Chapter 14.21
ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)

Sections:

14.21.010    Purpose/objectives.

14.21.020    Applicability.

14.21.030    Definitions.

14.21.040    Prohibited discharges.

14.21.050    Allowable discharges.

14.21.060    Conditional discharges.

14.21.070    Prohibition of illicit connections.

14.21.080    Access to premises.

14.21.090    Requirements to prevent, control, and reduce storm water pollutants by the use of best management practices (BMPs).

14.21.110    Watercourse protection.

14.21.120    Notification of spills.

14.21.130    Suspension of MS4 access.

14.21.140    Enforcement.

14.21.150    Compensatory action.

14.21.160    Severability.

14.21.170    Ultimate responsibility.

14.21.010 Purpose/objectives.

The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of Marysville through the regulation of non-storm water discharges to the city’s storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process.

The objectives of this chapter are:

(1) To regulate the contribution of pollutants to the MS4 by storm water discharges by any user;

(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system; and

(3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.020 Applicability.

This chapter shall apply to all water entering the municipal separate storm sewer system (MS4) from any developed and undeveloped lands unless explicitly exempted by the city. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.030 Definitions.

“AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“Director of public works” or “director” means the director of the public works department or his/her designee.

“Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

“Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

“Hyperchlorinated” means water that contains more than 10 mg/liter chlorine.

“Illicit discharge” means any direct or indirect non-storm water discharge to the city’s storm drain system, except as expressly exempted by this chapter.

“Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

“Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are:

(a) Owned or operated by the city of Marysville;

(b) Designed or used for collecting or conveying storm water;

(c) Not part of a publicly owned treatment works (POTW) (“POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned); and

(d) Not a combined sewer (“combined sewer” means a system that collects sanitary sewage and storm water in a single sewer system).

“National Pollutant Discharge Elimination System (NPDES) storm water discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 U.S.C. Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

“Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.

“Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.

“Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

“Storm or storm water drainage system” means publicly owned facilities, including the city’s municipal separate storm sewer system, by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs, and other drainage structures.

“Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. (Ord. 3035 § 6 (Exh. F), 2016; Ord. 2782 § 1 (Exh. A), 2009).

14.21.040 Prohibited discharges.

(1) No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than storm water.

(2) Examples of prohibited contaminants include but are not limited to the following:

(a) Trash or debris.

(b) Construction materials.

(c) Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.

(d) Antifreeze and other automotive products.

(e) Metals in either particulate or dissolved form.

(f) Flammable or explosive materials.

(g) Radioactive material.

(h) Batteries.

(i) Acids, alkalis, or bases.

(j) Paints, stains, resins, lacquers, or varnishes.

(k) Degreasers and/or solvents.

(l) Drain cleaners.

(m) Pesticides, herbicides, or fertilizers.

(n) Steam cleaning wastes.

(o) Soaps, detergents, or ammonia.

(p) Swimming pool cleaning wastewater or filter backwash.

(q) Chlorine, bromine, or other disinfectants.

(r) Heated water.

(s) Domestic animal wastes.

(t) Sewage.

(u) Recreational vehicle waste.

(v) Animal carcasses.

(w) Food wastes.

(x) Bark and other fibrous materials.

(y) Lawn clippings, leaves, or branches.

(z) Silt, sediment, concrete, cement or gravel.

(aa) Dyes. Unless approved by the city.

(bb) Wash water.

(cc) Chemicals not normally found in uncontaminated water.

(dd) Any other process-associated discharge except as otherwise allowed in this section.

(ee) Any hazardous material or waste not listed above. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.050 Allowable discharges.

The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1) Diverted stream flows.

(2) Rising ground waters.

(3) Uncontaminated ground water infiltration –as defined in 40 CFR 35.2005(b)(20).

(4) Uncontaminated pumped ground water.

(5) Foundation drains.

(6) Air conditioning condensation.

(7) Irrigation water from agricultural sources that is commingled with urban storm water.

(8) Springs.

(9) Uncontaminated water from crawl space pumps.

(10) Footing drains.

(11) Flows from riparian habitats and wetlands.

(12) Discharges from emergency fire fighting activities. (Ord. 3035 § 6 (Exh. F), 2016; Ord. 2782 § 1 (Exh. A), 2009).

14.21.060 Conditional discharges.

The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1) Potable water, including but not limited to water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 parts per million or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the storm water system.

(2) Lawn watering and other irrigation runoff. These discharges shall be minimized as set forth in Chapter 14.09 MMC.

(3) Dechlorinated swimming pool, spa and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 parts per million or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the storm water system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning waste water and filter backwash shall not be discharged to the storm water system.

(4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.

(5) Non-storm water discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.

(6) Other non-storm water discharges. These discharges shall be in compliance with the requirements of a pollution prevention plan reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (Ord. 3035 § 6 (Exh. F), 2016; Ord. 2782 § 1 (Exh. A), 2009).

14.21.070 Prohibition of illicit connections.

(1) The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.080 Access to premises.

(1) As a condition of approval of storm water facilities pursuant to this title, property owners shall be deemed to have permitted the city to enter and inspect premises subject to regulation under this title, as set forth in this section and as often as may be reasonably necessary to determine compliance with this title. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.

(2) Premises owners, occupiers and their agents shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of this title and the performance of any additional duties as defined by state and federal law.

(3) The city shall have the right to set up on any premises such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the storm water discharge.

(4) The city has the right to require premises owners, occupiers or their agents to install monitoring equipment as necessary. The monitoring equipment shall be maintained at all times in a safe and proper operating condition by the premises owners, occupiers, or their agents at their own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the premises owner, occupiers or their agents at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the premises owner or occupier.

(6) Unreasonable delays in allowing the city access to a premises is a violation of this chapter. A person who is the owner or operator of a premises commits an offense if the person denies the city reasonable access to the premises for the purpose of conducting any activity authorized or required by this chapter. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.090 Requirements to prevent, control, and reduce storm water pollutants by the use of best management practices (BMPs).

The Stormwater Manual sets forth approved best management practices (BMPs). The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.110 Watercourse protection.

Every person owning or leasing property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.120 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a premises or operation, or responsible for emergency response for a premises or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the state flowing through the city, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the public works department in person or by phone or facsimile no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.130 Suspension of MS4 access.

(1) Suspension Due to Illicit Discharges in Emergency Situations. The director may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person, when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4. If the violator fails to comply with a suspension order issued in an emergency, the director may take such steps as deemed necessary to prevent or minimize damage to the MS4, or to minimize danger to persons.

(2) Suspension Due to the Detection of Illicit Discharge. Any persons discharging to the MS4 in violation of this chapter may have their water service, sanitary sewer service and/or MS4 access terminated, if such termination would abate or reduce an illicit discharge. The director will notify a violator of the proposed termination of its water service, sanitary sewer service, and/or MS4 access. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.140 Enforcement.

Enforcement of the provisions of this chapter shall be as set forth in MMC Title 4. Included in the city’s abatement costs that may be recovered under the provisions of MMC Title 4 are the costs of abatement, sampling, or monitoring costs incurred if a violator fails to comply with the provisions of this chapter. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.150 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by MMC Title 4 and this chapter, the director may impose upon a violator alternative compensatory actions, including, but not limited to, such remedial actions as storm drain stenciling, attendance at compliance workshops, and creek cleanup. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.160 Severability.

The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 2782 § 1 (Exh. A), 2009).

14.21.170 Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards. Compliance with the standards established under this chapter does not relieve persons from any responsibility or obligation imposed pursuant to any other local, state, or federal regulation. (Ord. 2782 § 1 (Exh. A), 2009).