Chapter 13.15
ILLICIT DISCHARGE, DETECTION AND ELIMINATION
Sections:
13.15.030 Prohibited discharges.
13.15.040 Allowable discharges.
13.15.050 Conditional discharges.
13.15.060 Prohibition of illicit connections.
13.15.070 Inspection, enforcement and penalties.
13.15.010 Purpose.
The purpose of this chapter is to protect ground water, surface water, critical areas and public or privately owned stormwater facilities from the accidental and/or intentional discharge of pollutants and associated impacts to water quality. (Ord. 2017-45 § 33, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.020 Definitions.
For the purposes of this chapter, the words defined in this section shall have the following meanings:
A. “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.
B. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other impacts to waters of Washington State. (Refer to the Stormwater Management Manual for Eastern Washington for additional information on BMPs.)
C. “Clean Water Act” means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto.
D. “Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
E. “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.
F. “Hyperchlorinated” means water that contains more than ten milligrams/liter chlorine.
G. “Illicit connection” means any infrastructure connection to any stormwater drainage system and/or surface waters that is not intended, permitted or used for collecting and conveying stormwater or nonstormwater discharges allowed as specified in Sections 13.15.040 and 13.15.050. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to any stormwater drainage system.
H. “Illicit discharge” means any discharge to any stormwater drainage system and/or surface or ground waters that is not composed entirely of stormwater or of nonstormwater discharges allowed as specified in Sections 13.15.040 and 13.15.050.
I. “National Pollutant Discharge Elimination System (NPDES) stormwater 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 USC 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.
J. “Nonstormwater discharge” means any discharge to a storm drain system that is not composed entirely of stormwater.
K. “Person” means any person, firm, association, institution, public or private corporation, political subdivision, government agency, municipality, industry, individual, partnership, co-partnership or other entity whatsoever. The term shall also mean the occupant and the owner of the premises.
L. “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; soils; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
M. “Pollution-generating land use activities” means any activity that results in pollutants entering any stormwater drainage system and/or surface or ground waters, with the exception of activities operating under and meeting requirements of a NPDES permit.
N. “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.
O. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
P. “Stormwater drainage system” has the same meaning as defined in Section 13.06.010.
Q. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
R. “Underground injection control (UIC) facility” has the same meaning as defined in Section 13.06.010. (Ord. 2017-45 § 34, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.030 Prohibited discharges.
No person shall throw, drain, or otherwise discharge, cause or allow others under such person’s control to throw, drain or otherwise discharge into any stormwater drainage system, underground injection control facility, and/or surface and ground waters any materials other than stormwater or nonstormwater discharges allowed as specified in Sections 13.15.040 and 13.15.050. Existing pollution-generating land use activities shall implement operational or structural source control best management practices (BMPs) to prevent illicit discharges. Approved operational and structural source control BMPs are those contained in the Washington State Department of Ecology’s Stormwater Management Manual for Eastern Washington.
A. Examples of prohibited contaminants include but are not limited to the following:
1. Trash or debris.
2. Construction materials.
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.
4. Antifreeze and other automotive products.
5. Metals in either particulate or dissolved form.
6. Flammable or explosive materials.
7. Radioactive material.
8. Batteries.
9. Acids, alkalis, or bases.
10. Paints, stains, resins, lacquers, or varnishes.
11. Degreasers and/or solvents.
12. Drain cleaners.
13. Pesticides, herbicides, or fertilizers.
14. Steam cleaning wastes.
15. Soaps, detergents, or ammonia.
16. Swimming pool or spa filter backwash.
17. Chlorine, bromine, or other disinfectants.
18. Heated water.
19. Domestic animal wastes.
20. Sewage.
21. Recreational vehicle waste.
22. Animal carcasses.
23. Food wastes.
24. Bark and other fibrous materials.
25. Lawn clippings, leaves, or branches.
26. Silt, sediment, concrete, cement or gravel.
27. Dyes.
28. Chemicals not normally found in uncontaminated water.
29. Any other process-associated discharge except as otherwise allowed in this section.
30. Any hazardous material or waste not listed above. (Ord. 2017-45 § 35, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.040 Allowable discharges.
The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director of public works 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:
A. Diverted stream flows.
B. Rising ground waters.
C. Uncontaminated ground water infiltration.
D. Uncontaminated pumped ground water.
E. Footing/foundation drains.
F. Air conditioning condensation.
G. Irrigation water from agricultural sources that is commingled with urban stormwater.
H. Springs.
I. Uncontaminated water from crawl space pumps.
J. Flows from riparian habitats and wetlands.
K. Discharges from emergency fire fighting activities. (Ord. 2017-45 § 36, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.050 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 of public works 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:
A. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in any stormwater drainage system;
B. Lawn watering and other irrigation runoff are permitted but shall be minimized;
C. Dechlorinated swimming pool, spa, and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent re-suspension of sediments in any stormwater drainage system. Discharges shall be thermally controlled so as not to exceed the ambient air temperature. Wastewater from cleaning and filter backwash shall not be discharged to any stormwater drainage system;
D. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are 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;
E. Nonstormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to a stormwater drainage system;
F. Unintentional discharges from a public sewer; provided, that the public authority which controls and maintains the sewer has developed, or is working to develop, a city-approved maintenance and repair plan to minimize such discharges.
G. Other nonstormwater discharges. The 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. (Ord. 2017-45 § 37, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.060 Prohibition of illicit connections.
The following activities related to connections to municipal stormwater drainage systems are prohibited:
A. The construction, use, maintenance, or continued existence of illicit connections to the municipal stormwater drainage system is prohibited. 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.
B. A person is considered to be in violation of this section if the person connects a line conveying sewage to the municipal stormwater drainage system, or allows such a connection to continue. (Ord. 2017-45 § 38, 2017: Ord. 2010-01 § 2 (part), 2010).
13.15.070 Inspection, enforcement and penalties.
Any violation of this chapter is defined as a public nuisance pursuant to Section 8.05.030(Q), and shall be subject to the inspection, enforcement and penalty provisions set forth in Chapters 8.05 and 8.07. (Ord. 2010-01 § 2 (part), 2010).