HomeMy WebLinkAboutO-2782 - Adds Ch. 14.21, illicit discharge detection and elimination (IDDE); amends Sec. 3.20.020 and 19.22.070, storm water management (3.20, 14.21)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE;Ll~f~
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
ADOPTING STORMWATER MANAGEMENT REGULATIONS FOR
ILLEGAL DISCHARGES PURSUANT TO THE WESTERN
WASHINGTON PHASE II MUNICIPAL STORMWATER PERMIT
ISSUED TO THE CITY BY THE WASHINGTON STATE DEPARTMENT
OF ECOLOGY, ADOPTING RELATED CODE AMENDMENTS, AND
AMENDING CHAPTERS 3.20, AND 19.22, AND ADOPTING CHAPTER
14.21, OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the Federal Clean Water Act, 33 U.S.c. 1251 et seq. (the Act), requires
certain local governments such as the City of Marysville to implement stormwater management
programs and regulations within prescribed time frames, and pursuant to said Act the United
States Environmental Protection Agency (EPA) has adopted rules for such stormwater programs
and regulations; and
WHEREAS, the EPA has delegated authority to the Washington State Department of
Ecology (Ecology) to administer such stormwater programs and regulations, and Ecology has
issued the Western Washington Phase II Municipal Stormwater Permit, effective January 17,
2007 through February 15, 2012, which requires local governments such as the City of
Marysville to implement numerous stormwater management requirements, including adopting
Ecology's 2005 Stormwater Management Manual for Western Washington and related
regulations by February 16, 2010 and adopting illegal discharge and connection regulations by
August 16,2009; and
WHEREAS, in 1999, the City Council adopted Ordinance 2245, which established a
stormwater utility to be responsible for the operation, construction and maintenance of
stormwater facilities, as set forth in Ch. 14.19 MMC; and
WHEREAS, in 2003, the City Council adopted Ordinance 2476, which adopted
Ecology's 2001 Stormwater Management Manual for Western Washington and related
regulations, as set forth in Ch. 14.15 MMC; and
WHEREAS, in order to comply with the currently effective Western Washington Phase
II Municipal Stormwater Permit, the City has prepared proposed Stormwater Management
regulations, which amend and update the City's current stormwater regulations and related
municipal code provisions, as primarily set forth in Title 14 MMC; and
WHEREAS, on June 16,2009, the City's SEPA Responsible Official complied with the
State Environmental Policy Act (SEPA) by issuing a Determination of Nonsignificance (DNS)
for the adoption of the proposed Stormwater Management regulations and by complying with
SEPA's procedural requirements for issuing the DNS; and
01
WHEREAS, on July 27,2009, the City Council conducted a duly noticed public hearing
on the proposed Stormwater Management regulations, as set forth below and in the attached
Exhibit A; and
WHEREAS, the City Council has determined that it is in the public interest and in
furtherance ofthe public health and welfare to adopt the proposed Stormwater Management
regulations, as set forth below and in the attached Exhibit A;
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. Title 14 of the Marysville Municipal Code is hereby amended by adopting
Chapter 14.21 MMC, to read as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference.
Section 2. Chapter 3.20 of the Marysville Municipal Code is hereby amended by amending
MMC 3.20.020 to read as follows:
3.20.020 Source of deposits.
(1) All drainage basin assessments collected by the city pursuant to Chapter 14.19 MMC shall be
deposited in the surface water utility fund.
(2) All surface water utility service charges collected by the city pursuant to Chapter 14.19 MMC shall
be deposited in the surface water utility fund. (Ord. 1815, 1990).
Section 3. Chapter 19.22 ofthe Marysville Municipal Code is hereby amended by amending
MMC 19.22.070 to read as follows:
19.22.070 SEPA decisions and appeals.
The city adopts the following sections ofthe Model SEPA Ordinance, as now existing or
hereafter amended, by reference, and incorporates the same into this chapter as though set forth
in full:
(1) WAC 173-806-155;
(2) WAC 173-806-160; provided, that subsection (c) thereof shall be amended to read as
follows:
The city adopts by reference the policies in the following city codes, plans, policies and
agreements, as now existing or hereafter amended, as a possible basis for the exercise of
substantive authority in the conditioning or denying of proposals:
(a) Chapter 6.76 MMC, Noise Regulations;
(b) MMC Title 1, Health and Sanitation;
02
(c) Chapter 9.04 MMC, Fire Code;
(d) Chapter 11.56 MMC, Fire Zones;
(e) Chapter 11.62 MMC, Truck Routes;
(f) MMC 12.02.170, Curbs, gutters and sidewalks required;
(g) MMC 12.02.180, Minimum access requirements;
(h) MMC 12.02.190, Dedication of road right-of-way -Required setbacks;
(i) Chapter 12.06 MMC, Classification of Streets;
(j) Six-Year Transportation Improvement Program;
(k) Chapter 14.01 MMC, General Requirements for Utility Service;
(1) Chapter 14.15 MMC, On-Site Stormwater Drainage Code;
(m) Chapter 14.16 MMC, Public Storm Drainage System Code;
(n) Chapter 14.18 MMC, Stormwater Drainage Assessments in Certain Designated
Drainage Basins;
(0) Chapter 14.21 MMC, Illicit Discharge Detection and Elimination;
(P) Chapter 14.32 MMC, Rural Utility Service Area, including the RUSA Plan;
qp) MMC Title l§, Building Codes, Sign Code, and Flood Plain Management;
(r) Chapter 18.08 MMC, Comprehensive Plan;
03
(s) Chapter 18.16 MMC, Shoreline Management Master Program, and Streamside
Protection Zone;
(t) Chapter 18.24 MMC, Mitigation ofImpacts Resulting from Development Proposals;
(u) MMC Title 1.2, Zoning;
(v) MMC Title 20: Subdivisions;
(w) All transportation improvement programs adopted by the city council pursuant to
Chapter 39.92 RCW;
(x) All capital facilities projects contained within the Marysville Comprehensive Plan;
(y) Interlocal Agreement Between Snohomish County and the City of Marysville on
Reciprocal Mitigation of Transportation Impacts;
(z) Interloca1 Agreement Between the City of Marysville and Snohomish County
Concerning Annexation and Urban Development Within the Marysville Urban Growth
Area;
(aa) The formally designated SEPA policies of other affected agencies or jurisdictions
when there is an agreement with the affected agency or jurisdiction which specifically
addresses impact identification, documentation, and mitigation and which references the
environmental policies formally designated by the agency or jurisdiction for the exercise
of SEPA authority.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 5. Effective date. This ordinance shall take effect on August 16, 2009.
ADOPTED by the City Council and APPROVED by the Mayor this:I1!: ay o(flA. ~'
2009.
04
ATTEST:
1
By ~ , Iv
YftHw-:tclfl'tt'~.,~ity Clerk
HVR~LD'~'(rV \)er~+'"\
APPROVED AS TO FORM:
By j)~L~
Grant Weed, City Attorney
Date o[Publication: .'/:Ji /0 'i
Effective Date: i 13 /0 9
CITY OF MARYSVILLE
By 8~;(k0Jt
Dennis Kendall, Mayor
05
Exhibit A
Chapter 14.21 Illicit Discharge Detection and Elimination (IDDE)
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.
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 stormwater 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.
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.
14.21.010 Definitions.
1) AKART -All Known, Available, and Reasonable methods of prevention, control, and Treatment.
See also the State Water Pollution Control Act, RCW 90.48.010 and RCW 90.48.520.
2) "Best management practices (BMPs)" mean 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 stormwater, receiving waters, or stormwater 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.
3) "Clean Water Act" means the federal Water Pollution Control Act (33 USC Section 1251 et seq.),
and any subsequent amendments thereto.
4) '''Director of public works" or "director" means the director of the public works department or
his/her designee.
5) "Ground water" means water in a saturated zone or stratum beneath the surface of the land or
below a surface water body.
6) "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.
7) "Hyperchlorinated" means water that contains more than lOmg/Liter chlorine.
8) "Illicit discharge" means any direct or indirect non-stormwater discharge to the city's storm drain
system, except as expressly exempted by this chapter.
9) "Illicit connection" means any man-made 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.
10) "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,
man-made channels, or storm drains, which are:
a. Owned or operated by the city of Marysville;
b. Designed or used for collecting or conveying stormwater;
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 stormwater in a single sewer system).
11) "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 pol lutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area-wide basis.
12) "Non-stormwater discharge" means any discharge to the storm drain system that is not composed
entirely of stormwater.
13) "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.
14) "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.
IS) "Premises" means any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parking strips.
16) "Storm" or "stormwater drainage system" means publicly owned facilities, including the city's
municipal separate storm sewer system, by which stormwater 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.
17) "Stormwater" means runoff during and following precipitation and snowmelt events, including
surface runoff and drainage.
18) "Stormwater pollution prevention plan (SWPPP)" means a document which describes the best
management practices and activities to be implemented by a person to identify sources of
pollution or contamination at a premises and the actions to eliminate or reduce pollutant
discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
14.21.040 Prohibited discharges.
a. 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 stormwater.
b. 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 cleaning wastewater or 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. Unless approved by the city.
28. Wash water.
29. Chemicals not normally found in uncontaminated water.
30. Any other process-associated discharge except as otherwise allowed in this section.
31. Any hazardous material or waste not listed above.
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 groundwater:
1. Diverted stream flows.
2. Rising ground waters.
3. Uncontaminated ground water infiltration -as defined in 40 CFR 35.2005(20).
4. Uncontaminated pumped ground water.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
8. Springs.
9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities.
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
groundwater:
1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire
hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be
de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes
and velocities controlled to prevent re-suspension of sediments in the stormwater system.
2. Lawn watering and other irrigation runoff. These discharges shall be minimized as set forth in
Ch. 14.09 M1v1C.
3. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a
concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and
velocity controlled to prevent re-suspension of sediments in the stormwater 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-stormwater 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-stormwater discharges. These discharges shall be in compliance with the requirements
of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city, which
addresses control of such discharges by applying AKART to prevent contaminants from entering
surface or ground water.
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.
14.21.080 Access to premises.
1. As a condition of approval of stormwater facilities pursuant to this title, property owners shall be
deemed to have permitted the city to enter and inspect premises subject to regulation under Title
14 MMC, as set forth in this section and as often as may be reasonably necessary to determine
compliance with this title. Ifa 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 stormwater 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 its own expense.
All devices used to measure stormwater 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.
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 non-structural 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 non-structural BMPs to prevent the further
discharge of pollutants to the municipal separate storm sewer system.
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.
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 stormwater, 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 non
hazardous 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.
14.21.130 Suspension ofMS4 Access.
A. 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.
B. 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.
14.21.140 Enforcement.
Enforcement of the provisions of this chapter shall be as set forth in Title 4 MMC. Included in the city's
abatement costs that may be recovered under the provisions of Title 4 MMC are the costs of abatement,
sampling, or monitoring costs incurred if a violator fails to comply with the provisions of this chapter.
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.
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 ofthis chapter.
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.