HomeMy WebLinkAboutOrdinances - 2019-09 - Amending Section 13.20.040 of the East Wenatchee Municipal Code regulating Storm Water Illicit Discharge Detection and Elimination - 5/1/2019
City of East Wenatchee, Washington
Ordinance No. 2019-09
An Ordinance of the City of East Wenatchee amending Section 13.20.040 of the East Wenatchee Municipal Code regulating Storm Water Illicit Discharge Detection and Elimination, clarifying that certain discharges must be uncontaminated water, dechlorinated and thermally controlled, containing a severability clause, and establishing an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que modifica la Sección 13.20.040 del Código Municipal de East Wenatchee que regula la Detección y Eliminación de Descargas Ilícitas de Aguas Pluviales, aclara que ciertas descargas deben ser de agua no contaminada, declorada y controlada térmicamente, que contenga una cláusula de severidad y establezca una Fecha efectiva.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternatformat@east-wenatchee.com, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternate format@east-wenatchee.com, at (509) 884-9515, or at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code City duly incorporated and operating under the laws of the State of Washington; and
2.2. The City Council of East Wenatchee (“City Council”) finds that it is in the best interests of the City and its citizens to adopt the proposed amendments to the Greater East Wenatchee Area Comprehensive Plan (GEWA) Land Use Map and the Official Zoning Map.
2.3. The City of East Wenatchee is regulated under the National Pollutant Discharge Elimination System (“NPDES”) Phase II Program administered by the Washington State Department of Ecology (DOE). The City was issued an Eastern Washington Phase II Municipal Stormwater Permit - and State Waste Discharge General Permit for Discharges for Small Municipal Separate Storm Sewers in Eastern Washington by DOE. In accordance with the permit, the City is required to develop, implement and enforce a program to detect and eliminate illicit discharges (“IDDE”).
2.4. An expanding population and increased development of land have led to water quality degradation through the introduction of nutrients, metals, oil
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and grease, toxic materials, and other detrimental substances from uncontrolled discharges of non-stormwater runoff into the City’s stormwater system.
2.5. The City Council finds that it is in the best interests of the City and its citizens to amend Title 13 of the East Wenatchee Municipal Code (“EWMC”) and adopt a stormwater management ordinance regulating discharges to the municipal separate storm sewer system (“MS4”).
3. Authority. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs and appropriate to the good government of the City.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to amend the sections regarding prohibited discharges clarifying that discharges from crawl spaces must be uncontaminated water and discharges from pools, hot tubs, and spas must dechlorinated and thermally controlled. The proposal is required by the City of East Wenatchee’s Eastern Washington Phase II Municipal Stormwater Permit issued by the Department of Ecology
5. Amendment. The City Council amends Section 13.20.040 of the East Wenatchee Municipal Code to read as set forth below.
13.20.040 Discharge prohibitions. A. Prohibition of Illicit Discharges and Exceptions. Except as provided below, all discharges which are not composed entirely of storm water are illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge either directly or indirectly into the MS4 any pollutants or waters containing any pollutants, other than storm water. The commencement, conduct or continuance of any illicit discharge to the storm drain system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this chapter:
a. Diverted stream flows;
b. Rising ground waters;
c. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20));
d. Uncontaminated pumped ground water;
e. Foundation drains;
f. Air conditioning condensation;
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g. Irrigation water from agricultural sources that is commingled with urban storm water;
h. Springs;
i. Uncontaminated water from crawl space pumps;
j. Footing drains;
k. Flows from riparian habitats and wetlands;
l. Emergency fire-fighting activities but not from activities not related to fire fighting such as the maintenance or cleaning of fire-fighting equipment.
2. The prohibitions in this chapter shall not apply to any non-storm water discharge permitted under an NPDES permit issued to the discharger and administered under the authority of the Washington State Department of Ecology; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system by the city.
3. The following non-storm water 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:
a. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4;
b. Discharges from lawn watering and other irrigation runoff shall be kept to a minimum and shall not cause damage to public streets or sidewalks;
c. Swimming pool, hot tub, and spa discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and re-oxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash are prohibited from discharge to the MS4;
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d. Street and sidewalk wash water, water used to control dust, and routine external building wash down shall not contain soaps or detergents and shall be kept to a minimum. Practices shall be implemented prior to washing to reduce pollutants entering the MS4 including but not limited to sweeping, picking up litter and controlling velocity of discharge.
e. Other non-storm water discharges shall be in compliance with the requirements of a storm water pollution prevention plan reviewed by the city which addresses control of such discharges.
4. The non-storm water discharges from the sources listed above shall be considered illicit discharges if the director determines that the type of discharge, whether singly or in combination with others, is causing or contributing to a violation of the city’s NPDES storm water permit or is causing or contributing to a water quality problem, such as those which contain more contamination than typical discharges in the city, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the city.
B. 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 chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
4. Improper connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or the sanitary sewer system upon approval of the city.
C. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice of violation from the city requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the city. (Ord. 09-14 § 5 (App. B), 2009)
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6. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below:
6.1. Findings of Fact;
6.1.1. The proposed amendments to Section 13.20.040 are required by the City of East Wenatchee’s NPDES Phase II permit.
6.1.2. An Environmental Checklist was prepared on April 23, 2019. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance was issued on April 23, 2019. The comment period deadline for the DNS is May 7, 2019. No comments were received indicating that the proposal would have a probable significant adverse impact on the environment.
6.1.3. Discharges from non-stormwater sources and other illicit discharges and connections to the city stormwater system may damage the city’s storm water system and adversely impact surface and ground water quality.
6.1.4. Continuation of non-stormwater discharges into the City stormwater system, will lead to further water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the City.
6.1.5. Identification and elimination of non-stormwater discharges will protect the City’s stormwater system and improve water quality of surface and groundwater that may come into contact with stormwater from the City’s system.
6.1.6. A notice of City Council public hearing was published in the Wenatchee World on April 26, 2019.
6.1.7. A duly advertised public hearing was held by the City Council on May 7, 2019 to obtain public comment on the proposed ordinance
6.1.8. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.
6.2. Conclusions of Law:
6.2.1. It is the determination of the lead agency that no more than a moderate effect on the environment is a reasonable probability as a result of the proposed action. The proper exercise of the threshold determination process as required by WAC 197-11 is than an environmental impact statement is not required to be prepared for this project.