HomeMy WebLinkAboutOrdinances - 2009-14 - Amending the Heading of Title 13 of the EWMC, adding chapters 13.05 & 13.20, Storm water system definitions, establishing regulations and procedures - 8/25/2009THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
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Section 1: Purpose.
(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.
(2) 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") for the
following reasons.
(a) On January 17, 2007, the Washington State Department of Ecology
(DOE) issued the Eastern Washington Phase II Municipal Stormwater
Permit - National Pollutant Discharge Elimination System ("NPDES")
and State Waste Discharge General Permit for Discharges from Small
Municipal Separate Storm Sewers in Eastern Washington. The permit
was modified on June 17, 2009. In accordance with Section S5 of the
permit, the City is required to develop, implement and enforce a
program to detect and eliminate illicit discharges ("IDDE") within 30
months of the effective date of the NPDES Phase II Permit.
(b) An expanding population and increased development of land have led
to water quality degradation through the introduction of nutrients,
metals, oil and grease, toxic materials, and other detrimental
substances from uncontrolled discharges of non-stormwater runoff into
the City's stormwater system.
(c) Continuation of non-stormwater discharges into the City stormwater
system, will lead to further water quality degradation, erosion,
ORDINANCE NO. 2009-14
Page 1
property damage, and endanger the health and safety of the inhabitants
of the City.
(d) 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.
Section 2: 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 as
appropriate to the good government of the City.
Section 3: Amendment 1. The City Council amends the heading of Title 13 to read
as follows:
PUBLIC IC SERVICES SURFACE AND STORM WATER
MANAGEMENT
Section 4: Amendment 2. The Council adds Chapter 13.05 — Definitions to the East
Wenatchee Municipal Code as set forth in Appendix "A".
Section 5: Amendment 3. The Council adds Chapter 13.20 - Stormwater Illicit
Discharge Detection and Elimination to the East Wenatchee Municipal
Code as set forth in Appendix `B".
Section 6: Findings of Fact. The City Council adopts by reference the findings of
fact and conclusions as set forth in the attached Exhibit "C".
Section 7: Severability. If a court of competent jurisdiction declares any provision in
this Ordinance to be contrary to law, such declaration shall not affect the
validity of the other provisions of this Ordinance.
Section 8: Publication. The City Council directs the City Clerk to publish a summary
of this Ordinance. The summary shall consist of the title of this
Ordinance.
Section 9: Effective Date. This Ordinance becomes effective five days after the date
its summary is published.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
25t" day of AuglIst, 2009.
CITY OF EAST WENATCHEE,
WASHINGTON
ORDINANCE NO. 2009-14
Page 2
ATTEST:
Dana Barnard, City Clerk
Approved as to fo only:
r
evin Poulson, City Attorney
FILED WITH THE CITY CLERK: 08/20/09
PASSED BY THE CITY COUNCIL: 08/25/09
PUBLISHED: 08/28/09
EFFECTIVE DATE: 09/02/09
ORDINANCE NO: 2009-04
ORDINANCE NO. 2009-14
Page 3
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6
On the 251h day of Augg st, 2009, the City Council of the City of East Wenatchee,
Washington, passed Ordinance No. 2009- 14. A summary of the content of said
Ordinance, consisting of the title, provides as follows:
• •' '•
.. ,• • •jjkjM-
VITTIT
CONTAININGAND ENFORCEMENT INCLUDING PENALTIES FOR VIOLATIONS,
D ESTABLISHING
AN EFFECTIVE D�
The full text of this Ordinance will be mailed upon request.
ORDINANCE NO.2009-14
Page 4
I I . 0 1 1
1914=10111 •M
13.05.010 Purpose and applicability
The purpose of this chapter is to provide a primary source for the definition of
terms used in Titles 13, 15, 16, 17, and 18 of the East Wenatchee Municipal
Code. The definitions herein are applicable to those titles within the context of
their use. These definitions do not supersede or replace the definitions of other
terms found in the enumerated titles.
13.05.020 Definitions
A. "A" Definitions
1. "All Known, Available, and Reasonable" ("AKART") means methods
of prevention, control, and Treatment. The most current methodology that can be
reasonably required for preventing, controlling, or abating the pollutants
associated with a discharge. The concept of AKART applies to both point and
nonpoint sources of pollution. Best Management Practices (BMPs) typically
applied to nonpoint source pollution controls are considered a subset of the
AKART requirement. The Stormwater Management Manual for Eastern
Washington may be used as a guideline, to the extent appropriate, for developing
best management practices to apply AKART for storm water discharges. AKART
and Best Available Treatment (BAT) are roughly equivalent state and federal
terms for the same concept.
B. "B" Definitions
1. "Best Management Practices (BMPs)" means schedules of
activities, prohibitions of practices, general good housekeeping practices,
maintenance procedures, and structural and/or managerial practices approved
by the City that, when used singly or in combination, prevent or reduce the
release of pollutants directly or indirectly to stormwater, receiving waters or
stormwater conveyance systems.
C. "C" Definitions
1. "City" means the city of East Wenatchee, Washington, a municipal
corporation of the state of Washington, acting by and through its city council,
unless such authority shall be delegated to other persons.
2. "Clean Water Act" means the federal Water Pollution Control Act
(33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.
3. "Construction Activity" means activities subject to PDES
Construction Permits. These include construction projects resulting in land
disturbance of one acre or more and projects less than one acre that have the
potential to discharge runoff to the County's storm drain system. Such activities
ORDINANCE NO. 2009-14
Draft 8/10/09
Page 5
include • are • limited to clearing and grubbing, grading, excavating, an4
demolition.
1. "Director" means the city of East Wenatchee public works director
• is charged with certain duties and responsibilities by this chapter, • any
other person the director may appoint.
2. "Discharge" means runoff leaving the premises via overland flow,
built conveyance systems, or infiltration facilities. A hydraulic rate of flow,
specifically fluid flow; a volume of fluid passing a point per unit of time, commonly
expressed as cubic feet per second, cubic meters per second, gallons per
minute, gallons per day, or millions of gallons per day.
"E" Definitions
1. "Existing condition" means the impervious surfaces, drainage
systems, land cover, native vegetation and soils that exist at the site with
approved permits and engineering plans when required. If sites have impervious
areas and drainage systems that were built without approved permits, then the
existing condition is defined as those that existed prior to the adoption of this
Manual. These conditions can be verified by record aerial photography, or other
methods
1. "Flow path" means the route that stormwater runoff follows between
two points of interest.
G. "G" Definitions
1. "Good Housekeeping Practices" means simple common sense,
Best Management Practices which tend to focus more on the human side versus
the technical side. Such activities include but are not limited to waste
segregation, preventative maintenance, training and awareness, tidiness and
safety.
2. "Groundwater" means Water in a saturated zone or stratum
beneath the surface of the land or below a surface water body
H. "H" Definitions
1. "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.
2. "Hyperchlorinated" means water that contains more than 10
mg/Liter of chlorine.
"I" Definitions
ORDINANCE NO. 2009-14
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1 . "Illicit Discharge" means any direct or indirect discharge to thl;
municipal separate storm sewer system that is not composed entirely of storm
water, except discharges pursuant to a NIPDES permit and discharges exempted
in EWMC 13.20.050.
F-11. "Illicit Connection" means either of the following:
a. Any drain or conveyance, whether on the surface or subsurfa
that allows an illegal discharge to enter the storm drain system including but n
limited to any conveyances that allow any non-stormwater discharge includ
m i
sewage, process wastewater, and wash water to enter the storm drain syste
and any connections to the stordrain system from indoor drains and
regardless of whether said drain or connection had been previously allowei
permitted, or approved by the city or,
b. Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system that has not been documented in plans,
maps, or equivalent records and approved by the city.
3. "Industrial Activity" means manufacturing, processing or raw
materials storage areas at an industrial plant. -these activities are subject to
NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26
(b) (14).
"J" Definitions- reserved
K. "K" Definitions- reserved
"U Definitions- reserved
M. "M" Definitions- reserved
1. "Material Storage Facilities" means an uncovered area where bulk
materials (liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins,
craters, or other means.
2. "Maximum Extent Practicable" ("MEP") refers to paragraph
402(p)(3)(B)(iii) of the federal Clean Water Act, which reads as follows: "Permits
for discharges from municipals storm sewers shall require controls to reduce the
discharge of pollutants to the maximum extent practicable, including
management practices, control techniques, and system, design, and engineering
methods, and other such provisions as the Administrator or the State determines
appropriate for the control of such pollutants.
3. "Municipal Separate Storm Sewer System (MS4)" means the
system of conveyances (including sidewalks, roads with drainage systems,
municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains) owned and operated by the City of East Wenatchee and designed
or used for collecting or conveying stormwater, and that is not used for collecting
or conveying sewage.
N. "114" Definitions
ORDINANCE NO. 2009-14
Draft 8/10/09
Page 7
1 . "National Pollutant Discharge Elimination System (NPDES) Permit"
means the national a permit issued by EPA (or by a State under authority
delegated pursuant to 33 USC § 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.
Z "New development" means the conversion of previously
undeveloped or pervious surfaces to impervious surfaces and managed
landscape areas not specifically exempt. Projects that add new lanes on an
existing roadway or otherwise expand the pavement edge are included in the
definition of new development.
3. "Non-Stormwater Discharge" means any discharge to the storm
drain system that is not composed entirely of stormwater.
O. 0 Definitions
1. "Outfall" means point source as defined in 40 CFR 122.2 at the
point where a municipal separate storm sewer discharges to waters of the State
and does not include open conveyances connecting two municipal separate
storm sewers, or pipes, tunnels, or other conveyances with connect segments of
the same stream or other waters of the State and are used to convey water of the
State.
P. T" Definitions
1. "Person" means any individual, association, organization,
partnership, firm, corporation or other entity public or private and acting as either
the owner or as the owner's agent.
2. "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; non -hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
ordinances, 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.
3. "Premises" means any building, lot, parcel of land, or portion of land
whether improved or unimproved including adjacent sidewalks and parking strips.
Q. "Q" Definitions
1. "Qualified Personnel" means staff members or contractors who
have had professional training in the aspects of stormwater management for
which they are responsible and are under the function control of the City.
R. "R" Definitions
1. "Runoff" means water that travels across the land surface, or
laterally thought the ground near the land surface, and discharges to water
ORDINANCE NO. 2009-14
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Page 8
bodies either • • through a collection • conveyance •
Runoff
•' • and water from •` • that travels across the land
surface.
1. "Storm Drainage System" means publicly -owned facilities by which
stormwater is collected and/or conveyed, including but not limited to any roads
with drainage systems, 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.
2. "Stormwater" means runoff during and following precipitation and
snowmelt events, including surface runoff, drainage and interflow.
3. "Stormwater Management Manual for Eastern Washington" means
the technical manual (Publication No. 04-10-076) published by the Department of
Ecology in September 2004.
4. "Stormwater Management Program" means a set of actions and
activities designed to reduce the discharge of pollutants from the regulated small
MS4 to the maximum extent practicable and to protect water quality, and
comprising the components listed in S5 or S6 of the NPDES Phase 11 Permit and
any additional actions necessary to meet the requirements of applicable TMDLs.
T. "T" Definitions
1. "Total Maximum Daily Load" ("TMDU), also known as a "Water
Cleanup Plan."A TMDL is a calculation of the maximum amount of a pollutant
that a water body can receive and still meet water quality standards, and an
allocation of that amount to the pollutant's sources. A TMDL is the sum of the
allowable loads of a single pollutant from all contributing point and nonpoint
sources. The calculation shall include a margin of safety to ensure that the water
body can be used for the purposes the state has designated. The calculation
must also account for seasonable variation in water quality. Water quality
standards are set by states, territories, and tribes. They identify the uses for each
water body, for example, drinking water supply, contact recreation (swimming),
and aqua -tic like support (fishing), and the scientific criteria to support that use.
The Clean Water Act, section 303, establishes the water quality standards and
TMDL programs.
U. "U" Definitions
1. "Underground Injection Control" ("UIC") means the federal
regulatory program established to protect underground sources of drinking water
from UIC well discharges. A UIC well is defined as a bored, drilled, or driven
shaft whose depth is greater than the largest surface dimension; or a dug hole
whose depth is greater than the largest surface dimension; or an improved
sinkhole; or a subsurface fluid distribution system which includes an assemblage
of perforated pipes, drain tiles, or other similar mechanisms intended to distribute
fluids below the surface of the ground. Examples of UIC wells or a subsurface
ORDINANCE NO. 2009-14
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Page 9
• systems are drywells, drain fields, catch basins, •• • french •
• other similar devices that discharge to ground.
W. "W" Definitions
1. 'Water quality" is a term used to describe the chemical, physical,
and biological characteristics of water, usually in respect to its suitability for a
particular purpose.
2. "Water quality standards" means the minimum requirements of
purity of water for various uses; levels or measures of water quality considered
necessary to protect a beneficial use. In Washington State, the Department of
Ecology sets water quality standards.
3. "Waters of the state" includes those waters as defined as "waters of
the United States" in 40 CIFIR 122.2 within the geographic boundaries of
Washington State and "waters of the state: as defined in Chapter 90.48 RCW
with includes: lakes, rivers, ponds, streams, inland waters, underground waters,
salt waters, wetlands, and all other surface waters and watercourses within the
jurisdiction of the state of Washington
X. "X" Definitions - reserved
Y. "Y" Definitions- reserved
Z. "T Definitions- reserved
ORDINANCE NO. 2009-14
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Page 10
6%
11111111111:110fA I If] Z F—Aiii, I 1111 11
13.20.010 PURPOSE
13.20.020 APPLICABILITY.
13.20.030 RESPONSIBILITY FOR ADMINISTRATION.
13.20.040 DISCHARGE PROHIBITIONS.
13.20.050 COMPLIA14CE MONITORING
13.20.060 REQUIREMENT TO PREVENT, CONTROL, AND REDUC
STORMWATER POLLUTANTS BY THE USE OF BEST
MANAGEMENT PRACTICES.
13.20.070 SPILLS.
13.20.080 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
13.20.090 COST OF ABATEMENT OFTHE VIOLATION.
13.20.100 REMEDIES NOT EXCLUSIVE.
13.20.110 COMPATIBILITY WITH OTHER REGULATIONS.
13.20.120 ULTIMATE RESPONSIBILITY.
13.20.010 PURPOSE
The purpose of this chapter is to provide for the health, safety, and general
welfare of the citizens of the city of East Wenatchee through the regulation of
non-stormwater discharges to the 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 purposes
of this chapter are:
• To maintain and improve the quality of surface water and groundwater
within the city.
• To prohibit illicit connections and discharges to the MS4.
• To prevent the discharge of contaminated stormwater runoff from
industrial, commercial, residential, and construction sites into the
municipal separate storm sewer system (MS4) and natural waters within
the city
• To establish legal authority to regulate the contribution of pollutants to the
MS4 through inspection, surveillance, monitoring, and enforcement
procedures necessary to ensure compliance with this chapter.
• To promote public awareness of the hazards involved in the improper
discharge of hazardous substances, petroleum products, household
hazardous waste, industrial waste, sediment from construction sites,
ORDINANCE NO. 2009-14
Draft 8/10/09
Page 11
pesticides, herbicides, fertilizers, and other contaminants into the storm
sewers of the city.
To enable the city to comply with all federal and state laws and regulations
applicable to its NPDES permit for stormwater discharges
13.20.020 APPLICABILITY.
This chapter shall apply to all discharges entering the storm drain system.
generated on any developed and undeveloped lands unless explicitly exempteit
by this chapter.
13.20.030 RESPONSIBILITY FOR ADMINISTRATION.
The Director of the Public Works Department is authorized to administer,
implement, and enforce the provisions of this chapter. Any powers granted or
duties imposed upon the city may be delegated by the Public Works Director to
persons or entities acting in the beneficial interest of or in the employ of the city.
FT�l CM NUMM f e =ae 0 11 IM i a Mi 091 a 5, 1 p M-P-M I 151
Except as provided below, all discharges which are not composed entirely of
stormwater 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 stormwater. 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,
9. Irrigation water from agricultural sources that is commingled
with urban stormwater,
20019 0=0
Footing drains,
k. Flows from riparian habitats and wetlands,
ORDINANCE NO. 2009-14
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Page 12
I. Emergency -fire-fighting activities but not from activities not
related to firefighting such as the maintenance or cleaning of firefighting
equipment.
2. The prohibitions in this chapter shall not apply to any non-
stormwater discharge permitted under an NIPDES 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-stormwater 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 de -chlorinated to a
concentration of 0.1 ppm or less, pH -adjusted if necessary, and volumetrically
and velocity controlled to prevent re -suspension 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 discharges shall be de -chlorinated to a
concentration of 0.1 ppm or less, pH -adjusted and re -oxygenated if necessary,
and volumetrically and velocity controlled to prevent re -suspension of sediments
in the MS4. Swimming pool cleaning wastewater and filter backwash are
prohibited from discharge to the MS4;
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-stormwater discharges shall be in compliance
with the requirements of a stormwater pollution prevention plan reviewed by the
city which addresses control of such discharges.
4. The non-stormwater 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 stormwater 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
ORDINANCE NO. 2009-14
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Page 13
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 IVIS4, 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 onsite wastewater management
system or the sanitary sewer system upon approval of the city.
5. 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.
13.20.050 COMPLIANCE MONITORING
A. Right of Entry: Inspection and Sampling.
The director shall be permitted to enter and inspect premises subject to
regulation under this chapter as often as may be necessary to determine
compliance with this chapter.
1. The director shall be allowed 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 an NPIDES permit to discharge
stormwater, and the performance of any additional duties as defined by state and
federal law.
2. The director shall have the right to set up on any premise such
devices as are necessary to conduct monitoring and/or sampling of discharges
from the site.
3. The director has the right to require the owner or operator to install
monitoring equipment as necessary. The sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the
owner or operator. All devices used to measure flow and quality shall be
calibrated to ensure accuracy.
ORDINANCE NO. 2009-14
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Page 14
4. Any temporary • • obstruction to safe and easy access
to the premises shall be promptly removed by the owner or operator at tha.
written or oral request of the city and shall not be replaced. The costs of clearing
such access shall be borne by the • • the premise.
Search Warrants.
If the director has been refused access to any part of the premises from which a
discharge has occurred or is likely to occur, and the director is able to
demonstrate probable cause to believe that there may be a violation of this
ordinance, or that there is a need to inspect and/or sample as part of a routine
inspection and sampling program designed to verify compliance with this chapter
or any order issued hereunder, or to protect the overall public health, safety, and
welfare of the community, then the city may seek issuance of a search warrant
from any court of competent jurisdiction.
13.20.060 REQUIREMENT TO PREVENT, CONTROL, AND REDUCE
STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT
PRACTICES.
The owner or operator of such activity, operation, or facility which may cause or
con -tribute to pollution or contamination of stormwater or the storm drainage
system shall provide, at his or her 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 structural and non-
structural BMPs. Further, any person responsible for a property or premises that
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 MS4. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of stormwater, to
the extent practicable, shall be deemed compliance with the provisions of this
section.
13.20.070 SPILLS.
Notwithstanding other requirements of law, as soon as any person responsible
for a facility or operation has information of any known or suspected release of
materials which are resulting or may result in illicit discharges or pollutants
discharging into stormwater, the storm drain system, or waters of the United
States, 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. In the event of a release of non -hazardous materials,
said person shall notify the City's Public Works Department in person or by
phone, email or facsimile.
13.20.080 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
A. Violations.
It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this chapter. Any person who has violated or
continues to violate the provisions of this chapter, may be subject to the
ORDINANCE NO. 2009-14
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Page 15
enforcement actions outlined in this section or may be restrained by injunction or
otherwise abated in a mariner provided by law. In the event the violation
constitutes an e• danger to public health • public safety, the city is
authorized to enter upon the subject private property, without giving prior notice,
• take any and all measures necessary to •.- the violation r• restore the
property. The city is authorized to seek • • the abatement in accordance
with EWMC 8.20.120.
B. Enforcement
Enforcement action shall •- taken in accordance with the provisions •` .•
8.20 EWMC.
C. Compensatory Action.
In lieu of enforcement proceedings, penalties, and remedies authorized • this
chapter, the city may impose alternative compensatory actions, such as storm
drain stenciling, attendance at compliance workshops, cleanup, or other
alternative actions deemed appropriate by the city.
D. Suspension of MS4 Access.
1. Emergency Cease and Desist Orders
When the city finds that any person has violated, or continues to violate,
any provision of this chapter, or any order issued hereunder, or that the person's
past violations are likely to recur, and that the person's violation(s) has (have)
caused or contributed to an actual or threatened discharge to the MS4 or waters
of the United States which reasonably appears to present an imminent or
substantial endangerment to the health or welfare of persons or to the
environment, -the city may issue an order to the violator directing it immediately to
cease and desist all such violations and directing the violator to:
a. Immediately comply with all chapter requirements; and
b. Take such appropriate preventive action as may be needed to properly
address a continuing or threatened violation, including immediately halting
operations and/or terminating the discharge. Any person notified of an
emergency order directed to it under this Subsection shall immediately comply
and stop or eliminate its endangering discharge. In the event of a discharger's
failure to immediately comply voluntarily with the emergency order, the city may
take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and/or endangerment to persons or to the
environment, including immediate termination of a facility's water supply, sewer
connection, or other municipal utility services. Issuance of an emergency cease
and desist order shall not be a bar against, or a prerequisite for, taking any other
action against the violator.
2. Suspension due to Illicit Discharges in Emergency Situations
The city may, without prior notice, suspend 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
ORDINANCE NO. 2009-14
Draft 8/10/09
Page 16
environment, or to the health or welfare of persons, or to the MS4 or waters of
the United States. If the violator fails to comply with a suspension order issued in
an emergency, the city may take such steps as deemed necessary to prevent or
minirnize damage to the MS4 or waters of the United States, or to minimize
danger to persons.
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Any person discharging to the I\AS4 in violation of this chapter may have
their MS4 access terminated if such termination would abate or reduce an illicit
discharge. A person commits an offense if the person reinstates MS 4 access to
premises terminated pursuant to this section, without the prior approval of the
city.
13.20.090 COST OF ABATEMENT OF THE VIOLATION.
The owner of the property or person responsible for the violation will be notified
of the cost of abatement, including administrative costs. Payment in full shall be
due within thirty (30) days and on the 31st day interest may be applied at a rate of
eight percent per annum. After ninety (90) days, if payment in full has not been
received, a lien may be filed on the property and foreclosed as provided in
Chapter 35.67 RCW. The director may approve a payment plan of equal
payments evenly spaced over no more than twelve (12) months.
13.20.100 REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the
discretion of the city to seek cumulative remedies. The city may recover all
attorneys' fees, court costs and other expenses associated with enforcement of
this chapter, including but not limited to sampling and monitoring expenses.
13.20.110 COMPATIBILITY WITH OTHER REGULATIONS.
This chapter is not intended to modify or repeal any other chapter, rule,
regulation, or other provision of law. The requirements of this chapter are in
addition to the requirements of any other chapter, rule, regulation, or other
provision of law, and where any provision of this chapter imposes restrictions
different from those imposed by any other chapter, rule, regulation, or other
provision of law, whichever provision is more restrictive or imposes higher
protective standards for human health or the environment shall control.
13.20.120 ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this chapter are
minimum standards; therefore this chapter does not intend or imply that
compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
ORDINANCE NO. 2009-14
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Page 17
im
The City of East Wenatchee is regulated under the National Pollutant
Discharge Elimination System ("NPDES") Phase 11 Program administered by
the Washington State Department of Ecology (DOE). The City's Eastern
Washington Phase 11 Municipal Stormwater Permit - and State Waste
Discharge General Permit for Discharges from Small Municipal Separate
Storm Sewers in Eastern Washington was issued on January 17, 2007 and
was subsequently modified on June 17, 2009. In accordance with Section S5
of the permit, the City is required to develop, implement and enforce a
program to detect and eliminate illicit discharges ("IDDE") within 30 months of
the effective date of the NPDES Phase 11 Permit.
Public Involvement. The City, in partnership with Chelan County, Douglas
County and the City of Wenatchee adopted a Public Involvement, Education
and Outreach Plan in February 2008.
a) A public open house was held on March 4, 2008 at the Wenatchee
Convention Center.
b) A Steering Committee was formed involving a diverse group of people
representing various businesses, agencies and local citizens. The
Steering Committee held meetings in 2008 (March 26, April 16, and
December 3) to review various documents related to the Wenatchee
Valley Stormwater Program including the draft of the IDDE ordinance.
c) A duly advertised public hearing was held by the City Council on August
25, 2009 to obtain public comment on the proposed ordinance.
Environmental Review. An Environmental Checklist was prepared on July 20,
2009. A threshold determination and environmental review pursuant to RCW
43.21 C the State Environmental Policy Act was completed and a
Determination of Non -significance was issued on July 23, 2009. The
comment period deadline for the DNS is August 10, 2009. No comments
were received indicating that the proposal would have a probable significant
adverse impact on the environment.
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.
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