HomeMy WebLinkAboutOrdinance No. 0843CITY OF MENDINA
ORDINANCE NO. 843
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ADDING
CHAPTER 13.06 TO THE MEDINA MUNICIPAL CODE (MMC) TO REGULATE
STORMWATER
WHEREAS, pursuant to the Federal Clean Water Act, the City Council has
applied for and received coverage under the National Pollution Discharge Elimination
System (NPDES) Phase 11 Permit authorizing discharge of stormwater to waters of the
State of Washington; and
WHEREAS, the city council is required to adopt regulations to prohibit non-
stormwater discharge into storm sewers that discharge to surface waters and must
apply controls to reduce the discharge of pollutants to the Maximum Extent Practicable;
and
WHEREAS, the Phase II NPDES Permit does not authorize violation of the State
of Washington water quality standards; and
WHEREAS, the city council finds the proposed code is necessary for the health,
welfare, and protection of the citizens of Medina's quality of life; and
WHEREAS, the city council held a public hearing on July 13, 2009, to consider
the adoption a Stormwater code; and
WHEREAS, the Western Washington Phase II Municipal Stormwater Permit
issued on January 17, 2007 in compliance with the provisions of The State of
Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington
requires adoption of a stormwater control ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
ADD THE FOLLOWING CHAPTER TO TITLE 13 PUBLIC SERVICES OF THE
MEDINA MUNICIPAL CODE:
Chapter 13.06 Stormwater
Sections 13.06.010 Prohibited discharges
13.06.020 Prohibited contaminates
13.06.030 Allowable discharges
13.06.040 Conditional discharges
13.06.050 Prohibition of illicit connections
13.06.060 Definitions
13.06.070 Illicit discharge detection, elimination and penalty
13.06.080 Runoff control from development, redevelopment and
construction sites
13.06.090 Pollution prevention and enforcement
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Section 13.06.010 Prohibited discharges.
No person shall throw, drain, or otherwise discharge, cause or allow others
under its control to throw, drain or otherwise discharge into the City of Median storm
drain system and/or surface and ground waters within the City of Medina any materials
other than stormwater.
Section 13.06.020 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 from.
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.
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Section 13.06.030 Allowable discharges.
The following types of discharges shall not be considered illegal discharges for the
purposes of this chapter unless the director determines the type of discharge, whether
singly or in combination with others, is causing or is likely to cause pollution of surface
or groundwater:
1. Diverted stream flows.
2. Rising ground waters.
3. Uncontaminated ground water infiltration -as defined in 40 CFR 35.2005(20).
4. Foundation drains.
5. Air conditioning condensation.
6. Irrigation water from agricultural sources that is commingled with urban
stormwater.
7. Springs.
8. Water from crawl spaces.
9. Footing drains.
10. Flows from riparian habitats and wetlands.
11. Dischargers from emergency fire fighting activities.
Section 13.06.040 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. 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 stormwatrer system;
2. Lawn watering and other irrigation runoff are permitted but shall be
minimized;
3. De -chlorinated swimming pool discharges limited 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;
4. 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;
5. Non-stormwater discharges. The discharge 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 All Known and Reasonable methods of prevention, control, and
Treatment (AKART) to prevent contaminants from entering surface or
groundwaters.
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Section 13.06.050 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 ordinance if the person
connects a line conveying sewage to a storm drain system, or allows such a
connection to continue.
Section 13.06.060 Definitions.
For puposes of this chapter, the following shall mean:
1. AKART- all Known, Available, and Reasonable methods of prevention,
control, and Treatment. See also the State of Water Pollution Control Act,
sections 90.48.010 RCW and 90.48.520 RCW.
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, 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" means the City of Medina Director of Public Works and/or
designees.
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 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. "Hype rch lo ri nated" means water that contains more than 10mg/Liter chlorine.
8. "Illicit discharge" means and direct or indirect non-stormwater discharge to the
City's storm drain system, except as expressly allowed 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.
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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):
a. Owned and operated by the City of Medina;
b. Designed or used for collecting or conveying stormwater;
c. Which is 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. Which is not a combined sewer. "Combined sewer" means a system
that collects sanitary sewage and stormwater in a single system.
11. "National Pollution Discharge Elimination System (NPODES) 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)0 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.
12. "Non-stormwater discharge" means any discharge to the storm drain system
that is not composed entirely of stormwater.
13. "Person" means anything 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.
15. "Premises" means any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
16. "Storm 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.
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18. "Stormwater pollution prevention plan" 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.
Section 13.06.070 Illicit discharge detection, elimination, and penalty.
The Director is to promulgate administrative provisions for investigating the source of
suspected illicit discharges, dumping and/or illicit connections and procedures for
removing source of the illicit discharge or the illicit connection. These provisions are to
include all real property within the limits of the city, private drainage systems, private
connections and/or drainage facilities.
The Director bearing proper credentials and identification shall be permitted, during city
business hours, to enter property to which storm sewer service is being supplied by the
city for the purposes of inspecting the condition of exterior connections to the city
system and related apparatus.
In the event the Director finds any person engaged in illicit discharge, dumping, or
having an illicit connection, the Director shall notify the person of violation. Upon notice
of violation the person shall cease all such illicit discharge, dumping, and take steps to
remove the illicit connection and rectify all adverse impacts caused thereby. Should the
violation continue following notice thereof or in the event of an emergency, the city may
take remedial measures as necessary to protect water quality, abate the violation, and
the cost thereof shall be at the violating person's expense.
Intentional or flagrant violation of any of the provisions of this chapter is a misdemeanor,
and any person found guilty thereof shall be punished by a fine of not to exceed $
300.00 or by imprisonment not to exceed 90 days, or both. It is a separate offense for
each and every day or portion thereof during which any violation of any provisions of
this chapter is committed, continued, or permitted.
Section 13.06.080 Runoff control from development, redevelopment, and
construction sites.
The Stormwater Management Manual for Western Washington prepared by the
Washington Department of Ecology, including subsequent amendments thereto, is
hereby adopted by reference and is hereafter referred to as the "Manual".
All new development, redevelopment, and construction within the City of Medina shall
comply with the requirements of the Manual as amended by the Director, as well as
other requirements described in the Medina Municipal Code. Where there may be a
conflict between the requirements in the Manual, the Director's amendments, and the
Code the document imposing the greater restriction shall prevail.
Section 13.06.090 Pollution prevention and enforcement.
In order for stormwater facilities to function properly to prevent pollution, they must be
regularly maintained. The property owner or facility owner shall maintain, repair, restore
or replace, at the owner's expense, all private stormwater facilities and appurtenances
located on the owner's property or within an easement granted to the owner. No person
shall cause or permit any drainage system to be obstructed, filled, grades, or used for
disposal of debris. All storm drainage facilities shall be maintained in accordance with
standards as set forth in the Manual as amended by the Director. The facilities shall be
maintained in conformance with the approved design. These facilities shall be subject to
an annual inspection by the Director or his designee, and any and all deficiencies noted
shall be corrected within 30 days of notice. Failure to comply shall be subject to the civil
penalties described in this chapter.
It is anticipated that should private drainage facilities fail to provide water quality
protection whether the facility is existing, was permitted, or otherwise allowed, the
owner of the facility shall be required to improve, supplement, replace, or otherwise
apply AKART to prevent contaminates from entering surface or ground water.
PASSED BY THE CITY COUNCIL ON THIS 13 DAY OF JULY, 2009 AND
SIGNED IN AUTHENTICATION OF ITS PASSAGE ON THE 13 DAY OF JULY, 2009.
Approved as to form:
Wayne anaka, City
Attorne.
Passed:
Published:
Eff Date: 6'1 Z(10
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Mark L. Nelson, Mayor
Attest:
Rac el Baker, City Clerk
SUMMARY OF ORDINANCE NO. 843
of the City of Medina, Washington
On July 13, 2009, the City Council of the City of Medina, Washington, approved
Ordinance No. 843, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, ADDING
CHAPTER 13.06 TO THE MEDINA MUNICIPAL (MMC) TO REGULATE
STORMWATER
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of July 13, 2009.
Baker, City Clerk
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