ORD 2008-14 IDDEORDINANCE NO. 2008-14
AN ORDINANCE of the City of Bainbridge Island, Washington
relating to adoption of regulations for illicit discharge detection
and elimination and adding a new Chapter 15.22 to Title 15 of the
City of Bainbridge Island Municipal Code.
WHEREAS, the City of Bainbridge Island (the "City") is regulated under the
Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater
Permit (the "Permit"); and
WHEREAS, the Permit became effective in February 2007 and contains various
requirements for stormwater management and operations that must be implemented over the 5 -
year permit term ending February 15, 2012; and
WHEREAS, the Permit broadly applies to City activities that include maintenance and
operations of City facilities, permitting of development, inspections and enforcement of
regulations, and other activities conducted in the City's Municipal Separate Storm Sewer
System; and
WHEREAS, the City will be adopting code policies and procedures as needed to comply
with the Permit; and
WHEREAS, to meet the conditions of the Permit, a Stormwater Management Program
("SWMP") has been prepared that outlines all requirements of the Permit and a summary of the
City's work program to meet those requirements over the 5 -year permit term, and will be
updated annually to incorporate progress on implementing the SWMP and changes to projected
future work efforts; and
WHEREAS, the proposed Illicit Discharge Detection and Elimination chapter becomes
an addition to the Bainbridge Island Municipal Code intended to meet Condition S.5C.3 of the
Permit with the goal of improving and maintaining water quality in compliance with the Clean
Water Act; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new Chapter 15.22 is added to Title 15 of the Bainbridge Island Municipal
Code to read as follows:
f°Chapter 15.22
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Sections:
15.22.010
Purpose
15.22:020
Definitions
15.22.030
Applicability
15.22.040
Administration
15.22.050
General Provisions
15.22.060
General Requirements
15.22.070
Inspections and Investigations
15.22.080
Enforcement
15.22.010 Purpose.
The purpose of this chapter is to regulate the city's municipal separate storm
sewer system ("MS4 or stormwater drainage system") regarding the introduction
of pollutants that would adversely impact surface and groundwater quality of the
state of Washington in order to comply with requirements of the city's National
Pollutant Discharge Elimination System ("NPDES") permit. The intent of this
chapter is to:
A. Control the introduction of pollutants to the stormwater drainage system by
any person and/or entity.
B. Prohibit illicit connections and discharges to the stormwater drainage system
and receiving waters.
C. Establish legal authority to carry out all inspection, surveillance and
monitoring procedures necessary to ensure compliance with this chapter.
15.22.020 Definitions.
1. "Best management practices" or "BMPs" means physical, structural,
and/or managerial practices that, when used singly or in combination,
prevent and/or reduce pollution of water. BMPs are listed and described
in the Stormwater Management Manual for Western Washington and the
City of Bainbridge Island Pollution Control Manual.
2. "Clean Water Act" means the federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), and any subsequent amendments thereto.
3. "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
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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, including but not limited to dangerous waste, extremely
hazardous waste, hazardous household substances, hazardous substances,
hazardous waste, and moderate -risk waste all as defined in RCW
70.105.014 as now existing or hereafter amended.
4. "Illegal Discharge" means any direct or indirect non-stormwater discharge
to the stormwater drainage system, except as permitted or exempted in
BIMC 15.22.050.
5. "Illicit Connection" is defined as either of the following:
a. Any drain, conveyance, or hydraulic connection whether surface or
subsurface, which allows an illegal discharge to enter the stormwater
drainage system including but not limited to any conveyances which
allow sewage, process wastewater, or wash water to enter the
stormwater drainage system and any connections to the stormwater
drainage system from indoor drains and sinks, regardless of whether
the connection had been previously allowed, permitted, or approved by
the city or other authorized public agency.
b. Any drain or conveyance connected from a residential, commercial or
industrial land use to the stormwater drainage system which has not
been documented in plans, maps, or equivalent records and approved
by the city.
6. "Municipal Separate Storm Sewer System (MS4)" or "stormwater
drainage system" means the system of conveyances including sidewalks,
roads with drainage systems, municipal streets, catchbasins, curbs, gutters,
ditches, manmade channels, or storm drains owned and operated by the
city and design or used for collecting or conveying stormwater.
7. "National Pollutant Discharge Elimination System (NPDES) Phase II
Permit" means the "Western Washington Phase 11 Municipal Stormwater
Permit" issued by the Washington State Department of Ecology with an
effective date of February 16, 2007 and subsequent reissues.
8. "Non-Stormwater discharge" means any discharge to the stormwater
drainage system that is not composed entirely of stormwater.
9. "Pollutant" or "Pollution" shall be construed to mean such contamination
or other alteration of the physical, chemical, or biological properties of
any of the waters of the state including, change in temperature, taste,
color, turbidity, or odor of the waters or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters of the state
as will or is likely to create a nuisance or render such waters harmful,
detrimental, or injurious, to the public health, safety, or welfare, or to
domestic, commercial, industrial, agricultural, recreational, or other
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legitimate beneficial uses, or to livestock, wild animals, birds, fish, or
other aquatic life; as defined in RCW 90.48.020 as now existing or
hereafter amended.
10. "Stormwater" means surface water runoff resulting from rainfall,
snowmelt, or other ,precipitation.
11. "Wastewater" or "Process wastewater" means any liquid or water which,
during manufacturing or processing, comes into direct contact with or
results from the production or' use of any raw material, intermediate
product, finished product, byproduct, or waste product.
12. "Watercourse" and "river or stream" means any portion of a channel, bed,
bank, or bottom waterward of the ordinary high water line of waters of the
state including areas in which fish may spawn, reside, or through which
they may pass, and tributary waters with defined bed or banks, which
influence the quality of fish habitat downstream. This includes
watercourses which flow on an intermittent basis or which fluctuate in
level during the year and applies to the entire bed of such watercourse
whether or not the water is at peak level. This definition does not include
irrigation ditches, canals, stormwater run-off devices, or other entirely
artificial watercourses, except where they exist in a natural watercourse
which has been altered by humans.
13. "Waters of the state" means all lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters, and all other surface waters and
water courses within the jurisdiction of the state of Washington as defined
in RCW 90.48.
15.22.030 Applicability.
This chapter shall apply to all water entering the stormwater drainage system and
waters of the state within the city jurisdiction.
15.22.040 Administration.
The public works director or designee shall administer this chapter and shall be
referred to as the administrator. The administrator shall have the authority to
develop and implement procedures to administer and enforce this chapter.
15.22.050 General provisions.
A. Prohibition of Illegal Discharges.
1. No person shall discharge or cause to be discharged into the city's
stormwater drainage system or waters of the state, any materials, including
but not limited to, pollutants or waters containing any pollutants.
2. Prohibited discharges include, but are not limited to, the following:
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a. Trash or debris;
b. Construction materials;
c. Petroleum products including, but not limited to, oil; gasoline, grease,
fuel oil, heating oil;
d. Antifreeze and other automotive products;
e. Metals in excess of naturally occurring amounts, in either particulate or
dissolved form;
f Flammable or explosive materials;
g. Chemicals not normally found in uncontaminated water;
h. Acids, alkalis, or bases;
i. Painting products;
j. Degreasers and/or solvents;
k. Drain cleaners;
1. Commercial and household cleaning products;
in. Pesticides, herbicides, or fertilizers;
n. Steam cleaning wastes;
o. Pressure washing wastes;
p. Soaps, detergents, or ammonia;
q. Chlorinated spa or swimming pool water;
r. Domestic or sanitary sewage;
s. Animal carcasses;
t. Food wastes;
u. Yard wastes;
v. Silt, sediment, or gravel;
w. Any hazardous material or waste;
x. Wastewater or process wastewater (including filtered or purified
wastewaters).
3. The following discharges are allowed by this chapter if the discharges do
not contain pollutants. The administrator may evaluate and remove any of
the exemptions if it is determined that they are causing an adverse impact.
a. Diverted stream flows (i.e., channeled or piped streams);
b. Rising ground waters and springs;
c. Flows from riparian habitats and wetlands.
d. Uncontaminated ground water infiltration (as defined in 40 C.F.R.
35.2005(20));
e. Uncontaminated pumped ground water;
f Foundation and footing drains;
g. Air conditioning condensation;
h. Irrigation water from agricultural sources that is commingled with
urban stormwater;
is Water from crawl space pumps;
j. Non-stormwater discharges covered by another NPDES permit;
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k. Discharges from emergency fire fighting activities;
1. Discharges specified in writing by the administrator as being necessary
to protect public health and safety.
4. The following types of discharges shall only be permitted if the stated
conditions are met:
a. Discharges from potable water sources, including 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 storm drainage
system;
b. Discharges from lawn watering and other irrigation runoff, these shall
be minimized through water conservation efforts;
c. Dechlorinated spa or swimming pool discharges; the discharges shall be
dechlorinated 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 storm drainage system. The
temperature of the discharge water shall not exceed 65 degrees
Fahrenheit. Spa or swimming pool cleaning wastewater and filter
backwash shall not be discharged to the storm drainage system.
d. Street and sidewalk wash water, water used to control dust, and routine
external building wash down that does not use detergents; the amount
of street wash, dust control, and building wash water shall be
minimized. At active construction sites, street sweeping must be
performed prior to washing the street.
e. Dye testing with verbal notification to the city at least twenty-four (24)
hours prior to the time of the test;
f. Discharges resulting from maintenance, repair, or operation of fire
fighting equipment and facilities that are not directly associated with
public fire fighting, including discharges from public fire fighting
training exercises, unless city -approved best management practices are
implemented.
5. Discharge prohibitions shall not apply to any non-stormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order issued
to the discharger and administered under the authority of the
Environmental Protection Agency or Washington State Department of
Ecology, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the stormwater drainage system.
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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.
C. Waste Disposal.
No person shall throw, deposit, leave, maintain, or keep in or upon any public
or private property, the stormwater drainage system, or waters of the state, any
refuse, rubbish, garbage, litter, or other discarded or abandon objects, articles,
or accumulations that may cause or contribute to pollution. Wastes deposited
in proper waste receptacles for the purposes of collection are exempt from this
prohibition.
15.22.060 General requirements.
A. Requirement to Eliminate Illegal Discharges.
The administrator may require by written notice that a property owner or
person responsible for an illegal discharge immediately, or by a specified date,
discontinue the discharge, clean up the polluting matter and, if necessary, take
measures to eliminate the source of the discharge to prevent the reoccurrence
of discharges. The administrator may charge all associated costs thereof to the
property owner or responsible party.
B. Requirement to Eliminate Illicit Connections.
The administrator may require by written notice that a property owner or
person responsible for an illicit connection to the stormwater drainage system
eliminate the connection by a specified date, regardless of whether or not the
connection had been established or approved previously.
C., Requirement to Implement Best Management Practices.
The owner or operator of a commercial or industrial establishment and
property owners shall provide, at their own expense, reasonable protection
from accidental discharge of prohibited materials or other wastes into the
stormwater drainage system or waters of the state through the use of structural
and non-structural BMPs (as defined in BIMC 15.20.030). The administrator
may require any person responsible for a property or premise, which is, or may
be, the source of an illicit discharge to implement, at their own expense,
additional structural and non-structural BMPs to prevent the further discharge
of pollutants to the stormwater drainage system.
D. Watercourse Protection.
Any person owning property through which a watercourse passes shall keep
and maintain that part of the watercourse within the property free of trash,
debris, and other items that would pollute or contaminate the flow of water
through the watercourse.
E. Notification of Illegal Discharges.
1. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation has information of any known or
suspected illegal discharges into the stormwater drainage system or waters
of the state, said person shall take all necessary steps to ensure the
discovery, containment; and cleanup of such release: , 1
2. In the event of an illegal discharge of hazardous materials into the
stormwater drainage system or waters of the state, said person shall
immediately notify emergency dispatch services (911) and the Public
Works Department (206-842-2016).
3. In the event of an illegal discharge of non -hazardous materials into the
stormwater drainage system or waters of the state, said person shall notify
the Public Works Department by phone (206-842-2016), by facsimile (206-
780-3710), or in person within forty-eight (48) hours after said discharge.
4. 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. Such records shall be kept and maintained on a
permanent basis from the effective date of this chapter.
15.22.070 Inspections and Investigations.
A. Facility and Property Inspections.
The administrator shall be permitted to enter and inspect facilities subject to
regulation under this chapter as often as may be necessary to determine
compliance with this chapter. If a property owner has security measures in
force which require proper identification and clearance before entry into its
premises, the property or facility owner/operator shall make the necessary
arrangements to allow access to the administrator.
B. Facility and Property Access.
1. Facility operators shall allow the administrator ready access to all parts of
the premises for the purposes of inspection, sampling, examination, and
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copying of records that must be kept under the conditions of an NPDES
permit to discharge stormwater, and the performance of any additional
duties as defined by state and/or federal law.
2. Any temporary or permanent obstruction to safe and easy access to the
facility to be inspected and/or sampled shall be promptly removed by the
property owner at the written or oral request of the administrator and shall
not be replaced. The costs of clearing such access shall be borne by the
property owner.
C. Monitoring and Sampling.
The administrator has the right to install or require the property owner to
install monitoring equipment as is reasonably necessary in the opinion of
the administrator to conduct appropriate monitoring and/or sampling of the
facility's stormwater discharge. The facility's sampling and monitoring
equipment shall be maintained at all times in a safe and proper operating
condition by the property owner at his/her own expense. All devices used
to measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
2. All data shall be collected in accordance with a sampling and analysis plan
that is approved by the administrator.
15.22.080 Enforcement.
A. Failure to Comply.
It is unlawful for any person to violate any provision or fail to comply with any
of the requirements of this chapter. Any activity or action caused or permitted
to exist in violation of this chapter is a violation subject to enforcement under
BIMC 1.26.
B. Emergency Access and Reparation.
In the event the violation constitutes an immediate danger to public health or
safety, the administrator is authorized to enter upon the subject private
property, without giving prior notice, to take any and all measures necessary to
abate the violation and/or restore the property. Any expense related to such
remediation undertaken by the city shall be fully reimbursed by the property
owner and/or responsible party. Any relief obtained under this section shall
not prevent the city from seeking further relief or applying other penalties as
outlined in BIMC 1.26.
C. Civil Infraction.
Except as provided in subsection D of this section, conduct made unlawful by
this chapter shall constitute a civil infraction and is subject to enforcement and
fines as provided in BIMC Chapter 1.26.035. A civil infraction under this
section shall be processed in the manner set forth in BIMC Chapter 1.26.
D. Misdemeanor.
Any person who again violates this chapter within twelve (12) months after
having been found by the Bainbridge Island Municipal Court to be in violation
of this chapter, commits a misdemeanor and any person who is convicted
thereof shall be punished as provided in BIMC 1.24.010.A.E.
E. Civil penalty.
In addition to any civil infraction fine, criminal penalty, and/ or other
available sanction or remedial procedure, any person engaging in conduct
made unlawful by this chapter shall be subject to a cumulative civil penalty in
the amount of $1,000 per day for each violation from the date set, for
compliance until the date of compliance. Any such civil penalty shall be
collected in accordance with BIMC 1.26.090.
F. Additional Remedies.
1. In addition to any other remedy provided by this chapter or under the
Bainbridge Island Municipal Code, the city may initiate injunction or
abatement proceedings or any other appropriate action in courts against any
person who violates or fails to comply with any provision of this chapter to
_ prevent, enjoin, abate, and/or terminate violations of this chapter and/or to
restore a condition which existed prior to the violation. In any such
proceeding, the person violating and/or failing to comply with any
provisions of this chapter shall be liable for the costs and reasonable
attorneys' fees incurred by the city in bringing, maintaining and/or
prosecuting such action.
2. The administrator may provide the option for compensation of all or part of
any penalties incurred by any person(s) to be made in the form of
community'service approved by the administrator that will be of benefit to
the environment and the city. The person(s) and administrator will enter
into a formal, written agreement providing for the community service. This
agreement shall include in detail description of the service(s) to be rendered
by the person(s) in penalty for noncompliance of this chapter. The
description shall include a completion date with a mutually agreed
compensation structure to offset the above mentioned penalties.
3. Any person who violates any provision of this chapter may also be in
violation of the Federal Clean Water Act, NPDES Phase II Permit, and/or
RCW 90.48 and may be subject to sanctions including civil and criminal
penalties. Any enforcement action authorized under this chapter shall also
include written notice to the violator of such potential liability."
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i Section 2. Severability. If any one or more section, subsections, or sentences of this ordinance
are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and effect.
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Section 3. Effective Date. This ordinance shall take effect on and be in force five (5) days from
and after its passage, approval, and publication as required by law.
PASSED by the City Council this 22nd day of October, 2008.
APPROVED by the Mayor this 22" d day of October, 2008.
Marlene Kordonowy,
ATTEST/AUTHENTICATE:
kMagi ACC1 \00
Rosalind D. Lassoff, CMb, City Clerk
FILED WITH THE CITY CLERK:
July 15, 2008
PASSED BY THE CITY COUNCIL:
October 22, 2008
PUBLISHED:
October 29, 2008
EFFECTIVE DATE:
November 3, 2008
ORDINANCE NUMBER:
2008-14
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