HomeMy WebLinkAboutORD 5873 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5873
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING
SUBSECTION 4-6-030.J AND SECTION 4-6-100 OF THE RENTON MUNICIPAL CODE,
AMENDING ILLICIT DISCHARGE REGULATIONS INCLUDING AMENDING THE
DEFINITIONS FOR ILLICIT CONNECTION, ILLICIT DISCHARGE, MUNICIPAL
SEPARATE STORM SEWER SYSTEM, AND STORMWATER; AND PROVIDING FOR
SEVERABIIITY,AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City is required to comply with the requirements of the 2013-2018
Western Washington Phase II Municipal Storm Permit (Permit) section 55.C.3.b to update the
regulatory mechanism and definitions related to illicit discharges into the "Municipal Separate
Storm Sewer System"( M54) for consistency with the Permit; and
WHEREAS, Renton Municipal Code 4-6-030 regulates illicit stormwater discharges to the
Municipal Separate Storm System (MS4); and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS,pursuant to RCW 36.70A.106,on November 8, 2017,the City notified the State
of Washington of its intent to adopt amendments to its development regulations; and
WHEREAS,the Planning Commission held a properly noticed public hearing on November
15, 2017, considered all relevant matters, and heard all parties in support or opposition, and
subsequent�y forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Subsection 4-6-030.J of the Renton Municipal Code is amended as shown
below. All other provisions of RMC 4-6-030 remain in effect and unchanged.
1
ORDINANCE NO. 5873
J. DISCHARGE PROHIBITION:
1. Prohibition of Illicit Discharge: Materials, whether or not solids or
liquids, other than surface water and stormwater shall not be spilled, leaked,
emitted, discharged, disposed or allowed to escape into the storm sewer and/or
drain system, surface water, groundwater, or watercourses.
a. Examples of illicit discharge include but are not limited to the
following:
i. Trash, debris or garbage;
ii. Construction materials or wastewater;
iii. Petroleum products, including but not limited to oil, gasoline,
greases, fuel oil or heating oil;
iv. Antifreeze, brake fluid, windshield cleaner and other
automotive products;
v. Metals in either particulate or dissotved form;
vi. Flammable or explosive materials or substances;
vii. Radioactive materials;
viii. Acids or batteries of any kind;
ix. Alkalis or bases;
x. Paints, stains, resins, lacquers, or varnishes;
xi. Degreasers, solvents or chemicals used in laundries or dry
cleaners;
xii. Drain cleaners;
2
ORDINANCE N0. 5873
xiii. Pesticides, herbicides and fertilizers;
xiv. Steam cleaning wastes;
xv. Soaps, detergents, ammonias;
xvi. Swimming pool or spa cleaning wastewater and filter backwash
containing water disinfectants (chlorine, bromine, or other chemicals);
xvii. Heated water;
xviii. Domestic animal waste;
xix. Sewage;
xx. Recreational vehicle wastewater or sewage;
xxi. Animal carcasses;
xxii. Food waste;
xxiii. Bark and other fibrous material;
xxiv. Collected lawn clippings, leaves, branches or other yard waste
material;
xxv. Silt, sediment or gravel;
xxvi. Dyes, except as stated in subsection b.xiii of this section;
xxvii. Chemicals not normally found in uncontaminated water;
xxviii. Wastewater or process water (including filtered or purified);
xxix. Any pollution or contaminant as referenced in the Stormwater
Pollution Prevention Manual; and
3
ORDINANCE N0. 5873
xxx. Any hazardous material as defined in RMC 4-11-080, or waste
not listed above and any other process-associated discharge except as otherwise
allowed in this Section.
b. Allowable Dischar�es: The following types of a�e ^� �^^'^� ^{
a�4e�ec�discharges shall not be considered illicit dischar�es by this Section +#�#e
,�;.-,.►,,...,,� a„ ,,,,+ ,. �+-,c� �„��,.,..,�+� -....� unless the Administrator evaluates and
determines that Th�are sa�s+r�a��erse�ae�the type of dischar�e,
whether sin�ly or in combination with others, is causin� or is likely to cause
si�nificant pollution of surface water or�roundwater:
i. Diverted stream flows;
ii. Spring water;
iii. Rising groundwater;
iv. Uncontaminated groundwater infiltration (as defined in 40 CFR
35.2005(b)(20));
v. Uncontaminated pumped groundwater;
vi. Foundation ande�footing drains;
vii. Uncontaminated �Fwater from crawl space pumps;
viii. Air conditioning condensation;
ix. Flows from riparian habitats and wetlands;
x. Discharges from emergency fire fighting activities in accordance
with the Western Washin�ton Phase II Municipal Stormwater Permit Section S2
Authorized Dischar�es;
4
ORDINANCE N0. 5873
xi. Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety;
xii. Irrigation water from an agricultural source that is commingled
with stormwater runoff;
xiii. Storm system dye testing is allowable�"��*"^ r�*,,, ^^^' �^.,�'.,^
+„�+;�,. �„„+�,,.� but requires verbal notification to the Public Works Department
at least one day prior to the date of the test. The Citv is exempt from this
requirement;
xiv. Nonstormwater discharges authorized by another NPDES or
State Waste Discharge Permit.
n },`'*•.,�}�., I+ � r .,1., .-+1,., -, .�,li�-.+:..., .,f
C. rt�CTOTCTCTt�th��-N�a'y=rc�lrc-Ill FI�IcI��I�ch�,rge, '
�C���age+�efl*�-^p�"raE�+ses ��.T�S�--�s s�esifi�� ifi--�he �+,,..r,..,.,+,,, o„���.+�,,.,
�,�eve�t�e„ ""�^�"' ^ ��+�ia�;-i���"�����-ITTT�CCQ �: Conditionally
Allowable Dischar�es: These dischar�es are allowed if the stated conditions are
met, unless the Administrator determines that the type of dischar�e, whether
sin�ly or in combination with others, is causin� or is likely to cause si�nificant
pollution to surface water or�roundwater:
i. Discharges from potable water sources, including but not limited
to water line flushing, hyperchlorinated water line flushing, fire hydrant system
flushing, and pipeline hydrostatic test water. Planned discharges shall be
dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-
5
ORDINANCE N0. 5873
adjusted, if necessary, and volumetrically and vetocity controlled to prevent
resuspension of sediments into the MS4;
ii. Discharges from lawn watering and other irrigation runoff.These
dischar�es shall be minimized through, at a minimum, public education activities
and water conservation efforts;
iii. Dechlorinated swimmin� pool, spa, and hot tub dischar�es. The
dischar�es shall be dechlorinated to a total residual chlorine concentration of 0.1
ppm or less, pH-adiusted and reoxv�enized if necessary, volumetricallv and
velocitv controlled to prevent resuspension of sediments in the MS4. Dischar�es
shall be thermallv controlled to prevent an increase in temperature of the
receivin�water.Swimmin�pool cleanin�wastewater and filter backwash shall not
be dischar�ed to the MS4;
+i+ iv. ; Street and sidewalk wash
water, water used to control dust, and routine external buildin� washdown that
does not use deter�ents. The dischar�es shall be minimized throu�h, at a
minimum, public education activities and/or water conservation efforts.
• , ;
�!. D-....,.�,�.,+ -..�,.J L,���I,J�.-.....,-,.-L,�.,.�.•
"��e c�l;�a�e� �e—a—EenEei�c�utien--^����p�-�r�;cs��p H a�7a s�e� a n�
�ee;�ge�T�e� ��Tesessar„� .,,,�„w,,,+r;,.-,n„ -,�,� ,,,,�,,,.,+., �,,.,+.-„��o,� +„ .,ro.,e.,+
r�c���rr�....�i.�.n �F.-.�rli.v� r�+.- :r� tl�� NACA•
�
6
ORDINANCE N0. 5873
�„+„ .,,� ...,-,;.,+�.,.,.,,.,,.
. ,
n.��i.���„ .- �,� .... �+„�.,.,,.,,.
. ,
i .,..,�� -.,,� ..,-,�.,+,,.,-,n,.,,.
. ,
., u.,�-,..�,.,,.- .. .,�+„ �-..,ai��,..
• .
c„ : -,�+„
n;. "^;
nr�l;��+�.,., „F�.,.-+���.J,,.-.
. ,
�c+i+ v. Non-stormwater discharge permitted under another NPDES
permit; provided, that the discharge is in full compliance with all requirements of
the permit, waiver, or other applicable requirements and regulations.
vi. Other non-stormwater dischar�es. The dischar�es shall be in
compliance with the requirements of a pollution prevention plan reviewed by the
City/Administrator or desi�nee, which addresses control of such dischar�es.
d. A person does not violate this subsection J if:
i. That person has properly designed, constructed, implemented
and is maintaining BMPs as required by this Chapter and Section, but
contaminants continue to enter surface and stormwater and underground water;
ii. That person can demonstrate that there are no additional
contaminants in discharges from the site above the background conditions of
water entering the site;
iii. The discharge is a result of an emergency response activity or
other action that must be undertaken immediately or within a time too short to
allow full compliance with this Chapter or Section in order to avoid an imminent
7
ORDINANCE NO. 5873
threat to public health or safety. The Administrator by pubiic rule may specify
actions that qualify for this exemption in City procedures. A person undertaking
emergency response activities shall take steps to assure that the discharges
resultingfrom such activities are minimized. In addition,this person shall evaluate
BMPs to restrict recurrence.
e. Any person who knowingly allows or permits any prohibited
discharges, as set forth in this subsection J or the Stormwater Pollution Prevention
Manual, through illicit connections, dumping, spills, improper maintenance of
BMPs or other discharges, that allow contaminants to enter surface and
stormwater or groundwater, shall be in violation of this Section.
2. Prohibition of Illicit Connections: The construction, use, maintenance
or continued existence of any connection identified by the Administrator, that
may convey any pollution or contaminants or anything not composed entirely of
surface water and stormwater, directly into the MS4, is prohibited, including
without limitation, existing illicit connections regardless of whether the
connection was permissible under law or practices applicable or prevailing at the
time of connection.
3. Remedy:
a. The person and/or property owner responsible for an illicit
connection and/or illicit discharge shall initiate and complete all actions necessary
to remedy the effects of such connection or discharge at no cost to the City.
8
ORDINANCE NO. 5873
b. If the person responsible for an illicit connection or illicit discharge
and/or the owner of the property on which the illicit connection or illicit discharge
has occurred fails to address the illicit connection or illicit discharge in a timely
manner, the Administrator shall have the authority to implement removal or
remedial actions following lawful entry upon the property. Such actions may
include, but not be limited to: installation of monitoring wells; collection and
laboratory testing of water, soil, and waste samples; cleanup and disposal of the
illicit discharge, and remediation of soil and/or groundwater. The property owner
and/or other person responsible for the release of an illicit discharge shall be
responsible for any costs incurred by the Public Works Department or its
authorized agents in the conduct of such remedial actions and shall be responsible
for City expenses incurred due to the illicit connection or illicit discharge, including
but not limited to removal and/or remedial actions in accordance with RMC 1-3-
3.
c. Compliance with this subsection shall be achieved through the
implementation and maintenance of best management practices (BMPs)
described in the Stormwater Pollution Prevention Manual.The Administrator shall
initially rely on education and informational assistance to gain compliance with
this subsection, unless the Administrator determines a violation poses a hazard to
public health, safety, or welfare, endangers any property and/or other property
owned or maintained by the City, and therefore should be addressed through
immediate penalties. The Administrator may demand immediate cessation of
9
ORDINANCE NO. 5873
illicit discharges and assess penalties for violations that are an imminent or
substantial danger to the health or welfare of persons or danger to the
environment.
4. Elimination of Illicit Connection and/or Illicit Discharge:
a. Notice of Violation:Whenever the Administrator finds that a person
has violated a prohibition or failed to meet a requirement of this Section, he or
she may order compliance by written notice of violation to the property owner
and/or responsible person, by first class and certified mail with return receipt
requested. Such notice may require without limitation:
i. The performance of monitoring, analyses, and reporting by the
violator;
ii. The elimination of illicit connections or discharges;
iii. That violating discharges, practices, or operations shall
immediately cease and desist;
iv. The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property; and
v. The implementation of source control or treatment BMPs. 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 nonstructural BMPs to prevent the further discharge of
pollutants to the municipal separate storm sewer system and/or waters of the
10
ORDINANCE NO. 5873
State.These BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
b. Requirement to Eliminate Illicit Connection:The Administrator shall
send a written notice, sent by first class and certified mail with return receipt
requested, to the property owner and/or the person responsible for the illicit
connection, informing the property owner or person responsible for an illicit
connection to the MS4 that the connection must be terminated by a specified
date.
c. Requirement to Eliminate Illicit Discharges:The Administrator shall
send a written notice, sent by first class and certified mail with return receipt
requested to the property owner and/or the person responsible for the illicit
discharge, informing the property owner or person responsible for an illicit
discharge to the MS4, whether it be surface water and/or groundwater, that the
discharge must be terminated by a specified date.
d. Sample and Analysis:When the Administrator has reason to believe
that an illicit connection is resulting in an itlicit discharge, the Administrator may
sample and analyze the discharge and recover the cost of such sampling and
analysis from the property owner or person responsible for such illicit connection
or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and
require the person permitting or maintaining the illicit connection and/or
discharge to conduct ongoing monitoring at that person's expense.
11
ORDINANCE NO. 5873
e. Right of Appeal from Administrative Decision: Any person
aggrieved by an administrative decision of the Administrator may appeal such
decision pursuant to RMC 4-8-110.
f. Any illicit connection and/or illicit discharge as set forth in this
Section or the Stormwater Pollution Prevention Manual is hereby declared to be
a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3-3.B.19.
5. Reporting Requirements:
a. In the event of an illicit discharge or spill of hazardous material into
the stormwater drainage system or waters of the City, State of Washington or
United States, said person with knowledge thereof shall immediately notify the
emergency dispatch services (911).
b. In the event of an illicit discharge of nonhazardous material into the
stormwater drainage system or waters of the City, State of Washington or United
States, said person with knowledge thereof shall immediately notify the Public
Works Department by phone at 425-430-7400, or in person.
6. Record Retention Required:All persons subject to the provisions of this
Section shall retain and preserve for no less than five (5) years any records, books,
documents, memoranda, reports, correspondence, and any and all summaries
relating to operation, maintenance, monitoring, sampling, remedial actions and
chemical analysis made by or on behalf of a person in connection with any illicit
connection or illicit discharge. All records which pertain to matters which are the
subject of administrative or any other enforcement or litigation activities brought
12
ORDINANCE N0. 5873
by the City pursuant to this Code shall be retained and preserved by the person
until all enforcement activities have concluded and all periods of limitation with
respect to any and all appeals have expired.
SECTION II. The definitions for ILLICIT CONNECTION, ILLICIT DISCHARGE, MUNICIPAL
SEPARATE STORM SEWER SYSTEM, and STORMWATER in section 4-6-100 of the Renton
Municipal Code are amended as shown below. All other definitions remain in effect and
unchanged.
ILLICIT CONNECTION: Any infrastructure ��^��connection to the municipal
stormwater sewer system that is not intended, permitted or used for collectin�
and conveyin�.�
�����^^�,.,,+^�,^�' stormwater or non-stormwater dischar�es allowed as specified
in Section 4-6-030 -'��^�+�„ ;^+^ �„�" ���;';+;^� Examples include sanitarv sewer
connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are
connected directly to the MS4.
ILLICIT DISCHARGE: Any dischar�e to the MS4
^� � ^*��;^�^*� ^ ^.�*"�^^ that is not �"� composed entirely of �„��
•.,�stormwater�_c.ro�+i., „ �,�„-,,,.+�„ c.,+„+�„ ...., .,� �+,,.-....,..,.,+,,. .-
s���e�r�=:�T��#c�-� h^ � ,�{^�^ . ,^+^� ,^�'�^� ^ ^�'...,+^� or of non-stormwater
dischar�es allowed as specified in Section 4-6-030.
MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
13
ORDINANCE NO. 5873
a. Owned or operated by the City of Renton;
b. Designed or used for collecting or conveying stormwater;
c. Which is not part of a publicly owned treatment works (POTW) as defined
at 40 CFR 122.2;a�
d. Which is not a combined sewer.-; and
e. Which is defined as "lar�e" or"medium" or "small" or otherwise desi�nated
bv Ecolo�y pursuant to 40 CFR 122.26.
STORMWATER: Runoff durin� and followin� precipitation and snowmelt events,
includin�surface runoff, draina�e or interflow.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this 8th day of lanuary, 2018.
�
Jaso A. Seth ity Clerk
14
ORDINANCE N0. 5873
APPROVED BY THE MAYOR this 8th day of January, 2018.
D nis Law, Mayor
Approved as to form:
.�G����'e `,�...����uui�r►►�,►
.�`` RENT '��
�"'� `,���OF,,,,,,,���,,,,��4y'�.,,�
�c, �., -.
Shane Moloney, City Attorney `V`= AL '' * "
?
: � S��" � �:
Date of Publication: 1/12/2018 (Summary) ; %,, ,,.� � ;
., � ,,�� ��. �p.�:
��i tiC �'�nin��a��`� '�' ``�
ORD:1998:11/21/17:scr ���������pORATE08��.�`��
15