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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