007-18 - Ordinance - Amending Section 15.30.070 Dishcarge ProhibitionsORDINANCE NO. 007-18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 15.30.070 -
DISCHARGE PROHIBITIONS AND PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard desires to reduce the public health and
economic impacts of illicit discharges to the City's stormwater system and receiving
waters, which includes creeks, streams, and Sinclair Inlet; and
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WHEREAS, the City of Port Orchard desires to reduce the impact of pollutants on
the wildlife and aquatic life associated with the receiving waters; and
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WHEREAS, the City of Port Orchard is subject to the requirements of the
Western Washington Phase II Municipal National Pollutant Discharge Elimination
System (NPDES) Stormwater Permit issued by the Washington State Department of
Ecology which requires the City to adopt regulations to prohibit certain discharges into
the City's stormwater system and encourages additional provisions to protect all surface
and groundwater within the City; and
WHEREAS, The Port Orchard Municipal Code Title 15 Chapter 15.30 Section
15.30.070 need to be updated to include specific language from the City's 2013-2018
NPDES Permit that is currently not present in the City's municipal code; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code, Section 15.30.070, is hereby amended to
read as follows:
15.30.070 - Discharge Prohibitions.
A. Prohibition of Illicit Discharges. It is unlawful for any person to throw, drain, or
otherwise discharge, or cause or allow others under its control to throw, drain or
otherwise discharge any materials other than stormwater into the municipal storm
drain system and/or surface and ground waters of the City. Prohibited materials
include, but are not limited to, pollutants or waters containing any pollutants, that
cause or contribute to a violation of applicable water quality standards. The
commencement, conduct, or continuance of any illicit discharge to the storm drain
system is prohibited.
Examples of pollutants include, but are not limited to, the following: trash or debris;
solid waste; construction materials; petroleum products including, but not limited to oil,
Ordinance No. 007-18
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gasoline, grease, fuel oil, heating oil; antifreeze and other automotive products; fixed
and mobile vehicle washes; metals in either particulate or dissolved form in excess of
naturally occurring amounts; flammable or explosive materials; radioactive materials;
batteries; acids, alkalis, or bases; paints, stains, resins, lacquers, or varnishes; degreasers
or solvents; drain cleaners; commercial and household cleaning materials; carpet
cleaning wastes; pesticides, herbicides, or fertilizers; steam cleaning wastes; laundry
waste; soaps, detergents, or ammonia; swimming pool or spa filter backwash
(diatomaceous earth); swimming pool cleaning wastewater; chlorine, bromine, and
other disinfectants; heated water; chlorinated swimming pool or hot tub water; human
and animal wastes; domestic or sanitary sewage; recreational vehicle waste; animal
carcasses; food and food wastes; yard waste; bark and other fibrous materials (does not
include large woody debris in approved restoration projects); collected lawn clippings,
leaves, or branches; wastes associated with building construction; concrete and
concrete by-products; silt, sediment, including dirt, sand, and gravel; dyes and ink
(except as stated in Port Orchard Municipal Code 15.30.070(B)(5)); chemicals not
normally found in uncontaminated water; any other process-associated discharge
except as otherwise allowed in this section; and any hazardous material or waste not
listed above.
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B. Conditional Discharges. The following types of discharges shall not be considered
illicit 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. Discharges from potable water sources, including water line flushing, hyper-
chlorinated (>10mg/liter chlorine) water line flushing, fire hydrant system flushing,
and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a
total residual chlorine concentration of 0.1 ppm or less, pH-adjusted if necessary,
and volumetrically and velocity controlled to prevent re-suspension of sediments in
the stormwater system;
2. Discharges from lawn watering and other irrigation runoff; however, these shall
be minimized through water conservation efforts;
3. De-chlorinated spa or swimming pool discharges. The discharges shall be de-
chlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted
and re-oxygenized if necessary, and volumetrically and velocity controlled to prevent
re-suspension of sediments in the stormwater system. Discharges shall be thermally
controlled to prevent an increase in temperature of the receiving water. Swimming
pool cleaning wastewater and filter backwash shall not be discharged to the storm
drainage system;
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4. 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;
5. Dye testing with verbal notification to the City a minimum of 24 hours prior to the
time of the test.
6. Non-stormwater discharges covered by another 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 storm drain system;
7. Discharges resulting from maintenance, repair, or operation of firefighting
equipment and facilities that are not directly associated with public firefighting,
including discharges from public firefighting training exercises, unless City-approved
best management practices are implemented.
8. Other non-stormwater discharges shall be in compliance with the requirements of
a stormwater pollution prevention plan reviewed and approved by the City, which
addresses control of such discharges by applying AKART to prevent contaminants
from entering surface or ground water.
C. Allowable Discharges. The following types of discharges shall not be considered illicit
discharges for the purposes of this Chapter if they do not contain pollutants 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. Diverted stream flows, rising ground waters, uncontaminated ground water
infiltration (as defined in Title 40 of the Code of Federal Regulations: 40 CFR
35.2005(20)), uncontaminated pumped ground water, foundation drains, air
conditioning condensation, irrigation water from agricultural sources that is
commingled with urban stormwater, springs, water from crawl space pumps, footing
drains, flows from riparian habitats and wetlands, and discharges from emergency
firefighting activities in accordance with "S2. Authorized Discharges," of the City's
NPDES permit.
2. Discharges specified in writing by the City as being necessary to protect public
health and safety.
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3. If a person can demonstrate that there are no additional pollutants being
discharged from the premises above the background conditions of the water
entering the site, that person shall not be in violation of subsection A of this section.
D. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited. 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.
2. Any connection identified by the Director that could convey anything not
composed entirely of surface and stormwater directly into municipal drainage
facilities is considered an illicit connection and is prohibited with the following
exceptions: connections conveying allowable discharges or connections conveying
discharges pursuant to an NPDES permit or a State Waste Discharge Permit.
3. Illicit connections must be disconnected and redirected, if warranted, to an
approved onsite wastewater management system or the sanitary sewer system
upon approval of the City.
4. Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which is 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.!
E. Prohibition of Stormwater Discharge to Sanitary Sewer. Stormwater shall not be
discharged into the sanitary sewer without written permission to do so from the City
of Port Orchard.
F. Prohibition of 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
abandoned objects, articles, or accumulations that may cause or contribute to
pollution. Wastes deposited in proper non-leaking waste receptacles for the
purposes of collection are exempt from this prohibition.
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SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 3. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 27™ day of February 2018.
Robert Putaansuu, Mayor
ATTEST: SPONSOR:
Brandy Rinearson, MMC, City Clerk Bek Ashby, Councilmember
APPROVED AS TO FORM:
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Cf-
n Cates, City Attorney
March 9, 2018
March 14, 2018
PUBLISHED:
EFFECTIVE DATE:
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held February 27, 2018.
ORDINANCE NO. 007‐18
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 15.30.070 ‐
DISCHARGE PROHIBITIONS AND PROVIDING FOR SEVERABILITY AND
PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 007‐18 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 007‐18 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 9, 2018