HomeMy WebLinkAbout002-26 - Ordinance - Illicit DischargeDocusign Envelope ID: 6A3A127B-381 E-4697-B310-5042D6320DD8
ORDINANCE NO. 002-26
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO REGULATION AND PREVENTION OF ILLICIT DISCHARGE;
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 15.30.020,
15.30.070, AND 15.30.100; PROVIDING FOR SEVERABILITY AND
PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard operates stormwater utility and has adopted
regulations for the operation and use of these facilities, codified at Title 13 of the Port Orchard
Municipal Code (POMC); and
WHEREAS, in 2022, the City Council adopted Ordinance No. 043-22, codified at Chapter
15.30 of the Port Orchard Municipal Code, to provide for the health, safety, and general welfare,
and to protect and enhance the water quality of watercourses and water bodies through the
regulation of non-stormwater discharges, dumping and illicit connections to the storm drain
system to the maximum extent practicable; and
WHEREAS, since adoption, evolving operational conditions a warrant targeted
amendments to Chapter 15.30 to clarify definitions and regulatory standards; and
WHEREAS, this Ordinance and the amendments set forth herein are enacted as an
exercise of the police power authority of the City of Port Orchard to protect and preserve the
public health and welfare; and
WHEREAS, the City Council, after careful consideration of the proposed amendments and
all public comments, finds that the proposed amendments are consistent with the City's
Comprehensive Plan and development regulations, the Growth Management Act, Chapter
36.70A RCW, and that adoption of the code language herein is in the best interests of the
residents of the City; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Amendment. Port Orchard Municipal Code Section 15.30.020,
Definitions, is hereby amended in part to read as follows:
15.30.020 Definitions.
Definitions provided below and those set out in POMC 20.150.020 apply to this chapter,
provided if there is a conflict between this chapter and POMC 20.150.020 as to a defined term,
the definition set out in this chapter applies to the application of this chapter.
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(9) "Illicit discharge" means any direct or indirect nonstormwater discharge to a storm
drainage system or to surface or groundwater that is not composed entirely of stormwater,
except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges
from the municipal separate storm sewer), discharges resulting from firefighting activities, and
those discharges expressly allowed conditionally by this chapter.
(15) "PCBs" refers to the group of 209 human -made polychlorinated biphenyl compounds
which have been designated by the Washington State Department of Ecology to be a dangerous
waste and/or of concern in stormwater.
(16) "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, ordnances, 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.
(17) "Pollution" means such contamination, or other alteration of the physical, chemical,
or biological properties, of any waters of the city, state, or United States, 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 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 legitimate
beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.
(18) "Port Orchard stormwater manuals" or the "stormwater manuals" means as defined
at POMC 20.150.060(3).
(19) "Premises" means any building, lot, parcel of land, or portion of land whether
improved or unimproved.
(20) "Sanitary sewer" means a conveyance system which transports sewage and to which
storm, surface and groundwaters are not intentionally admitted.
(21) "Sewage" means a combination of the water -carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such groundwater,
surface water and stormwater as may be inadvertently present. The admixture of sewage with
industrial wastes as defined above or other wastes also shall be considered "sewage" within the
meaning of this definition.
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(22) "Stop work order" means an immediate order posted at a site halting all operations
except those required to correct improper activities.
(23) "Storm drainage system" or "storm drain system" means 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.
(24) "Storm water" or "stormwater" means any surface flow, runoff, and drainage
consisting entirely of uncontaminated water from any form of natural precipitation, including
snowmelt, during and following precipitation, and resulting from such precipitation that meets
the nonpollutant requirements.
(25) "Stormwater pollution prevention plan" or "SWPPP" 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.
(26) "Source control BMPs" means a structure or operation that is intended to prevent
pollutants from encountering stormwater through physical separation of areas or careful
management of activities that are sources of pollutants. Structural source control BMPs are
physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants
from entering stormwater. Operational source control BMPs are nonstructural practices that
prevent or reduce pollutants from entering stormwater.
(27) "Wastewater" means any water or other liquid, other than uncontaminated
stormwater, discharged from a facility.
(28) "Watercourse" means a depression formed by runoff moving over the surface of the
earth; any natural or artificial channel through which water flows; a lake, river, creek, stream,
wash, arroyo, channel or other topographic feature on or over which waters flow at least
periodically.
(29) "Waters of the state" means lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters and all other surface waters and watercourses within the
jurisdiction of the state of Washington as defined in Chapter 90.48 RCW.
SECTION 2. Amendment. Port Orchard Municipal Code Section 15.30.070, Discharge
prohibitions, is hereby amended in part to read as follows:
15.30.070 Discharge prohibitions.
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(1) 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 storm drain system and/or surface and groundwaters
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 prohibited discharges include, but are not limited to, the following: trash or debris;
solid waste; construction materials; petroleum products including, but not limited to, oil,
gasoline, grease, fuel oil, or 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 subsection (2)(e) of this section); 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.
(2) 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:
(a) Discharges from potable water sources, including waterline flushing, hyper -
chlorinated (> 10 mg/liter chlorine) waterline 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 -adjusted if necessary, and
volumetrically and velocity controlled to prevent resuspension of sediments in the
stormwater system;
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(b) Discharges from lawn watering and other irrigation runoff; however, these shall be
minimized through water conservation efforts;
(c) Dechlorinated spa or swimming pool discharges. The discharges shall be dechlorinated
to a total residual chlorine concentration of 0.1 ppm or less, pH -adjusted and
reoxygenized if necessary, and volumetrically and velocity controlled to prevent
resuspension 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;
(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 a minimum of 24 hours prior to the time
of the test;
(f) Routine external building washdown that does not use detergents for buildings built
or renovated before 1950 and after 1980. Commercial, industrial, and multi -story
residential structures constructed or renovated between the years 1950 and 1980 (i.e.
those most likely to have PCB -containing building materials), shall be assessed for PCB -
containing materials consistent with "How to find and address PCBs in building materials"
(Ecology, 2024, Publication No. 22-04-024, as may be amended) prior to routine building
washdown to the MS4. Structures confirmed or suspected to have PCB -containing
materials shall not discharge washdown to the MS4. Single-family residential buildings
are exempt from PCB assessment prior to building washdown, for the purposes of this
section. Structures built or renovated between 1950-1980 and determined to be without
PCB -containing materials may conduct routine building washdown (without detergents)
as described above.
(g) Nonstormwater 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;
(h) Discharges resulting from maintenance, repair, or operation of firefighting equipment
and facilities that are not directly associated with public firefighting, including discharges
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from public firefighting training exercises, unless city -approved best management
practices are implemented;
(i) Other nonstormwater 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 groundwater.
(3) 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:
(a) Diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration
(as defined in 40 CFR 35.2005(20)), uncontaminated pumped groundwater, 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, non-stormwater discharges authorized
by another NPDES or State Waste Discharge Permit, and discharges from emergency
firefighting activities in accordance with "S2. Authorized Discharges" of the city's NPDES
permit.
(b) Discharges specified in writing by the city as being necessary to protect public health
and safety.
(c) 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 (1) of this section.
(4) Prohibition of Illicit Connections.
(a) 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.
(b) Any connection identified by the director that could convey anything not composed
entirely of surface and stormwater directly into 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.
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(c) Illicit connections must be disconnected and redirected, if warranted, to an approved
on -site wastewater management system or the sanitary sewer system upon approval of
the city. Illicit connections shall be eliminated within six (6) months of confirming the illicit
connection.
(d) 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 a 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.
(5) 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.
(6) 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 nonleaking
waste receptacles for the purposes of collection are exempt from this prohibition.
SECTION 3. Amendment. Port Orchard Municipal Code Section 15.30.100,
Requirement to prevent, control, and reduce stormwater pollutants by the use of source control
best management practices (BMPs), is hereby amended in part to read as follows:
15.30.100 Requirement to prevent, control, and reduce stormwater pollutants by the use of
source control best management practices (BMPs).
(1) General. Any person causing or allowing discharge to a storm water drainage system,
surface waters or groundwater shall limit pollutants in the discharge by implementing source
control best management practices (BMPs).
(2) The owner or operator of an institutional, commercial or industrial facility shall provide, at
its own expense, reasonable protection from accidental discharge of prohibited materials or
other wastes into the storm drain system, watercourses, surface water, or groundwater
through the use of structural and nonstructural source control BMPs set out in the stormwater
manuals for the activity, operation or facility, provided those facilities or activities not identified
in the stormwater manuals shall utilize structural and nonstructural source control BMPs which
have been approved by the city for the activity, operation, or facility which may cause or
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contribute to pollution or contamination of stormwater, the storm drain system, or waters of
the state.
SECTION 4. Amendment. Port Orchard Municipal Code Section 15.30.140,
Enforcement and penalties, is hereby amended in part to read as follows:
15.30.140 Enforcement and penalties.
(7) Violations Deemed a Public Nuisance. Any condition caused or permitted to exist in
violation of any of the provisions of this chapter is a threat to public health, safety, and welfare,
and is declared and deemed a nuisance, may be summarily abated or restored at the violator's
expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken, or otherwise remediated pursuant to POMC 2.64, nuisances.
SECTION 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECTION 6. Corrections. Upon approval of the city attorney, the city clerk and the
codifiers of this ordinance are authorized to make necessary technical corrections to this
ordinance, including, without limitation, the correction of clerical errors; references to other
local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 7. Effective Date. This Ordinance shall take effect and be in full force five days
after adoption and publication of this ordinance, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 10th day of February 2026.
�.Signed by:
Doti �u�zuun,su.u.
Robert Putaansuu, Mayor
gig ULby:
I r1 UJoLLw
Brandy Wallace, MMC, City Clerk
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QD AS TO FORM:
-20370 125520457
Charlotte A. Archer, City Attorney
PUBLISHED: February 13, 2026
EFFECTIVE DATE: February 18, 2026