HomeMy WebLinkAbout3916ORDINANCE NO. 3? I {p
AN ORDINANCE of the City Council of the
City of Kent, Washington, creating an illicit
discharge detection and elimination program
related to the City's stormwater system, and
amending the Kent City Code (KCC) to implement
the program, including: amending KCC 7 .05.140,
entitled "Permits"; repealing KCC 7.05.150,
entitled, "Unlawful discharges monitored-Director's
emergency authority"; amending title 7 to add a
new chapter 7.14, entitled "Ill1c1t Discharges"; and
amending KCC 15.08.050, entitled "Performance
Standards."
RECITALS
A. The Federal Clean Water Act of 1972 required the
establishment of the National Pollutant Discharge El1minat1on System
(NPDES) to regulate discharges to waters under the JUrisd1ct1on of the
United States. The United States Environmental Protection Agency
administers the NPDES program, but has delegated administrative
authority to the Washington State Department of Ecology. The
Washington State Department of Ecology issued the NPDES-Western
Washington Phase II Municipal Stormwater Permit (Phase II Permit) on
January 17, 2007.
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B. The City of Kent was required to apply for coverage under the
Phase II Permit, and was granted coverage effective from February 16,
2007, to February 15, 2012. The Phase II permit requires the City to
develop an Ill1c1t Discharge Detection and El1minat1on (IDDE) program,
which includes "an ordinance or other regulatory mechanism to effectively
prohibit non-stormwater, illegal discharges, and dumping into the
municipal separate storm sewer system to the maximum extent allowable
under state and federal law".
C. The State Environmental Policy Act (SEPA) responsible official
has determined that the proposed Kent City Code amendments are
procedural in nature, and further SEPA analysis is not required for these
local code amendments. A draft version of this ordinance was submitted
to the Washington State Department of Community, Trade, and Economic
Development for expedited review on March 9, 2009. The ordinance was
considered by the City Land Use and Planning Board after a duly noticed
public hearing on April 27, 2009.
D. Section 7.05.150 of the Kent City Code currently prohibits the
introduction of pollution into the City's stormwater system, but the code
does not meet all of the requirements of the Phase II Permit. This code
amendment, proh1b1ting 1ll1cit discharges mto the City's municipal separate
storm sewer system and giving the City authority to abate violations, will
meet the requirements of the Phase II Permit. These amendments will
also help preserve water quality and protect fish and wildlife in surface
waters w1thm and downstream of the City l1m1ts.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
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ORDINANCE
SECTION 1. -Amendment. Section 7.05.140 of the Kent City
Code, entitled "Permits," is amended as follows:
Sec. 7.05.140. Permits. Permits are hereby required for any
person to construct, install, place, or attempt to construct, install, or place
any storm or surface drainage structure or facility w1th1n the city. Every
person desiring to construct or install any storm or surface water facility,
whether on private or public property, shall make application for same to
the public works department prior to commencing work on such project.
Such applications shall be made on forms provided by the department
prior to commencing work on such project, and shall include all
information as may be required by the department. The application shall
be approved by the public works director or des1gnee, prior to
construction; provided, that such construction or installation is in
compliance with all city ordinances, regulations, and other controls or
standards. Each application submitted to the public works department
shall be accompanied by payment for a construction permit fee in an
amount established by the city council. In addition to the other penalties
that may be provided by law, failure to obtain such a permit will result in
the fee being doubled. Such fees shall defray part of the cost of
inspections and plan reviews required by the city prior to and during the
construction of storm and surface water drainage facilities. All such fees
shall be placed in a separate revenue account for the storm and surface
water utility. This section shall not be construed to duplicate any other
existing city requirements.
2. To discharge or in an•r ·1,,·ay release er contribute to 13ollution
in any storm or surface water run off iNh1ch enters into the storm and
surface vvater fac1llt1es w1thm the city. The determination of whether a
parcel is contributing pollutants to storm or surface water run off will be
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made by the public 'Nerks departffient, using American Public Health
Association 1980 Standard Methods fer the Exam1natien of Water and
Waste 'Nater, Fifteenth Edition, as amended, to identify one (1) or more ef
the pollutants listed by the Envtronmental Protection Agenc·r 1n l."Jater
Quality Documents published in the Federal Register, Volume 5, #231
dated 11/28/80, or in 'Nater Quality Standards for '."taters of the State
(Chapter 173 201 V>v'AC) or in Dangerous 1A'astes Regulations (Chapter
173 303 i,NAC). Copies of all such documents arc filed 't\'1th the city clerk
and cep1es are maintained at the public 'lv'Orks department. If the owner of
a parcel of real property within the city, er any other person occupying or
using such parcel, 1s determined to be contributing pollutants to storm or
surface water run off, the owner shall be required to obtain a 19ollut1on
discharge 19erffiit. Ap19l 1cations for such permits must be made by the
, owner to the public works department on forms provided by the
department and must be accompanied 't'•'ith payment of the pollution
discharge permit fee. The pollution discharge permit fee shall be
established by the city council. Such fees shall cover part of the cost of the
storffi and surface water utility's water quality monitoring and
enforcement program. All such fees shall be placed in a separate revenue
account for the storm and surface 't\'ater utility.
SECTION 2. -Repealer. Section 7.05.150 of the Kent City Code,
entitled "Unlawful discharges monitored -Director's emergency authority,"
is hereby repealed m its entirety.
SECTION 3. -Amendment. Title 7 of the Kent City Code, is
amended to add the new chapter 7.14 entitled, "Illicit Discharges," as
follows:
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Adopt Ch. 7.14 KCC
CHAPTER 7 .14
ILLICIT DISCHARGES
Sec. 7.14.010. Purpose. The purpose of this chapter is to
prevent non-stormwater from entering the City of Kent Municipal Separate
Storm Sewer System ("MS4") to the maximum extent practicable as
required by federal and state law. This chapter establishes methods for
controlling the introduction of pollutants into the MS4 in order to comply
with requirements of the National Pollutant Discharge Elimination System
(NPDES) permit process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the MS4;
B. To prohibit illicit connections and discharges to the MS4;
C. To establish legal authority to carry out all inspection, surveillance,
and monitoring procedures necessary to ensure compliance with this
chapter; and
D. To mitigate impacts to water quality as a result of increased runoff
due to urbanization, correct or m1t1gate existing water quality problems
related to stormwater, and to help restore and maintain the chemical,
physical, and b1olog1cal integrity of the City's waters for the protection of
beneficial uses, including salmonid habitat and aquifer recharge.
Sec. 7.14.020. Definitions. As used in this chapter, the following
words, terms, and phrases shall have the meanings ascribed to them in
this section, unless a different meaning 1s plainly required.
A. Best Management Practices (BMPs) means schedules of activities,
prohibitions of practices, general good housekeeping practices, pollution
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prevention and educational practices, maintenance procedures, and other
management practices to prevent or reduce the discharge of pollutants
directly or indirectly to stormwater, receiving waters, or the MS4. BMPs
also include treatment practices, operating procedures, and practices to
control site runoff, spillage or leaks, sludge or water disposal, or drainage
from raw materials storage.
B. Clean Water Act (CWA) means the federal Water Pollution Control
Act (33 U.S.C. § 1251, et seq.), and any subsequent amendments thereto.
C. Construction activity means land disturbing operations including
clearing, grading or excavation which disturbs the surface of the land.
Such act1v1t1es may include road construction, construction of res1dent1al
houses, office buildings, or industrial buildings, and demolition activity.
D. Director means the City of Kent Public Works Director.
E. Groundwater means water in a saturated zone or stratum beneath
the surface of the land or below a surface water body.
F. Hazardous material means any material; including any substance,
waste, or combination thereof; which because of its quantity,
concentration, or physical, chemical, or infectious characteristics; may
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.
G. Hyper-Chlorinated means water that contains more than ten (10)
mg/Liter chlorine. Disinfection of water mains and appurtenances requires
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a chlorine residual of ten (10) mg/Liter at the end of the dis1nfect1on
period.
H. Illicit discharge means any direct or indirect non-stormwater
discharge to the MS4, except as expressly exempted by this chapter.
I. Illicit connections means any conveyance that is connected to the
MS4 without a permit, excluding roof drains and foundation drams.
Examples include sanitary sewer connections, floor drains, channels,
pipelines, conduits, inlets, or outlets that are connected directly to the
MS4. Illicit connections allow an illicit discharge to enter the MS4 and
include, but are not limited to, any conveyances which allow any non-
stormwater discharge including sewage, process wastewater, and wash
water to enter the MS4; any connections to the MS4 from indoor drams
and sinks, regardless of whether such dram or connection was previously
allowed, permitted, or approved by an authorized enforcement agency; or
any drain or conveyance connected from a commercial or industrial land
use to the storm drain system which has not been documented in plans,
: maps, or equivalent records and approved by the city or another agency of
I
government duly authorized to give such approvals.
J. Industrial activity means act1v1t1es subject to NPDES Industrial
Permits as defined in 40 CFR, § 122.26(b)(14).
K. Municipal Separate Storm Sewer System (MS4) means a
conveyance, or system of conveyances; including roads with drainage
systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains:
1. Owned or operated by a state, city, town, county, district,
port, or other public body created by or pursuant to state law having
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jurisdiction over disposal of wastes, stormwater, or other wastes, including
special districts under state law such as a sewer district, flood control
district or drainage district, or similar entity, or an Indian tribe or an
authorized Indian tribal organization, or a designated and approved
management agency under Section 208 of the CWA that discharges to
Waters of the State;
2. Designed or used for collecting or conveying stormwater;
3. Which 1s not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works
("POTW") as defined at 40 CFR §122.2.
L. National Pollutant Discharge Elimination System (NPDES)
, Stormwater Discharge Permit means a permit issued by the Environmental
Protection Agency (EPA), or by the Washington Department of Ecology
under authority delegated pursuant to 33 U.S.C. § 1342(b), that
authorizes the discharge of pollutants to waters of the state, whether the
permit 1s applicable to an individual, group, or general area-wide basis.
M. Non-stormwater discharge means any discharge to the MS4 that is
not composed entirely of stormwater.
N. Owner/operator means any person or entity with an ownership
interest or control over real property on which a violation of this chapter
occurs, any person or entity part1c1pating in any activity regulated by this
chapter, and any person or entity participating in any violation of this
chapter.
0. 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; non-hazardous liquid and solid
wastes and yard wastes; refuse, rubbish, garbage, litter, or other
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discarded or abandoned obJects, and accumulations, so that the same may
cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous materials 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.
P. Premises means any real property or interest in real property and
any improvement upon real property.
Q. RCW means the state Revised Code of Washington. It is the
comp1lat1on of all permanent state laws now in force.
R. Sanitary sewage means domestic wastewater including flushed
toilet water, water from dishwashers, clothes washing machines, and any
other used water that generally is disposed of down interior household
drains.
S. Sanitary sewer system means a conveyance, or system of
conveyances which 1s designed to convey domestic wastewater.
T. Stormwater means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation, and resulting from
such precipitation.
U. Stormwater pollution prevention plan means a document which
describes the BMP's and act1vit1es to be implemented by an
owner/operator or business to identify sources of pollution or
, contamination at a site, and the actions to eliminate or reduce pollutant
discharges to stormwater, the MS4, and/or receiving waters.
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V. Waters of the state means those waters as defined as "Waters of
the United States" in 40 CFR § 122.2 within the geographic boundaries of
the state of Washington and "Waters of the State" as defined in chapter
90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters, and all other surface waters and water
courses within the jurisd1ct1on of the state of Washington.
W. Water quality standards means the Water Pollution Control Act, as
defined herein; Surface Water Quality Standards -Washington
Administrative Code (WAC) § 173-201A; Ground Water Quality Standards
-WAC § 173-200; and Sediment Management Standards -WAC § 173-
204. The water quality standards are established to sustain public health
and public en]oyment of the waters and the propagation and protection of
fish, shellfish, and w1ldl1fe.
X. Wastewater means any water or other liquid, other than
uncontaminated stormwater, discharged from any premises.
Sec. 7.14.030. Applicability. This chapter shall apply to all
owners/operators as defined herein.
Sec. 7 .14.040. Entry onto premises. With the consent of the
owner/operator of any premises or pursuant to a lawfully issued warrant,
the director may enter any premises at any reasonable time to perform
the duties imposed by this chapter.
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Sec. 7.14.050. Prohibited discharges.
A. No owner/operator shall discharge or cause an illicit discharge of
, any materials, including but not l1m1ted to pollutants or waters containing
any pollutants that cause or contribute to a violation of applicable water
quality standards as herein defined, to enter into the MS4 or
watercourses.
B. Prohibited discharges include but are not limited to the following
list, provided for informational purposes only, of common substances
which are illicit discharges when discharged to the MS4:
1. Solid waste, trash or debris;
2. Human and animal waste;
3. Petroleum products including but not limited to oil, gasoline,
grease, fuel, oil, and heating 011;
4. Antifreeze and other automotive products;
5. Flammable or explosive materials;
6. Rad1oact1ve material;
7. Construction materials;
8. Batteries;
9. Acids, alkalis, or bases;
10. Paints, stains, resins, lacquers, or varnishes;
11. Metals in excess of naturally occurring amounts, whether in
liquid or solid form;
12. Solvents and degreasers;
13. Drain cleaners: commercial and household cleaning
materials;
14. Pesticides, herbicides, or fertilizers;
15 Ink;
16. Steam-cleaning waste;
17. Laundry waste, soap, detergent, and ammonia;
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18. Domestic or sanitary sewage;
19. Animal carcasses;
20. Food and food waste including fats, oils, and grease (FOG);
21. Recreational vehicle waste;
22. Swimming pool or spa filter backwash;
23. Chlorine, bromine, or other disinfectants;
24. Heated water;
25. Yard waste, dirt, sand, and gravel;
26. Bark and other fibrous materials;
27. Collected lawn clippings, leaves, or branches;
28. Silt, sediment, concrete, cement, or gravel;
29. Dyes, except as permitted by KCC 7.14.060;
30. Chemicals not normally found in uncontaminated water;
31. Chlorinated swimming pool or hot tub water except as
permitted by KCC 7.14.070;
32. Discharges from potable water sources which may include but
are not limited to: water line flushing, hyper-chlorinated water line
flushing, fire hydrant flushing, and pipeline hydrostatic test water, except
as permitted by KCC 7.14.070;
33. Any other process-associated discharge except as otherwise
allowed in this chapter; or
34. Any hazardous material or waste not listed above.
Sec. 7.14.060. Allowable discharges. The following types of
discharges shall not be considered 1llic1t discharges for the purposes of this
chapter 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;
B. Rising groundwaters;
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C. Uncontaminated groundwater infiltration as defined in 40 CFR
35.2005(20);
D. Uncontaminated pumped groundwater water;
E. Foundation drains discharging clean stormwater only;
F. Air conditioning condensation;
G. Irrigation water from agricultural sources that is commingled with
urban stormwater;
H. Springs;
I. Water from crawl space pumps discharging clean stormwater only;
J. Footing drains discharging clean stormwater only;
K. Flows from riparian habitats and wetlands;
L. Non-stormwater discharges covered by another NPDES permit;
M. Discharges from emergency fire fighting act1v1t1es; or
N. Dye testing using environmental friendly products for the purpose of
testing or tracing source pollution is allowable but requires verbal
not1f1cation to the City prior to the time of testing.
Sec. 7.14.070. Conditional discharges. The following types of
discharges shall not be considered 1llic1t discharges for the purposes of this
chapter 1f they meet the stated conditions, unless the director determines
that the type of discharge, whether singly or in combination with others, is
causing or 1s likely to cause pollution of surface water or groundwater:
A. Potable water, including water from water line flushing, hyper-
chlorinated 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 in
volumes and velocities controlled to prevent re-suspension of sediments in
the MS4;
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B. Lawn watering and other irrigation runoff are permitted but shall be
minimized;
C. De-chlorinated swimming pool discharges. These discharges shall
be de-chlorinated to a concentration of 0.1 ppm or less, pH-adJusted, if
necessary, and in volumes and velocities controlled to prevent re-
suspension of sediments in the MS4;
D. Street and sidewalk wash water, water used to control dust, and
routine external building wash down that does not use detergents are
permitted if the amount of street wash and dust control water used is
minimized; or
E. Other non-stormwater discharges. The discharges shall be in
compliance with the requirements of a stormwater pollution prevention
plan reviewed by the City which addresses such discharges.
Sec. 7 .14.080. Illicit connections prohibited. No
owner/operator shall connect a conveyance system which was not
constructed or intended to convey precipitation runoff, or which has been
converted from such usage to another use, to the MS4 or groundwater
infiltration system. The construction, use, maintenance or continued
existence of 1ll1cit connections to the storm drain system 1s proh1b1ted.
This proh1b1t1on expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was perm1ss1ble
under law or practices applicable or prevailing at the time of connection.
An owner/operator is considered to be in violation of this chapter if the
owner/operator connects a line conveying sanitary sewage to the MS4 or
allows such a connection to continue.
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Sec. 7.14.090. Suspension of discharge access to MS4. As
permitted by applicable law, the City may suspend MS4 access to an
owner/operator when such suspension is necessary to stop an actual or
threatened discharge which is or would be prohibited under this chapter.
Sec. 7 .14.100. Inspections.
A. The director may establish inspection programs to ensure
compliance with the requirements of this chapter and to accomplish its
purposes. Inspection programs may be established on any reasonable
basis including, but not limited to, routine inspections, random
inspections, inspections based upon complaints or other notice of possible
violations, inspection of drainage basins or areas 1dent1fied as higher than
typical sources of sediment or other contaminants or pollutants,
inspections of businesses or industries of a type associated with higher
than usual discharges of contaminants or pollutants or with discharges of
a type which are more likely than the typical discharge to cause violations
of state or federal water or sediment quality standards or the City's NPDES
stormwater permit, and Joint inspections with other agencies inspecting
under environmental or safety laws.
B. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, and
material or water in the MS4; and evaluating the condition of the MS4 and
other BMP's.
Sec. 7.14.110. Re-inspections. It shall be the duty of the
owner/operator to notify the director that violations have been corrected,
and to request a re-inspection. The director may require that such
request for re-inspection be filed one (1) working day before such
inspection. It shall be the duty of the owner/operator to provide safe
access to and means for inspection of any corrective work.
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Sec. 7.14.120. Monitoring of discharges. As permitted by
applicable law, the City shall conduct or cause to be conducted monitoring
and/or sampling of the stormwater discharge from any premises, and may
recover the costs of so doing from the owner/operator of the premises.
Sec. 7.14.130. Requirements to prevent, control, and reduce
stormwater pollutants by the use of BMP's. The owner/operators
engaging in industrial activity shall provide, at owner/operator's expense,
reasonable protection from accidental discharge of proh1b1ted materials or
other wastes into the MS4 or watercourses through the use of these
structural and non-structural BMPs. Further, any owner/operator
responsible for premises, which are, or may be, the source of an 1llic1t
discharge, may be required to implement, at owner/operator's expense,
add1t1onal structural and non-structural BMPs to prevent the further
discharge of pollutants to the MS4. Compliance with all terms and
conditions of a valid NPDES permit authorizing the discharge of
stormwater associated with industrial activity, to the extent practicable,
shall be deemed compliance with the provisions of this section. These
BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as
necessary for compliance with requirements of the NPDES permit.
Sec. 7.14.140. Industrial or construction activity discharges.
Any owner/operator subJect to an industrial or construction activity NPDES
stormwater discharge permit shall comply with all provisions of such
permit. Proof of compliance with such permit may be required in a form
acceptable to the City prior to allowing discharge to the MS4 and failure to
, comply with the provisions of such permit will constitute a violation of this
chapter.
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Sec. 7.14.150. Violations and enforcement. Whenever the City
finds that an owner/operator has violated or failed to meet a requirement
in any prov1s1on of this chapter, the City may pursue the code
enforcement procedures set forth in Ch. 1.04 KCC. Any violation of this
chapter that is deemed by the director to be a threat or potential threat to
the public health, safety and welfare may be abated as a nuisance or
pursuant to any other applicable local, state or federal law or regulation.
Regulation under this chapter shall not serve as a shield to any action
under other applicable laws or regulations of the City, State, or United
States.
SECTION 4. -Amendment. Section 15.08.050 of the Kent City
Code, entitled "Performance Standards," is amended as follows:
Sec. 15.08.050. Performance standards.
A. Performance standards defined. Performance standards deal with
the operational aspects of land uses. While performance standards shall
apply to all land uses within the city, they are primarily concerned with the
impact of industrial development upon the environment. Continued
compliance with the performance standards shall be required of all uses,
except as otherwise provided for in this title. No land or building in any
d1stnct shall be used or occupied in any manner so as to create any
dangerous, injurious, noxious, or otherwise obJect1onable condition. The
following elements, 1f created, may become dangerous, mJurious, noxious,
or otherwise objectionable under the circumstances, and are then referred
to as dangerous or obJect1onable elements:
1. Noise, vibration, or glare.
2. Smoke, dust, odor, or other form of air pollution.
3. Heat, cold, or dampness.
4. Hazardous substances and wastes.
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B. Nonconforming uses. Uses established before the effective date of
this title and nonconforming as to performance standards shall be given
three (3) years in which to conform therewith.
c. Locations where determinations are to be made for enforcement of
performance standards. The determination of the existence of any
dangerous and obJect1onable elements shall be made at the location of the
use creating the dangerous or objectionable elements and at any points
where the existence of such elements may be more apparent (referred to
in the section as "at any point"); provided, however, that the
measurement of performance standards for noise, vibration, odors, glare,
or hazardous substances or wastes shall be taken at the following points of
measurement:
1. In all districts: At the property lines or lot lines; or
2. In all districts: At the buffer zone setback line for any
hazardous substance land use facility, which must be at least fifty (50)
feet from any property line.
D. Restrictions on dangerous and objectionable elements.
1. Noise. At the points of measurement spec1f1ed in subsection
(C) of this section, the maximum sound pressure level radiated in each
standard octave band by any use or facility, other than transportation
fac1l1t1es or temporary construction work, shall not exceed the values for
octave bands lying within the several frequency limits given in Table I
after applying the corrections shown in Table II. The sound pressure level
shall be measured with a sound level meter and associated octave band
analyzer conforming to standards prescribed by the American Standards
Association. (American Standard Sound Level Meters for Measurement of
Noise and Other Sounds, Z24.3-1944, American Standard Spec1f1cat1on for
an Octave Band Filter Set for the Analysis of Noise and Other Sounds,
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224.10-1953, or the latest approved revision thereof, American Standards
Assoc1at1on, Inc., New York, N.Y., shall be used.)
TABLE I.
SOUND PRESSURE LEVELS IN DECIBELS
Octave Band
(cycles per
second)
20 -75
75 -150
150 -300
300 -600
600 -1,200
1,200 -2,400
2,400 -
4
,800
4,800 -lOKC
Maximum
Permitted Sound
Pressure Level
(decibels)
75
70
64
59
53
47
40
34
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TABLE II.
CORRECTION IN MAXIMUM PERMITTED SOUND PRESSURE LEVEL
IN DECIBELS TO BE APPLIED TO TABLE I
Correction
in
Type of Operation or Character of Noise Decibels
Noise source operates less than twenty (20) Plus 5*
percent of any one (1) hour period
Noise source operates less than five (5) percent of any one Plus 10*
(1) hour period
Noise source operates less than one (1) percent of any one Plus 15*
( 1) hour period
Noise of impulsive character (hammering, etc.) Minus 5
Noise of periodic character (hum, screech, etc.) Minus 5
*Apply one (1) of these corrections only.
2. Vibration. No vibration shall be permitted which is discernible
without instruments at the points of measurement spec1f1ed in this section.
3. Odors. No em1ss1on shall be permrtted of odorous gases or
other odorous matter in such quantities so as to exceed the odor threshold
at the following points of measurement. The odor threshold shall be
defined as the concentration in the air of a gas or vapor which will just
evoke a response in the human olfactory system.
a. Industrial park dtstnct, M1. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
b. Limited industrial district, M2. Odorous matter released
from any operation or activity shall not exceed the odor threshold beyond
lot lines.
c. General industrial district, M3. Odorous matter
released from any operation or activity shall not exceed the odor threshold
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beyond the district boundary or five hundred (500) feet from the lot line,
whichever distance 1s shortest.
4. Glare. No direct or sky-reflected glare, whether from
floodlights or from high temperature processes such as combustion or
welding or otherwise, so as to be v1s1ble at the points of measurement
spec1f1ed in subsection (C) of this section shall be permitted. This
restriction shall not apply to signs or floodlighting of buildings for
advertising or protection otherwise permitted by the provisions of this
title.
S. Radioactivity or electrical disturbance. The regulations of the
federal occupational safety and health standards shall apply for all
radioactivity and electrical disturbance unless local codes and ordinances
supersede this federal regulation.
6. Fire and explosion hazards. The relevant provisions of
federal, state and local laws and regulations shall apply,
7. Smoke, fly ash, dust, fumes, vapors, gases, and other forms
of air pollution. The standards of the Puget Sound Air Pollution Control
Agency, Regulation I, or those regulations as may be subsequently
amended, shall apply.
8. Liquid or solid wastes. No discharge of any materials of such
nature or temperature as can contaminate any water supply, interfere with
bacterial processes in sewage treatment, or otherwise cause the emission
of dangerous or offensive elements, shall be permitted at any point into
any public sewer, private sewage disposal system, or stream, or into the
ground, except in accord compliance with with standards approved by the
State Department of Ecology or other appropriate state agencies state and
federal regulations and Ch. 7.14 KCC.
9. Hazardous substances or wastes. No release of hazardous
substances or wastes as can contaminate any water supply, interfere with
bacterial processes in sewage treatment, or otherwise cause the emission
of dangerous or offensive elements shall be permitted at any point into
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any public sewer, private sewage disposal system, watercourse or water
body, or the ground, except m accordance with standards approved b·,· the
State Department of Ecolog·f or other appropriate state or federal agency
compliance with state and federal regulations and Ch. 7.14 KCC. The
relevant provisions of federal, state, and local laws and regulations shall
apply, and compliance shall be certified by applicants for permits under
this title. The following site development standards shall apply:
a. Hazardous waste fac1lit1es shall meet the location
standards for siting dangerous waste management facilities adopted
pursuant to Chapter 70.105 RCW;
b. Hazardous substance land use facilities shall be located
at least:
(1) Two hundred (200) feet from unstable soils or
slopes which are delineated on the hazard area development limitations
map or as may be more precisely determined per KCC 15.08.224(6);
(2) Two hundred (200) feet from the ordinary high-
water mark of maJor or minor streams or lakes which are delineated on
the hazard area development limitations map or as may be more precisely
determined per KCC 15.08.224(6), shorelines of statewide s1gmf1cance, or
shorelines of the state;
(3) One-quarter (1/4) mile from public parks, public
recreation areas, or natural preserves, or state or federal wildlife refuges;
provided, that for purposes of this section public recreation areas do not
include public trails;
(4) Fifty (SO) feet from any property line to serve as
an onsite hazardous substance land use fac1l1ty buffer zone;
(5) Five hundred (500) feet and one hundred (100)
feet from a residential zone and a residential unit respectively; and
(6) Five hundred (500) feet from a public gathering
place or agricultural land or zone, in the case of a nonagricultural
hazardous substance land use facility;
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c. Hazardous substance land use facilities shall not be
located in a one hundred (100) year floodplain;
d. Hazardous substance land use facilities which are not
entirely enclosed within a building shall provide a type I solid screen
landscaping of a width of at least ten (10) feet in the hazardous substance
facility buffer zone required by subsection (9)(b)(4) of this section;
e. Aboveground hazardous substance land use facilities
shall be constructed with containment controls which will prevent the
escape of hazardous substances or wastes in the event of an accidental
release from the facility, and shall meet federal, state, and local design
and construction requirements;
f. Underground hazardous substance land use facilities
shall meet federal, state, and local design and construction requirements;
g. Hazardous substance land uses shall comply with
adopted fire codes;
h. Hazardous substance land uses shall provide for review
and approval by the city fire department of a hazardous substance spill
contingency plan for immediate 1mplementat1on in the event of a release
of hazardous substances or wastes at the fac1l1ty;
i. Hazardous substance land uses should use traffic
routes which do not go through res1dent1al zones;
j. Hazardous substance land uses in the 0, NCC, CC, and
DC zones shall be entirely enclosed within a building; and
k. Without limiting the appl1cat1on of the adopted fire
codes to diesel fuel tanks, above and below ground diesel fuel storage
tanks exclusively intended for use on stationary, onsite, oil burning
equipment (such as electrical power generator systems) in all
nonresidential zoning districts shall be exempt from the hazardous
substance regulations of this section, and above and below ground diesel
fuel tanks of up to six thousand (6,000) gallons intended exclusively for
use on stationary, onsite, oil burning equipment (such as electrical power
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generator systems) in residential zones shall be exempt from the
hazardous substance regulations of this section for essential governmental
facilities only. The hazardous substance zoning code regulations, including
the existing five hundred (500) gallon limit for hazardous substances for
residential uses, shall otherwise remain in force and effect. Additionally,
all aboveground diesel fuel tanks over five hundred (500) gallons
exempted by this subsection are required to have a five (5) foot minimum
landscape buffer surrounding the tank to buffer the visual impacts of these
tanks. Moreover, the planning director shall have the d1scret1on to increase
or modify this landscape buffer requirement depending upon the specific
circumstances posed by any particular tank location.
In case of conflict between any of these site development standards and
the development standards of specific zoning d 1stncts or other
requirements of this title, the more restrictive requirement shall apply.
SECTION 5. -Severability. If any one or more section,
subsections, or sentences of this chapter are held to be unconstitutional or
invalid, such dec1s1on shall not affect the val1d1ty of the remaining portion
of this chapter and the same shall remain in full force and effect.
SECTION 6. -Effective Date. This Ordinance shall take effect and
be in force thirty (30) days from and after·
AlTEST:
~.!!. ~L~ t.uv
BRENDAJACOBER, ~LERK
24
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Adopt Ch. 7.J.4 KCC
APPROVED AS TO FORM:
~fM~~
PASSED: ~ day of ~~~ I 2009,
APPROVED: ~ day of ~~ I 2009,
PUBLISHED: b day of ~ I 2009,
I hereby certify that this is a true copy of Ordinance No. 3kl °/
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
P \CMllOrdlnance\Ille11StonnWalerF'INAL doct
25
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Illicit Discharges
Adopt Ch. 7.14 KCC