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HomeMy WebLinkAbout4127AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 7.14 of the Kent City Code, entitled "Illicit Discharges," to establish penalty provisions that apply should an individual violate the illicit stormwater discharge code provisions, to clarify existing code provisions, and to make other changes consistent with federal law. RECITALS A. Through its adoption of Ordinance No. 3916 on June 2, 2009, the Kent City Council established an illicit discharge detection and elimination program related to the City's stormwater system. This program is required as part of the City's coverage under the National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II Municipal Stormwater Permit administered by the Washington State Department of Ecology. The purpose of the program is to establish a regulatory mechanism that allows the City to effectively prohibit non- stormwater, illegal discharges, and dumping into the municipal separate storm sewer system. B. When Ordinance No. 3916 was adopted, it enacted a violation CIHd enforcement provision that was coed at Kent City Code (KCC) 1 Il/iciiSiormwater Discharges - Ch. 7. Z 4 KCC section 7.14.150. As currently enacted, KCC 7.14.150 provides that in the event a violation occurs, the City may pursue code enforcement proceedings through Ch. 1.04 KCC. This enforcement provision is different in form from other violation provisions within the Kent City Code that provide for either a civil code enforcement proceeding, or in the alternative, the filing of criminal charges. This departure appears to have been a drafting oversight and not a deliberate decision by staff or the City Council. C. Relying on the enforcement provisions contained in Ch. 1.04 KCC, however, is not effective in every situation. That code chapter relates to ongoing violations and establishes procedures through which the City may seek to stop a violation and obtain an order requiring the property owner or occupant to clean up the property. However, Ch. 1.04 KCC does not grant the City the authority to file criminal charges unless a repeat violation occurs or the person responsible for the violation fails to clean up the property after being ordered by the Hearing Examiner to do so. In some situations, a violator's conduct is so egregious that criminal charges are warranted, even if the violator has remedied the violation or cleaned up the property. D. Amending KCC 7.14.150 to allow the City to file either civil code enforcement proceedings or criminal charges will also make this code section consistent with similar Kent City Code provisions, for example: KCC 6.07.210 regarding violations of the City's Street Use Permit provisions, KCC 7.03.110 regarding violations of the City's Solid Waste Collection provisions, KCC 7.05.210 regarding violations of the City's Storm and Surface Water Utility provisions, KCC 8.01.050 regarding violations of the City's Public Nuisance provisions, and KCC 8.04.190 regarding violations to the City's Litter Control provisions. 2 Illicit Stormwater Discharges' Ch. 7. Y 4 KCC E. Because the enforcement provisions are currently being revised, it is also appropriate to make further housekeeping changes to clarify the intent or purpose of some code provisions, while revising others to make them consistent with recent changes to federal law. F. 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 Commerce for expedited review on August 20, 2014. The ordinance was considered by the City Land Use and Planning Board after a duly noticed public hearing on October 13, 2014. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION Y. -Amendment. Chapter 7.14 of the Kent City Code, entitled "Illicit Discharges," is amended as follows: Sec. 7.14.010. Purpose. The purpose of this chapter is to prevent pollutants and nonstormwater from entering the city of Kent municipal separate storm sewer system (the "MS4") and waters of the state to the maximum extent practicable as required by federal and state law. This chapter establishes the minimum methods required for controlling the intr-ed ctien of pollutants and preventing their entry into the MS4 and waters of the state ;,;-o,der-to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are: 3 I/licit Stormwater Discharges - Ch. 7.14 KCC A. To regulate the contribution of pollutants to the MS4 and waters of the state; B. To prot cit connections and discharges to the MS4 and waters of the state; C. To establish inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapterI D. To mitigate impacts to water quality as a result of increased runoff due to urbanization, correct or mitigate existing water quality problems related to stormwater, and to help restore and maintain the chemical, physical, and biological integrity of the city's waters for the protection of beneficial uses, including salmonid habitat and aquifer recharge; and - E. To establish the reasonable use of best management practices .(BMPs) to prevent pollutants and nonstormwater from entering the MS4 and waters of the state. 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 is plainly required. A. Best management practices (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to the MS4 or waters of the state.'— ,.t,,..m.•.., e- reeelving waters, er the . BMPs also include treatment practices, structural methods, and operating procedures; and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw D Illicit Sformwater Discharges - Ch. 7.14 KCC materials storage. BMPs are determined by reference to standard industry practice or applicable state, county, and local government design and pollution prevention manuals. 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 activities may include road construction, construction of residential houses, office buildings, or industrial buildings, and demolition activity. D. Director means the city of Kent public works director, or his or her designee. 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 materials 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 environments when improperly treated, stored, transported, disposed of, or otherwise managed. G. Hyperchlorinated means water that contains more than ten (10) mg/liter chlorine. Disinfection of water mains and appurtenances requires a chlorine residual of ten (10) mg/liter at the end of the disinfection period. I/licit Stormwater Discharges - Ch, 7.14 KCC H�. Illicit connections means any conveyance that is connected to the MS4 or waters of the state without a permit, excluding roof drains and foundation drains. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are Cenneeted dit=eetly te the MS4. Illicit connections allew an illicit discharge te enter the. MS and -include, but are not limited to, any conveyances that whiii-allow any nonstormwater discharge,, including sewage, process wastewater, and wash water, to enter the MS4 or waters of the state; any connections t -e the MS4 from indoor drains and sinks, regardless of whether such drain or connection was previously allowed, , or approved by an authorized enforcement agency; or any drain or conveyance connected from a commercial or industrial land use to the sterm drain systen, MS4 or waters of the state that which -has not been documented in plans, maps, or equivalent records and approved by the city or another agency of government duly authorized to give such approvals. I#. Illicit discharge means any direct or indirect nonstormwater discharge, not expressly allowed by this code, to the MS4, waters of the state, or anv other location within the citv where the discharge has a reasonable likelihood of being washed into the MS4 or waters of the state; except as expressly exempted by this ehapte-r. J. Industria/ activity means activities 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, flow controls, treatment facilities, or storm drains. I/licit Stormwater Discharges - Ch. 7.14 KCC 1. Owned or operated by a state, city, town, county, district, port, or other public body created by or pursuant to state law having 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. That Which is not a combined sewer; and 4. That WIC —is not part of a publicly_owned treatment works ("POTW") as defined at 40 CFR 122.2. L. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking, reissuing, terminating monitoring and enforcing permits;-: and imposing and enforcing pretreatment requirements; under sections 307, 402, 318, and 405 of the federal CWA for the discharge of pollutants to surface waters of the state. These permits are referred to as NPDES permits, ands in the State of Washington, are administered by the Washington State Department of Ecology. stermwater diseharge permit means a permit issued by the ef Eeelegy under autheFity delegated pursuant te 33 U.S.G. 1342(b), that, authorizes the diseharge ef pollutants to waters ef the state, whether the permit is applicable to an individual, gFeup, eF general aFea wide basis. M. Nonstormwater discharge means any discharge to the MS4 or waters of the state that is not composed entirely of stormwater. 7 Illicit stormwater Discharges - Ch. 7.14 KCC N. Owner/operator means any of the following: a person or entity with an ownership interest in the premises; a person or entity who occupies or has ei�-control over the premises; or this chapter eeeurs, atm person or entity who participates+rtg in any activity on the premises that is regulated by this chapter..,--and any persen er entity paFtieipating in any violation ef this ehapter. O9 , firm, business, association, partnership, corporation, or other legal entity, public or private, however organized Because "person" shall include both human and non -human entities, anv of the following pronouns mavbe used to describe a person: he, she, or it. P Person responsible for the violation means any of the following: a person who has titled ownership or legal control of the premises that is subject to the regulation; an occupant or other person in control of the premises that is subject to the regulation; a developer, builder, business operator, or owner who is developing, building, or operating a business on the premises that is subject to the regulation; or any person who created, caused, or has allowed the violation to occur on the premises. Q9. Pollutant means anything that w�-ic-I�—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, 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 structures and noxious or offensive matter of any kind. E:3 Illicit Storrrrwater Discharges - Ch. 7, 14 KCC RR. Premises means any real property or interest in real property and any improvement upon real property. SQ. RCW means the state Revised Code of Washington. It is t compilation of all permanent state laws, new in fereeas currently enact or as subsequently amended or recodified. Tf�. Sanitary sewage means domestic and commercial 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. U�. Sanitary sewer system means a conveyance, or system of conveyances, that wk -tel -i -is designed to convey domesti wastewater. conveyance pipes, pumping facilities, retention and detention basins, bioinfiltration facilities, drainage channels, and other drainage structures. W�. Stormwater means any surface flow, runoff, and drainage consisting et tirely-of water from any form of natural precipitation, and resulting from such precipitation. XU. Stormwater pollution prevention plan means a document that which describes the BMPs and activities to be implemented by an owner/operator �r busines 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 -waters of the statereeelving lyvateFsa D Illicit Stormwater Discharges - Ch. 7.14 KCC YV. Waters or the state means those waters as defined as "waters of the United States" in 40 CFR 122.2, within the geographic boundaries of thl State of Washington, and those "waters of the state" as defined in Chapte 90.48 RCW, which includes lakes, rivers, ponds, streams, inland waters ndeFgreund groundwater, salt waters, and all other surface water, and water courses within the jurisdiction of the State of Washington. defined -herein; Surface Water Quality Standards - Chapter 173-201A the Washington Administrative Code ("WACa,: Ground Water Quali Standards - Chapter 173-200 WAC; and Sediment Manageme Standards Chapter 173-204 WAC. The water quality standards a AA -F. 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 through permissions granted in a stormwater facility maintenance covenant, 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. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists. 10 Illicit Stormwater Discharges - Ch. 7.14 KCC A. No person shall dischar9e—�cause an illicit discharge, or fail to utilize reasonable BMPs to protect against a potential or accidental discharge, of nonstormwater or any—other material not expressly allowed by this codes, including but not limited to pollutants or waters containing any pollutants,, to enter into the MS4 or waters of the state that may reasonably cause or contribute to a violation of applicable water quality standards as herein defined, to teen ince the—MS4 eF vatereaurses wateFs of the state. B. Prohibited discharges include but are not limited to the following list; of common substances that + hich—are illicit discharges when discharged to the MS4 or waters of the state: 1. Solid waste, trash or debris; 2. Human and animal waste, 3. Petroleum products in quantities that produce a visible sheenF including but not limited to oil, gasoline, grease, fuel, oil, and heating oil; 4. Antifreeze and other automotive products; 5. Flammable or explosive materials; 6. Radioactive material; 7. Construction materials, 8. Batteries; 9. Acids, alkalis, or bases; 10. Paints, stains, resins, lacquers, or varnishes, 11 .Illicit Stormwater Discharges - Ch. 7.14 /CCC 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; 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; 12 Illicit Store»wafer Discharges - Ch, 7,14 KCC 32. Discharges from potable water sources which may include but are not limited to. water line flushing, hyperchlorinated 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. C. , jointly or severally, in accordance with KCC 7.14.150 and KCC 7.14.160. The City may pursue enforcement action aqainst anv person responsible for the violation. Sec. 7.14.060. Allowable discharges. The following types of discharges shall not be considered illicit 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 mien -a violation of water quality standards ine€ the MS4 or waters of the state A. Diverted stream flows; B. Rising groundwater; C. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20); D. Uncontaminated pumped groundwater-w-ai= E. Foundation drains discharging uncontaminated Groundwater or stormwater; F. Air conditioning condensation; G. Irrigation water from agricultural sources that is commingled with urban stormwater; 13 I/licit stormwater Discharges - Ch. 7.14 KCC H. Springs; I. Water from crawl space pumps discharging clean stormwater only, J. Footing drains discharging uncontaminated groundwater or stormwater; K. Flows from riparian habitats and wetlands; L. Nonstormwater discharges covered by an he�NPDES permit; or M. Discharges from emergency firefighting activities_;—e-r Sec. 7.14.070. Conditional discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the following stated conditions,, unless —the —direete,= \'�'Ll,:<1,:.'�)>•N1L�lSllLrllll:t�J�l�1•Illml'Li�S�1Sl!1�l �_ l Jl.!l,l J:t Jt�l!..l!►.1 �L'L!l�►�1�:.: NOW Sec. 7.14.070. Conditional discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the following stated conditions,, unless —the —direete,= A. Potable water, including water from water line flushing, hyperchlorinated 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 resuspension of sediments in the MS4; B. Lawn watering and other irrigation runoff shall be minimized; C. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH -adjusted, if 14 I/licit stormwater Discharges - Ch. 7.14 KCC \'�'Ll,:<1,:.'�)>•N1L�lSllLrllll:t�J�l�1•Illml'Li�S�1Sl!1�l �_ l Jl.!l,l J:t Jt�l!..l!►.1 �L'L!l�►�1�:.: A. Potable water, including water from water line flushing, hyperchlorinated 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 resuspension of sediments in the MS4; B. Lawn watering and other irrigation runoff shall be minimized; C. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH -adjusted, if 14 I/licit stormwater Discharges - Ch. 7.14 KCC necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the MS4, or D. Street and sidewalk wash water, water used to control dust, and routine external bung wash down that is unheated and does not use any additives are permitted if the amount of street wash and dust control water used is minimized_ E-0 Other nensterrnwater diseharges. The disehaFges shall be Sec. 7.14.080. Illicit connections prohibited. A. No erp son shall connect a conveyance system that whiehwas not constructed or intended to convey precipitation runoff, or that whi-eh has been converted from such usage to another use, to the MS4 o gFoundwater infiltratien system waters of the state. The construction, sterng use, maintenance or continued existence of illicit connections to the MS4 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 MONSOON M•M'.fT_'MWRf39C�!!7!t9-*fi39!�'�lf•IT�! - - k•ALWJ[1I!LIqLW1tsWA=Lw1Hn.ML"K �.�.iw..i���w��:=.�•�•�i►Gw� - : : - - - : •�i1L.i :�in.c :Ir�.iPU sw:swii�s:�� :uirii.�i.►.�i�:��iii�i►w.i�i.�i�n.�.�aGi�n��►:e+ 11 P Sec. 7.14.080. Illicit connections prohibited. A. No erp son shall connect a conveyance system that whiehwas not constructed or intended to convey precipitation runoff, or that whi-eh has been converted from such usage to another use, to the MS4 o gFoundwater infiltratien system waters of the state. The construction, sterng use, maintenance or continued existence of illicit connections to the MS4 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 MONSOON M•M'.fT_'MWRf39C�!!7!t9-*fi39!�'�lf•IT�! - - k•ALWJ[1I!LIqLW1tsWA=Lw1Hn.ML"K �.�.iw..i���w��:=.�•�•�i►Gw� - : : - - - : •�i1L.i :�in.c :Ir�.iPU B. Any person who violates KCC 7.14.080 may be liable, jointly or severally, in accordance with KCC 7.14.150 and KO. 7.14.160. The City may pursue enforcement action against any person responsible for the violation. 15 Illicit Stormwater Discharges - Ch. 7. Z4 KCC sw:swii�s:�� :uirii.�i.►.�i�:��iii�i►w.i�i.�i�n.�.�aGi�n��►:e+ B. Any person who violates KCC 7.14.080 may be liable, jointly or severally, in accordance with KCC 7.14.150 and KO. 7.14.160. The City may pursue enforcement action against any person responsible for the violation. 15 Illicit Stormwater Discharges - Ch. 7. Z4 KCC LI:1 •. 1 I • - • • . I ILI' [WE a EGIRKIM&La r � 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 that which is or would be prohibited under this chapter. Sec. 7.14.100. Inspections. requirementscompliance with the of .. - . to accomplish its purposes. Inspection programs may be established on any reasonable basis including, but not limited to, routine inspections, random inspections, or inspections based upon complaints received or concerns of ether notiee of—possible code violationS7. Additionally, inspection of drainage basins eF aFeas identified as higher than typieal souFees of sediment or otheF eentanginants eF pollutants, inspections may be conducted of businesses or inclustries.with suspicious discharges, a high volume of discharge, o pollutants that appear to be present in the discharge. of a type asseeiated with higher than usUal discharges of eentarninants er pollutants or with dischaitges of a type whieh aFe more likely than the typieal disehaFge eause violations of state er federal water er sedingent Eluality standards e,F aO.G.a►w.��G�.�:.G under - : - - - - B. Inspections may include, but are not limited to, reviewing maintenance and repair records.; sampling discharges, surface water, ;d aerial eF water in the MS4; and evaluating the condition of the -"� ,S4 and etheF BMPs_premise's stormwater system and BMPs. Sec. 7.14.110. Reinspections. Should a city inspection discover a violation of this chapter or other applicable federal, state, or local code provision��it shall be the duty of the owner 16 /operator to notify the director I/licit Stormwater Discharges - Ch. 7, I4 KCC that any noted violations have been corrected, and to request a reinspection. The directer may require that sueh request for reinspectien It shall be the duty of the owner/operator to provide safe access to and a means for inspection of any corrective work. Sec. 7.14.120. Monitoring of discharges. pplieable The city may shall conduct or cause to be eendueted 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 BMPs. TheAll owners/operators ngaging in industrial aetivity shall provide, at owner/operators expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or waterce rse-swaters of the state through the use of these-structural,-anonstructural, and operational BMPs. Further, any owner/operator responsible for premises; that whieh-are, or may be, the source of an illicit discharge, may be required to implement, at owner/operators expense, additional structural., and nonstructural, and operational BMPs to prevent the further diseharge ef pollutants illicit discharges to the MS4 or waters of the state. Gempliance with a'' terms teFFnwater asseeiated with industrial activity, te the extent praetieable7 hall be deemed eengplianee with the previspens ef this seetion. T -hes -e Sec. 7.14.140. Industrial or construction activity discharges. Any owner/operator subject to an industrial or construction activity NPDES 17 Illicit stormwater Discharges - Ch. 7..14 KCC engply with the pFevisiens of sueh pern9it will eenstitute a vielatien ef this iolated er failed to meet a requirement any provision of this chapter onstitutes a civil violation under, the eity n9ay pursue the cede enalty may be assessed and abatement may be required as provided herein. Any vielatien ef this chapter that is -- by - direeter to - hreat er potential threat te the. public health, safety and welfare may be bated as er pursuant to any ether applieable leeal, state e Regulation under this chapter shall net serve hield te any aetien undeF ether applicable laws er F.egulatiens ef the city, eF United- B. In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to KCC 1.01.140. Sec. 7.14.160. Joint and several responsibility and liability. Responsibility for violations of this chapter is ioint and_s_e_veral, and the cit is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. SECTION 2. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such I/licit Stormwater Discharges - Ch. 7,14 KCC decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTION 4. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication as provided by law. ATTEST: NALD F. CLE BRUBAKER, CITY ATTORNEY 19 I/licit Stormwater Discharges - Ch, 7.14 KCC PASSED: day ofilzwewvee, 2014. s APPROVED: day of, 2014. PUBLISHED: day of.., , 2014. I hereby certify that this is a true copy of Ordinance No. 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:\Civil\Ordinance\7.14 Illicit Discharges.doc 20 SEAL) I/licit Stormwater Discharges - Ch. 7.14 KCC