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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 03/23/2009 (4) COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KEN T Phone: 253-856-5454 W AS HI N G T 0 N Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 AGENDA LAND USE & PLANNING BOARD REGULAR MEETING & WORKSHOP MARCH 23, 2009 7:00 P.M. LAND USE&PLANNING BOARD MEMBERS: CITY STAFF Jon Johnson, Chair Charlene Anderson Planning Mgr Dana Ralph, Vice Chair Shawn Gilbertson, PW Engineer Steve Dowell Mike Mactutis, PW Environ. Eng, Mgr. Alan Gray Kim Adams Pratt, Assist City Attorney Aleanna Kondelis Molly Bartlemay, Admin Secretary Jack Ottini Barbara Phillips This is to notify you that the Land Use and Planning Board will hold a Regular Meeting followed by a Workshop on MONDAY, March 23, 2009, in Kent City Hall, City Council Chambers East at 7:00 p.m. No public testimony is taken at workshops, although the public is welcome to attend. REGULAR MEETING: The agenda will include the following item(s): 1. Call to order 2. Roll call 3. Approval of Minutes from the February 23, 2009 Meeting 4. Added Items to Agenda 5. Communications 6. Notice of Upcoming Meeting 7. Election of Officers WORKSHOP: ZCA-2009-1 Illicit Discharge Detection & Ell imi nation(IDDEI(GiIbertson) Discussion of a proposed code amendment ordinance to prohibit illicit discharges into the City's Municipal Separate Storm Sewer System. Any person requiring a disability accommodation should contact the City in Advance for more information. For TDD relay service for Braille, call 1-800-833-6385, for TDD relay service for the hearing impaired, call 1-800-833-6388 or call the City of Kent Planning Services directly at (253) 856-5499 (TDD) or the main line at (253) 856-5454. For further information or copies of the staff memorandum contact the Planning Services office at (253) 856-5454. Check the following Website: http://www.ci.kent.wa.us/planninglindex.asp, for available documents. S:\Permlt\P/an\LUPB\2009 AGENDAS\032309Wkshp_Agda.doc This page intentionally left blank. LAND USE & PLANNING BOARD MINUTES February 23, 2009 BOARD MEMBERS PRESENT/ABSENT: Chair Jon Johnson, Vice Chair Dana Ralph, Barbara Phillips Absent/Excused, Steve Dowell, Alan Gray, Aleanna Kondelis, Jack Ottini STAFF MEMBERS PRESENT: Mike Gillespie, Molly Bartlemay APPROVAL OF MINUTES: Gray MOVED and Dowell SECONDED a motion to APPROVE the January 12, 2009 Minutes. Motion PASSED 6-0. Added Items, Communications, Notice of Upcoming Meetings None ZCA-2008-3 Design and Construction Standards Development Engineering Manager Mike Gillespie presented The Design and Construction Standards. Gillespie stated that these standards have undergone minor edits since their adoption in 1993. The first draft of the new document was presented in November 2007, followed by a second draft in October 2008. Three focus group reviews were completed in October and November 2008. Gillespie stated that in the scope section 6.02.04, it indicated that the permit value has increased from $20,000 to $50,000 for these standards. He stated that permits meeting the $50,000 threshold would be required to comply with the Design and Construction Standards. An annual increase will be included based on the Washington State Department of Transportation Construction Cost Index. Gillespie stated that based on feedback received, the standards were revised and updated to incorporate current best practices. Revisions were made to site grading, retaining wall heights, private streets, and street lights. Gillespie added that best practices included incorporating latest engineering principles, adding standard plans, and adding additional detail. Gillespie stated that site grading changes preserve connectivity between developments and protect neighborhoods. These changes include a restriction of eight foot net change allowed from the existing topography. This sets limits to a six foot maximum cut and a four foot maximum fill. Gillespie stated that it was difficult to come up with a fair and reasonable restriction and that there could be future revisions based on how this restriction is applied. Gillespie stated that retaining wall restrictions include reducing wall heights within the structure setbacks to three (3) feet with a maximum height of six (6) feet. The restriction between lots would be four feet. Gillespie stated that properties Land Use and Planning Board Minutes February 23, 2009 Page 1 of 3 adjacent to City rights-of- way would not fall under these restrictions, unless in a setback area. Gillespie stated that changes to private streets include widening them from 20 to 26 feet, requiring curbs and gutters on both sides of the street, with a sidewalk on one side. Gillespie added that there have been problems with parking on 20 foot streets and it is challenging to enforce no parking on these streets. Private streets will be required to be in a separate access tract. This revision maintains the minimum lot size at 3,000 square feet by not allowing a street easement to count towards minimum lot size requirement. Gillespie stated that street light designs have been simplified. The most controversial part of this change is discontinuing the option to use Puget Sound Energy owned Into Light. Approximately 400 streets have these lights which are paid by the homeowners. The City feels that it is not appropriate to make homeowners pay for lights on City streets. Gillespie stated that the Parks Department had some additional comments and some minor revisions will be submitted that will include verifying the trail section is in compliance with King County and the Corp of Engineers. Gillespie also noted that Parks is asking for additional conduits for future irrigation. Gillespie noted that provisions would be added to allow hook up of drip irrigation, with additional detail added to the root barrier plan and street tree planter before going to the Public Works Committee in March. In response to Kondelis, Gillespie stated that a $50,000 permit threshold would be applied to all permits that include exterior work. Gillespie also noted that if there is no exterior work being done the new standards would not apply. In response to Ralph, Gillespie stated that the cost of the entire permit will be taken into consideration when determining if a project will meet the $50,000 threshold. Chair Johnson declared the hearing open. Wade Archer, 22305 SE 3051" Wax, Black Diamond stated that the four-foot fill seems light and limits building sites. Archer stated that developers will find a way to put houses in, and an increase in daylight basements and houses on slopes would be likely. Archer stated that it sounds as if the City might be using a double standard if they are using different standards for their street use fills, than for private work. Gillespie clarified that both the developers and City can put in a higher retaining wall against a right-of-way. Gillespie added that the City is not as concerned with aesthetics on streets and that standards were meant to soften impacts in neighborhoods. Gillespie added that they are hoping to have more houses built utilizing the topography. Land Use and Planning Board Minutes February 23, 2009 Page 2 of 3 Seeing no further speakers, Ottini Moved and Gray Seconded a Motion to close the Public Hearing. Motion CARRIED 6-0. Ralph Moved to adopt ZCA-2008-3 Design and Construction Standards as proposed by staff. Ottini Seconded the Motion. Kondelis stated that she appreciated that the Standards were being cleaned up and aligned with current marketplace conditions. She added that it will require more land area to produce the same number of lots and is somewhat counterproductive to the zoning code. Motion CARRIED 6-0. ADJOURNMENT Ottini Moved and Gray Seconded a Motion to adjourn. Motion CARRIED. Johnson adjourned the meeting at 7:35 p.m. Charlene Anderson, AICP, Planning Manager Secretary of the Board S:\Permit\Plan\LUPB\2009\MINUTES\022309_LUPB_M inu res.doc Land Use and Planning Board Minutes February 23, 2009 Page 3 of 3 4 This page intentionally left blank. COMMUNITY DEVELOPMENT 5 Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager KENT W AS HI N 0 T 0 N Phone: 253-856-5454 Fax: 253-856-6454 Address: 220 Fourth Avenue S. Kent, WA 98032-5895 March 16, 2009 TO: Chair Jon Johnson and Land Use and Planning Board Members FROM: Shawn Gilbertson, NPDES Coordinator and Mike Mactutis, Environmental Engineering Manager RE: Illicit Discharge Detection and Elimination Ordinance (ZCA-2009-1) SUMMARY: The Kent City Code currently prohibits the introduction of pollution into the City's stormwater system (KCC 7.05.150), but the code does not meet all of the requirements of the Western Washington Phase II Municipal Stormwater Permit (Phase II Permit). This code amendment prohibits illicit discharges into the City's Municipal Separate Storm Sewer System (Stormwater System) and provides for escalating enforcement procedures for violations. This ordinance will meet the requirements of the Phase II Permit and help preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. BACKGROUND: The Federal Clean Water Act of 1972 required the establishment of the National Pollutant Discharge Elimination System (NPDES) to regulate discharges to waters under the jurisdiction 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 Phase II Permit on January 17, 2007 for cities in urban areas with populations less than 100,000. The Phase II Permit is intended to reduce sources of pollution common to urbanized areas. These include pollutants such as fluids and metals from cars, fertilizers and pesticides from yard care, soaps from car washes, and pet waste. Construction site discharges and operation and maintenance of the stormwater system are also regulated under the Permit. The City of Kent was granted coverage under the Phase II Permit effective from February 16, 2007 to February 15, 2012. The Phase II permit requires the City to develop an Illicit Discharge Detection and Elimination (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". The permit has specific requirements for the ordinance which are included in the attached proposal. The SEPA Responsible Official has determined that the proposed code amendments are procedural in nature and no further SEPA review is required. S:\Permit\Plan\ZON ECODEAM END\2009\ZCA-2009-1_IDDE\LU PB\032309 W rkshpIDDEMemoFnl.doc LUPB Workshop March 23, 2009 6 This page intentionally left blank. 7 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, related to illicit discharge into the city's stormwater system, and amending title 7 to add Chapter 7.14 entitled, "Illicit Discharges." RECITALS A. The Federal Clean Water Act of 1972 required the establishment of the National Pollutant Discharge Elimination System (NPDES) to regulate discharges to waters under the jurisdiction 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. 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 Illicit Discharge Detection and Elimination (IDDE) program which includes "an ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illegal discharges, and dumping into the 1 Illicit Discharges KCC 7.14 8 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 code amendments are procedural in nature and further SEPA analysis is not required for these code amendments. D. The Kent City Code currently prohibits the introduction of pollution into the City's stormwater system (KCC 7.05.150), but the code does not meet all of the requirements of the Phase II Permit. This code amendment, prohibiting illicit discharges into 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. Such code will also help preserve water quality and protect fish and wildlife in surface waters within and downstream of the City limits. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Title 7 of the Kent City Code, is amended to add the new chapter 7.14 entitled, "Illicit Discharges," as follows: 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 2 Illicit Discharges KCC 7.14 9 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 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. 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 Stormwater, receiving waters, or the MS4. BMPs also include treatment practices, operating procedures, and practices to 3 Illicit Discharges KCC 7.14 10 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 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. 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 a chlorine residual of ten (10) mg/Liter at the end of the disinfection period. H. Illicit Discharge means any direct or indirect Non-Stormwater discharge to the MS4, except as expressly exempted by this chapter. 4 Illicit Discharges KCC 7.14 11 I. Illicit Connections means any conveyance that is connected to the MS4 without a permit, excluding roof drains and foundation drains. 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 drains and sinks, regardless of whether such drain 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 government duly authorized to give such approvals. J. Industrial 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, 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 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 5 Illicit Discharges KCC 7.14 12 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 is 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 is 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 participating in any activity regulated by this Chapter, and any person or entity participating in any violation of this chapter. O. 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 discarded or abandoned objects, and accumulations, so that 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 6 Illicit Discharges KCC 7.14 13 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 Revised Code of Washington State. It is the compilation 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 is 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 Best Management Practices and activities 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. 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, 7 Illicit Discharges KCC 7.14 14 underground waters, salt waters and all other surface waters and water courses within the jurisdiction 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 § 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 enjoyment of the waters and the propagation and protection of fish, shellfish, and wildlife. 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. Sec. 7.14.050. Prohibited discharges. A. No Owner/Operator shall discharge or cause an Illicit Discharge to enter into the MS4 or watercourses any materials, including but not limited to Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable Water Quality Standards as herein defined. 8 Illicit Discharges KCC 7.14 15 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 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. 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, 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; 9 Illicit Discharges KCC 7.14 16 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 described below under "allowable discharges"); 30. Chemicals not normally found in uncontaminated water; 31. Chlorinated swimming pool or hot tub water (except as described below under "conditional discharges"); 32. Discharges from potable water sources which may include but not limited to: water line flushing, Hyper-Chlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water (except as described below under "conditional discharges"); 33. Any other process-associated discharge except as otherwise allowed in this section; 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 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 pollution of surface water or Groundwater: A. Diverted stream flows; B. Riising Groundwaters; C. Uncontaminated Groundwater infiltration (as defined in CFR 35.2005(20)); D. Uncontaminated pumped Groundwater water; E. Foundation drains; F. Air conditioning condensation; 10 Illicit Discharges KCC 7.14 17 G. Irrigation water from agricultural sources that is commingled with urban Stormwater; H. Springs; I. Water from crawl space pumps; J. Footing drains; K. Flows from riparian habitats and wetlands; L. Non-Stormwater discharges covered by another NPDES permit; M. Discharges from emergency fire fighting activities; or N. Dye testing using environmental friendly products for the purpose of testing or tracing source pollution is allowable but requires verbal notification to the City prior to the time of testing. 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 stated conditions, 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. 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; 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 11 Illicit Discharges KCC 7.14 18 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. At active construction sites, street sweeping must be performed prior to washing the street; 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 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. 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. Sec. 7.14.090. Suspension of discharge access to City of Kent 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. 12 Illicit Discharges KCC 7.14 19 Sec. 7.14.100. Inspections. 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 identified 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. 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 best management practices. 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 Owne r/Operator to provide safe access to and means for inspection of any corrective work. Sec. 7.14.120. Monitoring of discharges. A. The City may require any Owner/Operator to install monitoring equipment to determine the nature and extent of any discharge to the 13 Illicit Discharges KCC 7.14 20 MS4 as a condition of allowing such discharge. The sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the Owner/Operator at its own expense. All devices used to measure Stormwater flow and quality shall be calibrated to ensure their accuracy. B. 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 Best Management Practices. The City has adopted requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of Stormwater, the MS4, or Waters of the State. The Owner/Operator of a commercial or industrial establishment shall provide, at Owner/Operator's expense, reasonable protection from accidental discharge of prohibited 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 a Premises, which are, or may be, the source of an Illicit Discharge, may be required to implement, at Owner/ perator's expense, additional 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. 14 Illicit Discharges KCC 7.14 21 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. 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 provision of this chapter, the City may pursue the enforcement procedures set forth in Kent City Code Chapter 1.04 - Code Enforcement. 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 2. - Severability. If any one or more section, subsections, or sentences of this Chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Chapter and the same shall remain in full force and effect. SECTION 3. - Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. SUZETTE COOKE, MAYOR ATTEST: 15 Illicit Discharges KCC 7.14 22 BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of , 2009. APPROVED: day of , 2009. PUBLISHED: day of , 2009. 16 Illicit Discharges KCC 7.14 23 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. (SEAL) BRENDA JACOBER, CITY CLERK 17 Illicit Discharges KCC 7.14