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TABLE OF CONTENTS
SPECIAL AND GENERAL CONDITIONS
S1. PERMIT COVERAGE AREA AND PERMITTEES ........................................................ 1
S2. AUTHORIZED DISCHARGES ......................................................................................... 6
S3. RESPONSIBILITIES OF PERMITTEES .......................................................................... 7
S4. COMPLIANCE WITH STANDARDS .............................................................................. 7
S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS AND
COUNTIES ....................................................................................................................... 10
S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES 24
S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ........ 31
S8. MONITORING ................................................................................................................. 32
S9. REPORTING REQUIREMENTS .................................................................................... 34
G1. DISCHARGE VIOLATIONS .......................................................................................... 38
G2. PROPER OPERATION AND MAINTENANCE ............................................................ 38
G3. NOTIFICATION OF DISCHARGE, INCLUDING SPILLS .......................................... 38
G4. BYPASS PROHIBITED ................................................................................................... 38
G5. RIGHT OF ENTRY .......................................................................................................... 39
G6. DUTY TO MITIGATE ..................................................................................................... 39
G7. PROPERTY RIGHTS ....................................................................................................... 39
G8. COMPLIANCE WITH OTHER LAWS AND STATUTES ............................................ 39
G9. MONITORING ................................................................................................................. 39
G10. REMOVED SUBSTANCES ............................................................................................ 40
G11. SEVERABILITY .............................................................................................................. 41
G12. REVOCATION OF COVERAGE .................................................................................... 41
G13. TRANSFER OF COVERAGE ......................................................................................... 41
G14. GENERAL PERMIT MODIFI CATION AND REVOCATION ..................................... 41
G15. REPORTING A CAUSE FOR MODI FICATION OR REVOCATION ......................... 42
G16. APPEALS ......................................................................................................................... 42
G17. PENALTIES ..................................................................................................................... 42
G18. DUTY TO REAPPLY ...................................................................................................... 43
G19. CERTIFICATION AND SIGNATURE ........................................................................... 43
G20. NON-COMPLIANCE NOTIFICATION ......................................................................... 43
G21. UPSETS ............................................................................................................................ 4 4
DEFINITIONS AND ACRONYMS ............................................................................................ 45
APPENDICES
APPENDIX 1. Minimum Technical Requirements
APPENDIX 2. TMDL Requirements
APPENDIX 3. Annual Report Form for County, Town and City Permittees
APPENDIX 4. Annual Report Fo rm for Secondary Permittees
APPENDIX 5. Notice of Intent
APPENDIX 6. Street Waste Disposal
APPENDIX 7. Determining Constructi on Site Damage Transport Potential
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Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 1 of 51
Modified June 17, 2009
SPECIAL CONDITIONS
Notice: If legislation related to this Permit is passed into law, Ecology will, as necessary,
modify, revoke and re-issue or terminate this Permit to carry out legislative
requirements. Any such modificatio n will be in accordance with G14 General Permit
Modification and Revocation and the provisions of WAC 173-226-230.
S1. PERMIT COVERAGE AREA AND PERMITTEES
A. Geographic Area of Permit Coverage
This Permit is applicable to owners or operators of regulated small municipal separate
storm sewer systems (MS4s) located west of the eastern boundaries of the following
counties: Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania.
1. For all cities required to obtain coverage under this pe rmit, the geographic area of
coverage is the entire incor porated area of the city.
2. For all counties required to have coverage under this Permit, the geographic area of
coverage is the urbanized ar eas and urban growth areas a ssociated with cities under
the jurisdictional c ontrol of the county. The geogr aphic area of coverage also
includes any urban growth area contiguous to urbanized areas under the
jurisdictional contro l of the county.
3. For secondary permittees required to obtain coverage under this permit, the
minimum geographic area of coverage is all areas identified under S1.A.1. and
S1.A.2. At the time of permit coverage, Ecology may establish a geographic area of
coverage specific to an indi vidual secondary permittee.
4. All regulated small MS4s owned or opera ted by the permittees named in S1.D.2.a.
and located in another city or county area re quiring coverage under either the Phase I
Municipal Stormwater Permit or the Eastern Washington Phase II Municipal
Stormwater Permit are also covered under this permit.
B. Regulated Small Municipal Separa te Storm Sewer Systems (MS4s)
All operators of regulated sm all municipal separate stor m sewer systems (MS4s) are
required to apply for and obtain coverage under this Permit or be permitted under a
separate individual permit, unless waived or exempted in accordance with condition
S1.C.
1. A regulated small MS4 :
a. Is a “Small MS4” as defined in the Definitions and Acronyms section at the end
of this Permit; and
b. Is located within, or partially located w ithin, an urbanized area as defined by the
latest decennial census conducted by the U.S. Bureau of Census, or designated
by the Department pursuant to 40 CFR 123.35(b) or 40 CFR 122.26(f); and
c. Discharges stormwater from the MS4 to a surface water of Washington State;
and
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 2 of 51
Modified June 17, 2009
d. Is not eligible for a waiver or exemption under S1.C. below.
2. All other operators of MS4s, including special purpose districts, which meet the
criteria for a regulated small MS4 shall ob tain coverage under this Permit. Other
operators of municipal separate storm se wers may include, but are not limited to:
flood control, or diking and drainage districts, schools including universities, and
correctional facilities that own or operate a small MS4 serving non-agricultural land
uses.
3. Any other operators of small MS4s may be required by the Department to obtain
coverage under this permit or an alte rnative NPDES permit if the Department
determines the small MS4 is a significant source of pollution to surface waters of the
state. Notification of the Department’s determination that permit coverage is
required will be through th e issuance of an Administ rative Order issued in
accordance with RCW 90.48.
4. The owner or operator of a regulated sm all MS4 may obtain coverage under this
Permit as a permittee, co-permittee, or secondary permittee as defined in S1.D.1.
below.
5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology to
require that additional munici pal separate storm sewers obtain coverage under this
permit. The process for petitioning Ecology is:
a. The person or organization shall su bmit a complete petition in writing to
Ecology. A complete petition shall addre ss each of the rele vant factors for
petitions outlined on Ecology’s website.
b. In making its determination on the petition, Ecology may request additional
information from either the petitioner or the jurisdiction.
c. Ecology will make a final determinati on on a complete petition within 180 days
of receipt of the petition and inform both the petitioner and the municipal
separate storm sewer of the decision, in writing.
d. If Ecology’s final determin ation is that the candidate municipal separate storm
sewer will be regulated, Ecology will issu e an order to the municipal separate
storm sewer requiring them to obtain covera ge under this Permit. The order will
specify:
i. The geographic area of permit covera ge for the municipal separate storm
sewer system;
ii. Any modified dates or deadlines for developing and implementing the
Stormwater Management Program in S5. or S6., as appropriate to the
municipal separate storm sewer system, and for submitting their first annual
report; and
iii. A deadline for the operator of the municipal separate storm sewer system to
submit a complete Notice of Inte nt (see Appendix 5) to Ecology.
C. Owners and operators of an otherwise regul ated small MS4 are not required to obtain
coverage under this Permit if:
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 3 of 51
Modified June 17, 2009
1. The small MS4 is operated by:
a. The federal government on military bases or other federal lands; or by the United
States Military, the Bureau of Land Mana gement, the United States Park Service
or other federal agencies;
b. Federally recognized Indian Tribes lo cated within Indian Country Lands; or
c. The Washington State Depa rtment of Transportation.
or:
2. The portions of the small MS4 located with in the census defined urban area(s) serve
a total population of less than 1000 peopl e and a, b, and c, below all apply:
a. The small MS4 is not contributing substa ntially to the polluta nt loadings of a
physically interconnected MS4 that is regulated by the NPDES stormwater
program.
b. The discharge of pollutants from the sm all MS4 have not been identified as a
cause of impairment of any water body to which the MS4 discharges.
c. In areas where an EPA approved TMDL has been completed, stormwater
controls on the MS4 have not been identified as being necessary.
In determining the total population served both resident and commuter populations
shall be included. For example:
• For publicly operated school complexes in cluding universities and colleges the
total population served would include th e sum of the aver age annual student
enrollment plus staff.
• For flood control, diking, and drainage districts the total population served
would include residential population a nd any non-residents regularly employed
in the areas served by the small MS4.
D. Obtaining coverage under this Permit
All operators of regulated small MS4s are required to apply fo r and obtain coverage in
accordance with this section, unless waived or exempted in accordance with section
S1.C.
1. Permittees: unless otherwise noted, the te rm “Permittee” shall include Permittee,
Co-Permittee, and Secondary Permittee, as defined below:
a. “Permittee” is a city, town, or count y owning or operating a regulated small
MS4 applying and receiving a permit as a single entity.
b. “Co-Permittee” is any operator of a regulat ed small MS4 that is applying jointly
with another applicant for coverage unde r this Permit. Co-Permittees own or
operate a regulated small MS4 located w ithin or adjacent to another regulated
small MS4.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 4 of 51
Modified June 17, 2009
c. A “Secondary Permittee” is an operator of regulated small MS4 that is not a city,
town or county. Secondary Permittees include special purpose districts and
other MS4s that meet the criteria fo r a regulated small MS4 in S1.B. above.
2. Operators of regulated small MS4s shall submit either an individual application to
the Department or a Notice of Intent (NO I). Applications submitted after January
17, 2007 must be made using the NOI provi ded in Appendix 5. The NOI is also
available on Ecology’s website.
a. All cities, towns and counties listed in i and ii below and operating regulated
small MS4s shall apply as either a Permittee or Co-Permittee.
i. Cities of: Aberdeen, Algona, Anacortes, Arlington, Auburn, Bainbridge
Island, Battle Ground, Bellevue, Bellingham, Black Diamond, Bonney
Lake, Bothell, Bremerton, Brier, Bu ckley, Burien, Burlington, Camas,
Centralia, Clyde Hill, Covington, Des Moines, DuPont, Duvall,
Edgewood, Edmonds, Enumclaw, Everett, Federal Way, Ferndale, Fife,
Fircrest, Gig Harbor, Granite Falls , Issaquah, Kelso, Kenmore, Kent,
Kirkland, Lacey, Lake Forest Park, Lake Stevens, Lakewood, Longview,
Lynnwood, Maple Valley, Marysville, Me dina, Mercer Island, Mill Creek,
Milton, Monroe, Mountlake Terrace, Mount Vernon, Mukilteo,
Newcastle, Normandy Park, Oak Harbor , Olympia, Orting, Pacific, Port
Orchard, Port Angeles, P oulsbo, Puyallup, Redmond, Renton,
Sammamish, SeaTac, Sedro-Woolley, Shoreline, Snohomish, Steilacoom,
Sumner, Tukwila, Tumwater, Universi ty Place, Vancouver, Washougal,
Woodinville, and Yarrow Point.
ii. Counties: Cowlitz, Kitsap, Thurston, Skagit, and Whatcom.
b. All other regulated small MS4s shall apply as a Secondary Permittee or as a
Co-Permittee.
c. The following cities, towns and counties subm itted either an a pplication or a NOI
for coverage to Ecology pr ior to January 17, 2007:
i. Cities and towns: Aberdeen, Algona, Arlington, Auburn, Bainbridge
Island, Battle Ground, Bellevue, Bellingham, Black Diamond, Bonney
Lake, Bothell, Bremerton, Brier, Bu ckley, Burien, Burlington, Camas,
Centralia, Clyde Hill, Covington, Des Moines, DuPont, Duvall,
Edgewood, Edmonds, Enumclaw, Everett, Federal Way, Ferndale Fife,
Fircrest, Gig Harbor, Granite Falls , Issaquah, Kelso, Kenmore, Kent,
Kirkland, Lacey, Lake Forest Park, Lake Stevens, Lakewood, Longview,
Lynnwood, Maple Valley, Marysville, Me dina, Mercer Island, Mill Creek,
Milton, Monroe, Mountlake Terrace, Mount Vernon, Mukilteo,
Newcastle, Normandy Park, Oak Harbor , Olympia, Orting, Pacific, Port
Orchard, Poulsbo, Puyallup, Redmond, Renton, Sammamish, SeaTac,
Sedro-Woolley, Shoreline, Snohomi sh, Steilacoom, Sumner, Tukwila,
Tumwater, University Place, Vancouver, Washougal, Woodinville, and
Yarrow Point
ii. Counties: Cowlitz, Kitsap, T hurston, Skagit, and Whatcom.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 5 of 51
Modified June 17, 2009
d. All operators of regulated small MS4s lo cated in jurisdictions listed in S1.D.2.a.
shall submit to Ecology a NOI or indi vidual permit application before the
effective date of this permit, with the following exceptions:
i. Operators of regulated small MS4s located in the Cities of Aberdeen,
Anacortes, Centralia, Oak Harbor, and Port Angeles shall submit a NOI or
application to Ecology no later than 30 da ys after the effective date of this
permit.
ii. Operators of regulated small MS4s listed in S1.D.2.c. do not need to
submit a new application to be covered under this permit.
e. For operators of regulated small MS4s listed in S1.D.2.c., coverage under this
permit is automatic and begins on the effective date of this permit, unless:
i. The operator chooses to reapply before the effective date of this permit; or
ii. The operator will be relying on anothe r entity to satisfy one or more of
their permit obligations in accordan ce with S1.D.2.g. and S1.D.3.d. below;
or
iii. The operator chooses be a Co-Per mittee in accordance with S1.D.2.f. and
S1.D.3.c. below; or
iv. The operator chooses to opt out of th is General Permit. Any operator of a
regulated small MS4 that is opting out of this permit shall submit an
application for an individual MS4 permit in accordance with 40 CFR
122.33(b)(2)(ii) no later than the eff ective date of this permit.
f. Operators of regulated small MS4s which want to be covered under this permit as
Co-Permittees shall submit to Ecology a joint NOI.
g. Operators of regulated small MS4s which are relying on another entity to satisfy
one or more of their permit obligations shall submit a NOI to Ecology.
h. Operators of small MS4s designated by Ecology pursuant to S1.B.3. of this
permit shall submit a NOI to Ecology w ithin 120 days of receiving notification
from Ecology that permit cove rage is required.
3. Application Requirements
a. NOIs shall be submitted to:
Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
b. For NOIs submitted after January 17, 2007, the permit applicant shall provide
public notice of the application in acc ordance with WAC 173-226-130(5). The
applicant or co-applicant shall include a certification that the public notification
requirements of WAC 173-226-130(5) have been satisfied. Unless Ecology
responds in writing, coverage under this Permit will be effective 60 days after
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 6 of 51
Modified June 17, 2009
receipt of a complete NOI. A complete NOI shall include the certification of
public notice.
c. Permittees applying as co-applicants shall submit a joint NOI. The joint NOI
shall clearly identify the areas of the MS4 for which each of the co-applicants
are responsible.
d. Permittees relying on another entity or entities to satisfy one or more of their
permit obligations shall notif y Ecology in writing. The notification shall include
a summary of the permit obligations that will be carried out by another entity.
The summary shall identify the other entity or entities and sh all be signed by the
other entity or entities. During the term of the permit, permittees may terminate
or amend shared responsibility arrang ements by notifying Ecology, provided this
does not alter implementation deadlines.
e. Secondary permittees required to have coverage under this Permit, and the
NPDES and State Waste Discharge Permit for Discharges from Small Municipal
Separate Storm Sewers in Eastern Wa shington or the NPDES and State Waste
Discharge Permit for Discharges from Large and Medium Municipal Separate
Storm Sewers , may obtain coverage by submitting a single NOI.
S2. AUTHORIZED DISCHARGES
A. This Permit authorizes the discharge of stormwater to surface waters and to ground
waters of the state from municipal separate storm sewer systems owned or operated by
each Permittee covered under this permit, in the geographic area covered pursuant to
S1.A. These discharges are s ubject to the following limitations:
1. Discharges to ground waters of the stat e through facilities regulated under the
Underground Injection C ontrol (UIC) program, Chapter 173-218 WAC, are not
covered under this Permit.
2. Discharges to ground waters not subject to regulation under the federal Clean Water
Act are covered in this permit only under state authorities, Chapter 90.48 RCW, the
Water Pollution Control Act.
B. This Permit authorizes discharges of non-stormwater flows to surface waters and to
ground waters of the state from municipal separate storm sewer systems owned or
operated by each Permittee covered under this permit, in the geographic area covered
pursuant to S1.A, only under the following conditions:
1. The discharge is authorized by a separate National Pollutant Discharge Elimination
System (NPDES) or State Waste Discharge permit.
2. The discharge is from emerge ncy fire fighting activities.
3. The discharge is from another illicit or non-stormwater discharge that is managed by
the Permittee as provided in Special Condition S5.C.3.b. or S6.C.3.b.
These discharges are also subject to the limitations in S2.A.1. and S.2.A.2. above.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 7 of 51
Modified June 17, 2009
C. This Permit does not relieve entities that cau se illicit discharges, including spills, of oil
or hazardous substances, from responsibilities and liabilities under stat e and federal laws
and regulations pertaini ng to those discharges.
D. Discharges from municipal separate storm se wers constructed after the effective date of
this permit shall receive all applicable state and local permits and use authorizations,
including compliance with Chapter 43.21C RC W (the State Environmental Policy Act).
E. This Permit does not authorize discharges of stormwater to waters within Indian
Reservations except where authority has b een specifically delegated to Ecology by the
U.S. Environmental Protection Agency. The exclusion of such discharges from this
Permit does not waive any rights the State may ha ve with respect to the regulation of the
discharges.
S3. RESPONSIBILITIES OF PERMITTEES
A. Each Permittee covered under this Permit is responsible for complian ce with the terms of
this Permit for the regulated small MS4s that they own or operate. Compliance with (1)
or (2) below is required as applicable to each permittee, whether the permittee has
applied for coverage as a permittee, co-permittee, or secondary permittee.
1. All city, town and county permittees are requi red to comply with all conditions of this
Permit, including any appendices referenced therein, except for Special Condition S6
Stormwater Management Program for Secondary Permittees .
2. All secondary permittees are required to comply with all conditions of this Permit,
including any appendices referenced therein, except for Special Conditions S8.C.
Monitoring and S5 Stormwater Management Program for Cities, Towns and
Counties.
B. Permittees may rely on another entity to sati sfy one or more of the requirements of this
Permit. Permittees that are relying on another entity to satisfy one or more of their permit
obligations remain responsible for permit compliance if the other entity fails to
implement permit conditions. Permittees may rely on another entity provided all the
requirements of 40 CFR 122.35(a) are sa tisfied, including but not limited to:
1. The other entity, in fact, implem ents the Permit requirements.
2. The other entity agrees to take on respons ibility for implementation of the Permit
requirement(s) as indicated on the NOI.
S4. COMPLIANCE WITH STANDARDS
A. In accordance with RCW 90.48.520, the discharge of toxicants to wate rs of the state of
Washington which would violate any wate r quality standard, including toxicant
standards, sediment criteria, and dilution zone criteria is prohibited. The required
response to such discharges is defined in section S4.F., below.
B. This Permit does not authorize a discharg e which would be a violation of Washington
State Surface Water Quality Standards (C hapter 173-201A WAC), Ground Water Quality
Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 173-204
WAC), or human health-based cr iteria in the national Toxics Rule (Federal Register, Vol.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 8 of 51
Modified June 17, 2009
57, NO. 246, Dec. 22, 1992, pages 60848-60923). The required response to such
discharges is defined in section S4.F., below.
C. The Permittee shall reduce the discharge of pollutants to the maximum extent practicable
(MEP).
D. The Permittee shall use all known, availabl e, and reasonable methods of prevention,
control and treatment (AKART) to prevent and control pollution of wate rs of the state of
Washington.
E. In order to meet the goals of the Clean Water Act, and comply with S4.A., S4.B., S4.C.,
and S4.D. each Permittee shall comply with all of the applicable requirements of this
Permit as identified in S3 Responsibilities of Permittees.
F. A Permittee remains in compliance with S 4. despite any discharges prohibited by S4.A.
or S4.B., when the Permittee undertakes the following response toward long-term water
quality improvement:
1. A Permittee shall notify Ecology in writing within 30 days of becoming aware,
based on credible site-specific informati on, that a discharge from the municipal
separate storm sewer owned or operated by the Permittee is causing or contributing
to a known or likely violation of Water Qu ality Standards in the receiving water.
Written notification provided under this subs ection shall, at a minimum, identify the
source of the site-specific information, desc ribe the nature and extent of the known
or likely violation in the receiving water, and explai n the reasons why the MS4
discharge is believed to be causing or c ontributing to the problem. For ongoing or
continuing violations, a single written notification to Ecol ogy will fulfill this
requirement.
2. In the event that Ecology determines, ba sed on a notification provided under S4.F.1.
or through any other means, that a discharg e from a municipal separate storm sewer
owned or operated by the Permittee is causing or contributing to a violation of Water
Quality Standards in a recei ving water, Ecology will notif y the Permittee in writing
that an adaptive management response out lined in S4.F.3. below is required, unless
Ecology also determines that (a) the viola tion of Water Quality Standards is already
being addressed by a Total Maximum Daily Lo ad or other enforceable water quality
cleanup plan; or (b) Ecology concludes the violation will be eliminated through
implementation of other permit requirements.
3. Adaptive Management Response
a. Within 60 days of receiving a notifica tion under S4.F.2., or by an alternative
date established by Ecology, the Perm ittee shall review its Stormwater
Management Program and submit a report to Ecology. The report shall include:
i. A description of the operational and/or structural BMPs that are currently
being implemented to prevent or redu ce any pollutants that are causing or
contributing to the violation of Water Quality Standards, including a
qualitative assessment of the effectiveness of each BMP.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 9 of 51
Modified June 17, 2009
ii. A description of potentia l additional operational and/or structural BMPs that
will or may be implemented in order to apply AKART on a site-specific
basis to prevent or reduce any pollutant s that are causing or contributing to
the violation of Water Quality Standards.
iii. A description of the potential monitoring or other assessment and evaluation
efforts that will or may be implemented to monitor, assess, or evaluate the
effectiveness of the additional BMPs.
iv. A schedule for implementing the addi tional BMPs including, as appropriate:
funding, training, purchasing, constructi on, monitoring, and other assessment
and evaluation components of implementation.
b. Ecology will, in writing, acknowledge rece ipt of the report within a reasonable
time and notify the Permittee when it exp ects to complete its review of the
report. Ecology will either approve the additional BMPs and implementation
schedule or require the Permittee to m odify the report as needed to meet
AKART on a site-specific basis. If modifications are required, Ecology will
specify a reasonable time frame in which the Permittee shall submit and
Ecology will review the revised report.
c. The Permittee shall implement the additional BMPs, pursuant to the schedule
approved by Ecology, beginning imme diately upon receipt of written
notification of approval.
d. The Permittee shall include with each s ubsequent annual report a summary of
the status of implementation and the re sults of any monitoring, assessment or
evaluation efforts conductedduring th e reporting period. If, based on the
information provided under this s ubsection, Ecology determines that
modification of the BMPs or implemen tation schedule is necessary to meet
AKART on a site-specific basi s, the Permittee shall make such modifications as
Ecology directs. In the event there are ongoing violations of water quality
standards despite the implementation of the BMP approach of this section, the
Permittee may be subject to compliance schedules to eliminate the violation
under WAC 173-201A-510(4) and WAC 173-226-180 or other enforcement
orders as Ecology deems appropriate during the term of this permit.
e. Provided the Permittee is implementing the approved adaptive management
response under this section, the Permittee remains in compliance with Condition
S4., despite any on-going viol ations of Water Quality Standards identified under
S4.F.A or B above.
f. The adaptive management process provide d under Section S.4.F is not intended
to create a shield for the Permittee from any liability it may face under 42
U.S.C. 9601 et seq. or RCW 70.105D.
G. Ecology may modify or revoke and reissue th is General Permit in accordance with G14
General Permit Modification and Revocation , if Ecology becomes aware of additional
control measures, management practices or ot her actions beyond what is required in this
Permit that are necessary to:
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 10 of 51
Modified June 17, 2009
1. Reduce the discharge of pollutants to the MEP,
2. Comply with the state AKART requirements, or
3. Control the discharge of toxicants to waters of the State of Washington.
S5. STORMWATER MANAGEMENT PR OGRAM FOR CITIES, TOWNS AND
COUNTIES
A. Each Permittee shall develop and implement a Stormwater Management Program
(SWMP). A SWMP is a set of actions and activities comprising the components listed
in S5.B. and S5.C.1. through S5.C.5., and any additional actions necessary to meet the
requirements of applicable TMDLs (see S7). The SWMP shall be desi gned to reduce the
discharge of pollutants from the regulated sm all MS4 to the maximum extent practicable
and to protect water quality. This section app lies to all cities, towns and counties covered
under this Permit, including cities, towns and counties that are co-permittees. Where the
term “Permittee” is used in this section th e requirements apply to all cities, towns and
counties covered under this Permit.
1. The SWMP shall be developed and implemented in accordance with the schedules
contained in this section a nd shall be fully developed a nd implemented no later than
180 days prior to the expiration date of th is Permit. At a minimum the Permittee’s
SWMP shall be implemented throughout the geographic area subject to this Permit as
described in S1.A.
2. Each Permittee shall prepare written documentation of the SWMP. The SWMP
documentation shall be organized according to the program components in S5.C. and
shall be updated at least annually for subm ittal with the Permittee’s annual reports to
Ecology (see S9 Reporting and Record Keeping ). The SWMP documentation shall
include:
a. A description of each of the progr am components included in S5.C., and
b. Any additional actions implemented by the Permittee pursuant to S5.C., and
c. Any additional actions necessary to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with Total Maximum Daily Load
Requirements .
3. The SWMP shall include an ongoing progr am for gathering, tracking, maintaining,
and using information to evaluate SWMP development, implementation and permit
compliance and to set priorities.
a. Beginning no later than January 1, 2009, each Permittee shall track the cost or
estimated cost of development and implementation of each component of the
SWMP. This information shall be provided to Ecology upon request.
b. Each Permittee shall track the number of inspections, official enforcement
actions and types of public education activ ities as stipulated by the respective
program component. This information sh all be included in the annual report.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 11 of 51
Modified June 17, 2009
4. The SWMP described herein supersedes SWMP descriptions provided by permit
applicants in individual applications submitted to the Department prior to the
effective date of this permit.
Notwithstanding the schedules for impleme ntation of SWMP components contained
in this permit, Permittees that are alrea dy implementing some or all of the SWMP
components in this section shall continue implementati on of those components of
their SWMP. Permittees shall not repeal existing local requirements to control
stormwater that go beyond the requirements of this permit for new development and
redevelopment sites.
5. Coordination among permittees
a. Coordination among entities cove red under municipal stormwater NPDES
permits may be necessary to comply with certain conditions of the SWMP. The
SWMP should include, when needed, coordination mechanisms among entities
covered under a municipal stormwater NPDES permit to encourage coordinated
stormwater-related policies, programs a nd projects within adjoining or shared
areas.
i. Coordination mechanisms shall clar ify roles and responsibilities for the
control of pollutants between physica lly interconnected MS4s permittees
covered by a municipal stormwater permit.
ii. Coordination mechanisms shall coordinate stormwater management
activities for shared water bodies among permittees to avoid conflicting
plans, policies and regulations.
b. The SWMP should include coordination mechanisms among departments within
each jurisdiction to elimin ate barriers to compliance with the terms of this
permit.
B. The SWMP shall be designed to reduce the discharge of pollutants from regulated small
MS4s to the maximum extent practicable (M EP), meet state AKART requirements, and
protect water quality. Notwithstanding the schedules for implementation of SWMP
components contained in this Permit, permitt ees who are implementing some or all of
the SWMP components in this section sh all continue implementation of those
components of their SWMP.
C. The SWMP shall include the components li sted below. To the extent allowable under
state or federal law, all co mponents are mandatory for city, town or county permittees
covered under this Permit. In accordance with 40 CFR 122.35(a) and Special Condition
S3, a city, town or county may rely on anot her entity to implement one or more of the
components in this section.
1. Public Education and Outreach
The SWMP shall include an education pr ogram aimed at residents, businesses,
industries, elected officials, policy makers, planning staff and other employees of the
Permittee. The goal of the education program is to reduce or eliminate behaviors and
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 12 of 51
Modified June 17, 2009
practices that cause or contribute to a dverse stormwater impacts. An education
program may be developed locally or regionally.
The minimum measures are:
a. No later than two years after the eff ective date of this Permit, the Permittee shall
provide an education and outreach program for the area served by the MS4. The
outreach program shall be designed to ach ieve measurable improvements in the
target audience’s understanding of the problem and what they can do to solve it.
Education and outreach efforts shall be prioritized to target the following
audiences and s ubject areas:
i. General public
• General impacts of stormwater flows into surface waters.
• Impacts from impervious surfaces.
• Source control BMPs and environm ental stewardship actions and
opportunities in the areas of pet waste, vehicle maintenance,
landscaping and buffers.
ii. General public, businesses, including home-based and mobile businesses
• BMPs for use and storage of automotive chemicals, hazardous cleaning
supplies, carwash soaps and ot her hazardous materials.
• Impacts of illicit discharges and how to report them.
iii. Homeowners, landscapers and property managers
• Yard care techniques prot ective of water quality.
• BMPs for use and storage of pesticides and fertilizers.
• BMPs for carpet cleaning and auto repair and maintenance.
• Low Impact Development techniques, including site design, pervious
paving, retention of forests and mature trees.
• Stormwater pond maintenance.
iv. Engineers, contractors, develope rs, review staff and land use planners
• Technical standards for stormwater site and erosion control plans.
• Low Impact Development techniques, including site design, pervious
paving, retention of forests and mature trees.
• Stormwater treatment and flow control BMPs.
b. Each Permittee shall measure the unders tanding and adoption of the targeted
behaviors for at least one targeted audience in at least one subject area. The
resulting measurements shall be used to direct education and outreach resources
most effectively, as well as to evaluate changes in adoption of the targeted
behaviors.
c. Each Permittee shall track and maintain records of public ed ucation and outreach
activities.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 13 of 51
Modified June 17, 2009
2. Public Involvement and Participation
The SWMP shall include ongoing opport unities for public involvement through
advisory councils, watershed committees, par ticipation in developi ng rate-structures,
stewardship programs, environmental activi ties or other similar activities. Each
Permittee shall comply with applicable State and local public notice requirements
when developing their SWMP.
The minimum performance measures are:
a. No later than one year from the effective date of this Permit, all permittees shall
create opportunities for the public to participate in the decision-making
processes involving the development, implementation and update of the
Permittee’s entire SWMP. Each Permittee shall develop and implement a
process for consideration of public comments on their SWMP.
b. Each Permittee shall make their SWMP, the annual report required under S9.A
and all other submittals required by this Permit, available to the public. The
annual report, and SWMP that was submitted with the latest annual report, shall
be posted on the permittee’s website. To comply with the posting requirement, a
permittee that does not maintain a we bsite may submit the updated SWMP in
electronic format to the Department for posting on the Department’s website.
3. Illicit Discharge Detection and Elimination
The SWMP shall include an ongoing program to detect and remove illicit connections
and discharges as defined in 40 CFR 122.26(b )(2), including any spills not under the
purview of another responding authority, in to the municipal separate storm sewers
owned or operated by the Permittee. Perm ittees shall fully implement an ongoing
illicit discharge detection and elimination program no later than 180 days prior to the
expiration date of this Permit.
The minimum performance measures are:
a. A municipal storm sewer system map sha ll be developed no later than four years
from the effective date of this permit. Municipal storm sewer system maps shall
be periodically updated and shall include the following information:
i. The location of all known municipa l separate storm sewer outfalls and
receiving waters and structural st ormwater BMPs owned, operated, or
maintained by the Permittee. Each Permittee shall map the attributes listed
below for all storm sewer outfalls w ith a 24 inch nominal diameter or
larger, or an equivalent cross-sect ional area for non-pipe systems:
• Tributary conveyances (indicate type , material, and size where known).
• Associated drainage areas.
• Land use.
ii. Each Permittee shall initiate a program to develop and maintain a map of all
connections to the municipal separate storm sewer authorized or allowed by
the Permittee after the effective date of this Permit.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 14 of 51
Modified June 17, 2009
iii. Geographic areas served by the Permittee’s MS4 that do not discharge
stormwater to surface waters.
iv. Each Permittee shall make availa ble to Ecology, upon request, municipal
storm sewer system map(s) depicting th e information required in S5.C.3.a.i.
through iii above. The preferred format of submission will be an electronic
format with fully described mapping sta ndards. An example description is
provided on Ecology WebPages unde r Core Services, GIS Data.
v. Upon request, and to the extent a ppropriate, permittees shall provide
mapping information to co-permittees and secondary permittees.
b. Each Permittee shall develop and implement an ordinance or other regulatory
mechanism to effectively prohibit non-stormwater, illicit discharges into the
Permittee’s municipal separate storm se wer system to the maximum extent
allowable under State and Federal law. The ordinance or other regulatory
mechanism shall be adopted no later than 30 months from the effective date of
this Permit.
i. The regulatory mechanism does not need to prohibit the following
categories of non-stormw ater discharges:
• Diverted stream flows.
• Rising ground waters.
• Uncontaminated ground water infi ltration (as defined at 40 CFR
35.2005(20)).
• Uncontaminated pumped ground water.
• Foundation drains.
• Air conditioning condensation.
• Irrigation water from agricultural sources that is commingled with
urban stormwater.
• Springs.
• Water from crawl space pumps.
• Footing drains.
• Flows from riparian habitats and wetlands.
• Non-stormwater discharges c overed by another NPDES permit.
• Discharges from emergency fire fighting activities in accordance with
S2 Authorized Discharges .
ii. The regulatory mechanism shall pr ohibit the following categories of non-
stormwater discharges unless th e stated conditions are met:
• Discharges from potable water sour ces, including 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 volumetrically and ve locity controlled to prevent re-
suspension of sediments in the MS4.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 15 of 51
Modified June 17, 2009
• Discharges from lawn watering and other irrigation runoff. These shall
be minimized through, at a minimum, public education activities (see
section S5.C.1) and water conservation efforts.
• Dechlorinated swimming pool discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and
reoxygenized if necessary, volumetrica lly and velocity controlled to
prevent re-suspension of sedime nts in the MS4. Swimming pool
cleaning wastewater and filter backwash shall not be discharged to the
MS4.
• Street and sidewalk wash water, wate r used to control dust, and routine
external building wash down that does not use detergents. The
Permittee shall reduce these discharg es through, at a minimum, public
education activities (see section S5.C.1.) and/or water conservation
efforts. To avoid washing pollutants into the MS4, Permittees must
minimize the amount of street wash and dust control water used. At
active construction sites, street sweeping must be performed prior to
washing the street.
• Other non-stormwater discharges. The discharges shall be in
compliance with the requirements of a stormwater pollution prevention
plan reviewed by the Permittee, which addresses control of such
discharges.
iii. The Permittee’s SWMP shall, at a minimum, address each category in ii
above in accordance with the conditions stated therein.
iv. The SWMP shall further address any cat egory of discharges in i or ii above
if the discharges are identified as significant sources of pollutants to waters
of the State.
v. The ordinance or other regulatory mechanism shall include escalating
enforcement procedures and actions.
vi. The Permittee shall develop an enforcement strategy and implement the
enforcement provisions of the ordina nce or other regulatory mechanism.
c. Each Permittee shall develop and implement an ongoing program to detect and
address non-stormwater discharges, includi ng spills, and illicit connections into
the Permittee’s municipal separate storm sewer system. The program shall be
fully implemented no later than 180 days prior to the expira tion date of this
Permit and shall include:
i. Procedures for locating priority areas likely to have illicit discharges,
including at a minimum: evalua ting land uses and associated
business/industrial activities present; areas where complaints have been
registered in the past; and areas with storage of large quant ities of materials
that could result in spills.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 16 of 51
Modified June 17, 2009
ii. Field assessment activities, including visual inspection of priority outfalls
identified in i, above, during dry weather and for the purposes of verifying
outfall locations, identifying previ ously unknown outfalls, and detecting
illicit discharges.
• Receiving waters shall be prioritized for visual inspection no later than
three years from the effective date of this Permit, with field assessments
of three high priority water bodies made no later than four years from
the effective date of this Permit. Field assessments on at least one high
priority water body shall be ma de each year thereafter.
• Screening for illicit connections sh all be conducted using: Illicit
Discharge Detection and Eliminati on: A Guidance Manual for Program
Development and Technical Asse ssments, Center for Watershed
Protection, October 2004, or anot her methodology of comparable
effectiveness.
iii. Procedures for characterizing the nature of, and potential public or
environmental threat posed by, any illic it discharges found by or reported to
the Permittee. Procedures shall include detailed instructions for evaluating
whether the discharge must be immediat ely contained and steps to be taken
for containment of the discharge.
Compliance with this provision sha ll be achieved by investigating (or
referring to the appropriate agency ) within 7 days, on average, any
complaints, reports or monitoring info rmation that indicates a potential
illicit discharge, including spills; and immediately investigating (or
referring) problems and violations determined to be emergencies or
otherwise judged to be urgent or severe.
iv. Procedures for tracing the source of an illicit discharge; including visual
inspections, and when necessary, open ing manholes, using mobile cameras,
collecting and analyzing water samples, and/or other detailed inspection
procedures.
v. Procedures for removing the source of the discharge; including notification
of appropriate authoritie s; notification of the pr operty owner; technical
assistance for eliminating the discharge; follow-up inspections; and
escalating enforcement and legal actions if the discharge is not eliminated.
Compliance with this provision sh all be achieved by initiating an
investigation within 21 days of a report or discover y of a suspected illicit
connection to determine the source of the connection, the nature and
volume of discharge through the connec tion, and the party responsible for
the connection. Upon confirmation of th e illicit nature of a storm drain
connection, Permittees shall use th eir enforcement authority in a
documented effort to eliminate the illicit connection w ithin 6 months.
d. Permittees shall inform public employees, businesses, and the general public of
hazards associated with illegal discha rges and improper disposal of waste.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 17 of 51
Modified June 17, 2009
i. No later than 180 days prior to the e xpiration date of this Permit, distribute
appropriate information to target a udiences identified pursuant to S5.C.1.
ii. No later than two years from the eff ective date of this Permit, publicly list
and publicize a hotline or other loca l telephone number for public reporting
of spills and other illicit discharges. Keep a record of calls received and
follow-up actions taken in accordance with S5.C.3.c.ii. through v. above;
include a summary in the annual re port (see section S9 Reporting and
Record Keeping Requirements).
e. Permittees shall adopt and implement procedures for program evaluation and
assessment, including tracking the number and type of illicit discharges,
including spills, identified; inspections made; and any feedback received from
public education efforts. A summary of th is information shall be included in the
Permittee’s annual report (see sectio n S9 Reporting and Recordkeeping
Requirements).
f. Each Permittee will provide appropriate training for municipal field staff on the
identification and reporting of illicit discharges into MS4s.
i. No later than thirty months after the effective date of this Permit, each
Permittee shall ensure that all municipal field st aff who are responsible for
identification, investigation, termin ation, cleanup, and reporting illicit
discharges, including spills , and illicit connections are trained to conduct
these activities. Follow-up training shall be provided as needed to address
changes in procedures, techniques or requirements. Permittees shall
document and maintain records of the training provided and the staff
trained.
ii. No later than three years after the effective date of this Permit, an ongoing
training program shall be developed and implemented for all municipal
field staff, which, as part of their normal job responsibilities, might come
into contact with or otherwise obs erve an illicit discharge or illicit
connection to the storm sewer system shall be trained on the identification
of an illicit discharge/connection, and on the proper procedures for
reporting and responding to the illic it discharge/connection. Follow-up
training shall be provided as needed to address changes in procedures,
techniques or requirements. Perm ittees shall document and maintain
records of the training provide d and the staff trained.
4. Controlling Runoff from New Development, Redevelopment and Construction Sites
Each Permittee shall develop, implement, and enforce a program to reduce pollutants
in stormwater runoff to a regulated small MS4 from new development,
redevelopment and construction site activities. This program shall be applied to all
sites that disturb a land area 1 acre or great er, including projects less than one acre
that are part of a larger common plan of the development or sale. The program shall
apply to private and public developmen t, including roads. The “Technical
Thresholds” in Appendix 1 shall be applied to all sites 1 acre or greater, including
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 18 of 51
Modified June 17, 2009
projects less than one acre that are part of a larger common plan of the development
or sale.
The minimum performance measures are:
a. The program shall include an ordinance or other enforceable mechanism that
addresses runoff from new development, redevelopment, and construction site
projects. Pursuant to S5.A.4., in adop ting this ordinance or other regulatory
mechanism, existing local requirements to apply stormwater controls at smaller
sites, or at lower thresholds than required pursuant to S5.C.4., shall be retained.
The ordinance or other enforceable mechanism shall be adopted and effective no
later than February 16, 2010. The ordinance or other enforceable mechanism
shall include, at a minimum:
i. The Minimum Requirements, techni cal thresholds, and definitions in
Appendix 1 or an equivalent approved by Ecology under the NPDES Phase
I Municipal Stormwater Permit, for ne w development, redevelopment, and
construction sites. Adjustment and vari ance criteria equivalent to those in
Appendix 1 shall be included. More st ringent requirements may be used,
and/or certain requirements may be ta ilored to local circ umstances through
the use of basin plans or other sim ilar water quality and quantity planning
efforts. Such local requirements shal l provide equal protection of receiving
waters and equal levels of pollutant control to those provided in Appendix
1.
ii. A site planning process and BMP sel ection and design criteria that, when
used to implement the minimum requir ements in Appendix 1 (or equivalent
approved by Ecology under the Phase I Permit) will protect water quality,
reduce the discharge of po llutants to the maximum extent practicable and
satisfy the State requirement under Ch apter 90.48 RCW to apply all known,
available and reasonable methods of prevention, control and treatment
(AKART) prior to discharge. Permitte es shall document how the criteria
and requirements will protect water quality, reduce the discharge of
pollutants to the maximum extent practicable, and satisfy State AKART
requirements.
Permittees who choose to use the site planning process and BMP selection
and design criteria in the 2005 Stormwater Management Manual for
Western Washington, or an equivalent manual approved by the Department
under the Phase I Permit, ma y cite this choice as their sole documentation
to meet this requirement.
iii. The legal authority, through the approval process for new development, to
inspect private stormwater facilities that discharge to the Permittee’s MS4.
iv. Provisions to allow non-structural preventive actions and source reduction
approaches such as Low Impact Development Techniques (LID), measures
to minimize the creation of impervious surfaces and measures to minimize
the disturbance of native soils and vegetation. Provisions for LID should
take into account site conditions, acce ss and long term maintenance.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 19 of 51
Modified June 17, 2009
v. If the Permittee chooses to allow construction sites to a pply the “Erosivity
Waiver” in Appendix 1, Minimum Re quirement #2, the ordinance or
regulatory mechanism shall include appropriate, escalating enforcement
sanctions for construction sites that provide notice to the Permittee of their
intention to apply the waiver but do not meet the requirements (including
timeframe restrictions, limits on activ ities that result in non-stormwater
discharges, and implementation of appr opriate BMPs to prevent violations
of water quality standards) to qualify for the waiver.
b. The program shall include a permitting process with plan review, inspection and
enforcement capability to meet the standard s listed in (i) through (iv) below, for
both private and public projects, usin g qualified personnel (as defined in
Definitions and Acronyms ). At a minimum, this program shall be applied to all
sites that disturb a land area 1 acre or greater, including projec ts less than one
acre that are part of a larger common plan of the development or sale. The
process shall be in place no later than February 16, 2010.
i. Except as provided in S5.C.4.b.vii. belo w, review of all stormwater site
plans for proposed development activities.
ii. Except as provided in S5.C.4.b.vii. below, inspect, prior to clearing and
construction, all known development si tes that have a high potential for
sediment transport as determined through plan review based on definitions
and requirements in Appendix 7 Determ ining Construction Site Sediment
Damage Potential.
iii. Except as provided in S5.C.4.b.vii. below, inspect all known permitted
development sites during construction to verify proper installation and
maintenance of required erosion and sediment controls. Enforce as
necessary based on the inspection.
iv. Inspect all permitted development sites upon completion of construction
and prior to final approval or occupa ncy to ensure proper installation of
permanent stormwater controls such as stormwater facilities and structural
BMPs. Also, verify a maintenance plan is completed and responsibility for
maintenance is assigned. Enforce as necessary based on the inspection.
v. Compliance with the inspection requir ements in (ii), (i ii) and (iv) above
shall be determined by the presen ce and records of an established
inspection program designed to inspect all sites. Compliance during this
permit term shall be determined by achieving at least 80% of scheduled
inspections.
vi. An enforcement strategy shall be developed and implemented to respond to
issues of non-compliance.
vii. If the Permittee chooses to allow c onstruction sites to a pply the “Erosivity
Waiver” in Appendix 1, Minimum Requirement #2, the Permittee is not
required to review the construction stormwater pollution prevention plans
as part of the site plan review in (i ) above, and is not required to perform
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 20 of 51
Modified June 17, 2009
the construction phase inspect ions identified in (ii) a nd (iii) above related to
construction sites which are eligible for the erosivity waiver.
c. The program shall include provisions to verify adequate long-term operation and
maintenance (O&M) of post-construction stormwater facilities and BMPs that
are permitted and constructed pursuant to (b) above. These provisions shall be
in place no later than Februa ry 16, 2010 and shall include:
i. Adoption of an ordinance or othe r enforceable mechanism that clearly
identifies the party responsible for maintenance, requires inspection of
facilities in accordance with the requirem ents in (ii) through (iv) below, and
establishes enforcement procedures.
ii. Each Permittee shall establish maintenance standards that are as protective
or more protective of fac ility function than those specified in Chapter 4 of
Volume V of the 2005 Stormwater Management Manual for Western
Washington . For facilities which do not ha ve maintenance standards, the
Permittee shall develop a maintenance standard.
(1) The purpose of the maintenance standard is to determine if
maintenance is required. The main tenance standard is not a measure
of the facilities required condition at all times between inspections.
Exceeding the maintenance standard between the period of inspections
is not a permit violation.
(2) Unless there are circumstances beyond the Permittee’s control, when
an inspection identifies an exceed ence of the maintenance standard,
maintenance shall be performed:
• Within 1 year for typical maintenance of facilities, except catch
basins.
• Within 6 months for catch basins.
• Within 2 years for maintenance that requires capital construction
of less than $25,000.
Circumstances beyond the Permittee’s control include denial or delay
of access by property owners, denial or delay of necessary permit
approvals, and unexpected realloca tions of maintenance staff to
perform emergency work. For each exceedence of the required
timeframe, the Permittee must document the circumstances and how
they were beyond their control.
iii. Annual inspections of all stormwater treatment and flow control facilities
(other than catch basins) permitted by the Permittee according to S5.C.4.b.
unless there are maintenance records to justify a different frequency. The
Permittee shall take appropriate mainte nance actions in accordance with the
adopted maintenance standards.
Reducing the inspection frequency sha ll be based on maintenance records
of double the length of time of the pr oposed inspection frequency. In the
absence of maintenance records, th e Permittee may substitute written
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 21 of 51
Modified June 17, 2009
statements to document a specific le ss frequent inspection schedule.
Written statements shall be based on actual inspection and maintenance
experience and shall be certif ied in accordance with G19 Certification and
Signature .
iv. Inspections of all new flow control and water quality tr eatment facilities,
including catch basins, for new residentia l developments that are a part of a
larger common plan of development or sale, every 6 months during the
period of heaviest house construc tion (i.e., 1 to 2 years following
subdivision approval) to identify maintenance needs and enforce
compliance with maintenance standards as needed.
d. The program shall include a procedure for keeping records of inspections and
enforcement actions by staff, including inspection reports, warning letters,
notices of violations, and other enforcem ent records. Records of maintenance
inspections and maintenance activities shall be maintained. Permittees shall keep
records of all projects disturbing more than one acre, and all projects of any size
that are part of a common plan of devel opment or sale that is greater than one
acre that are approved after the e ffective date of this Permit.
e. The program shall make available c opies of the "Notice of Intent for
Construction Activity" a nd copies of the "Notice of Intent for Industrial
Activity" to representatives of proposed new development and redevelopment.
Permittees will continue to enforce local ordinances controlling runoff from sites
that are also covered by stormw ater permits issued by Ecology.
f. No later than February 16, 2010, each Permittee shall verify that all staff
responsible for implementing the progra m to control stormwater runoff from
new development, redevelopment, and construction sites, including permitting,
plan review, construction site inspecti ons, and enforcement, are trained to
conduct these activities. Follow-up training shall be provided as needed to
address changes in procedures, techniques or staffing. Permittees shall
document and maintain records of the training provided and the staff trained.
5. Pollution Prevention and Operation and Maintenance for Municipal Operations
Within three years of the effective date of this Permit, each Permittee shall develop
and implement an operations and mainte nance (O&M) program that includes a
training component and has the ultimate goal of preventing or reducing pollutant
runoff from municipal operations.
The minimum performance measures are:
a. Each Permittee shall establish maintenan ce standards that are as protective, or
more protective, of facility function than those specified in Chapter 4 of Volume
V of the 2005 Stormwater Management Manual for Western Washington . For
facilities which do not have maintenance standards, the Permittee shall develop a
maintenance standard.
i. The purpose of the maintenance standard is to determine if maintenance is
required. The maintenance standard is not a measure of the facilities
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 22 of 51
Modified June 17, 2009
required condition at all times betw een inspections. Exceeding the
maintenance standard between inspections and/or maintenance is not a
permit violation.
ii. Unless there are circumstances beyond the Permittees control, when an
inspection identifies an exceedence of the maintenance standard,
maintenance shall be performed:
• Within 1 year for typical maintenance of facilities, except catch basins.
• Within 6 months for catch basins.
• Within 2 years for maintenance that requires capital construction of less
than $25,000.
Circumstances beyond the Permittee’s control include denial or delay of
access by property owners, denial or de lay of necessary permit approvals,
and unexpected reallocations of main tenance staff to perform emergency
work. For each exceedence of the required timeframe, the Permittee shall
document the circumstances and how th ey were beyond their control.
b. Annual inspection of all municipally owned or opera ted permanent stormwater
treatment and flow control facilities , other than catch basins, and taking
appropriate maintenance actions in acco rdance with the adopted maintenance
standards. The annual inspection re quirement may be reduced based on
inspection records.
Reducing the inspection frequency shall be based on maintenance records of
double the length of time of the proposed inspection frequency. In the absence
of maintenance records, the Permittee may substitute written statements to
document a specific less frequent inspection schedule. Written statements shall
be based on actual inspection and maintena nce experience and shall be certified
in accordance with G19 Certification and Signature .
c. Spot checks of potentially damaged permanent treatment and flow control
facilities (other than catch basins) after major (greater than 24-hour-10-year
recurrence interval rainfall) storm events . If spot checks indicate widespread
damage/maintenance needs, inspect all st ormwater treatment and flow control
facilities that may be affected. Conduct repairs or take appropriate maintenance
action in accordance with maintenance st andards established above, based on the
results of the inspections.
d. Inspection of all catch basins and inlets owned or operated by the Permittee at
least once before the end of the permit term . Clean catch basins if the inspection
indicates cleaning is needed to comply with maintenance standards established
in the 2005 Stormwater Management Manual for Western Washington . Decant
water shall be disposed of in accordance with Appendix 6 Street Waste Disposal .
Inspections may be conducted on a “circu it basis” whereby a sampling of catch
basins and inlets within each circuit is inspected to identify maintenance needs.
Include in the sampling an inspection of the catch basi n immediately upstream of
any system outfall. Clean all catch basi ns within a given circuit for which the
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 23 of 51
Modified June 17, 2009
inspection indicates cleaning is needed to comply with maintenance standards
established under S5.C.4.c., above.
As an alternative to inspecting catch basins on a “circuit basis,” the Permittee
may inspect all catch basins, and clea n only catch basins where cleaning is
needed to comply with maintenance standards.
e. Compliance with the inspection requir ements in b, c and d above shall be
determined by the presence of an established inspection program designed to
inspect all sites. Compliance during this permit term shall be determined by
achieving an annual rate of at least 95 % of inspections no later than 180 days
prior to the expiration date of this permit.
f. Establishment and implementation of practices to reduce stormwater impacts
associated with runoff from streets, pa rking lots, roads or highways owned or
maintained by the Permittee, and road maintenance activitie s conducted by the
Permittee. The following activities shall be addressed:
• Pipe cleaning
• Cleaning of culverts that conve y stormwater in ditch systems
• Ditch maintenance
• Street cleaning
• Road repair and resurfacing, including pavement grinding
• Snow and ice control
• Utility installation
• Pavement striping maintenance
• Maintaining roadside areas, in cluding vegetation management
• Dust control
g. Establishment and implementation of policies and procedures to reduce
pollutants in discharges fr om all lands owned or maintained by the Permittee and
subject to this Permit, including but not limited to: parks, open space, road right-
of-way, maintenance yards, and stormwater treatment and flow control facilities.
These policies and procedures sha ll address, but are not limited to:
• Application of fertilizer, pesticid es, and herbicides including the
development of nutrient management and integrated pest management plans.
• Sediment and erosion control.
• Landscape maintenance and vegetation disposal.
• Trash management.
• Building exterior cleaning and maintenance.
h. Develop and implement an on-going tr aining program for employees of the
Permittee whose construction, operations or maintenance job functions may
impact stormwater quality. The training program shall address the importance of
protecting water quality, the requirem ents of this Permit, operation and
maintenance standards, inspection proce dures, selecting appropriate BMPs, ways
to perform their job activities to preven t or minimize impacts to water quality,
and procedures for reporting water qual ity concerns, including potential illicit
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 24 of 51
Modified June 17, 2009
discharges. Follow-up traini ng shall be provided as n eeded to address changes
in procedures, techniques or requirements. Permittees shall document and
maintain records of training provided.
i. Development and implementation of a Stormwater Pollution Prevention Plan
(SWPPP) for all heavy equipment maintena nce or storage yards, and material
storage facilities owned or operated by the Permittee in areas subject to this
Permit that are not required to have coverage under the General NPDES Permit
for Stormwater Discharges Associated with Industrial Activities or another
NPDES permit that covers stormwater discharges associated with the activity.
Implementation of non-structural BMPs shall begin immediately after the
pollution prevention plan is developed. A schedule for implementation of
structural BMPs shall be included in th e SWPPP. Generic SWPPPs that can be
applied at multiple sites may be used to comply with this requirement. The
SWPPP shall include periodic visual observation of discharges from the facility
to evaluate the effectiveness of the BMP.
j. Records of inspections and maintena nce or repair activities conducted by the
Permittee shall be maintained in accordance with S9 Reporting Requirements .
S6. STORMWATER MANAGEMEN T PROGRAM FOR SECONDARY
PERMITTEES
A. This section applies to all secondary pe rmittees, whether coverage under this Permit is
obtained individually or as a co-permittee with a city, town or county or another
secondary permittee.
1. To the extent allowable under state, fe deral or local law, all components are
mandatory for each Secondary Permittee covered under this Permit, whether
covered as an individual pe rmittee or as a co-permittee.
2. Each Secondary Permittee shall develop and implement a stormwater management
program (SWMP). The SWMP shall be designed to reduce the discharge of
pollutants from regulated small MS4s to the maximum extent practicable and
protect water quality.
3. Unless an alternate implementation sc hedule is established by Ecology as a
condition of permit coverage, the SWMP sh all be developed and implemented in
accordance with the schedules contained in th is section and shall be fully developed
and implemented no later than180 days before the expiration date of this Permit.
Notwithstanding the schedules in this Perm it, secondary permittees that are already
implementing some or all of the requ ired SWMP components shall continue
implementation of those components.
4. Secondary permittees may implement parts of their SWMP in accordance with the
schedule for cities, towns and counties in S5, provided they have signed a
memorandum of understanding or other agreem ent to jointly implement the activity
or activities with one or more jurisdictions listed in S1.D.2.a., and submitted a copy
of the agreement to Ecology.
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January 17, 2007 Page 25 of 51
Modified June 17, 2009
5. Each Secondary Permittee shall prepare wr itten documentation of the SWMP. The
SWMP documentation shall be organized ac cording to the program components in
S6.D below and shall be updated at least annually for submittal with the Permittee’s
annual reports to Ecology (see S9 Reporting Requirements ). The SWMP
documentation shall include:
a. A description of each of the progr am components included in S6.D.1. through
S6.D.6., and
b. Any additional actions necessary to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with Total Maximum Daily Load
Requirements .
B. Coordination
The SWMP shall include mechanisms to en courage coordinated stormwater-related
policies, programs and projects within a watershed and interconnected MS4s. Where
relevant and appropriate, the SWMP shall also include coordination among
departments of the Secondary Permittee to ensure compliance with the terms of this
Permit.
C. Legal Authority
To the extent allowable under state law and federal law, each Secondary Permittee shall
be able to demonstrate that they can operate pursuant to legal authority which
authorizes or enables the Secondary Perm ittee to control discharges to and from
municipal separate storm sewers owned or operated by the Secondary Permittee.
This legal authority may be a combination of statutes, ordinances, permits, contracts,
orders, interagency agreements , or similar instruments.
D. Stormwater Management Progr am for Secondary Permittees
The term “Secondary Permittees” means draina ge, diking, flood control, or diking and
drainage districts, ports (oth er than the ports of Seattle and Tacoma), public colleges
and universities, and any other owners or ope rators of municipal separate storm sewers
located within the municipalities that are listed as permittees in S1.B.
SWMP components
1. Public Education and Outreach
Each Secondary Permittee shall implemen t the following stormwater education
strategies:
a. Storm drain inlets owned and opera ted by the Secondary Permittee that are
located in maintenance yards, in parking lots, along sidewalks, and at pedestrian
access points shall be clearly and perman ently labeled with the message “Dump
no waste” and indicating the point of di scharge as a river, lake, bay, or
groundwater.
i. No later than three years from th e date of permit coverage, at least 50
percent of these inlets shall be labeled.
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January 17, 2007 Page 26 of 51
Modified June 17, 2009
ii. No later than 180 days prior expi ration date of this Permit, or as
established as a condition of coverage by Ecology, all of these inlets shall
be labeled.
iii. As identified during visual inspection and regular maintenance of storm
drain inlets per the requirements of S6.D.3.d. and S6.D.6.a.i. below, or as
otherwise reported to the Secondary Permittee, any inlet having a label
that is no longer clearly vi sible and/or easily readable shall be re-labeled
within 90 days.
b. Each year beginning no later than three years from the date of permit coverage,
public ports, colleges and uni versities shall distribute e ducational information to
tenants and residents on the impact of stormwater discharges on receiving
waters, and steps that can be taken to re duce pollutants in stormwater runoff.
Different combinations of topics shall be addressed each year, and, before the
expiration date of this Permit, where rele vant, tenants and resi dents shall receive
educational information about the following topics:
i. How stormwater runoff affects local waterbodies
ii. Proper use and application of pesticides and fertilizers
iii. Benefits of using well-adapted vegetation
iv. Alternative equipment washing prac tices including cars and trucks that
minimize pollutants in stormwater
v. Benefits of proper vehicle mainte nance and alterna tive transportation
choices; proper handling and disposal of vehicle wastes, including the
location of hazardous waste colle ction facilities in the area
vi. Hazards associated w ith illicit connections
vii. Benefits of litter control and proper disposal of pet waste
Compliance with this requirement can be achieved through participation in the
local jurisdiction’s public edu cation and outreach programs.
2. Public Involvement and Participation
No later than 180 days before the expiration da te of this Permit, or as established as
a condition of coverage by the Ecol ogy, each Secondary Permittee shall:
a. Publish a public notice in the local newspaper or on the Permittee’s website and
solicit public review of their SWMP.
b. Make the latest updated ve rsion of the SWMP availabl e to the public. If the
Secondary Permittee maintains a website , the SWMP shall be posted on the
Secondary Permittee’s website.
3. Illicit Discharge Detection and Elimination
Each Secondary Permittee shall:
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January 17, 2007 Page 27 of 51
Modified June 17, 2009
a. From the date of permit coverage, comp ly with all relevant ordinances, rules,
and regulations of the local jurisdiction(s) in which the Secondary Permittee is
located that govern non-stormwater discharges.
b. No later than one year from the date of permit coverage, develop and adopt
appropriate policies prohibiting illic it discharges, and identify possible
enforcement mechanisms for those policies. No later than eighteen months
from the date of permit coverage, develop and implement an enforcement plan
using these mechanisms to ensure comp liance with illicit discharge policies.
These policies shall address, at a minimum: illicit connections and non-
stormwater discharges, including spills of hazardous materials and improper
disposal of pet waste and litter.
i. Non-stormwater discharges cove red by another NPDES permit and
discharges from emergency fire fighti ng activities are allowed in the MS4 in
accordance with S2 Authorized Discharges .
ii. The policies do not need to prohib it the following categories of non-
stormwater discharges:
• Diverted stream flows
• Rising ground waters
• Uncontaminated ground water infi ltration (as defined at 40 CFR
35.2005(20))
• Uncontaminated pumped ground water
• Foundation drains
• Air conditioning condensation
• Irrigation water from agricultural sour ces that is commi ngled with urban
stormwater
• Springs
• Water from crawl space pumps
• Footing drains
• Flows from riparian habitats and wetlands
iii. The policies shall prohibit the follo wing categories of non-stormwater
discharges unless the stat ed conditions are met:
• Discharges from potable water sour ces, including 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 volumetrically and velocity controlled to prevent
resuspension of sediments in the MS4.
• Discharges from lawn watering a nd other irrigation runoff. These
discharges shall be minimized through, at a minimum, public education
activities and water conservation efforts conducted by the Secondary
Permittee and/or the local jurisdiction.
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January 17, 2007 Page 28 of 51
Modified June 17, 2009
• Dechlorinated swimming pool discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and
reoxygenated if necessary, and volumetri cally and velocity controlled to
prevent resuspension of sediments in the MS4. Swimming pool cleaning
wastewater and filter backwash shall not be discharged to the MS4.
• Street and sidewalk wash water, wate r used to control dust, and routine
external building wash down that does not use detergents. The
Secondary Permittee shall reduce these discharges through, at a
minimum, public education activities and/or water conservation efforts
conducted by the Secondary Permittee and/or the local jurisdiction. To
avoid washing pollutants into the MS4, the Secondary Permittee shall
minimize the amount of street wash and dust control water used. At
active construction sites, street sweeping shall be performed prior to
washing the street.
• Other non-stormwater discharges sh all be in comp liance with the
requirements of a stormwater polluti on prevention plan reviewed by the
Permittee which addresses control of such discharges.
iv. The Secondary Permittee’s SWMP shall, at a minimum, address each
category in iii above in accordance with the conditions stated therein.
v. The SWMP shall further address any categ ory of discharges in ii or iii above
if the discharge is identified as a significant source of pollutants to waters of
the State.
c. No later than 180 days before the ex piration date of this Permit, or as
established as a conditio n of coverage by Ecology, develop a storm sewer
system map showing the locations of all known storm drain outfalls, labeled
receiving waters and delineated areas c ontributing runoff to each outfall. Make
the map (or completed portions of th e map) available on request to the
Department and/or to other Permittees or Secondary Permittees. The preferred,
but not required, format of submission w ill be an electronic format with fully
described mapping standards. An example description is provided on Ecology
WebPages.
d. Conduct field inspections and visually insp ect for illicit discharges at all known
outfalls that discharge to surface waters. Visually inspect at least one third (on
average) of all known outfalls each year beginning no later than two years from
the date of permit coverage. Develop a nd implement procedures to identify and
remove any illicit discharges. Keep records of inspections and follow-up
activities.
e. No later than 180 days before the ex piration date of this Permit, or as
established as a condition of coverage by the Ecology, develop and implement a
spill response plan that includes coordination with a qualified spill responder.
f. No later than two years from permit coverage date, provide staff training or
coordinate with existing tr aining efforts to educate re levant staff on proper best
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 29 of 51
Modified June 17, 2009
management practices for preventing ill icit discharges, including spills. All
relevant staff shall be trained.
4. Construction Site Stormwater Runoff Control
From the date of permit coverage, each Secondary Permittee shall:
a. Comply with all relevant ordinances , rules, and regulations of the local
jurisdiction(s) in which the Seconda ry Permittee is located that govern
construction phase stormwater pollution prevention measures.
b. For all construction projects under th e control of the Secondary Permittee
which, require a construction stormwater permit, Secondary Permittees shall
obtain coverage under the NPDES Genera l Permit for Stormwater Discharges
Associated with Construction Activities or an alternative individual NPDES
permit prior to discharging cons truction related stormwater.
c. Coordinate with the local jurisdiction regarding projects owned and operated by
other entities which discharge into the Secondary Permittee’s MS4, to assist the
local jurisdiction with achieving complian ce with all relevant ordinances, rules,
and regulations of the local jurisdiction(s).
d. Provide training or coordinate with exis ting training efforts to educate relevant
staff in erosion and sediment control BM Ps and requirements, or hire trained
contractors to perform the work.
e. Coordinate as requested with the Depart ment or the local jurisdiction to provide
access for inspection of construction sites or other land disturbances, which are
under the control of the Secondary Perm ittee during the active grading and/or
construction period.
5. Post-Construction Stormwater Mana gement for New Development and
Redevelopment
From the date of permit coverage, each Secondary Permittee shall:
a. Comply with all relevant ordinan ces, rules and regulations of the local
jurisdiction(s) in which the Secondary Permittee is located that govern post-
construction stormwater pollution prevention measures.
b. Coordinate with the local jurisdiction regarding projects owned and operated by
other entities which discharge into the Secondary Permittee’s MS4, to assist the
local jurisdiction with achieving complian ce with all relevant ordinances, rules,
and regulations of the local jurisdiction(s).
6. Pollution Prevention and Good Housek eeping for Municipal Operations
Each Secondary Permittee shall:
a. No later than three years from th e date of permit coverage, develop and
implement a municipal operation and ma intenance (O&M) plan to minimize
stormwater pollution from activities c onducted by the Secondary Permittee.
The O&M Plan shall include appropr iate pollution prevention and good
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 30 of 51
Modified June 17, 2009
housekeeping procedures for all of the fo llowing operations, ac tivities, and/or
types of facilities that ar e present within the Secondary Permittee’s boundaries.
i. Stormwater collection and conveyan ce system, including catch basins,
stormwater sewer pipes, open channels , culverts, structural stormwater
controls, and structural r unoff treatment and/or flow control facilities. The
O&M Plan shall address, but is not limited to: scheduled inspections and
maintenance activities, including clea ning and proper disposal of waste
removed from the system. Secondary Permittees shall properly maintain
stormwater collection and conveyan ce systems owned or operated by the
Secondary Permittee and regularly inspect and maintain all structural post-
construction stormwater BMPs to ensure facility function.
For facilities located in Western Wa shington, Secondary Permittees shall
establish maintenance standards that are as protective or more protective of
facility function than those specified in Chapter 4 Volume V of the 2005
Stormwater Management Manua l for Western Washington,
For facilities located in Eastern Wa shington, Secondary Permittees shall
establish maintenance standards that are as protective or more protective of
facility function than those specifi ed in Chapters 5, 6 and 8 of the
Stormwater Management Manual for Eastern Washington (2004),
Secondary Permittees shall conduct spot checks of stormwater treatment and
flow control facilities following a 24 hour storm event with a 10-year or
greater recurrence interval.
ii. Roads, highways, and parking lots. Th e O&M Plan shall address, but is not
limited to: deicing, anti-icing, and snow removal practices; snow disposal
areas; material (e.g. salt, sand, or othe r chemical) storage areas; all-season
BMPs to reduce road and parking lo t debris and other pollutants from
entering the MS4.
iii. Vehicle fleets. The O&M Plan shall addr ess, but is not limited to: storage,
washing, and maintenance of Seconda ry Permittee vehicle fleets; and
fueling facilities. Secondary Perm ittees shall conduct all vehicle and
equipment washing and maintenance in a self-contained co vered building or
in designated wash and/or maintenance areas.
iv. External building maintenance. The O&M Plan shall address, building
exterior cleaning and maintenance in cluding cleaning, washing, painting and
other maintenance activities.
v. Parks and open space. The O&M Plan shall address, but is not limited to:
proper application of fertilizer, pes ticides, and herbicides; sediment and
erosion control; BMPs for landscape maintenance and vegetation disposal;
and trash management.
vi. Material storage areas, heavy equipment storage areas, and maintenance
areas. Secondary Permittees shall develop and implement a Stormwater
Pollution Prevention Plan to protect wate r quality at each of these facilities
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 31 of 51
Modified June 17, 2009
owned or operated by the Secondary Permittee and not covered under the
General NPDES Permit for Stormwater Discharges Associated with
Industrial Activities or u nder another NPDES permit that covers stormwater
discharges associated with the activity.
vii. Other facilities that would reas onably be expected to discharge
contaminated runoff. The O&M Plan shall address proper stormwater
pollution prevention practices for each facility.
b. From the date of coverage under this Permit, Secondary Permittees shall also
have permit coverage for all facilities operated by the Secondary Permittee that
are required to be covered under the General NPDES Permit for Stormwater
Discharges Associated with Industrial Activities.
c. The O&M Plan shall include sufficien t documentation and records as necessary
to demonstrate compliance with the O&M Plan requirements in S6.D.6.a.i
through vii above.
d. Train all employees whose construction, operations, or maintenance job
functions may impact stormwater qu ality. The training shall address:
i. The importance of protecting water quality,
ii. The requirements of this Permit,
iii. Operation and maintenance requirements,
iv. Inspection procedures,
v. Ways to perform their job activities to prevent or minimize impacts to water
quality, and
vi. Procedures for reporting water quality concerns, including potential illicit
discharges.
S7. COMPLIANCE WITH TOTAL M AXIMUM DAILY LOAD REQUIREMENTS
The following requirements apply if an appli cable Total Maximum Daily Load (TMDL) is
approved for stormwater discharges from MS4s owned or operated by the Permittee.
Applicable TMDLs are TMDLs which have be en approved by EPA on or before the date
permit coverage is granted.
A. For applicable TMDLs listed in Appendix 2, affected permittees shall comply with the
specific requirements identified in Appendix 2. Each Permittee shall keep records of all
actions required by this Permit that are re levant to applicable TMDLs within their
jurisdiction. The status of the TMDL implem entation shall be incl uded as part of the
annual report submitted to Ecology.
Where monitoring is required in Appendix 2, the Permittee shall conduct the monitoring
according to a Quality Assurance Project Plan (QAPP) approved by Ecology.
B. For applicable TMDLs not listed in A ppendix 2, compliance with this Permit shall
constitute compliance with those TMDLs.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 32 of 51
Modified June 17, 2009
C. For TMDLs that are approved by EPA after th is Permit is issued, Ecology may establish
TMDL related permit requirements through future permit modification if Ecology
determines implementation of actions, monito ring or reporting necessary to demonstrate
reasonable further progress toward achievi ng TMDL waste load allocations, and other
targets, are not occurring and shall be impl emented during the term of this Permit or
when this Permit is reissued. Permittees are encouraged to participate in development of
TMDLs within their jurisdiction a nd to begin implementation.
S8. MONITORING
A. Permittees are not required to conduct wa ter sampling or other testing during the
effective term of this Permit, with the following exceptions:
1. Any water quality monitoring required fo r compliance with TMDLs, pursuant to
section S7 Compliance with Total Maximum Daily Load Requirements and
Appendix 2 of this Permit, and
2. Any sampling or testing required for charac terizing illicit discharges pursuant to
section S5.C.3. or S6.D.3. of this Permit.
B. The Permittee shall provide the following information in each annual report:
1. A description of any stormwater monito ring or studies conducted by the Permittee
during the reporting period. If stormwater monitoring was conducted on behalf of
the Permittee, or if studies or investigations conducted by other entities were
reported to the Permittee, a brief description of the type of information gathered or
received shall be included in the annual report(s) covering the time period(s) the
information was received.
2. An assessment of the appropriateness of the BMPs identified by the Permittee for
each component of the SWMP; and any changes made, or anticipated to be made, to
the BMPs that were previously select ed to implement the SWMP, and why.
3. Information required pursuant to S8.C.2. below.
C. Preparation for future , long-term monitoring
This section does not apply to secondary pe rmittees. However, secondary permittees are
required to provide information, maps and acce ss for sampling efforts, as necessary.
Secondary permittees are encouraged to participate in the monitoring program.
1. All cities, towns and counties shall prepare to participate in the implementation of a
comprehensive long-term monitoring program. The monitoring program will
include two components: stormwater monitoring and targeted Stormwater
Management Program (SWMP) effectivene ss monitoring. Stormwater monitoring is
intended to characterize stormwater runoff quantity and quality at a limited number
of locations in a manner that allows analys is of loadings and changes in conditions
over time and generalization across the permittees’ jurisdictions. Stormwater
program effectiveness monitoring is intend ed to improve stormwater management
efforts by evaluating issues that significantly affect the success of, or confidence in,
stormwater controls. The monitoring pr ogram can include long-term monitoring
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 33 of 51
Modified June 17, 2009
and short-term studies. The results of the monitoring program will be used to
support the adaptive management process and lead to refinements of the SWMP.
a. Stormwater monitoring
Cities having a population greater than 10,000 and counties having a population
greater than 25,000 shall identify sites fo r long-term stormwater monitoring.
Adequate sites will be those completely mapped as required in S5.C.3.a. and be
suitable for permanent installation and operation of flow-weighted composite
sampling equipment. No later than December 31, 2010:
i. Each county having a population gr eater than 100,000 shall identify three
outfalls or conveyances where stormw ater sampling could be conducted.
One outfall or conveyance shall repres ent commercial land use, the second
shall represent low-density residential land use and the third will represent
medium-to-high density residential land use.
ii. Each city having a population greater th an 75,000 shall identify three outfalls
or conveyances where stormwater sampling could be conducted. One outfall
or conveyance shall represent commercial land use, the second shall
represent high-density residential land use and the third will represent
industrial land use.
iii. Each county having a population between 25,000 and 100,000 shall identify
two outfalls or conveyances where stor mwater sampling could be conducted.
One outfall shall represent commercial land use and the second one will
represent low-density re sidential land use.
iv. Each city having a population be tween 10,000 and 75,000 shall identify two
outfalls or conveyances where stormw ater sampling could be conducted.
One outfall shall represent commercial land use and the second will
represent high-density residential land use.
v. Permittees shall select outfalls or conveyances based on known water quality
problems and/or targeted areas of interest for future monitoring. The
Permittee shall document:
• Why sites were selected;
• Possible site constraints for inst allation of and access to monitoring
equipment;
• A brief description of the contribut ing drainage basin including size in
acreage, dominant land use, a nd other contributing land uses;
• Any water quality concerns in th e receiving water of each selected
outfall or conveyance.
b. SWMP effectiveness monitoring
i. Each city, town and county shall prep are to conduct monitoring to determine
the effectiveness of the Permittee’s SW MP at controlling stormwater-related
problems that are directly addresse d by actions in the SWMP. This
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 34 of 51
Modified June 17, 2009
component of the monitoring program shall be designed to answer the
following types of questions:
• How effective is a targeted acti on or narrow suite of actions?
• Is the SWMP achieving a targeted environmental outcome?
ii. No later than December 31, 2010, each c ity, town and county shall identify
at least two suitable questions and se lect sites where monitoring will be
conducted. This monitoring shall in clude, at a minimum, plans for
stormwater, sediment or receiving wa ter monitoring of physical, chemical
and/or biological characteristics. This mon itoring may also include data
collection and analysis of other measures of program effectiveness, problem
identification and characterizing di scharges for planning purposes.
iii. For each question, the Permittee shall develop a monitoring plan containing
the following elements:
• A statement of the question, an explan ation of how and why the issue is
significant to the Permittee, and a discussion of whether and how the
results of the monitoring may be significant to other MS4s.
• A specific hypothesis about the issue or management actions that will
be tested.
• Specific parameters or attributes to be measured.
• Expected modifications to mana gement actions depending on the
outcome of hypothesis testing.
2. Monitoring program reporting requirements
a. The fourth annual report shall:
i. Describe the status of identificati on of sites for stormwater monitoring, if
required for the Permittee.
ii. Include a summary of proposed que stions for the SW MP effectiveness
monitoring and describe the status of developing the monitoring plan,
including the proposed purpose, design, and methods.
b. To comply with the requirements of all or part(s) of this section, permittees in a
single Urbanized Area or WRIA may choos e to submit a collaborative report or
reports in lieu of separate reports.
S9. REPORTING REQUIREMENTS
A. No later than March 31 of each year beginning in 2008, each Permittee shall submit an
annual report. The reporting period for the fi rst annual report will be from the effective
date of this permit through December 31, 2007. The reporting period for all subsequent
annual reports will be the previous calendar year.
B. Two printed copies and an electronic (P DF) copy of each document shall be submitted to
Ecology. All submittals shall be delivered to:
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 35 of 51
Modified June 17, 2009
Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
C. Each Permittee is required to keep all reco rds related to this permit and the SWMP for at
least five years. Except for the requirements of the annua l reports described in this
permit, records shall be submitted to Ecology only upon request,
D. Each Permittee shall make all records related to this permit and the Permittee’s SWMP
available to the public at reasonable time s during business hours. The Permittee will
provide a copy of the most recent annual repo rt to any individual or entity, upon request.
1. A reasonable charge may be assessed by the Permittee for making photocopies of
records.
2. The Permittee may require reasonable advanc e notice of intent to review records
related to this Permit.
E. The annual report for citi es, towns, and counties
Each annual report shall include the following:
1. A copy of the Permittee’s current Stormwater Management Program as required by
S5.A.2.
2. Submittal of Appendix 3 – Annual Report Form for Cities, Towns, and Counties,
which is intended to summarize the Permittees compliance with the conditions of
this permit, including:
a. Status of implementation of each co mponent of the SWMP in section S5
Stormwater Management Program for Cities, Towns and Counties .
b. An assessment of the Permittee’s progress in meeting the minimum
performance standards established for each of the minimum control measures of
the SWMP.
c. A description of activities being impl emented to comply with each component
of the SWMP, including the number and type of inspections, enforcement
actions, public education and involvement activities, and illicit discharges
detected and eliminated.
d. The Permittee’s SWMP implementation schedule and plans for meeting permit
deadlines, and the status of SWMP implementation to date. If permit deadlines
are not met, or may not be met in the future, include: reasons why, corrective
steps taken and proposed, and expected da tes that the deadlines will be met.
e. A summary of the Permittee’s evaluati on of their SWMP, according to sections
S5.A.4. and S8.B.2.
f. If applicable, notice th at the MS4 is relying on an other governmental entity to
satisfy any of the obligations under this permit.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 36 of 51
Modified June 17, 2009
g. Updated information from the prior annual report plus any new information
received during the reporting pe riod, pursuant to S8.B.2. above.
h. Certification and signature pursuant to G19.D, and notification of any changes
to authorization pursuant to G19.C.
3. Permittees shall include with the annual report, notification of any annexations,
incorporations or jurisdic tional boundary changes resu lting in an increase or
decrease in the Permittee’s geographic ar ea of permit coverage during the reporting
period, and implications for the SWMP.
4. Permittees shall include with the annual report submitted no later than March 31,
2011 information that at a minimum includes:
a. A summary of identified barriers to th e use of low impact development (LID)
within the area covered by the permit and measures to address the barriers. Each
individual Permittee must complete this summary.
b. A report completed by an individual Permittee or in cooperation with multiple
Permittees describing, at a minimum:
i. LID practices that are currently available and that can reasonably be
implemented within this permit term.
ii. Potential or planned non-structural actions and LID tec hniques to prevent
stormwater impacts.
iii. Goals and metrics to identify, promote, and measure LID use.
iv. Potential or planned schedules for th e Permittee(s) to require and implement
the non-structural and LID techniques on a broader scale in the future.
F. Annual report for Secondary Permittees
All Secondary Permittees shall complete the Annual Report Form for Secondary
Permittees (Appendix 4) and submit it along with any supporting documentation to
Ecology.
1. The Annual Report Form for Secondary Permittees is intended to summarize the
Permittees compliance with the conditions of this permit, including:
a. Status of implementation of each co mponent of the SWMP in section S6
Stormwater Management Program for Secondary Permittees of this permit.
b. An assessment of the Permittee’s progress in meeting the minimum
performance standards established for each of the minimum control measures of
the SWMP.
c. A summary of the Permittee’s evaluati on of their SWMP, according to section
S8.B.2.
d. If applicable, notice that the MS4 is relying on anot her governmental entity to
satisfy any of the obligations under this permit.
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January 17, 2007 Page 37 of 51
Modified June 17, 2009
e. Updated information from the prior annual report plus any new information
received during the reporting period pursuant to S8.B.1 and S8.B.2.
f. Certification and signatu re pursuant to G19.D, and no tification of any changes
to authorization pursuant to G19.C.
2. Secondary Permittees shall include with the annual report a notification of any
jurisdictional boundary change s resulting in an increas e or decrease in the
Permittee’s geographic area of permit c overage during the reporting period, and
implications for the SWMP.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 38 of 51
Modified June 17, 2009
GENERAL CONDITIONS
G1. DISCHARGE VIOLATIONS
All discharges and activities authorized by this Permit shall be consistent with the terms and
conditions of this Permit.
G2. PROPER OPERATION AND MAINTENANCE
The Permittee shall at all times properly operate and maintain all facilities and systems of
collection, treatment, and control (and related appurtenances) wh ich are installed or used by
the Permittee for pollution control to achieve compliance with the terms and conditions of
this Permit.
G3. NOTIFICATION OF DISC HARGE, INCLUDING SPILLS
If a Permittee has knowledge of a discharge, incl uding spills, into or from a municipal storm
sewer which could constitute a threat to human health, welfare, or the environment, the
Permittee shall
A. Take appropriate action to co rrect or minimize the threat to human health, welfare
and/or the environment, and,
B. Notify the Ecology regional office and othe r appropriate spill response authorities
immediately but in no case later than within 24 hours of obtaining that knowledge. The
Ecology Northwest Regional Office 24-hour number is 425-649-7000 and for the
Southwest Regional Office the number is 360-407-6300.
C. Immediately report discharges, including spills, which might cause bacterial
contamination of shellfish, such as might result from broken sewer lines and failing
onsite septic systems, to the Ecology regiona l office and to the Department of Health,
Shellfish Program. The Department of H ealth's shellfish 24-hour number is 360-236-
3330.
D. Immediately report spills or discharges of oils or hazardous materials to the Ecology
regional office and to the Washington Em ergency Management Division at 1-800-258-
5990.
G4. BYPASS PROHIBITED
The intentional bypass of stormwat er from all or any portion of a stormwater treatment BMP
whenever the design capacity of the treatment BMP is not exceeded, is prohibited unless the
following conditions are met:
A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property
damage; or (2) necessary to perform cons truction or maintenance-related activities
essential to meet the requirements of the Clean Water Act (CWA); and
B. There are no feasible alternat ives to bypass, such as the use of auxiliary treatment
facilities, retention of untr eated stormwater, or maintena nce during normal dry periods.
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January 17, 2007 Page 39 of 51
Modified June 17, 2009
"Severe property damage" means substantial ph ysical damage to property, damage to the
treatment facilities which would cause them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass.
G5. RIGHT OF ENTRY
The permittee shall allow an authorized repr esentative of Ecology, upon the presentation of
credentials and such other documents as ma y be required by law at reasonable times:
A. To enter upon the Permittee's premises where a discharge is located or where any
records must be kept under the terms and conditions of this Permit;
B. To have access to, and copy at reasonable cost and at reasonable times, any records that
must be kept under the terms of the Permit;
C. To inspect at reasonable times any mon itoring equipment or method of monitoring
required in the Permit;
D. To inspect at reasonable times any colle ction, treatment, pollution management, or
discharge facilities; and
E. To sample at reasonable times any discharge of pollutants.
G6. DUTY TO MITIGATE
The Permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this Permit which has a reasona ble likelihood of advers ely affecting human
health or the environment.
G7. PROPERTY RIGHTS
This permit does not convey any property right s of any sort, or any exclusive privilege.
G8. COMPLIANCE WITH OTHE R LAWS AND STATUTES
Nothing in the Permit shall be construed as excusing the Permittee from compliance with
any other applicable federal, state, or local statutes, ordinances, or regulations.
G9. MONITORING
A. Representative Sampling:
Samples and measurements taken to meet the requirements of this Permit shall be
representative of the volume and nature of the monitored discharge, including
representative sampling of any unusual disc harge or discharge condition, including
bypasses, upsets, and maintenance-related conditions affecting effluent quality.
B. Records Retention:
The Permittee shall retain records of all m onitoring information, in cluding all calibration
and maintenance records and all original recordings for continuous monitoring
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 40 of 51
Modified June 17, 2009
instrumentation, copies of all reports required by this Permit, and records of all data used
to complete the application for this permit, for a period of at least five years. This
period of retention shall be extended during the course of any unresolved litigation
regarding the discharg e of pollutants by the permittee or when requested by the Ecology.
On request, monitoring data and anal ysis shall be provided to Ecology.
C. Recording of Results:
For each measurement or sample taken, the Permittee shall record the following
information: (1) the date, exact place and time of sampling; (2) the individual who
performed the sampling or measurement; (3) th e dates the analyses were performed; (4)
who performed the analyses; (5) the analytic al techniques or methods used; and (6) the
results of all analyses.
D. Test Procedures:
All sampling and analytical methods used to meet the monitoring requirements in this
permit shall conform to the Guidelines Establishing Test Procedures for the Analysis of
Pollutants contained in 40 CF R Part 136, unless otherwise sp ecified in this permit or
approved in writing by Ecology.
E. Flow Measurement:
Appropriate flow measurement devices and met hods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of
measurements of the volume of monitored di scharges. The devices shall be installed,
calibrated, and maintained to ensure that the accuracy of the measurements are
consistent with the accepted industry standard for that type of de vice. Frequency of
calibration shall be in conf ormance with manufacturer's recommendations or at a
minimum frequency of at least one calibrati on per year. Calibration records should be
maintained for a minimum of three years.
F. Lab Accreditation:
All monitoring data, except for flow, te mperature, conductivit y, pH, total residual
chlorine, and other exceptions approved by Ecology, shall be prepared by a laboratory
registered or accredited under the provisi ons of, Accreditation of Environmental
Laboratories, Chapter 173-50 WAC. Soils a nd hazardous waste data are exempted from
this requirement pending accreditation of labor atories for analysis of these media by
Ecology.
G. Additional Monitoring:
Ecology may establish specific monitoring requi rements in addition to those contained
in this permit by administrative order or permit modification.
G10. REMOVED SUBSTANCES
With the exception of decant from street waste vehicles, the Permittee shall not allow
collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of stormwat er to be resuspended or reintroduced to the
storm sewer system or to waters of the state. Decant from street wa ste vehicles resulting
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 41 of 51
Modified June 17, 2009
from cleaning stormwater facilities may be reintroduced only when other practical means
are not available and only in accordance with the Street Waste Disposal Guidelines in
Appendix 4.
G11. SEVERABILITY
The provisions of this Permit are severable, and if any provision of this Permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circ umstances, and the remainder of this Permit
shall not be affected thereby.
G12. REVOCATION OF COVERAGE
The director may terminate coverage unde r this General Permit in accordance with
Chapter 43.21B RCW and Chapter 173-226 WA C. Cases where coverage may be
terminated include, but are not limited to the following:
A. Violation of any term or c ondition of this general permit;
B. Obtaining coverage under this general pe rmit by misrepresentation or failure to
disclose fully all relevant facts;
C. A change in any condition that requires either a tem porary or permanent reduction
or elimination of the permitted discharge;
D. A determination that the permitted activity endangers human health or the
environment, or contributes significantly to water quality standards violations;
E. Failure or refusal of the permittee to a llow entry as required in Chapter 90.48.090
RCW;
F. Nonpayment of permit fees assessed pursuant to Chapter 90.48.465 RCW;
Revocation of coverage under this genera l permit may be initiated by Ecology or
requested by any interested person.
G13. TRANSFER OF COVERAGE
The director may require any discharger auth orized by this General Permit to apply for
and obtain an individual permit in accord ance with Chapter 43.21B RCW and Chapter
173-226 WAC.
G14. GENERAL PERMIT MODI FICATION AND REVOCATION
This General Permit may be modified, revoked and reissued, or terminated in accordance
with the provisions of WAC 173-226-230. Grounds for modification, revocation and
reissuance, or termination include, but are not limited to the following:
A. A change occurs in the technology or pr actices for control or abatement of
pollutants applicable to the category of dischargers covere d under this General
Permit;
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 42 of 51
Modified June 17, 2009
B. Effluent limitation guidelines or standards are promulgated pursuant to the CWA or
Chapter 90.48 RCW, for the category of dischargers covered under this General
Permit;
C. A water quality management plan containing requirements applicable to the
category of dischargers covered under this General Permit is approved; or
D. Information is obtained which indicates th at cumulative effects on the environment
from dischargers covered under this General Permit are unacceptable.
E. Changes in state law that reference this permit.
G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION
A Permittee who knows or has reason to believ e that any activity has occurred or will
occur which would constitute cause for modi fication or revocation and reissuance under
Condition G12, G14, or 40 CFR 122.62 must report such plans, or such information, to
Ecology so that a decision can be made on whether action to modify, or revoke and
reissue this Permit will be required. Ecology may then require submission of a new or
amended application. Submission of such a pplication does not relie ve the Permittee of
the duty to comply with this Perm it until it is modified or reissued.
G16. APPEALS
A. The terms and conditions of this General Permit, as they apply to the appropriate
class of dischargers, are subj ect to appeal within thirty days of issuance of this
General Permit, in accordance with Ch apter 43.21B RCW, and Chapter 173-226
WAC.
B. The terms and conditions of this General Permit, as they apply to an individual
discharger, are appealable in accordance with chapter 43.21B RCW within thirty
days of the effective date of coverage of that discharger. Consideration of an appeal
of General Permit coverage of an individua l discharger is limited to the General
Permit's applicability or nonapp licability to that i ndividual discharger.
C. The appeal of General Permit coverage of an individual discharger does not affect
any other dischargers covered under this General Permit. If the terms and
conditions of this General Permit are found to be inapplicable to any individual
discharger(s), the matter shall be remande d to Ecology for consideration of issuance
of an individual permit or permits.
D. Modifications of this Perm it are appealable in accor dance with Chapter 43.21B
RCW and Chapter 173-226 WAC.
G17. PENALTIES
40 CFR 122.41(a)(2) and (3), 40 CFR 122.41(j)(5), and 40 CFR 122.41(k)(2) are hereby
incorporated into this Permit by reference.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 43 of 51
Modified June 17, 2009
G18. DUTY TO REAPPLY
The Permittee must apply for permit renewal at least 180 days prior to the specified
expiration date of this permit.
G19. CERTIFICATION AND SIGNATURE
All applications, reports, or information submitted to the Department shall be signed and
certified.
A. All permit applications sha ll be signed by either a prin cipal executive officer or
ranking elected official.
B. All reports required by this Permit a nd other information requested by the
Department shall be signed by a person de scribed above or by a duly authorized
representative of that pers on. A person is a duly authori zed representative only if:
1. The authorization is made in wr iting by a person described above and
submitted to the Department, and
2. The authorization specifies either an individual or a position having
responsibility for the overall deve lopment and implementation of the
stormwater management program. (A dul y authorized representative may thus
be either a named individual or a ny individual occupying a named position.)
C. Changes to authorization. If an authorization under condition G19.B.2 is no longer
accurate because a different individual or position has responsibility for the overall
development and implementation of the stormwater management program, a new
authorization satisfying the requirements of condition G19.B.2 must be submitted to
the Department prior to or together with a ny reports, information, or applications to
be signed by an author ized representative.
D. Certification. Any person signing a docum ent under this Permit shall make the
following certification:
“I certify, under penalty of law, that this document a nd all attachments were prepared
under my direction or supervision in accordan ce with a system designed to assure that
Qualified Personnel properly gathered a nd evaluated the information submitted.
Based on my inquiry of the person or pe rsons who manage the system or those
persons directly responsible for gathering information, the information submitted is,
to the best of my knowledge and belief, true , accurate, and complete. I am aware that
there are significant penalties for su bmitting false information, including the
possibility of fine and imprisonment for willful violations.”
G20. NON-COMPLIANCE NOTIFICATION
In the event it is unable to comply with any of the terms and conditions of this permit, the
Permittee must:
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 44 of 51
Modified June 17, 2009
A. Notify Ecology of the failure to comply with the permit terms and conditions in
writing within 30 days of becoming awar e that the non-compliance has occurred.
The written notification must include all of the following:
1. A description of the non-compliance, including dates.
2. Beginning and end dates of the non-comp liance, and if the compliance has
not been corrected, the anticipated date of correction.
3. Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the
non-compliance.
B. Take appropriate action to stop or correct the condition of non-compliance.
G21. UPSETS
Permittees must meet the conditions of 40 CFR 122.41(n) regarding “Upsets.” The
conditions are as follows:
A. Definition. “Upset” means an exceptional inci dent in which there is unintentional and
temporary noncompliance with technology based permit effluent limitations because
of factors beyond the reasonable control of the Permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment fac ilities, lack of preventive maintenance, or
careless or improper operation.
B. Effect of an upset. An upset constitutes an affirmativ e defense to an action brought
for noncompliance with such technology based permit effluent limitations if the
requirements of paragraph (C) of this c ondition are met. Any determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, will not constitute final administrative action
subject to judicial review.
C. Conditions necessary for demonstration of upset. A permittee who wishes to establish
the affirmative defense of upset must demonstrate, through properly signed
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the Permitt ee can identify the cause (s) of the upset;
2. The permitted facility was at the time being properly operated; and
3. The Permittee submitted notice of the upset as required in 40 CFR
122.41(l)(6)(ii)(B) (24-hour notice of noncompliance).
4. The Permittee complied with any reme dial measures required under 40 CFR
122.41(d) (Duty to Mitigate).
D. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish
the occurrence of an upset has the burden of proof.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 45 of 51
Modified June 17, 2009
DEFINITIONS AND ACRONYMS
AKART means all known, available, and reasonab le methods of prevention, control and
treatment.
All known, available and reasonable method s of prevention, control and treatment refers to
the State Water Pollution Control Act, Chapter 90.48.010 and 90.48.520 RCW.
Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance
date of this Permit, or prio r to the date that the Permitt ee’s application is received by
Ecology, or prior to a modification of this Permit, whichever is later.
Beneficial Uses means uses of waters of the states which include but are not limited to use for
domestic, stock watering, indus trial, commercial, agricultural, irrigation, mining, fish and
wildlife maintenance and enha ncement, recreation, genera tion of electric power and
preservation of environmental and aesthetic va lues, and all other uses compatible with the
enjoyment of the public waters of the state.
Best Management Practices ("BMPs") are the schedules of ac tivities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices approved by the
Department that, when used singly or in co mbination, prevent or reduce the release of
pollutants and other adverse impacts to waters of Washington State.
BMP means Best Management Practice.
Bypass means the diversion of stormwater from a ny portion of a stormwater treatment facility.
Common plan of development or sale means a site where multiple separate and distinct
construction activities may be taking place at di fferent times on different schedules, but still
under a single plan. Examples include: phased pr ojects and projects w ith multiple filings or
lots, even if the separate phase s or filings/lots will be constructed under separate contract or
by separate owners (e.g. a development wher e lots are sold to separate builders); a
development plan that may be phased over multiple years, but is still under a consistent plan
for long-term development; and projects in a co ntiguous area that may be unrelated but still
under the same contract, such as construction of a building extension and a new parking lot at
the same facility. If the project is part of a common plan of development or sale, the
disturbed area of the entire plan shall be used in determining permit requirements.
Component or Program Component means an element of the Stormwater Management
Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or
S6 Stormwater Management Program for Secondary Permittees of this permit.
Co-permittee means an operator of a regulated sma ll MS4 which is applying jointly with
another applicant for coverage unde r this permit. A co-permittee is an owner or operator of a
regulated small MS4 located within or adjacen t to another regulated MS4. A co-permittee is
only responsible for complying with the condition s of this permit relating to discharges from
the MS4 the co-permittee owns or operates. See also 40 CFR 122.26(b)(1)
CWA means Clean Water Act (formerly referred to as the Federal Water Pollution Control Act
or Federal Water Pollution C ontrol Act Amendments of 1972) Pub.L. 92-500, as amended
Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 and Pub. L. 97-117, 33 U.S.C. 1251 et.seq.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 46 of 51
Modified June 17, 2009
Detailed Implementation Plan means the formal implementation plan for a Total Maximum
Daily Load (TMDL) or water quality clean-up plan.
DIP means Detailed Implementation Plan.
Director means the Director of the Washington State Department of Ecology, or an authorized
representative.
Discharge for the purpose of this permit means, unle ss indicated otherwise, any discharge from a
MS4 owned or operated by the permittee.
Entity means another governmental body, or public or private organization, such as another
permittee, a conservation district , or volunteer organization.
40 CFR means Title 40 of the Code of Federal Re gulations, which is th e codification of the
general and permanent rules published in the Federal Register by th e executive departments
and agencies of the federal government.
General Permit means a permit which covers multiple dischargers of a point source category
within a designated geographical area, in lieu of individual permits be ing issued to each
discharger.
Ground water means water in a saturated zone or st ratum beneath the surface of the land or
below a surface water body.
Heavy equipment maintenance or storage yard means an uncovered area where any heavy
equipment, such as mowing equipment, excavat ors, dump trucks, backhoes, or bulldozers are
washed or maintained, or where at least fi ve pieces of heavy equipment are stored.
Hydraulically Near means runoff from the site discharg es to the sensitive feature without
significant natural attenuation of flows that allows for su spended solids removal. See
Appendix 7 Determining Construction Site Sedi ment Damage Potential for a more detailed
definition.
Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Disinfection of
water mains and appurtenances requires a chlori ne residual of 10 mg/L at the end of the
disinfection period. This level is well above the Maximum Residual Disinfectant Level of an
annual average of 4 mg/Liter chlo rine for potable water.
Illicit connection means any man-made conveyance that is connected to a municipal separate
storm sewer without a permit, excluding roof dr ains and other similar type connections.
Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits,
inlets, or outlets that are connected directly to the municipal separate storm sewer system.
Illicit discharge means any discharge to a municipal sepa rate storm sewer that is not composed
entirely of storm water excep t discharges pursuant to a NPDES permit (other than the
NPDES permit for discharges from the munici pal separate storm sewer) and discharges
resulting from fire fighting activities.
Large Municipal Separate Storm Sewer System means all municipal separate storm sewer
systems located in an incorpor ated place with a population of 250,000 or more, a county with
unincorporated urbanized areas with a popul ation of 250,000 or more according to the 1990
decennial census by the Bureau of Census.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 47 of 51
Modified June 17, 2009
Low Density Residential Land Use means, for the purpose of permit section S8 Monitoring,
one unit per 1-5 acres.
Low Impact Development (LID) means a stormwater management and land development
strategy applied at the parcel and subdivision scale that emphasizes conservation and use of
on-site natural features integrated with engine ered, small-scale hydrolog ic controls to more
closely mimic pre-development hydrologic functions.
Major Municipal Separate Storm Sewer Outfall means a municipal separate storm sewer
outfall from a single pipe with an inside diamet er of 36 inches or more, or its equivalent
(discharge from a single conveyan ce other than circular pipe which is associated with a
drainage area of more than 50 acres); or for municipal separate storm sewers that receive
stormwater from lands zoned for industrial activ ity (based on comprehensive zoning plans or
the equivalent), an outfall that discharges from a single pipe with an inside diameter of 12
inches or more or from its equivalent (dischar ge from other than a circular pipe associated
with a drainage area of 12 acres or more).
Material Storage Facilities means an uncovered area where bulk materials (liquid, solid,
granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
Maximum Extent Practicable (MEP) refers to paragraph 402(p)(3)(B)(iii) of the federal Clean
Water Act which reads as follows: Permits for di scharges from municipal storm sewers shall
require controls to reduce the discharge of po llutants to the maximum extent practicable,
including management practices, control tech niques, and system, design, and engineering
methods, and other such provisions as the Admini strator or the State determines appropriate
for the control of such pollutants.
Medium Municipal Separate Storm Sewer System means municipal separate storm sewer
systems located in an incorporated place w ith a population of more than 100,000 but less
than 250,000, or a county with unincorporated urbanized areas of more than 100,000 but less
than 250,000 according to the 1990 decennial census by the Bureau of Census.
MEP means Maximum Extent Practicable.
MTRs means Minimum Technical Requirements.
Municipal Separate Storm Sewer System (MS4) means a conveyance, or system of
conveyances (including roads with drainage syst ems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains):
(i) owned or operated by a st ate, city, town, borough, county, pa rish, district, association,
or other public body (created by or pursuant to State Law) having jurisdiction over
disposal of wastes, storm wate r, or other wastes, includi ng special districts under State
law such as a sewer district, flood control dist rict or drainage district, or similar entity,
or an Indian tribe or an au thorized Indian tribal orga nization, or a designated and
approved management agency under section 208 of the CWA that discharges to waters
of the United States.
(ii) designed or used for coll ecting or conveying stormwater.
(iii) which is not a combined sewer; and (i v) which is not part of a Publicly Owned
Treatment Works (POTW) as defined at 40 CFR 122.2.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 48 of 51
Modified June 17, 2009
National Pollutant Discharge Elimination System (NPDES) means the national program for
issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits,
and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and
405 of the Federal Clean Water Act, for the disc harge of pollutants to surface waters of the
state from point sources. These permits are referred to as NPDES permits and, in
Washington State, are administered by the Washington Department of Ecology.
Notice of Intent (NOI) means the application for, or a request for coverage under this General
Permit pursuant to WAC 173-226-200.
Notice of Intent for Construction Activity and Notice of Intent for Industrial Activity mean
the application forms for coverage under the Baseline General Permit for Stormwater
Discharges Associated w ith Industrial Activities .
Outfall means point source as defined by 40 CFR 122.2 at the point where a municipal separate
storm sewer discharges to waters of the State and does not include open conveyances
connecting two municipal separate storm sewe r systems, or pipes, tunnels, or other
conveyances which connect segments of the same stream or other waters of the State and are
used to convey waters of the State.
Permittee unless otherwise noted, the term “Permitt ee” includes Permittee, Co-Permittee, and
Secondary Permittee, as defined below:
(i) A “Permittee” is a city, town, or count y owning or operating a regulated small MS4
applying and receiving a permit as a single entity.
(ii) A “Co-Permittee” is any operator of a regulat ed small MS4 that is applying jointly with
another applicant for coverage under this Permit. Co-Permittees own or operate a
regulated small MS4 located within or adjacent to another regulated small MS4.
(iii) A “Secondary Permittee” is an operator of re gulated small MS4 that is not a city, town or
county.
Physically Interconnected means that one MS4 is connected to a second MS4 in such a way
that it allows for direct discharges to the second system. For example, the roads with
drainage systems and municipal streets of one entity are physically connected directly to a
MS4 belonging to another entity.
Pollutant Generating Impervious Surfaces (PGIS) are surfaces considered to be significant
sources of pollutants in stormwater runoff. Su ch surfaces include those that are subject to
vehicular use, industrial activities, or storage of erodible or leachable materials that receive
direct rainfall or run-on or blow -in of rainfall. Metal roofs ar e considered to be PGIS unless
coated with an inert, non-leach able material. Roofs that are subject to venting of indoor
pollutants from manufacturing, commercial or other operations or processes are also
considered PGIS. A surface, whether paved or not, shall be considered PGIS if it is regularly
used by motor vehicles. The following are c onsidered regularly-used surfaces: roads,
unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways,
parking lots, unfenced fire lanes, vehicular e quipment storage yards, and airport runways.
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 49 of 51
Modified June 17, 2009
Process Wastewater means any water which, during manufacture or processing, comes into
direct contact with or results form the producti on or use of any raw material, intermediate
product, finished product, by product, or waste product.
Qualified Personnel or Consultant means someone who has had professional training in the
aspects of stormwater management for wh ich they are responsible and are under the
functional control of the Permittee.
RCW means the Revised Code of Washington State.
Regulated Small Municipal Separate Storm Sewer System (MS4) means a Municipal
Separate Storm Sewer System which is automatic ally designated for inclusion in the Phase II
stormwater permitting program by its location wi thin an Urbanized Area, or by designation
by the NPDES permitting authority and is not elig ible for a waiver or exemption under S1.C.
Replaced impervious surfaces means, for structures, the re moval and replacement of any
exterior impervious surfaces or foundation; or , for other impervious surfaces, the removal
down to bare soil, or base course, and replacem ent. Exemptions and partial exemptions are
defined in Appendix 1 of this Permit.
Runoff is water that travels across th e land surface and discharges to water bodies either directly
or through a collection and conveyance system. See also “Stormwater.”
Shared Waterbodies means waterbodies, incl uding downstream segments, lakes and estuaries
that receive discharges from more than one permittee.
Secondary Permittee is an operator of regul ated small municipal separate storm sewer system
which is not a city, town or county. Secondary Permittees include special purpose districts
and other MS4s that meet the criteria for a regulated small MS4 in S1.B.
Significant contributor means a discharge contributes a load ing of pollutants considered to be
sufficient to cause or exacerbate the deteri oration of receiving wate r quality or instream
habitat conditions.
Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to
the effect of construction runoff or areas requiring special protection to prevent erosion. See
Appendix 6 Determining Construction Site Sedime nt Transport Potential for a more detailed
definition.
Small Municipal Separate Storm Sewer System or Small MS4 is a conveyance or system of
conveyances including roads with drainage syst ems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels and/or storm drains which is:
a. Owned or operated by a city, town, county, district, association or other public body
created pursuant to State law having jurisd iction over disposal of sewage, industrial
wastes, stormwater, or other wa stes, including special distri cts under State law such as a
sewer districts, flood control districts or drainage dist ricts, or similar entity.
b. Designed or used for collec ting or conveying stormwater.
c. Not a combined sewer system,
d. Not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2.
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January 17, 2007 Page 50 of 51
Modified June 17, 2009
e. Not defined as “large” or “medium” pursuan t to 40 CFR 122.26(b)(4) & (7) or designated
under 40 CFR 122.26 (a)(1)(v).
Small MS4s include systems similar to separate storm sewer systems in municipalities such
as: universities, large publicly owned hosp itals, prison complexes, highways and other
thoroughfares. Storm sewer systems in very discre te areas such as individual buildings do not
require coverage under this Permit.
Small MS4s do not include storm drain systems operate d by non-governmental entities such
as: individual buildings, private schools, priv ate colleges, private uni versities, and industrial
and commercial entities.
Stormwater means runoff during and following preci pitation and snowme lt events, including
surface runoff and drainage.
Stormwater Associated with Industrial and Construction Activity means the discharge from
any conveyance which is used for collecting and conveying stormwater, which is directly
related to manufacturing, processing or raw materi als storage areas at an industrial plant, or
associated with clearing grading and/or excava tion, and is required to have an NPDES permit
in accordance with 40 CFR 122.26.
Stormwater Management Manual for Western Washington means the 5-volume technical
manual (Publication Nos. 99-11 through 15 for the 2001 version and Publication Nos. 05-10-
029-033 for the 2005 version (The 2005 versi on replaces the 2001 ve rsion) prepared by
Ecology for use by local governments that contai ns BMPs to prevent, control, or treat
pollution in storm water.
Stormwater Management Program (SWMP) means a set of actio ns and activities designed to
reduce the discharge of pollutants from the re gulated small MS4 to the maximum extent
practicable and to protect wate r quality, and comprising the components listed in S5 or S6 of
this Permit and any additional actions necessary to meet the requirements of applicable
Total Maximum Daily Load (TMDL) means a water cleanup plan. A TMDL is a calculation of
the maximum amount of a pollutant that a wate r body can receive and still meet water quality
standards, and an allocation of that amount to the pollutant’s s ources. A TMDL is the sum of
the allowable loads of a single pollutant from all contributin g point and nonpoint sources.
The calculation must include a margin of safety to ensure that the water body can be used for
the purposes the state has designated. The calculation must also account for seasonable
variation in water quality. Water quality standards are set by stat es, territories, and tribes.
They identify the uses for each water body, for example, drinking water supply, contact
recreation (swimming), and aquatic life support (f ishing), and the scientif ic criteria to support
that use. The Clean Water Act, section 303, establishes the wate r quality standards and
TMDL programs.
Urbanized Area (UA) is a land area comprising one or mo re places and the adjacent densely
settled surrounding area that t ogether have a residential popul ation of at least 50,000 and an
overall population density of at least 1,000 pe ople per square mile. For the year 2000
Census, the U.S. Census Bureau classified "urban" as all territor y, population, and housing
units located within an Urbanized Area (UA) or an Urban Cluster (U C). It delineated UA
and UC boundaries to encompass densely settle d territory, which consists of: core census
Western Washington Phase II M unicipal Stormwater Permit
January 17, 2007 Page 51 of 51
Modified June 17, 2009
block groups or blocks that ha ve a population density of at least 1,000 people per square mile
and surrounding census blocks that have an ove rall density of at leas t 500 people per square
mile. In addition, under certain conditions, less densely settled territory may be part of each
UA or UC. The U.S. Census Bureau announ ced the “Census 2000 Urbanized Areas” on May
1, 2002. More information can be found at the U.S. Census Bureau website.
Urban/higher density rural subbasins means any subbasin or portion thereof that is within or
proposed to be within the urban growth area (UGA), or any rural area subbasin or portion
thereof fifty percent or more of which is comp rised of lots smaller than 5 acres in size.
Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are
regularly washed or maintained, or wh ere at least 10 vehicles are stored.
Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR
Subpart 122.2 within the geogr aphic boundaries of Washington State and "waters of the
state" as defined in Chapter 90.48 RCW which in cludes lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters and all ot her surface waters and water courses within
the jurisdiction of th e State of Washington.
Water Quality Standards means Surface Water Quality Standards, Chapter 173-201A WAC,
Ground Water Quality Standards, Chapter 173 -200 WAC, and Sediment Management
Standards, Chapter 173-204 WAC.