HomeMy WebLinkAboutITEM V-C
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Ordinance No. 6251 July 2, 2009
Department:Attachments:Budget Impact:
Public WorksOrdinance No. 6251$
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6251
Background Summary:
Ordinance No. 6251 authorizes the amendment of Auburn City Code chapter 13.48 Storm Drainage Utility
to bring it into compliance with requirements of the Western Washington Phase II Municipal Stormwater
Permit issued January 17, 2007 and modified June 17, 2009.
The Permit specifies that each municipality regulated by the permit shall develop and implement an
ordinance or other regulatory mechanism to effectively prohibit non-stormwater, illicit discharges into the
municipality’s storm drainage system to the maximum extent allowable under State and Federal law. The
ordinance or regulatory mechanism is required to be adopted no later than August 17, 2009.
The proposed changes include modification of, and addition of definitions, addition of allowing conditional
non-stormwater discharges, and modification to permissible non-stormwater discharges.
Reviewed by Council & Committees:Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works LegalPolice
Planning Comm. OtherPublic Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes NoCall for Public Hearing___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until___/___/____
Councilmember:Staff:
Wagner Thorn
Meeting Date:ItemNumber:
July 27, 2009 V.C.
ORDINANCE NO. __6251__
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 13.48.005, 13.48.010, 13.48.190; AND
13.48.210 OF THE AUBURN CITY CODE RELATING
TO THE CITY’S STORM DRAINAGE UTILITY
WHEREAS, the Washington State Department of Ecology (DOE) recently
revised its requirements for National Pollutant Discharge Elimination System
(NPDES) permits; and
WHEREAS, the City of Auburn operates a storm drainage utility that
necessitates an NPDES permit; and
WHEREAS, DOE’s revised requirements for NPDES permits affects how
the City should engage in certain activities related to its storm drainage utility;
and
WHEREAS, in order to comply with the modified requirements, it is
appropriate that the City Code relating to storm drainage utility activities be
modified.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code.
That section 13.48.005 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.005 Purpose.
The city has determined that a storm drainage utility and associated
regulations will avoid the creation of public nuisances that would occur without
such utility and regulations, and promote the public health, safety and general
welfare of the citizens of Auburn. Public nuisances would consist of:
A. Water-inundated property, both public and private;
B. Uncontrolled volume increase, rate, or contaminated load of runoff;
Ordinance No. 6251
July 1, 2009
Page 1 of 7
C. Degradation of existing water resources such as creeks, streams,
rivers, ponds, lakes, groundwater, and other water bodies;
D. Degradation of water used for contact recreation, aquatic habitat,
and aesthetic quality;
E. Jeopardy to the city’s compliance with federal flood insurance
programs.
F. Jeopardy to the city’s compliance with the NPDES Western
Washington Phase II Municipal Stormwater Permit.
(Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)
Section 2. Amendment to City Code.
That section 13.48.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.010 Definitions.
The following words when used in this chapter shall have the following
meanings unless the context clearly indicates otherwise:
A. “Base rate” means the monthly charge for service from the storm
drainage utility to recover costs incurred by the utility such as administrative,
billing and collection.
B. “Charge in lieu of assessment” means a charge made by the city on
property which has not previously participated in the cost of a public storm
drainage line directly serving the property.
C. “City of Auburn design and construction standards” means the
requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary
sewer, street, and water design and construction.
D. “Detention” means the temporary storage of storm and surface
water runoff with provisions for the controlled off-site surface release of the
stored water.
E. “Equivalent service unit (ESU)” means a configuration of
development or impervious surfaces estimated to contribute an amount of runoff
to the city’s storm drainage system which is approximately equal to that created
by the average single-family residential parcel. One ESU is equal to 2,600
square feet of impervious surface area or any portion thereof.
F. “Illicit connection” means any man-made conveyance that is
connected to a municipal separate storm sewer without a permit, excluding roof
drains 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.
G. “Illicit discharge” means any discharge to a municipal separate
storm sewer that is not composed entirely of stormwater except discharges
pursuant to a NPDES permit (other than the NPDES permit for discharges from
the municipal separate storm sewer) and discharges resulting from fire fighting
activities.
Ordinance No. 6251
July 1, 2009
Page 2 of 7
FH. “Impervious” means those portions of a property which are covered
with surfaces impenetrable to water such as but not limited to asphaltic concrete,
portland cement concrete or roofing. Permanent open water surface such as
storm water treatment facilities are not considered impervious.
GI. “National Pollutant Discharge Elimination System (NPDES)” means
a federal program enacted under the Clean Water Act, regulated by the
Environmental Protection Agency, which requires a permit for discharges of
storm water from certain industrial activities to surface waters or municipal storm
drainage systems.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 discharge 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 Department of Ecology.
JH. “Parcel” means the smallest separately segregated unit or plot of
land having an identified owner, boundaries, and surface area which is
documented for tax purpose and given a tax lot number by the appropriate
county assessor for the county in which the parcel is sited.
KI. “Parcel, developed” means any parcel which has been altered by
grading or filling of the ground surface, or by construction of any improvements or
other impervious surface.
LJ. “Parcel, non-single-family” means any parcel of developed land
other than single-family or two-family (duplex) residential.
MK. “Parcel, single-family residential” means any parcel of land having
on it a single detached dwelling unit which is designed for occupancy by one
family or a similar group of people.
NL. “Parcel, two-family (duplex) residential” means as defined in
Chapter 18.16 ACC.
OM. “Parcel, undeveloped” means any parcel which has not been
altered from its natural state by grading or filling of the ground surface, or by
construction of any improvements or impervious surfaces.
PN. “Retention” means the storage of storm and surface water runoff
with no provisions for off-site surface release of the stored water other than by
evaporation and infiltration.
QO. “Storm drainage facility” means any natural stream/creek or
constructed component of Auburn’s storm drainage system.
RP. “Storm drainage system” means the total system of storm drainage
facilities as described in ACC 13.48.030.
S. “Stormwater” means runoff during and following precipitation and
snowmelt events, including surface runoff and drainage.
TQ. “Utility” means the city storm drainage utility created by the
ordinance codified in this chapter.
UR. “Watercourse” means a channel, either natural or manmade, in
which a flow of water occurs, either continuously or intermittently.
WS. “Water quality treatment” means an engineered and approved
facility to remove contaminants in the existing flow regime of storm water
Ordinance No. 6251
July 1, 2009
Page 3 of 7
generated from a developed parcel pursuant to applicable design standards in
place at the time of approval. (Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord.
5359 § 1, 2000; Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 §
1, 1998; Ord. 4492 § 4, 1991.)
Section 3. Amendment to City Code.
That section 13.48.190 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.190 Cross connections prohibited.
The construction, use,installation or maintenance or continued existence
of illicit of any connections between anyto the storm drainage system and any
sanitary sewer system is prohibited. This prohibition expressly includes, without
limitation, illicit Any such cross connections made in the past, regardless of
whether the connection was permissible under law or practices applicable or
prevailing at the time of connection. Any such connections, now existing or
hereafter installed are a nuisance and shall be abated immediately. If, after
proper notice, the property owner does not abate the cross connection(s) as
directed by the city, then the city shall have the authority to abate such
connection(s) and bill the property owner for all reasonable costs. Any delinquent
payments shall constitute a lien as fixed by ACC 13.06.300. (Ord. 5853 § 1,
2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)
Section 4. Amendment to City Code.
That section 13.48.210 of
the Auburn City Code be and the same hereby is amended to read as follows:
13.48.210 Water quality.
A.Prohibited Discharges. It is unlawful for any individual, firm or
corporation to discharge into the public storm drainage system directly or
indirectly any liquid or solid foreign substances of biodegradable or other nature
which may cause or tend to cause water pollution, including but not limited to the
following items:
Petroleum products including but not limited to oil, gasoline, diesel fuel,
grease, fuel oil and heating oil; trash and debris; pet wastes; chemicals; paints;
paint chips, steam cleaning wastes; wastes from washing of fresh concrete for
cleaning and/or finishing purposes or to expose aggregates; laundry wastes;
soaps; pesticides, herbicides or fertilizers; sanitary sewage; heated water;
chlorinated water or chlorine; degreasers and/or solvents; bark and other fibrous
material; antifreeze or other automotive products; lawn clippings, leaves or
branches; animal carcasses; silt, sand, dirt or rock; acids or alkalis; dyes (without
prior permission of the drainage utility); construction materials or food waste.
The following categories of non-stormwater discharges are prohibited
unless the stated conditions are met:
1. Discharges from potable water sources including water line
flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and
Ordinance No. 6251
July 1, 2009
Page 4 of 7
pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a
concentration of 0.1 ppm or less, as determined by colorimetric chlorine test kit:
pH-adjusted to within the range of 6.5 to 8.5 pH units as determined by use of a
calibrated pH meter or narrow range pH indicator paper with a resolution not
greater than ± 0.5 standard units: and volumetrically and velocity controlled to
prevent re-suspension of sediments in the public storm drainage system, as
determined by visual inspection.
2. Dechlorinated swimming pool discharges. Discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, as determined by
colorimetric chlorine test kit: pH-adjusted to within the range of 6.5 to 8.5 pH units
as determined by use of a calibrated pH meter or narrow range pH indicator
paper with a resolution not greater than ± 0.5 standard units: and volumetrically
and velocity controlled to prevent re-suspension of sediments in the public storm
drainage system, as determined by visual inspection.
3. Street washing at active construction sites. The entire area of
street that is to be washed must be cleaned by sweeping before washing is
permitted. Street wash water must be collected and be discharged back onto the
construction site or otherwise be prevented from entering the public storm
drainage system.
4. Other non-stormwater discharges shall be in compliance with the
requirements of the stormwater pollution prevention plan reviewed by the City,
which addresses control of construction site dewatering discharges.
B. Discharge of Pollutants – Liability for Expenses Incurred by the
Utility. Any individual, firm or corporation responsible for pollutant discharge into
the public storm drainage system who fails to immediately collect, remove,
contain, or treat such materials as directed by the city shall be responsible for the
necessary expenses incurred by the city in carrying out any pollutant abatement
procedures, including the collection, removal, containment, treatment or disposal
of such materials.
C. Permissible Discharges. Discharges from the sources listed below
shall only be illicit discharges if the city Public Works Director determines that the
type of discharge, whether singly or in combination with others, is a significant
source of water pollution:
Individual residential car washing, dechlorinated swimming pool
discharges, washing of potable water storage reservoirs; flushing of potable
water; natural uncontaminated groundwater; air conditioning condensation;
natural springs; uncontaminated water from crawl space pumps; runoff from lawn
watering; irrigation runoff; street wash water; discharges in compliance with an
NPDES permit; and discharges from approved footing drains and other
subsurface drains.Natural uncontaminated groundwater; uncontaminated air
conditioning condensation; natural springs; uncontaminated water from crawl
space pumps; irrigation runoff from agricultural sources that is comingled with
urban stormwater; discharges in compliance with a NPDES permit; and
discharges from approved footing drains and foundation drains.
D. Exemption. Discharges resulting directly from public emergency
firefighting activities, but not from activities not related to firefighting such as the
Ordinance No. 6251
July 1, 2009
Page 5 of 7
maintenance or cleaning of firefighting equipment, are exempt from regulation
under this section. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492
§ 4, 1991.)
Section 5. Implementation.
The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 6. Severability.
The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 7.Effective date.
This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
Ordinance No. 6251
July 1, 2009
Page 6 of 7
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
Ordinance No. 6251
July 1, 2009
Page 7 of 7