HomeMy WebLinkAbout08-03-2009 ITEM VIII-A-2CITY OF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Ordinance No. 6251 July 2, 2009
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6251 $ 0
Administrative Recommendation:
City Council 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.
04.8
W0803-9
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
❑ Legal
❑
Police
® Planning Comm.
❑ other
® Public Works
❑ Human Resources
Action:
Committee Approval:
❑Yes ❑No
Council Approval:
❑Yes ❑No
Call for Public Hearing
1
1
Referred to
Until
! 1
Tabled
Until
! 1
Councilmember: Wagner
Staff: Dowd
Meeting Date: August 3, 2009
Item Number: VIII.A.2
AUBURN * MOPE THAN YOU IMAGINED
ORDINANCE NO, 6 2 5 1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 13.48.005, 13.48.0101 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
9 y m
(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 NPDESp ermits affects how
the City should engage in certain activities related to its storm drainage utilit y,;
g
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.-M� IAmendment to city code. That section 13.48.0 05 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. Jeo and to the cit 's Com fiance with the NPDES Western
Washin ton Phase 11 Munici al 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 citv 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 config u ration 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 an man-made conveyance that is
connected to a municipal separate storm sewer without a permit, excludinq roof
drains and other similar -type connections. Examples include sanitary sewer
connections floor drains channels Pipelines, conduits inlets or outlets that are
connected directl to the municipal separate storm sewers stern.
O. "Illicit discharge" means anv discharge to a municipal separate
storm sewer that is not composed entirely_of stormwater except dischar es
pursuant to a NPDES permit(other than the NPDES permit for dischar es from
the municipal separate storm sewer and discharcles resultinq from fire fighting
ar.tivitiQ.
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
P
portland cement concrete or roofing. Permanent open water surface such as,
storm water treatment facilities are not considered impervious.
G1."National Pollutant Dischar a Elimination S stem(NPDES)
71 g Y means
.the national pMram for issuing,modifving, revokin and
reissuin terminatio monitorin and enforcin ermits and im osin and
enforcingretreatment re uirements 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 Ecolo
J14. "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 app appropriate
riate
county assessor for the county in which the parcel is sited.
Kt. "Parcel, developed" means an parcel which has been altered -- p Y p e ed by
grading or filling of the ground surface, or by construction of any improvements or
other impervious surface.
i 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.
Y (duplex) NL. "Parcel, two-familresidential" 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.
QQ. "Storm drainage facility" 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. "Storrnwater" means runoff during and followinq 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.
W'Spp. "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 i
g n
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 § 49 1991.)
Section 3. Amendment to cit 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 maintenance or continued existence
o illicit connections o the storm drainage s stecand
m
11 LLA I Semler s prohibited. This prohibition ex ressly includes without
limitation illicit Any allah GFOSS connections made in the past, re ardless of
whether the connection was permissible under law or ractices 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 GFE)SS-connectionLsl 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 cit 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 followinq categories of non-stormwater dischar es are prohibited
unless the stated conditions are met:
1. Dischar es from otable water sources includif!g water line
flushing, hyperchlorinated water line flushingL fire hydrant system flushing and
Ordinance No. 6251
July 1, 2009
Page 4 of 7
pipeline hydrostatic test water. Planned dischar es 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 8.5 to 8.5 PH units as determined
by_ use of a
calibrated H meter or narrow range H indicator-paper with a resolution not
neater than ± 0.5 standard units: and volumetrically and velocity controll
d to
prevent re-suspension of sediments in the Public storm drainage- s stem
as
determined b visual ins ection.
2. Dechlorinated swimmin ool dischar es.- Dischar
es shall be
dechlorinated to a concentration of 4.1 ppm or less as determine b
colorimetric chlorine test kit:PH-adjusted to within the ran-e of 5.5 to 8.5 pH.
units
as determined -bv use of a calibrated H meter or narrow ran e H indicator
paper with a resolution not reater than ± 0.5 standard units: and volumetricall
and velocit controlled to prevent re-suspension of sediments in the public storm
drainage s stem as determined bV visual inspection.
3. street washing-at active construction sites. The entire area of
street that is to be washed must be cleaned bv sweepinq before washin is
permitted. street wash water must be collected and be discharged back onto the
construction site or otherwise be prevented from entering the ublic storm
drains-e system.
4. Other non-stormwater discharges shall be in compliance with the
re uirements of the stormwater pollution prevention Plan reviewed-bv reviewed-bthe Cit
which addresses control of construction site dewaterinq dischar es.
B. Discharge of Pollutants — Liability for Expenses Incurred b the
Utility. y
t . Any individual, firm or corporation responsible for'-pollutant discharge into
g
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 G-Public Works ,Director determines that the
type of discharge, whether singly or in combination with others, is a significant
source of water pollution:
les no
W:Uthi
e
■ ■ r
r
7
.Natural uncontaminated roundwatdr; uncontaminated air
conditioning condensation: natural s rin s■ uncontaminated water from crawl
s ace um s; irrigation runoff from agricultural sources that is comin led with
urban stormwater; discharges in corn liance with a NPDES ermit and
dischar es from approved footing drains and foundation drains.
D. Exemption. Discharges resulting directly from
emergency
firefighting activities, but not from activities such as the
Ordinance No. 6251
July 1, 2009
Page 5of7
maintenance or cleaning of firefighting equipment,
. g g q pment, are exempt from regulation
under this section.(Ord. 5853 1 2Q�g
§ 4, Ord. 5212 § 1(Exh. J 19994 1 } � , � rd . 44 92
§ 991.)
Section 5. Im lamentation. The
Mayor is hereby authorized to
implement such administrativerocedure
p s as may be necessary to carry out the
directions of this legislation.
Section 6. Severabili 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 validityof
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 itsassa
p ge, approval and publication as
provided by law.
ATTEST:
Danielle E. Daskam, City Clerk
Ordinance No. 0251
July 1, 2009
Page 6 of 7
INTRODUCED:
PASSED:
APPROVED:
CITY of AUBURN
PETER B. LEWIS
MAYOR
Published:
Ordinance No. 6251
July 1, 2009
Page 7 of 7