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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