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HomeMy WebLinkAboutWWpermitMODsigned 12.10.10 THIS PAGE INTENTIONALLY LEFT BLANK 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 THIS PAGE INTENTIONALLY LEFT BLANK 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. Western Washington Phase II M unicipal Stormwater Permit 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. Western Washington Phase II M unicipal Stormwater Permit 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: Western Washington Phase II M unicipal Stormwater Permit 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. Western Washington Phase II M unicipal Stormwater Permit 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. Western Washington Phase II M unicipal Stormwater Permit 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. Western Washington Phase II M unicipal Stormwater Permit 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. Western Washington Phase II M unicipal Stormwater Permit 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.