This chapter regulates all direct and indirect discharges to receiving waters and the municipal stormwater system, including discharges to private stormwater systems that discharge directly or indirectly to receiving waters or the municipal stormwater system, and any other direct or indirect discharge to receiving waters or the municipal stormwater system from real property or right-of-way.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Allowable discharges. Clean, uncontaminated stormwater from rain, snowmelt, and other types of precipitation is an allowed discharge to the municipal stormwater system.
In addition to the above, the following are not prohibited discharges for the purposes of this chapter unless the control authority determines that the discharge, whether alone or in combination with other discharges, is causing or is likely to cause a violation of this chapter or the municipal stormwater permit:
1. 
Diverted stream flows;
2. 
Rising groundwater;
3. 
Uncontaminated groundwater infiltration- as defined in 40 CFR 35.2005(b)(20);
4. 
Uncontaminated pumped groundwater;
5. 
Foundation drains;
6. 
Air conditioner condensation;
7. 
Irrigation water from agricultural sources that is commingled with urban stormwater;
8. 
Springs;
9. 
Uncontaminated water from crawl space pumps;
10. 
Footing drains;
11. 
Flows from riparian habitats and wetlands; and
12. 
Discharges from emergency firefighting activities.
B. 
Conditional discharges. The following are not prohibited discharges for the purposes of this chapter if the applicable discharge requirements outlined below are met; unless the control authority determines that the discharge, whether alone or in combination with other discharges, is causing or is likely to cause a violation of this chapter or the municipal stormwater permit:
1. 
Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the municipal stormwater system. In all cases, the receiving storm pipe and downstream system shall be monitored as directed by the control authority for the duration of the discharge. All discharge volumes and velocities shall be controlled to prevent resuspension of sediments in the municipal stormwater system and/or structural damage to the conveyance system;
2. 
Lawn watering and other irrigation runoff are permitted but shall be minimized;
3. 
Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and re-oxygenated if necessary. Such discharges shall also be at a volume and velocity that is controlled to prevent resuspension of sediments in the municipal stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water;
4. 
Street and sidewalk wash water, water used to control dust, and routine external building wash down that do not use detergents are permitted if the amount of street wash water and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
5. 
Non-stormwater discharges covered by another NPDES permit or State Waste Discharge permit, provided that the discharge is in full compliance with all requirements of such permit, or waiver, or order and all applicable laws and regulations and written approval has been granted by the control authority for any non-stormwater discharge to the municipal stormwater system. The control authority may require the discharge to be in compliance with the requirements of a SWPPP reviewed and approved by the control authority; and
6. 
Other non-stormwater discharges. The control authority may, in its discretion issue a special approved discharge authorization allowing non-stormwater discharges not covered by a NPDES permit to be discharged to the municipal stormwater system when such discharges are in compliance with the requirements of a SWPPP reviewed and approved by the control authority.
C. 
Prohibited discharges. No person shall throw, drain, spill, or otherwise discharge, cause, or allow others under their control to throw, drain, spill, or otherwise discharge any substance not specifically allowed or conditionally allowed into the municipal stormwater system or receiving waters. By way of example and not limitation, discharges that are contaminated with the following substances are prohibited.
1. 
Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil, and heating oil;
2. 
Antifreeze and other automotive products;
3. 
Metals in either particulate or dissolved form;
4. 
Flammable or explosive materials;
5. 
Radioactive material;
6. 
Batteries;
7. 
Acids, alkalis, or bases;
8. 
Paints, stains, resins, lacquers, or varnishes;
9. 
Degreasers and/or solvents;
10. 
Drain cleaners;
11. 
Pesticides, herbicides, or fertilizers unless preapproved as set forth at TMC § 12.08D.150F;
12. 
Soaps, detergents, or ammonia;
13. 
Steam-cleaning wastes;
14. 
Swimming pool or spa filter backwash;
15. 
Chlorine, bromine, or other disinfectants;
16. 
Heated water;
17. 
Domestic animal wastes;
18. 
Sewage;
19. 
Recreational vehicle waste;
20. 
Animal carcasses;
21. 
Food wastes or products, trash, or debris not otherwise enumerated in this section;
22. 
Bark and other fibrous materials;
23. 
Lawn clippings, leaves, or branches;
24. 
Silt, sediment, concrete, cement, gravel, asphalt, or construction materials, including track-out;
25. 
Chemicals not normally found in uncontaminated water;
26. 
Any other process-associated discharge, except as otherwise allowed in this section;
27. 
Any other material that is regulated as a hazardous substance or hazardous or dangerous waste by federal, state, or local laws and regulations; and
28. 
Discharge or overflow from fountains or other outdoor water features.
D. 
System overburden. This section shall not limit in any way the control authority’s ability to deny permission to discharge into the municipal stormwater system when such discharge could overburden the municipal stormwater system.
E. 
Prohibition of illicit connections. The construction, use, maintenance, or continued existence of illicit connections to the municipal stormwater system is prohibited, regardless of whether such connection was lawful at the time it was made. It shall be a violation of this chapter to connect a pipe, or other conveyance, conveying sewage or any other prohibited substance enumerated in this chapter to the municipal stormwater system or receiving waters, or to allow discharge through such a connection to continue.
F. 
Illicit discharges to the municipal stormwater system and receiving waters are prohibited and are subject to enforcement as prescribed by this chapter.
(Ord. 28761 Ex. D, 2021-05-25)
Immediately, but no later than twenty-four (24) hours after first becoming aware of such an event, any responsible person shall report to the control authority any spill, release, illicit discharge, or other incident causing a discharge that has contributed or is likely to contribute pollutants to the municipal stormwater system or a receiving water. Spills shall be reported to the control authority. This reporting requirement is in addition to any other reporting requirements imposed pursuant to federal and state laws and regulations, and local ordinances.
(Ord. 28761 Ex. D, 2021-05-25)
No person shall enter into or place, install, or affix any temporary or permanent private object, material, device, or other appurtenance within a public utility facility without written permission of the control authority. Certain utility facilities located within the right-of-way or in public easements could be damaged or their function disrupted by trespass or placement of non-approved items or other appurtenances. If such items are found in these facilities, they shall be removed without notice and disposed of by the City.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
The control authority may conditionally approve non-stormwater discharges to the municipal stormwater system by issuing a special approved stormwater discharge permit. Except as otherwise provided for herein, the rates and fees for discharging non-stormwater to the municipal stormwater system shall be established by ordinance or resolution of the City Council and consist of a special approved stormwater discharge permit application fee for each discharge location requested by the applicant and a special approved stormwater discharge permit quantity rate.
Applications for a special approved stormwater discharge permit shall be submitted at least 30 days prior to the requested discharge date.
B. 
The control authority may require that samples be taken of the proposed discharge to ensure compliance with federal, state, and local water quality requirements. Samples will be analyzed based on known and/or suspected pollutants in the proposed discharge. Sampling and analysis, when required, must be completed and results submitted to the control authority for review prior to any discharge to the municipal stormwater system. The control authority may require additional sampling as needed to ensure compliance with the above-referenced requirements.
C. 
Payments shall be made in a manner and at the frequency determined by the control authority.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Pursuant to the terms of the municipal stormwater permit, the City has implemented a stormwater management program that includes the use of its SWMM, and regulations and administrative procedures, which are administered by the control authority.
B. 
The following activities are regulated through the stormwater management program under this chapter:
1. 
Direct and indirect discharges to the municipal stormwater system or receiving waters within the City, including discharges related to stormwater maintenance activities.
C. 
Minimum source control requirements for existing discharges. Source control BMPs shall be implemented by all property owners, residents, businesses, and public entities engaged in pollution generating activities.
1. 
If the control authority determines that discharges from a property or right-of-way cause or contribute to an illicit discharge, a nuisance, a threat to public health and safety, or a violation of the municipal stormwater permit or this chapter, the control authority shall require the responsible person to implement and maintain BMPs in accordance with the SWMM. Structural source control BMPs, or treatment BMPs/facilities, or both, shall be required if operational source control BMPs do not prevent illicit discharges or violations of surface water, groundwater, or sediment management standards because of inadequate stormwater controls. BMPs shall be designed, operated, and maintained in accordance with the SWMM.
2. 
The control authority shall also require persons responsible for track-out conditions on streets or alleys to implement and maintain operational BMPs in accordance with the SWMM to prevent polluted matter from entering the municipal stormwater system.
3. 
Source control activities and BMPs shall be implemented to the extent necessary to prevent prohibited discharges and to prevent contaminants from coming in contact with stormwater. Source control activities and BMPs include, but are not limited to, segregating or isolating wastes to prevent contact with stormwater; enclosing, covering, or containing the activity to prevent contact with stormwater; developing and implementing inspection and maintenance programs; sweeping; and taking management actions, such as training employees on pollution prevention. Source control can also include structural source control BMPs, or treatment BMPs/facilities, or both.
4. 
Spill prevention BMPs shall be required for all businesses and public entities engaged in pollution generating activities and as otherwise required by the control authority. Minimum requirements for spill prevention shall include developing and implementing plans and procedures to prevent spills and other accidental releases of materials that may contaminate stormwater or receiving waters. This requirement may be satisfied either by implementation of a SWPPP prepared in compliance with an NPDES stormwater permit for the site; or implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of stormwater; and providing necessary containment and response equipment on-site. Personnel shall be trained regarding procedures and equipment to be used for spill prevention and cleanup.
D. 
Minimum requirements for new development and redevelopment. New development and redevelopment activities that meet or exceed the thresholds outlined in the SWMM shall comply with the minimum requirements contained in the SWMM.
E. 
Exemptions. Except as otherwise provided herein, development undertaken by the Washington State Department of Transportation in state highway rights-of-way that it owns or controls by long-term lease or easement, or for which it has maintenance responsibility, if undertaken in compliance with a WSDOT NPDES Permit, is exempt from the requirements of TMC § 12.08D.150D. Provided, however, that where a provision of TMC § 12.08D.150D is more stringent than a corresponding provision in the WSDOT NPDES Permit, the provision of TMC § 12.08D.150D shall apply. The Washington State Department of Transportation shall submit copies of plans for these exempt development activities within the aforementioned rights-of-way to the control authority prior to commencing such activities.
F. 
Stormwater maintenance activities. Proper maintenance of all municipal stormwater systems and all private stormwater systems shall be required in accordance with the SWMM or other control authority approved standards.
1. 
Maintenance and inspection. All private stormwater systems shall be maintained by the owner, or the homeowner and/or homeowner association or similar organization, if one is established as part of a residential or commercial development. All private stormwater systems shall be regularly inspected by the owner or other responsible person to ensure proper operation and monitored as required or as set forth in the SWMM or O&M manual approved by the control authority. The owner, or homeowner and/or owner association or other responsible person, shall maintain records of inspection and maintenance, disposal receipts, and monitoring results. The records shall catalog the action taken, the person completing the action, the date said action was taken, how the action was completed, results of any monitoring efforts, and any problems encountered or follow-up actions required. The records shall be made available to the control authority upon request. The owner, or homeowner and/or owner association, or other responsible person shall maintain a copy of the O&M manual on site, and shall make reference to such document in real property records filed with the Pierce County Auditor, so others who acquire real property served by the private stormwater systems or controls are notified of their obligation to maintain such private stormwater systems.
2. 
Control authority inspection and maintenance. The control authority is authorized to inspect all private stormwater systems in accordance with TMC § 12.08D.300 to ensure they are properly operating and are being properly maintained. If the stormwater system is not properly maintained, the control authority may notify the owner(s) that maintenance is required. If the owner(s) fails to maintain the stormwater system, the control authority may, with written notice to and permission of the owner(s), maintain the stormwater system and bill all associated costs to the owner as supplemental charges. In the event that emergency maintenance is needed to protect human health, property, or improvements and a reasonable attempt to contact the owner(s) is impracticable under the circumstances due to the potential for imminent harm or danger to persons or property, or such attempt at notice has failed, the control authority may exercise its legal rights and authority to protect health and property.
3. 
Pest control for stormwater BMPs/facilities. Use of pesticides, including herbicides, fungicides, and molluscicides in or adjacent to stormwater BMPs/facilities shall only be approved if applied in accordance with the specific operations and maintenance plan approved by the control authority for the BMP/facility, EPA’s guidance on integrated pest management and other applicable BMPs. The least invasive method of pest control shall be employed, which may include pesticide use if it is infeasible to use other control methods. Pesticide use shall be in accordance with the federal and state laws and regulations, including, but not limited to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. §136 et seq.) and specific restrictions or permitting required by the EPA, Department of Ecology and State Department of Agriculture. All pesticide application shall be applied only by or under the direct supervision of specially trained and certified Pesticide Applicators or Aquatic Pesticide Applicators.
4. 
Persons required to construct a stormwater BMP/facility pursuant to older or replaced site development or stormwater regulations, which is covered by a maintenance or defect financial guarantee or which has been released from all required financial guarantees prior to the effective date of this section, and all persons holding title to the property for which a facility was required shall be responsible for the continual operation and maintenance of the facility in accordance with standards and requirements that were the basis of approval of the site development permit and for any liability as a result of breach of these duties.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
General. Requests for exceptions from or adjustments to the minimum requirements of TMC § 12.08D.150D may be made according to the requirements of the SWMM and this section. Any such request must be made in writing and, at a minimum, contain the information outlined in the SWMM.
B. 
The approval of plans, specifications, and calculations for an exception or adjustment shall not prevent the control authority from requiring the correction of errors in such plans, specifications, or other data, or from enforcing the requirements of this chapter and any other provisions of the Tacoma Municipal Code.
C. 
The following public notice requirements apply whenever a request for an exception to the minimum requirements is received by the control authority. Requests for adjustments are not required to follow this section.
1. 
Public notice shall be made to inform the public about the contents of the request and the control authority’s decision to grant or deny it. Notice of the request and the control authority’s decision to grant or deny the request may be combined.
2. 
The notice shall be published for a minimum of one day, at the requester’s cost, in the City’s newspaper of record and a newspaper of general circulation within the City. The notice shall also be published on the City’s website for a minimum of one day.
3. 
The notice shall include: (i) a brief description of the request; (ii) a brief description of the control authority’s decision to grant the request and the reasons supporting the decision, or a statement that the request is denied; (iii) how and where the request and the control authority’s decision to grant or deny the request can be reviewed; and (iv) the name and contact information of a City employee who can answer questions regarding the request.
4. 
The City shall provide a copy of the control authority’s decision to grant or deny a request to the requester. The control authority’s decision to approve or deny a request shall include a reference to the procedures in TMC § 12.08A.140 for appealing such decision.
D. 
Appeals to the Hearing Examiner. Appeals of the control authority’s decision on a request for an exception or adjustment shall be made to the Hearing Examiner in accordance with TMC § 12.08A.140.
(Ord. 28761 Ex. D, 2021-05-25)
Property owners and homeowner associations or similar organizations, if one is established as part of a residential or commercial development for all projects that install privately owned stormwater BMPs/facilities and or private stormwater systems, shall enter into a covenant and easement agreement with the City in a form and content approved by the City Attorney. The covenant and easement agreement shall allow the control authority to access the property to inspect private stormwater BMPs/facilities or private stormwater systems, and shall, in the case of an emergency or owner neglect, authorize the control authority to repair and maintain such stormwater BMPs/facilities and systems. The covenant and easement agreement shall be recorded to the property title with the Pierce County Auditor’s Office by the property owner as a condition precedent to issuance of applicable permits or authorizations, unless otherwise specified by the control authority.
(Ord. 28761 Ex. D, 2021-05-25)
Owners of premises within the City adjacent to and abutting upon the municipal stormwater system or agents of such owners may, upon receipt of a permit to connect to the municipal stormwater system issued by the City, connect such premises to the municipal stormwater system and discharge stormwater into the municipal stormwater system. Such connections, including extensions necessary to make a connection, shall be in accordance with this chapter, the City’s Stormwater Management Manual, Right-of-Way Design Manual and other applicable requirements under the Tacoma Municipal Code. Such permit shall be issued only upon written application to the control authority by the owner of the premises, or owner’s agents, to be served and shall be subject to the following terms and conditions:
A. 
The property owner or agent shall obtain all permits and pay all fees required by the City prior to making a connection to the municipal stormwater system;
B. 
Extensions from premises to the municipal stormwater system for the purposes of connection shall be the responsibility of the owner of the premises;
C. 
Mitigation for system capacity shall be the responsibility of the applicant and shall be undertaken in accordance with this chapter, the City’s Stormwater Management Manual, Right-of-Way Design Manual and other applicable City regulations and ordinances;
D. 
Compliance with applicable Local Improvement District agreements;
E. 
Connections shall only convey discharges that comply with the requirements of TMC § 12.08D.110; and
F. 
Persons who violate the requirements of this section are subject to enforcement authorized by state law, and this chapter, including emergency suspension of service.
(Ord. 28761 Ex. D, 2021-05-25)