Article II Illicit Connections and Discharges

Requirements for Discharges. Planned discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water shall be dechlorinated to a concentration of .01 ppm or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges from lawn watering and other irrigation runoff shall be minimized through, at a minimum, public education activities and water conservation efforts. Dechlorinated swimming pool discharges shall be dechlorinated to a concentration of .01 ppm or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent re-suspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. Street and sidewalk wash water, water used to control dust, and routing external building wash down that does not use detergents shall be reduced, at a minimum, by public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, permittees 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 nonstormwater discharges shall be in compliance with the requirements of the city of Omak stormwater management plan, which addresses control of such discharges.

Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal separate storm sewer or watercourses, any materials including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm sewer system is prohibited except as described as follows:

The following discharges are exempt from discharge prohibitions established by this article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically containing less than one milligram per liter chlorine before dechlorination), firefighting activities, excess irrigation waters, and any other water source not containing pollutants.

Discharges authorized by a current NPDES permit issued by WDOE or EPA.

Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

§ 9.12.120 Suspension of municipal separate storm sewer access.

Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

(5)

The prohibition shall not apply to any nonstormwater discharge authorized by an order issued to the discharger by WDOE and approved by the city; provided, that the discharger is in full compliance with all requirements of the order and other applicable laws and regulations.

(c)

Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this article if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue.

(Ord. 1705 § 6, 2011)

Suspension Due to Illicit Discharges in Emergency Situations. The city may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threat-ened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system, or to waters of the U.S. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the U.S., or to minimize danger to persons.

§ 9.12.130 Industrial or construction activity discharges.

Suspension Due to the Detection of Illicit Discharge. Any person discharging to the storm sewer system in violation of this article may have their storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of their storm sewer system access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city.

(Ord. 1705 § 7, 2011)

Any person subject to an industrial or construction activity authorized through a NPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the storm sewer system.

(Ord. 1705 § 8, 2011)

§ 9.12.140 Monitoring of discharges.

Applicability. This section applies to all facilities that have stormwater discharges associated with industrial and construction activities.

Access to Facilities.

The city shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.

Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under conditions of an NPDES permit to discharge to the storm sewer system, and the performance of any additional duties as defined by state and federal law.

The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the facility’s discharge to the storm sewer system.

The city has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5)

Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6)

Unreasonable delays in allowing the city access to a permitted facility are a violation of this article. A person who is the operator of a facility with a NPDES permit to discharge to the storm sewer system commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(7)

If the city has been refused access to any part of the premises from which discharges to the storm sewer system occur, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. 1705 § 9, 2011)

§ 9.12.150 Watercourse protection.

Every person owning property through which a water-course passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

(Ord. 1705 § 10, 2011)

§ 9.12.160 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the storm sewer system or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such releases. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(Ord. 1705 § 11, 2011)

§ 9.12.170 Enforcement.

Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this article, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

The performance of monitoring, analyses and reporting;

The elimination of illicit connections or discharges;

That violating discharges, practices or operations shall cease and desist;

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)

Payment of a fine to cover administrative and remediation costs; and

(6)

The implementation of source control or treatment BMPs.

§ 9.12.180 Appeal of notice of violation.

If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

(Ord. 1705 § 12, 2011)

Any person receiving a notice of violation may appeal the determination to the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the city or its designee shall take place within ten days from the date of receipt of the notice of appeal. The decision of the city shall be final.

(Ord. 1705 § 13, 2011)

§ 9.12.190 Enforcement measures after an appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.

(Ord. 1705 § 14, 2011)

§ 9.12.200 Cost of abatement of the violation.

Within thirty days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid in a timely manner as determined by the decision of the city or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than twelve equal payments. Interest at the highest legal rate shall be assessed on the balance beginning on the thirty-first day following discovery of the violation.

(Ord. 1705 § 15, 2011)

§ 9.12.210 Penalties.

Failure to perform any act required or other performance of any act prohibited by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

For a first violation, the offender shall be subject to a civil penalty of one hundred dollars;

For a second violation, the offender shall be subject to a civil penalty of five hundred dollars;

For a third violation, the offender shall be subject to a civil penalty of one thousand dollars;