18.04.260 Prohibited acts.
It shall be prohibited and in violation of this chapter for any person or entity to:
A. Throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than storm water. Examples of prohibited contaminants include but are not limited to the following:
1. Trash or debris.
2. Construction materials.
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.
4. Antifreeze and other automotive products.
5. Metals in either particulate or dissolved form.
6. Flammable or explosive materials.
7. Radioactive material.
8. Batteries.
9. Acids, alkalis, or bases.
10. Paints, stains, resins, lacquers, or varnishes.
11. Degreasers and/or solvents.
12. Drain cleaners.
13. Pesticides, herbicides, or fertilizers.
14. Steam cleaning wasters.
15. Soaps, detergents, or ammonia.
16. Swimming pool or spa filter backwash.
17. Chlorine, bromine, or other disinfectants.
18. Heated water.
19. Domestic animal wasters.
20. Sewage.
21. Recreational vehicle waste.
22. Animal carcasses but not those naturally occurring from natural causes such as salmon, deer, raccoon, birds, or other native species.
23. Food wasters.
24. Bark and other fibrous materials.
25. Lawn clippings, leaves, or branches from landscaping activities.
26. Silt, sediment, concrete, cement or gravel.
27. Dyes.
28. Chemicals not normally found in uncontaminated waters.
29. Any other process-associated discharge except as otherwise allowed in this section.
30. Any hazardous material or waste not listed above.
a. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
(1) Diverted stream flows.
(2) Rising ground waters.
(3) Uncontaminated ground water infiltration – as defined in 40 CFR 35.2005 (20).
(4) Uncontaminated pumped ground water.
(5) Foundation drains.
(6) Air conditioning condensation.
(7) Irrigation water from agricultural sources that is commingled with urban storm water.
(8) Springs.
(9) Uncontaminated water from crawl space pumps.
(10) Footing drains.
(11) Flows from riparian habitats and wetlands.
(12) Discharges from emergency firefighting activities in accordance with current authorized discharges as described in the Western Washington Phase II municipal storm water permit, Chapter 90.48 RCW, the Water Pollution Control Act.
b. Conditional Discharges. The following discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
(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 de-chlorinated to a concentration of 0.1 parts per million or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent re-suspension of sediments in the storm water system;
(2) Lawn watering and other irrigation runoff are permitted but shall be minimized by reasonable city efforts to provide public education and water conservation efforts;
(3) De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 parts per million or less, pH-adjusted, and re-oxygenated if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the storm water system. These discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the surface and storm water management system;
(4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
(5) Non-storm water discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;
(6) Other non-storm water discharges. The discharges shall be in compliance with the requirements of a storm water pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying all known and reasonable technology (AKART) to prevent contaminants from entering surface or ground water:
B. Cause or permit pollutants to enter any private drainage system which drains directly or indirectly into a private drainage system, or into the public drainage system;
C. Cause any damage to any drainage facilities or a private drainage system or the public drainage system;
D. Cause or permit horses, cattle, or other domestic animals to enter any watercourses or wetlands that are part of the drainage system of the city, except those permitted by the Washington State Department of Ecology. Storm water for stables, pastures, kennels, and other animal enclosures shall be treated with all reasonable BMPs for water quality protection so as to prevent polluted drainage waters from entering the drainage system of the city;
E. Cause or permit clearing, grading, or other land surface changes to take place in such a way as to allow drainage from the site to carry any suspended or dissolved matter into the drainage system of the city without first treating the drainage with all reasonable BMPs;
F. Cause or permit any work that would result in the transmission of silt, pollution materials, or other foreign substances from one part of the drainage system to another, without first treating the drainage with all reasonable BMPs;
G. Discharge any water or in any way cause the temperature of the water discharged from the property to exceed by more than five degrees Fahrenheit the temperature of the nearest receiving body of waters, by the time it reaches the receiving body of waters;
H. Introduce into the drainage system any liquid or solid foreign substances which shall cause the water quality to degrade from the water quality standards of the receiving body of waters;
I. Place obstructions of any kind which would prohibit the free passage of fish, in channels which may contain fish now, or with improvements could contain fish in the future, unless approved by the director or through the hydraulic project approval (HPA) process;
J. Release any illicit discharge other than those authorized by a National Pollutant Discharge Elimination System (NPDES);
K. Abatement – Discharge of Pollutants – Liability for Expenses Incurred by the City.
1. Any person responsible for a pollutant discharge into the surface waters or storm water system shall be responsible for the costs and expenses incurred by the city in carrying out any pollutant abatement or restoration procedures, including the collection, removal, containment, treatment or disposal of pollutant materials, and including all personnel, legal and other costs and expenses. (Ord. 2233 § 2, 2017; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1634 § 1, 1996).