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2023-01-12 - Agenda Packetan �. Spd4gke 40;000;wl[ey. Agenda Spokane Valley Planning Commission Regular Meeting Thursday, January 12, 2022 at 6:00 p.m. Remotely via ZOOM meeting and In Person at 10210 E Sprague Avenue NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below: Public comments will only be accented for those items noted on the agenda as "public comment opportunity." If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in -person at the meeting in Council Chambers, as noted on the agenda below LINK TO ZOOM MEETING INFORMATION: httl)s://sl)okanevallev.zoom.us/w/87146597722 One tap mobile US: +12532158782„ 87146597722# or+13462487799„87146597722# US Dial by your location US: +1 253 215 8782 US 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: December 22, 2022 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: On any subject which is not on the agenda. 9. COMMISSION BUSINESS: a. Public Hearing: CTA-2022-0004 — Stormwater Management Regulations Update b. Possible Action: Findings Of Fact — CTA-2022-0004 — Stormwater Management Regulations Update 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 22, 2022 I. Planning Commission Chair McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke Bob McKinley Nancy Miller Sherri Robinson, absent Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Nikki Kole, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Robinson from the meeting. IV. AGENDA: Commissioner Beaulac made a motion to approve the agenda of the December 22, 2022 meeting as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the December 8, 2022 minutes as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Haneke reported that the recorded meeting posted online for December 8, 2022 was very hard to hear. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that the public hearing for the Stormwater Management Regulations Update will be held at the January 12, 2023 meeting. The public records and open public meetings act training will be held at the second meeting in January. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings Of Fact: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 12-22-2022 Planning Commission Minutes Page 2 of 2 Planner Levi Basinger presented the Findings of Fact for STV-2022-0003 to vacate 21 square feet of public right-of-way adjacent to University Road. He stated that the Planning Commission held a public hearing on the matter on December 8, 2022 where the Commission voted unanimously to recommend approval to the City Council. Commissioner Haneke moved to approve the Findings of Fact for the proposed street vacation STV- 2022-0003 as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. b. Findings of Fact: CTA-2022-0003 — Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk presented the Findings of Fact for CTA-2022-0003 regarding Comprehensive Plan Map and Zoning Map Amendments. He stated that the Planning Commission held a public hearing on the matter on December 8, 2022 where the Commission voted unanimously to recommend approval to the City Council. Commission Miller moved to approve the Findings of Fact for CTA-2022-0003 as presented. There was no discussion. The vote on the motion was five in favor, one opposed with Commissioner Haneke dissenting, and the motion passed. X. GOOD OF THE ORDER: Commissioner Beaulac commented that his term on the Planning Commission ends on December 31s`, 2022 (he has applied for re -appointment) but wanted to thank the Planning Commission and the staff for their time and effort while he has served on the Commission. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:1 S p.m. The vote on the motion was six in favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 12, 2023 Item: Check all that apply ❑ old business ❑ new business ® public hearing ❑ information ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Public Hearing: CTA-2022-0004 Stormwater Management Regulations Update GOVERNING LEGISLATION: chapter 90.48 RCW, WAC 173-218-070, chapter 22.150 SVMC, chapter 19.30 SVMC, and SVMC 17.80.150 PREVIOUS COMMISSION ACTION: December 8, 2022, Study Session — CTA-2022-0004 Stormwater Management Regulations Update BACKGROUND: The Washington State Department of Ecology (Ecology) provides the following definition for stormwater: Stormwater is rain and snow melt that runs of rooftops, paved streets, highways, and parking lots. Uncontrolled stormwater runoff can collect pollutants and harm the environment. Specific to our City, pollutants in stormwater runoff can harm the Spokane Valley — Rathdrum Prairie Aquifer, our region's primary source of drinking water. Ecology issues various permits under federal and state laws to control surface and groundwater pollution caused by stormwater runoff. The City's Stormwater Utility exists to ensure compliance with those applicable permits. The City manages its Stormwater Utility pursuant to the Spokane Valley Municipal Code (SVMC) chapter 22.150 SVMC (Stormwater Management Regulations), the Spokane Regional Stormwater Manual (SRSM), requirements set forth under the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) Permit, and the Washington Department of Ecology Underground Injection Control (UIC) Program. The MS4 permit requires the implementation and enforcement of a program designed to prevent, detect, trace, and eliminate illicit connections and discharges to the City's MS4. As part of this program, the City must adopt an ordinance by February 3, 2023, that specifically prohibits illicit discharges and authorizes enforcement actions. The required language will be incorporated into the existing chapter 22.150 SVMC, the Stormwater Management Regulations. Staff will discuss the required text amendments, and the proposed adoption schedule at the meeting. OPTIONS: Conduct the public hearing and deliberate on the proposed amendment and direct staff to prepare a recommendation to the City Council to approve as is or with modifications or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to direct staff to prepare a recommendation of approval to City Council of CTA-2022-0004 based on the findings presented in the staff report. STAFF CONTACT: Adam Jackson, PE, Engineering Manager— Stormwater Utility Chad Phillips, PE, Stormwater Engineer ATTACHMENTS: 1. Presentation 2. Staff Report 3. Draft chapter 22.150 SVMC RPCA Public Hearing for Code Text Amendment CTA-2022-0004 Page 1 of I ql- v) U z O o O ryo MUO QN �o W N Cn U N Ce N _J F C N U 4� E 4-J Q) n ru r- U ro L 044 Ql c 5' a 0) w a_ 0 w 0 ru 0 Ln a- PSI -0 U N 0 n• ro ' a � W � a� n • ra O a; O Q r Q U o v a C a N N N (6 �J N v Qi 0 3 c OQ p E cn E o O mQ . o, u o p C '� o �0 one o V � 4J lry O Q O L w w M) fd � .. -0 C F y Pa' V O y _ Q Q O 0 C �'' 2: -D D L � U V) Q • co \,1- 3 _ ® * y \ � / ± E / ) / E \ ƒ k � 3 E \ / z U � 0) $ \ 2 9 � >�ro �- u O )u �o MI k/$ � �4-J� 2 / a) k \ � ® G = E § a \ \ 4 i v y z E CD-? e & 4-1 k £ y O . . . u 0 C O Q M a N � O Q N cD N N N O o rsjO rlj O U N i U M CO M i rn N M N N f D fU O NO ON Q N N E O N LL 0 N N > rn O I N z I O No E rfa : I c c o p u c ° o c 0 (n U cn 0 I � a N 11 4 O _O 0) ULT O u O o Q O — u O U z V _ C O i C1 -0 U 0 a O Oru E a can U) a iL U Q N U Ln I 2)v COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING Spokane STAFF REPORT AND RECOMMENDATION TO THE 49�0''vaik J PLANNING COMMISSION CTA-2022-0004 STAFF REPORT DATE: January 5, 2023 HEARING DATE AND LOCATION: January 12, 2023 beginning at 6:00 p.m.; This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting is provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to adopt stormwater management regulations in compliance with the state -issued municipal separated storm sewer system (MS4) permit, and other related matters. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: Staff concludes that CTA-2022-0004 is consistent with the minimum criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Lori Barlow, AICP, Senior Planner, Adam Jackson, PE, Engineering Manager — Stormwater Utility; Chad Phillips, PE, Stormwater Engineer REVIEWED BY: Chaz Bates, Planning Manager ATTACHMENTS: Exhibit 1: Proposed Amendment APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date SEPA — DNS Issued December 16, 2022 Published Notice of Public Hearing: December 23 and 30 2022 Department of Commerce 60-day Notice of Intent to Adopt Amendment November 30, 2022 Background: Ecology issues various permits under federal and state laws to control surface and groundwater pollution caused by stormwater runoff. The City's Stormwater Utility exists to ensure compliance with those applicable permits. The City manages its Stormwater Utility pursuant to chapter 22.150 SVMC of the Spokane Valley Municipal Code (SVMC) (Stormwater Management Regulations), the Spokane Regional Stormwater Manual (SRSM), requirements set forth under the National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Separate Storm Sewer System (MS4) Permit, and the Washington Department of Ecology Underground Injection Control (UIC) Program. Staff Report and Recommendation CTA-2022-0004 The MS4 permit requires the implementation and enforcement of a program designed to prevent, detect, trace, and eliminate illicit connections and discharges to the City's MS4. As part of this program, the City must adopt an ordinance that specifically prohibits illicit discharges and authorizes enforcement actions. The required language will be incorporated into the existing chapter 22.150 SVMC, the Stormwater Management Regulations. ANALYSIS: 1. The proposed regulations clarify various procedural components of the stormwater regulations to identify that the City Manager or designee has the authority to develop and administer standards their role in the review process, establishing conditions of approval, granting deviations, stormwater facility construction and certification and various other sections throughout Chapter 22.150 SVMC. The CTA makes Chapter 22.150 consistent with other portions of the SVMC. 2. The proposed regulations identify specific discharges that are exempt from the discharge regulations, as well as identify the non-stormwater discharges that are specifically prohibited unless requirements are met. The exempt discharges, prohibited discharges, and discharge requirements are established by the proposed CTA consistent with the City's MS4 permit requirements. The CTA makes the City's stormwater regulations consistent with the State requirements. 3. The proposed regulations establish the City's authority to take immediate action if a violation constitutes a danger to public health or safety and further identifies the process to seek abatement. The proposed authority and actions are consistent with the City's regulations to abate violations and restore property. The CTA makes the enforcement section of the stormwater regulations consistent with chapters 17-22 SVMC. 4. The regulations implement many of the goals and policies of the Comprehensive Plan. The regulations protect the Spokane Valley-Rathdrum Prairie Aquifer from contamination and regulate discharges consistent with applicable State permit requirements and stormwater plans. A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: T-G1 Ensure that the transportation system and investments in transportation infrastructure are designed to improve quality of life or support economic development priorities. T-P2 Consider neighborhood traffic and livability conditions and address potential adverse impacts of public and private projects during the planning, designing, permitting, and construction phases. Page 2 of 4 Staff Report and Recommendation CTA-2022-0004 CF-PI Seek a balance between the quality and cost of providing public facilities and services. CF-P3 Coordinate the construction of public infrastructure with private development to minimize costs. NR-G2 Protect the Spokane Valley-Rathdrum Prairie sole source aquifer from contamination and maintain high quality groundwater. NR-G4 Regularly update stormwater management plans for sensitive riparian areas. NR-P5 Coordinate with regional collaborators to protect and improve regional water quality. NR-P7 Educate the public about the Spokane Valley-Rathdrum Prairie and Spokane River's susceptibility to contamination. NR-P8 Maintain compliance with state underground injection control and the National Pollutant Discharge Elimination System permit. NR-P10 Maintain stormwater plans to include inventory and maintenance of stormwater facilities. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The proposed amendments support the protection of surface waters and the Spokane Valley — Rathdrum Prairie Aquifer. The CTA amends the regulations to be consistent with Ecology's Municipal Separate Storm Sewer System (MS4) permit requirements. The City recognizes the need to monitor and enforce stormwater runoff regulations to prevent the contamination of groundwater and degradation of water quality. These regulations prevent unmanaged stormwater and reduce pollution from the runoff. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA-2022-0004 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. b. Conclusion(s): Page 3 of 4 Staff Report and Recommendation CTA-2022-0004 No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment file CTA-2022-0004, adopting amendments to the stormwater management regulations in compliance with the state - issued municipal separated storm sewer system (MS4) permit, and other matters related, is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 4 of 4 Chapter 22.150 STORMWATER MANAGEMENT REGULATIONS Sections: 22.150.010 Finding and purpose. 22.150.020 Regulated activities. 22.150.030 Authority to develop and administer standards. 22.150.040 Standards for stormwater management. 22.150.050 Review process. 22.150.060 Conditions of approval. 22.150.070 Deviations and appeals. 22.150.080 Stormwater facility construction and certification. 22.150.090 Inspection. 22.150.100 Property owner responsibilities. 22.150.110 Public drainage facilities. 22.150.120 Failure to comply —Nuisance. 22.150.130 Enforcement. 22.150.010 Finding and purpose. The City shall manage increased surface water flow and stormwater runoff o fs,� from the use and development of real property •• itNn the Gity FRus! be managed o protect persons, property, and the environment. The City shall implement policies and procedures to: A. Minimize the degradation of water quality in surface water and groundwater; B. Reduce the impact from increased 9114436P WRIPF PAW tormwater runoff, erosion and sedimentation caused by the propertydevelopment efpropeny C. Promote site planning and land development practices that are consistent with site*& topographyie-9 and hydrological conditions; and D. Maintain and protect public and private property that is used and dedicated for stormwater management. 22.150.020 Regulated activities. No person on any public or private real property located within the City shall engage in the following regulated activities without City's approval. The regulated activities for development are: A. Grading of land in excess of 500 cubic yards B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages, the threshold applies to the total amount of impervious surfaces replaced or added at full build -out; C. Disturbance of one acre or more; D. The subdivision, short subdivision and binding site plan process pursuant toss defined in Cchapter 58.17 RCW and SVMC—Title 20 SVMC: and E. Construction of drywells or other UIC wells regulated by Cchapter 173-218 WAC, UIC Program. F Any disel.ames to ....- fieA ..,M...... 22.150.030 Authority to develop and administer standards. The development ent __..:___ senieF _ngin__. city manager or designee shall develop and administer City standards that relate to best management practices and the threshold requirements for the development of stormwater control facilities. The de•: e!erfne it sen,mees SeRiO: _Rgi __: =itv manager or designee is- fWthff A'AhAr"21.0d tAshall also develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans. Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, and reduce soil erosion and sedimentation through the use of temporary and permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater, erosion and sediment control methods that meet the specific circumstances of each site and intended use. 22.150.040 Standards for stormwater management. The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context requires otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley. The city clerk shall maintain a copy on file. 22.150.050 Review process. Following submittal of a request to engage in a regulated activity, the deyelepmen• e_-:•?__s senie: engineer: ity manager or designee shall review the proposed regulated activity, including any plans or other submitted material. The city manager or designee shall determine whether the regulated activity is exempt from review based upon the threshold requirements or, alternatively, whether the regulated activity complies with the standards, specifications and requirements contained in the City standards. The itv manager or designee may require the submission of additional material and/or analysis to allow the proponent to demonstrate compliance with City standards. 22.150.060 Conditions of approval. The manager or designee is authorized to impose development requirements or conditions of approval for the regulated activities. These conditions may be placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities will be developed. Conditions of approval shall be based on the City standards, the preliminary site drainage plan, existing site condition, known stormwater problems, engineering reports or other relevant data t1wt-Lopromotes stormwater control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the environment. 22.150.070 Deviations and appeals. A. Authority. The iri manager or designee may grant a deviation from the requirements of this chapter or City standards. In granting any deviation, the develepmeFA iry manager or designee may prescribe conditions that are deemed necessary or desirable for the public interest. B. Deviation Criteria. No -A deviation shall not be granted unless the applicant demonstrates, to the satisfaction of the ity manager or designee the following: 1. Deviations are based upon sound engineering principles, best management practices and are not inconsistent with the public interest in stormwater control and environmental protection; 2. The granting of the deviation will not he unduly detrimental or injurious to other properties in the vicinity and downstream; 3. The proposed deviation does not conflict with or modify a condition of approval; and 4. Deviations meet requirements for safety, function, appearance, and maintainability. C. Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial construction plans and issuance of any building, Qrading, approach, or site waFk ther permits. D. Right of Appeal. All actions of the a_.._I_pmen! _en.?_e_ __nie =itv manaeer or designee in the administration and enforcement of this chapter shall be final and conclusive, unless within 15 days from notice of the city manager or designee's decision, the applicant or an aggrieved party files a notice of appeal with the hearing examiner. 22.150.080 Stormwater facility construction and certification. All Stormwater facilities shall be completed and certified by the proponent's engineer prior to any final plat, short plat, binding site plan, or the issuance of a permanent certificate of occupancy or final inspection for any associated building or grading permit At the discretion of the development sen,ioe senioF en -H eercity manager or designee, a k—A—@ acility may be tested peFfeffned4o demonstrate adequate performance. The test shall be performed in the presence of development engineekflgcUty- persennel Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when completion of improvements prior to final land action or permanent certificate of occupancy is impractical (i.e., due to construction season delays or other factors beyond the proponent's control). In the event that a performance surety is accepted , the proponent shallwitt complete the following measures prior to the release of the surety: A. All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified vegetation, shall be completed in accordance with the accepted plans on file with the City. The proponent's engineer shall certify the improvements and request an oversight inspection from develepmeRt eRgineeFiRg .,e.r,....._Ilhg CI . B. An exception may be granted for single-family or two-family residential subdivisions where the completion of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough -grade the swales to the required volume and install all drywells, inlets, curb drops and other structures in accordance with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the installed drainage structures and to prevent erosion and/or failure of the swale side slopes. This includes, but is not limited to, lining the swale with geo-fabric that can be removed along with accumulated silt, until the Swale is final -graded and vegetated. The completion of the landscaping, irrigation, and establishment of specified vegetation shall be required prior to issuance of the permanent certificate of occupancy or final inspection for any associated dwelling. A warranty surety shall be submitted to the City upon successful completion and certification of all public improvements to guarantee against defects in construction. The warranty surety will be for a period of two years from the date the facility is accepted by the City. 22.150.090 Inspection. The dON'e16PFHo.1• SOR460S ..e..:,.- a flgi .ee- gity manager or designee is authorized to field inspect on both public and private property, as appropriate, street, building site, artddrainage construction, and stormwater facilities to verify conformance with City standards, and -the conditions of approval Proper maintenance and management of stormwater facilities installed pursuant to a City of Spokane Valley development application and pursuant to SVMC 17.100.030(G). If deemed necessary, inspection for proper maintenance and management of stormwater facilities, the City may require private property owners provide annual certification by a qualified third party that adequate maintenance has been performed and the facilities are operating as designed to protect water quality. 22.150.100 Property owner responsibilities. A. The property owner shall comply with Title 22 SVMC The property owner shall be responsible for repair, restoration, and perpetual maintenance of the stormwater facility installed on private property and any portion of the swale situated in a public right-of- way adjacent to their respective properties. B. For purposes of this chapter, "repair and restoration' shall mean conforming the stormwater facility to the plans on file with the City. This responsibility to repair, restore and maintain shall be imposed without regard to any fault or wrongful intention on the part of the property owner. 1. "Maintenance" means preservation of the original area, volume, configuration and function of the stormwater facility as described in the plans. 2, `Maintenance" also includes mowing, irrigating, and replacing when necessary the lawn turf within the swales. 2. The property owners within single-family and two-family residential subdivisions are not responsible for maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way and conform to City access standards and are located within the public right-of- way or a border easement dedicated to the City. The City of gpekane Valley will maintain the drywells, inlets and pipes upon acceptance of the public infrastructure. C. The property owner is responsible for keeping open the drainage and stormwater easements on their property. If a drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or stormwater easement is reduced, the property owner is responsible, at their own expense, for removing the encroachment or detriment. D. The property owner is responsible for keeping open maintenance access easements serving drainage facilities and drainage easements. E. The property owner shall not place or permit, and shall immediately remove, vehicles, equipment, objects, refuse, garbage or litter from the stormwater facility. 22.150.110 Public drainage facilities. It shall be unlawful for any person to throw, drain, pour or otherwise discharge ether liquidsoollutants or waters containing any pollutants, other than stormwater einto City owned facilities. Fights ofway, ,._,.,._,,,,_easements .ithBut wF611en POFFHkSiOfle.ti , designees r.iseh.,_,.e oSuch discharges shall be prohibited unless exempted belo E.rOF PUFPOSOS OfthiSr A. The following discharmes are exempt from discharge prohibitions established by this chapter: 1. Diverted stream flows: 2. Rising ground waters; 3. Uncontaminated ground water infiltration (as defined at 40 C.F.R 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 stormwater; 8. Springs• 9. Uncontaminated water from crawl space pumps: 10. Footing drains: 11. Flow from riparian habitats and wetlands: and 12. Emergency firefighting activities. B. The prohibition shall not aooly to any non-stonnwater discharge permitted under an NPDES permitstate waste discharge permit, or other applicable permit issued to the discharger and administered under the authority of the Washington State Department of Ecology; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the public storm drain system by the City. C. The following non-stormwater discharges are prohibited unless the stated conditions are met: .,RFI ♦r,e ...,te. ,,...,d in s ,.,1............. es; and I. Surface water containing sediment: 2. Water discharged from the cleaning of containers or equipment used in laving, cutting, or processing concrete and mortar and the water used in such processes: 3. Water discharged from the cleaning of equipment or containers holding paint solvents or similar contaminants: and 4. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater control and treatment facilities. 5. Discharges from potable water sources, including 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 pom or less, PH -adjusted if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the public drainage system. 6. Discharges from lawn watering and other irrigation runoff shall be kept to a minimum and shall not cause damage to public streets or sidewalks; 7. Swimming pool, hot tub and spa discharges shall be dechlorinated to a concentration of 0.1 Dom or less, M-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the public drainage system. Swimming pool cleaning wastewater and filter backwash are prohibited. 8 Street and sidewalk wash water, water used to control dust, and routine external building wash down shall not contain soaps or detergents and shall be kept to a minimum. Practices shall be implemented prior to washing to reduce pollutants from entering the public drainage facility including but not limited to sweeping picking up litter and controlling velocity of discharge 9. Other non-stormwater discharges shall be reviewed by the City for compliance with applicable regulations, required permits, and the approval of a pollution prevention plan from the authorizing governing agency. D. Non-stormwater discharges listed above shall be prohibited if identified as a significant source of pollutants to waters of the state. E. Requirement to prevent control and reduce stormwater pollutants by the use of best management practices (BMPs): The owner or operator of such activity, operation or facility which may cause or contribute to pollution or contamination of stormwater or the storm drain system shall provide, at the source control (structural and nonstructural) BMPs in reference are those published in the current edition of the Stormwater Management Manual for Eastern Washington. Further, any person responsible for a property or premises that is or may be the source of an illicit discharge may be required to implement, at said person's expense additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal storm drain system. Compliance with all terms and conditions of a permit issued and administered under the authority of the Washington State Department of Ecology authorizing the discharge of stormwater, to the extent practical shall be deemed in compliance with the provisions of this section. 22.150.120 Failure to comply — Nuisance. The following is declared to be unlawful and a public nuisance: A. The placement, construction, or installation of any structure within, or the connection to, a public stormwater facility without written permission of the city manager or designee; or B. The discharge of stormwater to a public stormwater facility without permission of the city manager or designee; or C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or D. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or litter within the stormwater facility. E. Any prohibited discharge pursuant to SVMC 22.150.110 22.150.130 Enforcement. Enforcement of this chapter shall be pursuant to Schapter 17.100 SVMC. In the event the violation constitutes an immediate dancer to public health or public safety, the City is authorized to enter private property pursuant to SVMC 17 100 030(G) to inspect verify and take any and all measures necessary to abate the violation and/or restore the property. The City is authorized to seek costs of the abatement pursuant to SVMC 17.100.