2023-01-12 - Agenda Packetan �. Spd4gke
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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:
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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
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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:
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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.