HomeMy WebLinkAbout2018-03-26-minutes-public-works-study-sessionKITTITAS COUNTY COMMISSIONERS
Public Works Study Session
Regular Meeting
Monday March 26, 2018 -1:30 PM
Commissioners' Auditorium
205 West 5th Room 109 - Ellensburg
1. Call to Order
2. Request to Authorize Chair Signature on the Digital Submittal Certification to the County
Road Administration Board
3. Washington State Department of Ecology petition to nominate Kittitas County for an MS4
permit
4. Other business
5. Adjourn
Created on 3/2212018 1:40:32 PM
KITTITAS COUNTY
PUBLIC WORKS STUDY SESSION MINUTES
COMMISSIONERS' AUDITORIUM, 205 WEST STH ROOM 109 - ELLENSBURG
Regular Meeting
MONDAY 1:30 PM March 26, 2018
Board members present: Chairman Laura Osiadacz; Vice -Chairman
Obie O'Brien; Commissioner Paul Jewell
Others: Mark Cook, Lucas Huck, Candie Leader, Public Works; Dan
Carlson, Stephanie Mifflin, Mike Flory, Community Development
Services; Kayla Bonar, Daily Record; Two (2) members of the
public
REQUEST TO APPROVE A RESOLUTION AUTHORIZING CHAIR SIGNATURE ON
THE DIGITAL SUBMITTAL CERTIFICATION TO THE COUNTY ROAD
ADMINISTRATION BOARD
At 1:31 pm Chairman Laura Osiadacz opened the Public Works Study
Session. Mark Cook requested to add four items to the agenda
under Other Business - Floodplains By Design Grant Update;
Cooperative Partnership Grant with FEMA; Weihl Road RID Update
and Transportation Element Update.
Mark Cook presented a Resolution Authorizing Chair Signature on
the Digital Submittal Certification to the County Road
Administration Board (CRAB). Mark Cook stated that this is a
yearly process where the County Engineer reports traffic law
enforcement diversion from the Road Fund and other annual
reporting as required by CRAB. Discussion was held.
Commissioner Osiadacz called for a motion to approve Resolution
2018-057 Authorizing Chair Signature on the Digital Submittal
Certification to the County Road Administration Board.
Commissioner O'Brien moved to approve Resolution 2018-057
Commissioner Jewell seconded said motion. Motion carried 3-0
with no discussion.
WASHINGTON STATE DEPARTMENT OF ECOLOGY PETITION TO NOMINATE
KITTITAS COUNTY FOR A MS4 PERMIT
Mark Cook reported on an issue that is emerging with the
Department of Ecology (DOE) and gave background from 2014 when
DOE issued a general stormwater permit to the City of Ellensburg
and at that time expressed no interest in issuing a MS4 Permit
for Kittitas County. Mark Cook commented that recently there
2018-03-26 MINUTES
has been movement at DOE and three (3) to four (4) months ago
the Board of County Commissioners were briefed about DOE
contacting Public Works to potentially look at several sites in
the county that they were expressing interest in. Mark Cook
continued that the current effort now is to reissue MS4 permits
in August of 2018 and in that process DOE determined that they
had sufficient interest in Kittitas County that they sent over
the nominating criteria and have the ability to petition the
inclusion of the county, if the county were to meet certain
criteria as set by DOE. Mark Cook added that he spent a better
part of last week preparing a response to DOE that was sent over
Friday afternoon. Mark Cook continued that DOE has only
expressed interest in the Urban Growth Area of Ellensburg. Mark
Cook added that he has a meeting with a representative of DOE
this week and will update the Board of County Commissioners
after that meeting. Discussion was held.
OTHER BUSINESS
FLOODPLAINS BY DESIGN GRANT
Mark Cook reported that a grant was submitted for the
acquisition of property south of Hansen Pits. Kittitas County
recently sent a letter of support signed by the Board of County
Commissioners recognizing the importance of the acquisition.
Mark Cook continued that the first round of scoring has been
completed for the applications with Kittitas County's
application currently being rated sixth (6th) out of twenty-four
(24) applications. Mark Cook noted that the City of
Ellensburg's application was rated first (15t) out of the twenty-
four (24) applications. Mark Cook added that he will update the
Board of County Commissioners after the second round of scoring
is complete. No direction was given.
COOPERATIVE TECHNICAL PARNTERSHIP GRANT WITH FEMA
Mark Cook stated that recently FEMA had reached out to staff to
consider working with them through their Cooperative Technical
Partnership program to develop another two (2) dimensional flow
model for a creek system in Kittitas County. Mark Cook
continued that he nominated Reecer Creek and the rationale for
this is that the Currier Creek model has been accepted and the
confluence of Reecer and Currier at the casino has been modeled,
however, from that point to the river has not been done. FEMA
is offering $50,000 for the project with the match being the
same amount. Discussion was held. No direction was given.
2018-03-26 MINUTES
WEIHL ROAD RID UPDATE
Mark Cook stated that staff continues to work on the Weihl Road
RID and most recently briefed the Board of County Commissioners
on the technique for which the Road Improvement District is to
be formulated. Mark Cook continued that staff had a forty
percent (40%-) design completed for the project, however, with
increasing work load felt it was necessary to draft a task order
with one of our on call consultants to finish the design. Mark
Cook added that this was budgeted for $41,000 and the scope of
work came back at around $46,000. Commissioner Jewell inquired
about legal review and discussion. Mark Cook replied that he
had not heard anything from legal about the formulation proposal
and will follow up. Discussion was held.
TWENTY (20) YEAR TRANSPORTATION ELEMENT UPDATE
Mark Cook commented that the Transportation Element was close to
being complete and a comment letter on the draft plan will be
sent to Fehr and Peers for review. Mark Cook continued that he
has some concerns regarding the financial portion of the plan
including the consideration of a motor vehicle gas tax. Mark
Cook added that he is hoping to have the plan complete by the
end of April and prior to the departure of Commissioner Jewell.
Discussion was held. No direction was given.
PUBLIC COMMENT
Prior to the meeting adjourning two (2) members of the public
spoke to the Board of County Commissioners regarding the safety
and continued concerns of the intersection of No. 6 Road and
Kittitas Highway.
Meeting adjourned at 2:20 pm
10L
Candie
2018-03-26 MINUTES
KITTITAS COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osiadacz, Chairman
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION NO. 2018 _Q
TITLE: Authorize the Chair's Signature on Required 2017 Road Fund Expenditures Reporting
Documents
WHEREAS: The County Road Administration Board (CRAB) requires annual reporting of
various Road Fund expenditures by the County Engineer; and
WHEREAS: The County Sheriff, County Auditor, County Engineer and the Chair of the Board
of County Commissioners are required to annually certify Road Fund diversions
supporting Traffic Law Enforcement (TLE) activities; and
WHEREAS: The Sheriff, Auditor and County Engineer have all signed the certification
reporting $205,380 in 2017 Road Fund diversion; and
WHEREAS: The County Engineer has signed the other 2017 required CRAB reports and said
reports are now ready for Chair signature;
WHEREAS: The Chair of the Board of County Commissioners signature is now required to
complete 2017 CRAB reporting requirements;
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners, in the best
interest of the public, does hereby authorize the Chair's signature on 2017 CRAB Road Fund
Expenditures reporting documents.
EXHIBIT 1: 2017 CRAB Road Fund Reports
DATED this 26th day of March, 2018, at Ellensburg, Washington.
Attest:
Clerk of the Board- Julie Kjorsvik
[,Qp uty.,Clerk of the Board- Mandy Buchholz
0.1
UN
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Laura Osi acz, Chairman
Obie O'Brien Vice -Chairman
Paul Jewell, Commissioner
EXHIBIT 1: 2017 County Road Administration Board Road Fund Reports
C.A.R.S.
Kittitas County 2017
CERTIFICATION OF ROAD FUND EXPENDITURES FOR TRAFFIC LAW ENFORCEMENT
WAC 136-150-022
Page 1 of 1
Total Road Lew:
Budgeted Road Levy revenue (as listed on the Road Levy Certification - WAC 136-150- $4,176,120.00
021):
Actual Road Levy revenue produced: $4,246,391.00
Traffic Law Enforcement Paid_bv Road Levv Diversion:
Budgeted Road Levy Diversion (as listed on the Road Levy Certification - WAC 136-150- $199,999.00
021);
Actual amount of Diverted Road Levy: $198,694.00
Was Diverted Road Levy deposited in a specific and identifiable account (RCW 36.82.040): Yes
Traffic Law Enforcement Paid by Road Fund Expenditures:
Budgeted cost reimbursements and/or operating transfers from the Road Fund: $0.00
Actual total amount of cost reimbursements and/or operating transfers from the Road Fund: $0.00
Total Road Portion Traffic Law Enforcement Ex enditures: $198,694.00
Total Traffic Law Enforcement Expense ALL COUNTY FUNDS)-. $205,380:00
RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all
revenues collected for road purposes only for such purposes, including traffic law enforcement, as are allowed
by Article 11, Section 40 of the Washington State Constitution, are eligible to receive funds from the Rural
Arterial Trust Account.
This form must be reviewed and certified on the "Engineer's Certification Form" by:
County Sheriff
• County Auditor OR Charter designated Chief Financial Officer
• Chair, Board of County Commissioners OR County Executive
https://www.crab.wa.gov/cars/ 3/26/2018
C.A.R.S
Page 1 of 1
FISH PASSAGE CERTIFICATION
WAC 136-150-023
Submitting County: Kittitas Budget Year: 2017
Fish Passage Barrier Removal Pro'ects
Project Total Project Cost Outside of % of Total Cost (25%
Name Cost ROW Allowed by WAC)
Total Expenditures for Fish Passa a Barrier Removal Outside County Ri hts-of-
Way
Total Annual Road Construction Budget: $4,434,000.00
X 0.005
112% of Total Annual Road (Limit of "Outside of Right -of -Way" expense) =$22,170.00
Total Expenditure for Fish Passage Barrier Removal Outside County $0.00
Right -of -Way
RCW 36.79.140 provides that only those counties that during the preceding twelve months have spent all
revenues collected for road purposes only for such purposes, including removal of barriers to fish
passage and accompanying streambed and stream bank repair as specified and limited by RCW
36.82.070 , as are allowed by Article II, Section 40 of the Washington State Constitution, are eligible to
receive funds from the Rural Arterial Trust Account.
https://www.crab.wa.gov/cars/ 3/26/2018
CARS
Kittitas County Annual Certification For Calendar Year 2017
WAC 136-04
MANAGEMENT AND ADMINISTRATION
A. During 2017 the County Engineer performed the duties and had the responsibilities specified in RCW 36.80.030.
B. At anytime during 2017 was there a vacancy/change in the position of County Engineer? If so, were the procedures in WAC
136-12 followed?
C. The processing of County Road Accident Reports during 2017 complied with WAC 136-28.
D. Priority Programming techniques were applied to the ranking of all potential projects on the arterial road system in 2017 per
WAC 136-14-020.
Page 1 of 1
E. As of December 31, 2017 the management of the county road department was in accordance with policies set by the county legislative authority
including, but not limited to, the following specific policies required by WAC 136-50-050:
"Has your agency sent the most recently adopted version to CRAB WAC 136-50-051?
POLICY
WAC
Re: Organization
136-50-051
Re: Personnel Practices
136-50-052
Re: Complaint Handling
136-50-053
Re: Work for Others
136-00-054
Re: Utility Accommodation
136-50-055
Re: Priority Programming
136-14-030
F. The following were submitted to CRAB in a timely manner:
DATE OF CURRENT VERSION
02/15/2018
12/01/2013
01/11/1999
06/02/1998
03/30/2004
09/01/1998
WAC
DOCUMENT
'17
Six -Year Program
'17
Annual Construction Program
'17
CAPP Program
'17
Road Fund Budget
'17
Maintenance Management Work
136-300-060
Plan & Budget
'17
Road Levy
'16
Certification of Road Fund Exp.
12/05/2016
For Traffic Law Enforcement
'16
Engineer's Certification of Fish
12/22/2016
Barrier Removal Costs
'16
Certification of Road Fund Exp.
12/22/2016
for Marine Navigation and
136-150-022
Moorage
'16
Annual Construction Report
'16
CAPP Report
'16
Maintenance Management
136-150-024
Certification
'16
Annual Certification
'16
Road Log Update
'17
PMS Certification for CAPA
136-300-090
Eligibility
DATE OF CURRENT VERSION
02/15/2018
12/01/2013
01/11/1999
06/02/1998
03/30/2004
09/01/1998
WAC
DUE DATE
DATE OF ADOPTION / PREPARATION
DATE SENT TO CRAB
136-15-050
31 -DEC -16
12/20/2016
12/27/2016
136-16-040
31 -DEC -16
12/20/2016
12/28/2016
136-300-060
31 -DEC -16
12/22/2016
12/28/2016
31 -DEC -16
12/05/2016
12/28/2016
136-11-040
31 -DEG -16
12/22/2016
12/27/2016
136-150-021
01 -FEB -17
12/22/2016
01/30/2017
136-150-022
01 -APR -17
03/22/2017
03/29/2017
136-150-023
01 -APR -17
03/22/2017
03/29/2017
136-150-024
01 -APR -17
136-16-050
01 -APR -17
03/22/2017
03/29/2017
136-300-090
01 -APR -17
03/22/2017
03/29/2017
136-11-050
01 -APR -17
03/24/2017
03/29/2017
136-04-030
01 -APR -17
03/22/2017
03/29/2017
136-60-030
01 -MAY -17
03/24/2017
03/29/2017
136-70-070
31 -DEC -17
03/24/2017
03/29/2017
G. Projects to which construction expenditures were charged were all on the originally adopted 2017 Annual Program or as
amended per WAC 136-16-042 - Attach Amendments. (If No, please attach a brief explanation.)
H. The County's construction by county forces limit for 2017 computed in accordance with RCW 36.77.065:
I. The actual expenditure for construction by county forces as reported in the 2017 Annual Const. Report:
J. As required by WAC 136-20-060, a written Bridge and Inspection Report for 2017 was furnished to the legislative authority on
(attach a copy):
Yes
Yes
Yes
Yes
$1,267,293.75
$138,064.00
03/26/2018
https://www.crab.wa.gov/cars/ 3/26/2018
CAM
ANNUAL CERTIFICATION - STANDARD OF GOOD PRACTICE
MAINTENANCE MANAGEMENT WAC 136-11
The following information is provided for the annual review of county compliance with the requirements of
WAC 136-11-040. The information provided herein is current as of December 31, 2017, and summarizes
Maintenance Management activities for Calendar Year 2017.
Yes In accordance with WAC 136-11-040, maintenance management procedures have been used by
this county to guide cost-effective maintenance and preservation activities on county roads in the
previous calendar year.
Kittitas County's maintenance management practices meet the following requirements, in accordance with
WAC 136-11-040:
Page 1 of 1
Yes (1) An inventory of significant maintainable road features (physical assets) has been prepared and/or
updated.
Yes (2) Activity Guidelines have been prepared, reviewed and/or updated for all significant maintenance
activities.
Yes (3) A work program and budget has been prepared for maintenance activities planned in the year.
This work program and budget is based upon the road features to be maintained, the types and
amounts of maintenance work planned and the costs for the labor, equipment and materials needed
to complete the work.
Yes (4) Labor, equipment and material resource requirements needed to accomplish the planned
workload are identified.
Yes (5) Work scheduling procedures are identified, documented, and utilized in carrying out the
maintenance work program.
Yes (6) Reports showing work accomplishment and cost have been prepared and reviewed by managers
and supervisors.
https://www.crab.wa.gov/cars/ 3/26/2018
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C.A.R.S.
Kittitas County
Reports for 2017
Digital Submittal Certification
for Forms Due April 1 st
0
Page 1 of 2
The documents checked below are hereby submitted from Kittitas County for the
review and acceptance of the County Road Administration Board.
X 2017 RAP Certification of Road Fund
Expenditures for Traffic Law Enforcement
I hereby certify that the above report is true and accurate and that I have reviewed and
approved the report for submission to the County Road Administration Board in
accordance with WAC 936.
Signed:
Date: 3/r ,3h F
County Sheriff
Sign
Da&
County Auditor
Sig
Date: .�5 -2- Lo r Z
Chair 1 Executive
----- ------------------------------------------------------------------------------------
X 2017 Certification of Road Fund Expenditures
for Fish Passage Barrier Removal
X 2017 Annual Certification
hups://www.crab.wa.gov/cars/ 2/27/2018
C.A.R.S.
Page 2 of 2
I hereby certify that the Fish Passage Removal and Annual Certifications are true and
accurate and that I have reviewed and approved the report for submission to the
County Road Administration Board in accordance with WAC 136.
Chair 1 Executive
Signed -
Date: ,
County Enyineer..........................................................
X 2017 Annual Construction Report
X 2017 County Arterial Preservation Report
X 2017 Maintenance Management Annual
Certification
I hereby certify that the Annual Construction Report, County Arterial Preservation
Report, and Maintenance Management Certification are true and accurate and that
have reviewed, approved, and submitted said reports to the County Road
Administration Board in accordance with WAC 136.
Signed:
Date:
..... County Engineer----------------------------------------------------------
https://www.crab.wa.gov/cars/ 2/27/2018
BOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTION N0.2018 -
TITLE: Authorize the Chair's Signature on Required 2017 Road Fund Expenditures Reporting
Documents
WHEREAS: The County Road Administration Board (CRAB) requires annual reporting of
various Road Fund expenditures by the County Engineer; and
WHEREAS: The County Sheriff, County Auditor, County Engineer and the Chair of the Board
of County Commissioners are required to annually certify Road Fund diversions
supporting Traffic Law Enforcement (TLE) activities; and
WHEREAS: The Sheriff, Auditor and County Engineer have all signed the certification
reporting $205,380 in 2017 Road Fund diversion; and
WHEREAS: The County Engineer has signed the other 2017 required CRAB -reports and said
reports are now ready for Chair signature;
WHEREAS: The Chair of the Board of County Commissioners signature is now required to
complete 2017 CRAB reporting requirements;
NOW, THEREFORE BE IT RESOLVEI) that the Board of County Commissioners, in the best
interest of the public, does hereby authorize the Chair's signature on 2017 CRAB Road Fund
Expenditures reporting documents.
EXHIBIT 1: 2017 CRAB Road Fund Reports
DATED this 25th day of March, 2018, at Ellensburg, Washington.
Attest:
Clerk of the Board- Julie Kjorsvik
�:j Deputy Clerk of the Board- Mandy Buchholz
BOARD OF COUNTY COMMISSIO\ERS
KITTITAS COUi\TY, WASHINGTON
Laura Osiadacz, Chairman
Obie O'Brien. Vice -Chairman
Paul Jewell, Commissioner
EXHIBIT 1: 2017 County Road Administration Board Road Fund Reports
C.A.R.S.
Kittitas County
Reports for 2017
Digital Submittal Certification
for Forms Due April 1 st
A
Page 1 of 2
The documents checked below are hereby submitted from Kittitas County for the
review and acceptance of the County Road Administration Board.
2017 RAP Certification of Road Fund
Expenditures for Traffic Law Enforcement
I hereby certify that the above report is true and accurate and that I have reviewed and
approved the report for submission to the County Road Administration Board in
accordance with WAC 136.
Signed:
Date: ?
County Sheriff
Signe 1
Id>DQ�1>ti"'�
DaW 3/13117
County Auditor
Signed:
Date:
Chair / Executive
2017 Certification of Road Fund Expenditures
for Fish Passage Barrier Removal
X 2017 Annual Certification
https://www.crab.wa.gav/cars/ 2/27/2018
C.A.R.S.
Page 2 of2
I hereby certify that the Fish Passage Removal and Annual Certifications are true and
accurate and that I have reviewed and approved the report for submission to the
County Road Administration Board in accordance with WAC 136.
Signed:
Date:
Chair / Executive
Signed
Date:
----- County Engineer------ --------------------------------------------------
4I 2017 Annual Construction Renort
X 2017 County Arterial Preservation Report
X 2017 Maintenance Management Annual
Certification
I hereby certify that the Annual Construction Report, County Arterial Preservation
Report, and Maintenance Management Certification are true and accurate and that I
have reviewed, approved, and submitted said reports to the County Road
Administration Board in accordance with WAC 136.
Signed: P -
Date:
County Engineer
https:l/www.crab.wa.gov/cars/ 212712018
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�
-: KITTITAS
307 W
February 27, 2018
Judy Pless
Kittitas County Auditor's Office
205 West 5°i Ave. Room 105
Ellensburg, WA 98926
RE: County Road Diversion Funds
Dear Judy,
GENE DANA, SHERIFF
COUNTY SHERIFF'S OFFICE
Umptanum Rd • Ellensburg, WA 98926
(509)962-7525 +(509)674-2584
FAX (509) 962-7599
The following is a breakdown of all accidents, motorist assists, driving complaints, vehicle fires,
traffic hazards, illegal parking and traffic stops that we responded to on County Roads in 2017.
Total road incidents
4929 3260
During 2017 we responded to 4929 incidents on County Roads and spent approximately
3260 hours to handle these traffic related activities.
These hours do not include regular pro -active high visibility patrol time on County Roads, court
time or KITTCOM dispatch costs related to responding to County Road activities.
Sincerely,
Gene Dana,
Sheriff
Enclosure: 2017 KITTCOM CAD Report
l
�a
2017
Est. Hours 2017
Injury Accidents
17
51
Non -injury accidents
227
454
Hit and Run accidents
60
240
Other accidents
200
200
Traffic stops
2748
916
Disabled vehicles
148
148
Driving complaints
393
393
Vehicle contacts
416
138
Vehicle fires
16
16
Abandoned Vehicles
142
142
Parking Complaints
141
141
Traffic Hazards
395
395
Flooding over roadway
26
26
Total road incidents
4929 3260
During 2017 we responded to 4929 incidents on County Roads and spent approximately
3260 hours to handle these traffic related activities.
These hours do not include regular pro -active high visibility patrol time on County Roads, court
time or KITTCOM dispatch costs related to responding to County Road activities.
Sincerely,
Gene Dana,
Sheriff
Enclosure: 2017 KITTCOM CAD Report
l
�a
02/26/18 Kittitas
Countv Sheriffs Office
976
14:18 Total CAD Calls
Received, by Nature of Call
Page. 1
Nature of Call
Total Calls Received
% of Total
ABDOMINAL PAIN
1
0.01 l
CHEST PAIN (NON TRAUMATIC)
5
0.04
CHOKING
1
0.01
CONVULSIONS/SEIZURES
9
0.06
DIABETIC PROBLEMS
1
0.01
DROWNING (NEAR)/DIVING/SCUBA
1
0.01
EYE PROBLEMS/INJURIES
1
0.01
FALLS
14
0.10
HEART PROBLEMS/AICD
3
0.02
HEMORRHAGE/LACERATIONS
4
0.03
OVERDOSE/POISONING (INGESTION
IB
0.13
PSYCHIATRIVABNORMAL BEH/SUIC
9
0.06
SICK PERSON (SPECIFIC DIAGNOS
9
0.06
STAB/GUNSHOT/PENETRATING TRAU
3
0.02
TRAFFIC/TRANSPORTATION ACCIDE
8-
0.63
ANIMAL BITES/ATTACKS
1
0.01
TRAUMATIC INJURIES (SPECIFIC)
20
0.14
UNCONSCIOUS/FAINTING (NEAR)
12
0.09
UNKNOWN PROBLEM (MAN DOWN)
9
0.06
TRANSFER/INTERFACILITY/PALLIA
3
0.02
ASSAULT/SEXUAL ASSAULT
1
0.01
BACK PAIN (NON TRAUMATIC OR N
2
0.01
52 -ALARMS
6
0.04
53 -CITIZEN ASSIST/SERVICE CAL
-
0.01
55 -ELECTRICAL HAZARD
11
0.08
57 -EXPLOSION
_
0.Q1
58-EXTRICATION/ENTRAPPED
1
0.01
59 -FUEL SPILL
1
0.01
BREATHING PROBLEMS
11
0.08
60 -GAS LEAK/ODOR
2
0.01
62 -HIGH ANGLE RESCUE
1
0.01
65 -MUTUAL AID/ASSIST OUTSIDE
1
0.01
67 -OUTSIDE FIRE
39
0.28
68 -SMOKE INVESTIGATION
5
0.04
69 -STRUCTURE FIRE
27
0.19
70-TRAIN/RAIL INCIDENT
1
0.01
71 -VEHICLE FIRE
16
0.12
72 -WATER RESCUE
2
0.01
CARDIAC OR RESPIRATORY ARREST
29
0.21
911 HANG UP
171
1.23
ABANDONED VEHICLE
142
1.02
ACCESS ENTRY
2
0.01
ACCIDENT -INJURY
1;
0.12
ACCIDENT -NON INJURY
_
1.63
ACCIDENT -UNKNOWN INJURY
113
0.81
AGENCY ASSIST
278
2.00
AIRCRAFT PROBLEM/CRASH
14
0.10
Alarm -Fire
3
0.02
ALARM -LAW
333
2.39
Alarm -Medical
1
0.01
ANIMAL PROBLEM
464
3.34
ARSON
3
0.02
ASSAULT
103
0.74
ASSAULT OR NEGLECT OF CHILD
45
0.32
ATTEMPT TO LOCATE
67
0.48
02/26/18 Kittitas
County Sheriffs Office
9766
14:18 Total CAD Calls
Received, by Nature of Call
Pagel 2
Nature of Call
Total Calls Received 3
of Total
BICYCLE CONTACT
2,
0.01
BOMB THREAT OR ATTACK
1
0.01
BURGLARY
141
1.01
Burn Complaint
15
0.11
CALLOUT-CORONER
222
1.60
CALLOUT-KC PUBLIC WORKS
2
0.01
CALLOUT-MHP
1
0.01
CALLOUT-PROSECUTOR
21
0.15
CHECK WELFARE
337
2.42
CITIZEN ASSIST
494
3.55
CIVIL MATTER
262
1.88
CITY CODE VIOLATION
11
0.08
COMMUNITY PARAMEDICINE
1
0.01
CUSTODIAL INTERFERENCE
22
0.16
ATTENTION DAY DESK
1
0.01
DEATH
8
0.06
DISABLED VEHICLE
148
1.06
DISORDERLY CONDUCT
6
0.04
DOMESTIC DISPUTE
248
1.78
DRIVING COMPLAINT
393
2.83
ESCAPE
1
0.01
REQUEST FOR ESCORT
3
0.02
EVACUATION LEVEL 1
4
0.03
EVACUATION LEVEL 2
55
0.40
EVACUATION LEVEL 3
654
4.70
EXPLOSION
4
0.03
EXPLOSIVES
3
0.02
REQUEST FOR EXTRA PATROLS
32
0.22
Fire -Brush
1
0.01
FIREWORKS COMPLAINT
26
0.19
FISH & GAME VIOLATION
4
0.03
FLOODING AT COMMERCIAL PROPER
3
0.02
FLOODING AT RESIDENTIAL PROPE
7
0.05
FLOODING OVER ROADWAY
0.19
FRAUD COMPLAINT
146
1.05
GAS DRIVE AWAY
1
0.01
HARASSMENT
92
0.66
HIT AND RUN ACCIDENT
60
0.43
VEHICLE IMPOUND
1
0.01
INDECENCY
13
0.09
CAD INFORMATIONAL REPORT
128
0.92
KIDNAPPING
2
0.01
LINE DOWN
3
0.02
LIQUOR VIOLATION
4
0.03
LITTERING COMPLAINT
21
0.15
MALICIOUS MISCHIEF
89
0.64
MARINE RESCUE/CONTACT/INCIDEN
69
0.64
Medical
1
0.01
MESSAGE DELIVERY
9
0.06
MISSING PERSON REPORT
30
0.22
NOISE COMPLAINT
115
0.83
OTHER
7
0.05
Overdose
1
0.01
CIVIL PAPER SERVICE
770
5.54
PARKING COMPLAINT
1.01
02/26/18 Kittitas County Sheriffs Office
976
14:18 Total CAD Calls Received,
by Nature of Call
Page: 3
Nature of Call Total
Calls Received
% of Total
PROPERTY -FOUND
86
0.62
PROPERTY -LOST
25
0.18
PROWLER
17
0.12
PURSUIT
0.04
RECKLESS ENDANGERMENT
1
0.01
RECOVER -MISSING PERSON/PROP
1
0.01
RECOVER -STOLEN VEH OR PROPERT
19
0.14
CPS REFFERAL
3
0.02
REPOSSESSED VEHICLE
12
0.09
ROBBERY
2
0.01
RUNAWAY JUVENILE REPORT
17
0.12
SAFETY HAZARD
26
0.19
SEARCH WARRANT
2
0.01
SEARCH AND RESCUE
67
0.48
SECURITY CHECK
358
2.57
Smoke
1
0.01
SOCIAL CONTACT
139
1.00
SUBJECT STOP
6
0.04
SUICIDAL SUBJECT
109
0.76
SUSPICIOUS PERSON/CIRCUMSTANC
471
3.39
TEST CAD CALL
7
0.05
THEFT
316
2.27
THREATS
92
0.66
TOBACCO POSESSION BY MINOR
2
0.01
TRAFFIC HAZARD
395
2.84
TRAFFIC STOP
2748
19.76
Transfer
2
0.Q1
PRISONER/SUBJECT TRANSPORT
367
2.64
TRESPASS
129
0.93
UNLAWFUL 1SSUE OF BANK CHECK
4
0.03
UNLAWFUL PHONE USAGE
40
0.29
UNLOCK BUILDING OR VEHICLE
6
0.04
UNSECURE PREMISES
16
0.12
UNWANTED PERSON
68
0.49
VEHICLE CONTACT
41.6
2.99
VEHICLE PROWL
111
0.80
DISPUTE/FIGHT
90
0.65
VIOLATE COURT ORDER
58
0.42
INCORRECTLY CREATED INCIDENT
13
0.09
VIOL UNIFORM CONTROL SUBST AC
36
0.26
WARRANT SERVICE
240
1.73
WEAPONS COMPLAINT
--------------------------------------------------------------------------------
150
1.08
Total Calls:
13906
Report Includes:
All dates between '00:00:01 01/01/17 and 23:59:00 12/31/17
All nature of incidents
All cities
All types
All priorities
All agencies matching 'KCSO
*** End of Report /tmp/rptnvroeY-rpcdtccr.rl 1 ***
Chapter 136-25 WAC
STANDARD OF GOOD PRACTICE ---TRAFFIC LAW ENFORCEMENT EXPENDITURES
NEW SECTION
WAC 136-25-010 Purpose and authority. RCW 36.79.140 sets forth
the conditions under which counties are eligible to receive funds from
the rural arterial trust account (RATA). Chapter 136-150 WAC describes
how the RATA provisions will be implemented by the county road admin-
istration board. This chapter is specific tc WAC 136-150-020,
136-150-021, 136-150-022, and 136-150-030 relating to road levy, road
levy diversion, and traffic law enforcement,
NEW SECTION
WAC 136-25-020 Diversion of road levy funds may only be for
traffic law enforcement within unincorporated areas of the county. To
preserve RATA eligibility, road levy funds diverted pursuant to RCW
36.33.220 may only be used for traffic law enforcement within the un-
incorporated areas of counties, except those counties with a popula-
tion of less than eight thousand, RCW 36.79.140 and WAG 136.150.030_
NEW SECTION
WAC 136-25-030 Eligible traffic lair enforcement activities on
county roads. For purposes of maintaining RATA eligibility, should
the legislative authority vote and budget to divert road levy funds,
the following traffic law enforcement activities occurring in unincor-
porated county areas are the only activities that can be funded by
county road levy funds.
(1) Speed limit and other traffic law enforcement;
(2) Collision investigation documenting/reporting;
(3) oversize vehicle (weight, length, width, and height) enforce-
ment;
(4) Special traffic emphasis patrols;
(5) Facilitating the removal of abandoned vehicles from the coun-
ty road and rights of way;
(6) Facilitating the removal of roadway and right of way obstruc-
tions at the request of the county engineer;
(7) Investigating illegal littering and dumping on county road
rights of way;
(8) Sign damage investigation and enforcement;
(9) Road condition enforcement, including mud, water, debris, or
spills;
(10) Rights of way encroachment investigation and enforcement at
the request of the county engineer;
( 1 ] OTS -7308.2
(11) Maintenance and cCnstruccicn zone traffic enf3rcement.
(12) Road department vehicle special co11isic'n ins-estigation at
the request OF the county engineer; and
(13) Other act.iviti-e_ clearly related to county road iaw enforce-
ment needs, as mutually agreed upon in writing by the county road en-
gineer and the county sheriff. Disagreements shall be elevated to the
county legislative authority_
NEW SECTION
WAC 136-25-040 Compliance and documentation. The Certification
required by WAC 136-150-022 shall be on a form provided by the county
road administration board. Each county shall maintain adequate records
of annual traffic law enforcement expenditures in such format and de-
tail to demonstrate that the funds were used only for the traffic law
enforcement activities set out in WAC 136-25-030,
NEW_SECTIQN
WAC 136-25-050 Agreements. The county road administration board
shall provide model documents for counties to use to establish agree-
ments (relationships) between the county legislative authority and the
county sheriff and between the county road engineer and the county
sheriff for the use of county road levy funds for traffic law enforce-
ment. The agreements are discretionary but, if used, should list which
activities set out in WAC 135-25-030 are subject to the agreement.
[ 2 1 OTS -7306,2
KITTITAS COUNTY
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 2017-
A Resolution adopting the IGttitas County Sheriff
Cost per Deputy
for the
Budget Year 2017
WHEREAS, Kittitas County receives Federal Grant Dollars and bills other organizations, and
WHEREAS, according to the United States Office of Management & Budget, 2 CFR Pari 200,
Uniform Administration Requirements, Cost Principles and Audit Requirements for Federal Awards
(Uniform Guidance), Kittitas County Sheriff needs to adopt a rate for the Cost of a Demity, and,
WHEREAS, the County Auditor has reviewed and approved the Cost Plan and determined the
Kittitas County Sheriff Rate's to be in compliance, and
WHEREAS, the attached documentation shows the calculation rate for the
Cost per Deputy as per the requirements for 2 CFR Part 200, Uniform Administration
Requirements,
Cost Principles and Audit Requirements for Federal Awards (Uniform Guidance).
NOW, THEREFORE BE IT RESOLVED that the Board of County Commissioners adopts
the rates as follows
Regular hours non-federal $63.00 Overtime hDurs Aon -federal $94.00
Regular hours federal $54.00 Overtime hours federal $82.00
for the Cost per Deputy for Kittitas County Sheriff as certified by the County Auditor, effective
January 1, 2017.
ADOPTED this Is' day of August;. 2017
COUNTY C01VEMSSIONERS
�PUNTY, WASHINGTON
C.A.R.S.
Kittitas County
Reports for 2017
Digital Submittal Certification
for Forms Due April 1st
Page 1 of 2
The documents checked below are hereby submitted from Kiditas County for the
review and acceptance of the County Road Administration Board.
2017 RAP Certification of Road Fund
Expenditures for Traffic Law Enforcement
I hereby certify that the above report is true and accurate and that I have reviewed and
approved the report for submission to the County Road Administration Board in
accordance with {NAC 136.
Signed: __—
Date: 3/ 3h F
County Sheriff
Sign
Dam 3Mr i/ -X
County Auditor
Signed:
Date:
Chair I Executive
----- _--- -..-•--------------------------------------------............. -..................
2017 Certification of Road Fund Expenditures
for Fish Passage Barrier Removal
U 2017 Annual Certification
https://www.crab.wa.gov/cars/ 2/27/2018
C.A.R.S.
I hereby certify that the Fish Passage Removal and Annual Certifications are true and
accurate and that I have reviewed and approved the report for submission to the
County Road Administration Board in accordance with WAC 136.
Signed:
Date:
Chair/ Executive
Signed:
Date: r�
County Engineer
*1 2017 Annual Construction Report
X 2017 County Arterial Preservation Report
X 2017 Maintenance Management Annual
Certification
I hereby certify that the Annual Construction Report, County Arterial Preservation
Report, and Maintenance Management Certification are true and accurate and that I
have reviewed, approved, and submitted said reports to the County Road
Administration Board in accordance with WAC 936.
Signed
Date:p—
.__,� County En.qineer .._____
Page 2 of 2
https://www.crab.wa.gov/cars/ 2/27/2018
KITTITAS COUNTY
DEPARTMENT OF PUBLIC WORKS
PUBLIC WORKS — BOARD OF COUNTY COMMISSIONERS
STUDY SESSION STAFF REPORT
STUDY SESSION DATE: March 2G, 2018
TOPIC: Washington State Department of Ecology Eligibility Criteria for Coverage
under the State's MS4 General Permit — Attempt to Petition for County MS4
Permit
ACTION REQUESTED: Oppose Ecology's Efforts Nominating the County for a
MS4 Permit
LEAD STAFF:
Mark R. Cook
RECOMMENDATION:
Oppose the Washington State Department of Ecology's effort nominating the County for
a MS4 permit.
BRIEFING SUMMARY:
WA Department of Ecology (WADOE) is preparing to reissue Municipal
Separate Storm Sewer System (1\4S4) National Pollution Discharge Elimination
System (NPDES) Phase I1 permits in 07119
• WADOE Central Region is interested in pursuing an MS4 permit for Kittitas
County
• Public Works has prepared a response to WADOE
• An MS4 permit is not warranted nor is it in the interest of Kittitas County
BACKGROUND:
NPDES Phase II (EXHIBIT 1) implementation began nationwide in the 1990s. Initially,
the largest population centers were captured in the legislation. WADOE wrote several
MS4 permits in 2014 (Ellensburg got one — EXHIBIT 2) and WADOE is now preparing
to reissue MS4 permits. The Central Region of WADOE is expressing interest in
nominating Kittitas County for an MS4 permit. The process utilitzes "Petition Criteria"
(EXHIBIT 3) allowing WADOE to force Kittitas County into securing an MS4 permit.
Six separate "factors" are evaluated when considering "nomination".
DISCUSSION:
The six nomination criterion are:
• Factor 1: Does the municipal separate storm sewer discharge stormwater to impaired
or sensitive waters?
Page 1 of 8
Factor 2: Is the municipal separate storm sewer a significant contributor of pollutants
to waters of the United States?
• Factor 3: Does the municipal separate storm sewer serve a substantial population or
area?
• Factor 4: Is the municipal separate storm sewer contiguously located to an already
regulated municipal storm sewer?
• Factor 5: Is the municipal separate storm sewer physically interconnected to another,
already regulated municipal storm sewer?
+ Factor 6: Are the water quality impacts of the municipal separate storm sewer already
being addressed under other regulations or programs?
We have reviewed the Community Development Services "Project" file for plats from:
2014 through 2017 and from 2006 through 2013. There are no County plats in
Ellensburg's Urban Growth Area from 2014 through 2017. There appear to be less than
half a dozen plats from 2006 — 2013. Initial review suggests all have been designed to
retain developed runoff onsite. The one plat that appears to be causing concern for
Ecology is Black Horse at Whiskey Creek (2006). PW is aware of numerous public
complaints that went to Ecology against the plat in 2016117. The plat is approved as a
retention proposal — so no offsite discharge. The applicant is required to adhere to
Ecology's construction stormwater permit requirements. Enforcement of construction
permit requirements fall to the Department of Ecology. PW has worked aggressively
with the applicant to manage flood flows that occasionally occur along Bender Road
toward the Ellensburg Water Company canal. Designed project improvements will
eliminate this flooding. After nearly three years of intensive effort, it appears we are
close to solving onsite stormwater disposal concerns associated with the plat.
Our response to WADOE is not available at the time of this briefing and will be provided
during our study session. We are currently finalizing our data collection efforts and
anticipate providing our results to Ecology by the close of business 03-23-2018. Given
our initial review of the data set, there is insufficient data supporting WADOE's petition
efforts forcing Kittitas County into obtaining an MS4 permit. Any further attempt
(WADOE) to secure a permit for Kittitas County during WADOE's 2014 permit
reissuance process should be adamantly opposed by the BOCC. Our response to
WADOE's nominating criterion appears below for BOCC consideration:
Factor 1: Does the municipal separate storm sewer discharge stormwater to impaired
or sensitive waters? NO.
• Factor 2: Is the municipal separate storm sewer a significant contributor of pollutants
to waters of the United States? NO.
Factor 3: Does the municipal separate storm sewer serve a substantial population or
area? NO.
• Factor 4: Is the municipal separate storm sewer contiguously located to an already
regulated municipal storm sewer? YES.
• Factor 5: Is the municipal separate storm sewer physically interconnected to another,
already regulated municipal storm sewer? NO.
• Factor 6: Are the water quality impacts of the municipal separate storm sewer already
being addressed under other regulations or programs? YES (WADOE 303d list).
Page 2 of 8
There exists no rationale for WADOE's nominating process assigning an MS4 permit to
Kittitas County. The assignment of an MS4 permit will significantly impact rate payers
while providing little improvement to County water quality. All development within the
County is required to meet WADOE Eastern Washington Stormwater Manual
requirements as adopted in Title 12 of County code. Until such time that we experience
significant increases in land use proposals that target discharge of improved runoff offsite
— no MS4 permit is warranted for further consideration.
It remains unknown the rationale driving WADOE in this matter. We are attaching a
listing of current Eastern Washington Cities and Counties currently assigned MS4
permits for Board review (EXHIBIT 5). Adding Kittitas County would make us an
anomaly in the listing of current permit holders.
FISCAL IMPACTS:
Undetermined at this time.
ATTACHMENTS:
Exhibit 1: EPA Fact Sheet
Exhibit 2: 2014 WADOE MS4 Permit
Exhibit 3: 2014 WADOE Petition Criterion
Exhibit 4: PW Data Request Response to WADOE
Exhibit 5: 2014 Eastern Washington MS4 Cities and Counties
Page 3 of 8
EXHIBIT 1: US EPA FACT SHEET (NPDES PHASE II)
Page 4 of 8
CEPA
Stormwater Phase 11
Final Rule
Fact Sheet Series
Overview
1.0 — Stormwater Phase 11
Proposed Rule Overview
Small MS4 Program
2.0 — Small MS4 Stormwater
Program Overview
2.1—Who's Covered? Qesi nation
and Waivers of Regulated mall
MS4s
2.2 — Urbanized Areas: Definition
and Description
Minimum Control Measures
2.3 — Public Education and
Outreach
2.4 — Public Participation/
Involvement
2.5 — Illicit Discharge Detection
and Elimination
2.6 — Construction Site Runoff
Control
2.7 — Post -Construction Runoff
Control
2.8— Poilution Prevention/Good
Housekeeping
2.9 — Permitting and Reporting:
The Process and Requirements
2.10 — Federal and State -
Operated MS4s: Program
Implementation
Construction Program
3,0 — Construction Program
Overview
3.1— Construction Rainfall
Erosivity Waiver
Industrial "No Exposure"
4.0 — Conditional No Ex osure
Exclusion for Industrial Activity
United States Office of Water EPA 833-F-00-003
Environmental Protection (4203) January 2000 (revised June 2012)
Agency Fact Sheet 2.1
Stormwater Phase II
Final Rule
Who's Covered? Designation and
Waivers of Regulated Small MS4s
Who Is Affected by the Phase II Small MS4 Program?
The Stormwater Phase II Final Rule applies to operators of regulated small municipal separate storm
sewer systems (MS4s), which are designated based on the criteria discussed in this fact sheet. In
this fact sheet, the definition of an MS4 and the distinction between small, medium, and large MS4s is
reviewed. Conditions under which a small MS4 may be designated as a regulated small MS4, as well
as the conditions for a waiver from the Phase II program requirements, are outlined. This fact sheet
also attempts to clarify possible implementation issues related to determining one's status as an
operator of a regulated small MS4.
What Is a Municipal Separate Storm Sewer System (MS4)?
What constitutes an MS4 is often misinterpreted and misunderstood. The term MS4 does not solely
refer to municipally -owned storm sewer systems, but rather is a term of art with a much broader
application that can include, in addition to local jurisdictions, State departments of transportation,
universities, local sewer districts, hospitals, military bases, and prisons. An MS4 also is not always just
a system of underground pipes — it can include roads with drainage systems, gutters, and ditches.
The regulatory definition of an MS4 is provided below.
According to 40 CFR 122.26(b)(8), "municipal separate storm sewer
means a conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
man-made channels, or storm drains):
(i) Owned or operated by a State, city, town, borough, county,
parish, district, association, or other public body (created by or
pursuant to State law)... including special districts under State
law such as a sewer district, flood control district or drainage
district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved
management agency under section 208 of the Clean Water Act
that discharges into waters of the United States.
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works
(POTW) as defined at 40 CFR 122.2."
Fact Sheet 2.1 — Who's Covered? Designation and Waivers of Regulated Small MS4s Page 2
What Is a Small, Medium, or Large MS4? ❑ Urbanized Areas
❑ EPA's NPDES (National Pollutant Discharge Elimination
System) stormwater permitting program labels MS4s as
either "small," "medium," or "large" for the purposes of
regulation.
❑ A small MS4 is any MS4 that is not already covered by
the Phase I stormwater program. Small MS4s include
Federally -owned systems, such as military bases.
❑ The Phase I stormwater program covers medium and large
MS4s. Phase I MS4s were automatically designated
nationwide as medium MS4s if they were located in an
incorporated place or county with a population between
100,000 - 249,999 or as large MS4s if located in an
incorporated place or county with a population of 250,000
or greater. Many MS4s in areas below 100,000 in
population, however, have been individually brought into
the Phase I program by NPDES permitting authorities.
Such already regulated MS4s do not have to develop a
Phase II program.
Are All Small MS4s Covered by the Phase II Final
Rule?
No. The universe of small MS4s is quite large since it
includes every MS4 except for the approximately 900
medium and large MS4s already regulated under the Phase I
storrnwater program. Only a select sub -set of small MS4s,
referred to as regulated small MS4s, is covered by the Phase II
Final Rule, either through automatic nationwide designation or
designation on a case-by-case basis by the NPDES permitting
authority.
How Is A Small MS4 Designated as a Regulated
Small MS4?
An urbanized area (UA) is a densely settled
core of census tracts and/or census blocks that
have population of at least 50,000, along with
adjacent territory containing non-residential
urban land uses as well as territory with low
population density included to link outlying
densely settled territory with the densely settled
core. It is a calculation used by the Bureau of the
Census to determine the geographic boundaries
of the most heavily developed and dense urban
areas.
More information about urbanized areas maps is available
at: http://www.epa.gov/npdes/storrnwater/urbanmans
Additionally, information about urbanized areas is
available directly from the U.S. Bureau of the Census at:
http://www.census.gov/geo/www/ua/20 I Ourbanruralc lass.
html
O Potential Designation by the NPDES Permitting
Authority — Required Evaluation
An operator of small MS4 located outside of a UA have
been designated as a regulated small MS4 if the NPDES
permitting authority determined that its discharges cause,
or have the potential to cause, an adverse impact on water
quality. The Phase H Final Rule required the NPDES
permitting authority to develop a set of designation criteria
and apply them, at a minimum, to all small MS4s located
outside of a UA serving a jurisdiction with a population of
at least 10,000 and a population density of at least 1,000
people/square mile.
small MS4 can be designated by the permitting authority as a
regulated small MS4 in one of three ways: ❑ Designation Criteria
O Automatic Nationwide Designation
The Phase 11 Final Rule requires nationwide coverage of all
operators of small MS4s that are located within
the boundaries of a Bureau of the Census -defined "urbanized
area" (UA) based on the latest decennial Census. Once a
small MS4 is designated into the program based on the UA
boundaries, it cannot be removed from the program on that
basis that a subsequent decennial UA calculation shows that
the small MS4 is no longer within the UA boundaries.
However, the designated small MS4 remains eligible for a
waiver if it meets the criteria.
EPA recommended that the NPDES permitting
authority use a balanced consideration of the following
designation criteria on a watershed or other local basis:
✓ Discharge to sensitive waters;
✓ High population density;
✓ High growth or growth potential;
✓ Contiguity to a UA;
✓ Significant contributor of pollutants to
waters of the United States; and
✓ Ineffective protection of water quality
concerns by other programs.
Fact Sheet 2.1— Who's Covered? Designation and Waivers of Regulated Small M54s Page 3
® Potential Designation by the NPDES Permitting
Authority — Physically Interconnected
Under the final rule, the NPDES permitting authority was
required to designate any small MS4 located outside of a UA
that contributes substantially to the pollutant loadings of a
physically interconnected MS4 regulated by the NPDES
stormwater program. The final rule did not set a deadline for
designation of small MS4s meeting this criterion.
Physically interconnected means that one MS4
is connected to a second MS4 in such a way that
it allows for direct discharges into the second
system.
State and EPA permitting authorities can be contacted to
obtain a full list of regulated MS4s, including both the
automatically designated MS4s and those that were
additionally designated.
Are Waivers from the Phase II Permit/Program
Requirements Possible?
es, two waiver options are available to operators of
automatically designated small MS4s if discharges do not
cause, or have the potential to cause, water quality impairment.
The first applies where:
(1) the jurisdiction served by the system is less than 1,000
people within the urbanized area;
(2) the system is not contributing substantially to the
pollutant loadings of a physically interconnected
regulated MS4; and
(3) if the small MS4 discharges any pollutants identified as a
cause of impairment of any water body to which it
discharges, stormwater controls are not needed based on
wasteload allocations that are part of an EPA approved
or established "total maximum daily load" (TMDL) that
addresses the pollutant(s) of concern.
TMDLs are water quality assessments that
determine the source or sources of pollutants of
concern for a particular waterbody, consider the
maximum amount of pollutants the waterbody
can assimilate, and then allocate to each source
a set level of pollutants that it is allowed to
discharge (i.e., a "wasteload allocation"). Small
MS4s that are not given a wasteload allocation
would meet the third criterion above.
The second applies where:
(1) the jurisdiction served by the system is less than
10,000 people;
(2) an evaluation of all waters of the U.S. that receive a
discharge from the system shows that stormwater
controls are not needed based on wasteload allocations
that are part of an EPA approved or established TMDh
that addresses the pollutant(s) of concern or an
equivalent analysis; and
(3) it is determined that future discharges from the small
MS4 do not have the potential to result in exceedances
of water quality standards.
The NPDES permitting authority is required to periodically
review any waivers granted to MS4 operators to determine
whether any information required for granting the waiver has
changed. Minimally, such a review needs to be conducted once
every five years.
Can More than One MS4 in the Same Political
Jurisdiction Be Automatically Designated?
Yes. Since the final rule provides automatic coverage of all
small MS4s within a UA, the result would likely be
coverage of several governments and agencies with multiple,
perhaps overlapping, jurisdictions. For example, a city that is
located within a UA and operates its own small MS4 could be
designated alongside the State's department of transportation
(DOT) and the county's DOT if the State and county operate
roads that are within the borders of the city. All three
entities would be responsible for developing a stormwater
management program for the portion of their respective
MS4s within the city limits. In such a case, the permittees
are strongly encouraged to work together to form a unified
stormwater management program.
Who Is Responsible if the Small MS4 Operator
Lacks the Necessary Legal Authority?
Some regulated small MS4s may lack the necessary legal
authority to implement one or more of the required
minimum control measures that comprise the Phase II
stormwater management program. For example, a local
government that is a small MS4 operator may be in a State
that does not have an enabling statute that allows local
regulatory control of construction site runoff into the sewer
system. Another example is a State DOT that may not have the
legal authority to require and enforce controls on illicit
discharges into its system. In these situations the small MS4 is
encouraged to work with the neighboring regulated small
MS4s. As co -permittees, they could form a shared stormwater
management program in which each permittee is responsible
for activities that are within their individual legal authorities
and abilities.
Fact Sheet 2.1— Who's Covered? Designation and Waivers of Regulated Small MS4s Page 4
For Additional Information
Contacts
U.S. EPA Office of Wastewater Management
Phone: 202-564-9545
h!W://www.epa,gov/nvdes/stormwater
Your NPDES Permitting Authority. Most States and
Territories are authorized to administer the NPDES
Program, except the following, for which EPA is the
permitting authority:
District of Columbia Guam
Idaho
Johnston Atoll
Massachusetts
Midway and Wake Islands
New Hampshire
Northern Mariana Islands
New Mexico
Trust Territories
Puerto Rico
American Samoa
A list of names and telephone numbers for each
EPA Region and State is located at
bM://www.epa.gov/npdes/stormwater
(click on "Contacts")
Reference Documents
EPA's Stormwater Web Site
bM)://www.ena.gov/npdes/stormwater
• Stormwater Phase R Final Rule Fact Sheet Series
• Stormwater Phase II Final Rule (64 FR 68722)
• National Menu of Best Management Practices for
Stormwater Phase II
• Measurable Goals Guidance for Phase II Small
MS4s
• Stormwater Case Studies
Census Urbanized Area Information
httv://www.eya.gov/npdes/stormwater/urbanmai)s
• General Information:
http://www,census. aov/geo/www/ua/uaucbndy.html
EXHIBIT 2:2014 WADOE MS4 PERMIT
Page 5 of 8
Issuance Date; August 1, 2012
Effective Date: August 1, 2014
Expiration Date; July 31, 2019
Eastern Washington Phase II Municipal
Stormwater Permit
National Pollutant Discharge Elimination System and
State Waste Discharge General Permit for Discharges
from Small Municipal Separate Storm Sewers
in Eastern Washington
State of Washington
Department of Ecology
Olympia, Washington 98504-7600
In compliance with the provisions of
The State of Washington Water Pollution Control Law
Chapter 90.48 Revised Code of Washington
and
The Federal Water Pollution Control Act
(The Clean Water Act)
Title 33 United States Code, Section 1251 et seq.
Until this permit expires, is modified, or revoked, Permittees that have properly obtained
coverage under this permit are authorized to discharge to waters of the state in accordance with
the special and general conditions which follow.
r-'
elly 4use ind, P.9, P. G.
ter Quality Program Manager
Department of Ecology
THIS PAGE INTENTIONALLY LEFT BLANK
TABLE OF CONTENTS
SPECIALCONDITIONS............................................................................................................... I
S1.
PERMIT COVERAGE AREA AND PERMITTEES.........................................................
1
S2.
AUTHORIZED DISCHARGES..........................................................................................
6
S3.
RESPONSIBILITIES OF PERMITTEES...........................................................................
6
S4.
COMPLIANCE WITH STANDARDS...............................................................................
7
S5.
STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS AND
COUNTIES...................................................................................................................................
10
S6.
STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES.
30
S7.
COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS.........
38
S8.
MONITORING AND PROGRAM EVALUATION........................................................
38
S9.
REPORTING AND RECORDKEEPING.........................................................................
40
GENERAL CONDITIONS..........................................................................................................
42
G1.
DISCHARGE VIOLATIONS...........................................................................................
42
G2.
PROPER OPERATION AND MAINTENANCE.............................................................
42
G3.
NOTIFICATION OF DISCHARGE INCLUDING SPILLS ............................................
42
G4.
BYPASS PROHIBITED....................................................................................................
42
G5.
RIGHT OF ENTRY...........................................................................................................
43
G6.
DUTY TO MITIGATE......................................................................................................
43
G7.
PROPERTY RIGHTS........................................................................................................
43
G8.
COMPLIANCE WITH OTHER LAWS AND STATUTES .............................................
43
G9.
MONITORING AND ASSESSMENT..............................................................................
43
G10.
REMOVED SUBSTANCES..........................................................................................
44
G11.
SEVERABILITY...........................................................................................................
45
G12.
REVOCATION OF COVERAGE.................................................................................
45
G13.
TRANSFER OF COVERAGE.......................................................................................
45
G14.
GENERAL PERMIT MODIFICATION AND REVOCATION ...................................
45
G15.
REPORTING A CAUSE FOR MODIFICATION OR REVOCATION .......................
46
G16.
APPEALS.......................................................................................................................46
G17.
PENALTIES...................................................................................................................46
G18.
DUTY TO REAPPLY....................................................................................................
46
G19.
CERTIFICATION AND SIGNATURE........................................................................
46
G20.
NON-COMPLIANCE NOTIFICATION.......................................................................
47
G21.
UPSETS.........................................................................................................................
48
DEFINITIONS AND ACRONYMS............................................................................................
49
APPENDICES
Appendix 1 — Minimum Technical Requirements for Stormwater Management at New
Development and Redevelopment Sites
Appendix 2 — Total Maximum Daily Load Requirements
Appendix 3 — Annual Report Questions for Cities, Towns and Counties
Appendix 4 — Annual Report Questions for Secondary Permittees
Appendix 5 — Notice of Intent for Coverage under a National Pollutant Discharge Elimination
System Municipal Stormwater General Permit
Appendix 6 — Street Waste Disposal
SPECIAL CONDITIONS
Sl. PERMIT COVERAGE AND PERMITTEES
A. Geographic Area of Permit Coverage
This permit is applicable to owners or operators of regulated small municipal separate
storm sewer systems (MS4s) located in eastern Washington State, which is bounded
on the western side by the Cascade Mountains crest except in Yakima and Klickitat
counties which are, in their entireties, included.
1. For all Cities required to obtain coverage under this permit, the geographic area
of coverage is the entire incorporated area of the City.
2. For all Counties required to obtain coverage under this permit, the geographic
area of coverage is the urbanized areas and the unincorporated urban growth
areas associated with permitted Cities within the urbanized areas that are under
the jurisdictional control of the County. The geographic area of coverage also
includes any urban growth areas that are contiguous to permitted urbanized
areas that are under the jurisdictional control of the County.
For Walla Walla County, the geographic area of coverage also includes the
unincorporated urban growth areas associated with the Cities of Walla Walla
and College Place.
For Yakima County, the geographic area of coverage also includes the
unincorporated urban growth area associated with the City of Sunnyside.
3. For Secondary Permittees required to obtain coverage under this permit, the
minimum geographic area of coverage includes all areas identified under
S 1.A.1. and S LA.2., above. At the time of permit coverage, Ecology may
establish a geographic area of coverage specific to an individual Secondary
Permittee.
4. All regulated small MS4s owned or operated by the Permittees named in
S I .D.2.a.(i) and (ii) and located in another city or county area requiring
coverage under either this permit or the Western Washington Phase II
Municipal Stormwater Permit or the Phase I Municipal Stormwater Permit are
also covered under this permit.
B. Regulated small municipal separate storm sewer systems (MS4s)
All operators of regulated small MS4s are required to apply for and obtain coverage
under this permit or be permitted under a separate individual or general permit, unless
waived or exempted in accordance with condition SI.C.
1. A regulated small MS4:
a. Is a "small MS4" as defined in the Definitions and Acronyms section at
the end of this permit; and
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page I
b. Is located within, or partially located within, an urbanized area as defined
by the latest decennial census conducted by the U.S. Bureau of Census or
is designated by Ecology pursuant to either 40 CFR 122.35(b) or 40 CFR
122.26(f); and
C. Discharges stormwater from the MS4 to a surface water of Washington
State; and
d. Is not eligible for a waiver or exemption under S 1.0 below.
2. All other operators of MS4s, including special purpose districts which meet the
criteria for a regulated small MS4, shall obtain coverage under this permit.
Other operators of MS4s may include, but are not limited to: flood control, or
diking and drainage districts, schools including universities and correctional
facilities which own or operate a small MS4 serving non-agricultural land uses.
3. Any other operators of small MS4s may be required by Ecology to obtain
coverage under this permit or an alternative NPDES permit if Ecology
determines the small MS4 is a significant source of pollution to surface waters
of the state. Notification of Ecology's determination that permit coverage is
required will be through the issuance of an Administrative Order issued in
accordance with RCW 90.48.
4. The owner or operator of a regulated small MS4 may obtain coverage under this
permit as a Permittee, Co -Permittee, or Secondary Permittee as defined in
S 1.D.1 below.
5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology
to require that additional MS4s obtain coverage under this permit. The process
for petitioning Ecology is:
a. The person or organization shall submit a complete petition in writing to
Ecology. A complete petition shall address each of the relevant factors for
petitions outlined on Ecology's website.
b. In making its determination on the petition, Ecology may request
additional information from either the petitioner or the entity that is the
subject of the petition.
Ecology will make a final determination on a complete petition within 180
days after receipt of the petition and inform both the petitioner and the
MS4 of the decision, in writing.
d. If Ecology's final determination is that the candidate MS4 will be
regulated, Ecology will issue an order to the MS4 requiring them to obtain
coverage under this permit. The order will specify:
i. The geographic area of permit coverage for the MS4;
Eastern Washington Phase II Municipal Stormwater Permit August], 2014
Page 2
ii. Any modified dates or deadlines for developing and implementing
this permit, as appropriate to the MS4, and for submitting their first
annual report; and
iii. A deadline for the MS4 to submit a complete Notice of Intent (see
Appendix 5) to Ecology.
C. Owners and operators of an otherwise regulated small MS4 are not required to obtain
coverage under this permit if
1. The small MS4 is operated by:
a. A federal entity, including any department, agency or instrumentality of
the executive, legislative, and judicial branches of the Federal government
of the United States; or
b. Federally recognized Indian Tribes located within Indian Country,
including all trust or restricted lands within the 1873 Survey Area of the
Puyallup Tribe of Indians; or
C. The Washington State Department of Transportation.
Or,
2. The portions of the small MS4 located within the census -defined urban area(s)
serve a total population of less than 1,000 people and a, b, and c below all
apply:
a. The small MS4 is not contributing substantially to the pollutant loadings
of a physically interconnected MS4 that is regulated by the NPDES
stormwater program.
b. The discharge of pollutants from the small MS4 has not been identified as
a cause of impairment of any water body to which the MS4 discharges.
C. In areas where an EPA approved TMDL has been completed, stormwater
controls on the MS4 have not been identified as being necessary.
In determining the total population served by the small MS4, both resident
and commuter populations shall be included. For example:
For publicly operated school complexes including universities and
colleges, the total population served would include the sum of the
average annual student enrollment plus staff.
For flood control, diking, and drainage districts the total population
served would include residential population and any non-residents
regularly employed in the areas served by the small MS4.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 3
D. Obtaining coverage under this permit
All operators of regulated small MS4s are required to apply for and obtain coverage
in accordance with this section, unless waived or exempted in accordance with
section S1.C.
1. Unless otherwise noted, the term "Permittee" includes a city, town or county
Permittee, New Permittee, Co -Permittee, Secondary Permittee, and New
Secondary Permittee, as defined below:
a. A "Permittee" is a City, Town or County owning or operating a regulated
small MS4 and receiving a permit as a single entity.
b. A "New Permittee" is a City, Town or County that is subject to the
Eastern Washington Phase II Municipal Stormwater General Permit and
was not subject to the permit prior to August 1, 2014.
C. A "Co -Permittee" is any owner or operator of a regulated small MS4 that
is applying in a cooperative agreement with at least one other applicant for
coverage under this permit. A Co -Permittee owns or operates a regulated
small MS4 located within or in proximity to another regulated small MS4.
d. A "Secondary Permittee" is an operator of a regulated small MS4 that is
not a City, Town or County. Secondary Permittees include special purpose
districts and other MS4s that meet the criteria for a regulated small MS4 in
S LB above.
e. A "New Secondary Permittee" is a Secondary Permittee that is covered
under a municipal stormwater general permit and was not covered by the
permit prior to August 1, 2014.
2. Operators of regulated small MS4s have submitted or shall submit an
application to Ecology by either the Notice of Intent (NOI) for Coverage under
National Pollutant Discharge Elimination System (NPDES) Municipal
Stormwater General Permit provided in Appendix 5; or the Duty to Reapply —
NOL
a. The following Permittees and Secondary Permittees submitted a Duty to
Reapply- NOI to Ecology prior to August 19, 2011:
i. Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg,
Kennewick, Moses Lake, Pasco, Pullman, Richland, Selah, Spokane,
Spokane Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee,
West Richland, Yakima
ii. Counties: Asotin County, Chelan County, Douglas County, Spokane
County, Walla Walla County, Yakima County
iii. Secondary Permittees: Central Washington University, Eastmont
Metropolitan Park District, Port of Benton, Selah School District
#119, Sunnyside Valley Irrigation District, Washington State
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 4
University Pullman, Washington State University Spokane,
Washington State University Tri -Cities, and Yakima Valley
Community College.
b. Operators of regulated small MS4s listed in S 1.D.2.a do not need to
submit a new application to be covered under this permit.
C. For operators of regulated small MS4s listed in S1.D.2.a, coverage under
this permit is automatic and begins on the effective date of this permit,
unless the operator chooses to opt out of this General Permit. Any operator
of a regulated small MS4 that is opting out of this permit shall submit an
application for an individual MS4 permit in accordance with 40 CFR
122.33(b)(2)(ii) no later than the effective date of this permit.
d. Operators of regulated small MS4s which want to be covered under this
permit as Co -Permittees shall each submit a NOI to Ecology.
e. Operators of regulated small MS4s which are relying on another entity to
satisfy all of their permit obligations shall submit a NOI to Ecology.
f. Operators of small MS4s designated by Ecology pursuant to S 1.B.3 of this
permit shall submit a NOI to Ecology within 120 days of receiving
notification from Ecology that permit coverage is required.
Application requirements
a. For NOIs submitted after the issuance date of this Permit, the applicant
shall include a certification that the public notification requirements of
WAC 173-226-130(5) have been satisfied. Ecology will notify applicants
in writing of their status concerning coverage under this permit within 90
days of Ecology's receipt of a complete NOI.
b. Each Permittee applying as a Co -Permittee shall submit a NOI provided in
Appendix 5. The NOI will clearly identify the areas of the MS4 for which
the Co -Permittee is responsible.
c. Permittees which are relying on another entity or entities to satisfy one or
more of their permit obligations shall include with the NOI a summary of
the permit obligations that will be carried out by another entity. The
summary shall identify the other entity or entities and shall be signed by
the other entity or entities. During the term of the permit, Permittees may
terminate or amend shared responsibility arrangements by notifying
Ecology, provided this does not alter implementation deadlines.
d. Secondary Permittees required to obtain coverage under this permit, and
the Western Washington Phase Il Municipal Stormwater Permit or the
Phase IMunicipal Stormwater Permit may obtain coverage by submitting
a single NOI.
Eastern Washington Phase II Municipal Stormwater Permit —,4 ugust 1, 2014
Page 5
S2. AUTHORIZED DISCHARGES
A. This permit authorizes the discharge of stormwater to surface waters and to ground
waters of the state from MS4s owned or operated by each Permittee covered under
this permit, in the geographic area covered pursuant to S I.A. These discharges are
subject to the following limitations:
I . Discharges to ground waters of the state through facilities regulated under the
Underground Injection Control (UIC) program, Chapter 173-218 WAC, are not
authorized under this permit.
2. Discharges to ground waters not subject to regulation under the federal Clean
Water Act are authorized in this permit only under state authorities, Chapter
90.48 RCW, the Water Pollution Control Act
B. This permit authorizes discharges of non-stormwater flows to surface waters and to
ground waters of the state from MS4s owned or operated by each Permittee covered
under this permit, in the geographic area covered pursuant to S LA, only under the
following conditions:
1. The discharge is authorized by a separate NPDES permit or State Waste
Discharge Permit.
2. The discharge is from emergency fire fighting activities.
3. The discharge is from another illicit or non-stormwater discharge that is
managed by the Permittee as provided in Special Condition S5.B.3 or S6.D.3.
These discharges are also subject to the limitations in S2.A.1 and S. 2.A.2, above.
C. This permit does not relieve entities that cause illicit discharges, including spills of oil
or hazardous substances, from responsibilities and liabilities under state and federal
laws and regulations pertaining to those discharges.
D. Discharges from MS4s constructed after the effective date of this permit shall receive
all applicable state and local permits and use authorizations, including compliance
with Chapter 43.21C RCW (the State Environmental Policy Act).
E. This permit does not authorize discharges of stormwater to waters within Indian
Country or to waters subject to water quality standards of Indian Tribes, including
portions of the Puyallup River and other waters on trust or restricted lands within the
1873 Survey Area of the Puyallup Tribe of Indians Reservation, except where
authority has been specifically delegated to Ecology by the U.S. Environmental
Protection Agency. The exclusion of such discharges from this permit does not waive
any rights the State may have with respect to the regulation of the discharges.
S3. RESPONSIBILITIES OF PERNHTTEES
A. Each Permittee covered under this Permit is responsible for compliance with the
terms of this permit for the regulated small MS4s which they operate. Compliance
with (1) or (2) below is required as applicable to each Permittee, whether the
Eastern Washington Phase Il Municipal Stormwater Permit—August 1, 2014
Page 6
Permittee has applied for coverage as a Permittee, a Co -Permittee or a Secondary
Permittee..
All city, town and county Permittees are required to comply with all conditions
of this permit, including any appendices referenced therein, except for section
S6 Stormwater Management Program for Secondary Permittees.
2. All Secondary Permittees are required to comply with all conditions of this
permit, including any appendices referenced therein, except for sections S5
Stormwater Management Program for Cities, Towns and Counties and S8.13 and
S8.C.
B. Permittees may rely on another entity to satisfy one or more of the requirements of
this permit. Permittees that are relying on another entity to satisfy one or more of
their permit obligations remain responsible for permit compliance if the other entity
fails to implement the permit conditions. Permittees may rely on another entity
provided all of the requirements of 40 CFR 122.35(a) are satisfied, including but not
limited to:
The other entity, in fact, implements the permit requirements.
2. The other entity agrees to take on responsibility for implementation of the
permit requirement(s) as indicated in the NOT.
S4. COMPLIANCE WITH STANDARDS
A. In accordance with RC W 90.48.520, the discharge of toxicants to waters of the State
of Washington which would violate any water quality standard, including toxicant
standards, sediment criteria, and dilution zone criteria is prohibited. The required
response to such discharges is defined in section S4.17, below.
B. This permit does not authorize a discharge which would be a violation of Washington
State Surface Water Quality Standards (WAC 173-201A), Ground Water Quality
Standards (chapter 173-200 WAC), Sediment Management Standards (chapter 173-
204 WAC), or human health -based criteria in the national Toxics Rule (Federal
Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). The required
response to such discharges is defined in section S4.17, below.
C. The Permittee shall reduce the discharge of pollutants to the maximum extent
practicable (MEP).
D. The Permittee shall use all known, available, and reasonable methods of prevention,
control and treatment (AKART) to prevent and control pollution of waters of the
State of Washington.
E. In order to meet the goals of the Clean Water Act, and comply with S4.A, S4.13, S4.0
and S4.1), each Permittee shall comply with all of the applicable requirements of this
permit as defined in S3 Responsibilities of Permittees.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
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F. A Permittee remains in compliance with S4 despite any discharges prohibited by
S4.A or S4.B, when the Permittee undertakes the following response toward long-
term water quality improvement:
A Permittee shall notify Ecology in writing within 30 days of becoming aware,
based on credible site-specific information that a discharge from the MS4
owned or operated by the Permittee is causing or contributing to a known or
likely violation of Water Quality Standards in the receiving water. Written
notification provided under this subsection shall, at a minimum, identify the
source of the site-specific information, describe the nature and extent of the
known or likely violation in the receiving water, and explain the reasons why
the MS4 discharge is believed to be causing or contributing to the problem. For
ongoing or continuing violations, a single written notification to Ecology will
fulfill this requirement.
2. In the event that Ecology determines, based on a notification provided under
S4.F.1 or through any other means, that a discharge from a MS4 owned or
operated by the Permittee is causing or contributing to a violation of Water
Quality Standards in a receiving water, Ecology will notify the Permittee in
writing that an adaptive management response outlined in S4.F.3 below is
required, unless:
a. Ecology determines that the violation of Water Quality Standards is
already being addressed by a Total Maximum Daily Load (TMDL) or
other enforceable water quality cleanup plan; or
b. Ecology concludes the MS4 contribution to the violation will be
eliminated through implementation of other permit requirements.
3. Adaptive Management Response
a. Within 60 days of receiving a notification under S4.F.2, or by an
alternative date established by Ecology, the Permittee shall review its
Stormwater Management Program (SWMP) and submit a report to
Ecology. The report shall include:
i. A description of the operational and/or structural Best Management
Practices (BMPs) that are currently being implemented to prevent or
reduce any pollutants that are causing or contributing to the violation
of Water Quality Standards, including a qualitative assessment of the
effectiveness of each best management practice (BMP).
ii. A description of potential additional operational and/or structural
BMPs that will or may be implemented in order to apply AKART on
a site-specific basis to prevent or reduce any pollutants that are
causing or contributing to the violation of Water Quality Standards.
iii. A description of the potential monitoring or other assessment and
evaluation efforts that will or may be implemented to monitor,
assess, or evaluate the effectiveness of the additional BMPs.
Eastern Washington Phase H Municipal Stormwater Permit — August 1, 2014
Page 8
iv. A schedule for implementing the additional BMPs including, as
appropriate: funding, training, purchasing, construction, monitoring,
and other assessment and evaluation components of implementation.
b. Ecology will, in writing, acknowledge receipt of the report within a
reasonable time and notify the Permittee when it expects to complete its
review of the report. Ecology will either approve the additional BMPs and
implementation schedule or require the Permittee to modify the report as
needed to meet AKART on a site-specific basis. If modifications are
required, Ecology will specify a reasonable time frame in which the
Permittee shall submit and Ecology will review the revised report.
C. The Permittee shall implement the additional BMPs, pursuant to the
schedule approved by Ecology, beginning immediately upon receipt of
written notification of approval.
d. The Permittee shall include with each subsequent annual report the results
of any monitoring, assessment or evaluation efforts conducted during the
reporting period. If, based on the information provided under this
subsection, Ecology determines that modification of the BMPs or
implementation schedule is necessary to meet AKART on a site-specific
basis, the Permittee shall make such modifications as Ecology directs. In
the event there are ongoing violations of water quality standards despite
the implementation of the BMP approach of this section, the Permittee
may be subject to compliance schedules to eliminate the violation under
WAC 173-201A-510(4) and WAC 173-226-180 or other enforcement
orders as Ecology deems appropriate during the term of this permit.
e. A TMDL or other enforceable water quality cleanup plan that has been
approved and is being implemented to address the MS4's contribution to
the Water Quality Standards violation supersedes and terminates the
S4.F.3 implementation plan.
f. Provided the Permittee is implementing the approved adaptive
management response under this section, the Permittee remains in
compliance with Condition S4, despite any on-going violations of Water
Quality Standards identified under S4.A or B above.
g. The adaptive management process provided under Section S.4.17 is not
intended to create a shield for the Permittee from any liability it may face
under 42 U.S.C. 9601 et seq. or RCW 70.105D.
G. Ecology may modify or revoke and reissue this General Permit in accordance with
G14 General Permit Modification and Revocation if Ecology becomes aware of
additional control measures, management practices or other actions beyond what is
required in this permit, that are necessary to:
1. Reduce the discharge of pollutants to the MEP;
2. Comply with the state AKART requirements; or
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 9
3. Control the discharge of toxicants to waters of the State of Washington.
S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS AND
COUNTIES
This section applies to all Cities, Towns and Counties covered under this permit. Where
the term "Permittee" is used in this section, the requirements apply to any City, Town or
County, whether permit coverage is obtained as a Permittee or as a Co -Permittee.
New Permittees obtaining coverage after the issuance date of this permit shall fully
meet the requirements in S5 as specified in an alternate schedule as a condition of
coverage by Ecology.
A. All Permittees shall implement a Stormwater Management Program (SWMP) during
the term of this permit. The SWMP shall be implemented, at a minimum, throughout
the geographic area described for the Permittee in S LA.
1. A SWMP is a set of actions and activities comprising the components listed in
S5 and any additional actions necessary to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8
Monitoring and Assessment. The SWMP shall be designed to reduce the
discharge of pollutants from the regulated small MS4 to the MEF, to satisfy the
state requirement under Chapter 90.48 RCW to apply AKART prior to
discharge, and to protect water quality.
2. Permittees shall continue implementation of existing stormwater management
programs until they begin implementation of the updated stormwater
management program in accordance with the terms of this permit, including
implementation schedules.
3. Each Permittee shall prepare written documentation of the SWMP, called the
SWMP PIan. The SWMP Plan shall be organized according to the program
components in S53 below or a format approved by Ecology, and shall be
updated at least annually for submittal with the Permittee's annual reports to
Ecology (see S9 Reporting and Recordkeeping). The SWMP Plan shall be
written to inform the general public of planned SWMP activities for the
upcoming calendar year, and shall include a description of.
a. Planned activities for each of the program components included in 55.13.1
through S5.13.6, and
b. Any additional planned actions to meet the requirements of applicable
TMDLs pursuant to S7 Compliance with Total Maximum Daily Load
Requirements.
C. Any additional planned actions to meet the requirements of S8
Monitoring.
Eastern Washington Phase HMunicipal Stormwater Permit August 1, 2014
Page 10
4. Gathering, maintaining, and using information
a. Each Permittee shall have an ongoing program for gathering, tracking,
maintaining, and using information to evaluate SWMP development and
implementation and permit compliance, and to set priorities.
i. Each Permittee shall track the number of inspections performed,
official enforcement actions taken, and types of public education
activities implemented as required for each SWMP component. This
information shall be included in the annual report.
ii. Each Permittee shall track the estimated cost of development and
implementation of each component of the SWMP. This information
shall be provided to Ecology upon request.
Coordination among Permittees
a. Coordination among entities covered under this permit is encouraged. The
SWMP should include coordination mechanisms to encourage coordinated
stormwater-related policies, programs and projects within adjoining or
shared areas, including:
i. Coordination mechanisms clarifying roles and responsibilities for the
control of pollutants between physically interconnected MS4s
covered by a municipal stormwater permit.
ii. Coordinating stormwater management activities for shared water
bodies among Permittees, to avoid conflicting plans, policies and
regulations.
b. The SWMP shall also include coordination mechanisms among
departments within each jurisdiction to eliminate barriers to compliance
with the terms of this permit. Permittees shall include a written description
of internal coordination mechanisms in the Annual Report due no later
than March 31, 2016.
B. The SWMP shall include the components listed below. To the extent allowable under
state and federal law, all components are mandatory for each City, Town, and County
covered under this permit, whether covered as an individual Permittee or as a Co -
Permittee.
Public Education and Outreach
Permittees shall implement a public education and outreach program to
distribute educational materials to the community or conduct equivalent
outreach activities about the impacts of stormwater discharges to water bodies
and the steps the public can take to reduce pollutants in stormwater. Outreach
and educational efforts should include a multimedia approach and shall be
targeted and presented to specific audiences for increased effectiveness. The
education program may be developed and implemented locally or regionally.
Eastern Washington Phase II Municipal Stormwater Permit—August 1, 2014
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The minimum performance measures are:
a. All Permittees shall continue to implement a public education and
outreach program designed to achieve improvements in the target
audience's understanding of the problem and what they can do to solve it.
The program shall, at a minimum, include the following, based on the land
uses and target audiences found within the community:
i. Information for the general public, including school-age children,
about: the importance of improving water quality and protecting
beneficial uses of waters of the state; potential impacts from
stormwater discharges; methods for avoiding, minimizing, reducing
and/or eliminating the adverse impacts of stormwater discharges;
and actions individuals can take to improve water quality, including
encouraging participation in local environmental stewardship
activities and programs.
ii. Information for businesses and the general public about: preventing
illicit discharges, including what constitutes illicit discharges, the
impacts of illicit discharges, and promoting the proper management
and disposal of waste. Targeted business education should include
topics appropriate to the type of business, such as the management of
restaurant dumpsters and wastewater, and the use and storage of
automotive chemicals, hazardous cleaning supplies, carwash soaps,
and other hazardous materials.
iii. Information for engineers, construction contractors, developers,
development review staff, and land use planners about: technical
standards, the development of stormwater site plans and erosion
control plans, low impact development (LID) when it becomes
available, and stormwater Best Management Practices (BMPs) for
reducing adverse impacts from stormwater runoff from development
sites.
b. All Permittees shall continue to implement a public education and
outreach strategy. The strategy shall be designed to reach all of the target
audiences identified within the geographic area of the Permittee's
jurisdiction covered under this permit to meet the education and outreach
goals listed in (a) above.
2. Public Involvement and Participation
Permittees shall provide ongoing opportunities for public involvement and
participation such as advisory panels, public hearings, watershed committees,
participation in developing rate -structures, or other similar activities. Permittees
shall comply with applicable state and local public notice requirements when
developing elements of the SWMP.
The minimum performance measures are:
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 12
a. Permittees shall implement a program or policy directive to create
opportunities for the public to provide input during the decision making
processes involving the development, implementation and update of the
SWMP, including development and adoption of all required ordinances
and regulatory mechanisms.
b. No later than May 31 each year, Permittees shall post on their website and
make the latest version of the annual report and SWMP Plan available to
the public. All other submittals should be available to the public upon
request. Co -Permittees and other groups of Permittees that are developing
the SWMP in a cooperative effort may post the updated SWMP Plan on a
single entity's website. To comply with the posting requirement, a
Permittee that does not maintain a website may submit the updated SWMP
Plan in electronic format to Ecology for posting on its website.
3. Illicit Discharge Detection and Elimination
Each Permittee shall implement and enforce a program designed to prevent,
detect, characterize, trace and eliminate illicit connections and illicit discharges
into the MS4.
The minimum performance measures are:
a. Each Permittee shall continue to maintain a map of the MS4, showing the
location of all known and new connections to the MS4 authorized or
approved by the Permittee; all known outfalls; the names and locations of
all waters of the state that receive discharges from those outfalls; and areas
served by discharges to ground.
i. Field surveys conducted pursuant to the requirements of S5.13.3.c.iii.
shall verify outfall locations and identify previously unknown
outfalls on priority water bodies. Permittees shall, upon request and
to the extent consistent with national security laws and directives,
provide maps and mapping information to Ecology, other entities
covered under this permit, other municipalities, and/or federally -
recognized Indian Tribes. This permit does not preclude Permittees
from recovering reasonable costs associated with fulfilling mapping
information requests by other municipalities, federally -recognized
Indian Tribes, Co -Permittees and Secondary Permittees.
ii. The preferred, but not required, format for mapping is an electronic
format with fully described mapping standards. An example
description is provided on Ecology's website.
iii. The Permittee shall maintain documentation of the information
included in the map, and the map shall be updated periodically.
b. Each Permittee shall effectively prohibit, through ordinance or other
regulatory mechanism, non-stormwater discharges into the MS4.
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 13
i. Each Permittee shall implement an ordinance or other regulatory
mechanism that prohibits illicit discharges and authorizes
enforcement actions, including on private property.
ii. Allowable discharges. The ordinance or other regulatory mechanism
does not need to prohibit the following categories of non-stormwater
discharges:
• Diverted stream flows.
• Rising ground waters.
• Uncontaminated ground water infiltration (as defined at 40
CFR 35.2005(20)).
• Uncontaminated pumped ground water.
• Foundation drains.
Air conditioning condensation.
0 Irrigation water from agricultural sources that is commingled
with urban stormwater.
• Springs.
• Uncontaminated water from crawl space pumps.
• Footing drains.
• Flows from riparian habitats and wetlands.
• Discharges from emergency fire fighting activities in
accordance with S2 Authorized Discharges.
• Non-stormwater discharges authorized by another NPDES
permit or state waste discharge permit.
iii. Conditionally allowable discharges. The ordinance or other
regulatory mechanism may allow the following categories of non-
stormwater discharges only if the stated conditions are met:
• Discharges from potable water sources, including but not
limited to water line flushing, hyperchlorinated water line
flushing, fire hydrant system flushing, and pipeline hydrostatic
test water. Planned discharges shall be dechlorinated to a total
residual chlorine concentration of 0.1 ppm or less, pH -adjusted
if necessary, and volumetrically and velocity controlled to
prevent resuspension of sediments in the MS4.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 14
Discharges from lawn watering and other irrigation runoff.
These discharges shall be minimized through, at a minimum,
public education activities (see S5.B.1.) and water conservation
efforts.
Dechlorinated swimming pool, spa and hot tub discharges.
The discharges shall be dechlorinated to a total residual
chlorine concentration of 0.1 ppm or less, pH -adjusted and
reoxygenated if necessary, and volumetrically and velocity
controlled to prevent resuspension of sediments in the MS4.
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
MS4.
Street and sidewalk wash water, water used to control dust, and
routine external building washdown that does not use
detergents. The Permittee shall reduce these discharges
through, at a minimum, public education activities (see S5.B.1)
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.
• Other non-stormwater discharges. Other non-stormwater
discharges shall be in compliance with the requirements of a
pollution prevention plan reviewed by the Permittee which
addresses control of such discharges.
iv. The ordinance or other regulatory mechanism shall further address
any category of discharges in (ii) or (iii) above if the discharge is
identified as a significant source of pollutants to waters of the state.
V. The ordinance or other regulatory mechanism shall include
escalating enforcement procedures and actions.
vi. The Permittee shall implement a compliance strategy that includes
informal compliance actions such as public education and technical
assistance, as well as the enforcement provisions of the ordinance or
other regulatory mechanism. To implement an effective compliance
strategy, the Permittee's ordinance or other regulatory mechanism
may need to include the following tools:
+ The application of operational and/or structural source control
BMPs for pollutant generating sources associated with existing
land uses and activities where necessary to prevent illicit
discharges. The source control BMPs referenced in this subsection
are in Volume IV of the 2004 Stormwater Management Manual for
Eastern Washington or another technical manual approved by
Ecology.
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 15
The maintenance of stormwater facilities which discharge into the
Permittee's MS4 in accordance with maintenance standards
established under S5.B.5 where necessary to prevent illicit
discharges.
vii. The Permittec's ordinance or other regulatory mechanism in effect as
of the effective date of this permit shall be revised if necessary to
meet the requirements of this section, no later than February 2, 2019.
C. Each Permittee shall implement an ongoing program designed to detect
and identify illicit discharges and illicit connections into the Permittee's
MS4. The program shall include the following components:
i. Procedures for conducting investigations of the Permittee's MS4,
including field screening to identify potential sources.
ii. Procedures for locating priority areas likely to have illicit discharges,
including at a minimum: evaluating land uses and associated
business/industrial activities present; areas where complaints have
been registered in the past; and areas with storage of large quantities
of materials that could result in illicit discharges, including spills.
iii. Field assessment activities, including outfalls, or facilities serving
priority areas identified in (ii) above, during dry weather and for the
purposes of verifying outfall locations and detecting illicit
discharges.
Compliance with this provision shall be achieved by: field assessing
at least 40% of the MS4 within the Permittee's coverage area no
later than December 31, 2018 and on average 12% each year
thereafter to verify outfall locations and detect illicit discharges.
iv. A publicly listed and publicized hotline or other telephone number
for public reporting of spills and other illicit discharges.
V. Permittees shall provide adequate training for all municipal field
staff which, as part of their normal job responsibilities, might come
into contact with or otherwise observe an illicit discharge or illicit
connection to the storm sewer system, on the identification of an
illicit discharge/connection, and on the proper procedures for
reporting and responding, as appropriate, to the illicit
discharge/connection. Follow-up training shall be provided as
needed to address changes in procedures, techniques, requirements,
or staffing. Permittees shall document and maintain records of the
trainings provided and the staff trained.
vi. Permittees shall inform public employees, businesses, and the
general public of hazards associated with illicit discharges and
improper disposal of waste.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 16
d. Permittees shall implement an ongoing program designed to address illicit
discharges, including spills, and illicit connections into the MS4. The plan
shall include:
L Procedures for characterizing the nature of, and potential public or
environmental threat posed by, any illicit discharges found by or reported
to the Permittee. Procedures shall address the evaluation of whether the
discharge shall be immediately contained and steps to be taken for
containment of the discharge.
ii. Procedures for tracing the source of an illicit discharge; including visual
inspections, and when necessary, opening manholes, using mobile
cameras, collecting and analyzing water samples, and/or other detailed
inspection procedures.
iii. Procedures for eliminating the discharge, including notification of
appropriate authorities; notification of the property owner; technical
assistance; follow-up inspections; and use of the compliance strategy
developed pursuant to S5.B.3.b.vi including escalating enforcement and
legal actions if the discharge is not eliminated.
iv. Compliance with the provisions in (i), (ii), and (iii) above, shall be
achieved by meeting the following timelines:
• Immediately respond to all illicit discharges, including spills,
which are determined to constitute a threat to human health,
welfare, or the environment, consistent with General Condition
G3.
Investigate (or refer to the appropriate agency with the
authority to act) within 7 days, any complaints, reports, or
monitoring information that indicates a potential illicit
discharge.
Initiate an investigation within 21 days of any report or
discovery of a suspected illicit connection to determine the
source of the connection, the nature and volume of discharge
through the connection, and the party responsible for the
connection.
Upon confirmation of an illicit connection, use the compliance
strategy outlined in S5.B.3.b.vi in a documented effort to
eliminate the illicit connection within 6 months. All known
illicit connections to the MS4 shall be eliminated.
e. Permittees shall train staff who are responsible for identification,
investigation, termination, cleanup, and reporting of illicit discharges,
including spills, and illicit connections to conduct these activities. FoIlow-
up training shall be provided as needed to address changes in procedures,
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 17
techniques, requirements, or staff. Permittees shall document and maintain
records of the training provided and the staff trained.
f. Recordkeeping: Permittees shall track and maintain records of the
activities conducted to meet the requirements of this section.
4. Construction Site Stormwater Runoff Control
All Permittees shall implement and enforce a program to reduce pollutants in
any stormwater runoff to the MS4 from construction activities that disturb one
acre or more, and from construction projects of less than one acre that are part
of a larger common plan of development or sale.
Public and private projects, including projects proposed by the Permittee's own
departments and agencies, shall comply with these requirements. The Permittee
shall implement an ongoing process for ensuring proper project review,
inspection, and compliance by its own departments and agencies.
The minimum performance measures are:
a. Permittees shall implement an ordinance or other regulatory mechanism to
require erosion and sediment controls, and other construction -phase
stormwater pollution controls at new development and redevelopment
projects. The ordinance or other regulatory mechanism shall include
sanctions to ensure compliance.
i. The ordinance or other regulatory mechanism shall apply, at a
minimum, to construction sites disturbing one acre or more and to
construction projects of less than one acre that are part of a larger
common plan of development or sale.
ii. The ordinance or other regulatory mechanism shall require
construction operators to adhere, at a minimum, to the requirements
of Appendix 1, Core Element #2, including preparation of
Construction Stormwater Pollution Prevention Plans (Construction
SWPPPs) and application of BMPs as necessary to protect water
quality, reduce the discharge of pollutants to the MEP, and satisfy
state AKART requirements.
• The ordinance or other regulatory mechanism shall include
requirements for construction site operators to implement
appropriate erosion and sediment control BMPs. The
ordinance or other regulatory mechanism shall include
requirements for construction site operators to control waste
such as discarded building materials, concrete truck washout,
chemicals, litter, and sanitary waste at the construction site that
may cause adverse impacts to water quality.
• Permittees shall document how the requirements of the
ordinance or other regulatory mechanism protect water quality,
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 18
reduce the discharge of pollutants to the MEP, and satisfy state
AKART requirements. Documentation shall include:
o How stormwater BMPs were selected;
o The pollutant removal expected from the selected BMPs;
o The technical basis which supports the performance
claims for the selected BMPs; and
o How the selected BMPs will comply with applicable state
water quality standards and satisfy the state requirement
to apply AKART prior to discharge.
Permittees who choose to use the BMP selection, design,
installation, operation and maintenance standards in the
Stormwater Management Manual for Eastern Washington
(2004), or another technical stormwater manual approved by
Ecology, may cite this reference as the sole documentation that
the ordinance or regulatory mechanism is protecting water
quality, reducing the discharge of pollutants to the MEP, and
satisfying state AKART requirements.
iii. The ordinance or other regulatory mechanism shall include
appropriate, escalating enforcement procedures and actions.
iv. The Permittee shall implement an enforcement strategy and the
enforcement provisions of the ordinance or other regulatory
mechanism.
V. The ordinance shall include a provision for access by qualified
personnel to inspect construction -phase stormwater BMPs on private
properties that discharge to the MS4.
b. Permittees shall implement procedures for site plan review which
incorporate consideration of potential water quality impacts.
Prior to construction, Permittees shall review Construction SWPPPs
for, at a minimum, all construction sites that disturb one acre or
more, or are less than one acre and are part of a larger common plan
of development or sale, to ensure that the plans are complete
pursuant to the requirements of Appendix 1, Core Element #2. The
Construction SWPPP review shall be performed by qualified
personnel and shall be performed in coordination with S5.B.5.b.i
review of Stormwater Site Plans.
• To comply with this provision, Permittees shall keep records of
all projects disturbing one acre or more, and all projects of any
size that are part of a common plan of development or sale that
is one acre or more, that are approved after the effective date of
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 19
this permit. Permittees shall keep records of these projects for
five years or until construction is completed, whichever is
longer.
• If the Permittee chooses to allow construction sites to apply the
"Erosivity Waiver" in Appendix 1, Core Element #2, the
Permittee is not required to review Construction SWPPPs for
individual sites applying the waiver.
ii. Permittees shall provide adequate training for all staff involved in
permitting, planning, and review to carry out these provisions. The
training records to be kept include dates, activities or course
descriptions, and names and positions of staff in attendance.
C. Permittees shall implement procedures for site inspection and enforcement
of construction stormwater pollution control measures.
i. Each Permittee shall implement a procedure for keeping records of
inspections and enforcement actions by staff, including inspection
reports, warning letters, notices of violations, and other enforcement
records.
ii. Permittees shall provide adequate training for all staff involved in
plan review, field inspection and enforcement to carry out the
provisions of this SWMP component. The training records to be kept
include dates, activities or course descriptions, and names and
positions of staff in attendance.
iii. All new construction sites that disturb one acre or more, or are part
of a larger common plan of development or sale, shall be inspected
at Ieast once by qualified personnel.
To comply with this provision, Permittees shall keep records of
all projects disturbing one acre or more, and all projects of any
size that are part of a common plan of development or sale that
is one acre or more, that are approved after the effective date of
this permit.
Permittees shall keep project records for five years or until
construction is completed, whichever is longer.
Compliance with this inspection requirement will be
determined by the Permittee having and maintaining records of
an inspection program that is designed to inspect all sites.
Compliance during this permit term will be determined by the
Permittee achieving an inspection rate of at least 80% of the
sites.
d. Permittees shall provide information to construction site operators about
training available on how to install and maintain effective erosion and
Eastern Washington Phase H Municipal Stormwater Permit — August 1, 2014
Page 20
sediment controls and how to comply with the requirements of Appendix
1 and apply the BMPs described in Chapter 7 of the Stormwater
Management Manual for Eastern Washington (2004), or another technical
stormwater manual approved by Ecology.
Permittees shall keep copies of information provided to construction site
operators, and if information is distributed to a large number of design
professionals at once, the dates of the mailings and lists of recipients.
If the Permittee chooses to allow construction sites to apply the "Erosivity
Waiver" in Appendix 1, Core Element #2, the Permittee shall keep a
record of all construction sites that provide notice to the Permittee of their
intention to apply the waiver. The Permittee shall investigate complaints
about these sites in the same manner as it will investigate complaints about
sites that have submitted Construction SWPPPs for review pursuant to
S5.13A.b.i. above.
Post -Construction Stormwater Management for New Development and
Redevelopment
All Permittees shall implement and enforce a program to address post -
construction stormwater runoff to the MS4 from new development and
redevelopment projects that disturb one acre or more, and from projects of less
than one acre that are part of a larger common plan of development or sale. The
program shall ensure that controls to prevent or minimize water quality impacts
are in place.
Public and private projects, including projects proposed by the Permittee's own
departments and agencies, shall comply with these requirements. The Permittee
shall implement an ongoing process for ensuring proper project review,
inspection, and compliance by its own departments and agencies.
The minimum performance measures are:
a. Permittees shall implement an ordinance or other regulatory mechanism
that requires post -construction stormwater controls at new development
and redevelopment projects. The ordinance or other regulatory mechanism
shall include sanctions to ensure compliance. The local program adopted
to meet the requirements of S53.5.a.ii(a) and (b)(2) below shall apply to
all applications) submitted after December 31, 2017 and shall apply to
projects approved prior to January 1, 2018, which have not started
construction2 by December 31, 2023.
In this context, "application" means, at a minimum a complete project description, site plan, and, if applicable,
SEPA checklist. Permittees may establish additional elements of a complete application.
2 In this context, "started construction" means at a minimum the site work associated with, and directly related to the
approved project has begun. For example: grading the project site to final grade or utility installation. Simply
Eastern Washington Phase II Municipal Stormwater Permit —,4 ugust 1, 2014
Page 21
The ordinance or other regulatory mechanism shall apply, at .1
minimum, to new development and redevelopment sites that
discharge to the MS4 and that disturb one acre or more or are less
than one acre and are part of a larger common plan of development
or sale.
ii. The ordinance or other regulatory mechanism shall require project
proponents and property owners to adhere to the minimum technical
requirements in Appendix 1 and shall include BMP selection, design,
installation, operation, and maintenance standards necessary to
protect water quality, reduce the discharge of pollutants to the MEP,
and satisfy state AKART requirements.
(a) All Permittees shall implement a policy of encouraging project
proponents to maintain natural drainages to the maximum extent
possible, including reducing the total amount of impervious
surfaces created by the project.
No later than December 31, 2017, Permittees shall allow non-
structural preventive actions and source reduction approaches
such as Low Impact Development (LID) techniques, measures to
minimize the creation of impervious surfaces and measures to
minimize the disturbance of native soils and vegetation.
Provisions for LID should take into account site conditions and
long term maintenance.
(b) The ordinance or other regulatory mechanism shall include
requirements for project proponents and property owners to
implement appropriate runoff treatment, flow control, and source
control BMPs considering the proposed land use at the site to
minimize adverse impacts to water quality.
(1) Each Permittee shall implement a specific hydrologic
method or methods for calculating runoff volumes and
flow rates to ensure consistent sizing of structural BMPs
in their jurisdiction and to facilitate plan review.
Permittees may allow proponents of unique or complex
projects to use other methodologies.
(2) No later than December 31, 2017, Permittees must
require projects approved under S5.B.5 to retain runoff
generated on-site for, at a minimum, the 10 -year, 24-hour
rainfall event or a local equivalent. Permittees may meet
this requirement using on-site or regional stormwater
facilities. Permittees that are not already meeting this
clearing the project site does not constitute the start of construction. Permittees may establish additional
requirements related to the start of construction.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 22
requirement in existing ordinances shall develop and
implement criteria to determine when it is infeasible for a
project to meet this requirement', including but not
limited to:
Site/Engineering-based conditions such as soils that
do not allow for infiltration of the required volume
of stormwater runoff; proximity to a known
hazardous waste site or landfill; proximity to a
drinking water well or spring; proximity to an onsite
sewage system or underground storage tank;
setbacks from structures; landslide hazard areas or
slopes; seasonal high groundwater; incompatibility
with the surrounding drainage system from
elevation or location; areas prone to erosion.
• Incompatibility with uses related to concerns such
as public safety, protection from spills,
contaminated sites, or frequently flooded areas.
• Incompatibility with state or federal laws.
• Permittees shall submit to Ecology with the Annual
Report due no later than March 31, 2018 a summary
of the criteria defining infeasibility, or a citation for
the criteria adopted pursuant to a regional LID
manual.
(3) To meet the requirements of Appendix 1, Core Element
#5 (Runoff Treatment) and Core Element #6 (Flow
Control), Permittees may choose to apply the definitions
and requirements in Chapter 2.2.5 and 2.2.6 of the
Stormwater Management Manual for Eastern
Washington (2004), or portions thereof, and the methods
described in Chapters 4 and 6 of the Stormwater
Management Manual for Eastern Washington (2004), or
another technical stormwater manual approved by
Ecology.
(c) The ordinance or other regulatory mechanism shall include
requirements to ensure adequate ongoing long-term operation
and maintenance of the BMPs approved by the Permittee.
(d) Permittees shall document how the requirements of the
ordinance or other regulatory mechanism protect water quality,
3 Ecology issued a grant in 2012 to work with Permittees to develop an Eastern Washington LID Manual. Permittees
may choose to meet this requirement by adopting the criteria developed in that process.
Eastern Washington Phase HMunicipal Stormwater Permit —August 1, 2014
Page 23
reduce the discharge of pollutants to the MEP, and satisfy state
AKART requirements. Documentation shall include:
(1) How stormwater BMPs were selected;
(2) The pollutant removal expected from the selected BMPs;
(3) The technical basis which supports the performance
claims for the selected BMPs; and
(4) How the selected BMPs will comply with applicable state
water quality standards and satisfy the state requirement
to apply AKART prior to discharge.
Permittees who choose to use the BMP selection, design,
installation, operation and maintenance standards in the
Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater
manual approved by Ecology, may cite this reference as
the sole documentation that the ordinance or regulatory
mechanism is protecting water quality, reducing the
discharge of pollutants to the MEP, and satisfying state
AKART requirements.
iii. The ordinance or other regulatory mechanism shall include
provisions for both construction -phase and post -construction access
for Permittees to inspect stormwater BMPs on private properties that
discharge to the MS4. If deemed necessary for post -construction
access, the ordinance or other regulatory mechanism may, in lieu of
requiring that continued access be granted to the Permittee's staff or
qualified personnel, instead require private property owners to
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.
iv. The ordinance or other regulatory mechanism shall include
appropriate, escalating enforcement procedures and actions.
V. The Permittee shall implement an enforcement strategy and the
enforcement provisions of the ordinance or other regulatory
mechanism.
b. Permittees shall implement procedures for site plan review which
incorporate consideration of potential water quality impacts.
i. Prior to construction, Permittees shall review Stormwater Site Plans
for, at a minimum, all new development and redevelopment sites that
meet the thresholds in S5.B.5.a.i to ensure that the plans include
stormwater pollution prevention measures that meet the requirements
in S5.B.5.a.ii.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 24
To comply with this provision, Permittees shall keep records of all
projects disturbing more than one acre, and all projects of any size
that are part of a common plan of development or sale that is one
acre or more, that are approved after the effective date of this permit.
Permittees shall keep records of these projects for five years or until
construction is completed, whichever is longer.
ii. The site plan review shall be performed by qualified personnel and
shall include review of Construction Stormwater Pollution
Prevention Plans where required pursuant to S5.B.4.b.i.
C. Permittees shall implement procedures for site inspection and
enforcement of post -construction stormwater control measures.
i. The program shall include a procedure for keeping records of
inspections and enforcement actions by staff, including inspection
reports, warning letters, notices of violations, and other enforcement
records. At a minimum, inspection and enforcement procedures shall
be applied to all new development and redevelopment sites that meet
the thresholds in S5.13.5.a.i.
ii. Structural BMPs shall be inspected at least once during installation
by qualified personnel.
iii. Structural BMPs shall be inspected at least once every five years
after final installation, or more frequently as determined by the
Permittee to be necessary to prevent adverse water quality impacts,
to ensure that adequate maintenance is being performed. The
inspection shall be performed by qualified personnel.
iv. Recommended operation and maintenance standards for structural
BMPs in the Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater manual
approved by Ecology, shall be met. If a BMP is not inspected, the
Permittee is not in violation of this provision unless a violation of
water quality standards occurs due to lack of operation and
maintenance of the facility.
V. If a site is inspected and problems are identified, the Permittee is not
in violation of this provision, provided the Permittee requires and
confirms that necessary operation, maintenance and/or repair to
correct the problem is performed as soon as practicable.
d. Permittees shall provide adequate training for all staff involved in
permitting, planning, review, inspection, and enforcement to carry out the
provisions of this SWMP component.
e. Permittees shall provide information to design professionals about training
available on how to comply with the requirements of Appendix 1 and
apply the BMPs described in the Stormwater Management Manual for
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 25
Eastern Washington (2004), or another technical stormwater manual
approved by Ecology.
f. To comply with these provisions, Permittees shall keep records of all
projects disturbing one acre or more, and all projects of any size that are
part of a common plan of development or sale that is one acre or more,
that are approved after the effective date of this permit.
Permittees shall keep project records for five years or until
construction is completed, whichever is longer, with the following
exceptions: approved site plans and O&M plans shall be kept as
needed to comply with the ongoing inspection requirements of this
permit.
ii. The training records to be kept (for d, above) include dates, activities
or course descriptions, and names and positions of staff in
attendance.
iii. Permittees shall keep copies of information that is provided to design
professionals (for e, above); and, if information is distributed to a
large number of design professionals at once, the dates of the
mailings and lists of recipients.
6. Municipal Operations and Maintenance
Permittees shall implement an operation and maintenance program that includes
a training component and has the ultimate goal of preventing or reducing
pollutant runoff from municipal operations.
The minimum performance measures are:
a. Permittees shall implement a schedule of municipal Operation and
Maintenance activities (an O&M Plan). Permittees shall review and, if
needed, update the O&M Plan no later than August 1, 2017. The schedule
shall include BMPs that, when applied to the municipal activity or facility,
will protect water quality, reduce the discharge of pollutants to the MEP,
and satisfy state AKART requirements. Chapter 8 of the Stormwater
Management Manual for Eastern Washington provides a selection of
appropriate BMPs that meet these requirements for various types of
facilities. Operation and maintenance standards in the O&M Plan shall be
at least as protective as those included in Chapters 5, 6, and 8 of the
Stormwater Management Manual for Eastern Washington (2004), or
another technical stormwater manual approved by Ecology. Record
keeping shall be done pursuant to the requirements in S9 Reporting and
Recordkeeping.
i. The O&M Plan shall include appropriate pollution prevention and good
housekeeping procedures for all of the following types of facilities
and/or activities listed below.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 26
a Stormwater collection and conveyance system, including catch
basins, stormwater sewer pipes, open channels, culverts, structural
stormwater controls, and structural runoff treatment and/or flow
control facilities. The O&M Plan shall address, but is not limited to:
regular inspections, cleaning, proper disposal of waste removed
from the system in accordance with Appendix 6 Street Waste
Disposal, and record keeping. Permittees shall implement catch
basin cleaning, stormwater system maintenance, scheduled
structural BMP inspections and maintenance, and pollution
prevention/good housekeeping practices. Decant water shall be
disposed of in accordance with Appendix b Street Waste Disposal.
b Roads highways, and parking lots. The O&M Plan shall address, at
a minimum: deicing, anti -icing, and snow removal practices; snow
disposal areas and runoff from snow storage areas; material (e.g.
salt, sand, or other chemical) storage areas; and all -season BMPs to
reduce road and parking lot debris and other pollutants from
entering the MS4. Permittees shall implement all pollution
prevention/good housekeeping practices established in the O&M
Plan for all roads, highways, and parking lots with more than 5,000
square feet of pollutant generating impervious surface that are
owned, operated, or maintained by the Permittee.
(c) Vehicle fleets. The O&M Plan shall address, at a minimum: storage,
washing, maintenance, repair, and fueling of municipal vehicle
fleets. Permittees shall conduct all vehicle and equipment washing
and maintenance in a self-contained covered building or in
designated wash and/or maintenance areas operated to separate
wash water from stormwater.
(d) Municipal buildings. The O&M Plan shall address, at a minimum:
cleaning, washing, painting and other maintenance activities.
Permittees shall implement all pollution prevention/good
housekeeping practices established in the O&M Plan for buildings
owned, operated, or maintained by the Permittee.
(e_) Parks and open space. The O&M Plan shall address, at a minimum:
proper application of fertilizer, pesticides, and herbicides; pet waste
BMPs; sediment and erosion control; BMPs for landscape
maintenance and vegetation disposal; trash and dumpster
management; and BMPs for building exterior cleaning and
maintenance. Permittees shall implement park and open space
maintenance pollution prevention/good housekeeping practices at
all park areas and other open spaces owned or operated by the
Permittee.
(fl Construction Proiects. Public construction projects shall comply
with the requirements applied to private projects. All construction
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 27
projects owned or operated by the Permittee that are required to
have an NPDES permit shall be covered under either the General
NPDES Permit for Stormwater Discharges Associated with
Construction Activities or another NPDES permit that authorizes
stormwater discharges associated with the activity. All public
projects shall include construction and post -construction controls
selected and implemented pursuant to the requirements in Appendix
1.
(g) Industrial Activities. All facilities owned or operated by the
Permittee that are required to have NPDES permit coverage shall be
covered under the General NPDES Permit for Stormwater
Discharges Associated with Industrial Activities or another NPDES
permit that authorizes stormwater discharges associated with the
activity.
(h) Material storage areas, heavy equipment storage areas and
maintenance areas. Permittees shall implement a Stormwater
Pollution Prevention Plan to protect water quality at each of these
facilities owned or operated by the Permittee and not required to
have coverage under the General NPDES Permit for Stormwater
Discharges Associated with Industrial Activities or another NPDES
permit that authorizes stormwater discharges associated with the
activity. Generic Stormwater Pollution Prevention Plans that can be
applied at multiple sites may be used to comply with this
requirement.
i FIood management projects. Permittees shall assess water quality
impacts in the design of all new flood management projects that are
associated with the MS4 or that discharge to the MS4, including
considering use of controls that minimize impacts to site hydrology
and still meet project objectives.
(j) Other facilities that would reasonably be epected to discharge
contaminated runoff. Permittees shall implement BMPs to protect
water quality from discharges from these sites in the O&M Plan.
ii. The O&M plan shall include a schedule of inspections and requirements
for record keeping pursuant to S9 Reporting and Recordkeeping.
(a) A minimum of 95% of all known Stormwater treatment and flow
control facilities (except catch basins) owned, operated or
maintained by the Permittee shall be inspected at least once every
two years, with problem facilities identified during inspections to be
inspected more frequently.
(b) All catch basins and inlets owned or operated by the Permittee shall
be inspected at least once by December 31, 2018 and every two
years thereafter. Clean catch basins if the inspection indicates
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 28
cleaning is needed to comply with the maintenance standards
adopted pursuant to S5.13.6.a.
The following alternatives to the standard approach of inspecting
catch basins once by December 31, 2018 and every two years
thereafter may be applied to all or portions of the system:
The catch basin inspection schedule of once by December 31,
2018 and every two years thereafter may be changed as
appropriate to meet the maintenance standard based on
maintenance records of double the length of time of the
proposed inspection frequency. In the absence of
maintenance records for catch basins, the Permittee may
substitute written statements to document a specific, less
frequent inspection schedule. Written statements shall be
based on actual inspection and maintenance experiences and
shall be certified in accordance with G19 Certification and
Signature.
• Inspections at least once by December 31, 2018 and every
two years thereafter may be conducted on a "circuit basis"
whereby 25% of catch basins and inlets within each circuit
are inspected to identify maintenance needs. Include in the
inspection the catch basin immediately upstream of any
system outfall, if applicable. Clean all catch basins within a
given circuit for which the inspection indicates cleaning is
needed to comply with maintenance standards established
under S5.B.4.a, above.
• The Permittee may clean all pipes, ditches, catch basins, and
inlets within a circuit once during the permit term. Circuits
selected for this alternative must drain to a single point.
(c) Spot checks for potentially damaged stormwater treatment and
flow control facilities will be conducted after major storm events
(24 hour storm event with a 10 -year or greater recurrence interval).
Any needed repair or maintenance shall be performed as soon as
practicable pursuant to the findings of a regular inspection or spot
check.
iii. The O&M plan shall identify the department (and where appropriate, the
specific staff) responsible for performing each activity.
b. Permittees shall provide training for all employees who have primary
construction, operations, or maintenance job functions that are likely to
impact stormwater quality. Training shall address the importance of
protecting water quality, operation and maintenance requirements,
inspection procedures, and ways to perform their job activities to prevent or
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 29
minimize impacts to water quality. Follow-up training shall be provided as
needed to address changes in procedures, methods or staffing.
S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERIVIITTEES
A. This section applies to all Secondary Permittees, whether coverage under this Permit
is obtained individually or as a Co -Permittee with a City and/or Town and/or County
and/or another Secondary Permittee.
New Secondary Permittees subject to this Permit shall fully meet the requirements of
this section as modified in footnotes in S6.D below, or as established as a condition
of coverage by Ecology.
1. To the extent allowable under state, federal and local law, all components are
mandatory for each Secondary Permittee covered under this permit, whether
covered as an individual Permittee or as a Co -Permittee.
2. Each Secondary Permittee shall develop and implement a stormwater
management program (SWMP). A SWMP is a set of actions and activities
comprising the components listed in S6 and any additional actions necessary to
meet the requirements of applicable TMDLs pursuant to S7 Compliance with
TMDL Requirements, and S8 Monitoring and Assessment. The SWMP shall be
designed to reduce the discharge of pollutants from regulated small MS4s to the
MEP and protect water quality.
3. Unless an alternate implementation schedule is established by Ecology as a
condition of permit coverage, the SWMP shall be developed and implemented
in accordance with the schedules contained in this section and shall be fully
developed and implemented no later than four and one-half years from initial
permit coverage date. Secondary Permittees that are already implementing some
or all of the required SWMP components shall continue implementation of
those components.
4. Secondary Permittees may implement parts of their SWMP in accordance with
the schedule for cities, towns and counties in S5, provided they have signed a
memorandum of understanding or other agreement to jointly implement the
activity or activities with one or more jurisdictions listed in S1.D.2.a, and
submitted a copy of the agreement to Ecology.
5. Each Secondary Permittee shall prepare written documentation of the SWMP,
called the SWMP Plan. The SWMP Plan shall include a description of program
activities for the upcoming calendar year.
B. Coordination
Secondary Permittees shall coordinate stormwater-related policies, programs and
projects within a watershed and with interconnected MS4s. Where relevant and
appropriate, the SWMP shall coordinate among departments of the Secondary
Permittee to ensure compliance with the terms of this Permit.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 30
C. Legal Authority
To the extent allowable under state law and federal law, each Secondary Permittee
shall be able to demonstrate that they can operate pursuant to legal authority which
authorizes or enables the Secondary Permittee to control discharges to and from
MS4s owned or operated by the Secondary Permittee.
This legal authority may be a combination of statutes, ordinances, permits, contracts,
orders, interagency agreements, or similar instruments.
D. Stormwater Management Program for Secondary Permittees
Permittees that are already implementing some or all of the SWMP components in
this section shall continue implementation of those components of their SWMP.
The SWMP for Secondary Permittees shall include the following components:
1. Public Education and Outreach
Each Secondary Permittee shall implement the following stormwater education
strategies:
a. Storm drain inlets owned or operated by the Secondary Permittee that are
located in maintenance yards, in parking lots, along sidewalks, and at
pedestrian access points shall be clearly labeled with a message similar to
"Dump no waste — Drains to water body', .4
As identified during visual inspection and regular maintenance of storm
drain inlets per the requirements of S6.D.3.d and S6.D.6.a.i below, or as
otherwise reported to the Secondary Permittee, any inlet having a label
that is no longer clearly visible and/or easily readable shall be re -labeled
within 90 days.
b. Each year beginning no later than three years from the initial date of
permit coverage, public ports, colleges and universities shall distribute
educational information to tenants and residents on the impact of
stormwater discharges on receiving waters, and steps that can be taken to
reduce pollutants in stormwater runoff. Distribution may be by hard copy
or electronic means. Appropriate topics may include:
How stormwater runoff affects local waterbodies.
ii. Proper use and application of pesticides and fertilizers.
iii. Benefits of using well -adapted vegetation.
" New Secondary Permittees shall label all inlets as described in S5.D. La no later than four years from the initial
date of permit coverage.
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 31
iv. Alternative equipment washing practices including cars and trucks
that minimize pollutants in stormwater.
V. Benefits of proper vehicle maintenance and alternative transportation
choices; proper handling and disposal of wastes, including the
location of hazardous waste collection facilities in the area.
vi. Hazards associated with illicit connections and illicit discharges.
vii. Benefits of litter control and proper disposal of pet waste.
2. Public Involvement and Participation
Each year no later than May 31, each Secondary Permittee shall:
a. Make the annual report available on the Secondary Permittee's website.
b. Make the latest updated version of the SWMP Plan available on the
Secondary Permittee's website.
C. To comply with the posting requirement, a Secondary Permittee that does
not maintain a website may submit the updated SWMP Plan in electronic
format to Ecology for posting on Ecology's website.
3. Illicit Discharge Detection and Elimination
Each Secondary Permittee shall:
a. From the initial date of permit coverage, comply with all relevant
ordinances, rules, and rcgulations of the local jurisdiction(s) in which the
Secondary Permittee is located that govern non-stormwater discharges.
b. Implement appropriate policies prohibiting illicit discharges' and an
enforcement plan to ensure compliance with illicit discharge policies.'
These policies shall address, at a minimum: illicit connections; non-
stormwater discharges, including spills, of hazardous materials; and
improper disposal of pet waste and litter.
i. Allowable discharges. The policies do not need to prohibit the
following categories of non-stormwater discharges:
• Diverted stream flows.
• Rising ground waters.
5 New Secondary Permittees shall develop and implement appropriate policies prohibiting illicit discharges, and
identify possible enforcement mechanisms as described in S6.D.3.b no later than one year from the initial date of
permit coverage.
'New Secondary Permittees shall develop and implement an enforcement plan as described in S6.D.3.b no later
than 18 months from the initial date of permit coverage.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 32
• Uncontaminated ground water infiltration (as defined at 40 CFR
35.2005(20)).
• Uncontaminated pumped ground water.
• Foundation drains.
O Air conditioning condensation.
• Irrigation water from agricultural sources that is commingled with
urban stormwater.
• Springs.
• Uncontaminated water from crawl space pumps.
Footing drains.
• Flows from riparian habitats and wetlands.
Discharges from emergency fire fighting activities in accordance
with S2 Authorized Discharges.
• Non-stormwater discharges authorized by another NPDES or state
waste discharge permit.
ii. Conditionally allowable discharges. The policies may allow the
following categories of non-stormwater discharges only if the stated
conditions are met and such discharges are allowed by local codes:
• Discharges from potable water sources, including but not
limited to water line flushing, hyperchlorinated water line
flushing, fire hydrant system flushing, and pipeline hydrostatic
test water. Planned discharges shall be dechlorinated to a total
residual chlorine concentration of 0.1 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.
These discharges shall be minimized through, at a minimum,
public education activities and water conservation efforts
conducted by the Secondary Permittee and/or the local
jurisdiction.
• Dechlorinated swimming pool, spa and hot tub discharges.
The discharges shall be dechlorinated to a total residual
chlorine concentration of 0.1 ppm or less, pH -adjusted and
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 33
reoxygenated if necessary, and volumetrically and velocity
controlled to prevent resuspension of sediments in the MS4.
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
MS4.
Street and sidewalk wash water, water used to control dust, and
routine external building wash -down that does not use
detergents. The Secondary Permittee shall reduce these
discharges through, at a minimum, public education activities
and/or water conservation efforts conducted by the Secondary
Permittee and/or the local jurisdiction. To avoid washing
pollutants into the MS4, the Secondary Permittee shall
minimize the amount of street wash and dust control water
used.
• Other non-stormwater discharges shall be in compliance with
the requirements of a pollution prevention plan reviewed by the
Permittee which addresses control of such discharges.
iii. The Secondary Permittee shall address any category of discharges in
(ii) or (iii) above if the discharge is identified as a significant source
of pollutants to waters of the State.
Maintain a storm sewer system map showing the locations of all known
storm drain outfalls, labeling the receiving waters, other than ground
water, and delineating the areas contributing runoff to each outfall. Make
the map (or completed portions of the map) available on request to
Ecology and to the extent appropriate, to other Permittees. The preferred
format for mapping is an electronic format with fully described mapping
standards. An example description is provided on Ecology's websitc.1
d. Conduct field inspections and visually inspect for illicit discharges at all
known MS4 outfalls. Visually inspect at least one third (on average) of all
known outfalls each year beginning no later than two years from the initial
date of permit coverage. Implement procedures to identify and remove any
illicit discharges. Keep records of inspections and follow-up activities!
'New Secondary Permittees shall meet the requirements of S6.D.4.c no later than four and one-half years from the
initial date of permit coverage.
B New Secondary Permittees shall develop and implement procedures described in S6.D.3.d no later than two years
from the initial date of permit coverage.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 34
e. Implement a spill response plan that includes coordination with a qualified
spill responder.9
No later than two years from the initial date of permit coverage, provide
staff training or coordinate with existing training efforts to educate staff on
proper best management practices for preventing illicit discharges. Train
all Permittee staff who, as part of their normal job responsibilities, have a
role in preventing such illicit discharges.
4. Construction Site Stormwater Runoff Control
From the initial date of permit coverage, each Secondary Permittee shall:
a. Comply with all relevant ordinances, rules, and regulations of the local
jurisdiction(s) in which the Secondary Permittee is located that govern
construction phase stormwater pollution prevention measures.
b. Ensure that all construction projects under the functional control of the
Secondary Permittee which require a construction stormwater permit
obtain coverage under the NPDES General Permit for Stormwater
Discharges Associated with Construction Activities, or an individual
NPDES permit prior to discharging construction related stormwater.
C. Coordinate with the local jurisdiction regarding projects owned or
operated by other entities which discharge into the Secondary Permittee's
MS4, to assist the local jurisdiction with achieving compliance with all
relevant ordinances, rules, and regulations of the local jurisdiction(s).
d. Provide training or coordinate with existing training efforts to educate
relevant staff in erosion and sediment control BMPs and requirements, or
hire trained contractors to perform the work.
Coordinate as requested with Ecology or the local jurisdiction to provide
access for inspection of construction sites or other land disturbances,
which are under the functional control of the Secondary Permittee during
the land disturbing activities and/or construction period.
Post -Construction Stormwater Management for New Development and
Redevelopment
From the initial date of permit coverage, each Secondary Permittee shall:
a. Comply with all relevant ordinances, rules and regulations of the local
jurisdiction(s) in which the Secondary Permittee is located that govern
post -construction stormwater pollution prevention measures.
'New Secondary Permittees shall develop and implement a spill response plan as described in S6.D.3.e no later than
four and one-half years from the initial date of permit coverage.
Eastern Washington Phase HMunicipal Stormwater Permit August 1, 2014
Page 35
b. Coordinate with the local jurisdiction regarding projects owned or
operated by other entities which discharge into the Secondary Permittee's
MS4, to assist the local jurisdiction with achieving compliance with all
relevant ordinances, rules, and regulations of the local jurisdiction(s).
6. Pollution Prevention and Good Housekeeping for Municipal Operations
Each Secondary Permittee shall:
a. Implement a municipal operation and maintenance (O&M) plan to
minimize stormwater pollution from activities conducted by the Secondary
Permittee. The O&M Plan shall include appropriate pollution prevention
and good housekeeping procedures for all of the following operations,
activities, and/or types of facilities that are present within the Secondary
Permittee's boundaries and under the functional control of the Secondary
Permittee.lo
i. Stormwater collection and conveyance systems, including catch
basins, stormwater pipes, open channels, culverts, and stormwater
treatment and/or flow control BMPs and facilities. The O&M Plan
shall address, at a minimum: scheduled inspections and maintenance
activities, including cleaning and proper disposal of waste removed
from the system. Secondary Permittees shall properly maintain
stormwater collection and conveyance systems owned or operated by
the Secondary Permittee and regularly inspect and maintain all
stormwater facilities to ensure facility function.
Secondary Permittees shall establish maintenance standards that are
as protective or more protective of facility function than those
specified in Chapters 5, 6 and 8 of the 2004 Stormwater
Management Manual for Eastern Washington.
Secondary Permittees shall review their maintenance standards to
ensure they are consistent with the requirements of this section.
Secondary Permittees shall conduct spot checks of potentially
damaged permanent stormwater treatment and flow control facilities
following major storm events (24 hour storm event with a 10 year or
greater recurrence interval).
ii. Roads, highways, and parking lots. The O&M Plan shall address, but
is not limited to. deicing, anti -icing, and snow removal practices;
snow disposal areas; material (e.g. salt, sand, or other chemical)
storage areas; all -season BMPs to reduce road and parking lot debris
and other pollutants from entering the MS4.
10 New Secondary Permittees shall develop and implement the operation and maintenance plan described in
S6.D.6.a no later than three years from the initial date of permit coverage.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 36
iii. Vehicle fleets. The O&M Plan shall address, but is not limited to:
storage, washing, and maintenance of Secondary Permittee vehicle
fleets; and fueling facilities. Secondary Permittees shall conduct all
vehicle and equipment washing and maintenance in a self-contained
covered building or in designated wash and/or maintenance areas.
iv. External building maintenance. The O&M Plan shall address,
building exterior cleaning and maintenance including cleaning,
washing, painting; and maintenance and management of dumpsters;
and other maintenance activities.
V. Parks and open space. The O&M Plan shall address, but is not
limited to: proper application of fertilizer, pesticides, and herbicides;
sediment and erosion control; BMPs for landscape maintenance and
vegetation disposal; and trash and pet waste management.
vi. Material storage facilities and heavyequipment maintenance or
storage Yards. Secondary Permittees shall develop and implement a
Stormwater Pollution Prevention Plan to protect water quality at
each of these facilities owned or operated by the Secondary
Permittee and not covered under the General NPDES Permit for
Stormwater Discharges Associated with Industrial Activities or
under another NPDES permit that authorizes stormwater discharges
associated with the activity.
vii. Other facilities that would reasonably be expected to discharge
contaminated runoff. The O&M Plan shall address proper
stormwater pollution prevention practices for each facility.
b. From the initial date of permit coverage, Secondary Permittees shall also
have permit coverage for all facilities operated by the Secondary Permittee
that are required to be covered under the General NPDES Permit for
Stormwater Discharges Associated with Industrial Activities or another
NPDES permit that authorizes surface water discharges associated with
the activity.
C. The O&M Plan shall include sufficient documentation and records as
necessary to demonstrate compliance with the O&M Plan requirements in
S6.D.6.a.(i) through (vii) above.
d. No later than three years from the initial date of permit coverage,
Secondary Permittees shall implement a program designed to train all
employees whose construction, operations, or maintenance job functions
may impact stormwater quality. The training shall address:
L The importance of protecting water quality.
ii. The requirements of this Permit.
iii. Operation and maintenance requirements.
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
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iv. Inspection procedures.
V. Ways to perform their job activities to prevent or minimize impacts
to water quality.
vi. Procedures for reporting water quality concerns, including potential
illicit discharges, including spills.
S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS
The following requirements apply if an applicable TMDL is approved for stormwater
discharges from MS4s owned or operated by the Permittee. Applicable TMDLs are
TMDLs which have been approved by EPA on or before the issuance date of this permit, or
prior to the date that Ecology issues coverage, whichever is later.
A. For applicable TMDLs listed in Appendix 2, affected Permittees shall comply with
the specific requirements identified in Appendix 2. Each Permittee shall keep records
of all actions required by this permit that are relevant to applicable TMDLs within
their jurisdiction. The status of the TMDL implementation shall be included as part of
the annual report submitted to Ecology. Each annual report shall include a summary
of relevant SWMP and Appendix 2 activities conducted in the TMDL area to address
the applicable TMDL parameter(s).
B. For applicable TMDLs not listed in Appendix 2, compliance with this permit shall
constitute compliance with those TMDLs.
C. For TMDLs that are approved by EPA after this permit is issued, Ecology may
establish TMDL-related permit requirements through future permit modification if
Ecology determines implementation of actions, monitoring or reporting necessary to
demonstrate reasonable further progress toward achieving TMDL waste load
allocations, and other targets, are not occurring and shall be implemented during the
term of this permit or when this permit is reissued. Permittees are encouraged to
participate in development of TMDLs within their jurisdiction and to begin
implementation.
S8. MONITORING AND ASSESSMENT
A. All Permittees including Secondary Permittees shall provide, in each annual report, a
description of any stormwater monitoring or stormwater-related studies conducted by
the Permittee during the reporting period. If other stormwater monitoring or
stormwater-related studies were conducted on behalf of the Permittee during the
reporting period, or if stormwater-related investigations conducted by other entities
were reported to the Permittee during the reporting period, a brief description of the
type of information gathered or received shall be included in the annual report.
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
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Annual reporting of any monitoring, studies, or analyses conducted as part of S8.13
below must follow the requirements specified in the approved Quality Assurance
Project Plans (QAPPs).
B. Stormwater Management Program Effectiveness Studies. Each city and county
Permittee listed in S1.D.2.a.i and S1.D.2.a.ii shall collaborate with other Permittees to
select, propose, develop, and conduct Ecology -approved studies to assess, on a
regional or sub -regional basis, effectiveness of permit -required stormwater
management program activities and best management practices. Permittees shall:
1. Review the individual study ideas that were proposed in Permittees' annual
reports due March 31, 2010 and add new ideas for collaborative studies of
permit -required programmatic, operational, or structural best management
practices. For each study idea, discuss: what data are needed to evaluate the
effectiveness of the practice; how Permittees' stormwater management
programs might be improved based on the findings of a study; and potential
partnerships between Permittees whereby data can be collected efficiently and
effectively.
2. Rank the study ideas and compile a final list of twelve to fifteen study ideas for
Eastern Washington. For each of these twelve to fifteen study ideas, identify a
single Permittee as lead entity and also identify the sub -region or other grouping
of Permittees that will participate.
3. On or before June 30, 2016, submit the ranked list of twelve to fifteen study
ideas for Eastern Washington to Ecology. Include a brief summary of the data
collection that will be necessary to evaluate the effectiveness of the practice. For
each study idea, list the lead entity and the other Permittees that will participate.
4. Lead entities shall develop detailed study design proposals for a combined total
of no fewer than eight and no more than twelve of the top-ranked ideas. For
each study, describe the purpose, objectives, design, and methods; list the
Permittees that will participate, and their roles and responsibilities; describe
anticipated outcomes; identify methods to report the results; and describe
expected modifications to the Permittees' stormwater management programs.
5. On or before June 30, 2017, lead entities shall submit the detailed proposals to
Ecology in both electronic and paper form.
6. Lead entities shall submit a Quality Assurance Project Plan (QAPP) for each
study within six months of Ecology's written approval of each detailed
proposal. A combined total of no fewer than eight and no more than twelve
QAPPs shall be submitted from all lead entities. All QAPPs shall be submitted
in both electronic and paper form. If Ecology does not request changes or
provide written approval within 90 days of the QAPP submittal, the QAPP is
considered approved as submitted.
7. Lead entities of a minimum of four studies shall begin to implement each study
no later than six months following approval of the QAPP. Lead entities for the
Eastern Washington Phase HMunicipal Stormwater Permit—August 1, 2014
Page 39
remainder of the studies shall begin to implement each study no later than
fifteen months following approval of the QAPP.
8. For all studies, lead entities shall describe interim results and status of the study
in their annual reports throughout the duration of the study.
9. For all studies, lead entities and/or participating Permittees shall enter all
applicable data collected as part of conducting the study into Ecology's
Environmental Information Management (EIM) database before the end of the
water year in which it is collected, or within six months of collecting the
sample, whichever is later.
10. All participating Permittees shall report the final results of each study and
recommend future actions based on the findings. Reports and recommendations
shall be submitted to Ecology no later than six months after completion of the
study and by other means and timelines identified in the approved QAPPs.
C. Each city and county Permittee listed in S1.D.2.a.i and S1.D.2.a.ii shall provide, in
each annual report, a description of the Permittee's participation in Eastern
Washington Stormwater Management Program Effectiveness Studies planning
efforts, and related outcomes.
S9. REPORTING AND RECORDKEEPING
A. No later than March 31 of each year beginning in 2016, each Permittee shall submit
an annual report. The reporting period for the first annual report will be January 1,
2015 through December 31, 2015. The reporting period for all subsequent annual
reports will be the previous calendar year unless otherwise specified.
Permittees shall submit annual reports electronically using Ecology's WQWebDMR
program available on Ecology's website at
hiip://www.ecy.wa.gov/programs/wa/ermilL/paris/webdmr.html unless otherwise
directed by Ecology.
Permittees unable to submit electronically through Ecology's WQWebDMR must
contact Ecology to request a waiver and obtain instructions on how to submit an
annual report in an alternative format.
B. Each Permittee is required to keep all records related to this permit for at least five
years.
C. Each Permittee shall make all records related to this permit and the Permittee's
SWMP available to the public at reasonable times during business hours. The
Permittee will provide a copy of the most recent annual report to any individual or
entity, upon request.
1. A reasonable charge may be assessed by the Permittee for making photocopies
of records.
2. The Permittee may require reasonable advance notice of intent to review records
related to this permit.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
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D. Annual report for Cities, Towns and Counties
Each annual report shall include the following:
1. A copy of the Permittee's current Stormwater Management Program Plan
(SWMP Plan) as required by S5.A.2.
2. Submittal of the annual report form as provided by Ecology pursuant to S9.A,
describing the status of implementation of the requirements of this permit
during the reporting period.
3. Attachments to the annual report form including summaries, descriptions,
reports, and other information as required, or as applicable, to meet the
conditions of this permit during the reporting period. Refer to Appendix 3 for
annual report questions.
4. If applicable, notice that the MS4 is relying on another governmental entity to
satisfy any of the obligations under this permit.
5. Certification and signature pursuant to G19.D, and notification of any changes
to authorization pursuant to G19.C.
6. Permittees shall include with the annual report, notification of any annexations,
incorporations or jurisdictional boundary changes resulting in an increase or
decrease in the Permittee's geographic area of permit coverage during the
reporting period.
E. Annual report for Secondary Permittees
.Each annual report shall include the following:
1. Submittal of the annual report form as provided by Ecology pursuant to S9.A,
describing the status of implementation of the requirements of this permit
during the reporting period.
2. Attachments to the annual report form including summaries, descriptions,
reports, and other information as required, or as applicable, to meet the
conditions of this permit during the reporting period. Refer to Appendix 4 for
annual report questions.
3. Certification and signature pursuant to G19.D, and notification of any changes
to authorization pursuant to G19.C.
4. If applicable, notice that the MS4 is relying on another governmental entity to
satisfy any of the obligations under this permit.
5. Secondary Permittees shall include with the annual report notification of any
jurisdictional boundary changes resulting in an increase or decrease in the
Permittee's geographic area of permit coverage during the reporting period.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 41
GENERAL CONDITIONS
G1. DISCHARGE VIOLATIONS
All discharges and activities authorized by this permit shall be consistent with the terms
and conditions of this permit.
G2. PROPER OPERATION AND MAINTENANCE
The Permittee shall at all times properly operate and maintain all facilities and systems of
collection, treatment, and control (and related appurtenances) which are installed or used
by the Permittee for pollution control to achieve compliance with the terms and conditions
of this permit.
G3. NOTIFICATION OF DISCHARGE INCLUDING SPILLS
If a Permittee has knowledge of a discharge, including spills, into or from a MS4 which
could constitute a threat to human health, welfare, or the environment, the Permittee shall:
A. Take appropriate action to correct or minimize the threat to Duman health, welfare,
and/or the environment.
B. Notify the Ecology regional office and other appropriate spill response authorities
immediately but in no case later than within 24 hours of obtaining that knowledge.
The Ecology Central Regional Office 24-hour number is 509-575-2490, and for the
Eastern Regional Office the 24-hour number is 509-329-3400.
C. Immediately report spills or discharges of oils or hazardous substances to the Ecology
regional office and to the Washington Emergency Management Division, 1-800-258-
5990.
G4. BYPASS PROHIBITED
The intentional bypass of stormwater from all or any portion of a stormwater treatment
BMP whenever the design capacity of the treatment BMP is not exceeded, is prohibited
unless the following conditions are met:
A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property
damage; or (2) necessary to perform construction or maintenance -related activities
essential to meet the requirements of the Clean Water Act (CWA); and
B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment
facilities, retention of untreated stormwater, or maintenance during normal dry
periods.
"Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which would cause them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass.
Eastern Washington Phase II Municipal S'tormwater Permit August 1, 2014
Page 42
G5. RIGHT OF ENTRY
The Permittee shall allow an authorized representative of Ecology, upon the presentation of
credentials and such other documents as may be required by law at reasonable times:
A. To enter upon the Permittee's premises where a discharge is located or where any
records shall be kept under the terms and conditions of this permit;
B. To have access to, and copy at reasonable cost and at reasonable times, any records
that shall be kept under the terms of the permit;
C. To inspect at reasonable times any monitoring equipment or method of monitoring
required in the permit;
D. To inspect at reasonable times any collection, treatment, pollution management, or
discharge facilities; and
E. To sample at reasonable times any discharge of pollutants.
G6. DUTY TO MITIGATE
The Permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this permit which has a reasonable likelihood of adversely affecting human
health or the environment.
G7. PROPERTY RIGHTS
This permit does not convey any property rights of any sort, or any exclusive privilege.
G8. COMPLIANCE WITH OTHER LAWS AND STATUTES
Nothing in this permit will be construed as excusing the Permittee from compliance with
any other applicable federal, state, or local statutes, ordinances, or regulations.
G4. MONITORING
A. Representative Sampling: Samples and measurements taken to meet the requirements
of this permit shall be representative of the volume and nature of the monitored
discharge, including representative sampling of any unusual discharge or discharge
condition, including bypasses, upsets, and maintenance -related conditions affecting
effluent quality.
B. Records Retention: The Permittee shall retain records of all monitoring information,
including all calibration and maintenance records and all original recordings for
continuous monitoring instrumentation, copies of all reports required by this permit,
and records of all data used to complete the application for this permit, for a period of
at least five years. This period of retention shall be extended during the course of any
unresolved Iitigation regarding the discharge of pollutants by the Permittee or when
requested by Ecology. On request, monitoring data and analysis shall be provided to
Ecology.
Eastern Washington Phase 11 Municipal Stormwater Permit August 1, 2014
Page 43
C. Recording of Results: For each measurement or sample taken, the Permittee shall
record the following information: (1) the date, exact place and time of sampling; (2)
the individual who performed the sampling or measurement; (3) the dates the
analyses were performed; (4) who performed the analyses; (5) the analytical
techniques or methods used; and (6) the results of all analyses.
D. Test Procedures: All sampling and analytical methods used to meet the monitoring
requirements specified in this permit shall conform to the Guidelines Establishing
Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136, unless
otherwise specified in this permit or approved in writing by Ecology.
E. Flow Measurement: Appropriate flow measurement devices and methods consistent
with accepted scientific practices shall be selected and used to ensure the accuracy
and reliability of measurements of the volume of monitored discharges. The devices
shall be installed, calibrated, and maintained to ensure that the accuracy of the
measurements is consistent with the accepted industry standard for that type of
device. Frequency of calibration shall be in conformance with manufacturer's
recommendations or at a minimum frequency of at least one calibration per year.
Calibration records should be maintained for a minimum of three years.
F. Lab Accreditation: All monitoring data, except for flow, temperature, conductivity,
pH, total residual chlorine, and other exceptions approved by Ecology, shall be
prepared by a laboratory registered or accredited under the provisions of,
Accreditation of Environmental Laboratories, Chapter 173-50 WAC. Soils and
hazardous waste data are exempted from this requirement pending accreditation of
Iaboratories for analysis of these media by Ecology. Quick methods of field detection
of pollutants including nutrients, surfactants, salinity, and other. parameters are
exempted from this requirement when the purpose of the sampling is identification
and removal of a suspected illicit discharge.
G. Additional Monitoring: Ecology may establish specific monitoring requirements in
addition to those contained in this permit by permit modification.
G10. REMOVED SUBSTANCES
With the exception of decant from street waste vehicles, the Permittee shall not allow
collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of stormwater to be re -suspended or reintroduced to the
storm sewer system or to waters of the state. Decant from street waste vehicles resulting
from cleaning stormwater facilities may be reintroduced only when other practical means
are not available and only in accordance with the Street Waste Disposal Guidelines in
Appendix 6. Solids generated from maintenance of the MS4 may be reclaimed, recycled,
or reused when allowed by local codes and ordinances. Soils that are identified as
contaminated pursuant to Chapter 173-350 WAC shall be disposed at a qualified solid
waste disposal facility (see Appendix 6).
Eastern Washington Phase II Municipal Stormwater Permit — August I, 2014
Page 44
GIL SEVERABILITY
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit will
not be affected thereby.
G12. REVOCATION OF COVERAGE
The director may terminate coverage under this General Permit in accordance with Chapter
43.21B RCW and Chapter 173-226 WAC. Cases where coverage may be terminated
include, but are not limited to the following:
A. Violation of any term or condition of this General Permit;
B. Obtaining coverage under this General Permit by misrepresentation or failure to
disclose fully all relevant facts;
C. A change in any condition that requires either a temporary or permanent reduction or
elimination of the permitted discharge;
D. A determination that the permitted activity endangers human health or the
environment, or contributes significantly to water quality standards violations;
E. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090;
F. Nonpayment of permit fees assessed pursuant to RCW 90.48.465;
Revocation of coverage under this General Permit may be initiated by Ecology or
requested by any interested person.
G13. TRANSFER OF COVERAGE
The director may require any discharger authorized by this General Permit to apply for and
obtain an individual permit in accordance with Chapter 43.21B RCW and Chapter 173-226
WAC.
G14. GENERAL PERXHT MODIFICATION AND REVOCATION
This General Permit may be modified, revoked and reissued, or terminated in accordance
with the provisions of WAC 173-226-230. Grounds for modification, revocation and re -
issuance, or termination include, but are not limited to the following:
A. A change occurs in the technology or practices for control or abatement of pollutants
applicable to the category of dischargers covered under this General Permit;
B. Effluent limitation guidelines or standards are promulgated pursuant to the CWA or
chapter 90.48 RCW, for the category of dischargers covered under this General
Permit;
C. A water quality management plan containing requirements applicable to the category
of dischargers covered under this General Permit is approved;
Eastern Washington Phase If Municipal Stormwater Permit —August 1, 2014
Page 45
D. Information is obtained which indicates that cumulative effects on the environment
from dischargers covered under this General Permit are unacceptable; or
E. Changes made to State law reference this permit.
G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION
A Permittee who knows or has reason to believe that any activity has occurred or will occur
which would constitute cause for modification or revocation and re -issuance under
Condition G12, G14, or 40 CFR 122.62 shall report such plans, or such information, to
Ecology so that a decision can be made on whether action to modify, or revoke and reissue
this permit will be required. Ecology may then require submission of a new or amended
application. Submission of such application does not relieve the Permittee of the duty to
comply with this permit until it is modified or reissued.
G16. APPEALS
A. The terms and conditions of this General Permit, as they apply to the appropriate
class of dischargers, are subject to appeal within thirty days of issuance of this
general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226
WAC.
B. The terms and conditions of this General Permit, as they apply to an individual
discharger, can be appealed in accordance with Chapter 43.21B RCW within thirty
days of the effective date of coverage of that discharger. Consideration of an appeal
of general permit coverage of an individual discharger is limited to the general
permit's applicability or non -applicability to that individual discharger.
C. The appeal of general permit coverage of an individual discharger does not affect any
other dischargers covered under this General Permit. If the terms and conditions of
this general permit are found to be inapplicable to any individual discharger(s), the
matter will be remanded to Ecology for consideration of issuance of an individual
permit or permits.
D. Modifications of this permit can be appealed in accordance with Chapter 43.21B
RCW and Chapter 173-226 WAC.
G17. PENALTIES
40 CFR 122.41(a)(2) and (3), 40 CFR 122.410)(5), and 40 CFR 122.41(k)(2) are hereby
incorporated into this permit by reference.
G18. DUTY TO REAPPLY
The Permittee shall apply for permit renewal at least 180 days prior to the specified
expiration date of this permit.
G19. CERTIFICATION AND SIGNATURE
All formal submittals to Ecology shall be signed and certified.
Eastern Washington Phase H Municipal Stormwater Permit —August 1, 2014
Page 46
A. All permit applications shall be signed by either a principal executive officer or
ranking elected official.
B. All formal submittals required by this permit shall be signed by a person described
above or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
1. The authorization is made in writing by a person described above and submitted
to Ecology, and
2. The authorization specifies either an individual or a position having
responsibility for the overall development and implementation of the
stormwater management program. (A duly authorized representative may thus
be either a named individual or any individual occupying a named position.)
C. Changes to authorization. If an authorization under General Condition GI 9.B.2 is no
longer accurate because a different individual or position has responsibility for the
overall development and implementation of the stormwater management program, a
new authorization satisfying the requirements of General Condition G19.B.2 shall be
submitted to Ecology prior to or together with any reports, information, or
applications to be signed by an authorized representative.
D. Certification. Any person signing a formal submittal under this permit shall make the
following certification:
"I certify under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
Qualified Personnel properly gathered and evaluated the information submitted.
Based on my inquiry of the person or persons who manage the system or those
persons directly responsible for gathering information, the information submitted is,
to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for willful violations."
G20. NON-COMPLIANCE NOTIFICATION
In the event it is unable to comply with any of the terms and conditions of this permit, the
Permittee must:
A. Notify Ecology of the failure to comply with the permit terms and conditions in
writing within 30 days of becoming aware that the non-compliance has occurred.
The written notification must include all of the following:
A description of the non-compliance, including dates.
2. Beginning and ending dates of the non-compliance, and if the non-compliance
has not been corrected, the anticipated date of correction.
3. Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the non-
compliance.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 47
B. Take appropriate action to stop or correct the condition of non-compliance.
G21. UPSETS
Permittees shall meet the conditions of 40 CFR 122.41(n) regarding "Upsets." The
conditions are as follows:
A. Definition. "Upset" means an exceptional incident in which there is unintentional and
temporary noncompliance with technology-based permit effluent limitations because
of factors beyond the reasonable control of the Permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
B. Effect of an upset. An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology-based permit effluent limitations if the
requirements of paragraph (C) of this condition are met. Any determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, will not constitute final administrative action
subject to judicial review.
C. Conditions necessary for demonstration of upset. A Permittee who wishes to establish
the affirmative defense of upset shall demonstrate, through properly signed
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that the Permittee can identify the cause(s) of the upset;
2. The permitted facility was at the time being properly operated; and
3. The Permittee submitted notice of the upset as required in 40 CFR
122.41(l)(6)(ii)(B) (24-hour notice of noncompliance).
4. The Permittee complied with any remedial measures required under 40 CFR
122.41(d) (Duty to Mitigate).
D. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish
the occurrence of an upset has the burden of proof
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 48
DEFINITIONS AND ACRONYMS
"40 CFR" means Title 40 of the Code of Federal Regulations, which is the codification of the
general and permanent rules published in the Federal Register by the executive departments
and agencies of the federal government.
"ADT" means Average Daily Traffic.
"AKART" means All Known, Available, and Reasonable methods of prevention, control, and
Treatment. See also the State Water Pollution Control Act, sections 90.48.010 RCW and
90.48.520 RCW.
"All known, available, and reasonable methods of prevention, control, and treatment" refers to
the state Water Pollution Control Act, RCW 90.48.010 and 90.48.520.
"Applicable TMDL" means a TMDL which has been approved by EPA on or before the issuance
date of this permit, or prior to the date that Ecology issues coverage under this permit,
whichever is later..
"Average Daily Traffic" means the expected number of vehicles using a roadway. Projected
average daily traffic volumes are considered in designing a roadway or roadway
improvement. ADT volumes shall be estimated using "Trip Generation" published by the
Institute of Transportation Engineers or from a traffic study prepared by a professional
engineer or transportation specialist with expertise in traffic volume estimation. ADT
volumes shall be estimated for the design year or expected life of the project (the intent is for
treatment facilities to be added in the soonest period of disruptive construction). For project
sites with seasonal or varied use, evaluate the highest period of expected traffic impacts.
"Beneficial Uses" means uses of waters of the state, which include but are not limited to: use for
domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and
wildlife maintenance and enhancement, recreation, generation of electric power and
preservation of environmental and aesthetic values, and all other uses compatible with the
enjoyment of the public waters of the state.
"Best Manamment Practices" are the schedules of activities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices approved by Ecology
that, when used singly or in combination, prevent or reduce the release of pollutants and
other adverse impacts to waters of Washington State.
"BMP" means Best Management Practice.
"Bypass" means the diversion of stormwater from any portion of a stormwater treatment facility.
"Census urban area" means Urbanized Area.
"Certified Erosion and Sediment Control Lead" means an individual who is knowledgeable in
the principles and practices of erosion and sediment control. The CESCL shall have the
skills to assess: the site conditions and construction activities that could impact the quality of
stormwater; and the effectiveness of erosion and sediment control measures used to control
the quality of stormwater discharges. The CESCL shall have current certification through an
Eastern Washington Phase II Municipal Stormwater Permit —,4 ugust 1, 2014
Page 49
approved erosion and sediment control training program that meets the minimum training
standards established by Ecology (see BMP C 160 in the Stormwater Management Manual
for Eastern Washington (2004)).
"CESCL" means Certified Erosion and Sediment Control Lead.
"Circuit" means a portion of a MS4 discharging to a single point or serving a discrete area
determined by, traffic volumes, land use, topography, or the configuration of the MS4.
"Common plan of development or sale" means a site where multiple separate and distinct
construction activities may be taking place at different times on different schedules and/or by
different contractors, but still under a single plan. Examples include: 1) phased projects and
projects with multiple filings or lots, even if the separate phases or filings/lots will be
constructed under separate contract or by separate owners (e.g. a development where lots are
sold to separate builders); 2) a development plan that may be phased over multiple years, but
is still under a consistent plan for long-term development; and 3) projects in a contiguous
area that may be unrelated but still under the same contract, such as construction of a
building extension and a new parking lot at the same facility. If the project is part of a
common plan of development or sale, the disturbed area of the entire plan shall be used in
determining permit requirements.
"Component' or "Program Component' means an element of the Stormwater Management
Program listed in S5 Stormwater Management Program for Cities, Towns, and Counties or
S6 Stormwater Management Program for Secondary Permittees, S7 compliance with Total
Maximum Daily Load Requirements, or S8 Monitoring of this permit.
"Co -Permittee" means any owner or operator of a regulated small MS4 that is in a cooperative
agreement with at least one other applicant for coverage under this permit. A Co -Permittee
owns or operates a regulated small MS4 located within or in proximity to another regulated
MS4. A Co -Permittee is only responsible for complying with the conditions of this permit
relating to discharges from the MS4 the Co -Permittee owns or operates. See also 40 CFR
122.26(b)(1)
"CWA" means the federal Clean Water Act (formerly referred to as the Federal Water Pollution
Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500,
as amended in Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33
U.S.C. 1251 et. seq.
"Director" means the Director of the Washington State Department of Ecology, or an
authorized representative.
"Entity" means a governmental body or a public or private organization.
"EPA" means the U.S. Environmental Protection Agency
"Existing conditions" are the impervious surfaces, drainage systems, land cover, native
vegetation and soils that exist at a site prior to any changes associated with achieving the
proposed development conditions. Approved permits and engineering plans may be required.
If sites have impervious areas and drainage systems that were built without approved permits,
then the existing condition is defined as those that existed prior to the issue date of this
Eastern Washington Phase 11 Municipal Stormwater Permit — August 1, 2014
Page 50
Permit. Existing conditions may be verified by using aerial photography or other records.
Existing conditions are used for hydrologic analysis at the site unless a City or County
imposes other requirements.
"General Permit" means a permit which covers multiple dischargers of a point source category
within a designated geographical area, in lieu of individual permits being issued to each
discharger.
"Ground water" means water in a saturated zone or stratum beneath the surface of the land or
below a surface water body. Refer to chapter 173-200 WAC.
"Hazardous substance" means any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
"Heavy equipment maintenance or storage yard" means an uncovered area where any heavy
equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are
washed or maintained, or where at least five pieces of heavy equipment are stored on a long
term basis.
"High ADT Roadways and Parking Areas" are any road with ADT greater than 30,000 vehicles
per day; and parking areas with more than 100 trip ends per 1,000 SF of gross building area
or greater than 300 total trip ends are considered to be high -use traffic areas. Examples
include commercial buildings with a frequent turnover of customers and other visitors.
"High -Use Sites" generate high concentrations of oil due to high traffic turnover or the frequent
transfer of oil and/or other petroleum products. High -use sites are land uses where sufficient
quantities of free oil are likely to be present such that they can be effectively removed with
special treatment. A high -use site is any one of the following:
• A road intersection with expected ADT of 25,000 vehicles or more on the main
roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects
proposing primarily pedestrian or bicycle use improvements; or
• A commercial or industrial site with an expected trip end count equal to or greater than
100 vehicles per 1,000 square feet of gross building area (best professional judgment
should be used in comparing this criterion with the following criterion); or
• A customer or visitor parking lot with an expected trip end count equal to or greater
than 300 vehicles (best professional judgment should be used in comparing this
criterion with the preceding criterion); or
• Commercial on -street parking areas on streets with an expected total ADT count equal
to or greater than 7,500; or
• Fueling stations and facilities; or
• A commercial or industrial site subject to petroleum storage and transfer in excess of
1,500 gallons per year (not including locations where heating fuel is routinely delivered
to end users and the annual amount of heating oil used at the site is the sole basis for the
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 51
site meeting this definition; heating fuel handling and storage facilities are subject to
this definition); or
O A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25
or more diesel vehicles that are over 10 tons gross weight (trucks, buses, trains, heavy
equipment, etc.); or
• Maintenance and repair facilities for vehicles, aircraft, construction equipment, railroad
equipment or industrial machinery and equipment; or
• Outdoor areas where hydraulic equipment is stored; or
• Log storage and sorting yards and other sites subject to frequent use of forklifts and/or
other hydraulic equipment; or
• Railroad yards.
"Hvdroloaic modification of a wetland" means, for the purpose of stormwater management, that
the wetland will receive a greater total volume of surface runoff following the proposed
development than it receives in the current condition.
"Hyperchlorinated" means water that contains more than 10 mg/Liter chlorine.
"Illicit connection" means any infrastructure connection to the MS4 that is not intended,
permitted or used for collecting and conveying stormwater or non-stormwater discharges
allowed as specified in this permit (S5.13.3 and S6.D.3). Examples include sanitary sewer
connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected
directly to the MS4.
"Illicit discharge" means any discharge to a MS4 that is not composed entirely of storm water or
of non-stormwater discharges allowed as specified in this permit (S5.13.3 and S6.13.3).
LID means Low Impact Development.
"Low ADT Roadways and Parking Areas" are urban roads with ADT fewer than 7,500 vehicles
per day; rural roads and freeways with ADT less than 15,000 vehicles per day; and parking
areas with less than 40 trip ends per 1,000 SF of gross building area or fewer than 100 total
trip ends per day are considered to be low -use traffic areas. Examples include most
residential parking, and employee -only parking areas for small office parks or other
commercial buildings. Urban roads are located within designated Urban Growth
Management Areas; rural roads are located outside designated Urban Growth Management
Areas. Freeways, defined as fully controlled and partially controlled limited access
highways, may be located either inside or outside of Urban Growth Management Areas.
"Low Density Residential Land Use" means, for the purpose of permit section S8 Monitoring
and Assessment, one dwelling unit per 1 to 5 acres.
"Low Impact Development' means a stormwater and land use management strategy that strives
to mimic pre -disturbance hydrologic processes of infiltration, filtration, storage, evaporation
and transpiration by emphasizing conservation, use of on-site natural features, site planning,
and distributed stormwater management practices that are integrated into a project design.
Eastern Washington Phase HMunicipal Stormwater Permit—August 1, 2014
Page 52
"Material Storage Facilities" means an uncovered area where bulk materials (liquid, solid,
granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
"Maximum Extent Practicable" refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water
Act, which reads as follows: "Permits for discharges from municipal storm sewers shall
require controls to reduce the discharge of pollutants to the maximum extent practicable,
including management practices, control techniques, and system, design, and engineering
methods, and other such provisions as the Administrator or the State determines appropriate
for the control of such pollutants."
"MEP" means Maximum Extent Practicable.
"Moderate ADT Roadways and Parkin Areas" are urban roads with ADT between 7,500 and
30,000 vehicles per day; rural roads and freeways with ADT between 15,000 and 30,000
vehicles per day; and parking areas with between 40 and 100 trip ends per 1,000 SF of gross
building area or between 100 and 300 total trip ends per day are considered to be moderate -
use traffic areas. Examples include visitor parking for small to medium commercial buildings
with a limited number of daily customers. Urban roads are located within designated Urban
Growth Management Areas; rural roads are located outside designated Urban Growth
'_Management Areas. Freeways, defined as fully controlled and partially controlled limited
access highways, may be located either inside or outside of Urban Growth Management
Areas.
"Moderate -Use Sites" include moderate ADT roadways and parking areas (see definition above);
primary access points for high-density residential apartments; most intersections controlled
by traffic signals; and transit center bus stops. These sites are expected to generate sufficient
concentrations of metals that additional runoff treatment is needed to protect water quality in
non-exempt surface waters.
"MS4" means Municipal Separate Storm Sewer System.
"Municipal Separate Storm Sewer" means a conveyance, or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,
manmade channels, or storm drains):
(i) owned or operated by a state, city, town, borough, county, parish, district,
association, or other public body (created by or pursuant to State Law) having
jurisdiction over disposal of wastes, storm water, or other wastes, including
special districts under State Law such as a sewer district, flood control district or
drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal
organization, or a designated and approved management agency under section
208 of the CWA that discharges to waters of Washington State;
(ii) designed or used for collecting or conveying stormwater;
(iii) which is not a combined sewer; and
(iv) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40
CFR 122.2.
(v) which is defined as "large" or "medium" or "small" or otherwise designated by
Ecology pursuant to 40 CFR 122.26.
Eastern Washington Phase HMunicipal Stormwater Permit —August 1, 2014
Page 53
"National Pollutant Discharge Elimination System" means the national program for issuing,
modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of
the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state
from point sources. These permits are referred to as NPDES permits and, in Washington
State, are administered by the Washington State Department of Ecology.
"New development" is the conversion of previously undeveloped or pervious surfaces to
impervious surfaces and managed landscape areas not specifically exempt in the
"Exemptions" or "Partial Exemptions" sections of Appendix 1. Projects that add new lanes
on an existing roadway or otherwise expand the pavement edge are included in the definition
of new development because they create new impervious surfaces; these projects arc subject
to the thresholds and requirements for new development as set forth in Appendix 1.
"New Permittee" means a City, Town or County that is subject to the Eastern Washington Phase
II Municipal Stormwater General Permit and was not subject to the permit prior to August 1,
2014.
"New Secondary Permittee" means a Secondary Permittee that is covered under a municipal
stormwater general permit and was not covered by the permit prior to August 1, 2014.
"NOI" means Notice of Intent.
"Non -Pollutant Generating Impervious Surfaces" are considered to be insignificant sources of
pollutants in stormwater runoff. Roofs that are subject only to atmospheric deposition or
normal heating, ventilation, and air conditioning vents are considered NPGIS, unless the
roofing material is uncoated metal. The following may also be considered NPGIS: paved
bicycle pathways and pedestrian sidewalks that are separated from and not subject to
drainage from roads for motor vehicles, fenced fire lanes, infrequently used maintenance
access roads, and "in -slope" areas of roads. Sidewalks that are regularly treated with sand,
salt or other de-icing/anti-icing agents are not considered NPGIS.
"Notice of Intent" means an application or request for coverage under a General NPDES Permit
pursuant to WAC 173-226-200.
"NPDES" means National Pollutant Discharge Elimination System.
"NPGIS" means Non -Pollutant Generating Impervious Surfaces.
"Outfall" means point source as defined by 40 CFR 122.2 at the point where a discharge leaves
the MS4 and discharges to waters of the State. Outfall does not include pipes, tunnels, or
other conveyances which connect segments of the same stream or other surface waters and
are used to convey primarily surface waters (i.e. culverts).
"Permittee" unless otherwise noted, includes Co -Permittee, Secondary Permittee, and New
Secondary Permittee.
"PGIS" means Pollutant Generating Impervious Surfaces.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 54
"Physically interconnected" means that one MS4 is connected to another storm sewer system in
such a way that it allows for direct discharges to the second system. For example, the roads
with drainage systems and municipal streets of one entity are physically connected directly to
a storm sewer system belonging to another entity.
"Pollutant Generating Impervious Surfaces" are surfaces that are considered to be significant
sources of pollutants in stormwater runoff. Such surfaces include those that are subject to
vehicular use, industrial activities, or storage of erodible or leachable materials that receive
direct rainfall or run-on or blow-in of rainfall. Metal roofs are considered to be PGIS unless
coated with an inert, non -leachable material. Roofs that are subject to venting of indoor
pollutants from manufacturing, commercial or other operations or processes are also
considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly
used by motor vehicles. The following are considered regularly -used surfaces: roads,
unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways,
parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways.
"Proposed development conditions" are the impervious surfaces, drainage systems, land cover,
native vegetation and soils that are proposed to exist at the site at the completion of the
project (complete build -out). Also called "post -developed conditions."
" APP" means Quality Assurance Project Plan.
"Qualified Personnel" means someone who has had professional training in the aspects of
stormwater management for which they are responsible and are under the functional control
of the Permittee. Qualified Personnel may be staff members, contractors, and/or volunteers.
"Quality"Qualfty Assurance Project Plan' means a document that describes the objectives of an
environmental study and the procedures to be followed to achieve those objectives.
"RCW" means the Revised Code of Washington State.
"Redevelopment" is the replacement or improvement of impervious surfaces on a developed site.
The project proponent shall identify what Core Elements in Appendix 1 apply to all of the
new and replaced impervious surfaces created by the project. All new impervious surfaces
added during a redevelopment project are subject to the Core Elements in Appendix 1. The
requirements for redevelopment projects set forth in the Core Elements in Appendix 1 apply
to the impervious surfaces altered or replaced by a redevelopment project. Impervious
surface replacements defined as exempt activities in the "Exemptions" section of Appendix 1
and at other projects identified in the "Partial Exemptions" section of Appendix 1 have
reduced requirements.
"R�latory Threshold" refers to the one -acre size, including the exception noted below, of new
development and redevelopment projects that shall be regulated under this permit. The
threshold includes construction site activities and new development and redevelopment
projects that result in a land disturbance of equal to or greater than one acre and construction
activities and projects less than one acre that are part of a larger common plan of
development or sale. This threshold is a minimum requirement that may be exceeded by a
local jurisdiction.
Eastern Washington Phase 11 Municipal Stormwater Permit August 1, 2014
Page 55
"Replaced im ervious surfaces" means, for structures, the removal and replacement of any
exterior impervious surfaces or foundation; or, for other impervious surfaces, the removal
down to bare soil, or base course, and replacement. Exemptions and partial exemptions are
defined in Appendix 1 of this permit.
"Runoff' is water that travels across the land surface, or laterally through the ground near the
land surface, and discharges to water bodies either directly or through a collection and
conveyance system. See also "Stormwater."
"Rural roads" are roads located outside designated Urban Growth Management Areas.
"Secondary Permittee" is an operator of a MS4 that is not a city, town or county. Secondary
Permittees include special purpose districts and other public entities that meet the criteria in
S 1.13.
"Shared water bodies" means water bodies, including downstream segments, lakes and estuaries
that receive discharges from more than one Permittee.
"Short Duration Storm" means the 3-hour duration design storm distribution, described in
Chapter 4.2.1 of the Stormwater Management Manual for Eastern Washington (2004), which
represents the short durations, high intensities, and smaller volumes that characterize summer
thunderstorms in eastern Washington.
"Significant contributor" means a discharge that contributes a Ioading of pollutants considered to
be sufficient to cause or exacerbate the deterioration of receiving water quality or instream
habitat conditions.
Small Municipal Separate Storm Sewer System" or "Small MS4" is a conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, and/or storm drains which is not defined as a "large" or
"medium" MS4 pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26
(a)(1)(v).
"Stormwater" means runoff during and following precipitation and snowmelt events, including
surface runoff, drainage or interflow.
"Stormwater Associated with Industrial and Construction Activity" means the discharge from
any conveyance used for collecting and conveying stormwater directly related to
manufacturing, processing or raw materials storage areas at an industrial plant, or associated
with clearing, grading and/or excavation, and required to have an NPDES permit in
accordance with 40 CFR 122.26.
"Stormwater Management Manual for Eastern Washington" means the technical manual
(Publication No. 04-10-076) published by the Department of Ecology in September 2004.
"Stormwater Manaizement Program" means a set of actions and activities designed to reduce the
discharge of pollutants from the MS4 to the MEP and to protect water quality, and
comprising the components listed in S5 or S6 of this permit and any additional actions
necessary to meet the requirements of applicable TMDLs pursuant to S7 Compliance with
TMDL Requirements and S8 Monitoring and Assessment.
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 56
"S WMMEW" means the Stormwater Management Manual far Eastern Washington (2004).
"SWMP" means Stormwater Management Program.
"SWMP Plan" means Stormwater Management Program PIan.
"TMDL" means Total Maximum Daily Load.
"TMDL waste load allocation" means the allowable load of a single pollutant from a single
contributing point source.
"Total Maximum Daily Load" means a water cleanup plan. A TMDL is a calculation of the
maximum amount of a pollutant that a water body can receive and still meet water quality
standards, and an allocation of that amount to the pollutant's sources. A TMDL is the sum of
the allowable loads of a single pollutant from all contributing point and nonpoint sources.
The calculation shall include a margin of safety to ensure that the water body can be used for
the purposes the state has designated. The calculation shall also account for seasonable
variation in water quality. Water quality standards are set by states, territories, and tribes.
They identify the uses for each water body, for example, drinking water supply, contact
recreation (swimming), and aquatic life support (fishing), and the scientific criteria to support
that use. The Clean Water Act, section 303, establishes the water quality standards and
TMDL programs.
"Trip Ends" means the expected number of vehicles using a parking area. Projected trip end
counts for a parking area are associated with the proposed land use. Trip end counts shall be
estimated using "Trip Generation" published by the Institute of Transportation Engineers or
from a traffic study prepared by a professional engineer or transportation specialist with
expertise in traffic volume estimation. Trip end counts shall be made for the design year or
expected life of the project (the intent is for treatment facilities to be added in the soonest
period of disruptive construction). For project sites with seasonal or varied use, evaluate the
highest period of expected traffic impacts.
"UA" means Urbanized Area.
"Urban Growth Area" means the designated area within which urban growth shall be encouraged
and outside of which growth can occur only if it is not urban in nature, as defined at chapter
36.70A.I 10 RCW (Growth Management Act).
"Urbanized Area" is a federally -designated land area comprising one or more places and the
adjacent densely settled surrounding area that together have a residential population of at
least 50,000 and an overall population density of at least 1,000 people per square mile.
Urbanized Areas are designated by the U.S. Census Bureau based on the most recent
decennial census.
"Urban roads" are roads located within designated Urban Growth Areas. Partially controlled
limited access highways located inside of Urban Growth Management Areas are considered
urban roads. Freeways, as defined above, are not considered urban roads for the purpose of
applying the Core Elements in Appendix 1.
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 57
"Waters of the state" includes those waters as defined as "waters of the United States" in 40 CFR
122.2 within the geographic boundaries of Washington State and "waters of the state" as
defined in Chapter 90.48 RCW which includes: lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters and all other surface waters and water courses within the
jurisdiction of the State of Washington.
"Waters of the United States" is as defined in 40 CFR 122.2.
"Water quality standards" means Surface Water Quality Standards, Chapter 173-201A WAC;
Ground Water Quality Standards, Chapter 173-200 WAC; and Sediment Management
Standards, Chapter 173-204 WAC.
Eastern Washington Phase II Municipal Stormwater Permit August 1, 2014
Page 58
Eastern Washington Phase 11 Municipal S1ornm,aier Permit
APPENDIX I — Minimum Technical Requirements for
Stormwater Management at New
Development and Redevelopment Sites
Local jurisdictions are required to adapt these Minimum Technical Requirements, and/or more
stringent requirements, into local ordinances or other regulatory mechanisms no later than three
years after the effective date of this permit as part of their Stormwater Management Programs to
control construction and post -construction stormwater runoff. Projects proposed by the Iocal
jurisdiction's own departments and agencies must comply with these requirements.
This Appendix is adapted from Chapter 2 of the Stormwater Management Manual for Eastern
Washington (2004), including corrections and clarifications posted to the Department's website
on or before February 15, 2006, and the Construction Stormwater General Permit issued by the
Department on November 16, 2005.
Exemptions
The following practices are exempted from the Minimum Technical Requirements:
Forest Practices:
Forest practices regulated under Title 222 WAC are exempt. Conversions of forest lands to other
uses are not exempt.
Commercial Agriculture:
Commercial agriculture practices involving working the land for production are generally
exempt. However, the construction of impervious surfaces is not exempt.
Oil and Gas Field Activities or Operations:
Construction of drilling sites, waste management pits, and access roads, as well as construction
of transportation and treatment infrastructure such as pipelines natural gas treatment plants,
natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators
are encouraged to implement and maintain Best Management Practices to minimize erosion and
control sediment during and after construction activities to help ensure protection of surface
water quality during storm events.
Road and Parking Area Preservation/Maintenance:
The following road and parking area maintenance practices are exempt (see also Partial
Exemptions below):
• Pothole and square cut patching;
Crack sealing;
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit — August 1, 2014
Page 1
EasteM rirashinglon Phase H Municipal ,9ol'l'1114'aler Perm it
• Resurfacing with in-kind material without expanding the road prism;
• Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST
or "chip seal"), asphalt or concrete without expanding the area of coverage;
• Shoulder grading;
• Reshaping/regrading drainage systems; and
• Vegetation maintenance.
Partial Exemptions
The following practices are generally exempted from all of the Minimum Technical
Requirements except for Core Element #1 Preparation ofa Stormwater Site Plan and Core
Element #2 Construction Stormwater Pollution Prevention:
Underground Utility Projects:
Underground utility projects that replace the ground surface with in-kind material or materials
with similar runoff characteristics are subject only to Core Element #1 Preparation of a
Stormwater Site Plan and Core Element #2 Construction Stormwater Pollution Prevention.
Road and Parking Area Preservation/Maintenance:
A preservation or maintenance project is defined as preserving/protecting infrastructure by
rehabilitating or replacing existing structures to maintain operational and structural integrity, and
for the safe and efficient operation of the facility. Maintenance projects do not increase the
traffic capacity of a roadway or parking area. The following practices are subject only to Core
Element #1 Preparation of a Stormwater Site Plan and Core Element #2 Construction
Stormwater Pollution Prevention:
• Removing and replacing a concrete or asphalt roadway to base course or subgrade or lower
without expanding or improving the impervious surfaces.
Repairing the roadway base or subgrade.
Overlaying existing gravel with bituminous surface treatment (BST or "chip seal") or
asphalt or concrete without expanding the area of coverage, or overlaying BST with
asphalt, without expanding the area of coverage. For this type of project, partial exemption
applies only under the following conditions:
o For roads, these practices are exempt from additional Core Elements oAif the traffic
surface will be subject to an average daily traffic volume of less than 7,500 on an
urban road or an average daily traffic volume of less than 15,000 vehicles on a rural
road, freeway, or limited access control highway. If these thresholds are exceeded,
refer to the Redevelopment section above to determine which Core EIements apply.
Appendix I- Minimum Technical Requirements
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 2
Eastern Kashington Phase 11 A*tnicipal Stornnvater Permit
o For parking areas, these practices are exempt from additional Core Elements only if
the traffic surface will be subject to less than 40 trip ends per 1,000 square feet of
building area or 100 total trip ends. If these thresholds are exceeded, refer to the
Redevelopment section above to determine which Core Elements apply.
Safety Improvement Projects:
Projects to improve motorized and/or non -motorized user safety that do not enhance the traffic
capacity of a roadway are subject only to Core Element #1 Preparation of a Stormwater Site
Plan and Core Element #2 Construction Stormwater Pollution Prevention except as specified
under sub -item (a) under conditions for applying Core Element #5 Runoff Treatment in the
Redevelopment section above. Certain safety improvement projects such as sidewalks, bike
lanes, bus pullouts and other transit improvements must be evaluated on a case-by-case basis to
determine whether additional Core Elements apply. A safety project that enhances the traffic
carrying capacity of a roadway is not exempt from other Core Elements. Local governments
shall keep records of all projects granted exemptions to the Core Elements.
Local EzceptionsNariances
Requirements:
Exceptions to the Core Elements may be granted by the Permittee prior to project approval and
construction. The Permittee may grant an exception following an application for an exception
with legal public notice per the Permittee's guidance and requirements for exceptions and
variances. The Permittee's decision should include a written finding of fact.
The Permittee may grant an exception to the Core Elements if such application imposes a severe
and unexpected economic hardship. To determine whether the application imposes a severe and
unexpected economic hardship on the project applicant, the Permittee must consider and
document with written findings of fact the following:
The current (pre -project) use of the site, and
How the application of the minimum requirement(s) restricts the proposed use of the site
compared to the restrictions that existed prior to the adoption of the minimum
requirements; and
• The possible remaining uses of the site if the exception were not granted; and
• The uses of the site that would have been allowed prior to the adoption of the minimum
requirements; and
• A comparison of the estimated amount and percentage of value loss as a result of the
minimum requirements versus the estimated amount and percentage of value loss as a
result of requirements that existed prior to adoption of the minimum requirements; and
• The feasibility for the owner to alter the project to apply the minimum requirements.
In addition any exception must meet the following criteria:
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 3
Eastern Washington Phase 11 Altunicipal Stormwater Permit
• The exception will not increase risk to the public health and welfare, nor injurious to other
properties in the vicinity and/or downstream, and to the quality of waters of the state; and
• The exception is the least possible exception that could be granted to comply with the
intent of the Minimum Requirements.
If the Permittee chooses to allow jurisdiction -wide exceptions or variances to the requirements of
the Manual, those exceptions must be approved by the Department. Permittees shall keep
records of all local exceptions/variances to the Core EIements, pursuant to section S9 Reporting
and Record Keeping Requirements of this Permit. Project -specific design deviations based on
site-specific conditions generally do not require approval of the Department and are left to the
discretion of the Permittee.
Core Element #1: Preparation of a Stormwater Site Plan
Reauirements
All new development and redevelopment projects that meet the regulatory threshold and are
subject to the Minimum Technical Requirements shall complete a Stormwater Site Plan (SSP)
prepared in accordance with Chapter 3 of the Stormwater Management Manual for Eastern
Washington (2004).
Core Element #2: Construction Stormwater Pollution Prevention
Local jurisdictions may choose to allow projects to comply with Core Element #2 for an
individual site by documenting coverage under the Department of Ecology's General NPDES
Permit for Stormwater Discharges Associated with Construction Activities and fully
implementing the Construction Stormwater Pollution Prevention Plan elements as required by
that permit. Permittees remain responsible for site inspection and enforcement of the
requirements, to ensure that construction operators follow their SWPPPs in accordance with
local jurisdiction regulations. Local jurisdictions may choose to allow site operators to apply an
"Erosivity Waiver" to projects disturbing less than five acres that meet the requirements at the
end of this section; such projects would be waived from the requirement that the jurisdiction
review site plans for construction phase stormwater pollution prevention.
Reauirements
All new development and redevelopment projects are responsible for preventing erosion and
discharge of sediment and other pollutants into receiving waters. Projects meeting the
regulatory threshold and not qualifying for an Erosivity Waiver, as described at the end of this
section, if allowed by the local jurisdiction, shall prepare a Stormwater Pollution Prevention Plan
(SWPPP) for construction activity. The SWPPP shall be implemented beginning with initial soil
disturbance and until final stabilization.
Stormwater BMPs shall be consistent with the Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater manual approved by the Department.
Appendix I- Minimum Technical Requirements
Eastern Washington Phase H Municipal Stormwater Permit —August 1, 2014
Page 4
Euslern Washinglon Phuse 11 Municipal Slorinivater Permit
Construction Stormwater Pollution Prevention Plan SWPPP Elements: The construction site
operator shall include each of the twelve elements below in the narrative of the SWPPP and
ensure that they are implemented unless site conditions render the element unnecessary and the
exemption from that element is clearly justified in the SWPPP.
Preserve Vegetation/Mark Clearing Limits:
a. Prior to beginning land disturbing activities, including clearing and grading, clearly
mark all clearing limits, sensitive areas and their buffers, and trees that are to be
preserved within the construction area.
b. The duff layer, native top soil, and natural vegetation shall be retained in an
undisturbed state to the maximum degree practicable.
2. Establish Construction Access:
a. Construction vehicle access and exit shall be limited to one route, if possible.
b. Access points shall be stabilized with quarry spalls, crushed rock or other equivalent
BMP to minimize the tracking of sediment onto public roads.
Wheel wash or tire baths shall be located on site, if the stabilized constructions
entrance is not effective in preventing sediment from being tracked onto public roads.
d. If sediment is tracked off site, roads shall be cleaned thoroughly at the end of each
day, or more frequently during wet weather. Sediment shall be removed from roads
by shoveling or pickup sweeping and shall be transported to a controlled sediment
disposal area.
e. Street washing is allowed only after sediment is removed in accordance with 2.d,
above. Street wash wastewater shall be controlled by pumping back on site or
otherwise be prevented from discharging into systems tributary to waters of the state.
Control Flow Rates:
a. Properties and waterways downstream from development sites shall be protected
from erosion due to increases in the velocity and peak volumetric flow rate of
stormwater runoff from the project site, as required by the local jurisdiction.
b. Where necessary to comply with 3.a, above, stormwater retention or detention
facilities shall be constructed as one of the first steps in grading. Detention facilities
shall be functional prior to construction of site improvements (e.g., impervious
surfaces).
C. If permanent infiltration ponds are used for flow control during construction, these
facilities should be protected from siltation during the construction phase.
4. Install Sediment Controls:
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase H Municipal Stormwater Permit — August 1, 2014
Page 5
Easlern Washington Phase 11 MunicipalSlornm,oier Permil
a. Stormwater runoff from disturbed areas shall pass through a sediment pond, or other
appropriate sediment removal BMP, prior to leaving a construction site or prior to
discharge to an infiltration facility. Runoff from fully stabilized areas may be
discharged without a sediment removal BMP, but shall meet the flow control
performance standard of 3.a, above.
5. Sediment control BMPs (sediment ponds, traps, filters, etc.) shall be constructed as one of
the first steps in grading. These BMPs shall be functional before other land disturbing
activities take place. BMPs intended to trap sediment on site shall be located in a manner to
avoid interference with the movement of juvenile salmonids attempting to enter off -channel
areas or drainages.
6. Stabilize Soils:
a. Exposed and unworked soils shall be stabilized by application of effective BMPs that
prevent erosion.
b. No soils shall remain exposed and unworked for more than the time periods set forth
below:
At sites with mean annual precipitation greater than or equal to 12 inches:
0 10 days during the dry season (July 1 through September 30)
0 5 days during the wet season (October 1 through June 30)
At sites with mean annual precipitation less than 12 inches:
0 30 days during the dry season (July 1 through September 30)
0 15 days during the wet season (October 1 through June 30)
The time period(s) may be adjusted by a local jurisdiction, if the jurisdiction can
show that local precipitation data justify a different standard.
C. Soils shall be stabilized at the end of the shift before a holiday or weekend if needed
based on the weather forecast.
d. Soil stockpiles must be stabilized from erosion, protected with sediment trapping
measures, and where possible, be located away from storm drain inlets, waterways
and drainage channels.
7. Protect Slopes:
a. Design and construct cut and fill slopes in a manner that will minimize erosion.
b. Off-site stormwater (run-on) or groundwater shall be diverted away from slopes and
undisturbed areas with interceptor dikes, pipes and/or swales. Off-site stormwater
should be managed separately from stormwater generated on the site.
Appendix I- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 6
Eastern lfashinglon Phase 11 MlWicipal Scor-r►7ivaler Permil
At the top of slopes, collect drainage in pipe slope drains or protected channels
to prevent erosion. Temporary pipe slope drains shall handle the expected peak
flow velocity from a 6 -month, short duration storm for the developed condition.
C. Excavated material shall be placed on the uphill side of trenches, consistent with
safety and space considerations.
d. Check dams shall be placed at regular intervals within constructed channels that are
cut down a slope.
8. Protect Drain Inlets:
a. Storm drain inlets made operable during construction shall be protected so that
stormwater runoff does not enter the conveyance system without first being filtered or
treated to remove sediment.
b. Inlet protection devices shall be cleaned or removed and replaced when sediment has
filled one-third of the available storage (unless a different standard is specified by the
product manufacturer).
9. Stabilize Channels and Outlets:
All temporary on-site conveyance channels shall be designed, constructed, and
stabilized to prevent erosion from the following expected peak flows. Channels
shall handle the expected peak flow velocity of the 6 -month, short duration
storm for the developed condition.
a. Stabilization, including armoring material, adequate to prevent erosion of outlets,
adjacent stream banks, slopes, and downstream reaches shall be provided at the
outlets of all conveyance systems.
10. Control Pollutants:
a. All pollutants, including waste materials and demolition debris, that occur onsite shall
be handled and disposed of in a manner that does not cause contamination of
stormwater.
b. Cover, containment, and protection from vandalism shall be provided for all
chemicals, liquid products, petroleum products, and other materials that have the
potential to pose a threat to human health or the environment. On-site fueling tanks
shall include secondary containment.
C. Maintenance, fueling and repair of heavy equipment and vehicles shall be conducted
using spill prevention and control measures. Contaminated surfaces shall be cleaned
immediately following any spill incident.
d. Wheel wash or tire bath wastewater shall be discharged to a separate on-site treatment
system or to the sanitary sewer with local sewer district approval.
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit -- August 1, 2014
Page 7
Eastern Jf ashington Phase 11 Munieipal Stornm,ater Permit
e. Application of fertilizers and pesticides shall be conducted in a manner and at
application rates that will not result in loss of chemical to stormwater runoff.
Manufacturers' label requirements for application rates and procedures shall be
followed.
£ BMPs shall be used to prevent or treat contamination of stormwater runoff by pH
modifying sources. These sources include, but are not limited to: bulk cement,
cement kiln dust, fly ash, new concrete washing and curing waters, waste streams
generated from concrete grinding and sawing, exposed aggregate processes,
dewatering concrete vaults, concrete pumping and mixer washout waters. The
Permittee shall require construction site operators to adjust the pH of stormwater if
necessary to prevent violations of water quality standards.
g. The Permittee shall require construction site operators obtain written approval from
the Department prior to using chemical treatment other than CO2 or dry ice to adjust
pH.
11. Control De -Watering:
a. Foundation, vault, and trench de -watering water, which have similar characteristics to
stormwater runoff at the site, shall be discharged into a controlled conveyance system
prior to discharge to a sediment trap or sediment pond.
b. Clean, non -turbid de -watering water, such as well -point ground water, can be
discharged to systems tributary to, or directly into surface waters of the state, as
specified above in #8 Stabilize Channels and Outlets, provided the de -watering flow
does not cause erosion or flooding of receiving waters. Clean de -watering water
should not be routed through stormwater sediment ponds.
C. Other de -watering disposal options may include: (i) infiltration; (ii) transport offsite
in vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not
pollute state waters; (iii) On-site chemical treatment or other suitable treatment
technologies approved by the local jurisdiction; (iv) sanitary sewer discharge with
local sewer district approval, if there is no other option; or (v) use of a sedimentation
bag with outfall to a ditch or swale for small volumes of localized de -watering.
d. Highly turbid or contaminated dewatering water shall be handled separately from
stormwater.
12. Maintain BMPs:
a. All temporary and permanent erosion and sediment control BMPs shall be maintained
and repaired as needed to assure continued performance of their intended function in
accordance with BMP specifications.
b. All temporary erosion and sediment control BMPs shall be removed within 30 days
after final site stabilization is achieved or after the temporary BMPs are no longer
needed.
Appendix ]-Minimum Technical Requirements
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 8
Eastern ifi,'ashinglon Phase II Alunicipal ,%rMlVaier{ Permit
13. Manage the Project:
a. Development projects shall be phased to the maximum degree practicable and shall
take into account seasonal work limitations.
b. The Local Jurisdiction must require construction site operators to maintain, and repair
as needed, all sediment and erosion control BMPs to assure continued performance of
their intended function.
C. The Local Jurisdiction must require construction site operators to periodically inspect
their sites. Site inspections shall be conducted by a Certified Erosion and Sediment
Control Lead who shall be identified in the SWPPP and shall be present on-site or on-
call at all times.
d. The Local Jurisdiction must require construction site operators to maintain, update
and implement their SWPPP. Local Jurisdictions shall require construction site
operators to modify their SWPPP whenever there is a change in design, construction,
operation, or maintenance at the construction site that has, or could have, a significant
effect on the discharge of pollutants to waters of the state.
Erosivity Waiver
The local jurisdiction may allow construction site operators to qualify for a waiver from the
requirement to submit a SWPPP for local jurisdiction review if the following conditions are met:
1. The site will result in the disturbance of less than 5 acres; and the site is not a portion of a
common plan of development or sale that will disturb 5 acres or greater; and
a. The project's rainfall erosivity factor ("R" Factor) is less than 5 during the period of
construction activity, as calculated using the Texas A&M University online rainfall
erosivity calculator at:. The period of construction activity begins at initial earth
disturbance and ends with final stabilization; and
b. The entire period of construction activity falls within the following timeframe(s):
• June 15 through October 15 for sites with mean annual precipitation of 12 inches
or more; or
No additional timeframe restrictions apply for sites with mean annual
precipitation of less than 12 inches; and
2. The site or facility has not been declared a significant contributor of pollutants; and
3. There are no planned construction activities at the site that will result in non-stormwater
discharges; and
The waiver is allowed by the local jurisdiction; and
4. The construction site operator notifies the local jurisdiction of the intention to apply this
waiver at least one week prior to commencing land disturbing activities. The notification
Appendix I- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August I, 2014
Page 9
Easlern Washington Phase 11 Alunicipal Stormicater Permit
must include a summary of the project information used in calculating the project's rainfall
erosivity factor (see #2 above) and a certified statement that:
• The operator will comply with applicable local stormwater requirements; and
• The operator will implement appropriate erosion and sediment control BMPs to
prevent violations of water quality standards.
Core Element #3: Source Control of Pollution
Reauirements
All new development and redevelopment projects meeting the regulatory threshold shall apply
all known, available and reasonable source control BMPs. Operational and structural source
control BMPs shall be selected, designed, and maintained according to Chapter 8 of the
Stormwater Management Manual for Eastern Washington (2004) or another technical
stormwater manual approved by the Department.
Core Element #4: Preservation of Natural Drainage Systems
Reouirements
All new development and redevelopment projects meeting the regulatory threshold must
preserve natural drainage systems to the extent possible at the site.
The manner by which runoff is discharged from the project site must not cause a significant
adverse impact to downstream receiving waters and down -gradient properties and should be
addressed as part of the off-site analysis described in Appendix 3A of the Stormwater
Management Manual for Eastern Washington (2004).
All outfalls must address energy dissipation as necessary. A project proponent who believes that
energy dissipation should not be required for a new outfall must provide justification in the
project's stormwater site plan or drainage study report.
Core Element #5: Runoff Treatment
Ren uirements
Runoff treatment is required for projects meeting the regulatory threshold when the technical
thresholds/requirements below for Basic Treatment, Metals Treatment, Oil Treatment, or
Phosphorus Treatment are met. Treatment facilities shall be selected, designed, sized,
constructed, operated and maintained in accordance with this Core Element and the guidance in
Chapters 4 and 5 of the Stormwater Management Manual for Eastern Washington (2004), or
another technical stormwater manual approved by the Department.
All Permittees must require runoff treatment facilities to be sized for the applicable design
storm(s) described in this section: each jurisdiction must identify a preferred method or methods
for sizing treatment facilities or provide alternative guidance. All runoff treatment facilities must
be sized for the entire flow that is directed to them.
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 10
Eastern Washington Phase H Municipal Slorinii afer Permit
When Core Element #5 Runoff Treatment is required, Core Element #7 Operation and
Maintenance also is required.
Basic Treatment
Basic runoff treatment (to remove solids) is required for all new development projects creating
5,000 square feet or more of pollutant -generating impervious surface (PGIS) areas. Treatment
is required for discharges to all surface waters of the state, including perennial and seasonal
streams, lakes and wetlands where the PGIS threshold is met. Runoff treatment is also required
for discharges of stormwater to ground where the vadose zone does not provide adequate
treatment capacity (see Chapter 5.6 the Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater manual approved by the Department).
Basic runoff treatment is required for redevelopment projects creating 5,000 square feet or more
of PGIS where:
• The project takes place at an industrial site as defined by EPA (40 CFR 122.26(b)(14)) with
outdoor handling, processing, storage, or transfer of solid raw materials or finished
products, or
• The project takes place at a commercial site with outdoor storage or transfer of solid raw
materials or treated wood products, or
• A need for additional stormwater control measures has been identified through a TMDL or
other water cleanup plan or other planning process, or
• The project takes place at a high -use site, or
• The project takes place in an area subject to vehicular traffic under any of the following
conditions:
o The project improves a soft shoulder to a curb and gutter roadway with projected
average daily traffic (ADT) of 7,500 or more vehicles.
o The project replaces and/or improves the surface of a parking area where the
projected number of trip ends exceeds 40 per 1,000 square feet of building area or
100 total trip ends per day.
o The project replaces and/or improves the surface of an urban road where the
projected ADT is 7,500 or more vehicles per day.
o The project replaces and/or improves the surface of a freeway or rural road where
the projected ADT is 15,000 or more vehicles per day.
o The project affects the area within 500 feet of a controlled intersection on a limited
access control highway with projected ADT of 7,500 or more vehicles per day. Only
this area must be treated.
Exceptions: Non -pollutant generating impervious surface (NPGIS) areas are exempt from
basic treatment requirements unless the runoff from these areas is not separated from the runoff
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August I, 2014
Page 11
Eastern Washington Phase U Municipal Stornni ater Permit
generated from PGIS areas. All runoff treatment facilities must be sized for the entire flow that
is directed to them.
Projects that meet the requirements for dispersal and infiltration (see Chapter 6 of the
Stormwater Management Manual for Eastern Washington (2004), particularly BMP T5.30) and
do not meet the thresholds for requiring oil treatment are exempt from basic treatment
requirements. Discharges to surface water from projects with a total PGIS area <5,000 square
feet are exempt from basic treatment requirements unless those areas are subject to the storage
or handling of hazardous substances, materials or wastes as defined in 49 CFR 171.8, RCW
70.105.010, and/or RCW 70.136.020.
Preservation/maintenance projects and some improvement or safety enhancement projects that
do not increase motorized vehicular capacities as defined in the sections `Exemptions" and
"Partial Exemptions" above are exempt from Basic Treatment Requirements.
Certain exemptions may exist for Category 4 wetlands (see the section "Use of Existing
Wetlands to Provide Runoff Treatment" at the end of this Core Element).
Any of these exemptions may be negated by requirements set forth in a Total Maximum Daily
Load (TMDL) or other water cleanup plan.
Metals Treatment
Metals treatment is required in addition to basic treatment for new development projects with
moderate -use sites, high -use sites, and sites that meet any of the following definitions:
• Industrial sites as defined by EPA (40 CFR 122.26(b)(14)) with benchmark monitoring
requirements for metals; or industrial sites subject to handling, storage, production, or
disposal of metallic products or other materials, particularly those containing arsenic,
cadmium, chromium, copper, lead, mercury, nickel or zinc.
• On -street parking areas of municipal streets in commercial and industrial areas.
• Highway rest areas.
• Runoff from metal roofs not coated with an inert, non -leachable material.
Metals treatment is required in addition to basic treatment for redevelopment projects with
high -use sites or high ADT roadways and parking areas and for projects where:
• An additional need for stormwater control measures to remove metals has been identified
through a TMDL or other water cleanup plan, or
• The project takes place at an industrial site that is subject to benchmark monitoring for
metals.
Exceptions: Unless a specific water quality problem has been identified, the following discharges
are exempt from metals treatment requirements:
• Discharges to non -fish -bearing streams.
Appendix I- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 12
Eastern 147ashinglon Phase II.Altunicipal Slorinivater Perinit
Direct discharges to the main channels of the following rivers and direct discharges to the
following lakes: Banks Lake, Lake Chelan, Columbia River, Grande Ronde River, Kettle
River, Klickitat River, Methow River, Moses Lake, Potholes Reservoir, Naches River,
Okanogan River, Pend Oreille River, Similkameen River, Snake River, Wenatchee River,
and Yakima River.
Subsurface discharges, unless identified as hydraulically connected to surface waters of the
State.
Restricted residential and employee -only parking areas, unless subject to through traffic.
Preservation/maintenance projects and some improvement or safety enhancement projects that
do not increase motorized vehicular capacities as defined in the sections "Exemptions" and
"Partial Exemptions" above are exempt from Metals Treatment Requirements.
Certain exemptions may also apply to Category 4 wetlands (see "Use of Existing Wetlands to
Provide Runoff Treatment" at the end of this section).
Any of these exemptions may be negated by requirements set forth in a Total Maximum Daily
Load (TMDL) or other water cleanup plan.
Oil Treatment
Oil treatment is required for all high -use sites and high ADT roadways and parking areas at
new development and redevelopment projects. Some sites will require a spill control type of
oil control facility (see Chapter 8 of the Stormwater Management Manual for Eastern
Washington) for source control separately from or in addition to this treatment requirement. Oil
treatment/control is required in addition to any other runoff treatment required per this Core
Element.
Separator technologies for oil treatment are required only for the following high -use sites:
• High-density intersections with expected ADT of 25,000 or more vehicles on main
roadway and 15,000 or more vehicles on any intersecting roadway,
• Non-employee parking areas of commercial or industrial sites with trip end counts greater
than 100 vehicles per 1,000 SF gross building area,
• Areas of commercial and industrial sites subject to use, storage, or maintenance of a fleet of
25 or more vehicles that are over ten tons gross weight,
• Fueling stations and facilities, and
Sites subject to petroleum transfer in excess of 1,500 gallons per year, not including
routinely delivered heating oil.
For the following sites, a catch basin preceded by passive oil control vault, such as a chamber
with a turned -down elbow, may be applied in lieu of an approved separator technology as long as
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 13
Eastern Washington Phase 11 Marnicipal Slorinivater Permit
they are inspected/maintained/cleaned at least once per year or more frequently as needs are
identified:
• A customer or visitor parking lot with an expected trip end count equal to or greater than
300 vehicles (best professional judgment should be used in comparing this criterion with
the preceding criterion); and
• Commercial on -street parking areas on streets with an expected total ADT count equal to or
greater than 7,500; or
At all other high -use sites and high ADT traffic areas subject to the oil treatment
requirement, sorptive technologies, not separators, are required. Basic treatment methods with
sorptive properties, such as swales or filters, may be selected to fulfill this requirement; or catch
basin inserts may be used at these sites. A catch basin preceded by passive oil control vault, such
as a chamber with a turned -down elbow, may be applied at sites with ADT greater than 30,000
as long as they are inspected/maintained/cleaned at least once per year or more frequently as
needs are identified.
High -use roadway intersections shall treat lanes where vehicles accumulate during the signal
cycle, including left and right turn lanes and through lanes, from the beginning of the left turn
pocket. If no left turn pocket exists, the treatable area shall begin at a distance equal to three car
lengths from the stop line. If runoff from the intersection drains to more than two collection areas
that do not combine within the intersection, treatment may be limited to any two of the collection
areas where the cars stop.
High -use sites and high ADT roadways and parking areas must treat runoff from the high -use
portion of the site using oil control treatment options in Chapter 5 of the Stormwater
Management Manual for Eastern Washington prior to discharge or infiltration. For high -use sites
located within a larger project area, only the impervious area associated with the high -use site is
subject to oil control treatment, but the flow from that area must be separated; otherwise the
treatment controls must be sized for the entire area.
Exceptions: Preservation/maintenance projects and some improvement or safety enhancement
projects that do not increase motorized vehicular capacities as defined in the sections
"Exemptions" and "Partial Exemptions" above are exempt from Oil Treatment Requirements.
Any of these exemptions may be negated by requirements set forth in a Total Maximum Daily
Load (TMDL) or other water cleanup plan.
Phosphorus Treatment
Requirements: Phosphorus treatment is required only where federal, state, or local government
has determined that a water body is sensitive to phosphorus and that a reduction in phosphorus
from new development and redevelopment is necessary to achieve the water quality standard to
protect its beneficial uses. Where it is deemed necessary, a strategy shall be adopted to achieve
the reduction in phosphorus.
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase HMunicipal Stormwater Permit —August 1, 2014
Page 14
Eastern Washington Phase II Municipal Slormwaler Permit
Treatment Facility Selection
Treatment facilities must be selected in accordance with the guidance in Chapter 5 of the
Stormwater Management Manual for Eastern Washington (2004), or another technical
stormwater manual approved by the Department, to meet the treatment requirements identified
for the project's proposed land use and site conditions.
Treatment Facility Sizing
Each treatment BMP is sized based on a water quality design volume, or a water quality design
flow rate. Permittees shall adopt criteria to provide for consistent sizing of treatment facilities.
Computational methods for predicting runoff volumes and flow rates for a proposed
development condition are included in Chapter 4 of the Stormwater Management Manual for
Eastern Washington (2004). Specific design criteria for treatment facilities may be taken from
Chapter 5 of the Stormwater Management Manual for Eastern Washington (2004) or another
technical stormwater manual approved by the Department. Specifically, public road projects
may be designed using BMPs in the current version of the Washington State Department of
Transportation Highway Runoff Manual approved by the Department.
Water quality design volume: Each Permittee shall specify which of the following methods will
be used to determine treatment volumes in their jurisdiction. Different methods may be specified
for different types of projects. Volume -based treatment BMPs are sized the same whether
located upstream or downstream from detention facilities.
Runoff Volume Method 1: The volume of runoff predicted for the proposed development
condition from the regional storm with a 6 -month return frequency. An alternative to this
method is the modified Type IA storm described in Chapter 4.2 of the Stormwater
Management Manual for Eastern Washington (2004); this alternative method is intended
for use on small projects where the designer's software does not accept storms longer than
24 hours.
• Runoff Volume Method 2: The volume of runoff predicted for the proposed development
condition from the SCS Type IA 24-hour storm with a 6 -month return frequency.
• Runoff Volume Method 3: In Regions 2 and 3, volume -based facilities may be sized for 0.5
inch predicted runoff produced for the proposed development condition from all
impervious surface areas that contribute flow to the treatment facility. (This method may be
modified for design of BMP T5.30 Bio -infiltration swale in Chapter 5 of the Stormwater
Management Manual for Eastern Washington (2004).)
• Runoff Volume Method 4: The volume of runoff predicted for the proposed development
condition from the SCS Type II storm with a 6 -month return frequency.
• Runoff Volume Method 5: Another sizing approach and criteria based on peer-reviewed
methods and supported by local data that meet the objective of treating at least 90% of the
annual volume of runoff from the site. Snowmelt should be considered in determining the
water quality design volume if this method is selected.
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 15
Eastern H ashington Phase 11 Municipal Slornnvaler° Permit
Water qualfty design flow rate: Flow -rate -based treatment BMPs are sized differently depending
on whether they are located upstream or downstream from detention facilities, if detention is
required. For runoff treatment facilities sited downstream of detention facilities, the design flow
rate is the full 2 -year release rate of the detention facility. For runoff treatment facilities
preceding detention facilities or when detention facilities are not required, each Permittee shall
specify which of the following methods will be used to determine flow rates in their jurisdiction.
Different methods may be specified for different types of projects. For large facilities receiving
inflow from multiple sources, the flow rate generated by the regional or Type IA storm should
also be checked.
Flow Rate Method I: The runoff flow rate predicted for the proposed development
condition from the short -duration storm with a 6 -month return frequency. Time intervals
for some facilities are specified in the BMP design requirements in Chapter 5 of the
Stormwater Management Manual for Eastern Washington (2004).
Flow Rate Method 2: The runoff flow rate predicted for the proposed development
condition from the SCS Type 1I 24-hour storm with a 6 -month return frequency. Time
intervals for some facilities are specified in the BMP design requirements in Chapter 5 of
the Stormwater Management Manual for Eastern Washington (2004).
Flow Rate Method 3: The runoff flow rate for the proposed development condition
calculated by the Rational Method using the 2 -year Mean Recurrence Interval (see Chapter
4.7 of the Stormwater Management Manual for Eastern Washington (2004)). This method
may only be used to design facilities based on instantaneous peak flow rates.
Bypass Requirements
A bypass must be provided for all treatment BMPs unless the facility is able to convey the 25 -
year short -duration storm without damaging the BMP or dislodging pollutants from within it.
Extreme runoff events may produce high flow velocities through BMPs that can damage and or
dislodge pollutants from within the facility. The designer must: check the maximum allowable
velocity (typically less than 2 ft/s) or shear stress specified for the BMP; and implement a flow
bypass as necessary to prevent exceeding these velocities. Bypass is not recommended for wet
ponds, constructed wetlands, and similar volume -based treatment facilities; inlet structures for
these facilities should be designed to dampen velocities; the pond dimensions will further
dissipate the energy.
Use of Existing Wetlands to Provide Runoff Treatment
Stormwater treatment facilities are not allowed within a wetland or its natural vegetated buffer
except for:
Necessary conveyance systems approved by the local government; or
As allowed in a wetland mitigation plan; or
When the requirements below are met.
A wetland can be considered for use in stormwater treatment if:
Appendix I- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August I, 2014
Page 16
Eo.sler n 141ashington Phase 11 Municipal Storer wafer Permit
• The wetland meets the criteria for "Hydrologic Modification of a Wetland" in Core
Element #6 Flow Control; and either
• It is a Catc2ory 4 wetland according to the Eastern Washington Wetland Rating System; or
• It is a Category 3 wetland according to the Eastern Washington Wetland Rating System and
the wetland has been previously disturbed by human activity, as evidenced by agriculture,
fill areas, ditches or the wetland is dominated by introduced or invasive weedy plant
species as identified in the rating analysis.
Basic treatment is required prior to discharge to Category 3 wetlands; a Category 3 wetland that
meets the above requirements may be used to meet metals treatment requirements. Oil control is
required for a discharge to wetlands if the Technical Thresholds/Requirements are met.
Mitigation shall be required for the impact of using a wetland as a stormwater treatment facility.
Appropriate measures include enhancement, expansion and/or preservation of a buffer around
the wetland.
Core Element #6: Flow Control
Requirements
New development projects that meet the regulatory threshold and result in 10,000 square feet
or more of new impervious surfaces shall construct stormwater flow control facilities for any
discharge of stormwater directly, or through a conveyance system, into surface water.
Redevelopment projects are not required to construct stormwater flow control facilities unless
required under a basin plan or other federal, state or local requirement.
The stormwater flow control facility shall be designed to protect stream morphology and
associated instream habitat from adverse impacts due to increased peak flows and flow durations
following development. Flow control facilities shall be selected, designed, constructed, operated
and maintained according to criteria established by the local jurisdiction.
In order to prevent localized erosion, energy dissipation at the point of discharge is required for
all projects unless site-specific conditions warrant an exception.
When Core Element #6 Flow Control is required, Core Element #7 Operation and Maintenance
also is required.
Exemptions
Direct discharges to the following surface waters are exempt from flow control requirements to
protect stream morphology:
1. Any river or stream that is:
• Fifth order or greater as determined from a 1:24,000 scale map; or
e Fourth order or greater as determined from a 1:100,000 or larger scale map.
Appendix I- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 17
Eastern 117ashington Phase 11 Municipal Stormivaler Permit
The maps should be standard USGS maps or GIS data sets derived from USGS base maps.
2. Any lake or reservoir with a contributing watershed area greater than 100 square miles.
Reservoirs with outlet controls that are operated for varying discharges to the downstream
reaches as for hydropower, flood control, irrigation, or drinking water supplies.
Uncontrolled, flow-through impoundments are not exempt.
4. Streams that flow only during runoff -producing events. The runoff carried by the stream
following the 2 -year, Type IA rainfall event must not discharge via surface flow to a non-
exempt surface water. To be exempt, the stream may carry runoff during an average
annual snowmelt event but must not have a period of baseflow during a year of normal
precipitation.
Hydrologic Modification of a Wetland
A wetland receiving stormwater from a new development or redevelopment project can be
considered for hydrologic modification if it is a Category 3 or Category 4 wetland according to
the Eastern Washington Wetland Rating System and:
There is good evidence that the natural hydrologic regime of the wetland can be restored by
augmenting its water supply with excess stormwater runoff; or the wetland is under
imminent threat exclusive of stormwater management and could receive greater protection
if acquired for a stormwater management project rather than left in existing ownership;
and:
The runoff is from the same natural drainage basin; the wetland lies in the natural routing
of the runoff; and the site plan allows runoff discharge at the natural location. Exceptions
may be made for regional facilities planned by the local jurisdiction, but the wetland should
receive water from sites in the same watershed.
Hydrologic modification shall not be allowed if the wetland is classified as Category 1 or
Category 2 according to the Eastern Washington Wetland Rating System unless the project
proponent demonstrates that preferred methods of excess stormwater disposal (e.g., infiltration)
are not possible at the site and that other options (e.g., evaporation) would result in more damage
to the wetland by limiting inflow.
Mitigation shall be required for the impact of hydrologic modification to a wetland. Appropriate
measures include expansion, enhancement and/or preservation of a buffer around the wetland.
Core Element #7: Operation and Maintenance
Requirements
Where structural BMPs are required, property owners shall operate and maintain the facilities in
accordance with an Operation and Maintenance (O&M) plan that is prepared in accordance with
the provisions in Chapters 5 and 6 of the Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater manual approved by the Department. The
O&M plan shall address all proposed stormwater facilities and BMPs, and identify the party (or
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase II Municipal Stormwater Permit —August 1, 2014
Page 18
Eastern Ra.shinglon Phase 11 Municipal Slornm,aler Permit
parties) responsible for maintenance and operation; the O&M plan must also address the long-
term funding mechanism that will support proper O&M. At private facilities, a copy of the plan
shall be retained onsite or within reasonable access to the site, and shall be transferred with the
property to the new owner. For public facilities, a copy of the plan shall be retained in the
appropriate department. A log of maintenance activity that indicates what actions were taken
shall be kept and be available for inspection.
Cities or Counties may develop generic O&M plans, including checklists of actions and
procedures for the operators, for BMPs that are commonly used in public projects; commercial
and residential property developers may also develop generic O&M plans, including checklists
of actions and procedures for the operators, for BMPs that are commonly used in their projects.
Appendix 1- Minimum Technical Requirements
Eastern Washington Phase 11 Municipal Stormwater Permit —August 1, 2014
Page 19
Eastern Washington Phase II Municipal Stormwater Permit
APPENDIX 2 — Total Maximum Daily Load (TMDL)
Requirements
Additional permit requirements are based on applicable TMDLs in accordance with Special
Condition S7 Compliance with Total Maximum Daily Load Requirements.
Index
1. WR1A 34 South Fork Palouse River Page 1
2. WRIA 39 Selah Ditch Page 5
3. WRIA 39 Wilson Creek Page 6
4. WRIA 54 Spokane River and Lake Spokane Page 7
Appendix 2 - I "otat Maximum Daily Load {TMDL} Requirements
Eastern Washington Phase II Municipal Stormwater Permit - August 1, 2014
Page 1
Eastern Rashington Phase II Municipal Slornt»vater Permit
Name of TMDL
South Fork Palouse River Fecal Coliform Bacteria TMDL: Water
-Quality Improvement Report
EPA Approved
South Fork Palouse River Fecal Coliform Bacteria Total Maximum Daily
Document(s) for
Load - Water Quality Improvement Report
TMDL
October 2009
Publication No. 09-10-060
Location of
Paradise Creek 10443 (WA -34-1025)
Original 303(d)
Paradise Creek 10439 (WA -34-1025)
Listings
Paradise Creek 10444 (WA -34-1025)
South Fork Palouse River 6712 (WA -34-1020)
South Fork Palouse River 6711 (WA -34-1020)
South Fork Palouse River 6710 (WA -34-1020)
South Fork Palouse River 6707 (WA -34-1020)
Dry Fork Creek 46406
Missouri Flat Creek 6713 (WA -34-1024)
Area Where
These requirements apply to areas served by MS4s within the City of
TMDL
Pullman, including the Washington State University Campus that is within
Requirements
the City of Pullman.
Apply
Parameter(s)
Fecal Coliform Bacteria
MS4 Permittee:City
TIWashiDgton
of Pullman WAR04-6504
State University WAR04-6700
Actions Required
City of Pullman
A. The City of Pullman, within the permit coverage area, shall:
1. Inventory and inspect the stormwater system to develop a map and descriptions of
known illicit connections and potential sources of fecal coliform to the MS4 by
December 31, 2015.
2. Develop and implement a pet waste education program for residents of Pullman.
3. The City of Pullman Planning and Public Works Departments will consider during
SEPA review the potential for projects to increase runoff and sources of fecal
coliform, and the need for mitigation measures to reduce these adverse impacts to the
MS4 and surface waters.
4. Conduct all monitoring to assess changes in water quality and progress toward
elimination of stormwater related bacteria discharges to surface water under an
Ecology -approved Quality Assurance Project Plan (QAPP). Ecology must be given a
minimum of 3 months prior to sampling to review and approve the QAPP.
Angust 1, 2014 Appendix 2 - Total AIUXirnun? Daily Loadv Page 2 q f' 10
Eastern TVashington Phase 11Municipal Stornm7 aler Permit
5. Enter monitoring data collected into Ecology's Environmental Information
Management (EIM) database. The database can be accessed at:
www.ecy.wa.ozov/science/data.htmi-
B. Beginning no later than the effective date of this permit, the City of Pullman shall, implement
an illicit discharge detection and elimination program for stormwater outfalls within the area
under its jurisdiction. The outfalls shall be prioritized in the following order:
1. The area draining to the outfall identified as 34MissSD120.
2. The area draining to multiple outfalls draining to the compliance point identified as
34Dry00.4.
3. For the areas draining to the remaining stormwater basins under its jurisdiction,
Pullman shall by December 31, 2015:
• Submit to Ecology a plan outlining subsequent focus areas for the illicit
discharge detection and elimination program.
* Focus areas will be prioritized based on the TMDL, more recent monitoring
Endings, and consultation with Ecology's TMDL and Stormwater leads.
C. For each outfall drainage area investigated under the IDDE program, the City of Pullman
shall submit to Ecology a report 18 months after initiating the investigation summarizing:
1. Actions taken to reduce fecal coliform pollution.
2. Results of any outfall monitoring completed up to issuance of this permit that
include a comparison of monitoring data to the TMDL Waste Load Allocation to
evaluate progress toward meeting the percent reduction needed at the outfall.
Because the water quality standard for fecal coliform is concentration based,
progress will be assessed by examining concentrations at the outfall and making
progress toward the percent reductions and not on a specific bacteria load.
3. Portions of this report may be submitted prior to permit issuance and will be
considered to fulfill this requirement.
D. For any outfall that has not achieved a 40% toward the WLA target (percent reduction) by
December 31, 2016, submit to Ecology a four-year Action Plan outlining actions and
monitoring intended to achieve targeted reductions. The Action Plan shall include:
1. The specific purpose of the plan
2. A description of key actions and who will conduct them
3. Implementation schedule, including milestones, deadlines, and how frequently the
plan should be updated
4. Discussion of legal authority to implement actions
5. Process and schedule for how to evaluate appropriateness of actions in the plan and
how frequently to update it
6. The specific type of monitoring that will be used to evaluate the effectiveness of the
plan
E. Within 90 days of Ecology approval, begin implementing the Ecology -approved Action Plan.
August 1, 2014 Appendix 2 Total Maximum Daily Loads Page 3 of'] 0
Eastern Ka.shingl�on Phase 11 Municipal Storinivaler Per snit
Washin on State University
A. Washington State University, within the area under its jurisdiction, shall from the effective
date of this permit:
1. Conduct education and outreach with an emphasis on animal waste disposal practices
to reduce potential bacteria -laden runoff.
2. The Capital Planning Department will consider during SEPA review the potential for
projects to increase runoff and sources of fecal coliform, and the need for mitigation
measures to reduce these adverse impacts to the MS4 and surface waters.
3. Conduct all monitoring to assess changes in water quality and progress toward
elimination of stormwater related bacteria discharges to surface water under an
Ecology approved QAPP. Ecology must be given a minimum of 3 months prior to
sampling to review and approve the QAPP.
4. Enter monitoring data collected into Ecology's Environmental Information
Management (EIM) database. The database can be accessed at:
www.ecy.wa.gov/science/data.htrrl.
B. Beginning no later than the date this permit becomes effective, Washington State University
shall implement an illicit discharge detection and elimination program for stormwater
outfalls within the area under its jurisdiction. The outfalls should be prioritized in the
following order:
1. The area draining to the outfall identified as 34SFPRWSUI.
2. The next basin for further monitoring and investigation will be based on the findings
of the City of Pullman's investigation of the 34MissSD 120 drainage.
a. If the City of Pullman finds that Washington State University contributes
greater fecal coliform bacteria loads to the 34MissSD120 system than the
loading found during the TMDL study to the South Fork Palouse River from
34SFPRWSU2 then 34MissSD120 will be the next drainage basin for WSU
investigation.
b. If the City of Pullman finds that Washington State University contributes
less fecal coliform bacteria loads to the 34MissSD120 system than the loading
found during the TMDL study to the South Fork Palouse River from
34SFPRWSU2 then the 34SFPRWSU2 basin will be the next drainage basin
for investigation.
3. The basin not selected in B.2 above.
C. For each outfall drainage area investigated under the IDDE program submit to Ecology a
report 18 months after initiating the investigation summarizing:
1. Actions taken to reduce fecal coliform pollution.
2. Results of any outfall monitoring completed up to issuance of this permit that include
a comparison of monitoring data to the TMDL Waste Load Allocation to evaluate
progress toward meeting the percent reduction needed at the outfall. Because the
August 1. 2014 Apl)en dix 2 Total Maxirllurn Daily 1 oacls Page 4 Qf 10
Easiern Washington Phase H Municipal Storinivaler Permit
water quality standard for fecal coliform is concentration based, progress will be
assessed by examining concentrations at the outfall and making progress toward the
percent reductions and not on a specific bacteria load.
3. Portions of this report may be submitted prior to permit issuance and will be
considered to fulfill this requirement.
D. For any outfall that has not achieved a 40% toward the WLA target (percent reduction) by
December 31, 2016, submit to Ecology a three-year Action Plan outlining actions and
monitoring intended to achieve targeted reductions. The Action Plan shall include:
1. The specific purpose of the plan
2. A description of key actions and who will conduct them
3. Implementation schedule, including milestones, deadlines, and how frequently the
plan should be updated
4. Discussion of legal authority to implement actions
5. Process and schedule for how to evaluate appropriateness of actions in the plan and
how frequently to update it
6. The specific type of monitoring that will be used to evaluate the effectiveness of the
plan
E. Within 90 days of Ecology approval, implement the Ecology -approved Action Plan.
Name of TMDL
Selah Ditch Multiparameter Total Maximum Daily Load
EPA Approved
Selah Ditch Multiparameter Total Maximum Daily Load, Technical
Document(s) for
Assessment Report, January 2005, Publication Number 05-10-020
TMDL
Sclah Ditch Multiparameter Total Maximum Daily Load, Water Quality
Improvement Report, June 2006, Publication No. 06-10-040
Location of
Selah Ditch, Water Resource Inventory Area (WRIA) 39, Selah Ditch is a
Original 303(4)
short (0.83 mile), straight, man-made drainage canal that is classified as a
Listings
Class A water body.
Area Where
City of Selah
TMDL
Requirements
Apply
Parameter(s)
Fecal Coliform Bacteria, and Temperature
EPA Approval
Date
Water Quality Improvement Plan — June 2006
MS4 Permittee
City of Selah
August 1, 2014 Appendix 2 Total Maximum Daily Loads Page .5 of 10
Easlern 01'ashinglon Phase HMunicipal Stor-nni,aler Pernait
Actions Required:
City of Selah
Implement the schedule and activities in S5.13.1 for Public Education and Outreach to
include education and outreach to target the reduction of fecal coliform bacteria
discharges into the stormwater system to include the following:
• Targeted education regarding the effects of pet waste on stormwater and inform
pet owners about proper management of pet waste.
• InstaIlation of pet waste pick-up bags in city parks, and on city -owned open
spaces, where appropriate.
Name of TMDL
Wilson Creek Sub -Basin Bacteria Total Maximum Daily Load
EPA Approved
Wilson Creek Sub -Basin Bacteria Total Maximum Daily Load
Document(s) for
(Water Cleanup Plan), Submittal Report, June 2005
TMDL
Publication Number 05-10-041
Location of
Wilson Creek (WA -39-1020) PY59BF (inside city limits)
Original 303(d)
Mercer Creek EY18WK,
Listings
Whiskey Creek SOI9BM
Area Where
City of Ellensburg
TMDL
Requirements
Apply
Parameter(s)
Fecal Coliform Bacteria
EPA Approval
Date
TMDL — June 2005
MS4 Permittee
City of Ellensburg, Central Washington University
Actions Required:
City of Ellensburg
• Implement the schedules and activities for Public Education and Outreach identified in
S5.B.1 include the following:
• A targeted education program for pet waste, including installing pet waste pick-up
bags in city parks and/or on city property and/or open spaces where pets may be
present.
• Provide information to the general public about the relationship between feeding
wildlife water fowl and fecal coliform bacteria in stormwater.
August 1, 2014 Append& 2 Total Ifaxinnnn Daily LoatI5 Page 6 of'10
Eastern fflashington Phase 11 Municipal Slorrmi,aler Permit
Central Washinpton University
Implement the schedules and activities for public education and outreach identified in
S6.D.l .b.vii. Part of this program shall include installing pet waste pick-up bags on
university owned spaces where people might walk their pets.
Name of TMDL
Spokane River and Lake Spokane Dissolved Oxygen Total Maximum
Daily Load
EPA Approved
Spokane River and Lake Spokane Dissolved Oxygen Total Maximum Daily
Document(s) for
Load Water Quality Improvement Report
TMDL
Revised February 2010
Publication No. 07-10-073
Location of
Lake Spokane 40939
Original 303(d)
Spokane River 17523 (WA -54-1010)
Listings
Spokane River 15188 (WA -54-1010)
Spokane River 15187 (WA -54-1010)
Spokane River 11400 (WA -57-1010)
Spokane River 6373 (WA -54-1020)
Area Where
These requirements apply to areas served by MS4s owned or operated by the
TMDL
Permittees within the TMDL coverage area.
Requirements
Apply
Parameter(s)
Total Phosphorus, Ammonia, CBOD5
MS4 Permittee:
City of Spokane WAR04-6505,
City of Spokane Valley WAR04-6507
Spokane County WAR04-6506
Actions Required
The City of Spokane and Spokane County shall each develop and implement monitoring
programs for phosphorus, ammonia, and CBOD according to the schedules outlined below.
Flow rates shall also be measured in order to calculate volumes of stormwater to determine
pollutant loadings.
,4ugust 1, 2014 Appendix 2 - Tolal Maximum Daily Loads Page % of'10
Eastern 1'ashinglon Phase H-Uunrcil)al Stornrowler Per mil
Cily of Spokane
1. No later than August 31, 2015, the City of Spokane shall prepare a monitoring plan. The
outfalls for the Cochrane Basin shall be monitored for phosphorus, ammonia, CBOD, and
flow rates. A QAPP that follows Quality Assurance Project Plans for Environmental
Studies, July 2004, Ecology Publication No. 04-03030 shall be prepared and submitted
to Ecology for review and approval.
2. Ecology will review and provide written comments on the monitoring plan by November
30, 2014.
3. The City of Spokane shall submit an updated QAPP to Ecology responding to Ecology's
comments by February 28, 2016. If Ecology provides comments later than November 30,
2015, the updated QAPP submittal deadline will be extended by the number of calendar
days that Ecology exceeds past the November 30, 2015 date.
4. No later than August 31, 2016 the City of Spokane shall implement the Ecology -
approved monitoring plan. The monitoring plan shall be conducted until the expiration of
the Permit. The results of the monitoring shall be entered into Ecology's EIM database.
5. No later than August 31, 2017 the City of Spokane shall begin evaluating the results of
the monitoring plan with respect to the city's share of the stormwater Waste Load
Allocations in the TMDL. If the monitoring results indicate that stormwater Waste Load
Allocations are being exceeded then an adaptive management response to reduce
pollutant loading shall be initiated. The City of Spokane shall prepare an Action Plan.
The Action Plan must include:
a. The specific purpose and objective of the plan
b. A description of key actions and who will conduct them
c. Implementation schedule, including milestones, deadlines, and how frequently the
plan should be updated
d. Discussion of legal authority to implement actions
e. Process and schedule for how to evaluate appropriateness of actions in the plan
and how frequently to update it
f. Any additional monitoring that may be necessary to evaluate the effectiveness of
the plan
Spokane County
1. No later than August 31, 2015, Spokane County shall prepare a monitoring plan to
evaluate its stormwater discharges to the Spokane River in order to determine pollutant
loading for total phosphorus, ammonia, and CBOD. Sampling shall be conducted at the
Ella Road outfall. Sampling shall be representative of the total quantity of flows and
shall be conducted at least once per month during the months of March through October
during the first precipitation event in a month that produces adequate stormwater for
analysis. Discharge volume estimates shall be calculated for all events sampled. A
QAPP that follows Quality Assurance Project Plans for Environmental Studies, July
2004, Ecology Publication No. 04-03-030 shall be prepared and submitted to Ecology for
review and approval by August 31, 2015. The monitoring shall be conducted using
Ecology approved Standard Operating Procedures. If the QAPP needs to be modified,
Spokane County will provide the updated QAPP for review and approval within 90 days
of receiving Ecology comments.
August 1, 2014 Appendix 2 - Tolal Alaxirnurn Daily Loads Page 8 of 10
Eastern ft ashinglon Phase H Municipal Slormivaler Permit
2. No later than August 31, 2016 Spokane County shall start sampling and implement the
Ecology -approved monitoring plan. All applicable seasonal results of the monitoring
shall be entered into Ecology's EIM database by December 31st of each year. A
summary and discussion of the monitoring results shall be included with the appropriate
annual report. Sampling shall continue until the expiration of the permit, or until the
discharge has been eliminated.
3. No later than December 31, 2017 Spokane County shall, in consultation with Ecology,
evaluate the results of the monitoring plan in order to evaluate pollutant loading with
respect to Spokane County's share of the Stormwater Waste Load Allocations in the
TMDL. If the monitoring results indicate that Stormwater Waste Load Allocations are
being exceeded then an adaptive management response to reduce pollutant loading shall
be initiated. Spokane County shall submit an Action Plan for Ecology approval by
March 31, 2018. The Action Plan must include:
a. The specific purpose and objective of the plan
b. A description of key actions and who will conduct them
c. Implementation schedule, including milestones, deadlines, and how frequently the
plan should be updated
d. Discussion of legal authority to implement actions
e. Process and schedule for how to evaluate appropriateness of actions in the plan
and how frequently to update it
£ Any additional monitoring that may be necessary to evaluate the effectiveness of
the plan
City of Spokane Valley
1. No later than August 31, 2015, the City of Spokane Valley shall prepare a monitoring
plan to evaluate all of its remaining stormwater discharges to the Spokane River in order
to determine pollutant loading for total phosphorus, ammonia, and CBOD. Sampling
shall be representative of the total quantity of flows and shall be conducted at least once
per month during the months of March through October during the first precipitation
event in a month that produces adequate stormwater for analysis. Discharge volume
estimates shall be calculated for all events sampled. A QAPP that follows Quality
Assurance Project Plans for Environmental Studies, July 2004, Ecology Publication No.
04-03-030 shall be prepared and submitted to Ecology for review and approval by August
31, 2015. The monitoring shall be conducted using Ecology approved Standard
Operating Procedures. If the QAPP needs to be modified, the City of Spokane Valley
will provide the updated QAPP for review and approval within 90 days of receiving
Ecology comments.
2. No later than August 31, 2016 the City of Spokane Valley shall start sampling and
implement the Ecology -approved monitoring plan. All applicable seasonal results of the
monitoring shall be entered into Ecology's EIM database by December 31 st of each year.
A summary and discussion of the monitoring results shall be included with the
appropriate annual report. Sampling shall continue until the expiration of the permit, or
until the discharges have been eliminated.
3. No later than December 31, 2017 the City of Spokane Valley shall, in consultation with
Ecology, evaluate the results of the monitoring plan in order to evaluate pollutant loading
August 1, 2074 Appendix 2 — Total Maximum Daily Loam's Page 9 of'] 0
Eastern K'ashinglon Phase II Municipal ,%rnni,aler PeT°Writ
with respect to the city's share of the Stormwater Waste Load Allocations in the TMDL.
If the monitoring results indicate that Stormwater Waste Load Allocations are being
exceeded then an adaptive management response to reduce pollutant loading shall be
initiated. The City of Spokane Valley shall submit an Action Plan. for Ecology approval
by March 31, 2018. The Action Plan must include:
a. The specific purpose and objective of the plan
b. A description of key actions and who will conduct them
c. Implementation schedule, including milestones, deadlines, and how frequently the
plan should be updated
d. Discussion of legal authority to implement actions
e. Process and schedule for how to evaluate appropriateness of actions in the plan
and how frequently to update it
f. Any additional monitoring that may be necessary to evaluate the effectiveness of
the plan
August 1, 2014 Appendix 2 -- Total AlaxhnU177 Daily Loads Page 10 of 10
Eastern Washington Phase HMunicipal Stormwater Permit
Appendix 3: Annual Report Questions for Cities, Towns and
Counties
Permittees are required to submit the following information in an online annual report form, or
an alternative format provided by Ecology upon request, pursuant to Special Condition S9.A.
1. Attach updated annual Stormwater Management Program Plan (SWMP Plan) or website
address in the Comment field where it can be found. (S5.A.3)
2. Attach a map and copy of any annexations, incorporations or boundary changes resulting in
an increase or decrease in the Permittee's geographic area of permit coverage during the
reporting period per S9.D.5.
3. Tracked the estimated costs of implementation of each component of the SWMP.
(S5.A.4.a.ii)
4. Coordinated among departments within the jurisdiction to eliminate barriers to permit
compliance. (S5.A.5.b)
4b. Attach a written description of internal coordination mechanisms. (Required to be submitted
no later than March 31, 2016, S5.A.5.b)
5. Attach description of public education and outreach programs and stewardship activities
conducted per S5.B. La and b.
6. Describe in Comments field the opportunities created for the public to participate in the
decision making processes involving the development, implementation and updates of the
Permittee's SWMP. (S5.B.2.a)
7. Posted the updated SWMP Plan and latest annual report on your website no later than May
31. (S5.B.2.b) List the website address in Comments field.
8. Maintained a map of the MS4 that includes the requirements listed in S5.B.3.a.
9. Implemented a compliance strategy, including informal compliance actions as well as
enforcement provisions of the regulatory mechanism described in S5.B.3.b. (S5.13.3.b.vi)
10. Updated, if necessary, the regulatory mechanism to effectively prohibit illicit discharges into
the MS4 per S5.B.3.b.vii. (Required, if applicable, no later than February 2, 2019)
August 1, 2014 Appendix 3 —Annual Report for Cities, Towns and Counties Page 1
Eastern Washington Phase HMunicipal Stormwater Permit
11. Implemented procedures for conducting illicit discharge investigations in accordance with
S5.B.3.c.
12. Percentage of MS4 coverage area screened in reporting year per S5.C.3.c.i. (Required to
screen 40% of MS4 no later than December 31, 2018 and 12% on average each year
thereafter, S5.13.3.c.iii)
13. Publicized a hotline telephone number for public reporting of spills and other illicit
discharges in the Comments field. (S5.B.3.c.iv)
List the hotline number in the Comments field.
14. Implemented an ongoing illicit discharge training program for all municipal field staff per
S5.B.3.c.v.
15. Informed public employees, businesses, and the general public of hazards associated with
illicit discharges and improper disposal of waste. Describe actions in Comments field.
(S5.B.3.c.vi)
16. Number of illicit discharges, including illicit connections, eliminated during the reporting
period. (S5.B.3.d)
17. Attach a summary of actions taken to characterize, trace and eliminate each illicit discharge
found by or reported to the permittee. For each illicit discharge, include a description of
actions according to required timelines per S5.13.3.d.iv.
18. Implemented an ongoing illicit discharge training program for all staff responsible for
implementing the procedures and program, as described in S5.13.3.e.
19. Implemented an ordinance or other regulatory mechanism and enforcement procedures for
construction site stormwater runoff control as described in S5.13.4.a.
20. Reviewed Stormwater Site Plans, including construction SWPPPs for all new development
and redevelopment projects. S5.13.4.b.
20b. Number of site plans reviewed during the reporting period.
21. Implemented procedures for site inspection and enforcement of construction stormwater
pollution control measures. (S5.B.4.c)
21b. Number of permitted construction sites inspected during the reporting period, (S53.4.c.iii)
22. Number of enforcement actions taken during the reporting period based on construction
phase inspections at new development and redevelopment projects. (S5.B.4.c)
23. Trained the staff involved in permitting, plan review, field inspections and enforcement for
construction site runoff control. (S5.B.4.b.ii and S53.4.c.ii)
August 1, 2014 Appendix 3 —Annual Report for Cities, Towns and Counties Page 2
Eastern Washington Phase 11 Municipal Stormwater Permit
24. Provided information to construction site operators and design professionals about training
available on how to comply with the requirements in Appendix 1 and the BMPs in the
SWMMEW, or an equivalent document. (S5.B.4.d)
Cite website address in Comments field, if located on your website.
25. The number of construction sites that provided their intent to apply for the "Erosivity
Waiver" as described in (S5.B.4.e).
26. The number of complaints investigated about sites that have received an "Erosivity Waiver"
and describe any enforcement actions taken as a result in the Comments field. (S5.B.4.e)
27. Implemented ordinance or other regulatory mechanism and enforcement procedures as
described in S5.B.5.a.
28. Allowed non-structural preventive actions and source reduction approaches such as Low
Impact Development techniques to be used. (Required no later than December 31, 2017,
S5.B.5.a.ii(a))
29. Required projects approved under S5.B.5 to retain runoff generate onsite for, at a minimum,
the 10 -year, 24-hour rainfall event or a local equivalent, using either on-site or regional
stormwater facilities. (Required no later than December 31, 2017, S5.B.5.a.ii(b)(2))
30. Attach criteria developed and implemented to determine when it is infeasible to meet
requirement for on-site retention, or provide citation from existing ordinances or from LID
Manual developed by eastern Washington permittees, as per S5.B.5.adi(b)(2), (Required to
be submitted by March 31, 2018).
31. Implemented procedures for post -construction site plan review. (S5.B.5.b)
32. Inspected post -construction stormwater controls, including structural BMPs, during
installation at new development and redevelopment projects. (S5.B.5.c.ii)
32b. Number of sites inspected during the reporting period. (S53.5.c.ii)
33. Number of enforcement actions taken during the reporting period? (S5.B.5.c)
34. Inspected structural BMPs at least once every five years after final installation. (S5.B.5.c.iii)
34b. Number of BMPs inspected during the reporting period. (S5.B.5.c.iii)
August 1, 2014 Appendix 3 Annual Report for Cities, Towns and Counties Page 3
Eastern Washington Phase HMunicipal Storrnwater Permit
35. Trained the staff involved in permitting, plan review, inspection and enforcement for post -
construction stormwater control. (S5.B.5.d)
36. Reviewed and, if needed, updated Operations and Maintenance Plan. (Required no later than
August 1, 2017, S5.B.6.a).
37. Implemented the schedule of Operation and Maintenance activities for municipal operations.
(S5.B.6.a)
38. Have NPDES permit coverage for all applicable Permittee construction projects and
industrial facilities. (S5.B.6.a.i (f) and (g))
39. Inspected stormwater treatment and flow control facilities (except catch basins) owned or
operated by the Permittee at least once every two years. (S5.B.6.a.ii (a))
39b. Number of facilities inspected during the reporting period. (S5.B.6.a.ii (a))
40. Inspected and, if needed, cleaned catch basins and inlets owned or operated by the Permittee,
or used an alternative approach. (Required at least once no later than December 31, 2018 and
every two years thereafter. (S5.B.6.a.ii (b))
41. If used an alternative to standard schedule for catch basin inspections for all or a portion of
the MS4, attach description of the method used. (S5.B.6.a.ii(b))
42. Conducted spot checks of stormwater facilities after major storms. (S5.B.6.a.ii (c))
43. Trained the staff with primary construction, operations, or maintenance job functions that are
likely to impact stormwater quality. (S5.B.6.b)
44. Complied with the Total Maximum Daily Load (TMDL)-specific requirements identified in
Appendix 2? (STA)
45. For TMDLs listed in Appendix 2: Attach a summary of relevant S WMP and Appendix 2
activities to address the applicable TMDL parameter(s). (S7.A)
46. Attach a description of any stormwater monitoring or stormwater-related studies as
described in S&A.
47. Participated in the regional group to select, develop and conduct effectiveness studies as
described in S&B.
August 1, 2014 Appendix 3 - Annual Report for Cities, Towns and Counties Page 4
Eastern Washington Phase II Municipal Stormwater Permit
48. Notified Ecology in accordance with G3 of any discharge into or from the Permittees MS4
which could constitute a threat to human health, welfare or the environment. (G3)
49. Took appropriate action to correct or minimize the threat to human health, welfare, and/or the
environment per GIA.
50. Notified Ecology of the failure to comply with the permit terms and conditions within 30
days of becoming aware of the non-compliance. (G20)
51. Number of non-compliance notifications (G20) provided in reporting year. List permit
conditions described in non-compliance notification(s) in Comments field.
52. Attach a summary of the status of implementation of any actions taken pursuant to S4.F.3
and the status of any monitoring, assessment, or evaluation efforts conducted during the
reporting period. (S4.F.3.d)
August 1, 2014 Appendix 3 —Annual Report for Cities, Towns and Counties Page 5
Eastern Washington Phase HMunicipal Stormwater Permit
APPENDIX 4 - Annual Report Questions for
Secondary Permittees
August 1, 2014 Appendix 4: Secondary Permittee Annual Report Pulte I of 10
Eastern Washington Phase HMunicipal Stormwater Permit
VI. Status Report Covering Calendar Year
Permittees are required to submit annual reports online or in a format provided by Ecology,
pursuant to permit condition S9.A.
1. YES ❑ NO ❑ Attach a notification of any jurisdictional boundary changes resulting
NA ❑ in an increase or decrease in the Permittee's geographic area of coverage
during the reporting period, and implications for the SWMP. (Required
annually, S9.17.4)
Comments:
S6.D Stormwater Management Program
1. YES NO ❑ Attach a notification of any jurisdictional boundary changes resulting
NA ❑ in an increase or decrease in the Secondary Permittee's geographic area of
coverage during the reporting period. (Required annually, S9.F.4)
Comments:
S6.D.1 Public Education and Outreach
2. YES ❑ NO Labeled all storm drain inlets owned or operated by the Secondary
Permittee that are located in maintenance yards, in parking lots, along
sidewalks, and at pedestrian access points. (Required no later than four
years from initial date of permit coverage, S6.D.l.a)
Comments:
3. YES ❑ NO ❑ Re -labeled all storm drain inlets with labels when no longer clearly visible
and/or easily readable within 90 days. (Required no later than four years
from initial date of permit coverage, S6.D.1.a)
Comments:
4. YES ❑ NO ❑ (Public ports, colleges, and universities only) Distributed educational
NA ❑ information to tenants and residents about the impact of stormwater
discharges on receiving waters and steps that can be taken to reduce
pollutants in stormwater runoff. (Required no later than three years from
initial date of permit coverage, S6.D.1.b)
Comments:
August 1, 2014 Appendix 4: Secondary Permittee Annual Report Page 1 of 10
Eastern Washington Phase II Municipal Stormwater Permit
S6.D2 Public Involvement and Participation
5. YES ❑ NO ❑ Made the annual report and SWMP Plan available on website. (Required
no later than May 31, annually, S6.D.2.a)
Comments:
11. YES ❑ NO ❑ Conducted field inspections and visually inspected for illicit discharges at
approximately one third of all known MS4 outfalls. (Required tno later
than two years from initial date of permit coverage, S6.D.3.d)
August 1, 2014
Appendix 4: Secondary Permillee Annual Report Page 2 of 10
Comments:
S6.D.3 Illicit Discharge Detection and Elimination
6. YES NO
Complied with all relevant ordinances, rules, and regulations of the local
jurisdiction(s) that govern non-stormwater discharges. (Required after
initial date of permit coverage, S6.D.3.a)
Comments:
7. YES ❑ NO ❑
Implemented policies to prohibit illicit discharges and identified
enforcement mechanisms. (Required no later than one year from initial
date of permit coverage, S6.D.3.b)
Comments:
8. YES ❑ NO ❑
Implemented an enforcement plan to ensure compliance with policies to
prohibit illicit discharges. (Required no later than 18 months from initial
date of permit coverage, S6.D.3.b)
Comments:
9. YES ❑ NO a
Developed a map of the storm sewer system showing all known storm
drain outfalls, receiving waters, and areas contributing runoff to each
outfall. (Required no later than four and one half years from initial date of
permit coverage, S6.D.3.c)
Comments:
10. YES ❑ NO
Maintained a map of the MS4 showing all known storm drain outfalls,
receiving waters, and areas contributing runoff to each outfall. Made the
map available on request to Ecology or others. (Required no later than
four and one half years from initial date of permit coverage, S6.D.3.c)
Comments:
11. YES ❑ NO ❑ Conducted field inspections and visually inspected for illicit discharges at
approximately one third of all known MS4 outfalls. (Required tno later
than two years from initial date of permit coverage, S6.D.3.d)
August 1, 2014
Appendix 4: Secondary Permillee Annual Report Page 2 of 10
Eastern Washington Phase II Municipal Stormwater Permit
Comments:
12. YES ❑ NO El Implemented procedures to identify and remove illicit discharges.
(Required no later than two years from initial date of permit coverage,
S6.D.3.d)
Comments:
13. YES ❑NO ❑ Number of illicit discharges, including illicit connections, eliminated
during the reporting period:
(S6.D.3.d)
Attach a summary of each illicit discharge discovered and actions taken to
eliminate each of the discharges. (S6.D.3.d)
Comments:
14. YES ENO Implemented a spill response plan that includes coordination with a
qualified spill responder. (Required no later than four and one-half years
from initial date of permit coverage, S6.D.3.e)
Comments:
15. YES ONO ❑ Provided staff training or coordinated with existing training to educate
staff on proper BMPs for preventing illicit discharges, including spills as
described in S6.D.3.f (Required no later than two years from initial date of
permit coverage)
Comments:
August 1, 2014 Appendix 4: Secondary Permittee Annual Report Page 3 of 10
Eastern Washington Phase II Municipal Stormwater Permit
S6.D.4 Construction Site Stormwater Control
16. YES ❑ NO ❑
Complied with all relevant ordinances, rules, and regulations of the local
NA
jurisdiction(s) that govern construction phase stormwater pollution
prevention activities, if applicable. (Required after initial date of permit
coverage, S6.D.4.a)
Comments:
17. YES ❑ NO
Ensured that all applicable construction projects under the functional
control of the Secondary Permittee obtained NPDES permit coverage.
(Required after initial date of permit coverage, S6.D.4.b)
Comments:
18. YES ❑ NO ❑
Coordinated with local jurisdictions on construction projects owned or
NA ❑
operated by other entities that discharge into Secondary Permittee's MS4
as per S6.D.4.c. (Required after initial date of permit coverage)
Comments:
19. YES NO ❑
Provided training for relevant staff in erosion and sediment control BMPs
NA ❑
and requirements, or hired trained contractors to perform the work for all
construction projects owned and operated by the Secondary Permittee.
(Required after initial date of permit coverage, S6.D.4.d)
Comments:
20. YES ❑ NO ❑ Provided access, as requested, for inspection of construction sites
NA ❑ under the control of the Secondary Permittee during the land disturbing
activity and/or construction period. (Required after initial date of permit
coverage, S6.D.4.e)
Comments:
August 1, 2014 Appendix 4: ,Secondary Perinittee Annual Report Page 4 (?/'10
Eastern Washington Phase II Municipal Stormwater Permit
S6.D.5 Post -Construction Stormwater Management for New Development and
Redevelopment
21. YES ❑ NO ❑ Complied with all relevant ordinances, rules, and regulations of the local
jurisdiction(s) that govern post -construction stormwater pollution
prevention activities, including proper operation and maintenance of the
MS4. (Required after initial date of permit coverage date, S6.D.5.a)
Comments:
22. YES ONO ❑ Coordinated with local jurisdiction regarding projects owned or operated
by other entities which discharge into the Secondary Permittee's MS4.
(Required after initial date of permit coverage, S6.D.5.b)
Comments:
S6.D.6 Pollution Prevention and Good. Housekeeping for Municipal Operations
23. YES ❑ NO ❑ Implemented an Operation and Maintenance program. (Required no later
than three years from initial date of permit coverage, S6.D.6.a)
Comments:
24. YES ❑ NO ❑ Established and implemented maintenance standards for Stormwater
collection and conveyance systems as described in S6.D.6.a.i. (Required
no later than three years from initial date of permit coverage, S6.D.6.a.i)
Comments:
25. YES ❑ NO ❑ Conducted spot checks of potentially damaged permanent stormwater
facilities after major storms.
(Required no later than three years from initial date of permit coverage,
S6.D.6.a.i)
Comments:
26. YES ❑ NO ❑ Developed and implemented a Stormwater Pollution Prevention Plan
(SWPP) for material storage areas, heavy equipment maintenance or
storage yards not covered by another NPDES permit that authorizes
stormwater discharges associated with the activity. (Required no later than
three years from initial date of permit coverage, S6.D.6.a.vi)
Comments:
Augus! 1, 2014 Appendix 4:.Secondar)� Permittee Annual Report Page 5 of'10
Eastern Washington Phase II Municipal Stormwater Permit
27. YES NO ❑ Have NPDES permit coverage for Stormwater Discharges Associated with
NA ❑ Industrial Activities for all applicable industrial facilities operated by the
Permittee, or another NPDES permit that authorizes surface water
discharges associated with the activity. (Required after initial date of
permit coverage, S6.D.6.b)
Comments:
28. YES ❑ NO ❑ Implemented a program designed to train staff to carry out the Operations
and Maintenance plan as described in S6.D.6.d.
(Required by three years from initial date of permit coverage)
Comments:
S7. Compliance with Total Maximum Daily Load Requirements
29. YES NO Is there an approved Total Maximum Daily Load (TMDL) applicable to
stormwater discharges from a MS4 owned or operated by the Permittee?
(S7)
Comments:
30. YES NO ❑ Complied with the specific requirements identified in Appendix 2. (S7.A)
NA ❑
Comments:
31. YES ❑ NO ❑ Attached status report of TMDL implementation. (STA)
NA ❑
Comments:
General Conditions
32. YES ❑ NO ❑ Notified Ecology of the failure to comply with the permit terms
NA and conditions within 30 days of becoming aware of the non-compliance.
(G20)
Comments:
33. YES ❑ NO ❑ Notified Ecology inunediately in cases where the Permittee becomes
NA ❑ aware of a discharge into or from the Permittee's MS4 which may
constitute a threat to human health, welfare, or the environment. (G3 }
Comments:
August 1, 2014 Appendix 4: Secondary Pern itlee Annual Report Page 6 of 10
Eastern Washington Phase Il Municipal Stormwater Permit
34. YES ❑ NO ❑ Took appropriate action to correct or minimize discharges into or from the
MS4 which could constitute a threat to human health, welfare, or the
environment. (G3.A)
Comments:
S4 Compliance with Standards
35. YES NO ❑ If applicable, attached a summary of the status of implementation of any
NA ❑ actions taken pursuant to S4.F, and the status of any monitoring,
assessment, or evaluation efforts conducted during the reporting period.
(S4.F.3.d)
Comments:
A. information Collection (S8.B)
List below the results of information collected and analyzed by the MS4 during the reporting
period, including monitoring data (if any) or monitoring -related studies and how to contact the
MS4 for additional information. In addition, summarize the results of information collected by
another entity and indicate how more complete information can be obtained.
August 1, 2014 Appendix 4: Secondw)) Pern illee Annual Report Page of 1(1
Eastern Washington Phase H Allunicipal Storn7ii ater Permit
APPENDIX 5 - Notice of Intent (NOI) for Coverage
under a National Pollutant Discharge
DEPARTMENT OF Elimination System NPDES
ECOLOGY y }
State of Washington Municipal Stormwater General Permit
Introduction
This form must be used by all entities seeking initial coverage under one or more of the following
municipal separate storm sewer permits:
■ Phase I Municipal Stormwater Permit — "National Pollutant Discharge Elimination System
and State Waste Discharge General Permit for Discharges from Large and Medium Municipal
Separate Storm Sewer Systems"
Western Washington Phase II Municipal Stormwater Permit — "National Pollutant
Discharge Elimination System and State Waste Discharge General Permit for Discharges from
Small Municipal Separate Storm Sewers in Western Washington"
■ Eastern Washington Phase II Municipal Stormwater Permit — "National Pollutant
Discharge Elimination System and State Waste Discharge General Permit for Discharges from
Small Municipal Separate Storm Sewers in Eastern Washington"
The Department of Ecology (Ecology) will use the information provided to determine if coverage
under one or more of the above municipal stormwater general permits is required and/or appropriate.
Please answer all questions accurately and completely. If a question does not apply, answer NA to that
question. See instructions at the back of the form for more information.
Operators of municipal separate storm sewer systems (MS4s) seeking permit coverage must complete
this application and return it to Ecology. You may print this form and complete it by hand, or
download the form from Ecology's Web site and fill it out electronically. The form is available at:
www.ccv.wa.gov/biblio/ecy07O2O7.htm].
A certified signature is needed to complete the application. Please reference supporting documents in
the text and attach as necessary.
Mail completed NOI to:
Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
Ecology will send each applicant an acknowledgment of receipt. If you have questions about this
application, please contact the appropriate Ecology employee listed at
www.ec .wa. ov/ ro ams/w /stonnwater/munici al/municontacts.html , or call Ecology's Water
Quality Program at 360-407-6600.
August 1, 2014 Appendix 5 - Afoticc of Intens for Coivrage Page 1 of 5
Eastern 14'ashington Phose 11 A9unicipal Sfornrw,ater Pei -mit
Part 1 - Owner/Operator Information
A. Applicant Information
Name of city, county, or special district:
Mailing Address:
PO Box (Optional) :
City:
State: Zip:
B. Responsible Official or Representative
Name:
Title:
Phone:
Email:
Mailing Address:
PO Box (Optional)
City: State: Zip:
C. Billing Address, if different
Name:
Mailing Address:
PO Box (Optional) :
City:
State:
Zip:
D. Primary Contact Person
Name:
Title:
Phone No. Business: Ext.
Email:
Fax No. (Optional):
Mailing Address:
PO Box (Optional):
City:
State:
Zip:
August 1, 2014 Appendix 5 - Notice of 1nfoit f n- Coverage Page 2 of 5
Eastern Washinglon Phase H Municil)al Storniwater Perinit
E. Ownership Status
check appropriate box
❑ City or Town
❑ County
❑ Federal
❑ Federally -recognized Indian Tribe
Special Purpose District:(secondary permittee)
❑ Diking/drainage district ❑ Port
❑ Flood control district ❑ University i
❑ Public school district ❑ Park district
❑ State agency (give name)
❑ Other (please describe)
Part 2 — Permits under which the applicant is requesting coverage (see instructions)
❑ Phase I Municipal Stormwater Permit
❑ Western Washington Phase II Municipal Stormwater Permit
❑ Eastern Washington Phase II Municipal Stormwater Permit
If you own or operate MS4s that are located in areas covered by more than one permit, please list the
locations of all of the MS4s for which you are requesting permit coverage.
Part 3 — Population served by the MS4
Estimated resident population (public entities that are not cities, towns, or counties also include
commuter populations) served by the MS4 within the geographic area(s) covered by the
permits:
Part 4 — Map(s)
A. Is part of the MS4 located within Indian Country (within a reservation or on land held in
trust for a tribe)? For the Puyallup reservation only, check "yes" if MS4 is located on trust
lands and "no" if any part of the MS4 is located on fee lands. ❑ Yes ❑ No
B. For special purpose districts only, attach a map or maps delineating the geographic area
served by the MS4. ❑ Attach map(s) to this form
❑ Not applicable
Part 5 — Co -Permittee information
Complete this part of the NOI only if you are applying as a Co -Permittee with another entity to
meet the requirements of the permit. Permittees that apply as Co -Permittees are responsible for
meeting permit conditions related to their discharge(s).
If you are applying with another entity or entities as Co-Permittee(s) please include, as an
attachment to this NOI, a summary of the permit obligations that will be carried out jointly among
Co -Permittees. The summary must identify the other Co-Permittec(s) and must be signed by the
other Co-Permittee(s). .
August 1, 201.1 Appme ix 5 - Notice of Inleni f )r C'owrage Page 3 of 5
Easlern Il ashrnglon Phase U Municipal Storinwaler Permit
❑ Attach a summary of joint permit obligations
❑ Summary is signed by all Co -Permittees
❑ Not Applicable
Part 6 - Relying on another entity to satisfy permit requirement(s)
Complete this part of the NOI only if you are relying on another entity to satisfy all of the
requirements of the permit. Permittees that rely on another entity to satisfy all of their permit
obligations remain responsible for permit compliance if the other entity fails to implement the
permit conditions. Permittees may rely on another entity provided:
1. The other entity agrees to take on responsibility for implementation of the permit
requirement(s),
AND
2. The other entity implements the permit requirements.
If you are relying on another entity or entities to satisfy all of the permit obligations, please include
as an attachment to this NOI a summary of the permit obligations that will be carried out by
another entity. The summary must identify the other entity or entities and must be signed by the
other entity or entities.
❑ Attach summary of permit obligations carried out by another entity
❑ Summary is signed by all other entities
❑ Not Applicable
Part 7 — Public Notice
A public notice must be published at least once each week for two consecutive weeks in a single
newspaper of general circulation in the county or city in which the district or entity is located. See
the NOI instructions for the public notice language requirements. Permit coverage will not be
granted sooner than 31 days after the date of the second public notice.
Submit the NOI and public notice to Ecology before the date of the first public notice. A copy of
the NOI and public notice may be faxed to (360) 407-6426.
Name of the newspaper that will publish the public notices:
Provide the exact dates (mm/dd/yy) that the first and second public notices will appear in the
newspaper:
Date of the first notice 1 I
Date of second notice /
.9ragusr 1, 2014 Appendix 5 - Notice of Irrtenl, for Cove rage Page 4 of 5
Eastern Washington Phase 11 Municipal Storrnwaler Permil
Part 8 - Certification
I certify under penalty of law that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. The information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
Print or type name of responsible official or representative Title
Signature of responsible official or representative
Date
If yore need this document in a format for the visually impaired, call the Water Quality Program at
360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a
speech disability can call 877-833-6341,
August 1, 2014 Appel?dix 5 - Notice of hsrew for Coverage Page 5 of 5
Eastern ff,ashinglon Phase 11 Municipal Stornnq,aler Permit
INSTRUCTIONS
These instructions will help you prepare an application, referred to as a Notice of Intent (NOI), for
coverage under a National Pollutant Discharge Elimination System (NPDES) General Permit and State
Waste Discharge Permit for stormwater discharges associated with MS4s in Washington State.
Questions?
If you have questions, please contact the Ecology employee who manages the permit in the county or
counties in which your facility or district is located available at
htt://www.ec .wa. ovl ro rams/w /stormwater/munici al/municontacts.html or, call Ecology's
Water Quality Program office at 360-407-6600, and the receptionist will direct you to a staff member
who can assist you.
Who must apply?
Federal and state law requires all operators of regulated MS4s to apply for and obtain coverage under
this permit or to be permitted under a separate individual permit, unless it qualifies for a waiver or
exemption in accordance with conditions described below (see 91ho does not need to apply?).
1. A regulated MS4 is a municipal separate storm sewer system that:
• Is located within, or partially within, the unincorporated areas of Clark, King, Pierce or
Snohomish counties; or
• Is located within, or partially within, the cites of Seattle or Tacoma; or
• Is located within the other areas defined in the permits. See list of cities and counties in Part
2 of the line -by-line instructions or Ecology's maps of permit coverage
www.ecy.wa.gov/programs/wq/stormwateL /hase 2/mal)s.html for more information on
these locations; or
• Is designated by Ecology
AND
• Discharges stormwater from the MS4 to a water of the United States; and
• Is not eligible for an exemption or a waiver.
2. All owners or operators of MS4s that meet the criteria listed above must obtain coverage under
this permit. Owners or operators of MS4s may also include, but are not limited to: public flood
control districts, public diking, and drainage districts, public schools including universities, and
correctional facilities that own or operate an MS4 serving non-agricultural land uses.
3. If Ecology determines the MS4 is a significant source of pollution to surface waters of the state,
Ecology may require any other operators of small MS4s to obtain permit coverage. Ecology
will notify the affected MS4 that permit coverage is required by issuing an administrative order
(see RCW 90.48).
Who does not need to apply?
If either of the following conditions applies, state and federal laws do not require a MS4 to obtain
permit coverage:
If the portions of the MS4 located within the census defined urban area(s) that discharge to surface
waters serve a total population of less than 1000 people * * and all the conditions below apply, then
the MS4 qualifies for a waiver and need not apply:
• The MS4 is not contributing substantially to the pollutant loadings of a physically
interconnected MS4 that is regulated by the NPDES stormwater program.
August 1, 2014 Appendix 5 - Notice ofIt71ent, for C011erage Page 1 of 6
Eastern J47ushinglon Phase 11 Municipal Slorinivater Permit
• The discharge of pollutants from the MS4 has not been identified as a cause of impairment
of any water body to which the MS4 discharges.
• In areas where an EPA approved Total Maximum Daily Load (TMDL), or water quality
improvement plan for impaired waters, has been completed, stormwater controls on the
MS4 have not been identified as being necessary.
• *In determining the total population served, cities and counties include resident populations,-
other
opulations;other public entities include resident and commuter populations as follows:
• For publicly operated school complexes including universities and colleges, the total
population served includes the sum of the average annual student enrollment plus staff.
• For flood control, diking, and drainage districts, the total population served includes
residential population and any non-residents regularly employed in the areas served by
the MS4.
Exempt MS4s are those owned or operated by:
• A federal entity, including any department, agency or instrumentality of the executive,
legislative, and judicial branch of the Federal government of the United States; or
• Federally recognized Indian Tribes located within Indian Country, including all trust or
restricted lands within the 1873 Survey Area of the Puyallup Tribe of Indians.
Federal and tribal MS4s are not covered under this permit but may need coverage under a
permit issued by the USEPA.
When to apply
Submit the NOI to the Department of Ecology on or before the date of the first public notice required
in part 7 of this NOI. Ecology must have the permit application during the public comment period
required by this NOI in order to provide the public access to the applications as required by state law
(WAC 173-226-130(5)).
Ecology cannot grant permit coverage until 31 days after the date of the second public notice.
Upon receipt of a complete NOI, Ecology will notify the applicant by mail of confirmation of coverage
under the permit. An NOI is deemed complete only after the 30 -day public comment period and all
other requested information has been supplied. Permit coverage will begin on the date specified in
Ecology's letter of confirmation.
Where to apply
Mail the signed NOI to: Washington Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
Fees
There is no application fee. Ecology will bill the applicant(s) for permit fees after permit coverage is
issued in accordance with Chapter 173-224 WAC. Call the Permit Fee Unit of Ecology at 360-407-
6425 for questions relating to permit fees.
August 1, 2014 Apl.)endix 5 - Notice of hiienr for Coverage Page 2 of 6
Eastern Washington Phase 11 Municipal SYornnvater Permit
Line -by-line Instructions
Part 1— Owner/Operator information
A. Applicant information - Fill out the name and mailing address of the city, county, or public
entity that will receive coverage under the permit.
B. Responsible Official or Representative — Fill out the name, address and contact information for
the principal executive officer or ranking elected official responsible for signing the
application. See Part 8 for more information.
C. Billing information - If a separate department or office handles billing, enter the appropriate
contact information. There is an annual permit fee associated with this permit.
D. Primary Contact person - Enter the name, title, address, phone number, and email for the
person who will be in charge of developing the stormwater management program and meeting
the stormwater permit requirements.
E. Ownership status - Check the appropriate box indicating the ownership status (e.g., city,
county, or special district type).
Part 2 -- Permit(s) under which the applicant is requesting coverage
Check the box that corresponds to the permit(s) under which you are applying for coverage. The
geographic locations covered by each permit break down as follows:
• Phase I — covers entities within, or partially within the unincorporated areas of CIark, King, Pierce,
or Snohomish counties; or the cities of Seattle or Tacoma.
• Phase II Western Washington — covers entities in the census -defined urban areas of western
Washington, and associated urban growth areas, some cities with populations over 10,000 or areas
otherwise designated by Ecology.
• Phase II Eastern Washington — covers entities in the census -defined urban areas of eastern
Washington, and associated urban growth areas, and some cities with populations over 10,000 or
areas otherwise designated by Ecology.
Note: Applicants may submit a single NOI to request coverage of all of the MS4s that they own or
operate. For example, a single NOI may be submitted to cover the main campus and any satellite
campuses of a university that may require permit coverage. Applicants requesting coverage for
multiple sites/locations must list the locations for each site/location for which coverage is being
requested. When more than one permit is checked, Ecology will consult with the applicant to
determine whether to assign all the sites to separate permits or to one permit that will provide
coverage.
Part 3 — Population served by the MS4
Provide an estimate of the population served by the MS4 within the geographic area(s) covered by the
permits. Cities, towns, and counties include only the resident population. For special purpose districts
and other public entities that are not cities, towns, or counties, the estimate must include both resident
and commuter populations. For example, a university may have a resident population of students who
live on campus and a commuter population of students and employees who commute to campus. (See
above for information on determining the commuter population in Who does not need to apply?)
Part 4 — Map requirements
A. Is part of the MS4 located within Indian Country (within a reservation or on land held in trust
for a tribe)? For the Puyallup reservation only, check "yes" if MS4 is located on trust lands and
August 1, 2014 Appendix 5 - Nolice gflnteW.for Coverage Page 3 of 6
Eastern Washinglon Phase II Municipal Stormwater Permit
"no" if any part of the MS4 is located on fee lands. The portion of the MS4 that is located on
tribal lands will not be covered under these permits.
B. For special purpose districts only, attach a map or maps delineating the geographic area served
by the MS4.
Part 5 — Co -Permittee information
Complete this part of the NOI only if you are applying with another entity as Co -Permittees to meet the
requirements of this permit. Permittees that apply as Co -Permittees are responsible for meeting permit
conditions related to their discharge(s).
If you are applying as a Co -Permittee with another entity or entities, please include as an attachment to
this NOI a summary of the permit obligations that will be carried out jointly among Co -Permittees.
The summary must identify the other Co-Permittee(s) and must be signed by the other Co-Permittee(s).
Part 6 - Relying on another entity to satisfy permit requirement(s)
Complete this part of the NOI only if you are relying on another entity to satisfy all of the requirements
of the permit. Permittees may rely on another entity provided the entity satisfies all of the requirements
it agrees to undertake (see 40 CFR 122.35(a)).
That other entity must agree to take responsibility and implement the permit requirement(s).
Permittees that rely on another entity to satisfy all of their permit obligations remain responsible for
permit compliance with those obligations if the other entity fails to implement the permit conditions.
If you are relying on another entity or entities to satisfy all of the permit obligations, please include as
an attachment to this NOI a summary of the permit obligations that will be carried out by another
entity. The summary must identify the other entity or entities and must be signed by the other entity or
entities.
Part 7 — Public notice
You must publish a public notice in a newspaper of general circulation in the county or city in which
the district or entity is located. The following sample public notice contains the required public notice
elements.
Sample Public Notice
(Name and address of municipality, district or other public entity) is seeking coverage under (select
one of the following):
■ Phase I Permit — "National Pollutant Discharge Elimination System and State Waste
Discharge General Permit for Discharges from Large and Medium Municipal Separate Storm
Sewer Systems"
■ Western Washington Phase II Permit — "National Pollutant Discharge Elimination System
and State Waste Discharge General Permit for Discharges from Small Municipal Separate
Storm Sewers in western Washington"
■ Eastern Washington Phase 11 Permit — "National Pollutant Discharge Elimination System
and State Waste Discharge General Permit for Discharges from Small Municipal Separate
Storm Sewers in eastern Washington"
The proposed permit will authorize stormwater discharges from the municipal separate storm sewer
system located in (city, town, or county). The permit requires (Name of municipality, district, or other
public entity) to develop and implement a stormwater management program that:
1. Reduces the discharge of pollutants to the maximum extent practicable.
2. Protects water quality.
3. Satisfies appropriate requirements of the Clean Water Act.
August 1, 2014 Appendix 5 - Notice a1'1nten1.1or Coverage Page 4 of 6
Eastern Washington Phase 11 Municipal Stornnwater Permit
Any person desiring to present views to the Department of Ecology concerning this application may
notify Ecology in writing within 30 days from the last date of publication of this notice.
Submit comments to:
Washington Department of Ecology
Water Quality Program
Municipal Stormwater Permits
P.O. Box 47696
Olympia, WA 98504-7696
Fax: 360-407-6426
Part 8 - Certification
An authorized person, such as a principal executive officer or ranking elected official, must sign the
certification statement.
OR
A duly authorized representative of the executive officer (or ranking elected official) may sign the
certification as long as:
1. The signatory receives written authorization from the executive officer or ranking elected
official. This document must be submitted to Ecology at the same time as the completed NOI.
2. The authorization specifies an individual or position that has responsibility for the overall
development and implementation of the stormwater management program.
If you need this document in a format for the visually impaired, call the Water Quality Program at
360-407-6600. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a
speech disability can call 877-833-6341.
Augarst 1, 200.1 Appendix 5 - Notice oflntent,for Coverage Page 5 of
Eastern Washington Phase HMunicipal Stormwater Permit
APPENDIX 6 — Street Waste Disposal
Street Waste Liquids
General Procedures:
Street waste collection should emphasize retention of solids in preference to
liquids. Street waste solids are the principal objective in street waste collection and are
substantially easier to store and treat than liquids.
Street waste liquids require treatment before their discharge. Street waste liquids
usually contain high amounts of suspended and total solids and adsorbed metals.
Treatment requirements depend on the discharge location.
Discharges to sanitary sewer and storm sewer systems must be approved by the
entity responsible for operation and maintenance of the system. Ecology will not
generally require waste discharge permits for discharge of stormwater decant to
sanitary sewers or to stormwater treatment BMPs constructed and maintained in
accordance with Ecology's Stormwater Management Manual for Eastern Washington.
The following order of preference, for disposal of catch basin decant liquid
and water removed from stormwater treatment facilities, is required.
1. Discharge of catch basin decant liquids to a municipal sanitary sewer connected
to a Public Owned Treatment Works (POTW) is the preferred disposal option.
Discharge to a municipal sanitary sewer requires the approval of the sewer authority.
Approvals for discharge to a POTW will likely contain pretreatment, quantity and
location conditions to protect the POTW.
2. Discharge of catch basin decant liquids may be allowed into a Basic or
Enhanced Stormwater Treatment BMP, if option 1 is not available.
Decant liquid collected from cleaning catch basins and stormwater treatment wet vaults
may be discharged back into the storm sewer system under the following conditions:
• The preferred disposal option of discharge to sanitary sewer is not reasonably
available, and
• The discharge is to a Basic or Enhanced Stormwater Treatment Facility. If
pretreatment does not remove visible sheen from oils, the treatment facility must be
able to prevent the discharge of oils causing a visible sheen, and
• The discharge is as near to the treatment facility as is practical, to minimize
contamination or recontamination of the collection system, and
• The MS4 owner/operator has granted approval and has determined that the
treatment facility will accommodate the increased loading. Pretreatment conditions
to protect the treatment BMF may be issued as part of the approval process.
Following local pretreatment conditions is a requirement of this permit.
August 1, 201=1 Appenifix 6 — ,SfMel Waste Disposal Page I qf'2
Draft Eastern Kashington Phase 11 Municipal Stornmti ester Permit
• Flocculants for the pretreatment of catch basin decant liquids must be non-toxic
under the circumstances of use and must be approved in advance by the Department
of Ecology.
The reasonable availability of sanitary sewer discharge will be determined by the
Permittee, by evaluating such factors as distance, time of travel, load restrictions, and
capacity of the stormwater treatment facility.
3. Water removed from stormwater ponds, vaults and oversized catch basins may
be returned to the storm sewer system. Stormwater ponds, vaults and oversized catch
basins contain substantial amounts of liquid, which hampers the collection of solids and
pose problems if the removed waste must be hauled away from the site. Water
removed from these facilities may be discharged back into the pond, vault or catch
basin provided:
• Clear water removed from a stormwater treatment structure may be discharged
directly to a down gradient cell of a treatment pond or into the MS4.
• Turbid water may be discharged back into the structure it was removed from if
the removed water has been stored in a clean container (eductor truck, Baker
tank or other appropriate container used specifically for handling stormwater or
clean water); and
- there will be no discharge from the treatment structure for at least 24 hours.
The discharge must be approved by the storm sewer system owner/operator.
Street Waste Solids
Soils generated from maintenance of the MS4 may be reclaimed, recycled or reused
when allowed by local codes and ordinances. Soils that are identified as contaminated
pursuant to Chapter 173-350 WAC shall be disposed at a qualified solid waste disposal
facility.
August 1, 2014 Appendix 6 — Street Waste Disposal Page 2 of 2
Eastern Washington Phase 11 Municipal Stormwater NPDES Permit Overview — 2014 to 2014
The timelines below provide an overview of major program components deadlines (By Date means"...no later than...") for implementing permit
requirements of S5 Stormwater Management Program (SWMP) for Continuing City, Town and County Permittees. Other permit elements are
listed on the next page. This is guidance only: please see the permit for additional detail and related requirements.
S5 Program
August 1, 2014 Ongoing
2015
2016 , .
2017.
2018
Jan -July 31, 2019
Component
program implementation
A. Stormwater
Continue to track costs, actions
By March 31:
Management
and activities. Continue required
annual report
Plan
internal and suggested external
includes
coordination and SWMP plan
description of
submittal wlannual report. Update
internal
SWMP Plan annually,
coordination
8.1 Public
Continue to implement public education and outreach program strategy and activities. The strategy shall be designed to reach all target audiences in the
Education and
jurisdiction.
outreach
B.2 Public
Continue to provide ongoing opportunities for the public to participate in SWMP decision-making. Post online annual reports and SWMP Plan for previous
Involvement
calendar year by 5131 of each year.
B.3 Illicit
Continue implementing the
By Dec 31: Field
By Feb 2: Update
Discharge
enforceable mechanism to prohibit
screen at least 40%
ordinance if needed.
Detection and
illicit discharges, compliance
of MS4 & on
Elimination
strategy, IDDE and municipal staff
average 12% each
(IDDE)
training, citizen hotline and IDDE
year thereafter.
response, and maintain map of
MS4.
B.4 Construction
Continue implementing and enforcing program to reduce pollutants from construction activities, including ordinance, providing information to construction
Site Stormwater
operators on training; site plan review and permitting, inspections, training.
Runoff Control
B.6 Post-
Continue to implement ordinance
By Dec 31: Update SW
By March 31:
construction
addressing post -construction
code if needed to allow
Submit summary of
Stormwater
runoff controls; site plan review
LID; require runoff retention
criteria defining
Management for
and permitting, requiring long-term
onsite or regional facilities
infeasibility or cite
New
maintenance; inspections; staff
for 10 -yr, 24 -hr storm;
criteria in regional
Development and
training; and enforcement.
develop infeasibility criteria.
LID manual.
Redevelopment
B.6 Municipal
Continue implementation of MS4
By August 1: Review and
By Dec 31: Inspect
Achieve 95% of every -
Operations and
O&M plan; inspect SW treatment
if needed, update the O&M
all catch basins or
two-year inspections for
Maintenance
and flow control facilities every two
plan.
document
municipal stormwater
years; spot checks; O&M and
alternatives if used.
treatment and Now
SWPPPs for municipal lands and
Plan to complete
control facilities (except
facilities; staff training .
inspections every 2
catch basins).
ears thereafter.
Department of Ecology
February 19, 2013
S8 Monitoring and Assessment
S8 Monitoring
August 1, 2014 1 2015 2016 2017 . . 2018 July 31, 2019
S6.A
Continue to provide description in each annual report of stormwater monitoring or stonTwater- related studies conducted by permittee or others (emept if
S7 Compliance with Total Maximum Daily Load (TMDL)
Requirements
related to S&B or S8.C).
B. and C.
Permittees collaborate to: review effectiveness study
By June 30: EWA
By June 30: Each
Within 6 moa of Ecy approval: Lead Entities
Effectiveness
ideas, define sub-regions/groups and potential
permittees collaborate
lead entity submits 8
submit QAPPs for combined total of 8 to12
Studies
partnerships, compile list of 12-15 study ideas for EWA
to submit ranked list of
to 12 detailed study
studies for Ecology review/approval.
and identify lead entity for each.
12 to 15 study ideas
proposals to Ecology
Within 6 mos of QAPP approval: Lead
for EWA, and for each
for reviewlapproval.
entities begin to implement at least 4 studies.
idea a summary of
Within 15 mos of QAPP approval: Lead
data collection needed,
entities begin to implement remaining studies.
lead entity, and
Within 6 moa of completing each study:
participating
Submit report and recommendations to
permittees.
Ecology.
By March 31 each year: Each permittee
+
describes participation in annual report.
By 6 months from data -collection or end of
water year (whichever is later): Enter data
into Environmental Information Management
EIM database.
Other sicinificant elements of the ermlit: This is guidance only; see the permit for additional detail and related requirements.
S1 Application for coverage
Co -Permittees can end or amend agreements at any time.
S4.F Response to violations of Water Quality Standards
Notification and possible adaptive management may occur at any time.
S7 Compliance with Total Maximum Daily Load (TMDL)
Requirements
Comply with applicable TMDL requirements listed in Appendix 2 per individual timelines.
S9 Reporting
Keep all records related to the permit for at least five years.
Beginning March 31, 2016, submit a report for the previous calendar year using WAWebDMR or
form provided by Ecology.
G3 Notification of Discharge Including Spills
Report to Ecology within 24 hours any discharge into or from the MS4 which could constitute a
threat to human health, welfare or the environment.
G.18 Duty to Reapply
Apply for permit renewal no later than Feb. 2, 2018 (180 days before permit expiration).
G20 Non-compliance Notification
Notify Ecology within 30 days of becoming aware of permit non-compliance.
Department of Ecology
February 19, 2013
EXHIBIT 3: 2014 WADOE PETITION CRITERION
Page 6 of 8
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
P[) Ha% 47600 •Olympia, WA 98504-7600 •360-407-6000
711 h)r Waihingtem belay Service • Persons with a speech disahility can call 877-83.3-6341
January 17, 2007
Petition Criteria
The process to get additional areas covered under the permits
The factors Ecology will consider in evaluating municipal separate storm sewers include, but are
not limited to, the factors listed below. Ecology's evaluation will be on a case by case basis, and
in the exercise of its discretion Ecology may rely on other factors to evaluate municipal separate
storm sewers. The factors listed below are provided to give potential petitioners guidance
regarding the factors Ecology will typically consider, but are not intended to restrict Ecology's
exercise of its discretion.
Factor 1: Does the municipal separate storm sewer discharee stormwater to impaired or
sensitive waters?
Ecology will consider whether the municipal separate storm sewer discharges to
impaired or sensitive waters that need protection to maintain or restore uses.
• "Impaired waters" are Clean Water Act section 303(d) -listed water bodies.
• "Sensitive waters" include public drinking water intakes and their designated
protection areas; designated public swimming areas; shellfish beds; State -
designated Outstanding Resource Waters; National Marine Sanctuaries; State
Aquatic Reserves; and waters determined to be critical habitat for threatened or
endangered species.
Ecology will also consider whether stormwater management practices are likely to
contribute to the necessary protective and/or restoration measures for the water body of
concern, e.g. if the impairment is due to a constituent of concern in stormwater.
Constituents of concern in stormwater typically include: arsenic, cadmium, copper,
chromium, lead, zinc, heat, oil and grease, organic toxins, oxygen -demanding organics,
nutrients, sediments, bacterial/viral agents and other pathogens.
Factor 2: Is the municipal separate storm sewer a significant contributor of pollutants to
waters of the United States?
Ecology will consider whether the activities that take place in the municipal separate
storm sewer contribute a loading of pollutants that are considered to be sufficient to
cause or exacerbate the deterioration of receiving water quality or instream habitat
conditions. This consideration will be based on best available science and readily
available information. The types of information or metrics that may be considered and
applied include, but are not limited to:
• Water quality monitoring data;
• Landscape metrics such as total impervious surface area, road network density, or
number of stream crossings by roads;
Modred Oclober 13, 2014
• Quantification of the vehicular traffic in the municipal separate storm sewer at
levels that would correspond to a high pollutant loading in stormwater discharges;
Other indications of increased potential for stormwater pollutant loading,
including a large non-resident population (such as seasonal or year-round tourism,
university students, adjacent military bases, or other types of commuters) or high-
use commercial traffic areas.
Factor 3: Does the municipal separate storm sewer serve a substantial population or area?
Management of stormwater runoff from growing municipal separate storm sewers is a
primary goal of the regulations. High growth may be measured by a rate of increase in
population, or directly by the number of people added, or by the increase in the amount
of impervious surfaces in the municipal separate storm sewer. Ecology will evaluate
whether the municipal separate storm sewer has experienced high growth by one or
more of the following measures:
• Residential population has grown or is projected to grow by a rate of 15% (the
average rate of growth in Washington State from 1990-2000) or more within a 10
year period; this applies only to municipal separate storm sewers serving a
minimum population of 1,000.
• The municipal separate storm sewer is projected to serve a population of 10,000
or more outside an Urbanized Area, or a population of 1,000 or more inside an
Urbanized Area, when the next census takes place. (Note: Municipal separate
stone sewers that met this criterion for the 2000 census have already been
designated by Ecology as regulated municipal separate storm sewers.)
• The amount of total impervious area served by the municipal separate storm
sewer has increased by a rate of 10% or more within a 10 year period; this applies
only to municipal separate storm sewers serving a minimum population of 1,000.
Ecology's determination will be based on the best available information, including the
latest U.S. Census Bureau or State of Washington Office of Financial Management
data.
Factor 4: Is the municipal separate storm sewer contiguously located to an already regulated
municipal storm sewer?
Potential impacts on a neighboring regulated municipality and shared water bodies will
be considered for jurisdictions that are directly adjacent to an already regulated
municipal separate storm sewer.
Factor 5: Is the municipal separate storm sewer physically interconnected to another, ahead
regulated municipal storm sewer?
If a municipal separate stone sewer is physically interconnected to another municipal
separate stone sewer that is regulated by the NPDES stormwater program and
contributes substantially to the pollutant loading in the regulated municipal separate
storm sewer, then it must be designated as a "regulated municipal separate storm
sewer." Ecology will determine whether the physically interconnected municipal
separate storm sewer contributes substantially to the pollutant loadings of the already
regulated municipal separate storm sewer.
To determine whether a physically interconnected municipal separate storm sewer is a
"substantial contributor" to the regulated municipal separate storm sewer, Ecology will
consider the following factors and any other factors Ecology's determines are
appropriate:
Modified October 13, 2014 2
• The total contributing area of the candidate municipal separate storm sewer;
• What portion of the receiving regulated municipal separate storm sewer's
discharge is contributed by the interconnected candidate municipal separate storm
sewer; and/or
• What portion of the municipal stormwater discharge to the receiving water body
is contributed by the interconnected candidate municipal separate storm sewer.
Factor 6: Are the water quality impacts of the municipal separate storm sewer already being
addressed under other regulations or programs?
A designated "regulated municipal separate storm sewer" may be determined to be
exempt from the requirement for permit coverage if the stormwater runoff from the
municipal separate storm sewer is effectively addressed by other water quality
programs. Ecology will consider, on a case-by-case basis, whether the stormwater
runoff from a potentially designated "regulated municipal separate storm sewer" is
effectively addressed under other regulations or programs.
Information in support of this criterion should be provided directly to Ecology by the
candidate municipal separate stone sewer and should include a description of each of
the following elements of the stormwater management program to prevent and
minimize pollutant runoff:
• Public education and involvement: actions to promote greater understanding and
support of stormwater management activities among various audiences within the
local community and to involve them in the program planning process.
• Illicit discharge detection and elimination: actions to identify and reduce non-
stormwater discharges to the municipal separate storm sewer.
Y Construction stormwater runoff control: specific actions to prevent discharge of
sediment and other construction -related pollutants from entering the municipal
separate storm sewer.
• Post -construction stormwater management: specific actions to control stormwater
runoff from new development and redevelopment projects.
Pollution prevention and good housekeeping for municipal operations: specific
actions to reduce pollutant loading in stormwater runoff from publicly -owned
roadways, parking areas, maintenance and storage yards, waste transfer stations,
parks, and other areas.
• Special actions to address local water quality problems, such as monitoring,
retrofitting, or basin planning, being undertaken by the jurisdiction.
• Record-keeping and program evaluation to adaptively manage the program and
report to the public on stormwater management activities.
The descriptions should include budget and staff allotments, scheduled inspection and
maintenance activities, and copies of adopted ordinances or other rules supporting the
actions.
Submit Petitions to :
Abbey Stockwell
Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
Phone: (360) 407-7221; Fax: (360) 407-6426; E-mail: abst461Aecy.wa.ggv
Modified October 13, 2014 3
EXHIBIT 4: PW DATA REQUEST RESPONSE TO WADOE
Page 7 of 8
EXHIBIT 5:2014 EASTERN WASHINGTON MS4 PERMITTED CITIES AND
COUNTIES
Page 8 of 8
Washington State Department of Ecology - Municipal stormwater general permits
(WSDOT) Municipal5tormwater Permit
The WSDOT municipal stormwaterep rmit regulates discharges from state highways, rest areas, park-
and-ride lots, ferry terminals, and maintenance facilities within the urbanized areas of the state.
Who's covered under the municipal stormwater
permits?
Asotin
Clarkston
East Wenatchee
Ellensburg
Kennewick
Moses Lake
Pasco
Pullman
Richland
Selah
Spokane
Spokane Valley
Sunnyside
Union Gap
Walla Walla
Wenatchee
https://ecology,wa.gov/... ns-Permits/Permits-certifications/Stormwater-general-permits/Municipal-stormwater-general-permits#municoverage[3/21/2018 2:30:42 PM]
Washington State Department of Ecology - Municipal stormwater general permits
Asotin County
Chelan County
.Douglas County
Guidance
For guidance about applying, changing, or implementing and complying with your municipal stormwater
permit see the municipal stormwater guidance page. Stormwater manuals provide stormwater permit
implementation and management guidance. For more general stormwater permit guidance, see the
stormwater guidance page.
Frequently asked questions
Have a question? Check out our frequently asked questions page _
Stormwater monitoring
Are our permits successful at preventing or reducing pollution from stormwater runoff? Check out the
Stormwater Action Monitoring program and our other results on the Stormwater monitoringpage.
2019 Municipal Stormwater Permit reissuance
Next steps and reissuance timeline
https://ecology.wa.gov/... ns-Permits/Permits-certifications/Stormwater-general-permits/Municipal-stormwater-general-permits#municoverage[3/21/2018 2:30:42 PM]