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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 a v o m m 2 n n n'g -mow' o Uq O r 5 o r w a o 0 0 0 o n5 dR co O � DG 12 S B' v $ 8 9 g" w . N N N. N N G m z nn a '" A m > C wm m om2T B: 00 D co v o o m �wU m �� opo: Zi n m� �D N :3 6 D 5 _ m F. Y D 3 y C m�pm € mS m m yzo0 o a y o 0 V V W - } 3 7 C f ■ t t r: r 5 o r w a o 0 0 0 o n5 dR co O � DG � n 3 A tl � r 6' g• ^3 x u u y p pr — C �' m �4_ Lr � z rk O a �53� —017x3 n ;� '' ae_8,9 a 9e -.T n1 1'eS �= �a� 9a i8' s� 34 v3 cc U3 yn o . � qC �3 g yyaS P3�, �3$ °~3p p aa Uf _. g o epp gig. z36 �3� o�3 f.. 52.. ~3R w 6y3 .� - wi5 q3E pL7O �3 ' 9 4if 3 s "2 "iF L'qC 3 9' �o � _ a - y w � LL 13 S - 2 P u m n zi — Q i it P as a 8 3 e � + S n 3+ 3F O_ O 00 � 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. 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U "I . -4 U U m� Z.IUFitl C0mcH TJ •d COC rG 4imN 0 r , •.i 1 U , ri No+ 10 rrCA-1 {7 ^I C 'p •O b •O -O 'O i•I D g p O T7 A O N C O 9 p O tu .Fi P rtl TS C U m -0 C O 0-0 .O O rtl -0 C O r6 •O 9 O m -0 C O rG 't] C O H ODUrChI u ¢ W UUKC61 UU t [)U d W UUQEr{UUrC W UU+G W L)04MUUdImu0 C W L)u0 si� tlil o� ►Wr Ix6 N od b N v AfJ a b Id ppk R. A, fl. b b 7 y 'ai �+ d v W d v U U U O 0 O t 4Vi N w yV �pp OE1 h7tiFSsy[= [ Wa7rjh3 1-1 FD Ft t dov)ultnO0002zzm'n00CU � -: 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 Page 7 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 Page 11 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 Page 37 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 Page 38 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 Page 40 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]