ORD 22-006 ORDINANCE NO. 22-006
An ORDINANCE amending certain provisions of Chapter 14.04 of
the Camas Municipal Code, revising the title to "Water Resources
Protection", and including additional Sections to address Source
Control Best Management Practices
WHEREAS, the City is identified by the State of Washington as a Western Washington
Phase II municipality as it relates to management and control of stormwater runoff so that it
does not pollute downstream waters; and
WHEREAS, the City is included in the current Phase II National Pollutant Discharge
Elimination System (NPDES) permit in accordance with the Clean Water Act; and
WHEREAS, the current Phase II NPDES permit requires the City's stormwater code
provisions include a Source Control Program for existing development to prevent and
reduce pollutants in runoff from areas that discharge to the City's stormwater system; and
WHEREAS, among other things, the program shall include inspections of pollutant
generating sources associated with existing land uses and activities at publicly and
privately owned institutional, commercial and industrial sites and to enforce the application
of and implementation of Source Control Best Management Practices.
Now therefore, the Council of the City of Camas do ordain as follows:
Section I
Chapter 14.04 of the Camas Municipal Code is hereby amended as shown in Exhibit A.
Section II
Effective Date of Ordinance. This ordinance shall take force and be in effect five (5)
days from and after its publication according to law.
PASSED BY the City Council and APPROVED by the Mayor of the City of Camas,
Washington, this Q day of Y I 2022.
4z�-e,
SIGNED: cl--Ifl", k—
Mayor
ATTEST:
City Clerk
APP OVED as to form:
City Attorney
"Exhibit A"to Ordinance 22-006
Chapter 14.04- ILLICIT ICIT DISCHARG_ES, DUMPING AND ILLICIT
ICIT
CONNECTI
WATER RESOURCES PROTECTION
14.04.010-Purpose.
The Washington State Department of Ecology(DOE)issued the Western Washington Phase II
Municipal Stormwater Permit(hereafter referred to as the DOE Permit)to designated
municipalities throughout the state on February 16,2007.DOE routinely updates and issues new
permits on a regular cycle to municipalities.The DOE Permit specifically defines what are
considered prohibited non-stormwater illicit discharges,dumping,and illicit connections.
In order to meet the Federal Clean Water Act and DOE's requirements to protect the environment,
the city has adopted regulations for identifying what is allowed and what is prohibited for
discharging into waters of the State.
The purpose of this Chapter is to protect the City's surface and groundwater quality by identifying
allowable discharges and providing minimum requirements for reducinq and controlling the
discharge of contaminants and stormwater flows.This is necessary to protect the health,safety
and welfare of the residents of the City and the integrity of the City's resources for the benefit of
all.
14.04.020-Applicability.
The provisions of this chapter shall apply to all new and existing development,public and private.
The provisions of this chapter shall also apply to the maintenance responsibility of existing
stormwater facilities.
1.Meeting the requirements of this chapter is the joint and severable responsibility of the owner(s)
of the site and the person(s)responsible for maintenance on both new and existing facilities.
2.The responsible city official is authorized to enforce the provisions of this chapter.
3.The City recognizes that the implementation of successful pollution control practices is most
likely through a pollution prevention education effort for institution sites,commercial sites,
industrial sites and the general public.The City will endeavor to provide education and technical
assistance within the constraints of available resources to show individuals how to implement
pollution control practices.
14.04.030-Statutory authority.
The city adopts this chapter as,required,under the Department of Ecology Western Washington
Phase II Municipal Stormwater Permit issued on January 17,2007,effective February 16,2007,
with an expiration date of February 15,2012.
14.04.040-Severability.
If any provision of this title or its application to any person or circumstances is held invalid,the
remainder of this title,or the application of the provision to other persons or circumstances,shall
not be affected.
14.04.050-Acronyms and definitions.
Acronyms
For the purpose of this chapter the following shall apply:
AKART All Known,Available and Reasonable method of prevention,control,
and Treatment
BMPs Best Management Practices
CWA Clean Water Act
The City City of Camas
DOE Washington State Department of Ecology
EPA U.S.Environmental Protection Agency
DOE Manual Latest edition of Ecology's 20M Stormwater Management Manual for
Western Washington
MEP Maximum Extent Practicable
NPDES National Pollutant Discharge Elimination System
DOE Permit Western Washington Phase II Municipal Stormwater Permit
PGIS Pollutant Generating Impervious Surfaces
RCW Revised Code of Washington State
CMC Camas Municipal Code
WAC Washington Administrative Code
WSDOT Manual Washington State Department of Transportation Highway
Runoff Manual
Definitions
For the purpose of this chapter the following shall apply:
AKART—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.
Best Management Practices(BMPs)—Those physical,structural and managerial practices,and
prohibitions of practices,that,when used singly or in combination,control stormwater runoff peak
flow rates and volumes and prevent or reduce pollution of surface water or groundwater.
Clean Water Act—The Federal Water Pollution Control Act(33 USC Section 1251 et seq.),and
any subsequent amendments thereto.
Director—The Public Works Department Director and/or designees.
Groundwater—Water in a saturated zone or stratum beneath the surface of the land or below a
surface water body.
Hazardous Materials—Any material,including any substance,waste,or combination thereof,
which because of its quantity,concentration,or physical,chemical,or infectious characteristics
may cause,or significantly contribute to,a substantial present or potential hazard to human health,
safety,property,or the environment when improperly treated,stored,transported,disposed of,or
otherwise managed.
Hyperchlorinated—Water that contains more than 10 mg/Liter chlorine.Disinfection of water
mains and appurtenances requires a chlorine residual of 1 Omg/L at the end of the disinfection
period.This level is well above the Maximum Residual Disinfectant Level of an annual average of
4mg/Liter chlorine for potable water.
Illicit connection-Any manmade conveyance that is connected to a municipal separate storm
sewer without a permit,excluding roof drains and other similar type connections.Examples include
sanitary sewer connections,floor drains,channels,pipelines,conduits,inlets,or outlets that are
connected directly to the municipal separate storm sewer system.
Illicit discharge—Any discharge to a municipal separate storm sewer that is not composed
entirely of stormwater except discharges pursuant to a NPDES permit(other than the NPDES
permit for discharges from the municipal separate storm sewer)and discharges resulting from fire
fighting activities.
Municipal Separate Storm Sewer System(MS4)—A conveyance or system of conveyances
(including roads with drainage systems,municipal streets,catch basins,curbs,gutters,ditches,
manmade channels,or storm drains):
1.Owned or operated by the City of Camas;
2.Designed or used for collecting or conveying stormwater;
3.Which is not part of a Publicly Owned Treatment Works(POTW)."POTW"means any device or
system used in treatment of municipal sewage or industrial wastes of a liquid nature which is
publicly owned;and
4.Which is not a combined sewer."Combined sewer"means a system that collects sanitary
sewage and stormwater in a single sewer system.
National Pollutant Discharge Elimination System(NPDES)—The national program for issuing,
modifying,revoking,and reissuing,terminating,monitoring and enforcing permits,and imposing
and enforcing pretreatment requirements,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 Department of Ecology.
Non-Stormwater Discharge—Any discharge to the storm drain system that is not composed
entirely of stormwater.
Person—Any individual,association,organization,partnership,firm,corporation,or other entity
recognized by law and acting as either the owner of a premises or as the owner's agent.
Permit—The most current version of the National Pollution Discharge Elimination System
(NPDES)Western Washington Phase II Municipal Stormwater Permit.
Pollutant—Anything which causes or contributes to pollution.Pollutants may include,but are not
limited to:paints,varnishes,and solvents;oil and other automotive fluids;nonhazardous liquid and
solid wastes and yard wastes;refuse,rubbish,garbage,litter,or other discarded or abandoned
objects and accumulations,so that same may cause or contribute to pollution;floatables;
pesticides,herbicides,and fertilizers;hazardous substances and wastes;sewage,fecal coliform
and pathogens;dissolved and particulate metals;animal wastes;wastes and residues that result
from constructing a building or structure;and noxious or offensive matter of any kind.
Premises—Any building,lot,parcel of land,or portion of land,whether improved or unimproved,
including adjacent sidewalks and parking strips.
Private system—Any element in the surface water system which is not under city ownership or
management.
Source Control BMPs–A structural or operation that is intended to prevent pollutants from
coming into contact with stormwater through physical separation of areas or careful management
of activities that are sources of pollutants.Structural Source Control BMPs are physical,structural,
or mechanical devices,or facilities that are intended to prevent pollutants from entering
stormwater.Operational Source Control BMPs are non-structural practices that prevent or reduce
pollutants from entering stormwater.
Storm Drainage System—Publicly owned facilities,including the city's municipal separate storm
sewer system,by which stormwater is collected and/or conveyed,including but not limited to any
roads with drainage systems,municipal streets,gutters,curbs,inlets,piped storm drains,pumping
facilities,retention and detention basins,natural and human-made or altered drainage channels,
reservoirs,and other drainage structures.
Stormwater—Runoff during and following precipitation and snowmelt events,including surface
runoff and drainage.
Stormwater Management Manual(SWMMWW)–Latest edition of the Stormwater Manual for
Western Washington,prepared by the Washington State Department of Ecology for use by local
governments.
Stormwater Pollution Prevention Plan—A document which describes the best management
practices and activities to be implemented by a person to identify sources of pollution or
contamination at a premises and the actions to eliminate or reduce pollutant discharges to
stormwater,stormwater conveyance systems,and/or receiving waters to the maximum extent
practicable.
Unsafe condition—Any condition or activity in the surface water system on public or private
premises which may cause pollution or does or may impede the operation or functioning of the
surface water system or which may cause damage thereto.
14.04.060-Prohibited discharges.
No person shall throw,drain,or otherwise discharge,cause or allow others under its control to
throw,drain,or otherwise discharge into the municipal storm drain system and/or surface and
ground waters,and materials other than stormwater.
A.Examples of prohibited discharges include,but are not limited to,the following:
1.Trash or debris.
2.Construction materials.
3.Petroleum products,including but not limited to,oil,gasoline,grease,fuel oil,and heating oil.
4.Antifreeze and other automotive products.
5.Metals in either particulate or dissolved form.
6.Flammable or explosive materials.
7.Radioactive material.
8.13atteries.
9.Acids,alkalis,or bases.
10.Paints,stains,resins,lacquers,or varnishes.
11.Degreasers and/or solvents.
12.Drain cleaners.
13.Pesticides,herbicides,or fertilizers.
14.Steam cleaning wastes.
15.Soaps,detergents,or ammonia.
16.Swimming pool or spa filter backwash.
17.Chlorine,bromine,or other disinfectants.
18.1-leated water.
19.Domestic animal wastes.
20.Sewage.
21.Recreational vehicle waste.
22.Animal carcasses.
23.Food wastes.
24.Bark and other fibrous materials.
251awn clippings,leaves,or branches.
26.Silt,sediment,concrete,cement or gravel.
27.Dyes.
28.Chemicals not normally found in uncontaminated water.
29.Any other process-associated discharge except as otherwise allowed in this section.
30.Any hazardous material or waste not listed above.
14.04.070-Allowable discharges.
The following examples are types of discharges which shall not be considered illegal discharges
for the purposes of this chapter unless the Director determines that the type of discharge,whether
singly or in combination with others,is causing or is likely to cause pollution of surface water or
groundwater.
A.Examples of allowable discharges include the following:
1.13roken water mains.
2.Diverted stream flows.
3.Rising ground waters.
4.Uncontaminated ground water infiltration,as defined in 40 CFR 35.2005(20).
5.Uncontaminated pumped ground water.
6.Foundation drains.
7.Air conditioning condensation.
8.Irrigation water from agricultural sources that is commingled with urban stormwater.
9.Springs.
10.Water from crawl space pumps.
11.Footing drains.
12.Flows from riparian habitats and wetlands.
13.Discharges from emergency firefighting activities.
14.04.080-Conditional discharges.
The following types of discharges shall not be considered illegal discharges for the purposes of
this chapter if they meet the stated conditions,or unless the Director determines that the type of
discharge,whether singly or in combination with others,is causing or is likely to cause pollution of
surface water or groundwater:
1.Potable water,including water from water line flushing,hyperchlorinated water line flushing,fire
hydrant system flushing,and pipeline hydrostatic test water.Planned discharges shall be de-
chlorinated to a concentration of 0.1 ppm or less,pH-adjusted,if necessary and in volumes and
velocities controlled to prevent re-suspension of sediments in the stormwater system;
2.1-awn watering and other irrigation runoff are permitted but shall be minimized;
3.De-chlorinated swimming pool discharges.These discharges shall be de-chlorinated to a
concentration of 0.1 ppm or less,pH-adjusted,if necessary and in volumes and velocities
controlled to prevent re-suspension of sediments in the stormwater system;
4.Street and sidewalk wash water,water used to control dust,and routine external building wash
down that does not use detergents are permitted if the amount of street wash and dust control
water used in minimized.At active construction sites street sweeping must be performed prior to
washing the street;
5.Non-stormwater discharges covered by another NPDES permit,provided,that the discharger is
in full compliance with all requirements of the permit,waiver,or order and other applicable laws
and regulations;and provided,that written approval has been granted for any discharge to the
storm drain system;
6.Other non-stormwater discharges.The discharges shall be in compliance with the requirements
of a stormwater pollution prevention plan(SWPPP),reviewed and approved by the city,which
addresses control of such discharges by applying AKART to prevent contaminants from entering
surface or ground water.
14.04.090-Prohibition of illicit connections.
The following connections,both past,current,and future,to the stormwater system are expressly
prohibited:
1.The construction,use,maintenance,or continued existence of illicit connections to the storm
drain system is prohibited.
2.This prohibition expressly includes,without limitation,illicit connections made in the past,
regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection.
3.A person is considered to be in violation of this chapter if the person connects a line conveying
sewage to the MS4,or allows such a connection to continue.
14.04.100—BMP Requirements
A.Best Management Practices
1.Pollutant generating sources at institutional,commercial and industrial sites are required to apply
source control BMPs listed in the SWMMWW.A BMP not included in this manual may be approved
by the Director if the proponent demonstrates that it provides equivalent effectiveness.An exemption
from the requirement to use BMPs does not provide an exemption allowing prohibited discharges.
2.In applying the source control BMPs in the SWMMWW at institutional,commercial and industrial
sites:the Director shall first require the implementation of nonstructural source control BMPs.If
these are not sufficient to prevent contaminants from entering surface and stormwater or
groundwater,the responsible official may require implementation of structural source control BMPs
or treatment BMPs,using AKART.
B.Exemptions.The following persons or entities are exempt from the provisions of this section
unless the Director determines the alternative BMPs to be ineffective at reducing the discharge of
contaminants or activities are causing a prohibited discharge:
1.Persons implementing BMPs through another federal or state regulatory or resource management
program:provided the Director may perform inspections to ensure compliance with this chapter.If
the other program requires the development of a best management practices plan,the person shall
make that plan available to the City upon request.
2.Persons engaged in the production of crops or livestock for commercial trade:provided,that such
persons shall comply with the requirements of Chapter 18.41.140.
3.Persons engaged in forest practices regulated under WAC Title 222,except for Class IV general
forest practices as defined under Chapter 222-16 WAC.
4.Persons conducting normal residential activities at property containing a single-family detached
dwelling,duplex or triplex and modifications to it on a lot approved for such use,unless the
responsible official determines that these activities pose a hazard to public health,safety or welfare:
endanger any property'or adversely affect the safety and operation of City right-of-way,utilities,
and/or other property owned or maintained by the City.
14.04.1-200-Inspection authority.
Whenever implementing the provisions of this chapter or whenever there is cause to believe that a
violation of this chapter has been or is being committed the Director is authorized to inspect during
regular working hours,or at other reasonable times,all stormwater systems to determine
compliance with the provisions of this chapter.
14.04.21-10-Existing private facility inspections.
I.Inspection Program.The Director is authorized to develop and implement an inspection program
for private drainage facilities within the city.
2.Right of Entry.An authorized representative of the utility may enter private property at all
reasonable times to conduct inspections,tests or to carry out other duties imposed by the code,
provided the utility shall first notify the property owner or person responsible for the premises.If
entry is refused or cannot be obtained,the director shall have recourse to every remedy provided
by law to secure entry.
14.04.4220-Inspection procedures.
1.Prior to making any inspections on private property,the inspector shall present identification
credentials,state the reason for the inspection and request entry.
2.If the property or any building or structure on the property is unoccupied,the inspector shall first
make a reasonable effort to locate the owner or other person(s)having charge or control of the
property or portions of the property and request entry.
3.If after reasonable effort the inspector is unable to locate the owner or other person(s)having
charge or control of the property,and has reason to believe the condition of the stormwater
system creates an imminent hazard to persons or property,the inspector may enter.
4.Unless entry is consented to by the owner or person(s)in control of the property or portion of the
property or unless conditions are reasonably believed to exist which create imminent hazard,the
inspector shall obtain a search warrant,prior to entry,as authorized by the laws of the State of
Washington.
5.The inspector may inspect the stormwater system without obtaining a search warrant provided
for in subsection 4.above,provided the inspection can be conducted while remaining on public
property or other property on which permission to enter is obtained.
14.04.1-230-Emergency conditions requiring immediate action.
Notwithstanding any other provisions of this code,whenever it appears to the director that
conditions covered by this code exist and require immediate action to protect the public health,
safety,or public resources,the director is authorized to the extent permitted by law,to enter at all
reasonable times in or upon any property,public or private,for the purpose of inspecting and
investigating such emergency conditions.
The director may without prior notice order the immediate discontinuance of any activity leading to
the emergency condition.Failure to comply with such order shall constitute a civil violation
pursuant to this chapter.
14.04. 440-300-Enforcement authority.
The Director shall administer and enforce this chapter and shall have the authority to adopt and
implement administrative procedures for such enforcement.
14.04. 310-Enforcement policy.
Enforcement action shall be taken whenever a person has violated any provision of this chapter.
The choice of enforcement action taken and the severity of any penalty shall be based on the
nature of the violation,the damage or risk to the public or to public resources,and/or the degree of
bad faith of the persons subject to the enforcement action.
14.04. 320-Enforcement orders.
The Director shall have the authority to issue to an owner or person(s)representing an owner an
order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance
with this chapter,the Stormwater Management Manual and/or other city regulations.The order
shall include:
1.A description of the specific nature,extent and time of the violation and the damage or potential
damage that reasonably might occur.
2.A notice that the violation or the potential violation cease and desist and,in appropriate cases,
the specific corrective action to be taken.
IA reasonable time to comply,depending on the circumstances.
4.Penalties that may be incurred by any owner of a stormwater system not in compliance with this
chapter.
5.An order to the owner to provide to the Director a detailed plan showing drawings and steps that
will be taken to achieve compliance within a specified time.This plan is subject to approval by the
Director.
14.04.47-0-330-Violation—Penalty.
A violation of this Chapter or Order of the Director pursuant to this Chapter shall be a civil violation
subject to a civil monetary penalty not to exceed$5,000.00 per occurrence.Each day of continued
violation shall constitute a separate violation for purposes of this penalty.Any person who,through
an act of commission or omission,aids or abets in the violation shall be considered to have
committed a violation for the purposes of the civil penalty.A civil penalty shall be due and payable
immediately upon assessment by the Court.
14.04.44W340-Enforcement procedure.
All civil penalties for violations of this Chapter shall be imposed by the Camas Municipal Court.
The Director or his designee or the city Attorney shall initiate the process for imposition of a civil
penalty by issuing a citation setting forth the nature of the violation and directing the individual to
appear before the Court at a time certain to respond to the citation.All contested proceedings
before the Municipal Court shall be heard by the judge without a jury,and the burden of proof shall
be by a preponderance of the evidence.
14.04. 350-Remediation and mitigation.
1_{A4Where appropriate,the Director shall have the authority to issue an Order of Remediation
requiring a person violating this Chapter to undertake specified actions to remediate and mitigate
damage caused by violation of this Chapter.The cost of remediation and mitigation shall be born
by the person violating this Chapter,and shall be in addition to any monetary penalties assessed
pursuant to this Chapter.
2.441n the event any person fails to comply with a remediation Order,the city may undertake
such remediation and mitigation.The cost of such remediation and mitigation shall be a lien
against the property and shall also be the personal obligation of the person committing the
violation.
3.{4Failure to comply with a remediation Order shall constitute a gross misdemeanor,and shall
be punishable by one-year in jail or a fine not to exceed$5,000.00,or by both such jail term and
fine.
14.04.400—Non-Liability
The primary obligation of compliance with this chapter shall be placed upon the person holding
title to the property.Nothing contained in this chapter is intended to be or shall be construed to
create or form a basis for liability for the City or agents for any iniury or damage resulting from the
failure of the person holding title to the property to comply with the provisions of this chapter,or by
reason or in consequence of any act or omission in connection with the implementation or
enforcement of this chapter by the City.