RES 1285-4
RESOLUTION NO.!Z ?5
A RESOLUTION approving the proposed settlement of the
remaining issues in the administrative appeal of the 2013-2018
National Pollutant Discharge Elimination System (NPDES )Phase
II Permit.
WHEREAS,in September 2012,the City Council authorized the City of Camas to join a
coalition of local governments in filing an administrative appeal of the 2013-2018 National
Pollutant Discharge Elimination System (NPDES )Phase II Permit with the Washington State
Pollution Control Hearings Board (PCHB );and
WHEREAS,in October 2013,the PCHB held a consolidated hearing on appeal issues held in
common by both appealing Phase I and Phase II permittees and a ruling is expected on those issues
within the month;and
WHEREAS,the PCHB scheduled a hearing on the remaining appeal issues in April 2014;and
WHEREAS,in anticipation of the next hearing,the Coalition along with Washington State
Department of Transportation and King County explored settlement opportunities with the
Washington State Department of Ecology (DOE);and
WHEREAS,DOE has agreed to either issue new guidance documents and make
modifications to the 2013-2018 NPDES Phase II Permit language to clarify or amend definitions at
issue;and
WHEREAS,the proposed settlement includes clarifications that will :narrow the scope and
cost to permit holders;decrease the number of potential locations for water quality violations;and
limit the possibility of third -party claims for water quality violations;and
WHEREAS,the Coalition of Local Governments must notify DOE by January 31 ,2014,as to
whether it will accept the settlement proposal ;and
WHEREAS,the City Council finds that the proposed settlement is in the best interest of the
City of Camas and wishes to accept the proposed settlement of the remaining issues in the appeal of
the 2013-2018 NPDES Phase II Permit;
NOW ,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAMAS
AS FOLLOWS :
Section I
The City Administrator of his designee is authorized to execute a settlement of the remaining
issues in the appeal of the 2013-2018 NPDES Phase II Permit including changes to definitions
substantially in the form shown in Exhibit A,and incorporated by this reference.
Resolution No./325 Page -2
ADOP TED by the Council ol the City of Camas and approved by the Mayor this <3^day of
,2014.OJU.v J LSIGNED:
Mayor
ATTEST:
ClerkAPPROVEDastoform:
/
City Attorney
Proposed Changes to Definitions for Outfall &Receiving Waters and
Addition of Discharge Point Definition
As Agreed To by Phase II Coalition/Appellant and Ecology Representatives 12/9/13
With accompanying explanatory notes
A.“Outfall7’means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves the
permittee ’s MS 4 and enters a receiving waterbody or receiving waters.Outfall also includes the
permittee’s MS 4 facilities/BMPs designed to infiltrate stormwater .
Explanatory notes for “outfall”(to be converted into guidance):
•“a point source as defined by 40 CFR 122.2”=limits outfalls as “discernible,confined and
discrete conveyances”
•“at the point where”~further modifies “discernible,confined and discrete conveyances”to a
discernible,confined and discrete point;excludes stormwater conveyances that have no
outlet,such as dispersion BMPs
•“a discharge”=applies not only to stormwater but also to illicit discharges
•“leaves the permittee’s MS4”-intentionally possessive to a single MS4 permittee,not a
group MS4 of permittees;excludes private and unregulated public stormwater systems for the
purposes of its use in this permit.It is likely that municipalities will want to identify private
or unregulated public outfalls in order to have a comprehensive understanding of drainage
within their jurisdiction.
•“and enters a receiving waterbody or receiving waters.”-see definition of receiving
waterbody and receiving waters (e.g.,surface water and groundwater)
•“Outfall also includes the permittee’s MS 4”=intentionally possessive to a single MS4
permittee,not a group of MS4 permittees;excludes private and unregulated public
stormwater systems for the purposes of its use in this permit.It is likely that municipalities
will want to identify private or unregulated public outfalls in order to have a comprehensive
understanding of drainage within their jurisdiction.
•“facilities/BMPs”-broad use of the term “facilities/BMPs”to accommodate a wide range of
infiltration facilities including any pre-existing facilities and retrofit facilities;not limited to
“stormwater treatment and flow control BMPs/facilities ”as defined in the permits .
•“designed to infiltrate stormwater.”=limits applicable infiltration facilities /BMPs to those
that are designed to infiltrate;excludes facilities /BMPs that inadvertently infiltrate,such as
ditches and swales.For the purposes of this permit,UIC facilities are categorically excluded;
however it is likely that municipalities will want to identify UIC facilities as a form of an
outfall in order to have a comprehensive understanding of drainage within their jurisdiction.
•Outfall does not include [the points where]pipes,tunnels,or other constructed conveyances
which connect segments of the same receiving waters and are primarily used to convey
receiving waters (for example:stream culverts).=excludes in-stream culverts that convey the
stream under roadways;excludes the outlets of streams that have been piped under
development areas.
B .“Receiving waterbody”or “receiving waters ”means naturally and/or reconstructed naturally
occurring surface water bodies,such as creeks,streams,rivers,lakes,wetlands,estuaries,and marine
waters,to which a discharge occurs via an outfall or via sheet/dispersed flow.Receiving waters also
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Proposed Changes to Definitions for Outfall &Receiving Waters and
Addition of Discharge Point Definition
As Agreed To by Phase II Coalition/Appellant and Ecology Representatives 12/9 /13
With accompanying explanatory notes
include ground water to which a discharge occurs via facilities/BMPs designed to infiltrate
stormwater.
Explanatory notes for “receiving waterbody”or “receiving waters”(to be converted into guidance):
•A receiving water body is not defined by the type of discharge it receives.For example,an
illicit discharge of non-stormwater can occur to receiving water.Thus,the definition does
not specify what is discharged.
•It is acceptable to retain the last use of “stormwater”because it is referring to what the
facilities/BMPs were designed to do.
•This definition does not refer to MS4 either ,because a receiving waterbody is not defined by
who discharges to it.
«The definition does not indicate that the discharge must be intentional (i .e.,to which a
discharge is directed )because a receiving waterbody is not defined by an intention to
discharge.
C.“Discharge point”means the location where a discharge leaves the permittee’s MS4 to another
permittee’s MS4 or a private or public stormwater conveyance.“Discharge point”also includes the
location where a discharge leaves the permittee’s MS 4 and discharges to ground ,except where such
discharge occurs via an outfall.
Explanatory notes for “discharge point”(to be converted into guidance):
•“the location ”-avoids circular use of “point”in the term and the definition;avoids confusion
with 40 CFR 122.2 point source
•<4where a discharge”-applies not only to stormwater but also to illicit discharges
•“leaves”=the use of discharge point in the permit is always referring to a permittee ’s
discharge from their MS 4 to something else .
•“the permittee’s MS4”=intentionally possessive to a single MS 4 permittee,not a group MS 4
of permittees
•“to”=the use of discharge point in the permit is always referring to a permittee’s discharge
from their MS4 to something else .
•“another permittee’s MS4”=applies to permitted regulated MS4s
•“or a private”=applies to private stormwater infrastructure
•“or public”=applies to non-permilled and/or non-regulated publicly owned or operated
stormwater infrastructure
•“stormwater conveyance”=broadly used to indicate stormwater infrastructure
•“and discharges to ground ,”=the discharge need not reach groundwater to be considered a
discharge to ground
•“except where such discharge occurs via an outfall.”=ties back to revised outfall definition
to prevent a situation where something is both an outfall and a discharge point;does not limit
discharge points to ground to infiltration facilities/BMPs that are designed to infiltrate;
includes facilities/BMPs that inadvertently infiltrate,such as ditches and swales;includes
stormwater conveyances that have no outlet,such as dispersion BMPs
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V.
Proposed Changes to Definitions for Outfall &Receiving Waters and
Addition of Discharge Point Definition
As Agreed To by Phase II Coalition/Appellant and Ecology Representatives 12/9/13
With accompanying explanatory notes
•The permit does not need to specify “connection point”as it uses the word “connections”in a
basic dictionary use.
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