8a Draft Reso 3450
Item Number: 8a_reso_______ Meeting Date: October 9, 2018 1 RESOLUTION NO. 3750 2 3 A Resolution of the Port of Seattle Commission replacing the 4 current policy prohibiting illicit and non- 5 stormwater discharges from being discharged 6 through the stormwater system on Port of Seattle 7 Maritime properties; providing revised definitions 8 and describing fully prohibited, conditionally 9 allowable, and permissible discharges; and 10 repealing existing policy in Resolution No. 3596. 11 12 13 WHEREAS, on January 17, 2007, the Washington State Department of Ecology issued the 14 Phase I Municipal Stormwater Permit ("the Phase I Permit") that regulates discharges from the 15 Port's Municipal Separate Storm Sewer System (MS4) located within the City of Seattle or King 16 County; and 17 18 WHEREAS, the Phase I Permit was reissued on August 1, 2012, and subsequently 19 modified on January 16, 2015, and August 19, 2016; and 20 21 WHEREAS, on March 9, 2007, the Port submitted a Notice of Intent, applying for 22 coverage under the Phase I Permit and has been covered under the Phase I Permit since that 23 time; and 24 25 WHEREAS, Condition S6(E)(3)(b) of the Phase I Permit requires that the Port develop 26 and adopt appropriate policies prohibiting illicit connections, illicit discharges, and illegal 27 dumping; 28 29 WHEREAS, on March 11, 2008, the Port approved Resolution 3596 prohibiting illicit and 30 non-stormwater discharges to comply with requirements; and 31 32 WHEREAS, the Port is now updating the policy consistent with State and City 33 requirements; 34 35 NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle as 36 follows: 37 38 SECTION 1. Resolution No. 3596 is hereby repealed. 39 40 SECTION 2. A revised policy directive prohibiting illicit and non-stormwater discharges through 41 Maritime stormwater systems is hereby established as shown in Exhibit A, attached. 42 43 SECTION 3. The policy directive contained in Exhibit A and attached to this resolution shall be 44 labeled and catalogued as appropriate, together with other Commission Policy Directives, and Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 1 of 6 45 shall be made readily available for use by Port staff and members of the public as a governance 46 document of the Port of Seattle. 47 48 ADOPTED by the Port Commission of the Port of Seattle at a duly noticed meeting 49 thereof, held this _____ day of _________, 2018, and duly authenticated in open session by the 50 signatures of the commissioners voting in favor thereof and the seal of the commission. 51 52 53 54 55 56 57 58 59 60 61 62 Port Commission Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 2 of 6 63 EXHIBIT A to RESOLUTION 3750 64 Policy Prohibiting Illicit and Nonstormwater Discharges 65 66 SECTION 1. Purpose. 67 68 Discharges through the Port of Seattle's Municipal Separate Storm Sewer System located within 69 the City of Seattle or King County are regulated by a Washington State Department of Ecology 70 Phase I Municipal Stormwater Permit. The purpose of this policy directive is to comply with 71 Condition S6(E)(3)(b) of the Phase I Permit, which requires that the Port develop and adopt 72 appropriate policies prohibiting illicit connections, illicit discharges, and illegal dumping. 73 74 SECTION 2. Definitions. 75 76 When used in this policy directive, the following words and phrases shall have the meanings 77 given below unless the context in which they are included clearly indicates otherwise: 78 79 "Hazardous substance" means any liquid, solid, gas, or sludge, including any material, 80 substance, product, commodity, or waste, regardless of quantity, that exhibits any of the 81 physical, chemical, or biological properties described in WAC 173-303-090, WAC 173-303-101, 82 173-303-102 or 173-303-103, which may cause, or significantly contribute to, a substantial 83 present or potential hazard to human health, safety, property, or the environment when 84 improperly treated, stored, or transported, disposed of, or otherwise managed. 85 86 "Illicit connection" means any direct or indirect infrastructure connection to the Port of 87 Seattle's Municipal Separate Storm Sewer System that is not intended, permitted, or used for 88 collecting and conveying stormwater or non-stormwater discharges allowed as specified in this 89 policy. 90 91 "Illicit discharge" means any discharge to thePort of Seattle's Municipal Separate Storm Sewer 92 System that is not composed entirely of stormwater or of non-stormwater discharges allowed 93 as specified in this policy. 94 95 "MS4" means the Port of Seattle's Municipal Separate Storm Sewer System. 96 97 SECTION 3. Scope and Applicability. 98 99 A. This policy directive pertains to all discharges through the Port of Seattle's MS4, 100 regardless of discharge source, including the Port of Seattle, its tenants and lease holders, and 101 members of the public. 102 103 SECTION 4. Responsibilities. 104 105 A. The Marine Stormwater Utility Director and Maritime Stormwater Program Manager 106 are responsible for implementation and administration of this policy directive. Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 3 of 6 107 108 SECTION 5. Policy. 109 110 A. Illicit Connections Policy. The construction, use, maintenance, or continued 111 existence of illicit connections to the Port of Seattle's MS4 is hereby prohibited. This prohibition 112 includes illicit connections made in the past, regardless of whether the connection was 113 permissible under law or acceptable practice at the time of connection. Illicit connections must 114 be disconnected and redirected, as necessary, to an approved discharge location. 115 116 B. Illicit Discharge Policy. Illicit discharges to surface water or the Port of Seattle's MS4, 117 whether directly or indirectly, are either fully prohibited or conditionally prohibited, as defined 118 in this section. Allowable discharges, as permitted under the Phase I Permit and the City of 119 Seattle Stormwater Code, are defined in this section. 120 121 (1) Fully prohibited discharges. The common substances prohibited to enter, either 122 directly or indirectly, the Port's MS4 or a receiving water within or contiguous to 123 Port of Seattle Maritime properties, when entering via a service drain, overland 124 flow, as a result of a spill or deliberate dumping, or other methods, include, but 125 are not limited to the following: 126 127 (a) acids 128 (b) alkalis including cement wash water 129 (c) ammonia 130 (d) animal carcasses 131 (e) antifreeze, oil, gasoline, grease and all other automotive and petroleum 132 products 133 (f) chemicals not normally found in uncontaminated water 134 (g) chlorinated swimming pool or hot tub water 135 (h) chlorine 136 (i) commercial and household cleaning materials 137 (j) detergent 138 (k) dirt 139 (l) domestic or sanitary sewage 140 (m) drain cleaners 141 (n) fertilizers 142 (o) filter backwash wastewater 143 (p) flammable or explosive materials 144 (q) food and food waste 145 (r) gravel 146 (s) herbicides 147 (t) human and animal waste 148 (u) ink 149 (v) laundry waste 150 (w) liquid and powdered dyes Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 4 of 6 151 (x) metals in excess of naturally occurring amounts, whether in liquid or solid 152 form 153 (y) painting products 154 (z) pesticides 155 (aa) process wastewater 156 (bb) sand 157 (cc) soap 158 (dd) solid waste 159 (ee) solvents and degreasers 160 (ff) steam-cleaning waste 161 (gg) yard waste 162 163 (2) Conditionally allowable discharges. Discharges from the sources listed below are 164 permissible discharges only if the stated conditions are met. Even when the 165 stated conditions are met, these discharges are prohibited if the Marine 166 Stormwater Utility Director or Maritime Stormwater Program Manager 167 determines that the type of discharge is causing or contributing to a violation of 168 this policy or is causing or contributing to a water quality problem. 169 170 (a) Discharges from potable water sources, including water line flushing, hyper 171 chlorinated water line flushing, fire hydrant system flushing, pipeline 172 hydrostatic test water, and washing of potable water storage reservoirs are 173 allowed only if planned discharges are de-chlorinated to a total residual 174 chlorine concentration of 0.1 ppm or less, pH-adjusted if necessary, and 175 volumetrically and velocity controlled to prevent resuspension of 176 sediments in the MS4. No chemicals may be added, and settleable solids 177 must be removed prior to discharge. 178 (b) Discharges from lawn watering and other irrigation runoff are allowed only 179 if minimized to the maximum extent practicable. 180 (c) Discharges from swimming pools, spas, hot tubs, fountains, or similar 181 aquatic recreation facilities and constructed water features are allowed 182 only if the discharges are dechlorinated to a concentration of 0.1 ppm or 183 less, pH-adjusted and re-oxygenated if necessary, volumetrically and 184 velocity controlled to prevent resuspension of sediments in the MS4, and 185 thermally controlled to prevent an increase of temperature in the receiving 186 water. Swimming pool cleaning wastewater and filter backwash shall not 187 be discharged to the MS4 under any circumstances. 188 (d) Discharges of street and sidewalk washwater are allowed only when the 189 surfaces are swept prior to washing, detergents are not used, and water 190 use is minimized. 191 (e) Discharges of water from routine external building washdown are allowed 192 only when detergents are not used and water use is minimized. 193 (f) Discharges of water used to control dust are allowed only when water use 194 is minimized. Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 5 of 6 195 (g) Other non-stormwater discharges may be discharged if the Port approves a 196 stormwater pollution prevention plan that addresses control of such 197 discharges. 198 199 (3) Permissible Discharges. T he following list provides examples of permissible 200 discharges. Even though generally permissible, these discharges are prohibited if 201 the Marine Stormwater Utility Director or Maritime Stormwater Program 202 Manager determines that the type of discharge is causing or contributing to a 203 violation of this policy or is causing or contributing to a water quality problem. 204 205 (a) Discharges from surface waters, including diverted stream flows 206 (b) Discharges of uncontaminated groundwater, including uncontaminated 207 groundwater infiltration (as defined at 40 CFR 35.2005(b)(20), 208 uncontaminated pumped groundwater, and rising groundwater 209 (c) Discharges of air conditioning condensation 210 (d) Discharges from springs 211 (e) Discharges of uncontaminated water from crawl space pumps 212 (f) Discharges from riparian habitats and wetlands 213 (g) Discharges from approved footing drains, foundation drains, and other 214 subsurface drains or, where approval is not required, installed in 215 compliance with this policy 216 (h) Non-stormwater discharges authorized by another National Pollutant 217 Discharge Elimination System (NPDES) permit or State Waste Discharge 218 permit 219 (i) Discharges that are from emergency firefighting activities 220 (j) Discharges of tracing dye used to establish or verify a drainage or sewer 221 connection 222 223 C. Illegal Dumping Policy. It is prohibited to spill, dump, release, throw, deposit, or 224 place solid waste, litter, pet and human waste, yard waste, or hazardous substances on Port of 225 Seattle property, without permission from the port. Resolution No. 3750 Prohibiting illicit and non-stormwater discharges Page 6 of 6
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