Item Number:  6b attach
Meeting Date: October 23, 2018

1
2                A Resolution  of the Port of Seattle Commission replacing  the
3                             current   policy  prohibiting  illicit  and  non-
4                             stormwater  discharges  from  being  discharged
5                             through the stormwater system on Port of Seattle
6                             Maritime properties; providing revised definitions
7                             and  describing  fully  prohibited,  conditionally
8                             allowable,  and  permissible  discharges;  and
9                             repealing existing policy in Resolution No. 3596.
10 
11 
12            WHEREAS, on January 17, 2007, the Washington State  Department of Ecology issued the
13    Phase I Municipal Stormwater Permit ("the Phase I Permit") that regulates discharges from the
14    Port's Municipal Separate Storm Sewer System (MS4)  located within the City of Seattle or King
15    County; and 
16 
17            WHEREAS, the Phase I Permit was reissued on August 1, 2012, and subsequently
18    modified on January 16, 2015, and August 19, 2016; and 
19 
20            WHEREAS, on March 9, 2007, the Port submitted a Notice of Intent, applying for
21    coverage under the Phase I Permit and has been covered under the Phase I Permit since that
22    time; and 
23 
24            WHEREAS, Condition S6(E)(3)(b ) of the Phase I Permit requires that the Port develop
25    and adopt appropriate policies prohibiting illicit connections, illicit discharges, and illegal
26    dumping;
27 
28            WHEREAS, on March 11, 2008, the Port approved Resolution 3596 prohibiting illicit and
29    non-stormwater discharges to comply with requirements; and
30 
31            WHEREAS,  the  Port  is  now  updating  the  policy  consistent  with  State  and  City
32    requirements; 
33 
34            NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle as
35    follows:
36 
37    SECTION 1.   Resolution No. 3596 is hereby repealed. 
38 
39    SECTION 2.   A revised policy directive prohibiting illicit and non-stormwater discharges through
40    Maritime stormwater systems is hereby established as shown in Exhibit A, attached.
41 
42    SECTION 3.   The policy directive contained in Exhibit A and attached to this resolution shall be
43    labeled and catalogued as appropriate, together with other Commission Policy Directives, and

Resolution No. NNNN Illicit and non-stormwater discharges                                       Page 1 of 6

44    shall be made readily available for use by Port staff and members of the public as a governance
45    document of the Port of Seattle.
46 
47            ADOPTED by the Port Commission of the Port of Seattle at a duly noticed  meeting
48    thereof, held this _____ day of _________, 201 8 , and duly authenticated in open session by the
49    signatures of the commissioners voting in favor thereof and the seal of the commission.
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61                                              Port Commission

62                                      EXHIBIT A to RESOLUTION 3750
63                         Policy Prohibiting Illicit and Nonstormwater Discharges 
64 
65    SECTION 1.  Purpose. 
66 
67    Discharges through the Port of Seattle's Municipal Separate Storm Sewer System located within
68    the City of Seattle or King County are regulated by a Washington State Department of Ecology
69    Phase I Municipal Stormwater Permit. The purpose of this policy directive is to comply with
70    Condition S6(E)(3)(b) of the Phase I Permit, which requires that the Port develop and adopt
71    appropriate policies prohibiting illicit connections, illicit discharges, and illegal dumping. 
72 
73    SECTION 2.  Definitions. 
74 
75    When used in this policy directive, the following words and phrases shall have the meanings
76    given below unless the context in which they are included clearly indicates otherwise: 
77 
78    "Hazardous  substance"  means  any  liquid,  solid,  gas,  or  sludge,  including  any  material,
79    substance, product, commodity,  or waste, regardless of quantity, that exhibits any of the
80    physical, chemical, or biological properties described in WAC 173-303-090, WAC 173-303-101,
81    173-303-102 or 173-303-103, which may cause, or significantly contribute to, a substantial
82    present or potential hazard to human health, safety, property, or the environment when
83    improperly treated, stored, or transported, disposed of, or otherwise managed. 
84 
85    "Illicit connection" means any direct or indirect infrastructure connection to the Port of
86    Seattle's Municipal Separate Storm Sewer System that is not intended, permitted, or used for
87    collecting and conveying stormwater or non-stormwater discharges allowed as specified in this
88    policy. 
89 
90    "Illicit discharge" means any discharge to the Port of Seattle's  Municipal Separate Storm Sewer
91    System that is not composed entirely of stormwater or of non-stormwater discharges allowed
92    as specified in this policy.
93 
94    "MS4" means the Port of Seattle's Municipal Separate Storm Sewer System. 
95 
96    SECTION 3.  Scope and Applicability.
97 
98            A.  This policy directive pertains to all discharges through the Port of Seattle's MS4,
99    regardless of discharge source, including the Port of Seattle, its tenants and lease holders, and
100    members of the public.
101 
102    SECTION 4.  Responsibilities. 
103 
104            A.  The Marine Stormwater Utility Director and Maritime Stormwater Program Manager
105    are responsible for implementation and administration of this policy directive. 

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106 
107    SECTION 5.  Policy. 
108 
109            A.  Illicit  Connections  Policy.  The  construction,  use,  maintenance,  or  continued
110    existence of illicit connections to the Port of Seattle's MS4 is hereby prohibited. This prohibition
111    includes illicit connections made in the past, regardless of whether the connection was
112    permissible under law or acceptable practice at the time of connection. Illicit connections must
113    be disconnected and redirected, as necessary, to an approved discharge location. 
114 
115            B.  Illicit Discharge Policy. Illicit discharges to surface water or the Port of Seattle's MS4, 
116    whether directly or indirectly, are either fully prohibited or conditionally prohibited, as defined
117    in this section. Allowable discharges, as permitted under the Phase I Permit and the City of
118    Seattle Stormwater Code, are defined in this section. 
119 
120               (1) Fully prohibited discharges. The common substances prohibited to enter, either
121                   directly or indirectly, the Port's MS4 or a receiving water within or contiguous to
122                   Port of Seattle Maritime properties, when entering via a service drain, overland
123                   flow, as a result of a spill or deliberate dumping, or other methods, include, but 
124                   are not limited to the following: 
125 
126                   (a)   acids 
127                   (b)   alkalis including cement wash water 
128                   (c)   ammonia 
129                   (d)   animal carcasses 
130                   (e)   antifreeze, oil, gasoline, grease and all other automotive and petroleum
131                         products 
132                   (f)    chemicals not normally found in uncontaminated water 
133                   (g)   chlorinated swimming pool or hot tub water 
134                   (h)   chlorine 
135                   (i)    commercial and household cleaning materials 
136                   (j)    detergent 
137                   (k)   dirt 
138                   (l)    domestic or sanitary sewage 
139                   (m)  drain cleaners 
140                   (n)   fertilizers 
141                   (o)   filter backwash wastewater 
142                   (p)   flammable or explosive materials 
143                   (q)   food and food waste 
144                   (r)    gravel 
145                   (s)   herbicides 
146                   (t)    human and animal waste 
147                   (u)   ink 
148                   (v)   laundry waste 
149                   (w)   liquid and powdered dyes

150                   (x)   metals in excess of naturally occurring amounts, whether in liquid or solid
151                         form 
152                   (y)   painting products 
153                   (z)   pesticides 
154                   (aa)  process wastewater
155                   (bb)  sand 
156                   (cc)  soap 
157                   (dd)  solid waste 
158                   (ee)  solvents and degreasers 
159                   (ff)   steam-cleaning waste 
160                   (gg)  yard waste 
161 
162               (2) Conditionally allowable  discharges. Discharges from the sources listed below are
163                   permissible discharges only if the stated conditions are met. Even when the
164                   stated conditions are met, these discharges are prohibited if the Marine
165                   Stormwater  Utility  Director  or  Maritime  Stormwater  Program  Manager
166                   determines that the type of discharge is causing or contributing to a violation of
167                   this policy or is causing or contributing to a water quality problem. 
168 
169                   (a)   Discharges from potable water sources, including water line flushing, hyper
170                         chlorinated water line flushing, fire hydrant system flushing, pipeline
171                         hydrostatic test water, and washing of potable water storage reservoirs  are
172                         allowed only if  planned discharges are de-chlorinated to a total residual
173                         chlorine  concentration of 0.1 ppm or less, pH-adjusted if necessary, and
174                         volumetrically  and  velocity  controlled  to  prevent  resuspension  of
175                         sediments in the MS4.  No chemicals may be added, and settleable solids
176                         must be removed prior to discharge.
177                   (b)   Discharges from lawn watering and other irrigation runoff are allowed only
178                         if minimized to the maximum extent practicable. 
179                   (c)   Discharges from swimming pools, spas, hot tubs, fountains, or similar
180                         aquatic recreation facilities and constructed water features are allowed
181                         only if the discharges are dechlorinated to a concentration of 0.1 ppm or
182                         less,  pH-adjusted  and  re-oxygenated  if  necessary,  volumetrically  and
183                         velocity controlled to prevent resuspension of sediments in the MS4, and
184                         thermally controlled to prevent an increase of temperature in the receiving
185                         water. Swimming pool cleaning wastewater and filter backwash shall not
186                         be discharged to the MS4 under any circumstances. 
187                   (d)   Discharges of street and sidewalk washwater are allowed only when the
188                         surfaces are swept prior to washing, detergents are not used, and water 
189                         use is minimized.
190                   (e)   Discharges of water from routine external building washdown are allowed
191                         only when detergents are not used and water use is minimized. 
192                   (f)    Discharges of water used to control dust are allowed only when water use
193                         is minimized .

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194                   (g)   Other non-stormwater discharges may be discharged if the Port approves a
195                         stormwater pollution prevention plan that addresses control of such
196                         discharges. 
197 
198               (3) Permissible Discharges. The following list provides examples of permissible
199                   discharges. Even though generally permissible, these discharges are prohibited if
200                   the  Marine  Stormwater  Utility  Director  or  Maritime  Stormwater  Program
201                   Manager determines that the type of discharge is causing or contributing to a
202                   violation of this policy or is causing or contributing to a water quality problem. 
203 
204                   (a)   Discharges from surface waters, including diverted stream flows 
205                   (b)   Discharges of uncontaminated groundwater, including uncontaminated
206                         groundwater   infiltration   (as   defined   at   40   CFR   35.2005(b)(20),
207                         uncontaminated pumped groundwater, and rising groundwater 
208                   (c)   Discharges of air conditioning condensation 
209                   (d)   Discharges from springs 
210                   (e)   Discharges of uncontaminated water from crawl space pumps 
211                   (f)    Discharges from riparian habitats and wetlands 
212                   (g)   Discharges from approved footing drains, foundation drains, and other
213                         subsurface  drains  or,  where  approval  is  not  required,  installed  in
214                         compliance with this policy 
215                   (h)   Non-stormwater  discharges  authorized  by  another  National  Pollutant
216                         Discharge Elimination System (NPDES) permit or State Waste Discharge
217                         permit
218                   (i)    Discharges that are from emergency firefighting activities 
219                   (j)    Discharges of tracing dye used to establish or verify a drainage or sewer
220                         connection 
221 
222            C.  Illegal Dumping Policy. It is prohibited to spill, dump, release, throw, deposit, or
223    place solid waste, litter, pet and human  waste, yard waste, or hazardous substances on Port of
224    Seattle property, without permission from the port.