Item Number:  6b reso_______
Meeting Date:  October 23, 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   Resolution No. 3596 is hereby repealed. 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

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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. 
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62                                               Port Commission 












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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. 

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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 

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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. 

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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. 






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