City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 17D
Chapter 17D.060
Sections 17D.060.190...
 

Title 17D City-wide Standards

Chapter 17D.060 Stormwater Facilities

Section 17D.060.190 Illicit Discharge(s)
    1.  
  2. General Intent and Prohibition.

This section is enacted in compliance with state and federal regulatory requirements in the exercise of local police power. The introduction or discharge of anything into the municipal separate storm sewer system, an MS4 system, in violation of the National Pollutant Discharge Elimination System (NPDES) permit requirements, Eastern Washington Phase II Municipal Stormwater Permit (WAR04-6505) as now or hereafter amended is expressly prohibited.

  1. Objectives.

The objectives of this section are:

  1. To prevent pollutants as defined in subsection (F) of this section and as provided in applicable federal and state regulatory requirements from entering the MS4.
  1. To locate, eliminate, and prohibit illicit connections and discharges to the MS4.
  1. To improve the quality of the City’s stormwater discharges to water bodies.
  1. To promote the health, safety, and welfare for workers and the general public, provided, notwithstanding any other provision, no special duty to any special person or class of people shall ever be created. Any duty nonetheless deemed created shall be solely and exclusively a duty to the general public; and
  1. To ensure that all dischargers to the City’s MS4 as well as all other public drainage systems that convey, manage or dispose of stormwater flows into the City’s MS4 comply with the NPDES Eastern Washington Phase II Municipal Stormwater Permit (WAR 04-6505) as now or hereafter amended and local, state and federal laws and regulations and that sanctions for failure to comply are imposed.
  1. Applicability.

This section shall apply to all activities, on public or private property, which may potentially influence the MS4 drainage system in accord with the requirements of the NPDES Eastern Washington Phase II Municipal Stormwater Permit (WAR 04-6505) as now or hereafter amended. Additionally, permanent and temporary storm water management controls and facilities that flow into the MS4, constructed as part of any activities listed in this section, which are located within the City of Spokane limits, are also subject to this section.

  1. Requirement to Implement Best Management Practices.

Owners or operators of commercial/industrial facilities and private property, shall utilize and maintain operational and/or structural Best Management Practices (BMPs) associated with existing land uses and activities, as necessary to prevent illicit discharges, in accordance with the standards referenced in 17D.060.030. The Director of the Wastewater Management Department may require any person responsible for a facility or property which is or may be the source of an illicit discharge to implement additional structural and non-structural BMPs to prevent the discharge of pollutants to the stormwater drainage system.

  1. Allowable Discharges.

The following types of discharges into the MS4 may be allowed unless the Director of Wastewater Management determines that the discharge causes significant contamination of surface water, stormwater, or ground water. They are allowed only when the stated conditions are met:

  1. Treated storm water from the public right-of-way.
  1. Other discharges approved by the Director of Wastewater Management which are in compliance with permit WAR04-6505 or subsequent permits, and determined by the Director of Wastewater Management to not be a significant source of pollution.
  1. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges must be dechlorinated to a concentration of 0.1 ppm Cl or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4.
  1. Unintentional discharges from lawn watering and other irrigation runoff. A discharge is not unintentional if a previous warning has been given or the party to be held responsible knew or should have known of the warning or discharge event.
  1. Swimming pool discharges are allowed if dechlorinated to a concentration of 0.1 ppm Cl or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4; and do not surcharge the City’s system. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
  1. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The City shall reduce these discharges through public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, the City shall minimize the amount of street wash and dust control water uses. At active construction sites, street sweeping shall be performed prior to washing the street.
  1. Other non-stormwater discharges. Other non-stormwater discharges shall be in compliance with the requirements of a stormwater pollution prevention plan approved by the City of Spokane which addresses control of such discharges.
  1. discharges resulting from emergency fire fighting activities.
  1. Unlawful Discharges.

It is unlawful for any person to discharge, or cause to be discharged, directly or indirectly any pollutants into surface water, stormwater, ground water or within a stream channel or directly or indirectly into the MS4. Illicit connections to storm drainage systems and surface water bodies include sanitary sewers, process waste water discharge, process water sump pumps, and internal building drains. Pollutants include, but are not limited to, the following:

  1. Chemicals, petroleum products, paint, solvents, detergents and degreasers, or other toxic or deleterious materials in concentrations or amounts in violation of federal, state, or local standards or limits.
  1. Trash, debris, food waste, human wastes, animal wastes, or refuse.
  1. Loose or unstabilized soil, sand, gravel, or other construction materials that erode in an uncontrolled manner (freely or significantly, as distinguished from ordinary bank or soil erosion associated with storm events) into a drainage facility or stream channel.
  1. Lawn clippings, fertilizers, leaves, branches, or other landscaping and yard debris deposited in a stream channel or drainage facility; and
  1. Turbid water from construction site runoff, concrete or concrete wash out, dewatering, soil boring or other excavation activities.
  1. Enforcement.

Violations of this section shall be enforced as any other violation of this chapter.

Date Passed: Monday, October 25, 2021

Effective Date: Thursday, December 2, 2021

ORD C36116 Section 4

Section 17D.060.190 Illicit Discharge(s)
    1.  
  2. General Intent and Prohibition.

This section is enacted in compliance with state and federal regulatory requirements in the exercise of local police power. The introduction or discharge of anything into the municipal separate storm sewer system, an MS4 system, in violation of the National Pollutant Discharge Elimination System (NPDES) permit requirements, Eastern Washington Phase II Municipal Stormwater Permit (WAR04-6505) as now or hereafter amended is expressly prohibited.

  1. Objectives.

The objectives of this section are:

  1. To prevent pollutants as defined in subsection (F) of this section and as provided in applicable federal and state regulatory requirements from entering the MS4.
  1. To locate, eliminate, and prohibit illicit connections and discharges to the MS4.
  1. To improve the quality of the City’s stormwater discharges to water bodies.
  1. To promote the health, safety, and welfare for workers and the general public, provided, notwithstanding any other provision, no special duty to any special person or class of people shall ever be created. Any duty nonetheless deemed created shall be solely and exclusively a duty to the general public; and
  1. To ensure that all dischargers to the City’s MS4 as well as all other public drainage systems that convey, manage or dispose of stormwater flows into the City’s MS4 comply with the NPDES Eastern Washington Phase II Municipal Stormwater Permit (WAR 04-6505) as now or hereafter amended and local, state and federal laws and regulations and that sanctions for failure to comply are imposed.
  1. Applicability.

This section shall apply to all activities, on public or private property, which may potentially influence the MS4 drainage system in accord with the requirements of the NPDES Eastern Washington Phase II Municipal Stormwater Permit (WAR 04-6505) as now or hereafter amended. Additionally, permanent and temporary storm water management controls and facilities that flow into the MS4, constructed as part of any activities listed in this section, which are located within the City of Spokane limits, are also subject to this section.

  1. Requirement to Implement Best Management Practices.

Owners or operators of commercial/industrial facilities and private property, shall utilize and maintain operational and/or structural Best Management Practices (BMPs) associated with existing land uses and activities, as necessary to prevent illicit discharges, in accordance with the standards referenced in 17D.060.030. The Director of the Wastewater Management Department may require any person responsible for a facility or property which is or may be the source of an illicit discharge to implement additional structural and non-structural BMPs to prevent the discharge of pollutants to the stormwater drainage system.

  1. Allowable Discharges.

The following types of discharges into the MS4 may be allowed unless the Director of Wastewater Management determines that the discharge causes significant contamination of surface water, stormwater, or ground water. They are allowed only when the stated conditions are met:

  1. Treated storm water from the public right-of-way.
  1. Other discharges approved by the Director of Wastewater Management which are in compliance with permit WAR04-6505 or subsequent permits, and determined by the Director of Wastewater Management to not be a significant source of pollution.
  1. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges must be dechlorinated to a concentration of 0.1 ppm Cl or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4.
  1. Unintentional discharges from lawn watering and other irrigation runoff. A discharge is not unintentional if a previous warning has been given or the party to be held responsible knew or should have known of the warning or discharge event.
  1. Swimming pool discharges are allowed if dechlorinated to a concentration of 0.1 ppm Cl or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4; and do not surcharge the City’s system. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
  1. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The City shall reduce these discharges through public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, the City shall minimize the amount of street wash and dust control water uses. At active construction sites, street sweeping shall be performed prior to washing the street.
  1. Other non-stormwater discharges. Other non-stormwater discharges shall be in compliance with the requirements of a stormwater pollution prevention plan approved by the City of Spokane which addresses control of such discharges.
  1. discharges resulting from emergency fire fighting activities.
  1. Unlawful Discharges.

It is unlawful for any person to discharge, or cause to be discharged, directly or indirectly any pollutants into surface water, stormwater, ground water or within a stream channel or directly or indirectly into the MS4. Illicit connections to storm drainage systems and surface water bodies include sanitary sewers, process waste water discharge, process water sump pumps, and internal building drains. Pollutants include, but are not limited to, the following:

  1. Chemicals, petroleum products, paint, solvents, detergents and degreasers, or other toxic or deleterious materials in concentrations or amounts in violation of federal, state, or local standards or limits.
  1. Trash, debris, food waste, human wastes, animal wastes, or refuse.
  1. Loose or unstabilized soil, sand, gravel, or other construction materials that erode in an uncontrolled manner (freely or significantly, as distinguished from ordinary bank or soil erosion associated with storm events) into a drainage facility or stream channel.
  1. Lawn clippings, fertilizers, leaves, branches, or other landscaping and yard debris deposited in a stream channel or drainage facility; and
  1. Turbid water from construction site runoff, concrete or concrete wash out, dewatering, soil boring or other excavation activities.
  1. Enforcement.

Violations of this section shall be enforced as any other violation of this chapter.

Date Passed: Monday, October 25, 2021

Effective Date: Thursday, December 2, 2021

ORD C36116 Section 4