ORD 09-619
ORDINANCE NO. 09-619
AN ORDINANCE of the City of Federal Way, Washington, relating to
National Pollutant Discharge Elimination System Phase II Permit's Illicit
Discharge Detection and Elimination requirements; amending FWRC
Chapter 14.25, "Environmental Policy Statement"; Chapter 16.05,
"Surface Water Management in General"; Chapter 16.45, "General
Water Quality and Enforcement", Chapter 16.50, "Discharges to Federal
Way Water and Storm Drainage Systems", Chapter 16.55, "Best
Management Practices"; and adding new sections to FWRC Chapter
16.50, "Discharges to Federal Way Waters and Storm Drainage
Systems". (Amending Ordinance Nos. 04-468,09-593,99-352,90-43, and
09-597)
WHEREAS, the Washington State Department of Ecology issued the Western Washington
Phase II Municipal Stormwater Permit (NPDES Permit) on January 17, 2007 pursuant to the
requirements of the Federal Clean Water Act - National Pollutant Discharge Elimination System
(NPDES); and
WHEREAS, the NPDES Permit requires affected cities and counties, such as Federal Way, to
develop an Illicit Discharge Detection and Elimination Program consistent with the terms of the
NPDES permit; and
WHEREAS, the City recognizes the need to periodically modify its regulatory code language
within Federal Way Revised Code (FWRC), in order to conform to state and federal law, codify
administrative practices, clarify and update regulations as deemed necessary, and improve the
efficiency of the regulations; and
WHEREAS, the City needs to make both programmatic and regulatory modifications in order
to meet the requirements ofthe NPDES Permit, including revisions to water quality regulations and
regulatory manuals referenced or contained within Titles 14 and 16, and
Ordinance No. 09-619
Page 1 of 14
WHEREAS, this ordinance, containing amendments to the text of Titles 14 and 16 of the
Federal Way Revised Code (FWRC), has complied with Process VI review, Chapter 19.80 FWRC,
pursuant to chapter 19.35 FWRC; and
WHEREAS, the Planning Commission ofthe City of Federal Way conducted a study session
on these code amendments on May 6,2009; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on
these code amendments on May 20,2009, and forwarded a recommendation of approval with text
amendments to the City Council; and
WHEREAS, the Land Use and Transportation Committee ofthe City Council ofthe City of
Federal Way held a public hearing on the proposed code amendments, which included the text
amendments from the Planning Commission, on June 15, 2009, and forwarded these code
amendments to Council without a recommendation; and
WHEREAS, an Environmental Determination of Non-Significance (DNS) was issued for the
proposed code amendments pursuant to the State Environmental Policy Act (SEP A) on April 11,
2009 and no comments or appeals were received, and the DNS was finalized on May 11, 2009;
WHEREAS, the proposed regulatory code amendments will serve to better protect the City's
natural water resources (i.e. lakes, streams, wetlands and the Puget Sound); and
WHEREAS, the City Council ofthe City of Federal Way find it in the best interest of the
City to modify the regulatory code to meet the NPDES Permit requirements and that amending these
sections bears a substantial relationship to the public health and safety, or welfare of the people of
Federal Way; is consistent with the applicable provisions ofthe comprehensive plan; and is in the
best interest of the residents of the City;
Ordinance No. 09-619
Page 2 of 14
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by: providing water quality regulations consistent with federal permit
requirements; and providing improved protection to our natural waterways.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Titles 14 and 16
FWRC and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e)
FWRC.
These code amendments have followed the proper procedure required under the
Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes
the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of
the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
Ordinance No. 09-619
Page 3 of 14
NEGl To preserve the City's natural systems in order to protect public health,
safety, and welfare, and to maintain the integrity of the natural environment.
NEP18 The City shall maintain regulations and standards to carry out the Surface
Water Management Comprehensive Plan's policy of restricting stormwater runoff
from all new development and redevelopment in order to minimize the potential
for flooding and stream bank erosion, and preserve and enhance development and
redevelopment. City policies, regulations, and standards will meet the
comprehensive stormwater program requirements of the Puget Sound Plan, and
will comply with NPDES permit requirements as applicable.
(b) The proposed FWRC amendments bear a substantial relationship to the public health,
safety, and welfare because the proposed regulatory code amendments will serve to better protect the
City's natural water resources (i.e. lakes, streams, wetlands and the Puget Sound).
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because they bring the City of Federal Way in compliance with Federal
NPDES requirements and provide improved environmental protection to our natural waterways.
Section 3. FWRC 14.25.070 "State Environmental Policy Act policies." shall be amended to
read as follows:
14.25.070 State Environmental Policy Act policies.
(1) The policies and goals set forth in this chapter are supplementary to those in the existing
authorization of the city.
(2) The city designates and adopts by reference the policies in this section as the basis for the
city's exercise of authority under this chapter. The city shall use all practicable means,
consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
(c) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety or other undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of our national heritage;
Ordinance No. 09-619
Page 4 of 14
(e) Maintain, wherever possible, an environment which supports diversity and variety of
individual choice;
(f) Achieve a balance between population and resource use which will permit high
standards of living and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(3) The city recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has a responsibility to contribute to the preservation and
enhancement of the environment.
(4) The city adopts by reference the following city codes, ordinances, resolutions, plans and
policies as now exist or as may hereinafter be amended or superseded:
(a) The Federal Way Comprehensive Plan;
(b) The Federal Way Revised Code and documents adopted by reference therein,
including without limitation the following titles:
(i) Zoning (FWRC Title 19) and the official zoning map;
(ii) Subdivisions (FWRC Title 18);
(iii) Surface and Stormwater Management (FWRC Title 16);
(iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC
Title 15);
(v) Methods to Mitigate Development Impacts (FWRC Title 19, Division III); and
(vi) Solid Waste (FWRC Title 11);
(c) The Shoreline Management Guide Book (DOE);
(d) The Washington State Flood Reduction Plan (1993 DCD);
(e) Ordinances relating to Surface Water Runoff and Surface Water Management;
(f) The Lakehaven Utility District Comprehensive Sewer System Plan;
(g) The Lakehaven Utility District Comprehensive Water System Plan;
(h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan;
(i) The Federal Way Fire Department Long Range Plan;
(j) The Federal Way School District Number 210 Capital Facilities Plan;
(k) The Code of the King County Board of Health;
(1) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King
County Surface Water Management, July 1991;
(m) The King County County-Wide Planning Policies, to the extent currently adopted by
the Federal Way city council, and as may be adopted hereafter;
(n) The 2001 King County Final Comprehensive Solid Waste Management Plan;
(0) The Federal Way Comprehensive Surface Water Management Plan;
(P) Washington State Shoreline Management Act of 1971;
(q) The Puget Sound Water Quality Management Plan;
(r) The King County Division of Parks and Recreation Play Area Design and Inspection
Handbook;
(s) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared
by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc.,
under a grant from the state of Washington;
Ordinance No. 09-619
Page 5 of 14
(t) The Washington State Department of Transportation Pavement Guide, February
1995;
(u) The Highway Capacity Manual, Special Report 209, Transportation Research Board,
1997;
(v) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
(w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way
Addendum to the KCSWDM;
(x) The Stormwater Management Manual for the Puget Sound Basin, Washington State
Department of Ecology, August 2001;
(y) The King County Stormwater Pollution Control Prevention Manual and Best
Management Practices (BMP manual);
(z) The January 2002 URS Federal Way Stream Inventory; and
(aa) Planning documents not specifically listed above but referenced in the
environmental analysis of the city's comprehensive plan.
(Ord. No. 04-468, S 3, 11-16-04; Ord. No. 00-365, S 3, 3-7-00; Ord. No. 95-246, S 2, 11-21-95;
Ord. No. 93-202, S 1, 12-21-93; Ord. No. 93-184, S 1,8-17-93; Ord. No. 92-140, S 3, 6-2-92;
Ord. No. 92-137, S 1,5-5-92; Ord. No. 92-136, S 3,4-21-92; Ord. No. 92-130, S 3, 3-17-92; Ord.
No. 91-114, S 3, 12-3-91; Ord. No. 91-109, S 2, 9-17-91; Ord. No. 90-40, S 1(20.230.10,
20.230.20),2-27-90. Code 2001 ~ 18-122.)
Section 4. FWRC 16.05.110 "K definitions." shall be amended to read as follows:
16.05.110 K definitions.
"King County Storm water Pollution Control Prevention Manual (KCSPGE..MJ" also described as
the "BMP manual," means the document prepared by King County and adopted by Federal Way,
that describes best management practices, design, maintenance, procedures, and guidance.
"King County Surface Water Design Manual (KCSWDM)" means the manual (and supporting
documents as appropriate) describing surface and stormwater design and analysis requirements,
procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The
King County Surface Water Design Manual will be available from the King County department
of development and environmental services or the department of natural resources.
(Ord. No. 09-593, S 22, 1-6-09; Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-1.11.)
Section 5. FWRC 16.45.010 "Purpose." shall be amended to read as follows:
16.45.01 0 Purpose.
The purpose of this chapter is to protect the city's surface and groundwater quality by providing
minimum requirements for reducing and controlling the discharge of contaminants from
commercial, industrial, governmental, agricultural, residential and other land use activities in
Federal Way. The city council recognizes that water quality degradation can result directly from
one discharge or through the collective impact of many small discharges. Therefore, this title
prohibits the discharge of contaminants into surface water, stormwater and groundwater and
Ordinance No. 09-619
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outlines preventative measures to restrict contaminants from entering such waters, including the
implementation of best management practices (BMPs)requires the implementation of the best
known, a';ailable, and reasonable management practices to preyent the contamination of
stormwater, surface v/ater, and groundwater.
In addition, the city council also recognizes the importance of maintaining economic viability
while providing necessary environmental protection. An additional purpose of this title it to assist
in the achievement of both goals.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-35.)
Section 6. FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.030 Scope.
This chapter establishes the following water quality standards based on how the water leaves the
subject property:
(1) FWRC 16.45.040 establishes water quality standards for water that flows directly from the
subject property into a stream, a lake or Puget Sound.
(2) FWRC 16.45.050 establishes water quality standards for water that is conveyed into the
public stormwater system directly from the subject property.
(3) FWRC 16.45.060 establishes water quality standards for water that enters the groundwater
system by penetrating through the surface of the subject property.
(4) Water that leaves the subject property by conveyance directly into a sanitary sewer system
or from a septic tank system is not regulated by this title. Seattle King County Health
Department Regulation Nl:lIDber IIILakehaven Utility District Resolution, Midway Sewer
District Resolution and/or Code of the King County Board of Health, Title 13 applies to
water quality in these situations.
(Ord. No. 90-43, S 2(115.150(1)), 2-27-90. Code 2001 S 22-1196.)
Section 7. FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.040 Quality of water entering streams and lakes.
(1) Generally. The quality of any water entering any stream or lake or Puget Sound directly
from the subject property must meet the water quality standards established under the
authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which
standards are hereby incorporated by reference.
(2) Classifications. Under the authority of Chapter 173 201 V-lAC, the city hereby classifies all
streams \yithin the city as "Class }..f..," and all lakes within the eityas "Class Lake."
(Ord. No. 90-43, S 2(115.150(2)), 2-27-90. Code 2001 S 22-1197.)
Ordinance No. 09-619 Page 7 of 14
Section 8. FWRC 16.45.090 "Enforcement." shall be amended to read as follows:
16.45.090 Enforcement.
(1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC
16.55.010, if a person has properly designed, constructed, implemented, and is
maintaining BMPs according to the BMP manual, is carrying out AKAR T as required or
approved by the director, and/or has modified existing practices as specified by the
director, and contaminants continue to enter surface water, aHEl stormwater or
groundwater; or the person can demonstrate that there are no additional contaminants
being discharged from the site above the background conditions of the water entering the
site, then that person shall not be in violation of water quality provisions of this chapter.
Said person however, remains liable for any prohibited discharges through illicit
connections, dumping, spills, improper maintenance ofBMPs, or other discharges in
violation of this chapter that allow contaminants to enter surface water, aE:d stormwater or
groundwater.
(2) Additional guidanceprocedures. The director, in consultation with other departments of
Federal Way government, ~ill develop and implement additional guidance
information which describes the goals, objectives, policies, and procedures for a water
quality investigation and enforcement program. These procedures will describe how the
city will characterize, investigate and respond to reports or instances of noncompliance
with this title and shall identify by title the official(s) responsible for implementing the
enforcement procedures. These procedures will also include direction on removing the
source of discharge, notification of appropriate authorities, notification of property owner,
and the means of providing technical assistance for eliminating the discharge. In addition,
these procedures will include escalating enforcement and legal actions.
(3) Sampling and analysis. Whenever the director determines that any person has violated or is
violating the provisions of this chapter, the director may require the person responsible for
the violation to sample and analyze any discharge, surface and stormwater, groundwater,
and/or sediment, in accordance with sampling and analytical procedures or requirements
determined by the director. A copy of the analysis shall be provided to the Federal Way
surface water management division.
(4) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes an immediate and emergent threat to the public health, safety or welfare
or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the
person responsible for the violation as soon as reasonably possible after the abatement.
The costs of such summary abatement shall be recoverable via procedures for recovery of
abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code.
(Ord. No. 09-597, S 62, 1-6-09; Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-41.)
Ordinance No. 09-619
Page 8 of 14
Section 9. FWRC 16.50.010 "Illicit connections." shall be amended to read as follows:
16.50.010 Illicit connections.
No person may connect a conveyance system which was not constructed or intended to convey
precipitation runoff, or which has been converted from such usage to another use, to a storm
drainage system or groundwater infiltration system. The construction, use, maintenance, or
continued existence for illicit connections to surface water, stormwater, groundwater or the Puget
Sound is prohibited. This prohibition expressly includes, without limitation, illicit connections
made in the past, regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of construction. except that tIhe following connections or
discharges may be made:
(1) Allowable discharges as defined below;
(2) Discharges authorized by a NPDES or state waste discharge permit;
(3) Connections conveying effluent from an approved on-site sewage disposal system to its
drainfield.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-36.)
Section 10. FWRC 16.50.020 "Prohibited discharges." shall be amended to read as follows:
16.50.020 Prohibited discharges.
It is unlawful for any person to discharge contaminants into surface water, aHEl stormwater,
groundwater, or the Puget Sound. Contaminants include, but are not limited to, the following:
(1) Trash or debris;
(2) Construction materials;
(3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
(4) Antifreeze and other automotive products;
(5) Metals in either particulate or dissolved form;
(6) Flammable or explosive materials;
(7) Radioactive material;
(8) Batteries;
(9) Acids, alkalis, or bases;
(10) Paints, stains, resins, lacquers, or varnishes;
(11) Degreasers and/or solvents;
(12) Drain cleaners;
(13) Pesticides, herbicides, or fertilizers;
(14) Steam cleaning wastes;
(15) Soaps, detergents, or ammonia;
(16) Swimming pool or spa filter backwash;
(17) Chlorine, bromine, or other disinfectants;
(18) Heated water;
(19) Domestic animal wastes;
(20) Sewage;
(21) Recreational vehicle waste
Ordinance No. 09-619
Page 9 of 14
(22) Animal carcasses;
(23) Food wastes;
(24) Bark and other fibrous materials;
(25) Collected lawn clippings, leaves, or branches;
(26) Concrete and concrete by products including waste water from concrete saw cutting;
(2427) Silt, sediment, or gravel;
(~28) Dyes (except as described below under "allowable discharges");
(;6.&29) Chemicals not normally found in uncontaminated water;
(2930) Any other process associated discharge except as otherwise allowed in this section;
(WJl) Any hazardous material or waste not listed above.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-37.)
Section 11. FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows:
16.50.030 Allowable discharges.
Subject to provisions ofthe BMP manual, the following types of discharges shall not be
considered prohibited discharges for the purpose of this title unless the director or his/her
designee determines that the type of discharge, whether singly or in combination with others, is
causing pollution of surface water, aE:d stormwater or groundwater:
(1) Natural uncontaminated surface water;
(2) Diverted stream flows;
(3) Spring water;
(1) Potable water including water from water line flushing and hydrant maintenance;
(~) Uncontaminated water from crawl space pumps or footing drains;
(5) Uncontaminated pumped groundwater;
(6) Uncontaminated groundwater infiltration defined in 40 CFR 35.2005(20);
(7) Flows from riparian habitats and wetlands;
(8) Collected rainwater that is uncontaminated;
(3) Lawn watering;
(9) Irrigation water from agricultural sources that is commingled with urban stormwater;
(4) Dechlorinated swimming pool v/ater;
(~ 10) Materials placed as part of an approved habitat restoration or bank stabilization project;
(6) Natural uncontaminated sa-rface 'Nater or groundwater;
(7) Flo'.vs from riparian habitats and wetlands;
(8) Common practices for 'Hater well disinfection;
(911) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition;
(M12) Discharges resulting from dye testing authorized by the director;
(13) Air conditioning condensation;
(-1+ 14) Discharges which result from emergency response activities or other actions that must
be undertaken immediately or within a time too short to allow full compliance with this
title so as to avoid an imminent threat to public health or safety. fThe director may further
define qualifying activities in administrative guidance. The person responsible for said
emergency response activities shall take all necessary steps to ensure that the discharges
Ordinance No. 09-619
Page 10 of 14
resulting from such activities are minimized and ensure that future incidents are prevented
to the greatest extent possible-f,. In addition, this person shall evaluate BMPs and the site
plan, where applicable, to restrict recurrence:
(R,li) Other types of discharges as determined by the director.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-38.)
Section 12. A new section is added to chapter 16.50 "Discharges into Federal Way
Waters and Storm Drainage Systems" FWRC to read as follows:
16.50.040 Conditional discharees.
The following tyPes of discharges shall not be considered prohibited discharges for the purposes of
this chapter ifthey meet the stated conditions, or unless the director or his/her designee determines
that the type of discharge, whether singly or in combination with others, is causing or is likely to
cause significant contamination of surface water, stormwater or groundwater:
(1) Discharges from potable water sources, including water line flushing, hyperchlorinated
water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water that
have been de-chlorinated to a concentration of 0.1 ppm or less, pH-adiusted, if necessary,
and volumetric ally and velocity controlled to prevent resuspension of sediments to surface
water, stormwater, groundwater, or the Puget Sound:
(2) Lawn watering and other irrigation runoff. These discharges shall be minimized through. at a
minimum, public education activities and/or water conservation efforts:
(3) Discharges from swimming pools that have been de-chlorinated to a concentration of 0.1 ppm
or less, pH -adiusted and reoxygenized if necessary, and volumetric ally and velocity controlled
to prevent resuspension of sediments to surface water, stormwater, groundwater, or the Puget
Sound:
(4) Street and sidewalk wash water, water used to control dust, and routine external wash down
that does not use detergents (these discharges shall be minimized through, at a minimum,
public education activities and/or water conservation efforts):
(5) Non-stormwater discharges covered by a separate National Pollutant Discharge Elimination
System (NPDES) or State Waste Discharge permit, provided that the discharger is in full
compliance with all requirements ofthe permit, waiver, or order and other applicable laws and
regulations: and provided that written approval has been granted for any discharge to the
storm drain system:
( 6) Other stormwater discharges. The discharges shall be in compliance with the requirements of
a stormwater pollution prevention plan (SWPPP) reviewed and approved by Surface Water
Management, which addresses control of such discharges by applying AKART to prevent
contaminants from entering surface water, stormwater, groundwater, or the Puget Sound.
Section 13. FWRC 16.55.010 "Stormwater Pollution Control Manual." shall be amended to
read as follows:
Ordinance No. 09-619
Page 11 of 14
16.55.010 Stormwater Pollution Control Prevention Manual.
(1) General. The King County Stormwater Pollution ControlPrevention Manual (BMP
manual), adopted in F\VRC 16.20.020 and 16.20.030, applies to existing facilities and
activities and to new development activities not covered by the King County Surface
Water Design Manual (KCSWDM) and Federal Way Addendum to the KCSWDM. The
BMP manual describes the types of regulated activities, the types of contaminants
generated by each activity, the contaminant's affect on water quality, the required source
control BMPs, and the available treatment BMPs. The BMP manual includes information
on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP
implementation.
(2) Priority of BMP implementation. Compliance with this section shall be achieved through
the use of best management practices described in the BMP manual. In applying the BMP
manual, the director or his/her designee shall first require the implementation of source
control BMPs unless the BMP manual specifically requires treatment BMPs. If source
control BMPs (or treatment BMPs if required by the BMP manual) do not prevent
contaminants from entering surface and stormwater or groundwater, the director or his/her
designee may require implementation of additional source control BMPs and/or treatment
BMPs according to AKART.
(3) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required
herein, so that when all appropriate combinations of individual BMPs are utilized,
pollution of surface or groundwaters is prevented. If all BMPs required herein, or by the
director are applied, and pollution still occurs, the discharger shall modify existing
practices or apply further water pollution control measures, as specified by the director. In
the absence of implementation of applicable BMPs, the director shall be authorized to
conclude that individual activities are causing pollution in violation of this chapter, and
shall be authorized to enforce this chapter accordingly.
(4) Technical assistance. The Federal Way surface water management division will provide,
upon reasonable request, available technical assistance materials and information, and
information on outside financial assistance options, to persons required to comply with
this title.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-39.)
Section 14. FWRC 16.55.020 "Exemptions." shall be amended to read as follows:
16.55.020 Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as required by this title or
under the authority of another program. Notwithstanding the requirements ofFWRC 16.55.010,
implementation ofBMPs prescribed by this chapter is not required when:
(1) Alternative BMPs are being implemented pursuant to another federal, state, or local
program, unless the director determines the alternative BMPs will not prevent or
sufficiently reduce the discharge of contaminants. If the other program permitting
alternative BMPS requires the development of a best management practices plan, the
person shall, upon request and at no cost to the city, provide the director a copy of the
Ordinance No. 09-619 Page 12 of 14
BMP plan within five days of the request;
(2) A general or individual NPDES permit for stormwater discharges has been issued by the
Washington State Department of Ecology for the property or activity in question, and the
NPDES permit includes a water quality pollution control plan; unless the director
determines that the plan is not being implemented or that implementation of the water
quality pollution control plan will not prevent or sufficiently reduce the discharge of
contaminants;
(3) A farm management plan approved by the director is being implemented and maintained
according to the plan;
(1) "^.. general or individual NPDES permit for commercial dairy operations has been issued by
tho 'Washington State Department of Ecology;
(~1) An approved forest practices application has been approved by the Washington State
Department of Natural Resources for forest practices, with the exception of forest
practices occurring on lands platted after January 1, 1960, or on lands being converted to
another use, or regulatory approval has otherwise been issued by the city of Federal Way
or other local government under RCW 76.09.240;
(6.2) The director is authorized to and has issued an exemption from BMP requirements under
another provision of this title.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-40.)
Section 15. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective ofthe fact that anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 16. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 09-619
Page 13 of 14
Section 17. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 18. Effective Date. By unanimous consent, the Council finds that this ordinance is
needed for the immediate support of city governments and is not subject to initiative or referendum
pursuant to FWRC 1.30. This ordinance shall take effect and be in force on August 16,2009.
PASSED by the City Council of the City of Federal Way this 21 st day of July, 2009.
CITY OF FEDERAL WAY
{ltl141 rJilc('~'lLtf&
CITY CLERK, C OL CNEIL , CMC
ATTEST:
APPROVED AS TO FORM:
? ~t1 ~t-L.wrz
CIty ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 07-25-2009
EFFECTIVE DATE: 08-16-2009
ORDINANCE NO.: 09-619
06-30-2009
07-21-2009
Ordinance No. 09-619
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