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 Resolution No. 3596 is hereby repealed. 37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