Template revised April 12, 2018.
COMMISSION
AGENDA MEMORANDUM
Item No.
8a
ACTION ITEM
Date of Meeting
October 9, 2018
DATE: September 17, 2018
TO: Stephen P. Metruck, Executive Director
FROM: Sandra Kilroy, Director, Maritime Environment and Sustainability
Jane Dewell, Maritime Stormwater Program Manager
SUBJECT: Policy Directive Prohibiting Illicit and Non-stormwater Discharge through Maritime
Stormwater System
Amount of this request:
$0
Total estimated project cost:
$0
ACTION REQUESTED
Introduction of Resolution No. 3750, a resolution of the Port of Seattle Commission replacing
the current policy prohibiting illicit and non-stormwater discharges from being discharged
through the stormwater system on Port of Seattle Maritime properties; providing revised
definitions and describing fully prohibited, conditionally allowable, and permissible discharges;
and repealing existing policy in Resolution No. 3596.
EXECUTIVE SUMMARY
To meet requirements of its Phase I municipal separate storm sewer system (MS4) permit, the
Port must have a policy prohibiting illicit connections, illicit discharges, and illegal dumping. The
current port policy, Resolution No. 3596, was approved March 11, 2008. This policy is being
repealed and replaced to reflect regulatory changes since that time. The proposed revisions to
the current Illicit and Non-stormwater Discharge Policy meet the requirements of the
Washington state Phase I MS4 permit. The revisions also incorporate revised stormwater code
adopted by the City of Seattle in January 2016. The revisions are primarily technical corrections
that clarify language regarding what are fully prohibited, conditionally allowable, and
permissible discharges. Overall, the revised policy maintains a protective approach to
stormwater and does not significantly modify the original policy. The revised policy supports
the Port’s Century Agenda Objective 14, ‘to meet or exceed agency requirements for
stormwater leaving port-owned or operated facilities.’
JUSTIFICATION
Under the Phase I MS4 permit, the Port is required to implement appropriate policies and
comply with relevant local ordinances, rules, and regulations related to prohibiting illicit
connections, illicit discharges, and illegal dumping. Repealing the 2008 resolution and replacing
COMMISSION AGENDA – Action Item No. 8a Page 2 of 4
Meeting Date: October 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
with a revised Illicit and Non-stormwater Discharge Policy will meet these requirements, as well
as the intent of Century Agenda Objective 14.
DETAILS
The Phase I MS4 permit applies to all Maritime Port properties, and requires the Port to
conduct education, inspections, and reporting to address a variety of permit requirements. In
addition, many of our tenants and some Port facilities have stormwater permits for operations,
such as industrial or boat yard, which include specific requirements they must follow.
The MS4 permit requires that the Port do the following:
Create a stormwater management program plan and make available to the public via a
website
Map the stormwater conveyance system and tributaries and provide to Washington
Department of Ecology
Create and implement an operations and maintenance plan for inspecting and
maintaining stormwater features such as catch basins, manholes, treatment systems
(e.g., oil/water separators, filters), and flow control facilities
Ensure that 100 percent of municipal operations have stormwater pollution prevention
plans specific to their operations
Each year, inspect 20 percent of municipal operations to assess compliance with
stormwater program
Each year, screen 20 percent of the stormwater system for illicit discharges or
connections
Complete an annual report that provides information on all elements of permit,
including illicit discharges identified and eliminated, stormwater features inspected,
operations with stormwater pollution prevention plans inspected, and stormwater
monitoring or studies
The Phase I MS4 permit, under which the port is a secondary permittee within the City of
Seattle, requires that the Port ‘Implement appropriate policies prohibiting illicit discharges and
an enforcement plan to ensure compliance with illicit discharge policies.’ [Section S6(E)(3)(b)]
The Phase I MS4 permit also requires the Port to ‘Comply with all relevant ordinances, rules,
and regulations of the local jurisdiction(s) in which the Permittee’s MS4 is located that govern
non-stormwater discharges.’ [Section S6(E)(3)(a)]
The Port adopted Resolution 3596, establishing a policy prohibiting illicit and non-stormwater
discharges and illegal dumping on all port properties, in 2008 to address the permit
requirements listed above. Since then, the Washington Department of Ecology most recently
modified the Phase I MS4 permit in August 2016, and the City of Seattle revised its stormwater
code in January 2016. Port staff reviewed these modifications and revisions and are
recommending a revised port policy to reflect and be consistent with the new city and state
requirements.
COMMISSION AGENDA – Action Item No. 8a Page 3 of 4
Meeting Date: October 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
Summary of changes:
Specify that policy pertains to Port of Seattle Maritime properties
Update reference to the current state MS4 permit and applicable permit sections
Include reference to City of Seattle stormwater code
Update definitions for illicit connection, illicit discharge, and hazardous substance
Update specific lists of ‘fully prohibited,’ ‘conditionally allowable,’ and ‘permissible’
discharges
The port’s stormwater program has consistently met the state’s Phase I MS4 permit
requirements and the city’s stormwater code. This revised policy ensures that the port also
addresses the two Phase I MS4 permit requirements, Sections S6(E)(3)(a) and S6(E)(3)(b), and
that our internal policies reflect current local regulations.
This resolution repeals the existing policy and replaces it with the revised policy.
ALTERNATIVES AND IMPLICATIONS CONSIDERED
Alternative 1 – Status Quo – retain the 2008 policy, Resolution No. 3596
Cost Implications: No additional stormwater program costs.
Pros:
(1) No additional effort expended to meet changes in City of Seattle stormwater code.
Cons:
(1) Do not meet intent of Century Agenda, Objective 14.
(2) Do not account for City of Seattle stormwater code changes as of 2016.
(3) Do not keep stormwater policies updated as required by State Phase I MS4 permit.
This is not the recommended alternative.
Alternative 2 – Approve revised Illicit and Non-stormwater Discharge Policy
Cost Implications: No additional stormwater program costs.
Pros:
(1) Meet intent of Century Agenda, Objective 14.
(2) Incorporate City of Seattle stormwater code changes as of 2016.
(3) Meet requirements of the State’s Phase I MS4 permit to keep policies updated.
Cons:
(1) Effort expended to revise port policy and incorporate City of Seattle stormwater code
requirements.
This is the recommended alternative.
COMMISSION AGENDA – Action Item No. 8a Page 4 of 4
Meeting Date: October 9, 2018
Template revised September 22, 2016; format updates October 19, 2016.
FINANCIAL IMPLICATIONS
There are no financial implications of this policy revision.
ATTACHMENTS TO THIS REQUEST
(1) Stormwater Discharge Policy Presentation
(2) Draft Resolution No. 3750, A resolution of the Port of Seattle Commission replacing
the current policy prohibiting illicit and non-stormwater discharges from being
discharged through the stormwater system on Port of Seattle Maritime properties;
providing revised definitions and describing fully prohibited, conditionally allowable,
and permissible discharges; and repealing existing policy in Resolution No. 3596.
(3) Version of the Draft Resolution No. 3750 highlighting differences with Resolution No.
3596.
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS
March 11, 2008 – Approval of Resolution No. 3596.
February 26, 2008 – Resolution No. 3596, First Reading.
