Item Number: 6b attach
Meeting Date: October 23, 2018
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A Resolution of the Port of Seattle Commission replacing the
current policy prohibiting illicit and nonstormwater 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.
WHEREAS, on January 17, 2007, the Washington State Department of Ecology issued the
Phase I Municipal Stormwater Permit ("the Phase I Permit") that regulates discharges from the
Port's Municipal Separate Storm Sewer System (MS4) located within the City of Seattle or King
County; and
WHEREAS, the Phase I Permit was reissued on August 1, 2012, and subsequently
modified on January 16, 2015, and August 19, 2016; and
WHEREAS, on March 9, 2007, the Port submitted a Notice of Intent, applying for
coverage under the Phase I Permit and has been covered under the Phase I Permit since that
time; and
WHEREAS, Condition S6(E)(3)(b) of the Phase I Permit requires that the Port develop
and adopt appropriate policies prohibiting illicit connections, illicit discharges, and illegal
dumping;
WHEREAS, on March 11, 2008, the Port approved Resolution 3596 prohibiting illicit and
non-stormwater discharges to comply with requirements; and
WHEREAS, the Port is now updating the policy consistent with State and City
requirements;
NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle as
follows:
SECTION 1. Resolution No. 3596 is hereby repealed.
SECTION 2. A revised policy directive prohibiting illicit and non-stormwater discharges through
Maritime stormwater systems is hereby established as shown in Exhibit A, attached.
SECTION 3. The policy directive contained in Exhibit A and attached to this resolution shall be
labeled and catalogued as appropriate, together with other Commission Policy Directives, and

Resolution No. NNNN - Illicit and non-stormwater discharges

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shall be made readily available for use by Port staff and members of the public as a governance
document of the Port of Seattle.
ADOPTED by the Port Commission of the Port of Seattle at a duly noticed meeting
thereof, held this _____ day of _________, 2018, and duly authenticated in open session by the
signatures of the commissioners voting in favor thereof and the seal of the commission.

Port Commission

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EXHIBIT A to RESOLUTION 3750
Policy Prohibiting Illicit and Nonstormwater Discharges
SECTION 1. Purpose.
Discharges through the Port of Seattle's Municipal Separate Storm Sewer System located within
the City of Seattle or King County are regulated by a Washington State Department of Ecology
Phase I Municipal Stormwater Permit. The purpose of this policy directive is to comply with
Condition S6(E)(3)(b) of the Phase I Permit, which requires that the Port develop and adopt
appropriate policies prohibiting illicit connections, illicit discharges, and illegal dumping.
SECTION 2. Definitions.
When used in this policy directive, the following words and phrases shall have the meanings
given below unless the context in which they are included clearly indicates otherwise:
"Hazardous substance" means any liquid, solid, gas, or sludge, including any material,
substance, product, commodity, or waste, regardless of quantity, that exhibits any of the
physical, chemical, or biological properties described in WAC 173-303-090, WAC 173-303-101,
173-303-102 or 173-303-103, which may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, or transported, disposed of, or otherwise managed.
"Illicit connection" means any direct or indirect infrastructure connection to the Port of
Seattle's Municipal Separate Storm Sewer System that is not intended, permitted, or used for
collecting and conveying stormwater or non-stormwater discharges allowed as specified in this
policy.
"Illicit discharge" means any discharge to the Port of Seattle's Municipal Separate Storm Sewer
System that is not composed entirely of stormwater or of non-stormwater discharges allowed
as specified in this policy.
"MS4" means the Port of Seattle's Municipal Separate Storm Sewer System.
SECTION 3. Scope and Applicability.
A. This policy directive pertains to all discharges through the Port of Seattle's MS4,
regardless of discharge source, including the Port of Seattle, its tenants and lease holders, and
members of the public.
SECTION 4. Responsibilities.
A. The Marine Stormwater Utility Director and Maritime Stormwater Program Manager
are responsible for implementation and administration of this policy directive.
Resolution No. NNNN - Illicit and non-stormwater discharges

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SECTION 5. Policy.
A. Illicit Connections Policy. The construction, use, maintenance, or continued
existence of illicit connections to the Port of Seattle's MS4 is hereby prohibited. This prohibition
includes illicit connections made in the past, regardless of whether the connection was
permissible under law or acceptable practice at the time of connection. Illicit connections must
be disconnected and redirected, as necessary, to an approved discharge location.
B. Illicit Discharge Policy. Illicit discharges to surface water or the Port of Seattle's MS4,
whether directly or indirectly, are either fully prohibited or conditionally prohibited, as defined
in this section. Allowable discharges, as permitted under the Phase I Permit and the City of
Seattle Stormwater Code, are defined in this section.
(1) Fully prohibited discharges. The common substances prohibited to enter, either
directly or indirectly, the Port's MS4 or a receiving water within or contiguous to
Port of Seattle Maritime properties, when entering via a service drain, overland
flow, as a result of a spill or deliberate dumping, or other methods, include, but
are not limited to the following:
(a)
(b)
(c)
(d)
(e)

acids
alkalis including cement wash water
ammonia
animal carcasses
antifreeze, oil, gasoline, grease and all other automotive and petroleum
products
(f) chemicals not normally found in uncontaminated water
(g) chlorinated swimming pool or hot tub water
(h) chlorine
(i) commercial and household cleaning materials
(j) detergent
(k) dirt
(l) domestic or sanitary sewage
(m) drain cleaners
(n) fertilizers
(o) filter backwash wastewater
(p) flammable or explosive materials
(q) food and food waste
(r) gravel
(s) herbicides
(t) human and animal waste
(u) ink
(v) laundry waste
(w) liquid and powdered dyes

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(x)

metals in excess of naturally occurring amounts, whether in liquid or solid
form
(y) painting products
(z) pesticides
(aa) process wastewater
(bb) sand
(cc) soap
(dd) solid waste
(ee) solvents and degreasers
(ff) steam-cleaning waste
(gg) yard waste
(2) Conditionally allowable discharges. Discharges from the sources listed below are
permissible discharges only if the stated conditions are met. Even when the
stated conditions are met, these discharges are prohibited if the Marine
Stormwater Utility Director or Maritime Stormwater Program Manager
determines that the type of discharge is causing or contributing to a violation of
this policy or is causing or contributing to a water quality problem.
(a)

(b)
(c)

(d)
(e)
(f)

Discharges from potable water sources, including water line flushing, hyper
chlorinated water line flushing, fire hydrant system flushing, pipeline
hydrostatic test water, and washing of potable water storage reservoirs are
allowed only if planned discharges are de-chlorinated to a total residual
chlorine concentration of 0.1 ppm or less, pH-adjusted if necessary, and
volumetrically and velocity controlled to prevent resuspension of
sediments in the MS4. No chemicals may be added, and settleable solids
must be removed prior to discharge.
Discharges from lawn watering and other irrigation runoff are allowed only
if minimized to the maximum extent practicable.
Discharges from swimming pools, spas, hot tubs, fountains, or similar
aquatic recreation facilities and constructed water features are allowed
only if the discharges are dechlorinated to a concentration of 0.1 ppm or
less, pH-adjusted and re-oxygenated if necessary, volumetrically and
velocity controlled to prevent resuspension of sediments in the MS4, and
thermally controlled to prevent an increase of temperature in the receiving
water. Swimming pool cleaning wastewater and filter backwash shall not
be discharged to the MS4 under any circumstances.
Discharges of street and sidewalk washwater are allowed only when the
surfaces are swept prior to washing, detergents are not used, and water
use is minimized.
Discharges of water from routine external building washdown are allowed
only when detergents are not used and water use is minimized.
Discharges of water used to control dust are allowed only when water use
is minimized.

Resolution No. NNNN - Illicit and non-stormwater discharges

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(g)

Other non-stormwater discharges may be discharged if the Port approves a
stormwater pollution prevention plan that addresses control of such
discharges.

(3) Permissible Discharges. The following list provides examples of permissible
discharges. Even though generally permissible, these discharges are prohibited if
the Marine Stormwater Utility Director or Maritime Stormwater Program
Manager determines that the type of discharge is causing or contributing to a
violation of this policy or is causing or contributing to a water quality problem.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)

Discharges from surface waters, including diverted stream flows
Discharges of uncontaminated groundwater, including uncontaminated
groundwater infiltration (as defined at 40 CFR 35.2005(b)(20),
uncontaminated pumped groundwater, and rising groundwater
Discharges of air conditioning condensation
Discharges from springs
Discharges of uncontaminated water from crawl space pumps
Discharges from riparian habitats and wetlands
Discharges from approved footing drains, foundation drains, and other
subsurface drains or, where approval is not required, installed in
compliance with this policy
Non-stormwater discharges authorized by another National Pollutant
Discharge Elimination System (NPDES) permit or State Waste Discharge
permit
Discharges that are from emergency firefighting activities
Discharges of tracing dye used to establish or verify a drainage or sewer
connection

C. Illegal Dumping Policy. It is prohibited to spill, dump, release, throw, deposit, or
place solid waste, litter, pet and human waste, yard waste, or hazardous substances on Port of
Seattle property, without permission from the port.