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FINAL 2023 0425 Council Agenda Packet
Moses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member Tuesday, April 25, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – WSDOT Vantage Bridge Project - Madison Scully, WSDOT Design Project Engineer – pg 3 Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications** Summary Reports: Mayor’s Report -Professional Municipal Clerk’s Week Proclamation Additional Business City Manager’s Report -RV Parking Update -Communications Plan -Technical Services Director Announcement Consent Agenda Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. Moses Lake Council Packet 4-25-23, Page 1 of 152 April 25, 2023, City Council Meeting Page 2 _________________ #1 pg 21 a.City Council Meeting Minutes Dated March 28, April 11 and April 18, 2023 b.Claims and Payroll c.NCW Opioid Abatement Council Interlocal Agreement d.Umpqua Banking Services Extension Old Business #2 Motion pg 63 Stormwater Code Update Ordinance 3023 Presented by Richard Law, City Engineer Summary: Council to review and consider adoption New Business – None Scheduled Administrative Reports -Memorial Day Weekend Events – pg 150 -Council Workshop Date -Work Plan Update Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for May 9, 2023 NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting. *Please click the link below to join remote access: https://cityofml.zoom.us/j/83652426280 Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 83652426280. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 4-25-23, Page 2 of 152 Madison Scully, Design Project Engineer April 2023 Upcoming and future construction along I-90 Moses Lake Council Packet 4-25-23, Page 3 of 152 Agenda •Background •I-90 construction overview •I-90 construction locations •Construction impacts •I-90 Vantage Bridge •Ways to stay informed •Contacts •Q&A 2 Moses Lake Council Packet 4-25-23, Page 4 of 152 Background 3 Moses Lake Council Packet 4-25-23, Page 5 of 152 4 I-90 SNOQUALMIE PASS EAST PROJECT Phase 1C Phase 2APhase 1B Phase 3A Moses Lake Council Packet 4-25-23, Page 6 of 152 5 I-90 SNOQUALMIE PASS EAST PROJECT Phase 1 •Between 1999 and 2016 about 370 avalanche related events or about 15 avalanche missions per year. •Between 2016 and 2020 recorded 20 avalanches running to the old roadbed or about 60 to 65 avalanche missions. •Missions-to-date in this area since bridge construction - Zero. Moses Lake Council Packet 4-25-23, Page 7 of 152 6 I-90 SNOQUALMIE PASS EAST PROJECT Phase 2 Moses Lake Council Packet 4-25-23, Page 8 of 152 7 I-90 SNOQUALMIE PASS EAST Wildlife Crossings Video Moses Lake Council Packet 4-25-23, Page 9 of 152 8 I-90 SNOQUALMIE PASS EAST PROJECT Phase 3A Moses Lake Council Packet 4-25-23, Page 10 of 152 9 I-90 SNOQUALMIE PASS EAST Phase 3A – Rock Blasting Moses Lake Council Packet 4-25-23, Page 11 of 152 I-90 CONSTRUCTION OVERVIEW •Continues in spring/summer 2023 through 2027 •Various construction projects are needed to: –Meet projected traffic demands –Improve public safety –Reduce the risk of rock and debris falling –Fix structural deficiencies –Repair stormwater drainage –Connect habitat across I-90 for fish and wildlife 10 Moses Lake Council Packet 4-25-23, Page 12 of 152 CONSTRUCTION IMPACTS •Traffic back-ups and delays are expected between North Bend and Vantage. –People should check traffic conditions prior to making their trip. •Many of the construction projects will require: –Closed shoulders –Traffic lane shifts –Detours 11 Moses Lake Council Packet 4-25-23, Page 13 of 152 I-90 CONSTRUCTION LOCATIONS 2023 12 Moses Lake Council Packet 4-25-23, Page 14 of 152 I-90 VANTAGE BRIDGE – DECK REPLACEMENT (starting in fall 2023) 13 •Bridge built in 1962;last major overhaul in 1982. •Since 2019, WSDOT has discovered more than a dozen holes in the bridge deck. •Emergency repairs require lane closures, which lead to backups and travel delays. Moses Lake Council Packet 4-25-23, Page 15 of 152 I-90 VANTAGE BRIDGE – DECK REPLACEMENT (Starting in fall 2023) 14 2022 Q1 Q2 Q3 Q4 2023 Q1 Q2 Q3 Q4 2024 Q1 Q2 Q3 Q4 2025 Q1 Q2 Q3 Q4 Ad date Construction Dates subject to change. Final Design 2026 Q1 Q2 Q3 Q4 Moses Lake Council Packet 4-25-23, Page 16 of 152 I-90 VANTAGE BRIDGE – DECK REPLACEMENT (Starting in fall 2023) 15 •Crews will maintain one travel lane in each direction. •Crews will open the bridge to two lanes in each direction on holidays and event weekends between Memorial Day and Labor Day. •The bridge deck will be replaced with pre-cast concrete panels to minimize lanes closures and delays. Moses Lake Council Packet 4-25-23, Page 17 of 152 WAYS TO STAY INFORMED •Project webpages on wsdot.wa.gov •Visit the real-time travel map https://wsdot.com/Travel/Real-time/Map/ •Visit our I-90 online open house at https://engage.wsdot.wa.gov/i-90-construction- from-north-bend-to-vantage/ •Social media –Twitter @snoqualmiepass –Facebook www.facebook.com/wsdot •Sign up for project email updates (public.govdelivery.com/accounts/WADOT/subscriber/new) •Get text message alerts by typing "START" to 85107 •Tune into the Highway Advisory Radio 1610 AM or 530 AM 16 Moses Lake Council Packet 4-25-23, Page 18 of 152 CONTACTS Brian White ARA for Construction and Development Brian.White@wsdot.wa.gov South Central Communications Team: SCCommunications@wsdot.wa.gov 17 Moses Lake Council Packet 4-25-23, Page 19 of 152 THANK YOU! Questions & Answers 18 Moses Lake Council Packet 4-25-23, Page 20 of 152 MOSES LAKE CITY COUNCIL March 28, 2023 STUDY SESSION Homestead Issue and Sleep Center Updates Police Chief Kevin Fuhr reviewed 2018 and 2021 Case Law rulings as well as State and Federal laws related to homelessness and parking restriction limitations. Eleven campers were identified as residents in three locations on City streets. He provided specific references to MRSC online toolkit used to reduce legal risks when enforcing parking restrictions. Staff are working on a designated location for a safe parking area that has daily support services for guests. HopeSource contracts with the City to operate the Open Doors Sleep Center. Regional Director Brittany Bouchouari shared costs, demographics, benefits, and client successes since they have been operating the sleep center. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:32 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Mayor Myers suggested swapping the order on Old Business agenda items (2) DOH Associates Police Station Owner’s Rep Contract and (3) Sleep Center Location Negotiation. Action taken: Council Member Eck moved to approve the Agenda as amended, second by Deputy Mayor Martinez. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Overpopulation of Pets Laurie Criscuolo, Moses Lake, is upset with the lack of regulations for backyard breeders giving pets from their vehicles in commercial parking lots and the lack of education for the new pet owners. She has worked with getting stray animals adopted to good homes. Mayor Myers requested to have solutions discussed at a future Council Public Safety Committee meeting. Development at Grape and Maple Drive Don Temple, Moses Lake, expressed concern for adjacent homeowners to know about the process for road easements and zoning changes near the new residential development. SUMMARY REPORTS MAYOR’S REPORT Moses Lake Council Packet 4-25-23, Page 21 of 152 CITY COUNCIL MINUTES – March 28, 2023 pg. 2 Community Coalition Event Matt Palouch represents the Moses Lake Community Coalition who focuses on prevention of youth substance abuse and mental health issues. He invited everyone to attend their Town Hall meeting tomorrow night at the Civic Center from 7 pm to 9 pm. to discuss substance abuse and what the community can do to help. Parks, Recreation and Cultural Services Board Member Appointments The City received seven applications from solicitation of the vacancies. Park Board Chair Charlene Rios and Parks Director Doug Coutts interviewed three candidates meeting the eligibility criteria of residing in the City Limits. Mayor Myers concurred with their recommended appointments for the terms expiring, or to request reappointment, in December 2023 and 2024. Action taken: Council Member Eck moved to confirm appointment of Isaac Valdez, second by Deputy Mayor Martinez. The motion carried 7 – 0. Action taken: Council Member Eck moved to confirm appointment of Rebecca Johnson, second by Deputy Mayor Martinez. The motion carried 7 – 0. CITY MANAGER’S REPORT Grant County Sheriff’s Office (GCSO) Recognition of City Officers Mengist and Buescher Grant County Sheriff Joe Kriete presented a certificate of Valor Award to Officer Josh Mengist and a Meritorious Award to Officer Yoni Mengist to recognize their heroic response to an officer involved shooting on July 10, 2022. Each officer also received a copy of their GCSO nomination letter. Water Conservation Action Update The Council Community Development, Municipal Services, and Parks (CMP) Committee reviewed the preliminary update to the Code today for water conservation that will be presented for Council adoption on April 11. Revision to landscaping regulations will be presented to Council on April 25. City Manager Allison Williams listed several parks that are complete, and a few near complete, with the transition to using lake water. Staff partnered with a local church to xeriscape on Central Drive and are planning a zeriscape at the Civic Center Park. She commended staff involved in transition efforts, for educating the public, and tracking usage data. City Engineer Richard Law provided historical data on studies showing a decline in the deep acquifer. Comprehensive Plan Requests Deadline Extension Staff has been delayed in publishing the annual notice on accepting requests for amendments to the Comp Plan and requests approval from Council to extend the due date from March 31 to April 28, 2023. Action taken: Council Member Fancher moved to approve the due date extension, second by Deputy Mayor Martinez. The motion carried 7 – 0. CONSENT AGENDA #1 a. City Council meeting minutes dated March 14, 2023 Moses Lake Council Packet 4-25-23, Page 22 of 152 CITY COUNCIL MINUTES – March 28, 2023 pg. 3 b. Electronic Transfer: #217 - $2,252.73 Checks: 159989 - 160197 - $1,577,608.35 Payroll Checks: #65012-65024 - $7,706.91 Electronic Payments: Direct Deposit - $596,631.93 c. Good Faith 4 All Road Improvement Covenant d. Gray & Osborne Well 34 Pumphouse Pilot Test Consultant Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. OLD BUSINESS #2 Sleep Center Location Negotiation ECONorthwest analyzed 14 sites identified for a potential permanent location to develop a new facility. A shelter space to accommodate the homeless point in time count is required in order for the City to prohibit camping in parks. The Ad Hoc Homeless Committee recommends pursuing the Moses Lake Irrigation and Reclamation District property. Community Development Director Kirsten Sackett provided a presentation summarizing data in the consultant’s report. Eleven citizens provided comments to Council regarding the pending decision. Council determined that it would be best to wait until the County had a chance to complete implementation of their Homeless Task Force and to coordinate efforts with all agencies involved, as well as with the public and effected property owners. Therefore, continued use of the current site was a consideration. Action taken: Council Member Swartz moved to authorize negotiations to extend the lease for the current location, second by Council Member Fancher. The motion carried 7 – 0. Mayor Myers called a 5-minute recess at 8:55 p.m. The meeting reconvened at 9:02 p.m. #3 DOH Associates Police Station Owner’s Rep Contract Staff first presented the contract for approval in February and returned to Council with additional information, as well as having the DOH staff present to provide input and respond to questions on March 14. The staff report contains information Council requested regarding the architect and engineering contract scope of work, fees, statutory guidance, and comparable analysis for a staff position including benefits. Action taken: Council Member Skaug moved to approve contract as presented, second by Council Member Eck. The motion carried 6 – 1, Council Member Swartz opposed. NEW BUSINESS #4 2023 Budget Amendment Ordinance 3021 The amendment increases the 2023 budget resulting in additional expenditures of $5,779,092 and estimated revenue of $1,501,105 across several funds. All items were reviewed by the Council Finance Committee with the exception of the added increase in the annual insurance payment from what they originally estimated. Staff reviewed the three risk pools that the City is eligible to participate with, the stellar services with Moses Lake Council Packet 4-25-23, Page 23 of 152 CITY COUNCIL MINUTES – March 28, 2023 pg. 4 WCIA, and the current risk rating the City has from recent claims. Action taken: Council Member Eck moved to adopt Ordinance 3021 as presented, second by Deputy Mayor Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Police 2022 Annual Report Police Chief Kevin Fuhr shared how proud he was of their statistics and proud of the work of his employees. The entire Use of Force Report is included as well as a new section recognizing community support. The completed report will be posted online by the end of the month. WSDOT SR 17 Project Delay The state has reported that due to lack of project managers, they are postponing the 2023 SR 17 project to 2024. They have been scheduled to present the Vantage Bridge project to Council in April. Staff is working on the design for Yonezawa and the state is able to waive project review fees but unable to cost share in paving during the same construction season. Director Recruitments Two candidates for the Technical Services Director position will have final interviews on Monday, April 10. Mayor Myers and Council Member Madewell volunteered to participate on the Director’s panel. A few applications have been received for the Municipal Services Director position. The review of applications has been extended for three weeks. The Governor visited the City today and staff hopes the support for growth with new aviation, energy, and manufacturing will elevate the attraction of applicants. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz, President of the Association of Grant County Cities and Towns (AGCCT), and Council Member Eck will be present for the quarterly meeting later this week in Royal City. Council Member Fancher attended the Grant County Economic Development Committee meeting last week. They are interviewing the community to gage feasibility of their organization. Council CMP Committee meeting held earlier today also had discussion on infrastructure and SEPA process. Council Member Eck stated the Port of Moses Lake is doing well with continued storage of 747 Max planes, a new battery company prospect, and hosting visitors from Japan in July and August. Deputy Mayor Martinez joined the Watershed Council members at Vanguard Academy Charter School to visit with students on their solutions to deal with lake algae. She was able to educate them regarding tourism and our limited potable water resources. Fire Chief Brett Bastian and Deputy Chief Pete Kunjara will be travelling to pick up a new vehicle. Fire also discussed Moses Lake Council Packet 4-25-23, Page 24 of 152 CITY COUNCIL MINUTES – March 28, 2023 pg. 5 research to have a special facility near the hazardous commercial areas during the Council Public Safety Committee meeting. Mayor Don Myers shared that they learned of maintenance issues that are being fixed under warranty at the Grant Transit Authority Board Retreat. They are also looking at expanding the maintenance facility so they can work on more than two busses at one time. ADJOURNMENT Mayor Myers announced postponement of the Executive Session. The regular meeting was adjourned at 9:58 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-25-23, Page 25 of 152 MOSES LAKE CITY COUNCIL April 11, 2023 EXECUTIVE SESSION Mayor Myers called an Executive Session at 5:30 p.m. for 60 minutes to discuss Real Estate Sale or Lease and Litigation pursuant to RCW 42.30.110(1) subsections (c) and (i). CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members, Fancher, Madewell, Swartz, and Skaug. Council Member Eck was absent. Action taken: Council Member Fancher moved to excuse Council Member Eck, second by Council Member Swartz. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Action taken: Deputy Mayor Martinez moved to approve the Agenda as presented, second by Council Member Fancher. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Tax Increment Financing Victor Lombardi, Moses Lake Citizen, requested information on the status of the City’s Tax Increment Financing (TIF) Districts. City Manager Allison Williams responded that Broadway and Wheeler corridor locations have been discussed as potential districts where significant infrastructure investment will be needed. Homeless Elisia Dalluge, Moses Lake Citizen, spoke about the homeless and affordable housing Federal funding. She touched on stress being a factor in homelessness and drug use, and how provided meals could be one less factor for stress. SUMMARY REPORTS MAYOR’S REPORT Mayor’s Prayer Breakfast Mayor Myers invited all Council Members to attend the Kiwanis Mayor’s Prayer Breakfast on May 2, 2023, at 7:00 a.m. Former Mayor Jon Lane is the speaker. RSVPs are due to Deputy Clerk Jennifer Schober by April 25. Moses Lake Council Packet 4-25-23, Page 26 of 152 CITY COUNCIL MINUTES – April 11, 2023 pg. 2 CITY MANAGER’S REPORT Grant PUD Earth Day Challenge The Grant PUD is challenging the community to take time during the week of April 16 – 22 and pick up a bag of trash in a neighborhood, park, or favorite location in the City. Annual Spring Cleanup and Citywide Cleanup Event There is a downtown sponsored clean up on Saturday April 15 as well as City cleanups April 15 and 29, which will have Lakeside Disposal trucks staged at the Surf ‘n Slide parking lot for residents to drop off garbage. One resident suggested having the homeless population participate in the cleanup. City Manager Williams responded with other ways that the City is working to try and get some programs going for homeless citizens. Council requested a formal invitation for the homeless to be involved. CONSENT AGENDA #1 a. Electronic Transfer: N/A Checks: 160198 - 160309 - $169,770.62 Payroll Checks: #65025-65036 - $2,837.11 Electronic Payments: Direct Deposit - $585,022.92 b. Traffic Signal Emergency Repair Resolution 3935 c. Conservation District Demonstration Site Interlocal Agreement d. Ultra Modern Build on Unplatted Property Resolution 3936 Action taken: Deputy Mayor Martinez moved to approve the Consent Agenda as presented, second by Council Member Swartz. The motion carried 6 – 0. OLD BUSINESS #2 Security Guard Services Amendment This contract amendment allows for Pacific Security to include an additional guard with a vehicle to patrol several designated City facilities from 4:30 pm to 4:30 am Sunday through Saturday. One citizen inquired about current police staffing questions asked and answered at prior meetings. Action taken: Deputy Mayor Martinez moved to approve the Security Guard Services Amendment as presented, second by Council Member Fancher. The motion carried 6 – 0. NEW BUSINESS #3 Business License Code Update Ordinance 3022 The Business License regulations are presented for update to reflect current practice of administration in the Finance Department, removing background checks and requirement for commercial liability insurance when licensing Mobile Food Vendors, Street Food Vendors or Temporary Location Businesses when they are operating on private property. Action taken: Deputy Mayor Martinez moved to adopt Ordinance 3022 as presented, second by Council Member Skaug. The motion carried 6– 0. Moses Lake Council Packet 4-25-23, Page 27 of 152 CITY COUNCIL MINUTES – April 11, 2023 pg. 3 #4 Water Conservation Code/Fee Update Ordinance 3023, Resolution 3937 Utility Services Manager Jessica Cole reviewed draft changes in Title 13 Water, Sewers, and Public Utilities to further restrict the options of using potable water for landscape irrigation. City Engineer Richard Law and City Manager Allison Williams responded to several questions about why conservation needs to be bolstered to preserve the deep acquifer which has a limited life. Council requested several modifications be made and a new draft presented for adoption at the first meeting in May. Action taken: Council Member Swartz moved to postpone to May 9, second by Council Member Skaug. The motion carried 5 – 1. Deputy Mayor Martinez was opposed. ADMINISTRATIVE REPORTS Regional Collaboration Meeting The agenda is being finalized for a Regional Collaboration Meeting on April 20 at the Pillar Rock Grill. Board members from the following agencies meeting together are Grant PUD, Grant County Commissioners, Moses Lake City Council, and the Port of Moses Lake. Council Candidate Open House Staff will hold Candidate Open House on May 4 at 4:00 p.m. and repeat event on May 5 at 12:00 p.m. This is an event where potential candidates can obtain information about the role of being a City Council Member. Ad Hoc Housing Committee Update The committee met on April 11 to review Code requirements to keep the homeless facility running while potentially paving the lot and upgrading the housing units. Staff will get quotes, develop a site plan, meet with the current property owner and report back to Council. The Advisory Council on Housing will reconvene to analyze new legislation with regard to homelessness and provide final recommendations to Council. Emergency Traffic Signal Repair City Engineer Richard Law thanked staff for their quick response to the signal damage at Valley and Stratford Rd., and especially to Public Works for purchasing a unit to have on hand in case of emergencies like this. The same contractor that recently installed the lights were able to come back out and handle the repairs. Assistant City Manager Rich Huebner also thanked Richard for his work coordinating the repair. COUNCIL COMMUNICATIONS AND REPORTS Council Member Madewell expressed her concerns about the City’s camping Ordinance. City Attorney Katherine Kenison explained that due to State law and the Homestead Law, law enforcement cannot ask them to leave. City Manager Williams also made note that Assistant City Manager Huebner is researching options to find property for them to park their vehicles. Council Member Swartz attended the Association of Grant County Cities and Towns (AGCCT) meeting on March 30 in Royal City. He stated that they are having trouble finding a small city Moses Lake Council Packet 4-25-23, Page 28 of 152 CITY COUNCIL MINUTES – April 11, 2023 pg. 4 representative for the Grant County Homeless Housing Task Force (GCHHTF). Additionally, AGCCT is looking at restructuring to a Council of Governments. Council Member Skaug attended the Finance Committee meeting and thanked Finance Director Madeline Prentice for explaining the restructuring of the business licensing code, and for all her work. Deputy Mayor Martinez thanked staff for creating transparency in tracking funds. She echoed the thanks for Madeline’s work. She had her first meeting with the GCHHTF where they discussed bylaws, delineation, and issues from the past with preventive structures in place so that those issues do not happen again. She has a meeting with Commissioner Rob Jones on Thursday to further discuss the GCHHTF. Mayor Myers thanked Utility Billing Manager Jessica Cole and other department staff for their time and efforts put drafting a revised water conservation Ordinance. ADJOURNMENT The regular meeting was adjourned at 8:37 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-25-23, Page 29 of 152 MOSES LAKE CITY COUNCIL – SPECIAL MEETING April 18, 2023 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 5 p.m. by Mayor Myers in Conference Room 225 of the Civic Center. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Skaug, Swartz, Fancher, and Madewell. Absent: Council Member Eck. EXECUTIVE SESSION Mayor Myers called an Executive Session to be held for 90 minutes pursuant to RCW 42.30.110(1)(c) and (i) to discuss lease or purchase of property and potential litigation. ADJOURNMENT The special meeting was adjourned at 6:30 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 4-25-23, Page 30 of 152 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 10638 Madeline Prentice Finance 4/25/2023 Consent Agenda Disbursement Report since April 11, 2023 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 4,414,151.68$4,414,151.68$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: 224 - 237 - $1,310,838.29 Checks: 160310 - 160500 - $2,373,164.00 Payroll Checks: #65037 - 65070 - $152,184.89 (Fire/EMT retro pay) Payroll Checks: #65071 - 65084 - $7,172.03 Electronic Payments: Direct Deposit - $570,792.47 Vouchers - 04.25.2023.pdf 127.29KB Moses Lake Council Packet 4-25-23, Page 31 of 152 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above format for approval by the City Council. RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering services or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the City. RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body had adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued. The City meets all these conditions. To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting. All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director. The City's internal controls include certification of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. Moses Lake Council Packet 4-25-23, Page 32 of 152 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 1,275,898.31 102 TOURISM ‐ 103 GRANTS AND DONATIONS 19,675.86 110 HOMELESS SERVICES 62,375.10 114 PATHS/TRAILS ‐ 116 STREET 71,716.73 119 STREET REPR/RECON 12,619.12 286 REFUNDING GO BONDS 2015 ‐ 314 PARK & RECREATION IMPROVEMENTS 10,216.39 315 PARK MITIGATION CAPITAL PROJECTS ‐ 410 WATER/SEWER 193,952.55 450 2011 BOND FUND ‐ 452 2004 BOND FUND ‐ 471 WATER RIGHTS 13,081.90 477 WATER SEWER CONSTRUCTION 985,436.26 487 2015 GO BONDS REDEMPTION ‐ 490 SANITATION 371,722.13 493 STORM WATER 24,501.34 495 AIRPORT 1,564.06 498 AMBULANCE 128,981.44 501 UNEMPLOYMENT COMPENSATION INSURANCE ‐ 503 SELF‐INSURANCE 5,043.24 517 CENTRAL SERVICES 208,302.44 519 EQUIPMENT RENTAL 213,967.99 528 BUILDING MAINTENANCE 70,422.33 611 FIRE PENSION ‐ 623 DEPOSIT 12,314.65 631 STATE 2,210.45 TOTAL 3,684,002.29$ City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 04/25/2023 Moses Lake Council Packet 4-25-23, Page 33 of 152 Check Name Check Amount Check Date Invoice Description 224 Dept Of Retirement Systems 165.81 09/30/2022 Colton Ayers Void 225 Dept Of Retirement Systems 114,582.97 01/11/2023 2226 Retirement Contributions 226 Dept Of Retirement Systems 414.06 12/31/2022 Gary Vela‐ Comp Time 227 Dept Of Retirement Systems 114,027.07 01/06/2023 2301 Retirement Contributions 228 Dept Of Retirement Systems 122,952.29 02/16/2023 2302 Retirement Contributions 229 Dept Of Retirement Systems 123,098.74 02/21/2023 2303 DRS Contributions 230 Dept Of Retirement Systems 124,718.67 02/24/2023 DRS Contributions 231 Dept Of Retirement Systems 124,952.59 03/14/2023 2305 Contributions 232 Dept Of Retirement Systems 129,920.43 04/13/2023 2306 DRS Contributions 233 Dept Of Retirement Systems 130,572.80 04/19/2023 2307 DRS Contribution 234 Aflac 2,158.04 04/10/2023 Aflac 2304 Deductions 235 Aflac 2,158.04 04/17/2023 2307 Deductions 236 FICA‐Medicare 165,670.54 11/15/2022 22223 Payroll Taxes 237 FICA‐Medicare 155,446.24 11/30/2022 2224 Payroll Taxes 160310 Chase Pitt 628.00 04/05/2023 Patrol Tactics Instructor 2023 160311 Ramon Lopez 628.00 04/05/2023 Patrol Tactics Instructor 160312 Joey Clifner 150.00 04/05/2023 2023 Boot Allowance 160313 Dean McPherson 136.00 04/05/2023 CDL License 2023 160314 Derek Perez 136.00 04/05/2023 2023 CDL License Renew 160315 Juaquin Espinoza 300.00 04/05/2023 2023 Boot Allowance 160316 Roger Thornton 128.00 04/05/2023 CDL Physical Reimbursement 160317 Washington State Treasurer 1,958.70 04/05/2023 2022 Seizure Payout 160318 Washington State Treasurer 9.81 04/05/2023 State Remittance‐ JIS/PSAE 3.31.23 160320 Nick Stewart 222.00 04/06/2023 Spring 2023 K9 Training 160321 Derek Beach 103.00 04/06/2023 Tribal Conference Training 160322 Roland Alejo 19.00 04/06/2023 Bike Training 2023 160323 Fire Mountain Farms Inc 11,641.12 04/07/2023 Retainage Release 160324 Kyle Mccain 10,300.00 04/07/2023 Controlled Buy Money Replenish 160325 2M Company Inc 236.65 04/07/2023 Jumlid 13" x 20" 160326 Ag Supply Ace Hardware 102.76 04/07/2023 Tape Flagging 160327 Airefco Inc 345.99 04/07/2023 Capacitor/Blower Wheel/Blower Motor 160328 Amazon Capital Services, Inc.5,000.38 04/07/2023 Amazon Fleet Feb 2023 160329 Arcadia Publishing 129.53 04/07/2023 Museum Wholesale 160330 Aslynn Leland 260.16 04/07/2023 Plaques 160331 Belikebro, LLC 6,233.00 04/07/2023 2022 Suppressors 160332 Bravo Company Usa Inc.11,718.00 04/07/2023 Rifles 160333 Bud Clary Ford LLC 529.90 04/07/2023 Brake Rotors/Brake Lining Kit 160334 Busby International 753.38 04/07/2023 Hole Cut In Bubble Insulation 160335 Centurylink 365.26 04/07/2023 Water Shut Off Notifications 160336 Centurylink 122.33 04/07/2023 206‐T03‐622 331B 3.23.23 160337 CHS Inc 29,234.13 04/07/2023 Fuel for Vehicles 160338 Columbia Basin Herald 250.00 04/07/2023 Health & Wellness LRC Ad 160339 Columbia Bearing Bdi 182.45 04/07/2023 Flange Bearing Eq#299 160340 Consolidated Disposal Service 31,487.20 04/07/2023 Transfer Station March 2023 160341 Consolidated Electrical Distributors Inc 315.03 04/07/2023 Fluorescent Lamps 160342 Copiers Northwest Inc 129.73 04/07/2023 Equipment Contract Fees 160343 Corporate Translation Services, LLC 11.18 04/07/2023 Translation Services City of Moses Lake Checks Issued with Summary Description For April 25, 2023 Council Meeting Moses Lake Council Packet 4-25-23, Page 34 of 152 160344 Country Fabrics 508.00 04/07/2023 Sewing Classes 160345 CSWW, Inc 396.41 04/07/2023 Misc. Supplies 160346 Databar Inc 1,971.89 04/07/2023 Mail Utility Bills 160347 Deborah Derenzo Horney 146.60 04/07/2023 Refund Utility Overpayment 160348 Demco, Inc 10,216.39 04/07/2023 LRC Furniture 160349 Devries Information Mgmt 34.50 04/07/2023 On Site Record Destruction 160350 Faber Industrial Supply 22.29 04/07/2023 Roll Pins 160351 Fair Play Corporation 145.00 04/07/2023 Remaining Balance 160352 Fastenal Company 446.54 04/07/2023 Gloves 160353 Ferguson Enterprises Inc #3007 71.54 04/07/2023 Urinal Repair Kits 160354 Galls LLC 44.17 04/07/2023 Uniform 160355 Grainger Parts Operations 788.38 04/07/2023 Janitorial Supplies 160356 Grant Co Solid Waste 65,747.52 04/07/2023 Landfill Dumping Fees 160357 Grant County Animal Outreach 8,333.00 04/07/2023 March 2023 Contract Payment 160358 Grant County Econ Dev Council 33,250.00 04/07/2023 Membership 2023 160359 Grant County Treasurer 995.42 04/07/2023 2% Liquor Profits 160360 Heartland Agriculture, LLC 402.38 04/07/2023 Misc Supplies 160361 Jerrys Auto Supply 118.51 04/07/2023 Misc Supplies 160362 Kelley Connect 4,353.74 04/07/2023 Equipment Contract Fees 160363 Kent D. Bruce Co LLC 201.96 04/07/2023 Eject Covers 160364 Kottkamp & Yedinak, P.L.L.C.437.50 04/07/2023 Planning Pro Services 160365 Lad Irrigation Company Inc 77.79 04/07/2023 PVC Supplies 160366 Lakeside Disposal, Inc 272,411.66 04/07/2023 March Contract Payment 2023 160367 Lance, Soll & Lunghard, LLP 3,932.00 04/07/2023 Finance Pro Services 160368 Lighthouse Uniform Co 303.45 04/07/2023 Officer Class A Pieces 160369 Michael Nash 45,423.84 04/07/2023 Employee Training March 23 160370 Moon Security Services Inc 78.49 04/07/2023 March Security @ Annex 160371 Moses Lake Business Assn 50,000.00 04/07/2023 Main St. Tax Incentive 160372 Moses Lake Sheet Metal 1,230.34 04/07/2023 Bumper Fabrication Eq#253 160373 Multi Agency Comm Center E911 11,797.64 04/07/2023 Emergency Dispatch Services 160374 NYS Child Support Prosessing Center 184.61 04/07/2023 2307 Gilmartin Child Support 160375 Outdoor Power & Repair 23.31 04/07/2023 Cable‐Control Eq#711 W/O 58700 160376 Oxarc Inc 466.60 04/07/2023 Acetylene 160377 Pro Force Law Enforcement 400.15 04/07/2023 Gun supplies 160378 Quill Corporation 442.32 04/07/2023 Office Supplies 160379 RAE Security Southwest, LLC 3,278.34 04/07/2023 Inside Antennas/E‐Plex Locks 160380 Recorders Charts & Pens LLC 2,643.52 04/07/2023 Circular Charts/Styluses 160381 Rexel USA 699.76 04/07/2023 Fluorescent Bulbs 160382 Safe Software Inc 726.28 04/07/2023 ESRI 2023 160383 Sherwin‐Williams 286.51 04/07/2023 Paint 160384 SHI International, Inc 138,477.10 04/07/2023 Software 160385 Shirtbuilders Inc 2,876.88 04/07/2023 Rec Soccer '23 Shirts 160386 Signs Now, LLC 1,103.41 04/07/2023 Removal & Installation of Medic 1 & 2 160387 Sirennet.Com 1,095.82 04/07/2023 Emergency Eq. & Lighting 160388 Skaug Brothers Glass 431.24 04/07/2023 Replace Windshield Eq#223 160389 Smarsh Inc 15,234.78 04/07/2023 Professional Archive 160390 SoftResources, LLC 1,200.00 04/07/2023 Demo Prep‐ %50 160391 Ups Freight 45.35 04/07/2023 Shipping & Service Fees 160392 Wa Cities Insurance Authority 5,043.24 04/07/2023 Large Deductible Program 160393 Wash Recreation & Park Assoc 990.00 04/07/2023 WRPA Conference Registration 160394 Washington Municipal Clerks Asso.200.00 04/07/2023 Membership Renewal 2023 160395 Washington State Patrol 251.75 04/07/2023 Background Checks 160396 Weinstein Beverage Company 1,311.64 04/07/2023 Water‐ Council Chambers Moses Lake Council Packet 4-25-23, Page 35 of 152 160397 Steven Mugnos 356.00 04/07/2023 Inspector Training April 2023 160398 Jovita Cantu 135.00 04/10/2023 Spring Conference 2023 160399 Kyle McCain 48.00 04/10/2023 Leadership Training 160400 Dean Gaddis 48.00 04/10/2023 Leadership Training 2023 160401 Omar Ramirez 48.00 04/10/2023 Patrol Tactics Training 2023 160402 Renie A Arana 53.17 04/10/2023 Fuel Reimbursement 160403 Derek Beach 138.00 04/10/2023 Investigator Conference May 2023 160404 Department of Licensing 9,086.98 04/10/2023 Eq# 144 & 145 License, Title, Tax 160405 Norco Enterprises Inc 78.72 04/11/2023 Safety Jacket 160406 Pryor Learning, Inc.597.00 04/11/2023 Parks, Novak, Gariano‐ Renewal 160407 Department of Licensing 61.25 04/11/2023 New Vehicle License #388 160408 Edgar Salazar 56.43 04/11/2023 Fuel Reimbursement 160409 Los Goodies 85.00 04/11/2023 City Endorsement App Withdrawn 160410 Moore Brewing Co. & Spirits LLC 85.00 04/11/2023 City Endorsement App Withdrawn 160411 Kiwanis Club Of Moses Lake 200.00 04/12/2023 Mayor's Prayer Breakfast 2023 160412 Dustin & Julisa Ellis 169.29 04/12/2023 Refund Utility Overpayment 160413 Estate of Gordon Robinson 103.55 04/12/2023 Refund Utility Overpayment 160414 John Gutierrez 3.38 04/12/2023 Refund Utility Overpayment 160415 KATHY SHARRAH 123.38 04/12/2023 Refund Utility Overpayment 160416 Lexington & Joshua McCloy 103.89 04/12/2023 Refund Utility Overpayment 160417 Marilyn Coronado 368.83 04/12/2023 Refund Utility Overpayment 160418 Norman & Betty Wood 192.47 04/12/2023 Refund Utility Overpayment 160419 OIC Of Washington 631.17 04/12/2023 Refund Utility Overpayment 160420 Valerie Vela 147.83 04/12/2023 Refund Utility Overpayment 160421 WARREN CAUDLE 177.61 04/12/2023 Refund Utility Overpayment 160422 2M Company Inc 470.15 04/14/2023 Valve 160423 A & H Printers Inc 70.46 04/14/2023 Scott Myers Business Cards 160424 Always Connect Solutions LLC 1,110.56 04/14/2023 Sharkfin Antenna Eq#144 160425 Amazon Capital Services, Inc.1,498.89 04/14/2023 Amazon Water Mar 2023 160426 Anatek Labs, Inc.1,113.40 04/14/2023 Sample Testing 160427 Aspect Consulting 13,081.90 04/14/2023 Water Rights Work 160428 Avidex Industries, LLC 840.11 04/14/2023 Council Chambers Issue Repair 160429 Axon Enterprise Inc 9,153.86 04/14/2023 Car video systems 160430 Barbara Nickerson 39.20 04/14/2023 Consignment Sales 160431 Bud Clary Ford LLC 1,096.15 04/14/2023 Installed TPMS Sensor Kits Eq#036 160432 Carol Cross 59.50 04/14/2023 Consignment Sales 160433 Central Machinery Sales Inc 5.79 04/14/2023 Tie Wire 160434 Consolidated Disposal Service 15.30 04/14/2023 Parks Refuse Fees 160435 Copiers Northwest Inc 149.39 04/14/2023 Equipment Contract Fees 160436 Correct Equipment 10,967.00 04/14/2023 Quick Disconnect Kits/Tubes 160437 Crown Paper & Janitorial 861.13 04/14/2023 Floor Finish/Hand Pads 160438 CSWW, Inc 11.31 04/14/2023 Fasteners/Steel Rod 160439 Databar Inc 1,872.17 04/14/2023 Mail Utility Bills 160440 Datec Inc 4,572.36 04/14/2023 Thermal Printer/Headrest Printer 160441 Deborah Goodrich Chittenden 78.40 04/14/2023 Consignment Sales 160442 Department of Retirement Systems 80.39 04/14/2023 OASI 2022 Tax Year 160443 Dobbs Peterbilt‐ Moses Lake 15,997.58 04/14/2023 Exhaust System Repair Eq#289 160444 Empire Well Drilling, LLC 91,260.84 04/14/2023 Wells 9,17,31,33 & Dunes Well Rehab 160445 Fastenal Company 1,428.41 04/14/2023 Spray Paint/Primer 160446 Galls LLC 1,049.41 04/14/2023 Uniform 160447 Grainger Parts Operations 668.63 04/14/2023 Faucet 160448 Grant County Port District #10 60.00 04/14/2023 Airport Badge Applications 160449 Guardian Fleet Safety, LLC 106,719.96 04/14/2023 2023 Ford F150 Responder Pickups Moses Lake Council Packet 4-25-23, Page 36 of 152 160450 H D Fowler Company 1,957.93 04/14/2023 Gaskets/Couplings 160451 Home Depot Credit Services 1,955.76 04/14/2023 March Statement‐ DAted 4/5/2023 160452 Home Depot Pro (Supplyworks)2,590.81 04/14/2023 Nitrile Gloves 160453 Hopesource 61,607.06 04/14/2023 CHG October 2023 160454 Industrial Software Solutions 1,240.10 04/14/2023 SCADA Renewal & Maintenance 160455 International Code Council 3,444.52 04/14/2023 New Code Books 160456 Jerrys Auto Supply 214.21 04/14/2023 Spark Plugs & Engine Oil 160457 John Peterson 94.50 04/14/2023 Consignment Sales 160458 Jordan Gilmore Inc.8,703.00 04/14/2023 HR Software 2023 160459 Judy Rice 28.00 04/14/2023 Consignment Sales 160460 K C D A 100,751.92 04/14/2023 Playground Equipment for Cascade 160461 Kassandra Wiggum 84.00 04/14/2023 Consignment Sales 160462 Katherine Da Silva 51.10 04/14/2023 Consignment Sales 160463 Kathleen Parr 42.00 04/14/2023 Consignment Sales 160464 Kelley Connect 6,158.70 04/14/2023 Fabric Panels/3‐Way Connectors 160465 Kottkamp & Yedinak, P.L.L.C.2,415.00 04/14/2023 Seizure Hearing 160466 Lakeside Disposal, Inc 25.67 04/14/2023 Recycling @ Fire 160467 Lee Ann St Clair 69.30 04/14/2023 Consignment Sales 160468 Lowes 1,482.86 04/14/2023 March Statement 2023 160469 Lynn Peavey Company 235.00 04/14/2023 Copier toner 160470 Martin Schempp 201.60 04/14/2023 Consignment Sales 160471 Michael Reed 42.00 04/14/2023 Consignment Sales 160472 Moses Lake Steel Supply 588.27 04/14/2023 5/8 Coldroll 1018 Round/Labor 160473 Northland Cable Television, Inc 104.95 04/14/2023 Internet Backup 160474 Northstar Chemical Inc 3,025.00 04/14/2023 Sodium Hypochlorite Well #12 160475 Oasis Auto Spa 950.40 04/14/2023 March Car Washes 160476 Oreilly Auto Parts 455.92 04/14/2023 Battery Eq#414 W/O 58716 160477 Pasco Tire Factory, INC 2,540.48 04/14/2023 Tires Eq#58712 160478 Perteet, Inc.32,652.64 04/14/2023 Moses Lake Administrative Support 160479 Pow Contracting 618,094.32 04/14/2023 Westshore Biofilter Project 160480 Protect Youth Sports 131.40 04/14/2023 Background Checks 160481 Pud Of Grant County 75,402.26 04/14/2023 Mont Lake Irrigation 160482 Rdo Equipment Co.38.20 04/14/2023 Sweep/Cap Screws 160483 Redflex Traffic Systems Inc 47,701.93 04/14/2023 March23 Redflex 160484 Rexel USA 1,479.12 04/14/2023 Bulbs 160485 Sara Hofer 49.00 04/14/2023 Consignment Sales 160486 SCJ Alliance 4,154.50 04/14/2023 SMP Pro Services 160487 Shirtbuilders Inc 260.16 04/14/2023 Sweatshirts 160488 Transunion Risk & Alternative 183.20 04/14/2023 March Investigations Costs 160489 Ups Freight 51.42 04/14/2023 Shipping & Service Fees 160490 Util Undrgrnd Location Center 127.71 04/14/2023 Underground Utility Locates 160491 Washington State Patrol 274.00 04/14/2023 Background Checks 160492 Weaver Exterminating Srvc Inc 166.94 04/14/2023 Bi‐Monthly Rodent Control 160493 Weinstein Beverage Company 45.30 04/14/2023 Drinking Water 160494 Western Integrated Technologies, Inc 7,471.52 04/14/2023 Hoses 160495 Wheeler Excavation LLC 288,700.22 04/14/2023 Pay Estimate #4 Longview & Kinder 160496 Life Flight Network 10,660.00 04/14/2023 Life Flight 2023 160497 Caitlin Carter 103.00 04/17/2023 WHIA Conference 2023 160498 Juan Serrato 103.00 04/17/2023 WHIA Conference 2023 160499 Edmund Guerrero 103.00 04/17/2023 WHIA Conference 2023 160500 Port Of Moses Lake 1,654.65 04/17/2023 State ACH Made to City in Error 3,684,002.29$ Moses Lake Council Packet 4-25-23, Page 37 of 152 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Mayor and City Council 10649 Allison Williams, City Manager Administration 4/25/2023 Consent Agenda NCW Opioid Abatement Council Interlocal Agreement City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Approval of the Interlocal Agreement NCW Opioid Abatement Council ILA .docx 26.56KB The City of Moses Lake signed on to the One Washington Memorandum of Understanding which entered the city into the pool of municipalities receiving direct distributions from the settlements against opioid pharmaceutical supply chain participants. The settlement agreement requires that there is the creation of a regional opioid abatement council that oversees and reports on the distribution of and uses of funds to ensure compliance with the settlement agreement. The City of Moses Lake will still see our distribution over the next 17 years, and the funds must be used for purposes identified in the settlement agreement. The Public Safety Committee has had preliminary discussions about the use of funds including first responder training and covering the cost of the provision of Narcan. The city has received it's first allocation representing the first two years of the settlement agreement. The amount received is $33,295. In December conversations with the Attorney General's office, the 10% distribution reserved for the operation of the Opioid Abatement Council (OAC) was held back for distribution to the council once created. Should this operate differently, staff will report the difference. Options and Results Authorize staff to enter into the Interlocal Agreement. Moses Lake Council Packet 4-25-23, Page 38 of 152 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The interlocal agreement creating the NCW OAC is required in order to utilize the funds. Moses Lake Council Packet 4-25-23, Page 39 of 152 Regional ILA establishing OAC Page 1 of 6 INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, DOUGLAS COUNTY, GRANT COUNTY, OKANOGAN COUNTY, CITY OF WENATCHEE, CITY OF EAST WENATCHEE, CITY OF MOSES LAKE This Agreement is made by and between Chelan County, Douglas County, Grant County, Okanogan County and the cities of Wenatchee, East Wenatchee, and Moses Lake for the purpose of administering monetary amounts allocated to the counties of Chelan, Douglas, Grant, and Okanogan and the cities of Wenatchee, East Wenatchee, and Moses Lake resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants. The Parties to this Agreement mutually agree to the terms contained herein. RECITALS A. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are Participating Counties in the National Prescription Opiate Litigation, United States District Court for the Northern District of Ohio, Case No. 1:17-md- 02804-DAP. B. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are also Participating Local Governments to the One Washington Memorandum of Understanding Between Washington Municipalities (One WA MOU), a copy of which is attached hereto as Attachment A and fully incorporated herein. C. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake are also Participants to the Allocation Agreement Covering the Allocation of Funds Paid by the Settling Opioid Distributors in Washington State, a copy of which is attached hereto as Attachment B and fully incorporated herein (Allocation Agreement). D. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake anticipate receipt of other funds resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants. E. Funds allocated to Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee, and Moses Lake pursuant to the One WA MOU, the Allocation Agreement, and other funds resulting from settlements with and/or litigation against opioid pharmaceutical supply chain participants shall be collectively referred to herein as “Opioid Funds.” F. Chelan, Douglas, Grant, and Okanogan counties as well as the cities of Wenatchee, East Wenatchee and Moses Lake seek to establish the NCW Opioid Abatement Council (NCW-OAC) pursuant to Section C.4.h of the One WA MOU and pursuant to Section 15 of the Allocation Agreement for the purposes of administering Opioid Funds allocated to Chelan, Douglas, Grant, and Okanogan counties as well as the cities of Wenatchee, East Wenatchee and Moses Lake consistent with the Approved Purposes set forth in the One WA MOU and consistent with the purposes set forth in Section 8 of the Allocation Agreement. Moses Lake Council Packet 4-25-23, Page 40 of 152 Regional ILA establishing OAC Page 2 of 6 G. Tribal members are subject to separate agreements concerning Opioid Funds, are not subject to the One WA MOU or the Allocation Agreement described herein AGREEMENT 1. The foregoing Recitals A through G are true and correct and are incorporated herein by reference as if fully set forth herein. 2. Chelan, Douglas, Grant, and Okanogan counties and the cities of Wenatchee, East Wenatchee and Moses Lake or their designees hereby make up the membership of the NCW Opioid Abatement Council pursuant to Section C.4.h of the One WA MOU. Each participating local government shall appoint a person qualified under section C.4(i) of the One Washington MOU to the Council. 3. Pursuant to the One Washington MOU sections C. 4(d) and (e), each participating local government elects to receive direct payment of the settlement funds, for use for approved purposes as described in the One Washington MOU and section 8 of the Allocation Agreement. 4. Ten percent (10%) of Opioid Funds allocated to the participating counties and cities will be reserved, on an annual basis, for administrative costs related to the Opioid Abatement Council or it’s designee. NCW Opioid Abatement Council entities or their contract designees will provide an annual accounting for actual costs and any reserved funds that exceed actual costs will be reallocated to Approved Purposes in proportion to the Opioid Funds received by each participating local government. 5. Opioid Funds will be subject to mechanisms for auditing and reporting to provide public accountability and transparency. All records related to the receipt and expenditure of Opioid Funds shall be maintained for no less than five (5) years and such records shall be available for review by the Parties to this Agreement, government oversight authorities, and the public. Records requested by the public shall be produced in accordance with Washington’s Public Records Act RCW 42.56.001 et seq. 6. Members of the NCW-OAC or their designee will be responsible for the actions described in section 4(j) of the one Washington MOU. 7. Each local government shall be responsible for undertaking the actions provided in Section 4(g) of the One Washington MOU. 8. If any Party to this Agreement believes another Party violated the terms of this Agreement, the WA One MOU, and/or the Allocation Agreement, the aggrieved Party may seek judicial enforcement of the terms of this Agreement, the WA One MOU, and/or the Allocation Agreement. The Parties hereby stipulate that venue of any action shall be in accordance with Section E(3) of the One Washington MOU. Prior to filing any such action, the alleging Party shall first provide the alleged offending Party notice of the alleged violation(s) and a reasonable opportunity to cure the alleged violation(s). In such an enforcement action, any alleging Party or Moses Lake Council Packet 4-25-23, Page 41 of 152 Regional ILA establishing OAC Page 3 of 6 alleged offending Party may be represented by their respective public entity in accordance with Washington law. 9. Nothing in this MOU shall be interpreted to waive the right of any Party to seek judicial relief for conduct occurring outside the scope of this Agreement that violates any Washington law. In such an action, the alleged offending Party may be represented by their respective public entities in accordance with Washington law. In the event of a conflict, any Party may seek outside representation to defend itself against such an action. 10. Any additional agreements established by NCW-OAC parties shall be subject to the terms and conditions of this interlocal agreement establishing the NCW-OAC, May 1, 2023, as it may be amended or superseded from time to time, except that in the event of an inconsistency between this Agreement and subsequent agreements established by parties of the NCW-OAC, unless otherwise provided, the inconsistency is resolved by giving precedence in the following order: a. Applicable Federal and Washington State Statutes and Regulations. b. All terms and conditions in this Agreement, including the One WA MOU and the Allocation Agreement. c. The Parties’ interlocal agreement establishing the NCW-OAC, May 1, 2023, as it may be amended or superseded from time to time. d. Any other material incorporated herein by written reference. 11. Nondiscrimination. The Parties, their employees, and agents shall not discriminate against any person based on any reason prohibited by Washington state or federal law as adopted or subsequently amended. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties agree not to deny the legal effect or enforceability of this Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of this Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 13. This Agreement shall take effect upon the date of its full execution and shall expire on the date established by the NCW-OAC, as it may be amended or superseded from time to time. 14. Each Party represents that all procedures necessary to authorize such Party’s execution of this Agreement have been performed and that the person signing for such Party has been authorized to execute this Agreement. Moses Lake Council Packet 4-25-23, Page 42 of 152 Regional ILA establishing OAC Page 4 of 6 Approved this ___ day of _______________, 2023 CHELAN COUNTY BOARD OF COMMISSIONERS ______________________________________________ Tiffany Gering, Chair ______________________________________________ Shon Smith, Commissioner ______________________________________________ Kevin Overbay, Commissioner Attest: ____________________________________________ Carlye Baity, Clerk of the Board Approved this ___ day of _______________, 2023 DOUGLAS COUNTY BOARD OF COMMISSIONERS ______________________________________________ Dan Sutton, Chair ______________________________________________ Kyle Steinburg, Commissioner ______________________________________________ Marc Straub, Commissioner Attest: ______________________________________________ Tiana Rowland, Clerk of the Board Moses Lake Council Packet 4-25-23, Page 43 of 152 Regional ILA establishing OAC Page 5 of 6 Approved this ___ day of _______________, 2023 GRANT COUNTY BOARD OF COMMISSIONERS ______________________________________________ Danny Stone, Chair _____________________________________________ Rob Jones, Commissioner ______________________________________________ Cindy Carter, Commissioner Attest: ______________________________________________ Barbara J. Vasquez, Clerk of the Board Approved this ___ day of _______________, 2023 OKANOGAN COUNTY BOARD OF COMMISSIONERS ______________________________________________ Andy Hover, Chair ______________________________________________ Chris Branch, Commissioner ______________________________________________ Jim DeTro, Commissioner Attest: ______________________________________________ Lanie Johns, Clerk of the Board Approved this ___ day of _______________, 2023 Moses Lake Council Packet 4-25-23, Page 44 of 152 Regional ILA establishing OAC Page 6 of 6 Approved this ___ day of _______________, 2023 CITY OF MOSES LAKE ________________________________________________ Allison Williams, City Manager Attest: ______________________________________________ Debbie Burke, City Clerk Approved this ___ day of _______________, 2023 CITY OF MOSES LAKE ________________________________________________ Frank Kuntz, Mayor Attest: ______________________________________________ Tammy Stanger, City Clerk Approved this ___ day of _______________, 2023 CITY OF EAST WENATCHEE ________________________________________________ Jerrilea Crawford, Mayor Attest: ______________________________________________ Laura Leon, City Clerk Moses Lake Council Packet 4-25-23, Page 45 of 152 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Allison Williams, City Manager 10505 Madeline Prentice, Director Finance 4/25/2023 Consent Agenda Umpqua Banking Services Extension City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Authorize the City Manager to sign the extension of the banking services agreement with Umpqua Bank for an additional two years. If approved, the new contract would end May 8, 2025, with no increase in costs. 2018 Banking Services Agreement - Umpqua Bank.pdf 3.33MB Banking Services agreement - 04.2023 Extension.pdf 174.85KB RCW 39.58.080 requires that Council designate a qualified public depositary for banking services. The City has been in discussions with our current banking service provider, Umpqua Bank, regarding extending the contract for banking services for an additional two years. The current contract is set to expire on May 8, 2023. The Finance staff has a good relationship with the bank, and we are familiar with the branch and the home office personnel and procedures. While there is no mandate to do a public RFP process for banking services, it is encouraged, and the city has done so in previous years. However, as we are currently in the process of evaluating and selecting a new financial ERP software, we do not believe it is advisable to potentially change banks in the midst of implementing new financial software. An RFP is costly and time consuming and there are costs associated with changing banks, (changes to the existing system for check printing and download processes, new deposit slips and bags, retraining of personnel on new banking procedures and paperwork, staff time to notify all federal, state, county, and other entities with whom we receive and distribute funds to electronically, etc.). Once the new financial software has been implemented; we plan to initiate a banking services RFP in order to ensure we are receiving the most competitive rates for the banking services that are being provided. The banking services agreement would be extended for a two-year period with no increase in current costs. This request was presented to the Finance Committee at the April 11 Finance Committee meeting. Moses Lake Council Packet 4-25-23, Page 46 of 152 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Authorize the City Manager to sign the agreement to extend banking services with Umpqua Bank to May 28, 2025. Staff will bring back options for recommended changes. The banking services agreement would expire on May 8, 2023. Moses Lake Council Packet 4-25-23, Page 47 of 152 CITY OF MOSES LAKE BANKING SERVICES AGREEMENT I. PARTIES This Agreement for Banking Services (the "Agreement") is made and executed this _8_day of May, 2018, by and between the City of Moses Lake, Washington located at 401 S Balsam, Moses Lake, WA 98837 (hereinafter "CITY"), and Umpqua Bank an Oregon state chartered bank with a place of business at 1 SW Columbia, Suite 1200, Portland OR 97258 (the "Bank"). II. RECITALS 1. WHEREAS, the CITY desires to enter into an Agreement with the Bank for the performance of the Banking Services as set forth on Exhibit A (the "Banking Services") attached hereto; and 2. WHEREAS, the Bank is agreeable to performing such Banking Services for the CITY in accordance with the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the mutual benefits to the CITY and the Bank and in consideration of the terms and conditions specified below, the parties agree as follows: Ill. SCOPE OF BANKING SERVICES The Bank shall furnish all labor, materials, and supplies necessary to perform the required Banking Services. All performance of Banking Services under this Agreement shall meet all applicable requirements of the state and federal law. IV. TIME OF PERFORMANCE The Bank shall commence performance of the Banking Services for the CITY on March 1, 2018 and this Agreement shall be in effect for a term of two (2) years. Prior to expiration of the term of this contract, the CITY may exercise another (2) options to renew said Agreement for a period of one (1) additional year provided that 1. the Bank is in compliance with the terms and conditions of the Agreement, and 2. sufficient funds have been appropriated by the CITY in the Annual Budget for payment of the Banking Services to be performed by the Bank under the terms of this Agreement. The total term of this Agreement shall not exceed four (4) years. V. COMPENSATION A the Bank shall be paid at the specified rate for each of the Banking Services required by the CITY as set forth in Exhibit A 1 Moses Lake Council Packet 4-25-23, Page 48 of 152 B. The Bank shall invoice the CITY on a monthly basis for Banking Services rendered under this Agreement and in accordance with the compensation methods defined in Exhibit A, the Bank shall be compensated in accordance with the CITY's usual procedures. VI. INDEPENDENT CONTRACTOR The Bank is an independent contractor with respect to the Banking Services provided under this Agreement. Nothing in this Agreement shall create the relationship of employer and employee between the parties. Neither the Bank nor any employee of the Bank shall be entitled to any benefits accorded CITY employees by virtue of the performance of Banking Services provided under this Agreement. The CITY shall not, for any reason, be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State industrial insurance program, or otherwise assuming the duties of an employer with respect to the Bank, or any employee of the Bank. VII. INSURANCE The Bank shall maintain insurance appropriate to its industry and financial condition and as set forth below. The Bank shall provide to the CITY written verification of compliance as set forth below, which verification shall be attached to the Agreement as Exhibit B. The Bank may self insure. A. Insurance Term. The Bank shall procure and ·maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Bank, its agents, representatives, or employees. B. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance. The Bank shall obtain insurance of the types and coverage described below: 1. Automobile Uability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01. 2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, _operations , stop-gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Bank's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Bank. Banking Services Agreement 2 Moses Lake Council Packet 4-25-23, Page 49 of 152 D. Minimum Amounts of Insurance. The Bank shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. E. Other Insurance Provisions. The Bank's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or self- insured pool coverage maintained by the City shall be excess of the Bank's insurance and shall not contribute with it. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current AM. Best rating of not less than A:VII. G. Verification of Coverage. Bank shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Bank before commencement of the services. H. Notice of Cancellation. The Bank shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice. I. Failure to Maintain Insurance. Failure on the part of the Bank to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Bank to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Bank from the City. J. City Full Availability of Bank Limits. If the Bank maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Bank, irrespective of whether such limits maintained by the Bank are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Bank. VIII. TERMINATION A. Termination for Convenience: Either party may terminate this Agreement, with or without cause, upon ninety (90) days written notice to the other party at the notice address set forth in Section I. The CITY shall pay the Bank only for the Banking Services completed by the Bank in accordance with this Agreement. Banking Services Agreement 3 Moses Lake Council Packet 4-25-23, Page 50 of 152 B. Termination for Cause: If (1) either party materially breaches this Agreement, which breach is not cured within thirty (30) days by the breaching party, after written notice is given to the breaching party specifying the breach in reasonable detail, or (2) either party repeatedly breaches this Agreement within thirty (30) days after being given written notice specifying the breaches in reasonable detail, then the party not in breach may, by giving written notice thereof to the breaching party, terminate, as of an effective date specified in such notice of termination. The parties may also terminate any account or service agreements as otherwise may be provided therein. IX. GENERAL PROVISIONS A Integrated Agreement The CITY acknowledges that it may be required to enter into separate standard account and service agreements regarding the Banking Services. The separate standard account and service agreements will contain terms and conditions specific to each Banking Service. The entire and integrated agreement between the CITY and the Bank related to the Banking Services shall consist of this Agreement, the Bank's standard account and service' agreements and any applicable service-level agreements in connection with the Banking Services (including their respective user documentation and set-up forms). In the event of conflict among any of the preceding documents, such documents shall govern in the following order of precedence: (1) the applicable account or services agreement and/or terms and conditions; and (2) this Agreement. The integrated agreement supersedes all prior negotiations, representations, statements and agreements, whether written or oral, regard ing the Services. 8. Assignment. Except for assignment by Bank to a parent, subsidiary or affiliate of Bank ("Permitted Assignment"), neither party will assign any of its rights or obligations under this Agreement without the prior written consent of the other party. C. Limitation of Liability; Indemnification. EXCEPT FOR ANY DAMAGES ARISING WITH RESPECT TO DEATH OR PERSONAL INJURY, PROPERTY DAMAGE, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (e.g., LOST PROFITS), WITH RESPECT TO THIS AGREEMENT, EVEN IF THE PARTIES HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. The parties shall hold harmless, indemnify and defend the other party, its officers, officials, employees, volunteers and agents, from any and all claims injuries, damages, losses or suits, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property, caused by or arising out of the parties' acts, errors or omissions in the performance of this Agreement, except a parties' obligations hereunder shall not extend to injuries or damages caused by or arising out of the sole negligence of the other party, its officers, officials, employees, volunteers or agents. In no event shall the Bank be liable for punitive damages of any kind. Banking Services Agreement 4 Moses Lake Council Packet 4-25-23, Page 51 of 152 Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Bank and the City, its officers, officials, employees, and volunteers, the Bank's liability to the City, including the duty and cost to defend and by way of indemnification, hereunder shall be only to the extent of the Bank's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Bank;s waiver of immunity under Industrial Insurance, Title 51 RCW, solelty for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. D. Bank Personnel Bank acknowledges that certain Bank personnel may be critical to providing certain Banking Services under an applicable account or service agreement ("Key Personnel"). Bank may change or add to Key Personnel from time to time without the CITY's consent. E. Waiver A waiver of any breach by either party shall not constitute a wa iver of any subsequent breach. F. Choice of Law All questions concerning the validity, interpretation, performance, and enforcement of this Agreement shall be governed by the laws of the State of Washington, and venue for any action in court for the interpretation of the terms of this Agreement shall lie in Grant County, Washington. G. Compliance with Laws Both parties shall comply with all applicable federal, state, local laws, regulations, and City of Moses Lake ordinances in the performance of the Banking Services for the CITY under the terms of this Agreement. H~ Authorized Signatures. By their signatures below, each party represents that they are fully authorized to sign for and on behalf of the named principal above. I. Notice. Any notice required to be served under this Agreement shall be in writing, in English, and shall be transmitted by overnight courier to the parties at the addresses in this Agreement (Section 1) or such other addresses as may be specified by such written notice. J. Change. No amendment, modification, or supplement to this Agreement, nor any waiver of any term or breach of this Agreement, shall be valid unless in writing signed by an authorized representative of the party against whom it is to be enforced. No delay or failure in enforcing, or any partial enforcement of any right or remedy regarding this Agreement (whether through a course of dealing or otherwise) shall be deemed a modification or waiver of that or any other right or remedy, nor shall it preclude any enforcement or further enforcement of that or any other right or remedy. K. Survival. The following parts of this Agreement shall survive any expiration or termination of this Agreement: Section IX© (Limitation of Liability), Section VII (Termination) and Section IX (K) (Records), as well as any other provisions of this Agreement or any Bank account or service agreement, by their nature, are Banking Services Agreement 5 Moses Lake Council Packet 4-25-23, Page 52 of 152 naturally intended to survive an expiration or termination of this Agreement or any Bank account or service agreement. L. CONFIDENTIALITY. The terms of this Agreement shall be subJect to that certain Confidentiality and Nondisclosure Agreement dated _May 8, 2018 ____ , 2018. SIGNATURES APPEAR ON NEXT PAGE Banking Services Agreement 6 Moses Lake Council Packet 4-25-23, Page 53 of 152 -lt Dated this~ day of May, 2018. CITY OF MOSES LAKE Date: _s-'--·+-/_<2_· I-/_~) ___ D_{ _R'" __ _ I I Approved as to form: ~~{!;>( Banking Services Agreement 7 Moses Lake Council Packet 4-25-23, Page 54 of 152 EXHIBIT A TREASURY MANAGEMENT AND DEPOSIT SERVICES ACCOUNT ANALYSIS PROFORMA Combined Services -R·ecommended Account Struchlre & Servrees City of Moses Lake Month Used fu.r CalcuOat!ions: Nun'l.!1.e;r of !Days in ihie 1Mon1tt: Eamil!t(liS ·Cre.dit R.3te Ave<rai:r,e Ledg:er Ba!Binoe Less A•il'E!rage Roat AvNa.g;e Colllected Ballan,ce Averagie N~lwe Colllected Balance Ave<ragie :Posmi.re <Colllected Ba~nc,e llnvesta!blle-Balance llnve-stalbte Balance Less Baram:es R-e,q1Uiired foir Sen•tioes Eme.ssf{Defioo_) Balan,ce EaminEJ[s Om:edit .a't 0.45% of lnves!table Balance Less Total Alllal)'Z)ed Fees. Tot.a~ Anallyzecll Re,surlls, Requured En.vesta!bae Bafanooto Offse-t$~.oo in Totan Fees Net. E.amin11s Allowance Total Alnatyzed Fees .Analped Results Net Monthly Differentia!J Annualized Oiffenmfiat Banking Services Agreement 8 Jam11.1,uy-1 B 31i 0.45%. St,684,;577.94 $52.·QifliL 78 St,631.•60!9-.16 $0.0D S1.fl31.60Q. 16 $1,€131 .tJOQ.16 $9,631 JIO!Q~ 16 $1,63 t .{IOQ. 16 $1.,452,479.56 $H'9.-12Q.6[)i $623.§Q :$555.13 $0.0D Umpqua. Bank. :$623.5Q $555·.13 $0.00 $0.0D $0.00 Moses Lake Council Packet 4-25-23, Page 55 of 152 TREASURY MANAGEMENT AHO DEPOSIT SERVICES ACCOUNT ~YSIS PROFORMA Comblll&d Servlcae -RKomm&ndtll Al;r;ourt! Slructure & Servl~8 City of Moses Lak!! General AC0DUllt $-IIMOOB Monihly Account Maln1enar.,ce fore~n CUCTEflC)' Aocouril MOJIW)' .Mall:lll!namc:e- overl1131t Pale! liem NSF R6UIPl!4 Item Stop P<9men1-Braricn rnltlalell Step Pa,ment-Olllllle lnillla.l1!4 ftef Dey, Item spec r111&-lruc1!oos set Up PaperStatemenl lklpllcale MOnttl!y strlell'lm! sr.a1eme11t copy AcCOur.rt 1te&ear-c1:1 criei:anng GIJVlpll!<i Clleel c111recruoo ooon.edlc ClleCI CDm!~ fffl/lgll \Vffll)' ,ODA S!aleml!flt p,cr m.onttl Statement Speclali .Hallllllng mga4/lle couected EUt.an&e Fee tlfete5tPall:I Oepos:<i Assessme11t Mf150fee Mr:so St1J1iille, ExprKS Mall Clla19e5 O&poaltary S81'WICIIB oeposlts-Post-ea Remote Caprure Deposll:6 Pll6lell Cllel:l6 Pala ACHcre"11& ACHD.!bll:6 oeposrtoo items: on us oep~Jte:11rems:An ohms HefurMd Deposit tlem oomei;Hc Relllmed Deposit Item fore'lgn Store cummcy PuR:lla&ed per $1 OD storc-Cum:r,,cy al!4C-Om •Di!pc.;ue~ p2r~1~•J SlxJre Coln Ri!Us PUICllase!I per IOU SlxJre Coln aag oep11<olle11 SiloA! oepo&li SIJU)pll!fi Co~le(S Clleck VeJ1illca!!0l'I ,of Oep061t ACH Oflglna.'llon S,srvtcaa ACH Monlrlly t.1aln1enan~ • B~lrli!~ Orilne Banl!lng ACH M«itru~· Malnt.,n-.anc.a -Dfre~ Semel ACH Bil!Clle& Or!)_glnaif!d ACH O!!blt'S Clflgl/la~CI ACH crelffl or-9In..1e,:1 saml!!-Oay A.CH crecilts/Debfis. orrglna.t~ (I\Cllfl per-lllern fee) i,.r DetmlCle<lllls Ol'lgfllalell ACH ACldl!fldilS Orlglnilll!<I ACH Odglllated Re11Jmed !!em ACH N-Dlll11catlon of cnange Reven;al or A.CH fUe llelelloll o1 ACH file fteven;al or ACH Item Delel!0II Of ACH llem Banking Services Agreement VDIVl!ta 5 3 1.685 21)4 359 359 32 272 3,240 3 9 3 3 435 a.OD 25.0D 35.0D J.S.DD 35.0D 18.0D 2'1·.DD 3.00 CUID 3.00 41UID Aicoi;! 3&..00 7SJICI IUID 0.00 7.511'% 0.070D II.DD ·o.a• II.DO Fratrn cu;s D.10 0 .. 10 •.m 0.05 a.as 2.50 25.DD Cl.fS 0..075 D,10 7.50 eyaul!lle Ill.DD 25.flO 25.0D 3'1.00 5.01) 0,06 0.06 0.25 2.00 D.12 5.50 2.00 . IS.fl• 15..00 5.00 5,00 40.00 t04,6!i.9 0.00 Cl• 0.00 Cl· 0.00 ll· 0.00 0· O.IJO CJ. OAK! !J, Wal\l'ed II• 0.00 a. 0.00 II 0.00 Q, D 0.00 o, 0..00 Ill• 0.00 CJ, 0.00 II WK! t:I· D \Val\l'ed Q, 0.00 D· 0.00 O· 0.00 CJ, 25.00 ES,412· 0.00 0 35.90 93,93,2 35.90 93,932 3..20 8,373 13.~ as,sll.4 ff,Ul(] <1123,671 7.51:1 19,624 0.00 II 0.00 0 61.114 159,699 0.00 o, 0.00 0 0 0.00 a 0.00 Cl YlalVect Cl 0.00 II WalVeel !J, 024 623 34.110 91,054 0.00 0 0.00 Cl· 0.00 Cl 0.,00 Cl 0.00 II 0.00 0· 0.00 0 0.00 0 0.00 !I Moses Lake Council Packet 4-25-23, Page 56 of 152 TREASURY MANAGEMENT AND DEPOSIT SERVICES servllll& DHCfl A.CH Ra,porllln9 ~IIMCH .ACH R,emltlinC!! AdVIC!!& -Pl!J Aocount ACH RNlllmi onun.e Hep111~n,i WJre nane:htrSer.·1c:M BLl511111!ts Online Wire ~'i!Ji'lee MD Ma1nl 11noonnrng DoimK!le Vl'll'I!! llnccr.nrng rntel!Tlii!ID:lrnall\'ill'l: Blll61~ Online o,11t:901n,g D:>me&11c Wlffi til)5Jme.ss 011Jll?Je O~lm!J Foreign. lJISD Will!! lllifr: A<am.-'~ .naiit~ ~·ll!JM' 5W6lr.J1!$U)nlfrle Olllljp:Jln!J FX\'11111! liifr: A-I-...i:a:t•.D.a!M·~ ~-~ Ollli!l(lllllg Dorrnatlc Win!-s.t:ue Ourlgoll:!g F0Tl!ll;Jrn USD IAlll!e -stl:Jre Ourlgolb!J Fwelgrn FX Win! -$.1Dffi wsre t:ra.cae-or Amerrdnnen~ ll!lC(Jr:nlbg Wire Nolm.:a/llam Fait Noli!nc.an100 :pen111te ElmiaD INlll<'il!lt:alll:m P~f\lfre CD-Rorn imaaimm Sarwlcn [S&mc& cam:eTellJ Moril!:11yli'\l!f AOCOumt{M,acJ11mrunn a~i1lllCJ p!!!r s~emfCJ~leJ F.r11udPn1t8"1/llon SSA.1Cl1141 •Cll•Ck l'Jlllllil P,re:we11!ffl011 [1f&W Se!'ll[Clt] Req.oim BlllS.\li'e~ O.niWle Bai~lti~ ;reM'ce ClletklllD:>ctAr:c'!Mo Malnlt ctlect ·!'06 Pay MO!lllnt Mlamtl!!l)'M;alml {t-5 AllCt:s) Pff ;a001MJmt Cllect ·Par; Pa7 A.ciooont Momllllly IM.irmt {6il Al:$} per ;acc,auM Check Po&-PaJll6i~85 Cllecl. Ptlfi. Pay Vollll6 Clleel: ,P'06 Pa)' R'!fflmr.li -01!11!19 B:&nklllg SelVfc&II 61i1SIITII!~ Online MllllU US!!-! l,f,o. M.alil (3-+ Users) ,;\,c.\.-oes~-s.~ Tolen SE<1J1,1ncy r.,orutMy Ma'lnGenance per cus1o.lllii!r TOl-211 secunfy-T0le111 IIS!ililamce i!l'=r UE<er Ziitro BSllarlca Ai:c011Jl1'1t.Ser11!1Cea ZBA Lead Acc1 Mo Mal mt Per 1«:ro1.1nt ZBA &ub-Accoum1 Mo Malrrt PerA/:x:ount Banking Services Agreement 25.0D O·llO 25.00 15,lJCJ 15Jl0 5 10.0D 2:5110 2:5llO J.ollD SO.DO S(l·..00 JCJlD o.mc 0-.CD 25·..CID D,.CID 4't..CID 10c0D CU)! OJ:U SJSD 9.95 8.00 55.00 JO.OD 8.00 TotSI Ac>1Mty cnarpea 10 Wllllled 0 111\!ll'll Q W.ilved 0 01110 0· !!LIiii! 0 51Lllill (30,152.4 11\.1110 0 !!Lllill 0 uo-0 Ci.>ll•J· 0 Ocllilt 0 HO 0· uo 0 CLIIO 0, 0..110 0 u,n-0 4M•l 104,6S9 Cl.110 0 uo Cl Hill a ®.!!Ill 0 '!il.~ 26.,DM &.110 20,9)2' >llul!O Waived 0 &.110 2D,9)2 55i.:13 1,.452,48(1 Moses Lake Council Packet 4-25-23, Page 57 of 152 Merchant Services Discount Per Monthly Chain Account Name Merchant ID# Status Rate Item Fee OA017S Police Dept 4445022730861 open 0.10% $0.10 $10.00 OA037S Skate Shack 4445022731067 open 0.10% $0.10 $10.00 OA038S City Hall 4445022731075 open 0.10% $0.10 $10.00 OA039S Business Licensing 4445022731083 open 0.~0% $0.10 $10.00 OA040S Museum 4445022731091 open 0.10% $0.10 $10.00 OA556S Fire Dept 4445022736256 open 0.10% $0.10 $10.00 OA786S Engineering Dept 4445022738559 open 0.10% $0.10 $10.00_ Planning & Building OA787S Dept 4445022738567 open 0.10% $0.10 $10.00 Banking Services Agreement 11 Moses Lake Council Packet 4-25-23, Page 58 of 152 EXHIBIT B INSURANCE COMPLIANCE VERIFICATION Banking Services Agreement 12 Moses Lake Council Packet 4-25-23, Page 59 of 152 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/0DNYYY) ~ 5/8/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS .NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~?CT Ben Thomason Woodruff-Sawyer Oregon, Inc. !'.f!!?NE ~--"· 503-416-7180 I r.ifc Nol: 1001 SW 5th Avenue #1000 Portland OR 97204 ~~o~~"S: bthomosonl@wsandco.com INSURER($) AFFORDING COVERAGE NAIC# INSURER A: Federal Insurance Company 20281 INSURED UMPOHOL-01 INSURER B: Axis Insurance Comoanv 37273 Umpqua Holdings Corporation INSURER c: Travelers Casuaitv and Suretv Comoanv of America 31194 One SW Columbia #1200 Portland, OR 97258 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 2127197068 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED .BY PAID CLAIMS. INSR TYPE OF INSURANCE AD0L SUBR ,~ahl%Ym;,, POLICY EXP LIMITS LTR ,,~on l un,n POLICY NUMBER IMM/DO/YYYYl COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ -D CLAIMS-MADE • OCCUR DAMAGE TO RENTED -PREMISES IEa ocCtJrrenrol $ -MEO EXP (Anv one person) $ -PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ R •PRO-• PRODUCTS -COMP/OP AGG s POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accidenn 1--ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED BODILY INJURY (Per accident) $ '---AUTOS ONLY 1--AUTOS • HIRED NON-OWNED fROPERTY DAMAGE $ 1--AUTOS ONLY ~ AUTOS ONLY Per accidentl $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ 1-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION s $ WORKERS COMPENSATION I ~f~TUTE I I OTH-ER ANO EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE • N/A E.L. EACH ACCIDENT s OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ glit~;'r;'ff3N on?~PERATIONS below E.L. DISEASE· POLICY LIMIT $ A Bankers E&O Uab 82404593 4/1812018 4/18/2019 Limit/Retention $10M/$2M B 1st Excess Bankers E&O MLN780396012018 4118/2018 4/1812019 limit $10,000,000 C 2nd Excess Bankers E&O 106090344 4/1812018 4/18/2019 Limit $10,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Operations of the Named Insured subject to the terms. conditions and exclusion_s ~f the golicy issued by !he lns_ur~~ce Company. 1) Banker's Errors and Omissions (above) includes Professional Errors and Om1ss1ons, ankers Professional L1ab1hty and Trust Department Errors and Omissions. 2) Directors and Officers Liability 3) Bankers Bond 4) Cyber Liability 2) Directors and Officers Liability See Attached ... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Moses Lake 401 S. Balsam AUTHORIZED REPRESENTATIVE Moses Lake WA 98837 ~1~ I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Moses Lake Council Packet 4-25-23, Page 60 of 152 AGENCY CUSTOMER ID: ...:.U_M_P_Q_H_O_L-_0_1 ____________ _ LOC #: ______ _ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Woodruff-Sawyer Oregon, Inc. Umpiua Holdings Co~oralion One W Columbia #1 00 POLICY NUMBER Portland, OR 97258 CARRIER I NAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Policy Number 82404598 Federal Insurance Company (Chubb) 4/18/2018 -4/18/2019 Limit -$10,000,000 1st Excess Directors and Officers Liability Policy Number MLN780397012018 Axis Insurance Company 4/18/2018 -4/18/2019 Limit -$10,000,000 2nd Excess Directors and Officers Liability Policy Number 106090378 Travelers Casualty & Surety Company of America 4/18/2018-4/18/2019 Limit-$5,000,000 1-------------------------------------- The following policies evidence a Banker's Blanket Bond including Electronic Funds Transfer and Computer Fraud Insurance: 3) Fidelity Bond Policy Number 82149708 Federal Insurance Company (Chubb) 4/18/2018 -4/18/2019 Limit -$15,000,000 per Occurrence/$30,000,000 Aggregate ••Financial Institution Bond Program includes Social Engineering Endorsement 1st Excess Fidelity Bond Policy Number 01-354-79-75 National Union Fire Insurance Company of Pittsburgh, Pa. 4/18/2018 -4/18/2019 Limit -$15,000,000 ---------------------------- 4) Cyber Liability Policy Number EON G25570893 002 ACE American Insurance Company (Chubb) 4/18/2018 -4/18/2019 Limit-$10,000,000 Excess Cyber Liability Policy Number 01-357-11-69 AIG Specialty Insurance Company 4/18/2018 -4/18/2019 Limit -$10,000,000 Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Moses Lake Council Packet 4-25-23, Page 61 of 152 UMPQ-PRIVATE Extension of Agreement for Banking Services City of Moses Lake This extension is for the Agreement dated 5/8/2018 by and between City of Moses Lake, 401 S. Balsam, Moses Lake, Washington ("City”) and Umpqua Bank, 1 SW Columbia, Suite 1200, Portland, Oregon an Oregon Corporation ("Umpqua Bank") for banking services. 1.Term. The parties agree to extend the agreement for an additional two- year period, so that the agreement will expire 5/8/2025. 2.Costs. The parties agree to retain the costs as set forth in Exhibit A. 3.Ratification. In all other respects, the Agreement shall remain in effect and is ratified and affirmed by all parties. In Witness Whereof, the City and Umpqua Bank have executed this Extension as of 04/05/2023. Umpqua Bank By: ________________ Diane Sellers, SVP - Public Deposit Director City of Moses Lake By: _______________ Allison Williams - City Manager Moses Lake Council Packet 4-25-23, Page 62 of 152 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 10627 Richard Law, City Engineer Municipal Services 4/25/2023 New Business Stormwater Code Update and Presentation City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Stormwater staff will present the attached Stormwater Program Overview and Proposed Code Updates to align with the requirements of the Cities NPDES permit. EWAPermit_Final.pdf 1.42MB Stormwater Program Overview.pdf 1001.68KB FINAL DRAFT ORDINANCE Title 13_.docx 23.03KB Moses Lake Council Packet 4-25-23, Page 63 of 152 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Present to Council the proposed Municipal Code changes that are required by the City of Moses Lake's National Pollutant Discharge Elimination Phase II Eastern Washington Permit. WAR04-6510. The changes proposed are as follows: Chapter 13.01.040 Addition of the Glossary Term from the Stormwater Management Manual for Eastern Washington "BMP" or Best Management Practice. Chapter 13.02.020 Item C. To add the following materials under construction Materials that are an Illicit Discharge " Silt, Sediment, Gravel". Chapter 13.02.020 Item V. To Prohibit Sidewalk and Street Flushing to align with City of Moses Lake Community Standards adopted by Council Jan 10, 2023. Chapter 13.02.040 Item B. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. Chapter 13.02.040 Item C. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, and reoxygenated if necessary, and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. Chapter 13.02.040 Item D. Remove Street and Sidewalk Flushing and replace with current Section E. If the required elements outlined in the Permit are not satisfied the potential maximum fines could be $10,000 per day, per violation, from the Washington State Department of Ecology. This does not include the potential EPA fines that may be added on top of the Ecology fines. Options and Results Staff requests Council to adopt the Ordinance as presented. If amended direction is requested by Council, the City will be required to self report an additional declaration of non-compliance. The City will be out of compliance with the Washington State Department of Ecology and the EPA. This will lead to compliance escalation and potential fines. Moses Lake Council Packet 4-25-23, Page 64 of 152 Moses Lake Council Packet 4-25-23, Page 65 of 152 This page intentionally left blank Moses Lake Council Packet 4-25-23, Page 66 of 152 Eastern Washington Phase II Municipal Page i Stormwater Permit TABLE OF CONTENTS Page APPENDICES ..................................................................................................................................... ii SPECIAL CONDITIONS ....................................................................................................................... 1 S1. Permit Coverage And Permittees............................................................................................. 1 S2. Authorized Discharges ............................................................................................................ 5 S3. Responsibilities Of Permittees ................................................................................................. 6 S4. Compliance With Standards .................................................................................................... 6 S5. Stormwater Management Program For Cities, Towns, And Counties......................................... 9 S5.B. SWMP Components .................................................................................................................... 10 S5.B.1. Public Education and Outreach ..................................................................................................... 10 S5.B.2. Public Involvement and Participation ........................................................................................... 12 S5.B.3. Illicit Discharge Detection and Elimination .................................................................................. 12 S5.B.4. Construction Site Stormwater Runoff Control ............................................................................ 17 S5.B.5. Post-Construction Stormwater Management for New Development and Redevelopment ...................................................................................................................... 20 S5.B.6. Municipal Operations and Maintenance ................................................................................... 24 S6. Stormwater Management Program For Secondary Permittees ............................................... 28 S6.A. Secondary Permittee Coverage ................................................................................................... 28 S6.B. Coordination ............................................................................................................................... 29 S6.C. Legal Authority ............................................................................................................................ 29 S6.D. Stormwater Management Program for Secondary Permittees .................................................... 29 S6.D.1. Public Education and Outreach ..................................................................................................... 29 S6.D.2. Public Involvement and Participation ........................................................................................... 30 S6.D.3. Illicit Discharge Detection and Elimination .................................................................................. 30 S6.D.4. Construction Site Stormwater Runoff Control ............................................................................ 32 S6.D.5. Post-Construction Stormwater Management for New Development and Redevelopment ....................................................................................................................... 33 S6.D.6. Pollution Prevention and Good Housekeeping for Municipal Operations .............................. 33 S7. Compliance With Total Maximum Daily Load Requirements ................................................... 35 S8. Monitoring And Assessment ................................................................................................. 35 S8.A. Stormwater Management Program Effectiveness Studies ........................................................... 35 S8.B. Reporting .................................................................................................................................... 36 S9. Reporting Requirements ............................................................................................................ 37 GENERAL CONDITIONS ................................................................................................................... 39 DEFINITIONS AND ACRONYMS ....................................................................................................... 45 Moses Lake Council Packet 4-25-23, Page 67 of 152 Eastern Washington Phase II Municipal Page ii Stormwater Permit APPENDICES APPENDIX 1 – Minimum Technical Requirements for Stormwater Management at New Development and Redevelopment Sites APPENDIX 2 – Total Maximum Daily Load Requirements APPENDIX 3 – Annual Report Questions for Cities, Towns and Counties APPENDIX 4 – Annual Report Questions for Secondary Permittees APPENDIX 5 – Annual Report Questions for New Permittees APPENDIX 6 – Street Waste Disposal APPENDIX 7 – IDDE Reporting data and format Moses Lake Council Packet 4-25-23, Page 68 of 152 Eastern Washington Phase II Municipal Page 1 of 53 Stormwater Permit - August 1, 2019 SPECIAL CONDITIONS S1. PERMIT COVERAGE AND PERMITTEES A. Geographic Area of Permit Coverage This Permit is applicable to owners or operators of regulated small Municipal Separate Storm Sewer Systems (MS4s) located in eastern Washington State, which is bounded on the western side by the Cascade Mountains crest except in Yakima and Klickitat counties which are, in their entireties, included. 1. For all Cities required to obtain coverage under this Permit, the geographic area of coverage is the entire incorporated area of the City. 2. For all Counties required to obtain coverage under this Permit, the geographic area of coverage is the urbanized areas and the unincorporated urban growth areas associated with permitted Cities within the urbanized areas that are under the jurisdictional control of the County. The geographic area of coverage also includes any urban growth areas that are contiguous to permitted urbanized areas that are under the jurisdictional control of the County. For Walla Walla County, the geographic area of coverage also includes the unincorporated urban growth areas associated with the Cities of Walla Walla and College Place. For Yakima County, the geographic area of coverage also includes the unincorporated urban growth area associated with the City of Sunnyside. 3. For Secondary Permittees required to obtain coverage under this Permit, the minimum geographic area of coverage includes all areas identified under S1.A.1 and S1.A.2, above. At the time of permit coverage, Ecology may establish a geographic area of coverage specific to an individual Secondary Permittee. 4. All regulated small MS4s owned or operated by the Permittees named in S1.D.2.a(i) and (ii) and located in another city or county area requiring coverage under either this Permit, or the Western Washington Phase II Municipal Stormwater Permit or the Phase I Municipal Stormwater Permit, are also covered under this Permit. B. Regulated small municipal separate storm sewer systems (MS4s) All operators of regulated small MS4s are required to apply for and obtain coverage under this Permit or be permitted under a separate individual or general permit, unless waived or exempted in accordance with Special Condition S1.C. 1. A regulated small MS4: Is a “small MS4” as defined in the Definitions and Acronyms section at the end of this Permit; and Is located within, or partially located within, an urbanized area as defined by the latest decennial census conducted by the U.S. Census Bureau or is designated by Ecology pursuant to either 40 CFR 122.35(b) or 40 CFR 122.26(f); and Moses Lake Council Packet 4-25-23, Page 69 of 152 S1.B.2 S1.C.1 Eastern Washington Phase II Municipal Page 2 of 53 Stormwater Permit - August 1, 2019 Discharges stormwater from the MS4 to a surface water of Washington State; and Is not eligible for a waiver or exemption under S1.C, below. 2. All other operators of MS4s, including special purpose districts which meet the criteria for a regulated small MS4, shall obtain coverage under this Permit. Other operators of MS4s may include, but are not limited to: flood control, or diking and drainage districts; schools, including universities; and correctional facilities which own or operate a small MS4 serving non-agricultural land uses. 3. Any other operators of small MS4s may be required by Ecology to obtain coverage under this Permit or an alternative NPDES permit if Ecology determines the small MS4 is a significant source of pollution to surface waters of the State. Notification of Ecology’s determination that permit coverage is required will be through the issuance of an Administrative Order issued in accordance with RCW 90.48. 4. The owner or operator of a regulated small MS4 may obtain coverage under this Permit as a Permittee, Co-Permittee, or Secondary Permittee as defined in S1.D.1 below. 5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology to require that additional MS4s obtain coverage under this Permit. The process for petitioning Ecology is: The person or organization shall submit a complete petition in writing to Ecology. A complete petition shall address each of the relevant factors for petitions outlined on Ecology’s website. In making its determination on the petition, Ecology may request additional information from either the petitioner or the entity that is the subject of the petition. Ecology will make a final determination on a complete petition within 180 days after receipt of the petition and inform both the petitioner and the MS4 of the decision, in writing. If Ecology’s final determination is that the candidate MS4 will be regulated, Ecology will issue an order to the MS4 requiring them to obtain coverage under this Permit. The order will specify: The geographic area of permit coverage for the MS4; Any modified dates or deadlines for developing and implementing this Permit, as appropriate to the MS4, and for submitting their first Annual Report; and A deadline for the MS4 to submit a complete Notice of Intent (NOI, see Ecology’s website) to Ecology. C. Owners and operators of an otherwise regulated small MS4 are not required to obtain coverage under this Permit if: 1. The small MS4 is operated by: A federal entity, including any department, agency or instrumentality of the executive, legislative, and judicial branches of the Federal government of the United States; or Moses Lake Council Packet 4-25-23, Page 70 of 152 S1.C.2 S1.D.1 Eastern Washington Phase II Municipal Page 3 of 53 Stormwater Permit - August 1, 2019 Federally recognized Indian Tribes located within Indian Country, including all trust or restricted lands within the 1873 Survey Area of the Puyallup Tribe of Indians; or The Washington State Department of Transportation. Or 2. The portions of the small MS4 located within the census-defined urbanized area(s) serve a total population of less than 1,000 people and a, b, and c below all apply: The small MS4 is not contributing substantially to the pollutant loadings of a physically interconnected MS4 that is regulated by the NPDES stormwater program. The discharge of pollutants from the small MS4 has not been identified as a cause of impairment of any water body to which the MS4 discharges. In areas where an EPA-approved TMDL has been completed, stormwater controls on the MS4 have not been identified as being necessary to meet wasteload allocations established in the TMDL that address the pollutant(s) of concern. In determining the total population served by the small MS4, both resident and commuter populations shall be included. For example: • For publicly operated school complexes including universities and colleges, the total population served would include the sum of the average annual student enrollment plus staff. • For flood control, diking, and drainage districts the total population served would include residential population and any non-residents regularly employed in the areas served by the small MS4. D. Obtaining coverage under this Permit. All operators of regulated small MS4s are required to apply for and obtain coverage in accordance with this Section, unless waived or exempted, in accordance with Section S1.C. 1. Unless otherwise noted, the term “Permittee” includes a city, town or county Permittee, New Permittee, Co-Permittee, Secondary Permittee, and New Secondary Permittee, as defined below: A “Permittee” is a city, town, or county owning or operating a regulated small MS4 and receiving a permit as a single entity. A “New Permittee” is a city, town, or county that is subject to the Eastern Washington Phase II Municipal Stormwater General Permit and was not subject to the Permit prior to August 1, 2019. A “Co-Permittee” is any owner or operator of a regulated small MS4 that is applying in a cooperative agreement with at least one other applicant for coverage under this Permit. A Co-Permittee owns or operates a regulated small MS4 located within or in proximity to another regulated small MS4. A “Secondary Permittee” is an operator of a regulated small MS4 that is not a city, town, or county. Secondary Permittees include special purpose districts and other MS4s that meet the criteria for a regulated small MS4 in S1.B, above. Moses Lake Council Packet 4-25-23, Page 71 of 152 S1.D.2 S1.D.2 Eastern Washington Phase II Municipal Page 4 of 53 Stormwater Permit - August 1, 2019 A “New Secondary Permittee” is a Secondary Permittee that is covered under a Municipal Stormwater General Permit and was not covered by the Permit prior to August 1, 2019. 2. Operators of regulated small MS4s have submitted or shall submit an application to Ecology by either the Notice of Intent (NOI) for Coverage under National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permit; or the Duty to Reapply – NOI, provided on Ecology’s website. The following Permittees and Secondary Permittees submitted a Duty to Reapply – NOI to Ecology prior to February 1, 2019: Cities and Towns: Asotin, Clarkston, East Wenatchee, Ellensburg, Kennewick, Moses Lake, Pasco, Pullman, Richland, Selah, Spokane, Spokane Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee, West Richland, and Yakima Counties: Asotin County, Chelan County, Douglas County, Spokane County, Walla Walla County, and Yakima County Secondary Permittees: Central Washington University, Eastmont Metropolitan Park District, Port of Benton, Selah School District #119, Sunnyside Valley Irrigation District, Washington State University Pullman, Washington State University Spokane, Washington State University Tri-Cities, and Yakima Valley Community College Operators of regulated small MS4s have submitted or shall submit to Ecology a “Notice of Intent (NOI) for Coverage under National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permit” provided on Ecology’s website before the effective date of this Permit, with the following exceptions: Operators of regulated small MS4s located in the City of College Place shall submit a NOI or application to Ecology no later than 30 days after the effective date of this Permit. Operators of regulated small MS4s listed in S1.D.2.a do not need to submit a new application to be covered under this Permit. For operators of regulated small MS4s listed in S1.D.2.a, coverage under this Permit is automatic and begins on the effective date of this Permit, unless the operator chooses to opt out of this General Permit. Any operator of a regulated small MS4 that is opting out of this Permit shall submit an application for an individual MS4 permit, in accordance with 40 CFR 122.33(b)(2)(ii), no later than the effective date of this Permit. Operators of regulated small MS4s which want to be covered under this Permit as Co- Permittees shall each submit a NOI to Ecology. Operators of regulated small MS4s which are relying on another entity to satisfy all of their permit obligations shall submit a NOI to Ecology. Operators of small MS4s designated by Ecology pursuant to S1.B.3 of this Permit shall submit a NOI to Ecology within 120 days of receiving notification from Ecology that permit coverage is required. Moses Lake Council Packet 4-25-23, Page 72 of 152 S1.D.3 S2.B.3 Eastern Washington Phase II Municipal Page 5 of 53 Stormwater Permit - August 1, 2019 3. Application requirements For NOIs submitted after the issuance date of this Permit, the applicant shall include a certification that the public notification requirements of WAC 173-226-130(5) have been satisfied. Ecology will notify applicants in writing of their status concerning coverage under this Permit within 90 days of Ecology’s receipt of a complete NOI. Each Permittee applying as a Co-Permittee shall submit a NOI provided on Ecology’s website. The NOI will clearly identify the areas of the MS4 for which the Co-Permittee is responsible. Permittees which are relying on another entity or entities to satisfy one or more of their permit obligations shall include with the NOI a summary of the permit obligations that will be carried out by another entity. The summary shall identify the other entity or entities and shall be signed by the other entity or entities. During the term of the Permit, Permittees may terminate or amend shared responsibility arrangements by notifying Ecology, provided this does not alter implementation deadlines. Secondary Permittees required to obtain coverage under this Permit, and the Western Washington Phase II Municipal Stormwater Permit or the Phase I Municipal Stormwater Permit may obtain coverage by submitting a single NOI. S2. AUTHORIZED DISCHARGES A. This Permit authorizes the discharge of stormwater to surface waters and to groundwaters of the State from MS4s owned or operated by each Permittee covered under this Permit, in the geographic area covered pursuant to S1.A. These discharges are subject to the following limitations: 1. Discharges to groundwaters of the State through facilities regulated under the Underground Injection Control (UIC) program, Chapter 173-218 WAC, are not authorized under this Permit. 2. Discharges to groundwaters not subject to regulation under the Federal Clean Water Act are authorized in this Permit only under state authorities, Chapter 90.48 RCW, the Water Pollution Control Act. B. This Permit authorizes discharges of non-stormwater flows to surface waters and to groundwaters of the State from MS4s owned or operated by each Permittee covered under this Permit, in the geographic area covered pursuant to S1.A, only under the following conditions: 1. The discharge is authorized by a separate NPDES permit or State Waste Discharge Permit. 2. The discharge is from emergency firefighting activities. 3. The discharge is from another illicit or non-stormwater discharge that is managed by the Permittee as provided in Special Condition S5.B.3 or S6.D.3. These discharges are also subject to the limitations in S2.A.1 and S.2.A.2, above. Moses Lake Council Packet 4-25-23, Page 73 of 152 S3.A.1 S3.B.2 Eastern Washington Phase II Municipal Page 6 of 53 Stormwater Permit - August 1, 2019 C. This Permit does not relieve entities that cause illicit discharges, including spills of oil or hazardous substances, from responsibilities and liabilities under state and federal laws and regulations pertaining to those discharges. D. Discharges from MS4s constructed after the effective date of this Permit shall receive all applicable state and local permits and use authorizations, including compliance with Chapter 43.21C RCW (the State Environmental Policy Act). E. This Permit does not authorize discharges of stormwater to waters within Indian Country as defined in 18 U.S.C. §1151, or to waters subject to water quality standards of Indian Tribes, including portions of the Puyallup River and other waters on trust or restricted lands within the 1873 Survey Area of the Puyallup Tribe of Indians Reservation, except where authority has been specifically delegated to Ecology by the U.S. Environmental Protection Agency. The exclusion of such discharges from this Permit does not waive any rights the State may have with respect to the regulation of the discharges. S3. RESPONSIBILITIES OF PERMITTEES A. Each Permittee covered under this Permit is responsible for compliance with the terms of this Permit for the regulated small MS4s which they operate. Compliance with (1) or (2) below is required as applicable to each Permittee, whether the Permittee has applied for coverage as a Permittee, a Co-Permittee, or a Secondary Permittee. 1. All city, town, and county Permittees are required to comply with all conditions of this Permit, including any appendices referenced therein, except for Section S6 – Stormwater Management Program for Secondary Permittees. 2. All Secondary Permittees are required to comply with all conditions of this Permit, including any appendices referenced therein, except for Sections S5 – Stormwater Management Program for Cities, Towns, and Counties and S8 – Monitoring and Assessment. B. Permittees may rely on another entity to satisfy one or more of the requirements of this Permit. Permittees that are relying on another entity to satisfy one or more of their permit obligations remain responsible for permit compliance if the other entity fails to implement the permit conditions. Permittees may rely on another entity provided all of the requirements of 40 CFR 122.35(a) are satisfied, including but not limited to: 1. The other entity, in fact, implements the permit requirements. 2. The other entity agrees to take on responsibility for implementation of the permit requirement(s) as indicated in the NOI. S4. COMPLIANCE WITH STANDARDS A. In accordance with RCW 90.48.520, the discharge of toxicants to waters of the State of Washington which would violate any water quality standard, including toxicant standards, sediment criteria, and dilution zone criteria is prohibited. The required response to such discharges is defined in Section S4.F, below. Moses Lake Council Packet 4-25-23, Page 74 of 152 S4.F.1 S4.F.3 Eastern Washington Phase II Municipal Page 7 of 53 Stormwater Permit - August 1, 2019 B. This Permit does not authorize a discharge which would be a violation of Washington State Surface Water Quality Standards (WAC 173-201A), Groundwater Quality Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 173-204 WAC), or human health- based criteria in the national Toxics Rule (40 CFR 131.45). The required response to such discharges is defined in Section S4.F, below. C. The Permittee shall reduce the discharge of pollutants to the Maximum Extent Practicable (MEP). D. The Permittee shall use All Known, Available, and Reasonable methods of prevention, control, and Treatment (AKART) to prevent and control pollution of waters of the State of Washington. E. In order to meet the goals of the Clean Water Act, and comply with S4.A, S4.B, S4.C, and S4.D, each Permittee shall comply with all of the applicable requirements of this Permit as defined in S3 – Responsibilities of Permittees. F. A Permittee remains in compliance with S4 despite any discharges prohibited by S4.A or S4.B, when the Permittee undertakes the following response toward long-term water quality improvement: 1. A Permittee shall notify Ecology in writing within 30 days of becoming aware, based on credible site-specific information that a discharge from the MS4 owned or operated by the Permittee is causing or contributing to a known or likely violation of water quality standards in the receiving water. Written notification provided under this subsection shall, at a minimum, identify the source of the site-specific information, describe the nature and extent of the known or likely violation in the receiving water, and explain the reasons why the MS4 discharge is believed to be causing or contributing to the problem. For ongoing or continuing violations, a single written notification to Ecology will fulfill this requirement. 2. In the event that Ecology determines, based on a notification provided under S4.F.1 or through any other means, that a discharge from a MS4 owned or operated by the Permittee is causing or contributing to a violation of water quality standards in a receiving water, Ecology will notify the Permittee in writing that an adaptive management response outlined in S4.F.3, below, is required, unless: Ecology determines that the violation of water quality standards is already being addressed by a Total Maximum Daily Load (TMDL) or other enforceable water quality cleanup plan; or Ecology concludes the MS4 contribution to the violation will be eliminated through implementation of other permit requirements. 3. Adaptive Management Response Within 60 days of receiving a notification under S4.F.2, or by an alternative date established by Ecology, the Permittee shall review its Stormwater Management Program (SWMP) and submit a report to Ecology. The report shall include: A description of the operational and/or structural Best Management Practices (BMPs) that are currently being implemented to prevent or reduce any pollutants that are causing or contributing to the violation of water quality standards, including a qualitative assessment of the effectiveness of each BMP. Moses Lake Council Packet 4-25-23, Page 75 of 152 S4.G.1 S4.G.1 Eastern Washington Phase II Municipal Page 8 of 53 Stormwater Permit - August 1, 2019 A description of potential additional operational and/or structural BMPs that will or may be implemented in order to apply AKART on a site-specific basis to prevent or reduce any pollutants that are causing or contributing to the violation of water quality standards. A description of the potential monitoring or other assessment and evaluation efforts that will or may be implemented to monitor, assess, or evaluate the effectiveness of the additional BMPs. A schedule for implementing the additional BMPs including, as appropriate: funding, training, purchasing, construction, monitoring, and other assessment and evaluation components of implementation. Ecology will, in writing, acknowledge receipt of the report within a reasonable time frame and notify the Permittee when it expects to complete its review of the report. Ecology will either approve the additional BMPs and implementation schedule or require the Permittee to modify the report as needed to meet AKART on a site-specific basis. If modifications are required, Ecology will specify a reasonable time frame in which the Permittee shall submit and Ecology will review the revised report. The Permittee shall implement the additional BMPs, pursuant to the schedule approved by Ecology, beginning immediately upon receipt of written notification of approval. The Permittee shall include with each subsequent Annual Report the results of any monitoring, assessment, or evaluation efforts conducted during the reporting period. If, based on the information provided under this subsection, Ecology determines that modification of the BMPs or implementation schedule is necessary to meet AKART on a site-specific basis, the Permittee shall make such modifications as Ecology directs. In the event there are ongoing violations of water quality standards despite the implementation of the BMP approach of this Section, the Permittee may be subject to compliance schedules to eliminate the violation under WAC 173-201A-510(4) and WAC 173-226-180 or other enforcement orders as Ecology deems appropriate during the term of this Permit. A TMDL or other enforceable water quality cleanup plan that has been approved and is being implemented to address the MS4’s contribution to the water quality standards violation supersedes and terminates the S4.F.3 implementation plan. Provided the Permittee is implementing the approved adaptive management response under this Section, the Permittee remains in compliance with Special Condition S4, despite any on-going violations of water quality standards identified under S4.A or B, above. The adaptive management process provided under Section S4.F is not intended to create a shield for the Permittee from any liability it may face under 42 U.S.C. 9601 et seq. or RCW 70.105D. G. Ecology may modify or revoke and reissue this General Permit, in accordance with G14 – General Permit Modification and Revocation, if Ecology becomes aware of additional control measures, management practices, or other actions beyond what is required in this Permit that are necessary to: 1. Reduce the discharge of pollutants to the MEP; or Moses Lake Council Packet 4-25-23, Page 76 of 152 S4.G.2 S5.A.4 Eastern Washington Phase II Municipal Page 9 of 53 Stormwater Permit - August 1, 2019 2. Comply with the state AKART requirements; or 3. Control the discharge of toxicants to waters of the State of Washington. S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND COUNTIES A. All Permittees shall develop and implement a Stormwater Management Program (SWMP) during the term of this Permit. A SWMP is a set of actions and activities comprising the components listed in S5 and any additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 – Compliance with TMDL Requirements, and S8 – Monitoring and Assessment. This Section applies to all cities, towns, and counties covered under this Permit. Where the term “Permittee” is used in this Section, the requirements apply to any city, town, or county, whether permit coverage is obtained as a Permittee or as a Co-Permittee. New Permittees subject to this Permit as described in S1.D.1.b, shall fully meet the requirements in S5, as modified in footnotes or as specified in an alternate schedule as a condition of coverage by Ecology. New Permittees obtaining coverage after the issuance date of this Permit shall fully meet the requirements in S5 as specified in an alternate schedule as a condition of coverage by Ecology. 1. At a minimum, the SWMP shall be implemented, throughout the geographic area described for the Permittee in S1.A.1 2. The SWMP shall be designed to reduce the discharge of pollutants from the regulated small MS4 to the MEP, to satisfy the state requirement under Chapter 90.48 RCW to apply AKART prior to discharge, and to protect water quality. 3. Permittees shall continue implementation of existing Stormwater Management Programs until they begin implementation of the updated Stormwater Management Program in accordance with the terms of this Permit, including implementation schedules. 4. Each Permittee shall prepare written documentation of the SWMP, called the SWMP Plan. The SWMP Plan shall be organized according to the program components in S5.B below or a format approved by Ecology, and shall be updated at least annually for submittal with the Permittee’s Annual Reports to Ecology (see S9 – Reporting and Recordkeeping). The SWMP Plan shall be written to inform the general public of planned SWMP activities for the upcoming calendar year, and shall include a description of: Planned activities for each of the program components included in S5.B.1 through S5.B.6. Any additional planned actions to meet the requirements of applicable TMDLs pursuant to S7 – Compliance with Total Maximum Daily Load Requirements. Any additional planned actions to meet the requirements of S8 – Monitoring and Assessment. 1 New Permittees shall fully develop and implement the SWMP in accordance with the schedules contained in this section no later than February 2, 2024. Moses Lake Council Packet 4-25-23, Page 77 of 152 S5.A.5 S5.B.1 Eastern Washington Phase II Municipal Page 10 of 53 Stormwater Permit - August 1, 2019 5. Gathering, maintaining, and using information Each Permittee shall have an ongoing program for gathering, tracking, maintaining, and using information to evaluate SWMP development and implementation and permit compliance, and to set priorities. Each Permittee shall track the number of inspections performed, follow-up actions as a result of inspections, official enforcement actions taken, and types of public education activities implemented as required for each SWMP component. This information shall be included in the Annual Report. Each Permittee shall track the estimated cost of development and implementation of each component of the SWMP.2 This information shall be provided to Ecology upon request. 6. Coordination among Permittees Coordination among entities covered under this Permit is encouraged. The SWMP shall include coordination mechanisms to encourage coordinated stormwater-related policies, programs, and projects within adjoining or shared areas, including: Coordination mechanisms clarifying roles and responsibilities for the control of pollutants between physically interconnected MS4s covered by a municipal stormwater permit. Coordinating stormwater management activities for shared water bodies or watersheds among Permittees, to avoid conflicting plans, policies, and regulations. The SWMP shall also include coordination mechanisms among departments within each jurisdiction to eliminate barriers to compliance with the terms of this Permit. Permittees shall include a written description of internal coordination mechanisms in the Annual Report, due no later than March 31, 2021. B. The SWMP shall include the components listed below. To the extent allowable under state and federal law, all components are mandatory for each city, town, or county covered under this Permit, whether covered as an individual Permittee or as a Co-Permittee. 1. Public Education and Outreach Permittees3 shall implement a public education and outreach program designed to educate the target audiences about the impacts of stormwater discharges to water bodies and the steps to take to reduce pollutants in stormwater. Outreach and educational efforts should include a multimedia approach, and shall be targeted and presented to specific audiences for increased effectiveness. The education program may be developed and implemented locally or regionally. Based on the target audience’s demographic, the Permittee shall consider delivering selected messages in language(s) other than English. 2 New Permittees shall begin implementing the requirements of S5.A.5.a.ii no later than August 1, 2021. 3 New Permittees shall begin implementing the requirements of S5.B.1 no later than August 1, 2021. Moses Lake Council Packet 4-25-23, Page 78 of 152 S5.B.1 S5.B.1 Eastern Washington Phase II Municipal Page 11 of 53 Stormwater Permit - August 1, 2019 The minimum performance measures are: All Permittees shall continue to implement a public education and outreach program designed to reach target audiences identified in i-iii below, and achieve improvements in the target audiences’ understanding of the problem and what they can do to solve it. The program shall, at a minimum address the following, based on the land uses and priority target audiences found within the community. Permittees shall provide subject area information to the target audience on an ongoing or strategic schedule. Target audiences: General public, including home owners, teachers, school-age children, or overburdened communities. Provide information about the following subject areas: (a) The importance of improving water quality and protecting beneficial uses of waters of the State. (b) The potential impacts from stormwater discharges. (c) Methods for avoiding, minimizing, reducing, and/or eliminating the adverse impacts of stormwater discharges. (d) Actions individuals can take to improve water quality, including encouraging participation in local environmental stewardship activities and programs. Target audiences: Businesses Provide information, appropriate to the type of business, about: (a) Preventing illicit discharges, including what constitutes illicit discharges (e.g., Source Control BMPs to prevent illicit discharges). (b) The impacts of illicit discharges. (c) Promoting the proper management and disposal of waste. (d) Management of dumpsters and washwater. (e) The use and storage of automotive chemicals, hazardous cleaning supplies, carwash soaps, and other hazardous materials. Target audiences: Engineers, construction contractors, developers, development review staff, and land use planners. Provide information about: (a) Technical standards, and the development of stormwater site plans and erosion control plans. (b) Infiltration and underground injection control criteria. (c) Low Impact Development (LID). (d) Stormwater Best Management Practices (BMPs) for reducing adverse impacts from stormwater runoff from development sites. (e) Municipal stormwater code requirements. Moses Lake Council Packet 4-25-23, Page 79 of 152 S5.B.2 S5.B.3 Eastern Washington Phase II Municipal Page 12 of 53 Stormwater Permit - August 1, 2019 Each Permittee4 shall measure the understanding and adoption of the targeted behaviors for at least one target audience in at least one subject area. No later than December 31, 2021, Permittees shall use the resulting measurements to direct ongoing education and outreach resources most effectively, as well as to evaluate changes in adoption of the targeted behaviors. 2. Public Involvement and Participation Permittees shall provide ongoing opportunities for public involvement and participation such as advisory panels, public hearings, watershed committees, participation in developing rate-structures, or other similar activities. Permittees shall comply with applicable state and local public notice requirements when developing elements of the SWMP. The minimum performance measures are: Permittees shall implement a program or policy directive to create opportunities for the public, including overburdened communities, to provide input during the decision making processes involving the development, implementation and update of the SWMP, including development and adoption of all required ordinances and regulatory mechanisms.5 No later than May 31 each year, Permittees shall post on their website and make the latest version of the Annual Report and SWMP Plan available to the public. All other submittals should be available to the public upon request. Co-Permittees and other groups of Permittees that are developing the SWMP in a cooperative effort may post the updated SWMP Plan on a single entity’s website. To comply with the posting requirement, a Permittee that does not maintain a website may submit the updated SWMP Plan in electronic format to Ecology for posting on its website. 3. Illicit Discharge Detection and Elimination Each Permittee6 shall implement and enforce a program designed to prevent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the MS4. The minimum performance measures are: Each Permittee shall continue to maintain and periodically update a map of the MS4. Update maps, if necessary, to meet the requirement of this Section no later than August 1, 2023.7 At a minimum, the maps shall include the following information: Known outfalls and known discharge points. 4 By no later than August 1, 2023, New Permittees shall begin using the results of measurements to direct education and outreach resources more effectively, as well as to evaluate changes in adopted behaviors. 5 New Permittees shall develop and begin to implement S5.B.2.a. no later than August 1, 2020. 6 New Permittees shall meet the requirements of S5.B.3 no later than August 1, 2021, unless otherwise noted in this section. 7 New Permittees shall meet the requirements to map the MS4 according to S5.B.3.a no later than February 2, 2024, except where otherwise noted in this section. Moses Lake Council Packet 4-25-23, Page 80 of 152 S5.B.3 S5.B.3 Eastern Washington Phase II Municipal Page 13 of 53 Stormwater Permit - August 1, 2019 (a) For all known MS4 outfalls, the following attributes shall be mapped: size and material, where known. Records shall be updated. Receiving waters, other than ground. Areas served by the MS4 that discharge to ground. Permanent stormwater facilities owned or operated by the Permittee. All connections to the MS4 authorized or approved by the Permittee after August 1, 2019.8 All known connections from the MS4 to a privately owned stormwater system. Connections between the MS4 owned and operated by the Permittee and other municipalities or public entities. Permittees shall, upon request and to the extent consistent with national security laws and directives, provide maps and mapping information to Ecology, other entities covered under this Permit, other municipalities, and/or federally recognized Indian Tribes. This Permit does not preclude Permittees from recovering reasonable costs associated with fulfilling mapping information requests by other municipalities, federally recognized Indian Tribes, Co- Permittees, and Secondary Permittees. Beginning August 1, 2021, the required format for mapping is an electronic format (e.g., Geographic Information System, CAD drawings, or other software that can map and store points, lines, polygons, and associated attributes) with fully described mapping standards. Each Permittee shall effectively prohibit, through ordinance or other regulatory mechanism, non-stormwater discharges into the MS4. Each Permittee shall implement an ordinance or other regulatory mechanism that prohibits illicit discharges and authorizes enforcement actions, including on private property. Allowable discharges. The ordinance or other regulatory mechanism does not need to prohibit the following categories of non-stormwater discharges: (a) Diverted stream flows (b) Rising groundwaters (c) Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(b)(20)) (d) Uncontaminated pumped groundwater (e) Foundation drains (f) Air conditioning condensation 8 Permittees do not need to map the following residential connections: individual driveways, sump pumps, or roof downspouts Moses Lake Council Packet 4-25-23, Page 81 of 152 S5.B.3 S5.B.3 Eastern Washington Phase II Municipal Page 14 of 53 Stormwater Permit - August 1, 2019 (g) Irrigation water from agricultural sources that is commingled with urban stormwater (h) Springs (i) Uncontaminated water from crawl space pumps (j) Footing drains (k) Flows from riparian habitats and wetlands (l) Discharges from emergency firefighting activities in accordance with S2 – Authorized Discharges (m) Non-stormwater discharges authorized by another NPDES permit or state waste discharge permit Conditionally allowable discharges. The ordinance or other regulatory mechanism may allow the following categories of non-stormwater discharges only if the stated conditions are met: (a) Discharges from potable water sources including, but not limited to, water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated 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. (b) Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through, at a minimum, public education activities (see S5.B.1) and water conservation efforts. (c) Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. (d) Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. The Permittee shall reduce these discharges through, at a minimum, public education activities (see S5.B.1) and/or water conservation efforts. To avoid washing pollutants into the MS4, Permittees shall minimize the amount of street wash and dust control water used. (e) Other non-stormwater discharges. Other non-stormwater discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the Permittee which addresses control of such discharges. Moses Lake Council Packet 4-25-23, Page 82 of 152 S5.B.3 S5.B.3 Eastern Washington Phase II Municipal Page 15 of 53 Stormwater Permit - August 1, 2019 The ordinance or other regulatory mechanism shall further address any category of discharges in (ii) or (iii) above if the discharge is identified as a significant source of pollutants to waters of the State. The ordinance or other regulatory mechanism shall include escalating enforcement procedures and actions. The Permittee shall implement a compliance strategy that includes informal compliance actions such as public education and technical assistance, as well as the enforcement provisions of the ordinance or other regulatory mechanism. To implement an effective compliance strategy, the Permittee’s ordinance or other regulatory mechanism shall include the following tools: (a) The application of operational or structural source control BMPs, or both, for pollutant-generating sources associated with existing land uses and activities, where necessary to prevent illicit discharges. The source control BMPs referenced in this subsection are in the Stormwater Management Manual for Eastern Washington. (b) The maintenance of stormwater facilities which discharge into the Permittee’s MS4 in accordance with maintenance standards established under S5.B.6, where necessary to prevent illicit discharges. The Permittee’s ordinance or other regulatory mechanism in effect as of the effective date of this Permit shall be revised, if necessary, to meet the requirements of this Section no later than February 2, 2023. Each Permittee shall implement an ongoing program designed to detect and identify illicit discharges and illicit connections into the Permittee’s MS4. The program shall include the following components: Procedures for conducting investigations of the Permittee’s MS4, including field screening to identify potential sources. Procedures for locating priority areas likely to have illicit discharges, including, at a minimum: evaluating land uses and associated business/industrial activities present; areas where complaints have been registered in the past; and areas with storage of large quantities of materials that could result in illicit discharges, including spills. Field assessment activities, including: outfalls, discharge points, or facilities serving priority areas identified in (ii) above, during dry weather and for the purposes of verifying outfall and discharge point locations and detecting illicit discharges. Compliance with this provision shall be achieved by: field assessing at least 12%, on average, of the MS4 within the Permittee’s coverage area each year to verify outfall and discharge point locations and detect illicit discharges.9 Permittees shall track total percentage of the MS4 assessed beginning August 1, 2019. 9 For New Permittees, compliance with this provision shall be achieved by field assessing at least 12% of the MS4 within the Permittee’s coverage area no later than December 31, 2023, and, on average, 12% each year thereafter to verify outfall and discharge point locations and detect illicit discharges. Track total percentage of the MS4 screened. Moses Lake Council Packet 4-25-23, Page 83 of 152 S5.B.3 S5.B.3 Eastern Washington Phase II Municipal Page 16 of 53 Stormwater Permit - August 1, 2019 A publicly listed and publicized hotline or other telephone number for public reporting of spills and other illicit discharges. Permittees shall provide adequate training for all municipal field staff which, as part of their normal job responsibilities, might come into contact with or otherwise observe an illicit discharge or illicit connection to the storm sewer system, on the identification of an illicit discharge/connection, and on the proper procedures for reporting and responding, as appropriate, to the illicit discharge/connection. Follow-up training shall be provided as needed to address changes in procedures, techniques, requirements, or staffing. Permittees shall document and maintain records of the trainings provided and the staff trained. Permittees10 shall inform public employees, businesses, and the general public of hazards associated with illicit discharges and improper disposal of waste. Permittees11 shall implement an ongoing program designed to address illicit discharges, including spills, and illicit connections into the MS4. The program shall include: Procedures for characterizing the nature of, and potential public or environmental threat posed by, any illicit discharges found by or reported to the Permittee. Procedures shall address the evaluation of whether the discharge shall be immediately contained and steps to be taken for containment of the discharge. Procedures for tracing the source of an illicit discharge, including visual inspections and, when necessary, opening manholes, using mobile cameras, collecting and analyzing water samples, and/or other detailed inspection procedures. Procedures for eliminating the discharge, including notification of appropriate authorities (including appropriate owners or operators of interconnected MS4s); notification of the property owner; technical assistance; follow-up inspections; and use of the compliance strategy developed pursuant to S5.B.3.b.vi, including escalating enforcement and legal actions if the discharge is not eliminated. Compliance with the provisions in (i), (ii), and (iii) above shall be achieved by meeting the following timelines: (a) Immediately respond to all illicit discharges, including spills, which are determined to constitute a threat to human health, welfare, or the environment, consistent with General Condition G3. (b) Investigate (or refer to the appropriate agency with the authority to act) within 7 days, any complaints, reports, or monitoring information that indicates a potential illicit discharge. (c) Initiate an investigation within 21 days of any report or discovery of a suspected illicit connection to determine the source of the connection, the nature and volume of discharge through the connection, and the party responsible for the connection. 10 New Permittees shall implement the requirements of S5.B.3.c.vii no later than August 1, 2022. 11 New Permittees implement the requirements of S5.B.3.d no later than August 1, 2023. Moses Lake Council Packet 4-25-23, Page 84 of 152 S5.B.4 S5.B.4 Eastern Washington Phase II Municipal Page 17 of 53 Stormwater Permit - August 1, 2019 (d) Upon confirmation of an illicit connection, use the compliance strategy outlined in S5.B.3.b.vi in a documented effort to eliminate the illicit connection within 6 months. All known illicit connections to the MS4 shall be eliminated. Permittees shall train staff who are responsible for identification, investigation, termination, cleanup, and reporting of illicit discharges, including spills, and illicit connections to conduct these activities. Follow-up training shall be provided, as needed, to address changes in procedures, techniques, requirements, or staff. Permittees shall document and maintain records of the training provided and the staff trained. Recordkeeping: Each Permittee shall track and maintain records of the activities conducted to meet the requirements of this Section. In the Annual Report, each Permittee shall submit data for the illicit discharges, spills, and illicit connections including those that were found by, reported to, or investigated by the Permittee during the previous calendar year. The data shall include the information specified in Appendix 7 and WQWebIDDE. Each Permittee may either use their own system or WQWebIDDE for recording this data. Final submittals shall follow the instructions, timelines, and format as described in Appendix 7. 4. Construction Site Stormwater Runoff Control All Permittees shall implement and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from construction activities that disturb one acre or more, and from construction projects of less than one acre that are part of a larger common plan of development or sale. Public and private projects, including projects proposed by the Permittee’s own departments and agencies, shall comply with these requirements. The Permittee shall implement an ongoing process for ensuring proper project review, inspection, and compliance by its own departments and agencies. The minimum performance measures are: Permittees shall implement an ordinance or other regulatory mechanism to require erosion and sediment controls, and other construction-phase stormwater pollution controls at new development and redevelopment projects. The ordinance or other regulatory mechanism shall include sanctions to ensure compliance. The ordinance or other regulatory mechanism shall include provisions to review site plans and inspect sites with high potential for sediment transport prior to clearing or grading. The ordinance or other enforceable mechanism to implement (i) through (v), below, shall be adopted and effective no later than December 31, 2022. The ordinance or other regulatory mechanism shall apply, at a minimum, to construction sites disturbing one acre or more and to construction projects of less than one acre that are part of a larger common plan of development or sale. The ordinance or other regulatory mechanism shall require construction operators to adhere, at a minimum, to the requirements of Appendix 1, Core Element #2, including preparation of Construction Stormwater Pollution Prevention Plans (Construction SWPPPs) and application of BMPs, as necessary to protect water Moses Lake Council Packet 4-25-23, Page 85 of 152 S5.B.4 S5.B.4 Eastern Washington Phase II Municipal Page 18 of 53 Stormwater Permit - August 1, 2019 quality, reduce the discharge of pollutants to the MEP, and satisfy state AKART requirements. (a) The ordinance or other regulatory mechanism shall include requirements for construction site operators to implement appropriate erosion and sediment control BMPs. The ordinance or other regulatory mechanism shall include requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. (b) Permittees shall document how the requirements of the ordinance or other regulatory mechanism protect water quality, reduce the discharge of pollutants to the MEP, and satisfy state AKART requirements. Documentation shall include: Permittees who choose to use the BMP selection, design, installation, operation and maintenance standards in the Stormwater Management Manual for Eastern Washington, or another technical stormwater manual approved by Ecology, may cite this reference as the sole documentation that the ordinance or regulatory mechanism is protecting water quality, reducing the discharge of pollutants to the MEP, and satisfying state AKART requirements. The ordinance or other regulatory mechanism shall include appropriate, escalating enforcement procedures and actions. The Permittee shall implement an enforcement strategy and the enforcement provisions of the ordinance or other regulatory mechanism. The ordinance shall include a provision for access by qualified personnel to inspect construction-phase stormwater BMPs on private properties that discharge to the MS4. Permittees shall implement procedures for site plan review which incorporates consideration of potential water quality impacts. Prior to clearing and construction, Permittees shall review Construction SWPPPs for, at a minimum, all construction sites that disturb one acre or more, or are less than one acre and are part of a larger common plan of development or sale, to ensure that the plans are complete pursuant to the requirements of Appendix 1, Core Element #2. The Construction SWPPP review shall be performed by qualified personnel and shall be performed in coordination with S5.B.5.c, review of stormwater site plans. Moses Lake Council Packet 4-25-23, Page 86 of 152 S5.B.4 S5.B.4 Eastern Washington Phase II Municipal Page 19 of 53 Stormwater Permit - August 1, 2019 (a) If the Permittee chooses to allow construction sites to apply the “Erosivity Waiver” in Appendix 1, Core Element #2, the Permittee is not required to review Construction SWPPPs for individual sites applying the waiver. (b) The Permittee shall investigate complaints about sites that apply the Erosivity Waiver in the same manner as it will investigate complaints about sites that have submitted Construction SWPPPs for review pursuant to this Section. Permittees shall implement procedures for site inspection and enforcement of construction stormwater pollution control measures. All new construction sites that disturb one acre or more, or are part of a larger common plan of development or sale, shall be inspected by qualified personnel: (a) Prior to clearing and grading for construction if a high potential for sediment transport is determined. (b) During construction to verify proper installation and maintenance of required erosion and sediment controls. Follow-up, as necessary, based on the inspection. (c) Compliance with this inspection requirement will be determined by the Permittee having and maintaining records of an inspection program that is designed to inspect all sites. Compliance during this Permit term will be determined by the Permittee achieving an inspection rate of at least 80% of the sites. Each Permittee shall ensure that all staff whose primary job duties are implementing the program to control stormwater runoff from new development, redevelopment, and construction sites, including permitting, plan review, construction site inspections, and enforcement, are trained to conduct these activities. Follow-up training shall be provided as needed to address changes in procedures, techniques, or staffing. Permittees shall document and maintain records of the training provided and the staff trained. Permittees shall provide information to construction site operators about training available on how to install and maintain effective erosion and sediment controls and how to comply with the requirements of Appendix 1 and apply the BMPs described in the Stormwater Management Manual for Eastern Washington, or another technical stormwater manual approved by Ecology. To comply with these provisions, Permittees shall keep records of all projects disturbing one acre or more, and all projects of any size that are part of a common plan of development or sale that is one acre or more. Permittees shall keep records of the site plan review, inspections, and any enforcement actions, including inspection reports, warning letters, notices of violations, and other enforcement records for these projects for five years or until construction is completed, whichever is longer. The staff training records to be kept include dates, activities or course descriptions, and names and positions of staff in attendance. Moses Lake Council Packet 4-25-23, Page 87 of 152 S5.B.5 S5.B.5 Eastern Washington Phase II Municipal Page 20 of 53 Stormwater Permit - August 1, 2019 Permittees shall keep copies of information provided to construction site operators, and if information is distributed to a large number of design professionals at once, the dates of the mailings and lists of recipients. If the Permittee chooses to allow construction sites to apply the “Erosivity Waiver” in Appendix 1, Core Element #2, the Permittee shall keep a record of all construction sites that provide notice to the Permittee of their intention to apply the waiver. 5. Post-Construction Stormwater Management for New Development and Redevelopment All Permittees shall implement and enforce a program to address post-construction stormwater runoff to the MS4 from new development and redevelopment projects that disturb one acre or more, and from projects of less than one acre that are part of a larger common plan of development or sale. The program shall ensure that controls to prevent or minimize water quality impacts are in place. Public and private projects, including projects proposed by the Permittee’s own departments and agencies, shall comply with these requirements. The Permittee shall implement an ongoing process for ensuring proper project review, inspection, and compliance by its own departments and agencies. The minimum performance measures are: No later than December 31, 2022, Permittees shall implement an ordinance or other regulatory mechanism that requires post-construction stormwater controls at new development and redevelopment projects. The ordinance or other regulatory mechanism shall include mechanisms to ensure compliance. The local program shall be adopted no later than December 31, 2022 to meet the requirements of S5.B.5.b.i-v below, shall apply to all applications12 submitted: On or after January 1, 2023. Prior to January 1, 2018, which have not started construction13 by December 31, 2023.14 Prior to January 1, 2023, that have not started construction by December 31, 2027. The ordinance or other enforceable mechanism shall include, at a minimum: The ordinance or other regulatory mechanism shall apply, at a minimum, to new development and redevelopment sites that discharge to the MS4 and that disturb 12 In this context, “application” means, at a minimum a complete project description, site plan, and, if applicable, SEPA checklist. Permittees may establish additional elements of a complete application. 13 In this context, “started construction” means at a minimum the site work associated with, and directly related to the approved project has begun. For example: Grading the project site to final grade or utility installation. Simply clearing the project site does not constitute the start of construction. Permittees may establish additional requirements related to the start of construction. 14 New permittees shall meet the requirements of S5.B.5 no later than December 31, 2022, unless otherwise noted. The local program shall apply to all applications submitted on or after January 1, 2023, and shall apply to applications submitted prior to January 1, 2023, which have not started construction by December 31, 2027. Moses Lake Council Packet 4-25-23, Page 88 of 152 S5.B.5 S5.B.5 Eastern Washington Phase II Municipal Page 21 of 53 Stormwater Permit - August 1, 2019 one acre or more or are less than one acre and are part of a larger common plan of development or sale. The ordinance or other regulatory mechanism shall require project proponents and property owners to adhere to the minimum technical requirements in Appendix 1 and shall include BMP selection, design, installation, operation, and maintenance standards necessary to protect water quality, reduce the discharge of pollutants to the MEP, and satisfy state AKART requirements. (a) All Permittees shall implement a policy of encouraging project proponents to maintain natural drainages to the MEP, including minimizing the disturbance of native soils and vegetation and reducing the total amount of impervious surfaces created by the project. Permittees shall allow non-structural preventive actions and source reduction approaches such as Low Impact Development (LID) techniques, measures to minimize the creation of impervious surfaces, and measures to minimize the disturbance of native soils and vegetation. Provisions for LID should take into account site conditions and long term maintenance. (b) The ordinance or other regulatory mechanism shall include requirements for project proponents and property owners to implement appropriate runoff treatment, flow control, and source control BMPs considering the proposed land use at the site to minimize adverse impacts to water quality. • Site/Engineering-based conditions, such as soils that do not allow for infiltration of the required volume of stormwater runoff; proximity to a known hazardous waste site or landfill; proximity to a drinking water well or spring; proximity to an onsite sewage system or underground storage tank; setbacks from structures; landslide hazard areas or slopes; seasonal high groundwater; incompatibility with the surrounding drainage system from elevation or location; or areas prone to erosion. Moses Lake Council Packet 4-25-23, Page 89 of 152 S5.B.5 S5.B.5 Eastern Washington Phase II Municipal Page 22 of 53 Stormwater Permit - August 1, 2019 • Incompatibility with uses related to concerns such as public safety, protection from spills, contaminated sites, or frequently flooded areas. • Incompatibility with state or federal laws. • New Permittees shall submit to Ecology with the Annual Report due no later than March 31, 2023 a summary of the criteria defining infeasibility, or a citation for the criteria adopted pursuant to a regional LID manual. (c) The ordinance or other regulatory mechanism shall include requirements to ensure adequate ongoing long-term operation and maintenance of the BMPs approved by the Permittee. (d) Permittees shall document how the requirements of the ordinance or other regulatory mechanism protect water quality, reduce the discharge of pollutants to the MEP, and satisfy state AKART requirements. Documentation shall include: The ordinance or other regulatory mechanism shall include provisions for both construction-phase and post-construction access for Permittees to inspect stormwater BMPs on private properties that discharge to the MS4. If deemed necessary for post-construction access, the ordinance or other regulatory mechanism may, in lieu of requiring that continued access be granted to the Permittee’s staff or qualified personnel, instead require private property owners to provide annual certification by a qualified third party that adequate Moses Lake Council Packet 4-25-23, Page 90 of 152 S5.B.5 S5.B.5 Eastern Washington Phase II Municipal Page 23 of 53 Stormwater Permit - August 1, 2019 maintenance has been performed and the facilities are operating as designed to protect water quality. The ordinance or other regulatory mechanism shall include appropriate, escalating enforcement procedures and actions. The Permittee shall implement an enforcement strategy and the enforcement provisions of the ordinance or other regulatory mechanism. Permittees shall implement procedures for site plan review which incorporate consideration of potential water quality impacts. Prior to clearing or construction, Permittees shall review stormwater site plans for, at a minimum, all new development and redevelopment sites that meet the thresholds in S5.B.5.b.i to ensure that the plans include stormwater pollution prevention measures that meet the requirements in S5.B.5.b.ii. The site plan review shall be performed by qualified personnel, and shall include review of Construction Stormwater Pollution Prevention Plans where required, pursuant to S5.B.4.b.i. Permittees shall implement procedures for site inspection and enforcement of post- construction stormwater control measures. Structural BMPs shall be inspected at least once during installation and upon final installation or upon completion of the project by qualified personnel. Structural BMPs shall be inspected at least once every five years after final installation, or more frequently, as determined by the Permittee to be necessary to prevent adverse water quality impacts, to ensure that adequate maintenance is being performed. The inspection shall be performed by qualified personnel. Recommended operation and maintenance standards for structural BMPs in the Stormwater Management Manual for Eastern Washington, or another technical stormwater manual approved by Ecology, shall be met. If a site is inspected and problems are identified, the Permittee is not in violation of this provision, provided the Permittee requires and confirms that necessary operation, maintenance, and/or repair to correct the problem is performed as soon as practicable. Permittees shall provide adequate training for all staff involved in permitting, planning, review, inspection, and enforcement to carry out the provisions of this SWMP component. Permittees shall provide information to design professionals about training available on how to comply with the requirements of Appendix 1 and apply the BMPs described in the Stormwater Management Manual for Eastern Washington, or another technical stormwater manual approved by Ecology. To comply with these provisions, Permittees shall keep records of all projects disturbing one acre or more, and all projects of any size that are part of a common plan of development or sale that is one acre or more. Permittees shall keep project records for five years or until construction is completed, whichever is longer, with the following exceptions: approved site plans Moses Lake Council Packet 4-25-23, Page 91 of 152 S5.B.6 S5.B.6 Eastern Washington Phase II Municipal Page 24 of 53 Stormwater Permit - August 1, 2019 and O&M Plans shall be kept, as needed, to comply with the ongoing inspection requirements of this Permit. The training records to be kept include dates, activities or course descriptions, and names and positions of staff in attendance. Permittees shall keep copies of information that is provided to design professionals (for (e) above); and, if information is distributed to a large number of design professionals at once, the dates of the mailings and lists of recipients. 6. Municipal Operations and Maintenance Permittees15 shall implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. The minimum performance measures are: Permittees shall implement a schedule of municipal Operation and Maintenance activities (an O&M Plan). Permittees shall review and, if needed, update the O&M Plan no later than December 31, 2022. The schedule shall include BMPs that, when applied to the municipal activity or facility, will protect water quality, reduce the discharge of pollutants to the MEP, and satisfy state AKART requirements. The Stormwater Management Manual for Eastern Washington provides a selection of appropriate BMPs that meet these requirements for various types of facilities. Operation and maintenance standards in the O&M Plan shall be at least as protective as those included in the Stormwater Management Manual for Eastern Washington, or another technical stormwater manual approved by Ecology. Recordkeeping shall be done pursuant to the requirements in S9 – Reporting and Recordkeeping. The O&M Plan shall include appropriate pollution prevention and good housekeeping procedures for all of the following types of facilities and/or activities listed below. (a) Stormwater collection and conveyance systems, including: • Catch basins • Stormwater sewer pipes • Open channels • Culverts • Structural stormwater controls, and structural runoff treatment and/or flow control facilities The O&M Plan shall address, but is not limited to: • Regular inspections • Cleaning 15 New Permittees shall develop and implement the requirements of S5.B.6 no later than December 31, 2023, except where otherwise noted in this section. Moses Lake Council Packet 4-25-23, Page 92 of 152 S5.B.6 S5.B.6 Eastern Washington Phase II Municipal Page 25 of 53 Stormwater Permit - August 1, 2019 • Proper disposal of waste removed from the system in accordance with Appendix 6 – Street Waste Disposal • Recordkeeping Permittees shall implement catch basin cleaning, stormwater system maintenance, scheduled structural BMP inspections and maintenance, and pollution prevention/good housekeeping practices. Decant water shall be disposed of in accordance with Appendix 6 – Street Waste Disposal. (b) Roads, highways, and parking lots. The O&M Plan shall address, at a minimum: • Street cleaning • Deicing • Anti-icing, and snow removal practices • Snow disposal areas and runoff from snow storage areas • Material (e.g. salt, sand, or other chemical) storage areas • All-season BMPs to reduce road and parking lot debris and other pollutants from entering the MS4 Permittees shall implement all pollution prevention/good housekeeping practices established in the O&M Plan for all roads, highways, and parking lots with more than 5,000 square feet of pollutant generating impervious surface that are owned, operated, or maintained by the Permittee. (c) Vehicle fleets. The O&M Plan shall address, at a minimum: • Storage • Washing • Maintenance • Repair • Fueling of municipal vehicle fleets Permittees shall conduct all vehicle and equipment washing and maintenance in a self-contained covered building or in designated wash and/or maintenance areas operated to separate wash water from stormwater. (d) Municipal buildings. The O&M Plan shall address, at a minimum: • Cleaning • Washing • Painting • Other maintenance activities Permittees shall implement all pollution prevention/good housekeeping practices established in the O&M Plan for buildings owned, operated, or maintained by the Permittee. (e) Parks and open space. The O&M Plan shall address, at a minimum: Moses Lake Council Packet 4-25-23, Page 93 of 152 S5.B.6 S5.B.6 Eastern Washington Phase II Municipal Page 26 of 53 Stormwater Permit - August 1, 2019 • Proper application of fertilizer • Pesticides, and herbicides • Pet waste BMPs • Sediment and erosion control • BMPs for landscape maintenance and vegetation disposal • Trash and dumpster management • BMPs for building exterior cleaning and maintenance Permittees shall implement park and open space maintenance pollution prevention/good housekeeping practices at all park areas and other open spaces owned or operated by the Permittee. (f) Construction projects. Public construction projects shall comply with the requirements applied to private projects. All construction projects owned or operated by the Permittee that are required to have an NPDES permit shall be covered under either the Construction Stormwater General Permit or another NPDES permit that authorizes stormwater discharges associated with the activity. All public projects shall include construction and post-construction controls selected and implemented pursuant to the requirements in Appendix 1. (g) Industrial activities. All facilities owned or operated by the Permittee that are required to have NPDES permit coverage shall be covered under the Industrial Stormwater General Permit or another NPDES permit that authorizes stormwater discharges associated with the activity. (h) Material storage areas, heavy equipment storage areas, and maintenance areas. Permittees shall implement a Stormwater Pollution Prevention Plan (SWPPP) to protect water quality at each of these facilities owned or operated by the Permittee and not required to have coverage under the Industrial Stormwater General Permit or another NPDES permit that authorizes stormwater discharges associated with the activity. At a minimum the SWPPP shall include: • A site map showing the facility’s stormwater drainage, discharge points, and areas of potential pollutant exposure. • An inventory of the materials and equipment stored on-site, and the activities conducted at the facility which may be exposed to precipitation or runoff and could result in stormwater pollution. • A plan for preventing and responding to spills at the facility which could result in an illicit discharge. • A detailed description of the operational and structural BMPs in use at the facility and a schedule for implementation of additional BMPs. BMPs selected shall be consistent with the Stormwater Management Manual for Eastern Washington, or other Ecology-approved technical manual. The SWPPP shall be updated as needed to maintain relevancy with the facility. Moses Lake Council Packet 4-25-23, Page 94 of 152 S5.B.6 S5.B.6 Eastern Washington Phase II Municipal Page 27 of 53 Stormwater Permit - August 1, 2019 • Annual inspections of the facility, including visual observations of discharges, to evaluate the effectiveness of the BMPs, identify maintenance needs, and determine if additional or different BMPs are needed. The results of these inspections shall be documented in an inspection report or check list. (i) Flood management projects. Permittees shall assess water quality impacts in the design of all new flood management projects that are associated with the MS4 or that discharge to the MS4, including considering use of controls that minimize impacts to site hydrology and still meet project objectives. (j) Other facilities that would reasonably be expected to discharge contaminated runoff. Permittees shall implement BMPs to protect water quality from discharges from these sites in the O&M Plan. The O&M Plan shall include a schedule of inspections and requirements for recordkeeping pursuant to S9 – Reporting and Recordkeeping. (a) A minimum of 95% of all known stormwater treatment and flow control facilities (except catch basins) owned, operated, or maintained by the Permittee shall be inspected at least once every two years, with problem facilities identified during inspections to be inspected more frequently. (b) All catch basins and inlets owned or operated by the Permittee shall be inspected every two years.16 Clean catch basins if the inspection indicates cleaning is needed to comply with the maintenance standards adopted pursuant to S5.B.6.a. The following alternatives to the standard approach of inspecting catch basins every two years may be applied to all or portions of the system: 16 New Permittees shall inspect all catch basins and inlets owned or operated by the Permittee at least once by December 31, 2023, and every two years thereafter. Moses Lake Council Packet 4-25-23, Page 95 of 152 S6.A.1 S6.A.3 Eastern Washington Phase II Municipal Page 28 of 53 Stormwater Permit - August 1, 2019 (c) Spot checks for potentially damaged stormwater treatment and flow control facilities shall be conducted after major storm events. (24-hour storm event with a 10-year or greater recurrence interval) Any needed repair or maintenance shall be performed as soon as practicable pursuant to the findings of regular inspection or spot check. The O&M Plan shall identify the department (and where appropriate, the specific staff) responsible for performing each activity. Permittees shall provide training for all employees who have primary construction, operations, or maintenance job functions that are likely to impact stormwater quality. Training shall address the importance of protecting water quality, operation and maintenance requirements, relevant SWPPPs, inspection procedures, and ways to perform their job activities to prevent or minimize impacts to water quality. Follow-up training shall be provided, as needed, to address changes in procedures, methods or staffing. S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES A. Secondary Permittee Coverage This Section applies to all Secondary Permittees, whether coverage under this Permit is obtained individually or as a Co-Permittee with a city and/or town and/or county and/or another Secondary Permittee. New Secondary Permittees subject to this Permit shall fully meet the requirements of this Section, as modified in the footnotes in S6.D below or as established as a condition of coverage by Ecology. 1. To the extent allowable under state, federal, and local law, all components are mandatory for each Secondary Permittee covered under this Permit, whether covered as an individual Permittee or as a Co-Permittee. 2. Each Secondary Permittee shall develop and implement a Stormwater Management Program (SWMP). A SWMP is a set of actions and activities comprising the components listed in S6 and any additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 – Compliance with TMDL Requirements, and S8 – Monitoring and Assessment. The SWMP shall be designed to reduce the discharge of pollutants from regulated small MS4s to the MEP and protect water quality. 3. Unless an alternate implementation schedule is established by Ecology as a condition of permit coverage, the SWMP shall be developed and implemented in accordance with the schedules contained in this Section and shall be fully developed and implemented no later Moses Lake Council Packet 4-25-23, Page 96 of 152 S6.A.3 S6.D.1 Eastern Washington Phase II Municipal Page 29 of 53 Stormwater Permit - August 1, 2019 than four and one-half (4 ½) years from initial permit coverage date. Secondary Permittees that are already implementing some or all of the required SWMP components shall continue implementation of those components. 4. Secondary Permittees may implement parts of their SWMP in accordance with the schedule for cities, towns, and counties in S5, provided they have signed a memorandum of understanding or other agreement to jointly implement the activity or activities with one or more jurisdictions listed in S1.D.2.a and submitted a copy of the agreement to Ecology. 5. Each Secondary Permittee shall prepare written documentation of the SWMP, called the SWMP Plan. The SWMP Plan shall include a description of program activities for the upcoming calendar year. B. Coordination Secondary Permittees shall coordinate stormwater-related policies, programs and projects within a watershed and with interconnected MS4s. Where relevant and appropriate, the SWMP shall coordinate among departments of the Secondary Permittee to ensure compliance with the terms of this Permit. C. Legal Authority To the extent allowable under state law and federal law, each Secondary Permittee shall be able to demonstrate that they can operate pursuant to legal authority which authorizes or enables the Secondary Permittee to control discharges to and from MS4s owned or operated by the Secondary Permittee. This legal authority may be a combination of statutes, ordinances, permits, contracts, orders, interagency agreements, or similar instruments. D. Stormwater Management Program for Secondary Permittees Permittees that are already implementing some or all of the SWMP components in this Section shall continue implementation of those components of their SWMP. The SWMP for Secondary Permittees shall include the following components: 1. Public Education and Outreach Each Secondary Permittee shall implement the following stormwater education strategies: Storm drain inlets owned or operated by the Secondary Permittee that are located in maintenance yards, in parking lots, along sidewalks, and at pedestrian access points shall be clearly labeled with a message similar to “Dump no waste – Drains to waterbody”.17 As identified during visual inspection and regular maintenance of storm drain inlets per the requirements of S6.D.3.d and S6.D.6.a.i below, or as otherwise reported to the 17 New Secondary Permittees shall label all inlets, as described in S6.D.1.a, no later than four years from the initial date of permit coverage. Moses Lake Council Packet 4-25-23, Page 97 of 152 S6.D.2 S6.D.3 Eastern Washington Phase II Municipal Page 30 of 53 Stormwater Permit - August 1, 2019 Secondary Permittee, any inlet having a label that is no longer clearly visible and/or easily readable shall be re-labeled within 90 days. Each year beginning no later than three years from the initial date of permit coverage, public ports, colleges, and universities shall distribute educational information to tenants and residents on the impact of stormwater discharges on receiving waters, and steps that can be taken to reduce pollutants in stormwater runoff. Distribution may be by hard copy or electronic means. Appropriate topics may include: How stormwater runoff affects local waterbodies. Proper use and application of pesticides and fertilizers. Benefits of using well-adapted vegetation. Alternative equipment washing practices including cars and trucks that minimize pollutants in stormwater. Benefits of proper vehicle maintenance and alternative transportation choices; proper handling and disposal of wastes, including the location of hazardous waste collection facilities in the area. Hazards associated with illicit connections and illicit discharges. Benefits of litter control and proper disposal of pet waste. 2. Public Involvement and Participation Each year, no later than May 31, each Secondary Permittee shall: Make the Annual Report available on the Secondary Permittee’s website. Make the latest updated version of the SWMP Plan available on the Secondary Permittee’s website. To comply with the posting requirement, a Secondary Permittee that does not maintain a website may submit the updated SWMP Plan in electronic format to Ecology for posting on Ecology’s website. 3. Illicit Discharge Detection and Elimination Each Secondary Permittee shall: From the initial date of permit coverage, comply with all relevant ordinances, rules, and regulations of the local jurisdiction(s) in which the Secondary Permittee is located that govern non-stormwater discharges. Implement appropriate policies prohibiting illicit discharges18 and an enforcement plan to ensure compliance with illicit discharge policies.19 These policies shall address, at a minimum: illicit connections; non-stormwater discharges, including spills, of hazardous materials; and improper disposal of pet waste and litter. 18 New Secondary Permittees shall develop and implement appropriate policies prohibiting illicit discharges, and identify possible enforcement mechanisms, as described in S6.D.3.b, no later than one year from the initial date of Permit coverage. 19 New Secondary Permittees shall develop and implement an enforcement plan, as described in S6.D.3.b, no later than 18 months from the initial date of permit coverage. Moses Lake Council Packet 4-25-23, Page 98 of 152 S6.D.3 S6.D.3 Eastern Washington Phase II Municipal Page 31 of 53 Stormwater Permit - August 1, 2019 Allowable discharges. The policies do not need to prohibit the following categories of non-stormwater discharges: • Diverted stream flows • Rising groundwaters • Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(20)) • Uncontaminated pumped groundwater • Foundation drains • Air conditioning condensation • Irrigation water from agricultural sources that is commingled with urban stormwater • Springs • Uncontaminated water from crawl space pumps • Footing drains • Flows from riparian habitats and wetlands • Discharges from emergency firefighting activities in accordance with S2 – Authorized Discharges • Non-stormwater discharges authorized by another NPDES or state waste discharge permit Conditionally allowable discharges. The policies may allow the following categories of non-stormwater discharges only if the stated conditions are met and such discharges are allowed by local codes: • Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated 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. • Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through, at a minimum, public education activities and water conservation efforts conducted by the Secondary Permittee and/or the local jurisdiction. • Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenated, if necessary, and volumetrically and velocity-controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. • Street and sidewalk wash water, water used to control dust, and routine external building wash-down that does not use detergents. The Secondary Permittee shall reduce these discharges through, at a minimum, public Moses Lake Council Packet 4-25-23, Page 99 of 152 S6.D.4 S6.D.4 Eastern Washington Phase II Municipal Page 32 of 53 Stormwater Permit - August 1, 2019 education activities and/or water conservation efforts conducted by the Secondary Permittee and/or the local jurisdiction. To avoid washing pollutants into the MS4, the Secondary Permittee shall minimize the amount of street wash and dust control water used. • Other non-stormwater discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the Permittee which addresses control of such discharges. The Secondary Permittee shall address any category of discharges in (i) or (ii) above if the discharge is identified as a significant source of pollutants to waters of the State. Maintain a storm sewer system map showing the locations of all known storm drain outfalls and discharge points, labeling the receiving waters, other than groundwater, and delineating the areas contributing runoff to each outfall and discharge point. Make the map (or completed portions of the map) available on request to Ecology and, to the extent appropriate, to other Permittees. The preferred format for mapping is an electronic format with fully described mapping standards. 20 Conduct field inspections and visually inspect for illicit discharges at all known MS4 outfalls and discharge points. Visually inspect at least one third (on average) of all known outfalls and discharge points each year beginning no later than two years from the initial date of permit coverage. Implement procedures to identify and remove any illicit discharges. Keep records of inspections and follow-up activities.21 Implement a spill response plan that includes coordination with a qualified spill responder.22 No later than two years from the initial date of permit coverage, provide staff training or coordinate with existing training efforts to educate staff on proper best management practices for preventing illicit discharges. Train all Permittee staff who, as part of their normal job responsibilities, have a role in preventing such illicit discharges. 4. Construction Site Stormwater Runoff Control From the initial date of permit coverage, each Secondary Permittee shall: Comply with all relevant ordinances, rules, and regulations of the local jurisdiction(s) in which the Secondary Permittee is located that govern construction phase stormwater pollution prevention measures. Ensure that all construction projects under the functional control of the Secondary Permittee which require a construction stormwater permit obtain coverage under the 20 New Secondary Permittees shall meet the requirements of S6.D.3.c no later than four and one-half years from the initial date of Permit coverage. 21 New Secondary Permittees shall develop and implement procedures described in S6.D.3.d no later than two years from the initial date of Permit coverage. 22 New Secondary Permittees shall develop and implement a spill response plan as described in S6.D.3.e no later than four and one-half years from the initial date of Permit coverage. Moses Lake Council Packet 4-25-23, Page 100 of 152 S6.D.5 S6.D.6 Eastern Washington Phase II Municipal Page 33 of 53 Stormwater Permit - August 1, 2019 Construction Stormwater General Permit, or an individual NPDES permit, prior to discharging construction related stormwater. Coordinate with the local jurisdiction regarding projects owned or operated by other entities which discharge into the Secondary Permittee’s MS4, to assist the local jurisdiction with achieving compliance with all relevant ordinances, rules, and regulations of the local jurisdiction(s). Provide training or coordinate with existing training efforts to educate relevant staff in erosion and sediment control BMPs and requirements, or hire trained contractors to perform the work. Coordinate, as requested, with Ecology or the local jurisdiction to provide access for inspection of construction sites or other land disturbances, which are under the functional control of the Secondary Permittee during the land disturbing activities and/or construction period. 5. Post-Construction Stormwater Management for New Development and Redevelopment From the initial date of permit coverage, each Secondary Permittee shall: Comply with all relevant ordinances, rules, and regulations of the local jurisdiction(s) in which the Secondary Permittee is located that govern post-construction stormwater pollution prevention measures. Coordinate with the local jurisdiction regarding projects owned or operated by other entities which discharge into the Secondary Permittee’s MS4, to assist the local jurisdiction with achieving compliance with all relevant ordinances, rules, and regulations of the local jurisdiction(s). 6. Pollution Prevention and Good Housekeeping for Municipal Operations Each Secondary Permittee shall: Implement a municipal Operation and Maintenance Plan (O&M Plan) to minimize stormwater pollution from activities conducted by the Secondary Permittee. The O&M Plan shall include appropriate pollution prevention and good housekeeping procedures for all of the following operations, activities, and/or types of facilities that are present within the Secondary Permittee’s boundaries and under the functional control of the Secondary Permittee.23 Stormwater collection and conveyance systems, including catch basins, stormwater pipes, open channels, culverts, and stormwater treatment and/or flow control BMPs and facilities. The O&M Plan shall address, at a minimum: scheduled annual inspections, and maintenance activities, including cleaning and proper disposal of waste removed from the system. Secondary Permittees shall properly maintain stormwater collection and conveyance systems owned or operated by the Secondary Permittee, and regularly inspect and maintain all stormwater facilities to ensure facility function. Secondary Permittees shall establish maintenance standards that are as protective 23 New Secondary Permittees shall develop and implement the operation and maintenance plan described in S6.D.6.a no later than three years from the initial date of permit coverage. Moses Lake Council Packet 4-25-23, Page 101 of 152 S6.D.6 S6.D.6 Eastern Washington Phase II Municipal Page 34 of 53 Stormwater Permit - August 1, 2019 or more protective of facility function than those specified in the the Stormwater Management Manual for Eastern Washington. Secondary Permittees shall review their maintenance standards to ensure they are consistent with the requirements of this Section. Secondary Permittees shall conduct spot checks of potentially damaged permanent stormwater treatment and flow control facilities following major storm events (24-hour storm event with a 10-year or greater recurrence interval). Roads, highways, and parking lots. The O&M Plan shall address, but is not limited to: deicing, anti-icing, and snow removal practices, snow disposal areas, material (e.g., salt, sand, or other chemical) storage areas, all-season BMPs to reduce road and parking lot debris, and other pollutants from entering the MS4. Vehicle fleets. The O&M Plan shall address, but is not limited to: storage, washing, and maintenance of Secondary Permittee vehicle fleets; and fueling facilities. Secondary Permittees shall conduct all vehicle and equipment washing and maintenance in a self-contained covered building or in designated wash and/or maintenance areas. External building maintenance. The O&M Plan shall address building exterior cleaning and maintenance, including cleaning, washing, painting; maintenance and management of dumpsters; and other maintenance activities. Parks and open space. The O&M Plan shall address, but is not limited to: proper application of fertilizer, pesticides, and herbicides; sediment and erosion control; BMPs for landscape maintenance and vegetation disposal; and trash and pet waste management. Material storage facilities and heavy equipment maintenance or storage yards. Secondary Permittees shall develop and implement a Stormwater Pollution Prevention Plan to protect water quality at each of these facilities owned or operated by the Secondary Permittee and not covered under the Industrial Stormwater General Permit or under another NPDES permit that authorizes stormwater discharges associated with the activity. Other facilities that would reasonably be expected to discharge contaminated runoff. The O&M Plan shall address proper stormwater pollution prevention practices for each facility. From the initial date of Permit coverage, Secondary Permittees shall also have permit coverage for all facilities operated by the Secondary Permittee that are required to be covered under the Industrial Stormwater General Permit or another NPDES permit that authorizes surface water discharges associated with the activity. The O&M Plan shall include sufficient documentation and records as necessary to demonstrate compliance with the O&M Plan requirements in S6.D.6.a(i) through (vii) above. No later than three years from the initial date of permit coverage, Secondary Permittees shall implement a program designed to train all employees whose Moses Lake Council Packet 4-25-23, Page 102 of 152 S6.D.6 S6.D.6 Eastern Washington Phase II Municipal Page 35 of 53 Stormwater Permit - August 1, 2019 construction, operations, or maintenance job functions may impact stormwater quality. The training shall address: The importance of protecting water quality. The requirements of this Permit. Operation and maintenance requirements. Inspection procedures. Ways to perform their job activities to prevent or minimize impacts to water quality. Procedures for reporting water quality concerns, including potential illicit discharges and spills. S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS The following requirements apply if an applicable TMDL is approved for stormwater discharges from MS4s owned or operated by the Permittee. Applicable TMDLs are TMDLs which have been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage, whichever is later. A. For applicable TMDLs listed in Appendix 2 – Total Maximum Daily Load Requirements, affected Permittees shall comply with the specific requirements identified in Appendix 2. Each Permittee shall keep records of all actions required by this Permit that are relevant to applicable TMDLs within their jurisdiction. The status of the TMDL implementation shall be included as part of the Annual Report submitted to Ecology. Each Annual Report shall include a summary of relevant SWMP and Appendix 2 activities conducted in the TMDL area to address the applicable TMDL parameter(s). B. For applicable TMDLs not listed in Appendix 2, compliance with this Permit shall constitute compliance with those TMDLs. C. For TMDLs that are approved by EPA after this Permit is issued, Ecology may establish TMDL- related permit requirements through future Permit modification if Ecology determines implementation of actions, monitoring, or reporting necessary to demonstrate reasonable further progress toward achieving TMDL waste load allocations, and other targets, are not occurring and shall be implemented during the term of this Permit or when this Permit is reissued. Permittees are encouraged to participate in development of TMDLs within their jurisdiction and to begin implementation. S8. MONITORING AND ASSESSMENT A. Stormwater Management Program Effectiveness Studies Each city and county Permittee listed in S1.D.2.a.i and S1.D.2.a.ii shall: Moses Lake Council Packet 4-25-23, Page 103 of 152 S8.A.1 S8.B.1 Eastern Washington Phase II Municipal Page 36 of 53 Stormwater Permit - August 1, 2019 1. Continue to participate in implementation of the eight Ecology-approved studies that were selected pursuant to Section S8.B in the Eastern Washington Phase II Municipal Stormwater Permit (2014-2019). Each Lead Entity shall implement the study according to the Ecology-approved Quality Assurance Project Plan (QAPP). 2. Coordinate with other Permittees in your Urban Area to plan and begin an additional Stormwater Management Program effectiveness study. Two or more Urban Areas may collaborate on a single study. The ten Urban Areas associated with this Permit are: Clarkston, Ellensburg, Moses Lake, Pullman, Spokane, Sunnyside, Tri-Cities (Quad Cities), Walla Walla, Wenatchee, and Yakima. Every Permittee shall participate by one or more of the following options: Serve as the Lead Entity. Contribute staff time or other in-kind services. Provide funding. Submit to Ecology a brief description of the study, with a list of project participants and each participant’s associated role(s) in the study, on or before June 30, 2021. Submit a detailed study design proposal to Ecology on or before September 30, 2022. Follow the format and instructions in the Eastern Washington Stormwater Effectiveness Studies, Detailed Study Design Proposal & QAPP template (July, 1, 2019, v.1) appropriate for the study type (i.e. operational, structural, or education and outreach). Submit a completed QAPP on or before July 31, 2023. Follow the format and instructions in the QAPP template appropriate for the study type (e.g. operational, structural, or education and outreach). Begin to conduct the study on or before December 1, 2023, or within three months of receiving Ecology’s approval of the QAPP (whichever is later). Include effectiveness study activities (e.g. assigned duties; participation in meetings, proposal development, project reviews; and study implementation) in the Permittee’s updated SWMP. B. Reporting 1. Every Lead Entity shall follow the reporting requirements and timelines in the approved QAPP for the study, including: Enter all applicable data collected as part of conducting the study into Ecology’s Environmental Information Management (EIM) database. Project data that are not appropriate for EIM shall be submitted in the Annual Report. Within 60 days of completing the study, publish a final report with the results of the study and recommended future actions based on the findings. Moses Lake Council Packet 4-25-23, Page 104 of 152 S8.B.2 S9.C.3 Eastern Washington Phase II Municipal Page 37 of 53 Stormwater Permit - August 1, 2019 Within 90 days of completing the study, produce a fact sheet summarizing the findings and recommendations and share it with other Permittees. The target audience for the fact sheet is stormwater managers and local government elected officials. 2. Every city and county Permittee listed in S1.D.2.a.i and S1.D.2.a.ii shall track assigned duties and record participation in effectiveness study meetings, proposal development, project reviews, and study implementation, and include a summary in the Permittee’s Annual Report. S9. REPORTING REQUIREMENTS No later than March 31 of each year beginning in 2020, each Permittee shall submit an Annual Report. The reporting period for the first Annual Report will be January 1, 2019 through December 31, 2019. The reporting period for all subsequent Annual Reports will be the previous calendar year, unless otherwise specified. Permittees shall submit Annual Reports electronically using Ecology’s WQWebPortal program available on Ecology’s website, unless otherwise directed by Ecology. Permittees unable to submit electronically through Ecology’s WQWebPortal shall contact Ecology to request a waiver and obtain instructions on how to submit an Annual Report in an alternative format. A. Each Permittee is required to keep all records related to this Permit for at least five years. B. Each Permittee shall make all records related to this Permit and the Permittee’s SWMP available to the public at reasonable times during business hours. The Permittee will provide a copy of the most recent Annual Report to any individual or entity, upon request. 1. A reasonable charge may be assessed by the Permittee for making photocopies of records. 2. The Permittee may require reasonable advance notice of intent to review records related to this Permit. C. Annual Report for Cities, Towns, and Counties Each Annual Report shall include the following: 1. A copy of the Permittee’s current Stormwater Management Program Plan (SWMP Plan), as required by S5.A.4. 2. Submittal of the Annual Report form as provided by Ecology pursuant to S9., describing the status of implementation of the requirements of this Permit during the reporting period. 3. Attachments to the Annual Report form including summaries, descriptions, reports, and other information, as required or as applicable, to meet the conditions of this Permit during the reporting period, or as a required submittl. Refer to Appendix 3 for Annual Report questions.24 24 New Permittees refer to Appendix 5 for Annual Report questions. Moses Lake Council Packet 4-25-23, Page 105 of 152 S9.C.4 S9.D.5 Eastern Washington Phase II Municipal Page 38 of 53 Stormwater Permit - August 1, 2019 4. If applicable, notice that the MS4 is relying on another governmental entity to satisfy any of the obligations under this Permit. 5. Certification and signature pursuant to G19.D, and notification of any changes to authorization pursuant to G19.C. 6. Permittees shall include with the Annual Report, notification of any annexations, incorporations or jurisdictional boundary changes resulting in an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period. D. Annual Report for Secondary Permittees Each Annual Report shall include the following: 1. Submittal of the Annual Report form, as provided by Ecology pursuant to S9., describing the status of implementation of the requirements of this Permit during the reporting period. 2. Attachments to the Annual Report form including summaries, descriptions, reports, and other information, as required or as applicable, to meet the conditions of this Permit during the reporting period. Refer to Appendix 4 for Annual Report questions. 3. Certification and signature pursuant to G19.D, and notification of any changes to authorization pursuant to G19.C. 4. If applicable, notice that the MS4 is relying on another governmental entity to satisfy any of the obligations under this Permit. 5. Secondary Permittees shall include with the Annual Report, notification of any jurisdictional boundary changes resulting in an increase or decrease in the Permittee’s geographic area of permit coverage during the reporting period. Moses Lake Council Packet 4-25-23, Page 106 of 152 Eastern Washington Phase II Municipal Page 39 of 53 Stormwater Permit - August 1, 2019 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this Permit shall be consistent with the terms and conditions of this Permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee shall, at all times, properly operate and maintain all facilities and systems of collection, treatment, and control (and related appurtenances) which are installed or used by the Permittee for pollution control to achieve compliance with the terms and conditions of this Permit. G3. NOTIFICATION OF DISCHARGE INCLUDING SPILLS If a Permittee has knowledge of a discharge, including spills, into or from a MS4 which could constitute a threat to human health, welfare, or the environment, the Permittee shall: A. Take appropriate action to correct or minimize the threat to human health, welfare, and/or the environment. B. Notify the Ecology regional office and other appropriate spill response authorities immediately, but in no case later than within 24 hours of obtaining that knowledge. C. Immediately report spills or discharges of oils or hazardous substances to the Ecology regional office, and to the Washington Emergency Management Division at 1-800-258-5990. G4. BYPASS PROHIBITED The intentional bypass of stormwater from all or any portion of a stormwater treatment BMP, whenever the design capacity of the treatment BMP is not exceeded, is prohibited unless the following conditions are met: A. Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property damage; or (2) necessary to perform construction or maintenance-related activities essential to meet the requirements of the Clean Water Act (CWA); and B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated stormwater, or maintenance during normal dry periods. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. G5. RIGHT OF ENTRY The Permittee shall allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law, at reasonable times: A. To enter upon the Permittee's premises where a discharge is located or where any records shall be kept under the terms and conditions of this Permit. B. To have access to, and copy at reasonable cost and at reasonable times, any records that shall be kept under the terms of the Permit. Moses Lake Council Packet 4-25-23, Page 107 of 152 Eastern Washington Phase II Municipal Page 40 of 53 Stormwater Permit - August 1, 2019 C. To inspect, at reasonable times, any monitoring equipment or method of monitoring required in the Permit. D. To inspect, at reasonable times, any collection, treatment, pollution management, or discharge facilities. E. To sample, at reasonable times, any discharge of pollutants. G6. DUTY TO MITIGATE The Permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this Permit which has a reasonable likelihood of adversely affecting human health or the environment. G7. PROPERTY RIGHTS This Permit does not convey any property rights of any sort, or any exclusive privilege. G8. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this Permit will be construed as excusing the Permittee from compliance with any other applicable federal, state, or local statutes, ordinances, or regulations. G9. MONITORING A. Representative Sampling: Samples and measurements taken to meet the requirements of this Permit shall be representative of the volume and nature of the monitored discharge, including representative sampling of any unusual discharge or discharge condition, including bypasses, upsets, and maintenance-related conditions affecting effluent quality. B. Records Retention: The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original recordings for continuous monitoring instrumentation, copies of all reports required by this Permit, and records of all data used to complete the application for this Permit, for a period of at least five years. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. On request, monitoring data and analysis shall be provided to Ecology. C. Recording of Results: For each measurement or sample taken, the Permittee shall record the following information: (1) the date, exact place and time of sampling; (2) the individual who performed the sampling or measurement; (3) the dates the analyses were performed; (4) who performed the analyses; (5) the analytical techniques or methods used; and (6) the results of all analyses. D. Test Procedures: All sampling and analytical methods used to meet the monitoring requirements specified in this Permit shall conform to the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136, unless otherwise specified in this Permit or approved in writing by Ecology. E. Flow Measurement: Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated, and maintained to ensure that the accuracy of the measurements is consistent with the accepted industry standard for that type of device. Frequency of calibration shall be Moses Lake Council Packet 4-25-23, Page 108 of 152 Eastern Washington Phase II Municipal Page 41 of 53 Stormwater Permit - August 1, 2019 in conformance with manufacturer's recommendations or at a minimum frequency of at least one calibration per year. Calibration records should be maintained for a minimum of three years. F. Lab Accreditation: All monitoring data, except for flow, temperature, conductivity, pH, total residual chlorine, and other exceptions approved by Ecology, shall be prepared by a laboratory registered or accredited under the provisions of, Accreditation of Environmental Laboratories, Chapter 173-50 WAC. Soils and hazardous waste data are exempted from this requirement pending accreditation of laboratories for analysis of these media by Ecology. Quick methods of field detection of pollutants, including nutrients, surfactants, salinity, and other parameters, are exempted from this requirement when the purpose of the sampling is identification and removal of a suspected illicit discharge. G. Additional Monitoring: Ecology may establish specific monitoring requirements in addition to those contained in this Permit by permit modification. G10. REMOVED SUBSTANCES With the exception of decant from street waste vehicles, the Permittee shall not allow collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of stormwater to be re-suspended or reintroduced to the MS4 or to waters of the State. Decant from street waste vehicles resulting from cleaning stormwater facilities may be reintroduced only when other practical means are not available, and only in accordance with the Street Waste Disposal Guidelines in Appendix 6. Solids generated from maintenance of the MS4 may be reclaimed, recycled, or reused when allowed by local codes and ordinances. Soils that are identified as contaminated pursuant to Chapter 173-350 WAC shall be disposed at a qualified solid waste disposal facility (see Appendix 6). G11. SEVERABILITY The provisions of this Permit are severable, and if any provision of this Permit, or the application of any provision of this Permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this Permit will not be affected thereby. G12. REVOCATION OF COVERAGE The director may terminate coverage under this General Permit in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC. Cases where coverage may be terminated include, but are not limited to, the following: A. Violation of any term or condition of this General Permit. B. Obtaining coverage under this General Permit by misrepresentation or failure to disclose fully all relevant facts. C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. D. A determination that the permitted activity endangers human health or the environment, or contributes significantly to water quality standards violations. E. Failure or refusal of the Permittee to allow entry, as required in RCW 90.48.090. F. Nonpayment of permit fees assessed pursuant to RCW 90.48.465. Moses Lake Council Packet 4-25-23, Page 109 of 152 Eastern Washington Phase II Municipal Page 42 of 53 Stormwater Permit - August 1, 2019 Revocation of coverage under this General Permit may be initiated by Ecology or requested by any interested person. G13. TRANSFER OF COVERAGE The director may require any discharger authorized by this General Permit to apply for and obtain an individual permit in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC. G14. GENERAL PERMIT MODIFICATION AND REVOCATION This General Permit may be modified, revoked and reissued, or terminated in accordance with the provisions of WAC 173-226-230. Grounds for modification, revocation and re-issuance, or termination include, but are not limited to, the following: A. A change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this General Permit; B. Effluent limitation guidelines or standards are promulgated pursuant to the CWA or Chapter 90.48 RCW, for the category of dischargers covered under this General Permit; C. A water quality management plan containing requirements applicable to the category of dischargers covered under this General Permit is approved; D. Information is obtained which indicates that cumulative effects on the environment from dischargers covered under this General Permit are unacceptable; or E. Changes made to State law reference this General Permit. G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION A Permittee who knows or has reason to believe that any activity has occurred or will occur which would constitute cause for modification or revocation and re-issuance under General Condition G12 or G14, or 40 CFR 122.62 shall report such plans, or such information, to Ecology so that a decision can be made on whether action to modify, or revoke and reissue this Permit will be required. Ecology may then require submission of a new or amended application. Submission of such application does not relieve the Permittee of the duty to comply with this Permit until it is modified or reissued. G16. APPEALS A. The terms and conditions of this General Permit, as they apply to the appropriate class of dischargers, are subject to appeal within thirty days of issuance of this general permit, in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC. B. The terms and conditions of this General Permit, as they apply to an individual discharger, can be appealed in accordance with Chapter 43.21B RCW within thirty days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit's applicability or non-applicability to that individual discharger. C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this General Permit. If the terms and conditions of this General Permit are found to be inapplicable to any individual discharger(s), the matter will be remanded to Ecology for consideration of issuance of an individual permit or permits. Moses Lake Council Packet 4-25-23, Page 110 of 152 Eastern Washington Phase II Municipal Page 43 of 53 Stormwater Permit - August 1, 2019 D. Modifications of this Permit can be appealed in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC. G17. PENALTIES 40 CFR 122.41(a)(2) and (3), 40 CFR 122.41(j)(5), and 40 CFR 122.41(k)(2) are hereby incorporated into this Permit by reference. G18. DUTY TO REAPPLY The Permittee shall apply for permit renewal at least 180 days prior to the specified expiration date of this Permit. G19. CERTIFICATION AND SIGNATURE All formal submittals to Ecology shall be signed and certified. A. All permit applications shall be signed by either a principal executive officer or ranking elected official. B. All formal submittals required by this Permit shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above and submitted to Ecology, and 2. The authorization specifies either an individual or a position having responsibility for the overall development and implementation of the Stormwater Management Program. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.) C. Changes to authorization. If an authorization under General Condition G19.B.2 is no longer accurate because a different individual or position has responsibility for the overall development and implementation of the Stormwater Management Program, a new authorization satisfying the requirements of General Condition G19.B.2 shall be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a formal submittal under this Permit shall make the following certification: “I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for willful violations.” G20. NON-COMPLIANCE NOTIFICATION In the event it is unable to comply with any of the terms and conditions of this Permit, the Permittee shall: Moses Lake Council Packet 4-25-23, Page 111 of 152 Eastern Washington Phase II Municipal Page 44 of 53 Stormwater Permit - August 1, 2019 A. Notify Ecology of the failure to comply with the permit terms and conditions in writing within 30 days of becoming aware that the non-compliance has occurred. The written notification shall include all of the following: 1. A description of the non-compliance, including dates. 2. Beginning and ending dates of the non-compliance and, if the non-compliance has not been corrected, the anticipated date of correction. 3. Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the non- compliance. B. Take appropriate action to stop or correct the condition of non-compliance. G21. UPSETS Permittees shall meet the conditions of 40 CFR 122.41(n) regarding “Upsets.” The conditions are as follows: A. Definition. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of paragraph (C) of this condition are met. Any determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, will not constitute final administrative action subject to judicial review. C. Conditions necessary for demonstration of upset. A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed contemporaneous operating logs or other relevant evidence, that: 1. An upset occurred and that the Permittee can identify the cause(s) of the upset; 2. The permitted facility was at the time being properly operated; 3. The Permittee submitted notice of the upset as required in 40 CFR 122.41(l)(6)(ii)(B) (24- hour notice of noncompliance); and 4. The Permittee complied with any remedial measures required under 40 CFR 122.41(d) (Duty to Mitigate). D. Burden of proof. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof. Moses Lake Council Packet 4-25-23, Page 112 of 152 Eastern Washington Phase II Municipal Page 45 of 53 Stormwater Permit - August 1, 2019 DEFINITIONS AND ACRONYMS 40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. ADT means Average Daily Traffic. AKART means All Known, Available, and Reasonable methods of prevention, control, and Treatment. See also the State Water Pollution Control Act, Sections 90.48.010 RCW and 90.48.520 RCW. All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment refers to the state Water Pollution Control Act, RCW 90.48.010 and 90.48.520. Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance date of this Permit, or prior to the date that Ecology issues coverage under this Permit, whichever is later. Average Daily Traffic means the expected number of vehicles using a roadway. Projected average daily traffic volumes are considered in designing a roadway or roadway improvement. ADT volumes shall be estimated using “Trip Generation” published by the Institute of Transportation Engineers or from a traffic study prepared by a professional engineer or transportation specialist with expertise in traffic volume estimation. ADT volumes shall be estimated for the design year or expected life of the project (the intent is for treatment facilities to be added in the soonest period of disruptive construction). For project sites with seasonal or varied use, evaluate the highest period of expected traffic impacts. Beneficial Uses means uses of waters of the State, which include, but are not limited to: use for domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and wildlife maintenance and enhancement, recreation, generation of electric power, and preservation of environmental and aesthetic values, and all other uses compatible with the enjoyment of the public waters of the State. Best Management Practices are the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMP means Best Management Practice. Bypass means the diversion of stormwater from any portion of a stormwater treatment facility. Census Urban Area means Urbanized Area. Certified Erosion and Sediment Control Lead means an individual who is knowledgeable in the principles and practices of erosion and sediment control. The CESCL shall have the skills to assess: the site conditions and construction activities that could impact the quality of stormwater; and the effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. The CESCL shall have current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (see BMP C160 in the Stormwater Management Manual for Eastern Washington (2019)). CESCL means Certified Erosion and Sediment Control Lead. Moses Lake Council Packet 4-25-23, Page 113 of 152 Eastern Washington Phase II Municipal Page 46 of 53 Stormwater Permit - August 1, 2019 Circuit means a portion of a MS4 discharging to a single point or serving a discrete area determined by traffic volumes, land use, topography, or the configuration of the MS4. Common Plan of Development or Sale means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but still under a single plan. Examples include: 1) phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining permit requirements. Component or Program Component means an element of the Stormwater Management Program listed in S5 –Stormwater Management Program for Cities, Towns, and Counties or S6 –Stormwater Management Program for Secondary Permittees, S7 –Compliance with Total Maximum Daily Load Requirements, or S8 – Monitoring and Assessment of this Permit. Conveyance System means that portion of the municipal separate storm sewer system designed or used for conveying stormwater. Co-Permittee means any owner or operator of a regulated small MS4 that is in a cooperative agreement with at least one other applicant for coverage under this Permit. A Co-Permittee owns or operates a regulated small MS4 located within or in proximity to another regulated MS4. A Co-Permittee is only responsible for complying with the conditions of this Permit relating to discharges from the MS4 the Co- Permittee owns or operates. See also 40 CFR 122.26(b)(1) CWA means the federal Clean Water Act (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as amended in Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 U.S.C. 1251 et. seq. Director means the Director of the Washington State Department of Ecology, or an authorized representative. Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the Permittee’s MS4 facilities/BMPs designed to infiltrate. Entity means a governmental body or a public or private organization. EPA means the U.S. Environmental Protection Agency Existing Conditions are the impervious surfaces, drainage systems, land cover, native vegetation and soils that exist at a site prior to any changes associated with achieving the proposed development conditions. Approved permits and engineering plans may be required. If sites have impervious areas and drainage systems that were built without approved permits, then the existing condition is defined as those that existed prior to the issue date of this Permit. Existing conditions may be verified by using aerial photography or other records. Existing conditions are used for hydrologic analysis at the site unless a City or County imposes other requirements. Fully Stabilized means the establishment of a permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions, or geotextiles) which prevents erosion. Moses Lake Council Packet 4-25-23, Page 114 of 152 Eastern Washington Phase II Municipal Page 47 of 53 Stormwater Permit - August 1, 2019 General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Groundwater means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to Chapter 173-200 WAC. 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 or WAC 173-303-100. Heavy Equipment Maintenance or Storage Yard means an uncovered area where any heavy equipment, such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are washed or maintained, or where at least five pieces of heavy equipment are stored on a long term basis. High ADT Roadways and Parking Areas means any roads with ADT greater than 30,000 vehicles per day; and parking areas with more than 100 trip ends per 1,000 SF of gross building area or greater than 300 total trip ends are considered to be high-use traffic areas. Examples include commercial buildings with a frequent turnover of customers and other visitors. High Potential for Sediment Transport means any project that does not qualify for the Erosivity Waiver as described in Appendix 1. High-Use Sites generate high concentrations of oil due to high traffic turnover or the frequent transfer of oil and/or other petroleum products. High-use sites are land uses where sufficient quantities of free oil are likely to be present such that they can be effectively removed with special treatment. A high-use site is any one of the following: • A road intersection with expected ADT of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements; or • A commercial or industrial site with an expected trip end count equal to or greater than 100 vehicles per 1,000 SF of gross building area (best professional judgment should be used in comparing this criterion with the following criterion); or • A customer or visitor parking lot with an expected trip end count equal to or greater than 300 vehicles (best professional judgment should be used in comparing this criterion with the preceding criterion); or • Commercial on-street parking areas on streets with an expected total ADT count equal to or greater than 7,500; or • Fueling stations and facilities; or • A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year (not including locations where heating fuel is routinely delivered to end users and the annual amount of heating oil used at the site is the sole basis for the site meeting this definition; heating fuel handling and storage facilities are subject to this definition); or • A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more diesel vehicles that are over 10 tons gross weight (trucks, buses, trains, heavy equipment, etc.); or • Maintenance and repair facilities for vehicles, aircraft, construction equipment, railroad equipment, or industrial machinery and equipment; or Moses Lake Council Packet 4-25-23, Page 115 of 152 Eastern Washington Phase II Municipal Page 48 of 53 Stormwater Permit - August 1, 2019 • Outdoor areas where hydraulic equipment is stored; or • Log storage and sorting yards and other sites subject to frequent use of forklifts and/or other hydraulic equipment; or • Railroad yards. Hydrologic Modification of a Wetland means, for the purpose of stormwater management, that the wetland will receive a greater total volume of surface runoff following the proposed development than it receives in the current condition. Hyperchlorinated means water that contains more than 10 mg/Liter chlorine. Illicit Connection means any infrastructure connection to the MS4 that is not intended, permitted, or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in this Permit (S5.B.3 and S6.D.3). Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. Illicit Discharge means any discharge to a MS4 that is not composed entirely of stormwater or of non- stormwater discharges allowed as specified in this Permit (S5.B.3 and S6.D.3). LID means Low Impact Development. Land-Disturbing Activity means any activity that results in movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land- disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction associated with stabilization of structures and road construction shall also be considered a land- disturbing activity. Vegetation maintenance practices are not considered land-disturbing activity. Low ADT Roadways and Parking Areas are urban roads with ADT fewer than 7,500 vehicles per day; rural roads and freeways with ADT less than 15,000 vehicles per day; and parking areas with less than 40 trip ends per 1,000 SF of gross building area or fewer than 100 total trip ends per day are considered to be low-use traffic areas. Examples include most residential parking, and employee-only parking areas for small office parks or other commercial buildings. Urban roads are located within designated Urban Growth Management Areas; rural roads are located outside designated Urban Growth Management Areas. Freeways, defined as fully controlled and partially controlled limited access highways, may be located either inside or outside of Urban Growth Management Areas. Low Density Residential Land Use means, for the purpose of permit Section S8 – Monitoring and Assessment, one dwelling unit per 1 to 5 acres. Low Impact Development means a stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. Material Storage Facilities means an uncovered area where bulk materials (e.g., liquid, solid, granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means. Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water Act, which reads as follows: “Permits for discharges from municipal storm sewers shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control Moses Lake Council Packet 4-25-23, Page 116 of 152 Eastern Washington Phase II Municipal Page 49 of 53 Stormwater Permit - August 1, 2019 techniques, and system, design, and engineering methods, and other such provisions as the Administrator or the State determines appropriate for the control of such pollutants.” MEP means Maximum Extent Practicable. Moderate ADT Roadways and Parking Areas are urban roads with ADT between 7,500 and 30,000 vehicles per day; rural roads and freeways with ADT between 15,000 and 30,000 vehicles per day; and parking areas with between 40 and 100 trip ends per 1,000 SF of gross building area or between 100 and 300 total trip ends per day are considered to be moderate-use traffic areas. Examples include visitor parking for small to medium commercial buildings with a limited number of daily customers. Urban roads are located within designated Urban Growth Management Areas; rural roads are located outside designated Urban Growth Management Areas. Freeways, defined as fully controlled and partially controlled limited access highways, may be located either inside or outside of Urban Growth Management Areas. Moderate-Use Sites include moderate ADT roadways and parking areas (see definition above); primary access points for high-density residential apartments; most intersections controlled by traffic signals; and transit center bus stops. These sites are expected to generate sufficient concentrations of metals that additional runoff treatment is needed to protect water quality in non-exempt surface waters. MS4 means Municipal Separate Storm Sewer System. Municipal Separate Storm Sewer means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (i) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State Law) having jurisdiction over disposal of wastes, stormwater, or other wastes, including special districts under State Law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of Washington State; (ii) designed or used for collecting or conveying stormwater; (iii) which is not a combined sewer; and (iv) which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 CFR 122.2. (v) which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40 CFR 122.26. National Pollutant Discharge Elimination System means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the State from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. New Development means land disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short Moses Lake Council Packet 4-25-23, Page 117 of 152 Eastern Washington Phase II Municipal Page 50 of 53 Stormwater Permit - August 1, 2019 subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. New Permittee means a city, town, or county that is subject to the Eastern Washington Phase II Municipal Stormwater General Permit and was not subject to the Permit prior to August 1, 2019. New Secondary Permittee means a Secondary Permittee that is covered under a municipal stormwater general permit and was not covered by the Permit prior to August 1, 2019. NOI means Notice of Intent. Non-Pollutant Generating Impervious Surfaces are considered to be insignificant sources of pollutants in stormwater runoff. Roofs that are subject only to atmospheric deposition or normal heating, ventilation, and air conditioning vents are considered NPGIS, unless the roofing material is uncoated metal. The following may also be considered NPGIS: paved bicycle pathways and pedestrian sidewalks that are separated from and not subject to drainage from roads for motor vehicles, fenced fire lanes, infrequently used maintenance access roads, and “in-slope” areas of roads. Sidewalks that are regularly treated with sand, salt or other de-icing/anti-icing agents are not considered NPGIS. Notice of Intent means an application or request for coverage under a General NPDES Permit pursuant to WAC 173-226-200. NPDES means National Pollutant Discharge Elimination System. NPGIS means Non-Pollutant Generating Impervious Surfaces. Outfall means point source, as defined by 40 CFR 122.2, at the point where a discharge leaves the MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). Overburdened Community - Minority, low-income, tribal, or indigenous populations or geographic locations in the Washington State that potentially experience disproportionate environmental harms and risks. This disproportionality can be as a result of greater vulnerability to environmental hazards, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or lack of positive environmental, health, economic, or social conditions within these populations or places. The term describes situations where multiple factors, including both environmental and socio-economic stressors, may act cumulatively to affect health and the environment and contribute to persistent environmental health disparities. Permittee unless otherwise noted, includes Co-Permittee, Secondary Permittee, and New Secondary Permittee. PGIS means Pollutant Generating Impervious Surfaces. Physically Interconnected means that one MS4 is connected to another storm sewer system in such a way that it allows for direct discharges to the second system. For example, the roads with drainage systems and municipal streets of one entity are physically connected directly to a storm sewer system belonging to another entity. Pollutant-Generating Impervious Surfaces are surfaces that are considered to be significant sources of pollutants in stormwater runoff. Such surfaces include those that are subject to vehicular use, industrial Moses Lake Council Packet 4-25-23, Page 118 of 152 Eastern Washington Phase II Municipal Page 51 of 53 Stormwater Permit - August 1, 2019 activities, or storage of erodible or leachable materials that receive direct rainfall or run-on or blow-in of rainfall. Metal roofs are considered to be PGIS unless coated with an inert, non-leachable material. Roofs that are subject to venting of indoor pollutants from manufacturing, commercial, or other operations or processes are also considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly used by motor vehicles. The following are considered regularly-used surfaces: roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, vehicular equipment storage yards, and airport runways. Proposed Development Conditions are the impervious surfaces, drainage systems, land cover, native vegetation, and soils that are proposed to exist at the site at the completion of the project (complete build-out). Also called “post-developed conditions.” QAPP means Quality Assurance Project Plan. Qualified Personnel means someone who has had professional training in the aspects of stormwater management for which they are responsible and are under the functional control of the Permittee. Qualified Personnel may be staff members, contractors, and/or volunteers. Quality Assurance Project Plan means a document that describes the objectives of an environmental study and the procedures to be followed to achieve those objectives. RCW means the Revised Code of Washington State. Redevelopment means on a site that is already substantially developed, the replacement or improvement of impervious surfaces, including buildings and other structures, and replacement or improvement of impervious parking and road surfaces that is not part of a routine maintenance activity. (Any new impervious surfaces created by a redevelopment project are subject to the requirements for new development). Receiving Waterbody or Receiving Waters means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges. Regulatory Threshold refers to the one-acre size, including the exception noted below, of new development and redevelopment projects that shall be regulated under this Permit. The threshold includes construction site activities and new development and redevelopment projects that result in a land disturbance of equal to or greater than one acre and construction activities and projects less than one acre that are part of a larger common plan of development or sale. This threshold is a minimum requirement that may be exceeded by a local jurisdiction. Replaced Impervious Surfaces means, for structures, the removal and replacement of any exterior impervious surfaces or foundation; or, for other impervious surfaces, the removal down to bare soil, or base course, and replacement. Exemptions and partial exemptions are defined in Appendix 1 of this Permit. Runoff is water that travels across the land surface, or laterally through the ground near the land surface, and discharges to water bodies either directly or through a collection and conveyance system. See also “Stormwater.” Rural Roads are roads located outside designated Urban Growth Management Areas. Moses Lake Council Packet 4-25-23, Page 119 of 152 Eastern Washington Phase II Municipal Page 52 of 53 Stormwater Permit - August 1, 2019 Secondary Permittee is an operator of a MS4 that is not a city, town, or county. Secondary Permittees include special purpose districts and other public entities that meet the criteria in S1.B. Shared Water Bodies means water bodies, including downstream segments, lakes, and estuaries that receive discharges from more than one Permittee. Short Duration Storm means the 3-hour duration design storm distribution, described in Chapter 4.2.1 of the Stormwater Management Manual for Eastern Washington (2004), which represents the short durations, high intensities, and smaller volumes that characterize summer thunderstorms in eastern Washington. Significant Contributor means a discharge that contributes a loading of pollutants considered to be sufficient to cause or exacerbate the deterioration of receiving water quality or instream habitat conditions. Small Municipal Separate Storm Sewer System or Small MS4 is a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, and/or storm drains which is not defined as a “large” or “medium” MS4, pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 (a)(1)(v). Stormwater means runoff during and following precipitation and snowmelt events, including surface runoff, drainage, or interflow. Stormwater Associated with Industrial and Construction Activity means the discharge from any conveyance used for collecting and conveying stormwater directly related to manufacturing, processing, or raw materials storage areas at an industrial plant, or associated with clearing, grading, and/or excavation, and required to have an NPDES permit in accordance with 40 CFR 122.26. Stormwater Management Manual for Eastern Washington means the technical manual (Publication No. 18-10-044) published by the Department of Ecology in 2019. Stormwater Management Program means a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the MEP and to protect water quality, and comprising the components listed in S5 or S6 of this Permit and any additional actions necessary to meet the requirements of applicable TMDLs pursuant to S7 – Compliance with TMDL Requirements and S8 Monitoring and Assessment. Surface Waters includes lakes, rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the State of Washington. SWMMEW means the Stormwater Management Manual for Eastern Washington (2019). SWMP means Stormwater Management Program. SWMP Plan means Stormwater Management Program Plan. TMDL means Total Maximum Daily Load. TMDL Waste Load Allocation means the allowable load of a single pollutant from a single contributing point source. Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the maximum amount of a pollutant that a water body can receive and still meet water quality standards, and an Moses Lake Council Packet 4-25-23, Page 120 of 152 Eastern Washington Phase II Municipal Page 53 of 53 Stormwater Permit - August 1, 2019 allocation of that amount to the pollutant’s sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The calculation shall include a margin of safety to ensure that the water body can be used for the purposes the state has designated. The calculation shall also account for seasonable variation in water quality. Water quality standards are set by states, territories, and tribes. They identify the uses for each water body, for example, drinking water supply, contact recreation (swimming), aquatic life support (fishing), and the scientific criteria to support that use. The Clean Water Act, Section 303, establishes the water quality standards and TMDL programs. Trip Ends means the expected number of vehicles using a parking area. Projected trip end counts for a parking area are associated with the proposed land use. Trip end counts shall be estimated using “Trip Generation” published by the Institute of Transportation Engineers or from a traffic study prepared by a professional engineer or transportation specialist with expertise in traffic volume estimation. Trip end counts shall be made for the design year or expected life of the project (the intent is for treatment facilities to be added in the soonest period of disruptive construction). For project sites with seasonal or varied use, evaluate the highest period of expected traffic impacts. UA means Urbanized Area. Urban Growth Area means the designated area within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature, as defined at Chapter 36.70A.110 RCW (Growth Management Act). Urbanized Area is a federally designated land area comprising one or more places and the adjacent densely settled surrounding area that together have a residential population of at least 50,000 and an overall population density of at least 1,000 people per square mile. Urbanized Areas are designated by the U.S. Census Bureau based on the most recent decennial census. Urban Roads are roads located within designated Urban Growth Areas. Partially controlled limited access highways located inside of Urban Growth Management Areas are considered urban roads. Freeways, as defined above, are not considered urban roads for the purpose of applying the Core Elements in Appendix 1. Waters of the State includes those waters as defined as “waters of the United States” in 40 CFR 122.2 within the geographic boundaries of Washington State and “waters of the State” as defined in Chapter 90.48 RCW which includes: lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington. Waters of the United States is as defined in 40 CFR 122.2. Water Quality Standards means Surface Water Quality Standards, Chapter 173-201A WAC; Groundwater Quality Standards, Chapter 173-200 WAC; and Sediment Management Standards, Chapter 173-204 WAC. Moses Lake Council Packet 4-25-23, Page 121 of 152 Stormwater Program Overview and Proposed Code Updates Presented by: Brad Mitchell Stormwater Systems Manager Moses Lake Council Packet 4-25-23, Page 122 of 152 What is Stormwater? •Stormwater is defined: Runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow. Moses Lake Council Packet 4-25-23, Page 123 of 152 Stormwater Assets Moses Lake Council Packet 4-25-23, Page 124 of 152 Where does the Stormwater go? •Stormwater will discharge to the lake or to the ground once conveyed to a flow control structure Moses Lake Council Packet 4-25-23, Page 125 of 152 Background on Permitting requirements •In 2007 the city fell under the requirements obtain and manage a Municipal Separate Stormwater System (MS4) Permit from the water quality division of the Washington Department of Ecology. •Every 5 Years the permit must be renewed and is subject to specific deadlines and requirements. •Failure to meet the requirements of the Permit by the deadlines result can result in enforcement. Moses Lake Council Packet 4-25-23, Page 126 of 152 The Permit •The Washington State Department of Ecology develops and administers Clean Water Act National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits in Washington. The Eastern Washington Phase II permit requires local governments to manage and control stormwater runoff so that it does not pollute downstream waters. •The Current Eastern Washington Permit covers 19 Cities and portions of six counties •Cities-Asotin Clarkston, College Place, East Wenatchee, Ellensburg, Kennewick, Moses Lake, Pasco, Pullman, Richland, Selah, Spokane, Spokane Valley, Sunnyside, Union Gap, Walla Walla, Wenatchee, West Richland and Yakima. •Counties-Asotin, Chelan, Douglas, Spokane, Walla Walla, Yakima Moses Lake Council Packet 4-25-23, Page 127 of 152 What is required when you are covered under the permit? Inspection Education and outreach Public Involvement Illicit Discharge Detection and Elimination Compliance with Standards Construction Stormwater Control Municipal Operations and Maintenance Reporting Requirements Moses Lake Council Packet 4-25-23, Page 128 of 152 Inspection •Each asset that the City owns has a maintenance and inspection schedule. •The permit requires that each particular asset is inspected regularly. •The frequency depends on the type of asset and the potential for pollutant loading. •If the asset is not inspected by the requirements of the permit the city is required to self report. This leads to conversations with permit managers to formulate an improvement plan and possibly to enforcement actions by ecology. Moses Lake Council Packet 4-25-23, Page 129 of 152 Education and Outreach •Each area has specific milestones that must be completed. •Three key areas •Public •Public outreach must be tracked, and the results of the outreach must be used to tailor the outreach program. •Businesses •Design professionals, Developers and Engineers Moses Lake Council Packet 4-25-23, Page 130 of 152 Public Involvement •Requirements of the permit include the following. •Posting the Annual Report each year on the Cities stormwater web page. •Updating and posting the Stormwater Management Program Document on the web page. •Providing opportunities for the public to offer comment on the program. •To promote and post the spill hotline on the city website, utility bills, and social media. Moses Lake Council Packet 4-25-23, Page 131 of 152 Illicit Discharge Detection and Elimination •Each permittee shall implement and enforce a program designed to precent, detect, characterize, trace, and eliminate illicit connections and illicit discharges into the Municipal Separate Storm Sewer System (MS4). Moses Lake Council Packet 4-25-23, Page 132 of 152 Compliance with Standards •In accordance with RCW 90.48.520, the discharge of toxicants to waters of the State of Washington which would violate any water quality standard, including toxicant standards, sediment criteria, and dilution zone criteria is prohibited. •Waters of the State of Washington include sub-surface water. Moses Lake Council Packet 4-25-23, Page 133 of 152 Construction Stormwater Control •All Permittees shall implement and enforce a program to reduce pollutants in any stormwater runoff to the MS4 from construction activities that disturb one acre or more, and from construction projects of less than one acre that are part of a larger common plan of development or sale. Moses Lake Council Packet 4-25-23, Page 134 of 152 Municipal Operations and Maintenance •Permittees shall implement an operation and maintenance program that includes a training component and has the goal of preventing or reducing pollutant runoff from municipal operations. Moses Lake Council Packet 4-25-23, Page 135 of 152 Reporting •No later than March 31 of each year beginning in 2020, each Permittee shall submit an Annual Report. The reporting period for the first Annual Report will be January 1, 2019 through December 31, 2019. Moses Lake Council Packet 4-25-23, Page 136 of 152 Code changes required by permit. •There are some language changes that are required in the current 2019- 2024 permit cycle. These changes were required to be in place by February 2nd of 2023. Moses Lake Council Packet 4-25-23, Page 137 of 152 Current Municipal Code Moses Lake Council Packet 4-25-23, Page 138 of 152 Code Language required by permit. Moses Lake Council Packet 4-25-23, Page 139 of 152 Proposed Code Language required by permit. Moses Lake Council Packet 4-25-23, Page 140 of 152 The Proposed changes •The change in Chapter 13.01.040 was a definition addition for the commonly used term “BMP”. Moses Lake Council Packet 4-25-23, Page 141 of 152 •The proposed change in Chapter 13.02.020 adds “silt, sediment, gravel” to the list of items that are Illicit Discharges and shall not be discharged into the stormwater network. •Item V. is added, which prohibits Street and Sidewalk Flushing to align with the City of Moses Lake Community Street and Utility Standards 2022. Adopted by City Council on January 10, 2023 Resolution Number 3926 Moses Lake Council Packet 4-25-23, Page 142 of 152 •The proposed changes in Chapter 13.02.040 are: •Item B is missing “Volumetrically Controlled” and “PH Adjusted”. •Item C is missing “ Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water and Volumetrically Controlled” and “Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.” •Item D is recommended to be removed to align with the current version of the City of Moses Lake Community Standards which has removed Street and Sidewalk Flushing upon completion of a project. Moses Lake Council Packet 4-25-23, Page 143 of 152 Summary •The proposed changes to the Municipal code Chapter 13.02.040 are required and if the language changes are not adopted it may result in fines of $10,000 per day from Ecology and additional fines by the EPA. •The remaining changes in Chapters 13.01.40 and 13.02.020 add clarification for daily operations of the utility. Moses Lake Council Packet 4-25-23, Page 144 of 152 ORDINANCE 3023 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 13 WATER, SEWERS, AND PUBLIC UTLITIES. Recitals: 1. The City of Moses Lake is required to maintain and operate an NPDES Permit with the Washington State Department of Ecology for the City owned Municipal Separate Storm Sewer System. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 13.01.040 titled “Definitions” is amended as follows: 13.01.040 Definitions: The following terms, when used in this Title, shall have the following meaning: A. “Construction Site Operator” shall mean a person, firm, corporation, subdivider, developer, contractor, property owner, or any agent of a property owner who causes construction activity. B. “Impervious Groundcover” shall mean a surface that is covered with material that is resistant to infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface that impedes the natural infiltration of surface water. C. “Moses Lake” shall mean the body of water named Moses Lake along with all associated ponds, wetlands and tributaries, and the waters of the state, unless the usage of the phrase is clearly tied to the Moses Lake City Council, the City of Moses Lake, the Moses Lake Municipal Code, or the Port of Moses Lake. D. “Non-residential Property” shall mean all properties that are billed as commercial accounts per Chapter 13.12. E. “Non-Stormwater” shall mean discharge to a stormwater system that is not composed entirely of stormwater. F. “Potential Discharge to Moses Lake” shall mean stormwater that might discharge from the property into Moses Lake or the City’s stormwater system that discharges to Moses Lake; and includes areas where debris is tracked out into the right-of-way and might enter Moses Lake or the City’s stormwater system that discharges to Moses Lake. Moses Lake Council Packet 4-25-23, Page 145 of 152 G. “Property Owner” shall mean the property owner of record according to the Grant County Assessor’s Office and includes all part owners, joint owners, tenants in common, joint tenants, and tenants by the entirety, of the whole, or a part of such building or land. H. “Residential Property” shall mean all properties that are billed as residential accounts per Chapter 13.12. I. “Stormwater Fee” shall mean the service charge established under Title 13 of the Municipal Code for parcels of real property to fund the costs of stormwater management and for operating, maintaining and improving the City’s stormwater system. J. “Stormwater System” shall mean all the pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, biofiltration swales, outfalls, underground injection wells, and other items for conveying, treating, or containing stormwater and non-stormwater. K. “Stormwater Utility” shall mean the stormwater utility, created by Chapter 13.03 of the Moses Lake Municipal Code. L. “Undeveloped Property” shall mean property that is unaltered by the actions, construction, or addition to such property by man, or addition to such property by man of impervious groundcover, or physical manmade improvements, or conditions of any kind that change the hydrology of the property or its soil from its natural state, so long as stormwater runoff from said property causes no detriment to the City’s stormwater system. M. “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the Washington State Department of Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other impacts to waters of Washington State. (Refer to the Stormwater Management Manual for Eastern Washington for additional information on BMPs.) Section 2. Moses Lake Municipal Code Section 13.02.020 titled “Illicit Discharges” is amended as follows: 13.02.020 Illicit Discharges: No person shall discharge or cause to be discharged to the City’s stormwater system any illicit discharge including the following: A. Trash or debris. B. Grass clippings, leaves, or other yard wastes. C. Construction material including cement, silt, sediment, gravel, concrete, or soil. D. Petroleum products including oil, gasoline, grease, fuel oil, or heating oil. Moses Lake Council Packet 4-25-23, Page 146 of 152 E. Antifreeze or other automotive products. F. Metal in excess of naturally occurring amounts in either particulate or dissolved forms. G. Sewage H. Food waste. I. Flammable or explosive material. J. Chemicals not normally found in uncontaminated water. K. Acids or alkalis with a pH of lower than 6.0 or higher than 11. L. Paint, stains, resins, lacquers, dyes, or varnishes. M. Degreasers, detergents, drain cleaners, or solvents. N. Commercial and household cleaning products. O. Pesticides, herbicides, fertilizers, or soil amendments. P. Steam-cleaning, or pressure-washer wastes. Q. Soaps, or ammonia. R. Industrial waste water. S. Animal fecal or processing matter. T. Swimming pool cleaning wastewater and filter backwash. U. Process associated discharge except as allowed in this chapter. V. Other Hazardous wastes that are not defined above.Street and sidewalk flushing. W. Other Hazardous wastes that are not defined above. Section 3. Moses Lake Municipal Code Section 13.02.040 titled “Conditional Non-stormwater Discharges: is amended as follows: 13.02.040 Conditional Non-stormwater Discharges: The following non-stormwater discharges to the City’s stormwater system are allowed provided that the non- stormwater discharge does not exceed the capacity of the City’s stormwater system. A. Non-stormwater discharge permitted under an NPDES permit issued by the Department of Ecology. Moses Lake Council Packet 4-25-23, Page 147 of 152 B. Water from potable sources, including water main flushing, hyper-chlorinated water main flushing, fire hydrant system flushing, and water main hydrostatic test water provided that the water is dechlorinated to a concentration of 0.1 ppm or less, the pH is from 6 to 11, and the velocity is controlled to prevent resuspension of sediments. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. C. Swimming pool discharges provided that the water is dechlorinated to a concentration of 0.1 ppm or less, the pH is from 6 to 11, and the velocity is controlled to prevent resuspension of sediments. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH- adjusted, and reoxygenated if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. D. Street and sidewalk wash water from a potable supply, provided that debris from the streets and sidewalks is swept and removed prior to washing the streets. Non-stormwater discharges covered by another NPDES permit, provided, that the discharger is in full compliance with all requirements of the 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. Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 25, 2023. _____________________________________ Don Myers, Mayor ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: Moses Lake Council Packet 4-25-23, Page 148 of 152 _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: May 1, 2023 Date Effective: May 6, 2023 Moses Lake Council Packet 4-25-23, Page 149 of 152 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Allison Williams, City Manager 10566 Doug Coutts Parks, Recreation, and Cultural Services 4/25/2023 Administrative Reports Memorial Day Weekend Events City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Information for council-No action requested Moses Lake Council Packet 4-25-23, Page 150 of 152 Overview Fiscal and Policy Implications Report on planned events/happenings for the Memorial Day Weekend. Springfest · Thursday -Sunday-Events-Tuesday start set-up · Concert Fri-Montel Jordan/Tone Loc/Sun Night Vanilla Ice · Sat Parade-3 to Balsam to 4 to McCosh-Starts at approximately 7pm o Streets Department closing roads · Fun Run-Saturday Morning o MLPD Officers at key intersections · Trash pick-up-Spring Fest-Carts volunteers · 3 on 3 tournament-Tennis courts · Car show-Sat 6am-3pm-On 3 Street from Gumwood to Dogwood Museum · Farmer’s Market Booth/table-7:30-1pm · Class Saturday-9:30am-12:30pm · open on Saturday 10am-4pm Larson/Lauzier · Roller Skating-Rink-Memorial Day Weekend Schedule o Friday – Closed o Saturday – 11:30 am – 1pm & 1:30 - 3 pm o Sunday - 1:30 - 3 pm · Adult Softball Tournament-24 teams Larson and Lauzier o Schedule of games 1 week prior o Parking M Side encouraged o School Parking o Schedule to Paula for concessions-Larson & Lauzier · BMX-1,400 people-Sat/Sun all day o Organization Special Event application required-Jeff working on § Items to be addressed · Parking · Porta Potties · Outside bathrooms only-provided they are responsible for cleaning Surf N Slide · Friday night soft open-5-8 · Sat/Sun/Mon 11am-6:30pm rd th rd None Options and Results Moses Lake Council Packet 4-25-23, Page 151 of 152 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: No action requested Staff will bring back options for recommended changes. Fun will be had by a lot of Moses Lake residents and visitors Moses Lake Council Packet 4-25-23, Page 152 of 152