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3023 MLMC 13 AmendmentORDINANCE 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. Document Ref: JW6VG-DAD4E-HF5DN-NCYFT Page 1 of 5 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. Document Ref: JW6VG-DAD4E-HF5DN-NCYFT Page 2 of 5 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. Document Ref: JW6VG-DAD4E-HF5DN-NCYFT Page 3 of 5 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: Document Ref: JW6VG-DAD4E-HF5DN-NCYFT Page 4 of 5 _______________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: May 1, 2023 Date Effective: May 6, 2023 Aye Aye Aye Aye Aye Aye Aye Document Ref: JW6VG-DAD4E-HF5DN-NCYFT Page 5 of 5 Signature Certificate Reference number: JW6VG-DAD4E-HF5DN-NCYFT Document completed by all parties on: 01 May 2023 15:39:14 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:26 Apr 2023 21:48:29 UTC Viewed:26 Apr 2023 23:33:17 UTC Signed:26 Apr 2023 23:33:25 UTC ✔Email verified 26 Apr 2023 23:33:17 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:26 Apr 2023 21:48:29 UTC Viewed:27 Apr 2023 01:08:14 UTC Signed:27 Apr 2023 01:08:40 UTC ✔Email verified 27 Apr 2023 01:08:14 UTC IP address: 166.198.252.136 Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:26 Apr 2023 21:48:29 UTC Viewed:01 May 2023 15:39:04 UTC Signed:01 May 2023 15:39:14 UTC ✔Email verified 01 May 2023 15:39:04 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide.