HomeMy WebLinkAbout10/02/2018 12 Stormwater Illicit Discharge Informal Compliance Actions; YMC Addition 7.85.095 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: October 2, 2018
ITEM TITLE: Ordinance adding Section 7.85.095 Informal Compliance Actions
to the Yakima Municipal Code Chapter 7.85 Stormwater Illicit
Discharge
SUBMITTED BY: Scott Schafer, Director of Public Works
Mike Price, Wastewater/Stormwater Division Manager 249-6815
SUMMARY EXPLANATION:
The City of Yakima (City) is regulated by the Department of Ecology for stormwater management
in accordance with its issued Eastern Washington Phase I I Municipal Stormwater National
Pollutant Discharge Elimination System General Permit#WAR046013.
The City of Yakima's Stormwater Division is requesting the addition of Section 7.85.095 to
Yakima Municipal Code (YMC) Chapter 7.85; allowing the City to utilize informal compliance
actions in circumstances where education and technical assistance is deemed to be a proper
enforcement tool against a violator of the stormwater illicit discharge rules and regulations.
Codifying Section 7.85.095 into the YMC completes an important compliance requirement of the
City's permit with the Department of Ecology.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: NA
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Pass Ordinance
BOARD/COMMITTEE RECOMMENDATION:
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ATTACHMENTS:
Description Upload Date Type
D Ordinance YMC 7.85.095 8/27/2018 Ordinance
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ORDINANCE NO. 2018-
AN ORDINANCE adding Section 7.85.095 Informal Compliance Actions to the Yakima
Municipal Code, Chapter 7.85 Stormwater Illicit Discharge
WHEREAS, chapter 7.85 of the Yakima Municipal Code addresses illicit discharges into
the City of Yakima stormwater system; and
WHEREAS, the chapter addresses how violations of the chapter may be addressed,
consistent with other laws, including penalties, consent orders and suspensions; and
WHEREAS, the City of Yakima's federal NPDES discharge permit requires that the City
implement a compliance strategy for illicit discharge that includes informal compliance actions
such as public education and technical assistance as well as other penalties; and
WHEREAS, there currently is no process to provide for informal compliance action in
cases where it is most appropriate to provide education and technical assistance to address
violations; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the
City and its residents to provide an informal compliance action section to the code to be used in
circumstances where education and technical assistance is deemed to be a proper enforcement
tool against a violator of the code; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 7.85.095 Informal Compliance Actions is added to the City of Yakima
Municipal Code is hereby amended to read as follows:
7.85.095 Informal Compliance Actions.
Notwithstanding any other section of this chapter, the wastewater manager may implement a
compliance strategy towards violators that includes informal compliance actions such as public
education and/or technical assistance, as well as other penalties. Technical assistance for
source control best management practices shall be found in Volume IV of the 2004 Stormwater
Management Manual for Eastern Washington or another technical stormwater manual approved
by the Washington State Department of Ecology.
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of , 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
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Publication Date:
Effective Date:
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