Embedded Files
There are no specific deadlines or actions required for continued compliance with section S5.C.1 for reporting year 2023
"The City must have the legal authority to control discharges to and from the municipal storm sewers owned by the City. Chapter 12.08 of the Tacoma Municipal Code (TMC) provides this authority".
"The City must have the legal authority to control discharges to and from the municipal storm sewers owned by the City. Chapter 12.08 of the Tacoma Municipal Code (TMC) provides this authority".
Summary of Program Component
Summary of Program Component
The City’s legal authority to control discharges to and from our municipal stormwater system is found in state law and the Tacoma Municipal Code (TMC). The state statutes provide the City legal authority to create, and then regulate and manage its municipal stormwater system.[1] The City also has legal authority to regulate and enforce the stormwater management-related requirements found in Chapters 12.08A and 12.08D of the TMC. The City has completed a code separation and clarification project to help make our utility code more user friendly. The past TMC 12.08 included regulations for stormwater, wastewater and industrial wastewater pretreatment in one section. The new code has been separated into four sections:
TMC 12.08A: General Administration
TMC 12.08B: Wastewater
TMC 12.08C: Industrial Pretreatment Program
TMC 12.08D: Stormwater Management Program
The new code sections TMC 12.08A and 12.08D are the regulatory authority for the City’s Stormwater Program.
[1] See, RCW 35.67.020(1), RCW 35.21.210, and RCW 35.92.020(1).
Authority to Control Industrial Discharges, Prohibit Illicit Discharges, and Control Spills or Disposal of Materials other than Stormwater into the MS4 (S5.C.1.b.i, ii, iii.)
TMC 12.08A.100
Authorizes the City’s stormwater management staff to review land use and development permits and impose BMPs to manage stormwater impacts.
TMC12.08D.100
Authorizes the City to regulate all direct and indirect discharges to the MS4.
TMC12.08D.110 and 12.08D.180.E
Prohibits illicit discharges to the MS4.
TMC 12.08D.110
Outlines allowable, conditional and prohibited discharges into the City’s municipal stormwater system
TMC 12.08D.110.E and F
Prohibits illicit discharges.
TMC 12.08D.120
Requires responsible parties to notify the City when a spill, release, or illicit discharge occurs that contributes, or is likely to contribute pollutants to the City’s MS4.
TMC 12.08D.150
Outlines the City’s Stormwater Program Requirements
TMC .12.08D.150.C
Requires all property owners and businesses engaged in pollution generating activities, including industrial facilities to implement and maintain operational BMPs.
TMC 12.08D.150.C.4
Authorizes the City to enforce spill prevention requirements
TMC 12.08D.400.A
Authorizes the City to pursue an enforcement response against any person who violates Chapter 12.08D of the TMC.
TMC 12.08D.400.D.
Includes illicit connections and discharging stormwater contaminated with any of the substances prohibited under TMC 12.08D.110 as violations of the Tacoma Municipal Code
TMC 12.08D.420
Makes connection or maintenance of connections to the municipal stormwater system or any stormwater BMP/facility that is connected directly or indirectly to the municipal stormwater system without written authorization of the City a misdemeanor
Ability to Control Inter-System Discharges Under Agreements with Other Permittees (S5.C.1.b.iv.)
RCW 35.67.300
Authorizes the City to enter into joint agreements with other cities, towns or water districts to connect to and be served by the MS4.
RCW 35.67.310
Authorizes the City to allow persons outside the city limits to connect to and be served by the MS4. Authorizations for connections require compliance with Chapters 12.08A and 12.08D of the TMC stormwater-related requirements.
TMC 12.08A.110.B
Authorizes the City to enter joint agreements with other cities, towns or water districts to connect to and be served by the MS4.
Require Compliance with City Regulations and Conduct Enforcement Actions (S5.C.1.b.v, vi.)
TMC 12.08D.020.B
Places responsibility for compliance with stormwater codes on the responsible persons as defined in TMC 1.82.010
TMC 12.08D.100
Authorizes the City to regulate direct and indirect discharges to receiving waters and the MS4.
TMC12.08D.150
Authorizes the City to implement a comprehensive SWMP to control and regulate discharges to its MS4 and receiving waters.
TMC12.08D.150.F.2
Authorizes the City to conduct compliance inspections.
TMC .12.08D.300
Provides right-of-entry authority to the City.
TMC 12.08D ENFORCEMENT REMEDIES
Establishes enforcement procedures for Chapter 12.08D of the TMC.
TMC 12.08D.400.A
Authorizes the City to enforce violations of Chapters 12.08A and 12.08D of the TMC.
TMC 12.08D.400.B
Outlines monetary penalties for violations of Chapters 12.08A and 12.08D of the TMC.
TMC 12.08D.400.C
Makes compliance to Chapter 12.08D mandatory
TMC 12.08D.400.D
Outlines certain examples of violations of TMC 12.08D.
TMC 12.08D.400.E
Makes falsely making, completing or altering a written instruction required to be submitted pursuant to TMC 12.08D a gross misdemeanor
TMC 12.08D.400.F
Requires responsible persons to pay supplemental charges incurred by the City in response to violations
TMC 12.08D.400.G
Authorizes the Environmental Services Stormwater Compliance Policy
TMC 12.08D.400.H
Makes violation of TMC 12.08D or any permit, order, control mechanism or other written authorization or directive issued by the City a gross misdemeanor
TMC 12.08D.400.I
Outlines that enforcement actions beyond those outlined in TMC 12.08D may also be pursued by the City
TMC 12.08D.410
Authorizes the City to suspend service or discharge to the municipal stormwater system and provides the guidelines for suspension of service
TMC 12.08D.420
Makes connection or maintenance of connections to the municipal stormwater system or any stormwater BMP/facility that is connected directly or indirectly to the municipal stormwater system without written authorization of the City a misdemeanor
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