S5.C.1 Legal

There are no specific deadlines or actions required for continued compliance with section S5.C.1 for reporting year 2024

"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".

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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).

Tacoma Municipal Code Title 12.08

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.

Revised Code of Washington (RCW)

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