S5.C.8 Source Control Program for Existing Development
There are no specific deadlines or actions required for continued compliance with section S5.C.8 for reporting year 2024
"The source control program includes inspection of pollutant generating sources at commercial, industrial and any properties suspected of being potential pollutant generating sources based on field observations or complaints".
Summary of Program Component and Permit Compliance Measures
Inspections of pollutant generating sources are required for all sites that are potential pollutant sources, including most commercial and industrial properties. Sites owned by the City will also be inspected. The Permit requires compliance with the source control sections of the SWMM.
Implementation of Operational and Structural Source Control BMPs and Treatment BMPs on Existing Sites (S5.C.8.a.i.)
ES/Environmental Compliance staff notifies industries and businesses of BMP requirements during standard business inspections of targeted industrial users and activities, when responding to spill complaints, and at sites discovered during the City’s illicit discharge screening process. The SCP references the SWMM for operational BMP standards. The SCP includes inspection, education and enforcement procedures. During the development permitting approval process, the SDG reviews site activities and ensures that appropriate controls will be installed and utilized on new development and redevelopment sites.
The SWMM, Volume 6 provides source control BMP guidance for all new and existing businesses, commercial sites, and government agencies within Tacoma.
Inspection of Pollutant Generating Sources (S5.C.8.a.ii.)
The Business Source Control Program includes inspection of pollutant generating sources at commercial, industrial and other properties suspected of being potential pollutant generating sources based on field observations or complaints. Environmental Compliance Inspectors enforce the implementation of required BMPs to control pollution from discharging into municipal separate storm sewers owned or operated by the City.
The City began conducting stormwater business inspections prior to 1984 as part of its delegated responsibility to implement Ecology’s NPDES sanitary sewer pretreatment program.
Application and Enforcement of Local Ordinances at Sites Including Sites that are covered by Other NPDES Permits Issued by Ecology (S5.C.8.a.iii.)
Chapter 12.08A and D of the TMC outlines stormwater management regulations and provides a mechanism to take enforcement actions for any code violations. Enforcement actions are based on a process outlined in the City’s Stormwater Compliance Policy. Environmental Compliance Inspectors respond to all spills and complaints including sites covered by Ecology’s stormwater permits. The City has the authority to apply local ordinances to sites covered by Ecology’s NPDES Construction General Permit and NPDES Industrial Stormwater General Permit through TMC 12.08D.110, which states that Chapter 12.08D applies to all direct and indirect users of the municipal stormwater system and all discharges into receiving waters within the city.
In cases where Ecology has direct authority, such as at NPDES-permitted industrial facilities, certain underground injection control (infiltration) systems, or sites requiring a waste discharge permit, the City consults with Ecology to determine the most effective level of enforcement.
Practices to Reduce Pollutants Associated with Pesticides, Herbicides and Fertilizers (S5.C.8.a.iv.)
Education about reduction of pesticide, herbicide and fertilizer use is provided by City Environmental Compliance Inspectors, EnviroChallenger outreach, at the City’s EnviroHouse green building demonstration site, and through communication tools such as the EnviroTalk newsletter and utility bill inserts (see Section S5.C.11 Education and Outreach Program). The City ensures that all City staff responsible for the use of pesticides, herbicides and fertilizers are adequately trained and licensed as appropriate.
Enforce Ordinances Requiring Source Control BMPs for Existing Land Uses and Activities (S5.C.8.b.i.)
The City’s ordinances and enforcement documents are adequate to enforce the permit requirements. No changes were needed to meet the August 1, 2021, deadline.
The City has an established Business Source Control Program implemented by ES/Environmental Compliance Section to meet this requirement. Business owners and operators are informed of operational source control BMPs during regular business inspections and responses to spill complaints. The City provides informational source control materials as necessary and will follow with appropriate enforcement per the City's Stormwater Compliance Policy. Additionally, all City-owned facilities and properties that have been identified as potential pollutant generating sites are being comprehensively inspected and if necessary, appropriate enforcement per the City's Stormwater Compliance Policy is undertaken to address deficiencies in stormwater and wastewater BMPs. This effort is ongoing and will require continued coordination among City departments (See Departmental Compliance and Coordination Plans).
Maintain an Inventory of Potential Pollutant Generating Sites (S5.C.8.b.ii.)
As of 2023, the inventory list of potential stormwater pollutant generating sites is 1,693 potential stormwater pollutant generating sites. City Inspectors regularly review new businesses to verify if they should be added to the list. Additionally, Tacoma’s annual business license renewal forms and tax and license applications are reviewed to identify potential pollutant generating sites.
Potential pollutant generating sites include:
Commercial, industrial and governmental sites with specific business practices that may impact stormwater quality;
Mobile or home-based businesses with specific business practices that may impact stormwater quality; and
Any site or facility identified through field observations or complaints as a potential pollutant generating source.
In addition to the planned source control inspections, all pollution complaint responses (inspections, spill response, complaints, sanitary sewer overflows) are investigated promptly, coordinating with other agencies as appropriate. These complaints are documented in the Environmental Compliance Section database. The database information is reviewed prior to conducting an inspection. ES/Environmental Compliance Section staff also review all new and renewed home occupational business licenses. ES/Environmental Compliance Section Inspectors survey their entire assigned areas on a regular basis to identify new potential pollutant generating sources or unusual activity that might require a source control response.
Inspect Businesses for Compliance with Source Control Requirements (S5.C.8.b.iii.)
The ES/Environmental Compliance Section provides information on BMPs and program literature directly to businesses during site visits. Environmental Compliance Inspectors educate the general public and businesses on BMPs and City environmental programs. Direct mailings may be used to target specific business practices.
Investigation and enforcement occur in response to all credible water quality complaints. ES/Environmental Compliance Section has adopted an inspection strategy that prioritizes sites with higher potential for sources of stormwater pollution. The inspectors inspect a minimum of 20 percent of the required sites annually (including follow-up compliance inspections) to ensure BMP effectiveness and compliance with source control requirements.
The ES/Environmental Compliance Section uses a custom database for tracking spills, complaints, business inspections and flooding claims. Regular updates and refinements have been made to facilitate data management for tracking inspections.
Implement Progressive Enforcement Policy and Documentation (S5.C.8.b.iv.)
Chapter 12.08D of the Tacoma Municipal Code (TMC) outlines stormwater management regulations and provides a mechanism to take enforcement actions for any code violations. Enforcement actions are based on a process outlined in the City’s Stormwater Compliance Policy that was updated in 2022. Enforcement procedures may include field inspection reports, phone calls, letters, follow-up inspections, warning letters, Notices of Violation, and civil penalties.
The Environmental Compliance Inspectors contact Ecology as standard operating procedure for all source control violations that present a threat to human health or the environment. In addition, ES/Environmental Compliance Section requests assistance from Ecology with non-responsive enforcement cases to facilitate prompt compliance. The Environmental Compliance Section may also refer violations in the South Tacoma Groundwater Protection District to the Tacoma Pierce County Health Department (TPCHD) for follow up or work cooperatively with TPCHD for resolutions as appropriate.
The City documents all inspection and enforcement activities in the ES/Environmental Compliance Section inspection database and business inspection files.
Training Program for Source Control Staff (S5.C.8.b.v.)
ES/Environmental Compliance Section has developed a training program for all of their inspectors that include regularly scheduled follow-up training. The training will facilitate uniform enforcement of the applicable source control requirements listed in Chapter 12.08D of the TMC and the SWMM. Training topics include legal authority, proper use and application of source control BMPs, lessons learned and typical cases, inspection procedures and the enforcement process. The training program will be documented through training sign in sheets.