HomeMy WebLinkAbout2023.09.25 Council Workshop Packet
AGENDA
City Council Workshop Meeting
7:00 PM - Monday, September 25, 2023
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council
Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum
Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive
and on the City’s Facebook page at www.facebook.com/cityofPasco.
To listen to the meeting via phone, call (415) 655-0060 and use access code
307-404-066.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. VERBAL REPORTS FROM COUNCILMEMBERS
5. ITEMS FOR DISCUSSION
3 - 101 (a) Update – Eastern WA Phase II Municipal Stormwater Permit
Reissuance
Presented by Michael Henao, Compliance Coordinator
102 - 203 (b) Resolution - Basin Disposal Inc. 2024 Proposed Rate Increase
204 - 206 (c) Planning for Housing and Transportation
6. MISCELLANEOUS COUNCIL DISCUSSION
7. EXECUTIVE SESSION
(a) Discuss the qualifications of an applicant/candidate for
appointment to elective office per RCW 42.30.110(1)(h) (10
minutes)
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8. ADJOURNMENT
9. ADDITIONAL NOTES
207 - 208 (a) Adopted 2020-2021 Council Goals (Reference Only)
(b) REMINDERS
• Monday, SEPTEMBER 25, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
• Tuesday, SEPTEMBER 26, 5:00 PM: HAPO Center (TRAC)
Advisory Board Meeting – HAPO Center
(COUNCILMEMBER JOSEPH CAMPOS and MAYOR PRO
TEM CRAIG MALONEY)
• Thursday, SEPTEMBER 28, 4:00 PM: TRIDEC Board
Meeting – 7130 W. Grandridge Blvd., Kennewick
(COUNCILMEMBER IRVING BROWN, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Thursday, SEPTEMBER 28, 5:30 PM: Benton Franklin
Community Action Connections Board Meeting – 720 Court
Street, Pasco (COUNCILMEMBER ZAHRA ROACH, Rep.;
COUNCILMEMBER PETE SERRANO, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
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AGENDA REPORT
FOR: City Council September 18, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 9/25/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Update – Eastern WA Phase II Municipal Stormwater Permit Reissuance
I. REFERENCE(S):
Formal Draft - Eastern Washington Phase II Municipal Stormwater Permit
Presentation
Memo
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
No Impact.
IV. HISTORY AND FACTS BRIEF:
At the Council Regular meeting held on January 23, 2023, Council requested an
update on the upcoming Eastern Washington Stormwater Municipal Permit
Status. Please see the attached Memo for more details.
V. DISCUSSION:
Michael Henao, Environmental Compliance Coordinator will be giving Council
an update presentation.
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Eastern Washington Phase II Municipal Page 1 of 86
Stormwater Permit – August 1, 2024
Issuance Date: July 1, 2024
Effective Date: August 1, 2024
Expiration Date: July 31, 2029
DRAFT EASTERN WASHINGTON PHASE II
MUNICIPAL
STORMWATER PERMIT
National Pollutant Discharge Elimination System and
State Waste Discharge General Permit for Discharges
from Small Municipal Separate Storm Sewer Systems
in Eastern Washington
State of Washington
Department of Ecology
Olympia, WA 98504-7600
In compliance with the provisions of
The State of Washington Water Pollution Control Law
Chapter 90.48 Revised Code of Washington
and
The Federal Water Pollution Control Act
(The Clean Water Act)
Title 33 United States Code, Section 1251 et seq.
Until this Permit expires, is modified, or revoked, Permittees that have properly obtained
coverage under this Permit are authorized to discharge to waters of the State in
accordance with the special and general conditions which follow.
__________________________________________
Vincent McGowan, PE
Water Quality Program Manager
Department of Ecology
DRAFT
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Eastern Washington Phase II Municipal Page 2 of 86
Stormwater Permit – August 1, 2024
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TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................... 3
LIST OF APPENDICES ........................................................................................................................... 5
ADA ACCESSIBILITY ............................................................................................................................. 6
SPECIAL CONDITIONS ......................................................................................................................... 7
S1. PERMIT COVERAGE AND PERMITTEES .............................................................................. 7
A.Geographic Area of Permit Coverage ........................................................................... 7
B.Regulated Small Municipal Separate Storm Sewer Systems (MS4s) ............................ 7
C.Permit Waivers .............................................................................................................. 9
D.Obtaining Coverage under this Permit ....................................................................... 10
S2. AUTHORIZED DISCHARGES .............................................................................................. 13
A.Stormwater Discharges ............................................................................................... 13
B.Non-Stormwater Discharges ....................................................................................... 13
C.Responsibilities and Liabilities ..................................................................................... 14
D.Compliance with State and Local Authorizations ....................................................... 14
E.Indian Country ............................................................................................................. 14
S3. RESPONSIBILITIES OF PERMITTEES .................................................................................. 16
A.Compliance with Conditions ....................................................................................... 16
B.Reliance on Another Entity ......................................................................................... 16
S4. COMPLIANCE WITH STANDARDS .................................................................................... 17
A.Prohibition of Discharge of Toxicants ......................................................................... 17
B.Compliance with Standards......................................................................................... 17
C.MEP Standard .............................................................................................................. 17
D.AKART Standard ........................................................................................................... 17
E.Responsibilities of Permittees ..................................................................................... 17
F.Violations of Water Quality Standards and Adaptive Management .......................... 17
G.Revoke and Reissue Permit ......................................................................................... 20
S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND COUNTIES ........... 21
A.Stormwater Management Program General Requirements ...................................... 21
B.Stormwater Management Program Components ...................................................... 24
DRAFT
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Eastern Washington Phase II Municipal Page 4 of 86
Stormwater Permit – August 1, 2024
Public Education and Outreach ............................................................................. 24
Public Involvement and Participation ................................................................... 26
Illicit Discharge Detection and Elimination ........................................................... 27
Construction Site Stormwater Runoff Control...................................................... 33
Post-Construction Stormwater Management for New
Development and Redevelopment ....................................................................... 37
Municipal Operations and Maintenance .............................................................. 42
S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES ..................... 51
A.Secondary Permittee Coverage ................................................................................... 51
B.Coordination ................................................................................................................ 52
C.Legal Authority ............................................................................................................ 52
D.Stormwater Management Program for Secondary Permittees ................................. 52
Public Education and Outreach ............................................................................. 52
Public Involvement and Participation ................................................................... 53
Illicit Discharge Detection and Elimination ........................................................... 53
Construction Site Stormwater Runoff Control...................................................... 56
Post-Construction Stormwater Management for New
Development and Redevelopment ....................................................................... 57
Pollution Prevention and Good Housekeeping for Municipal
Operations ............................................................................................................. 57
S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS ............................. 61
A.TMDL Specific Requirements ...................................................................................... 61
S8. MONITORING AND ASSESSMENT .................................................................................... 62
A.Tree Canopy Assessment ............................................................................................ 62
B.Stormwater Management Program (SWMP) Effectiveness and Source Identification
Studies 62
C.Regional SWMP Effectiveness Study ........................................................................... 63
D.Payments into the Stormwater Action Monitoring Collective Fund .......................... 64
E.Stormwater Discharge Monitoring ............................................................................. 65
S9. REPORTING & RECORDKEEPING REQUIREMENTS ........................................................... 66
A.Annual Report Submittal ............................................................................................. 66
B.Records Retention ....................................................................................................... 66
DRAFT
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Stormwater Permit – August 1, 2024
C.Records Available to the Public ................................................................................... 66
D.Annual Report for Cities, Towns, and Counties .......................................................... 66
E.Annual Report for Secondary Permittees ................................................................... 67
GENERAL CONDITIONS ..................................................................................................................... 68
A.Representative Sampling ............................................................................................. 70
B.Records Retention ....................................................................................................... 70
C.Recording of Results .................................................................................................... 70
D.Test Procedures ........................................................................................................... 70
E.Flow Measurement ..................................................................................................... 70
F.Lab Accreditation ......................................................................................................... 71
G.Additional Monitoring ................................................................................................. 71
DEFINITIONS AND ACRONYMS ......................................................................................................... 77
LIST OF APPENDICES
APPENDIX 1 Minimum Technical Requirements for Stormwater Management at New
Development and Redevelopment Sites
APPENDIX 2 Total Maximum Daily Load Requirements
APPENDIX 3 Annual Report Questions for Cities, Towns and Counties
APPENDIX 4 Annual Report Questions for Secondary Permittees
APPENDIX 5 Annual Report Questions for New Permittees
APPENDIX 6 Street Waste Disposal
APPENDIX 7 IDDE Reporting Data and Format
APPENDIX 8 Annual Contribution Amounts for Regional Monitoring to Stormwater Action
Monitoring Collective Funds
APPENDIX 9 Stormwater Discharge Monitoring
APPENDIX 10
DRAFT
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Stormwater Permit – August 1, 2024
ADA ACCESSIBILITY
The Department of Ecology is committed to providing people with disabilities access to
information and services by meeting or exceeding the requirements of the Americans with
Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State
Policy #188.
To request ADA Accommodation, contact Water Quality Reception at 360-407-6600. For
Washington Relay Service or TTY call 711 or 877-833-6341. Visit Ecology’s accessibility
webpage 1 for more information.
For document translation services, call Water Quality Reception at 360-407-6600. Por
publicaciones en espanol, por favor llame Water Quality Reception al 360-407-6600.
1 https://ecology.wa.gov/About-us/Accessibility-equity/Accessibility/
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S1.A Geographic Area of Permit Coverage
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Stormwater Permit – August 1, 2024
SPECIAL CONDITIONS
S1. PERMIT COVERAGE AND PERMITTEES
A.Geographic Area of Permit Coverage
This Permit is applicable to owners or operators of regulated small Municipal
Separate Storm Sewer Systems (MS4s) located in eastern Washington State, which is
bounded on the western side by the Cascade Mountains crest except in Yakima and
Klickitat counties which are, in their entireties, included.
1.For all Cities required to obtain coverage under this Permit, the geographic area
of coverage is the entire incorporated area of the City.
2.For all Counties required to obtain coverage under this Permit, the geographic
area of coverage is the urban areas and the unincorporated urban growth areas
associated with permitted Cities within the urban areas that are under the
jurisdictional control of the County. The geographic area of coverage also
includes any urban growth areas that are contiguous to permitted urban areas
that are under the jurisdictional control of the County.
3.For Secondary Permittees required to obtain coverage under this Permit, the
minimum geographic area of coverage includes all areas identified under
Sections S1.A.1 and S1.A.2, above. At the time of permit coverage, Ecology may
establish a geographic area of coverage specific to an individual Secondary
Permittee.
4.All regulated small MS4s owned or operated by the Permittees named in
Sections S1.D.2.a.(i) and (ii) and located in another city or county area requiring
coverage under either this Permit, or the Western Washington Phase II
Municipal Stormwater Permit or the Phase I Municipal Stormwater Permit, are
also covered under this Permit.
B.Regulated Small Municipal Separate Storm Sewer Systems (MS4s)
All operators of regulated small MS4s are required to apply for and obtain coverage
under this Permit or be permitted under a separate individual or general permit,
unless waived or exempted in accordance with Section S1.C.
DRAFT
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S1.B Regulated Small Municipal Separate Storm Sewer Systems (MS4s)
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Stormwater Permit – August 1, 2024
1.A regulated small MS4:
2.All other operators of MS4s, including special purpose districts which meet the
criteria for a regulated small MS4, shall obtain coverage under this Permit.
Other operators of MS4s may include, but are not limited to: flood control, or
diking and drainage districts; schools, including universities; and correctional
facilities which own or operate a small MS4 serving non-agricultural land uses.
3.Any other operators of small MS4s may be required by Ecology to obtain
coverage under this Permit or an alternative NPDES permit if Ecology determines
the small MS4 is a significant source of pollution to surface waters of the State.
Notification of Ecology’s determination that permit coverage is required will be
through the issuance of an Administrative Order issued in accordance with
Chapter 90.48 RCW.
4.The owner or operator of a regulated small MS4 may obtain coverage under this
Permit as a Permittee, Co-Permittee, or Secondary Permittee, as defined in
Section S1.D.1 below.
5.Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology to
require that additional MS4s obtain coverage under this Permit. The process for
petitioning Ecology is:
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S1.C Permit Waivers
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Stormwater Permit – August 1, 2024
The geographic area of permit coverage for the MS4;
Any modified dates or deadlines for developing and implementing this
Permit, as appropriate to the MS4, and for submitting their first Annual
Report; and
A deadline for the MS4 to submit a complete Notice of Intent (NOI, see
Ecology’s website) to Ecology.
C.Permit Waivers
Owners and operators of an otherwise regulated small MS4 are not required to
obtain coverage under this Permit if:
1.The small MS4 is operated by:
Or
2.The portions of the small MS4 located within the census-defined urban area(s)
serve a total population of less than 1,000 people and a, b, and c below all apply:
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S1.D Obtaining Coverage under this Permit
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Stormwater Permit – August 1, 2024
•For publicly operated school complexes, including universities and
colleges, the total population served would include the sum of the
average annual student enrollment plus staff.
•For flood control, diking, and drainage districts, the total population
served would include residential population and any non-residents
regularly employed in the areas served by the small MS4.
D.Obtaining Coverage under this Permit
All operators of regulated small MS4s are required to apply for and obtain coverage
in accordance with this Section, unless waived or exempted, in accordance with
Section S1.C.
1.Unless otherwise noted, the term “Permittee” includes a city, town, or county
Permittee, New Permittee, Co-Permittee, Secondary Permittee, and New
Secondary Permittee, as defined below:DRAFT
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S1.D Obtaining Coverage under this Permit
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Stormwater Permit – August 1, 2024
2.Operators of regulated small MS4s have submitted or shall submit an application
to Ecology by either the Notice of Intent (NOI) for Coverage under National
Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General
Permit or the Duty to Reapply – NOI provided on Ecology’s website.
Cities and Towns: Asotin, Clarkston, College Place, East Wenatchee,
Ellensburg, Kennewick, Moses Lake, Pasco, Pullman, Richland, Selah,
Spokane, Spokane Valley, Sunnyside, Union Gap, Walla Walla,
Wenatchee, West Richland, and Yakima
Counties: Asotin County, Chelan County, Douglas County, Spokane
County, Walla Walla County, and Yakima County
Secondary Permittees: Central Washington University; Chelan PUD #1;
Port of Benton; Selah School District #119; Sunnyside Valley Irrigation
District; Washington State University Pullman; Washington State
University Spokane; Washington State University Tri-Cities; Wenatchee
Valley College; Washington Department of Corrections: Larch Corrections
Center, Monroe Correctional Complex, Washington Corrections Center
for Women, and Washington State Penitentiary; and Yakima Valley
College
Operators of regulated small MS4s listed in Section S1.D.2.a do not need
to submit a new application to be covered under this Permit.
DRAFT
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S1.D Obtaining Coverage under this Permit
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Stormwater Permit – August 1, 2024
3.Application Requirements
DRAFT
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S2.A Stormwater Discharges
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S2. AUTHORIZED DISCHARGES
A.Stormwater Discharges
This Permit authorizes the discharge of stormwater to surface waters and to
groundwaters of the State from MS4s owned or operated by each Permittee
covered under this Permit, in the geographic area covered pursuant to Section S1.A.
These discharges are subject to the following limitations:
1.Discharges to groundwaters of the State through facilities regulated under the
Underground Injection Control (UIC) program, Chapter 173-218 WAC, are not
authorized under this Permit.
2.Discharges to groundwaters not subject to regulation under the Federal Clean
Water Act are authorized in this Permit only under state authorities, Chapter
90.48 RCW, the Water Pollution Control Act.
B.Non-Stormwater Discharges
This Permit authorizes discharges of non-stormwater flows to surface waters and to
groundwaters of the State from MS4s owned or operated by each Permittee
covered under this Permit, in the geographic area covered pursuant to Section S1.A,
only under the following conditions:
1.The discharge is authorized by a separate NPDES permit or State Waste
Discharge permit.
2.The discharge is from emergency firefighting activities and does not involve
PFAS-containing aqueous film-forming foams (AFFFs). After the emergency has
ceased, non-stormwater discharges (e.g., discharges associated with cleanup) to
the MS4 are prohibited. Determination of cessation of the emergency is at the
discretion of the emergency on-scene coordinator.
3.The discharge is from emergency firefighting activities and involves PFAS-
containing AFFFs, the following conditions apply:
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S2.C Responsibilities and Liabilities
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Stormwater Permit – August 1, 2024
4.The discharge is from another illicit or non-stormwater discharge that is
managed by the Permittee, as provided in Sections S5.B.3 or S6.D.3.
These discharges are also subject to the limitations in Sections S2.A.1 and S.2.A.2
above.
C.Responsibilities and Liabilities
This Permit does not relieve entities that cause illicit discharges, including spills of oil
or hazardous substances, from responsibilities and liabilities under state and federal
laws and regulations pertaining to those discharges.
D.Compliance with State and Local Authorizations
Discharges from MS4s constructed after the effective date of this Permit shall
receive all applicable state and local permits and use authorizations including
compliance with Chapter 43.21C RCW (the State Environmental Policy Act).
E.Indian Country
This Permit does not authorize discharges of stormwater to waters within Indian
Country, as defined in 18 U.S.C. §1151, or to waters subject to water quality
standards of Indian Tribes, including portions of the Puyallup River and other waters
on trust or restricted lands within the 1873 Survey Area of the Puyallup Tribe of
Indians Reservation, except where authority has been specifically delegated to
Ecology by the U.S. Environmental Protection Agency. The exclusion of such
discharges from this Permit does not waive any rights the State may have with
respect to the regulation of the discharges. Indian Country includes:
1.All land within any Indian Reservation notwithstanding the issuance of any
patent, and including rights-of-way running through the reservation. This
includes all federal, tribal, and Indian and non-Indian privately owned land within
the reservation.
2.All off-reservation Indian allotments, the Indian titles to which have not been
extinguished, including rights-of-way running through the same.
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S2.E Indian Country
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Stormwater Permit – August 1, 2024
3.All off-reservation federal trust lands held for Native American Tribes. Puyallup
Exception: Following the “Puyallup Tribes of Indians Land Settlement Act of
1989,” 25 USC §1773; the Permit does apply to land within the Puyallup
Reservation except for discharges to surface water on land held in trust by the
federal government.
DRAFT
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S3.A Compliance with Conditions
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Stormwater Permit – August 1, 2024
S3. RESPONSIBILITIES OF PERMITTEES
A.Compliance with Conditions
Each Permittee covered under this Permit is responsible for compliance with the
terms of this Permit for the regulated small MS4s which they operate. Compliance
with (1) or (2) below is required as applicable to each Permittee, whether the
Permittee has applied for coverage as a Permittee, a Co-Permittee, or a Secondary
Permittee.
1.All city, town, and county Permittees are required to comply with all conditions
of this Permit including any appendices referenced therein, except for Section S6
–Stormwater Management Program for Secondary Permittees.
2.All Secondary Permittees are required to comply with all conditions of this
Permit including any appendices referenced therein, except for Sections S5 –
Stormwater Management Program for Cities, Towns, and Counties and S8 –
Monitoring and Assessment.
B.Reliance on Another Entity
Permittees may rely on another entity to satisfy one or more of the requirements of
this Permit. Permittees that are relying on another entity to satisfy one or more of
their permit obligations remain responsible for permit compliance if the other entity
fails to implement the permit conditions. Permittees may rely on another entity
provided all of the requirements of 40 CFR 122.35(a) are satisfied including, but not
limited to:
1.The other entity, in fact, implements the permit requirements.
2.The other entity agrees to take on responsibility for implementation of the
permit requirement(s) on the Permittee’s behalf. This shall be indicated in the
NOI or Annual Report.
DRAFT
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S4.A Prohibition of Discharge of Toxicants
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Stormwater Permit – August 1, 2024
S4. COMPLIANCE WITH STANDARDS
A.Prohibition of Discharge of Toxicants
In accordance with RCW 90.48.520, the discharge of toxicants to waters of the State
of Washington which would violate any water quality standard, including toxicant
standards, sediment criteria, and dilution zone criteria, is prohibited. The required
response to such discharges is defined in Section S4.F below.
B.Compliance with Standards
This Permit does not authorize a discharge which would be a violation of
Washington State Surface Water Quality Standards (Chapter 173-201A WAC),
Groundwater Quality Standards (Chapter 173-200 WAC), Sediment Management
Standards (Chapter 173-204 WAC), or human health-based criteria in the national
Toxics Rule (40 CFR 131.45). The required response to such discharges is defined in
Section S4.F below.
C.MEP Standard
The Permittee shall reduce the discharge of pollutants to the Maximum Extent
Practicable (MEP).
D.AKART Standard
The Permittee shall use All Known, Available, and Reasonable methods of
prevention, control, and Treatment (AKART) to prevent and control pollution of
waters of the State of Washington.
E.Responsibilities of Permittees
In order to meet the goals of the Clean Water Act, and comply with Sections S4.A,
S4.B, S4.C, and S4.D, each Permittee shall comply with all of the applicable
requirements of this Permit, as defined in Section S3 – Responsibilities of Permittees.
F.Violations of Water Quality Standards and Adaptive Management
A Permittee remains in compliance with Section S4 despite any discharges
prohibited by Sections S4.A or S4.B, when the Permittee undertakes the following
response toward long-term water quality improvement:
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S4.F Violations of Water Quality Standards and Adaptive Management
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Stormwater Permit – August 1, 2024
1.A Permittee shall notify Ecology in writing within 30 days of becoming aware,
based on credible site-specific information that a discharge from the MS4 owned
or operated by the Permittee is causing or contributing to a known or likely
violation of water quality standards in the receiving water. Written notification
provided under this subsection shall, at a minimum, identify the source of the
site-specific information, describe the nature and extent of the known or likely
violation in the receiving water, and explain the reasons why the MS4 discharge
is believed to be causing or contributing to the problem. For ongoing or
continuing violations, a single written notification to Ecology will fulfill this
requirement.
2.In the event that Ecology determines, based on a notification provided under
Section S4.F.1 or through any other means, that a discharge from a MS4 owned
or operated by the Permittee is causing or contributing to a violation of water
quality standards in a receiving water, Ecology will notify the Permittee in writing
that an adaptive management response outlined in Section S4.F.3, below, is
required, unless:
3.Adaptive Management Response
A description of the operational and/or structural Best Management
Practices (BMPs) that are currently being implemented to prevent or
reduce any pollutants that are causing or contributing to the violation of
water quality standards including a qualitative assessment of the
effectiveness of each BMP.
A description of potential additional operational and/or structural BMPs
that will or may be implemented in order to apply AKART on a site-
specific basis to prevent or reduce any pollutants that are causing or
contributing to the violation of water quality standards.
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S4.F Violations of Water Quality Standards and Adaptive Management
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A description of the potential monitoring or other assessment and
evaluation efforts that will or may be implemented to monitor, assess, or
evaluate the effectiveness of the additional BMPs.
A schedule for implementing the additional BMPs including, as
appropriate: funding, training, purchasing, construction, monitoring, and
other assessment and evaluation components of implementation.
DRAFT
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S4.G Revoke and Reissue Permit
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Stormwater Permit – August 1, 2024
G.Revoke and Reissue Permit
Ecology may modify or revoke and reissue this General Permit in accordance with
Section G14 – General Permit Modification and Revocation, if Ecology becomes
aware of additional control measures, management practices, or other actions
beyond what is required in this Permit that are necessary to:
1.Reduce the discharge of pollutants to the MEP; or
2.Comply with the state AKART requirements; or
3.Control the discharge of toxicants to waters of the State of Washington.
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S5.A Stormwater Management Program General Requirements
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Stormwater Permit – August 1, 2024
S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND
COUNTIES
A.Stormwater Management Program General Requirements
All Permittees shall develop and implement a Stormwater Management Program
(SWMP) during the term of this Permit. A SWMP is a set of actions and activities
comprising the components listed in Section S5 and any additional actions necessary
to meet the requirements of applicable TMDLs pursuant to Sections S7 – Compliance
with TMDL Requirements and S8 – Monitoring and Assessment. This Section applies
to all cities, towns, and counties covered under this Permit. Where the term
“Permittee” is used in this Section, the requirements apply to any city, town, or
county, whether permit coverage is obtained as a Permittee or as a Co-Permittee.
New Permittees subject to this Permit, as described in Section S1.D.1.b, shall fully
meet the requirements in Section S5, no later than February 1, 2029 or as modified
in footnotes, or as specified in an alternate schedule as a condition of coverage by
Ecology. New Permittees obtaining coverage after the issuance date of this Permit
shall fully meet the requirements in Section S5, as specified in an alternate schedule
as a condition of coverage by Ecology.
1.At a minimum, the SWMP shall be implemented throughout the geographic area
described for the Permittee in Section S1.A.
2.Each Permittee shall prepare written documentation of the SWMP, called the
SWMP Plan. The SWMP Plan shall be organized according to the program
components in Section S5.B below or a format approved by Ecology, and shall be
updated at least annually for submittal with the Permittee’s Annual Reports to
Ecology (see Section S9 – Reporting and Recordkeeping). The SWMP Plan shall be
written to inform the general public of planned SWMP activities for the
upcoming calendar year, and shall include a description of:
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3.Gathering, Maintaining, and Using Information
Each Permittee shall track the number of inspections performed, follow-
up actions because of inspections, official enforcement actions taken,
and types of public education activities implemented as required for each
SWMP component. This information shall be included in the Annual
Report.
Each Permittee shall track the estimated cost of development and
implementation of each component of the SWMP. This information shall
be provided with the Annual report, due no later than March 31, 2027.
Permittees shall provide annual average costs to implement the SWMP
and TMDL requirements.
4.Permittees shall continue implementation of existing Stormwater Management
Programs until they begin implementation of the updated Stormwater
Management Program in accordance with the terms of this Permit including
implementation schedules.
5.Coordination among Permittees
Coordination mechanisms clarifying roles and responsibilities for the
control of pollutants between physically interconnected MS4s covered by
a municipal stormwater permit.
Coordinating stormwater management activities for shared water bodies
or watersheds among Permittees, to avoid conflicting plans, policies, and
regulations.
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6.The SWMP shall be designed to reduce the discharge of pollutants from the
regulated small MS4 to the MEP, to satisfy the state requirement under Chapter
90.48 RCW to apply AKART prior to discharge and to protect water quality.
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B.Stormwater Management Program Components
The SWMP shall include the components listed below. To the extent allowable under
state and federal law, all components are mandatory for each city, town, or county
covered under this Permit, whether covered as an individual Permittee or as a Co-
Permittee.
Public Education and Outreach
Permittees shall implement a public education and outreach program designed
to educate the priority audiences about the impacts of stormwater discharges to
water bodies and the steps to take to reduce pollutants in stormwater.2
Outreach and educational efforts should include a multimedia approach, and
shall be targeted and presented to specific audiences for increased effectiveness.
The education program may be developed and implemented locally or
regionally.
Based on the priority audience’s demographic, the Permittee shall consider
delivering selected messages in language(s) other than English.
The minimum performance measures are:
Priority audiences: General public including homeowners, teachers,
school-age children, university/college or trade students, and
overburdened communities.
Provide information about the following subject areas:
(a)The importance of improving water quality and protecting beneficial
uses of waters of the State.
(b)The potential impacts from stormwater discharges.
(c)Methods for avoiding, minimizing, reducing, and/or eliminating the
adverse impacts of stormwater discharges.
2 New Permittees shall begin implementing the requirements of S5.B.1 no later than August 1, 2026.
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(d)Actions individuals can take to improve water quality including
encouraging participation in local environmental stewardship
activities and programs.
Priority audiences: Businesses
Provide information, appropriate to the type of business, about:
(a)Preventing illicit discharges including what constitutes illicit
discharges (e.g., Source Control BMPs to prevent illicit discharges).
(b)The impacts of illicit discharges.
(c)Promoting the proper management and disposal of waste.
(d)Management of dumpsters and washwater.
(e)The use and storage of automotive chemicals, hazardous cleaning
supplies, carwash soaps, and other hazardous materials.
Priority audiences: Engineers, construction contractors, developers,
property owners/managers, development review staff, and land use
planners.
Provide information about:
(a)Technical standards, and the development of stormwater site plans
and erosion control plans.
(b)Infiltration and underground injection control criteria.
(c)Low Impact Development (LID).
(d)Stormwater Best Management Practices (BMPs) for reducing adverse
impacts from stormwater runoff from development sites.
(e)Municipal stormwater code requirements.
(f)Source control BMPs for building materials to reduce pollution to
stormwater including, but not limited to, stormwater pollution from
PCB-containing materials.
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Public Involvement and Participation
Permittees shall provide ongoing opportunities for public involvement and
participation such as advisory panels, public hearings, watershed committees,
participation in developing rate-structures, or other similar activities. Permittees
shall comply with applicable state and local public notice requirements when
developing elements of the SWMP.
The minimum performance measures are:
Annually document specific public involvement opportunities provided to
overburdened communities.
No later than December 31, 2026, document methods used to identify
overburdened communities.
3 By no later than August 1, 2028, New Permittees shall begin using the results of measurements to direct
education and outreach resources more effectively, as well as to evaluate changes in adopted behaviors.
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Illicit Discharge Detection and Elimination
Each Permittee shall implement and enforce a program designed to prevent,
detect, characterize, trace, and eliminate illicit connections and illicit discharges
into the MS4.
The minimum performance measures are:
Known outfalls and known discharge points.
(a)For all known MS4 outfalls, the following attributes shall be mapped:
size and material, where known. Records shall be updated.
Receiving waters, other than ground.
Areas served by the MS4 that discharge to ground.
Permanent stormwater facilities owned or operated by the Permittee.
All connections to the MS4 authorized or approved by the Permittee after
August 1, 2019.
All known connections from the MS4 to a privately owned stormwater
system.
Connections between the MS4 owned and operated by the Permittee
and other municipalities or public entities.
No later than March 31, 2026, Permittees shall submit locations of all
known MS4 outfalls according to the standard templates provided in the
Annual Report. This reporting shall include the size and material of the
outfalls.
No later than December 31, 2027, Permittees shall map tributary
conveyances to all known outfalls and discharge points with a 24 inch
nominal diameter or larger, or an equivalent cross-sectional area for non-
pipe systems. The following features or attributes (or both) shall be
mapped:
(a) Tributary conveyance type, material, and size where known.
(b)Associated drainage areas.
(c)Land use.
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No later than December 31, 2028, begin mapping of Permittee-owned or
operated properties with tree canopy based on available, existing data.
Permittees shall, upon request and to the extent consistent with national
security laws and directives, provide maps and mapping information to
Ecology, other entities covered under this Permit, other municipalities,
and/or federally recognized Indian Tribes. This Permit does not preclude
Permittees from recovering reasonable costs associated with fulfilling
mapping information requests by other municipalities, federally
recognized Indian Tribes, Co-Permittees, and Secondary Permittees.
The required format for mapping is an electronic format (e.g., Geographic
Information System, CAD drawings, or other software that can map and
store points, lines, polygons, and associated attributes) with fully
described mapping standards.
Each Permittee shall implement an ordinance or other regulatory
mechanism that prohibits non-stormwater, illicit discharges into the
Permittee’s MS4 to the maximum extent allowable under state and
federal law..
Allowable discharges. The ordinance or other regulatory mechanism does
not need to prohibit the following categories of non-stormwater
discharges:
(a)Diverted stream flows;
(b)Rising groundwaters;
(c)Uncontaminated groundwater infiltration (as defined at 40 CFR
35.2005(b)(20));
(d)Uncontaminated pumped groundwater;
(e)Foundation drains;
(f)Air conditioning condensation;
(g)Irrigation water from agricultural sources that is commingled with
urban stormwater;
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(h)Springs;
(i)Uncontaminated water from crawl space pumps;
(j)Footing drains;
(k)Flows from riparian habitats and wetlands;
(l)Non-stormwater discharges authorized by another NPDES permit or
State Waste Discharge permit; and
(m)Non-stormwater discharges from emergency firefighting activities in
accordance with Section S2 – Authorized Discharges. After the
emergency has ceased, non-stormwater discharges to the MS4 are
prohibited.
Conditionally allowable discharges. The ordinance or other regulatory
mechanism may allow the following categories of non-stormwater
discharges only if the stated conditions are met:
(a)Discharges from potable water sources including, but not limited to,
water line flushing, hyperchlorinated water line flushing, fire hydrant
system flushing, and pipeline hydrostatic test water. Planned
discharges shall be dechlorinated to a total residual chlorine
concentration of 0.1 ppm or less, pH-adjusted if necessary, and
volumetrically and velocity controlled to prevent resuspension of
sediments in the MS4.
(b)Discharges from lawn watering and other irrigation runoff. These
discharges shall be minimized through, at a minimum, public
education activities (see Section S5.B.1) and water conservation
efforts.
(c)Discharges from swimming pools, spas, and hot tubs. The discharges
shall be dechlorinated to a total residual chlorine concentration of 0.1
ppm or less; pH-adjusted; reoxygenated, if necessary; and
volumetrically and velocity controlled to prevent resuspension of
sediments in the MS4. 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 and water used to control dust that
does not use detergents. The Permittee shall reduce these discharges
through, at a minimum, public education activities (see Section
S5.B.1) and/or water conservation efforts. To avoid washing
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pollutants into the MS4, Permittees shall minimize the amount of
street wash and dust control water used.
(e)Routine external building washdown that does not use detergents for
buildings built or renovated before 1950 and after 1980. The
Permittee shall reduce these discharges through, at minimum, public
education activities or water conservation efforts, or both. To avoid
washing pollutants into the MS4, Permittees shall minimize the
amount of wash water used.
Commercial, industrial, and muti-story residential structures
constructed or remodeled between the years 1950 and 1980 (i.e.,
those most likely to have PCB-containing building materials), shall be
assessed for PCB-containing materials materials consistent with How
to find and address PCBs in building materials (Ecology, October 2022,
Publication No. 22-04-024) prior to routine building washdown.
Structures confirmed or suspected to have PCB-containing materials
shall not discharge washdown to the MS4. Single-family residential
buildings are exempt from PCB assessment. Structures built or
renovated between 1950-1980 and determined to be without PCB-
containing materials may conduct routine building washdown
(without detergents), as described above.
(f)Other non-stormwater discharges. Other non-stormwater discharges
shall be in compliance with the requirements of a pollution
prevention plan reviewed by the Permittee which addresses control
of such discharges.
The ordinance or other regulatory mechanism shall further address any
category of discharges in (ii) or (iii) above if the discharge is identified as a
significant source of pollutants to waters of the State.
The ordinance or other regulatory mechanism shall include escalating
enforcement procedures and actions.
The Permittee shall implement a compliance strategy that includes
informal compliance actions such as public education and technical
assistance, as well as the enforcement provisions of the ordinance or
other regulatory mechanism. To implement an effective compliance
strategy, the Permittee’s ordinance or other regulatory mechanism shall
include the following tools:
(a)The application of operational or structural source control BMPs, or
both, for pollutant-generating sources associated with existing land
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uses and activities, where necessary to prevent illicit discharges. The
source control BMPs referenced in this subsection are in the
Stormwater Management Manual for Eastern Washington.
(b)The maintenance of stormwater facilities which discharge into the
Permittee’s MS4 in accordance with maintenance standards
established under Section S5.B.6, where necessary to prevent illicit
discharges.
Procedures for conducting investigations of the Permittee’s MS4
including field screening to identify potential sources.
Procedures for locating priority areas likely to have illicit discharges
including, at a minimum: evaluating land uses and associated
business/industrial activities present; areas where complaints have been
registered in the past; and areas with storage of large quantities of
materials that could result in illicit discharges, including spills.
Field assessment activities including: outfalls, discharge points, and
facilities serving priority areas identified in (ii) above, during dry weather
and for the purposes of verifying outfall and discharge point locations
and detecting illicit discharges.
Compliance with this provision shall be achieved by: field assessing at
least 12%, on average, of the MS4 within the Permittee’s coverage area
each year to verify outfall and discharge point locations and detect illicit
discharges.
A publicly listed and publicized hotline or other telephone number for
public reporting of spills and other illicit discharges.
Permittees shall provide adequate training for all municipal field staff
which, as part of their normal job responsibilities, might come into
contact with or otherwise observe an illicit discharge or illicit connection
to the storm sewer system, on the identification of an illicit
discharge/connection, and on the proper procedures for reporting and
responding, as appropriate, to the illicit discharge/connection. Follow-up
training shall be provided, as needed, to address changes in procedures,
techniques, requirements, or staffing. Permittees shall document and
maintain records of the trainings provided and the staff trained.
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Permittees shall inform public employees, businesses, and the general
public of hazards associated with illicit discharges and improper disposal
of waste.
Procedures for characterizing the nature of, and potential public or
environmental threat posed by, any illicit discharges found by or reported
to the Permittee. Procedures shall address the evaluation of whether the
discharge shall be immediately contained and steps to be taken for
containment of the discharge.
Procedures for tracing the source of an illicit discharge including visual
inspections and, when necessary, opening manholes, using mobile
cameras, collecting and analyzing water samples, and/or other detailed
inspection procedures.
Procedures for eliminating the discharge including notification of
appropriate authorities (including appropriate owners or operators of
interconnected MS4s); notification of the property owner; technical
assistance; follow-up inspections; and use of the compliance strategy
developed pursuant to Section S5.B.3.b.vi including escalating
enforcement and legal actions if the discharge is not eliminated.
Compliance with the provisions (i) through (iii) above shall be achieved by
meeting the following timelines:
(a)Immediately respond to all illicit discharges, including spills, which are
determined to constitute a threat to human health, welfare, or the
environment, consistent with General Condition G3.
(b)Investigate (or refer to the appropriate agency with the authority to
act) within 7 days, any complaints, reports, or monitoring information
that indicates a potential illicit discharge.
(c)Initiate an investigation within 21 days of any report or discovery of a
suspected illicit connection to determine the source of the
connection, the nature and volume of discharge through the
connection, and the party responsible for the connection.
(d)Upon confirmation of an illicit connection, use the compliance
strategy outlined in Section S5.B.3.b.vi in a documented effort to
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eliminate the illicit connection within 6 months. All known illicit
connections to the MS4 shall be eliminated.
Construction Site Stormwater Runoff Control
All Permittees shall implement and enforce a program to reduce pollutants in
any stormwater runoff to the MS4 from construction activities and construction
projects.
Public and private projects, including projects proposed by the Permittee’s own
departments and agencies, shall comply with these requirements. The Permittee
shall implement an ongoing process for ensuring proper project review,
inspection, and compliance by its own departments and agencies.
The minimum performance measures are:
The ordinance or other regulatory mechanism shall apply, at a minimum,
to construction sites that meet the thresholds in Appendix 1.
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As applicable, Permittees shall include this program in the regional
manual, as described in Section S5.B.5.
The ordinance or other regulatory mechanism shall require construction
operators to adhere, at a minimum, to the requirements of Appendix 1,
Core Element #2, including preparation of Construction Stormwater
Pollution Prevention Plans (Construction SWPPPs) and application of
BMPs, as necessary, to protect water quality, reduce the discharge of
pollutants to the MEP, and satisfy state AKART requirements.
(a)The ordinance or other regulatory mechanism shall include
requirements for construction site operators to implement
appropriate erosion and sediment control BMPs. The ordinance or
other regulatory mechanism shall include requirements for
construction site operators to control waste such as, but not limited
to discarded building materials, concrete truck washout, chemicals,
litter, and sanitary waste at the construction site that may cause
adverse impacts to water quality.
(b)Permittees shall document how the requirements of the ordinance or
other regulatory mechanism protect water quality, reduce the
discharge of pollutants to the MEP, and satisfy state AKART
requirements. Documentation shall include:
1.How stormwater BMPs were selected.
2.The pollutant removal expected from the selected BMPs.
3.The technical basis which supports the performance claims for the
selected BMPs.
4.How the selected BMPs will comply with applicable state water
quality standards and satisfy the state requirement to apply
AKART prior to discharge.
Permittees who choose to use the BMP selection, design, installation,
operation and maintenance standards in the Stormwater
Management Manual for Eastern Washington, or another technical
stormwater manual approved by Ecology, may cite this reference as
the sole documentation that the ordinance or regulatory mechanism
is protecting water quality, reducing the discharge of pollutants to the
MEP, and satisfying state AKART requirements.
The ordinance or other regulatory mechanism shall include appropriate,
escalating enforcement procedures and actions.
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The Permittee shall implement a documented enforcement strategy and
the enforcement provisions of the ordinance or other regulatory
mechanism.
The ordinance or regulatory mechanism shall include a provision for
access by qualified personnel to inspect construction-phase stormwater
BMPs on private properties that discharge to the MS4.
Prior to clearing and construction, Permittees shall review Construction
SWPPPs for all construction sites that meet the thresholds in Appendix 1
to ensure that the plans are complete pursuant to the requirements of
Appendix 1, Core Element #2. The Construction SWPPP review shall be
performed by qualified personnel and shall be performed in coordination
with Section S5.B.5.c, review of stormwater site plans.
(a)If the Permittee chooses to allow construction sites to apply the
“Erosivity Waiver” in Appendix 1, Core Element #2, the Permittee is
not required to review Construction SWPPPs for individual sites
applying the waiver.
(b)The Permittee shall investigate complaints about sites that apply the
Erosivity Waiver in the same manner as it will investigate complaints
about sites that have submitted Construction SWPPPs for review
pursuant to this Section.
All permitted construction sites that meet the thresholds in Appendix 1
shall be inspected by qualified personnel:
(a)Prior to clearing and grading for construction if a high potential for
sediment transport is determined.
(b)During construction to verify proper installation and maintenance of
required erosion and sediment controls. Follow-up, as necessary,
based on the inspection.
(c)Compliance with this inspection requirement will be determined by
the Permittee having and maintaining records of an inspection
program that is designed to inspect all facilities. Compliance will be
determined by the Permittee achieving an inspection rate of at least
80% required inspections annually.
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Permittees shall keep records of the site plan review, inspections, and
any enforcement actions including inspection reports, warning letters,
notices of violations, and other enforcement records for these projects
for five years or until construction is completed, whichever is longer.
The staff training records to be kept include dates, activities or course
descriptions, and names and positions of staff in attendance.
Permittees shall keep copies of information provided to construction site
operators, and if information is distributed to a large number of design
professionals at once, the dates of the mailings and lists of recipients.
If the Permittee chooses to allow construction sites to apply the
“Erosivity Waiver” in Appendix 1, Core Element #2, the Permittee shall
keep a record of all construction sites that provide notice to the
Permittee of their intention to apply the waiver.
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Post-Construction Stormwater Management for New Development and
Redevelopment
All Permittees shall implement and enforce a program to address post-
construction stormwater runoff to the MS4 from new development and
redevelopment projects that meet the thresholds in Appendix 1. The program
shall ensure that controls to prevent or minimize water quality impacts are in
place.
Public and private projects, including projects proposed by the Permittee’s own
departments and agencies, shall comply with these requirements. The Permittee
shall implement an ongoing process for ensuring proper project review,
inspection, and compliance by its own departments and agencies.
The minimum performance measures are:
On or after July 1, 2027;
Prior to January 1, 2018, which have not started construction 5 by
December 31, 2023;
Prior to January 1, 2023, that have not started construction by December
31, 2027; and
Prior to July 1, 2027, that have not started construction by July 1, 2032.
The ordinance or other regulatory mechanism shall apply, at a minimum,
to new development and redevelopment sites that meet the thresholds
in Appendix 1.
4 In this context, “application” means, at a minimum a complete project description, site plan, and, if applicable,
SEPA checklist. Permittees may establish additional elements of a completed application.
5 In this context “started construction” means the site work associated with, and directly related to the approved
project has begun. For example: grading the project site to final grade or utility installation. Simply clearing the
project site does not constitute the start of construction. Permittees may establish additional requirements related
to the start of construction.
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The ordinance or other regulatory mechanism shall require project
proponents and property owners to adhere to the minimum technical
requirements in Appendix 1 and shall include BMP selection, design,
installation, operation, and maintenance standards necessary to protect
water quality, reduce the discharge of pollutants to the MEP, and satisfy
state AKART requirements.
(a)All Permittees shall implement a policy of encouraging project
proponents to maintain natural drainages to the MEP including
minimizing the disturbance of native soils and vegetation and
reducing the total amount of impervious surfaces created by the
project.
Permittees shall allow non-structural preventive actions and source
reduction approaches such as Low Impact Development (LID)
techniques, measures to minimize the creation of impervious
surfaces, and measures to minimize the disturbance of native soils
and vegetation. Provisions for LID should take into account site
conditions and long-term maintenance.
(b)The ordinance or other regulatory mechanism shall include
requirements for project proponents and property owners to
implement appropriate runoff treatment, flow control, and source
control BMPs considering the proposed land use at the site to
minimize adverse impacts to water quality.
1.Each Permittee shall implement a specific hydrologic method or
methods for calculating runoff volumes and flow rates to ensure
consistent sizing of structural BMPs in their jurisdiction and to
facilitate plan review. Permittees may allow proponents of unique
or complex projects to use other methodologies.
2.Permittees shall require projects approved under Section S5.B.5
to retain runoff generated on-site for, at a minimum, the 10-year,
24-hour rainfall event or a local equivalent. Permittees may meet
this requirement using on-site or regional stormwater facilities.
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3.New Permittees that are not already meeting the Section
S5.B.5.b.ii.(b)(2) requirement in existing ordinances shall develop
and implement criteria to determine when it is infeasible for a
project to meet this requirement including, but not limited to:
•Site/Engineering-based conditions such as soils that do not
allow for infiltration of the required volume of stormwater
runoff; proximity to a known hazardous waste site or landfill;
proximity to a drinking water well or spring; proximity to an
onsite sewage system or underground storage tank; setbacks
from structures; landslide hazard areas or slopes; seasonal
high groundwater; incompatibility with the surrounding
drainage system from elevation or location; or areas prone to
erosion.
•Incompatibility with uses related to concerns such as public
safety, protection from spills, contaminated sites, or
frequently flooded areas.
•Incompatibility with state or federal laws.
•New Permittees shall submit to Ecology with the Annual
Report due in the fourth year of the permit, a summary of the
criteria defining infeasibility, or a citation for the criteria
adopted pursuant to a regional LID manual.
4.To meet the requirements of Appendix 1, Core Element #5
(Runoff Treatment) and Core Element #6 (Flow Control),
Permittees shall apply the definitions, requirements, and
methods in the Stormwater Management Manual for Eastern
Washington, or another technical stormwater manual approved
by Ecology.
(c)The ordinance or other regulatory mechanism shall include
requirements to ensure adequate ongoing long-term operation and
maintenance of the BMPs approved by the Permittee.
(d)Permittees shall document how the requirements of the ordinance or
other regulatory mechanism protect water quality, reduce the
discharge of pollutants to the MEP, and satisfy state AKART
requirements. Documentation shall include:
1.How stormwater BMPs were selected;
2.The pollutant removal expected from the selected BMPs;
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3.The technical basis which supports the performance claims for the
selected BMPs; and
4.How the selected BMPs will comply with applicable state water
quality standards and satisfy the state requirement to apply
AKART prior to discharge.
5.Permittees who choose to use the BMP selection, design,
installation, operation and maintenance standards in the
Stormwater Management Manual for Eastern Washington, or
another equivalent stormwater manual (regional stormwater
management manual) approved by Ecology, may cite this
reference as the sole documentation that the ordinance or
regulatory mechanism is protecting water quality, reducing the
discharge of pollutants to the MEP and satisfying state AKART
requirements.
Ecology review and approval of a regional stormwater management
manual (serves three or more Permittees) and local ordinances is
required. The Permittee shall submit draft enforceable requirements,
technical standards, and manuals that correspond to updates identified
in Appendix 1 to Ecology no later than July 1, 2026. Ecology will review
and provide written response to the Permittee. If Ecology takes longer
than 180 days to provide a written response, the required deadline for
adoption and effective date will be automatically extended by the
number of calendar days that Ecology exceeds a 180-day period for
written response.
(a)The Permittee shall submit the required significant changes to the
local programs in the formats described in Appendix 10.
(b)No later than June 30, 2027, each Permittee shall adopt and make
effective a local program that meets the requirements in Section
S5.C.5.b.i through ii above. Regional Manuals and ordinances
approved under this Section will be listed in Appendix 10, Part 3,
following a Permit modification.
1.In the case of circumstances beyond the Permittee’s control
such as litigation or administrative appeals that may result in
noncompliance with the requirements of this Section, the
Permittee shall promptly notify Ecology and submit a written
request for an extension.
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The ordinance or other regulatory mechanism shall include provisions for
both construction-phase and post-construction access for Permittees to
inspect stormwater BMPs on private properties that discharge to the
MS4. If deemed necessary for post-construction access, the ordinance or
other regulatory mechanism may, in lieu of requiring that continued
access be granted to the Permittee’s staff or qualified personnel, instead
require private property owners to provide annual certification by a
qualified third party that adequate maintenance has been performed and
the facilities are operating as designed to protect water quality.
The ordinance or other regulatory mechanism shall include appropriate,
escalating enforcement procedures and actions.
The Permittee shall implement an enforcement strategy and the
enforcement provisions of the ordinance or other regulatory mechanism.
Prior to clearing or construction, Permittees shall review stormwater site
plans for, at a minimum, all new development and redevelopment sites
that meet the thresholds in Section S5.B.5.b.i to ensure that the plans
include stormwater pollution prevention measures that meet the
requirements in Section S5.B.5.b.ii.
The site plan review shall be performed by qualified personnel and shall
include review of Construction Stormwater Pollution Prevention Plans,
where required, pursuant to Section S5.B.4.b.i.
Structural BMPs shall be inspected at least once during installation and
upon final installation or upon completion of the project by qualified
personnel.
Structural BMPs shall be inspected at least once every five years after
final installation, or more frequently, as determined by the Permittee to
be necessary to prevent adverse water quality impacts, to ensure that
adequate maintenance is being performed. The inspection shall be
performed by qualified personnel.
Recommended operation and maintenance standards for structural
BMPs in the Stormwater Management Manual for Eastern Washington,
or another equivalent stormwater manual approved by Ecology, shall be
met.
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S5.B Stormwater Management Program Components
Eastern Washington Phase II Municipal Page 42 of 86
Stormwater Permit – August 1, 2024
If a site is inspected and problems are identified, the Permittee is not in
violation of this provision provided the Permittee requires and confirms
that necessary operation, maintenance, and/or repair to correct the
problem is performed as soon as practicable.
Permittees shall keep project records for five years or until construction
is completed, whichever is longer, with the following exceptions:
approved site plans and O&M Plans shall be kept, as needed, to comply
with the ongoing inspection requirements of this Permit.
The training records to be kept include dates, activities or course
descriptions, and names and positions of staff in attendance.
Permittees shall keep copies of information that is provided to design
professionals (for (e) above); and, if information is distributed to a large
number of design professionals at once, the dates of the mailings and
lists of recipients.
Municipal Operations and Maintenance
Permittees shall implement an operation and maintenance program that
includes a training component and has the ultimate goal of preventing or
reducing pollutant runoff from municipal operations.
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S5.B Stormwater Management Program Components
Eastern Washington Phase II Municipal Page 43 of 86
Stormwater Permit – August 1, 2024
The minimum performance measures are:
The O&M Plan shall include appropriate pollution prevention and good
housekeeping procedures for all of the following types of facilities and/or
activities listed below.
(a)Stormwater collection and conveyance systems including:
•Catch basins;
•Stormwater sewer pipes;
•Open channels;
•Culverts; and
•Structural stormwater controls, and structural runoff treatment
and/or flow control facilities.
The O&M Plan shall address, at a minimum:
•Regular inspections;
•Cleaning;
•Proper disposal of waste removed from the system in accordance
with Appendix 6 – Street Waste Disposal; and
•Recordkeeping.
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S5.B Stormwater Management Program Components
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Stormwater Permit – August 1, 2024
Permittees shall implement catch basin cleaning, stormwater system
maintenance, scheduled structural BMP inspections and
maintenance, and pollution prevention/good housekeeping practices.
Decant water shall be disposed of in accordance with Appendix 6 –
Street Waste Disposal.
(b)Roads, highways, and parking lots. The O&M Plan shall address, at a
minimum:
•Street cleaning;
•Deicing;
•Anti-icing, and snow removal practices;
•Snow disposal areas and runoff from snow storage areas;
•Material (e.g., salt, sand, or other chemical) storage areas; and
•All-season BMPs to reduce road and parking lot debris and other
pollutants from entering the MS4.
Permittees shall implement all pollution prevention/good
housekeeping practices established in the O&M Plan for all roads,
highways, and parking lots with more than 5,000 square feet of
pollutant generating impervious surface that are owned or operated
by the Permittee.
(c)Vehicle fleets. The O&M Plan shall address, at a minimum:
•Storage;
•Washing;
•Maintenance;
•Repair; and
•Fueling of municipal vehicle fleets.
Permittees shall conduct all vehicle and equipment washing and
maintenance in a self-contained covered building or in designated
wash and/or maintenance areas operated to separate wash water
from stormwater.
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S5.B Stormwater Management Program Components
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Stormwater Permit – August 1, 2024
(d)Municipal buildings. The O&M Plan shall address, at a minimum:
•Cleaning;
•Washing;
•Painting; and
•Other maintenance activities.
Permittees shall implement all pollution prevention/good
housekeeping practices established in the O&M Plan for buildings
owned or operated by the Permittee.
For Permittee-owned buildings built or renovated between 1950-
1980, update policies, practices, or procedures to include Source
Control BMPs to minimize PCBs from entering the MS4.
Source Control BMPs for building materials to prevent PCBs from
entering the MS4 in preparation for and during demolition and
renovations or building washdown. Permittees shall not discharge
washdown water to the MS4 if the building is confirmed or suspected
to have PCB-containing materials.
(e)Parks and open space. The O&M Plan shall address, at a minimum:
•Proper application of fertilizer;
•Pesticides, and herbicides;
•Pet waste BMPs;
•Sediment and erosion control;
•BMPs for landscape maintenance and vegetation disposal;
•Trash and dumpster management; and
•BMPs for building exterior cleaning and maintenance.
Permittees shall implement park and open space maintenance
pollution prevention/good housekeeping practices at all park areas
and other open spaces owned or operated by the Permittee.
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S5.B Stormwater Management Program Components
Eastern Washington Phase II Municipal Page 46 of 86
Stormwater Permit – August 1, 2024
(f)Construction projects. Public construction projects shall comply with
the requirements applied to private projects. All construction projects
owned or operated by the Permittee that are required to have an
NPDES permit shall be covered under either the Construction
Stormwater General Permit or another NPDES permit that authorizes
stormwater discharges associated with the activity. All public projects
shall include construction and post-construction controls selected and
implemented pursuant to the requirements in Appendix 1.
(g)Industrial activities. All facilities owned or operated by the Permittee
that are required to have NPDES permit coverage shall be covered
under the Industrial Stormwater General Permit or another NPDES
permit that authorizes stormwater discharges associated with the
activity.
(h)Material storage areas, heavy equipment storage areas, and
maintenance areas. Permittees shall implement a Stormwater
Pollution Prevention Plan (SWPPP) to protect water quality at each of
these facilities owned or operated by the Permittee and not required
to have coverage under the Industrial Stormwater General Permit or
another NPDES permit that authorizes stormwater discharges
associated with the activity. At a minimum, the SWPPP shall include:
•A site map showing the facility’s stormwater drainage, discharge
points, and areas of potential pollutant exposure.
•An inventory of the materials and equipment stored on-site, and
the activities conducted at the facility which may be exposed to
precipitation or runoff and could result in stormwater pollution.
•A plan for preventing and responding to spills at the facility which
could result in an illicit discharge.
•A detailed description of the operational and structural BMPs in
use at the facility and a schedule for implementation of additional
BMPs. BMPs selected shall be consistent with the Stormwater
Management Manual for Eastern Washington, or other Ecology-
approved technical manual. The SWPPP shall be updated, as
needed, to maintain relevancy with the facility.
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S5.B Stormwater Management Program Components
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Stormwater Permit – August 1, 2024
•Annual inspections of the facility including visual observations of
discharges to evaluate the effectiveness of the BMPs, identify
maintenance needs, and determine if additional or different BMPs
are needed. The results of these inspections shall be documented
in an inspection report or checklist.
(i)Flood management projects. Permittees shall assess water quality
impacts in the design of all new flood management projects that are
associated with the MS4 or that discharge to the MS4, including
considering use of controls that minimize impacts to site hydrology
and still meet project objectives.
(j)Other facilities that would reasonably be expected to discharge
contaminated runoff. Permittees shall implement BMPs to protect
water quality from discharges from these sites in the O&M Plan.
The O&M Plan shall include a schedule of inspections and requirements
for recordkeeping pursuant to Section S9 – Reporting and Recordkeeping.
(a)A minimum of 95% of all known stormwater treatment and flow
control facilities (except catch basins) owned or operated by the
Permittee shall be inspected at least once every two years, with
problem facilities identified during inspections to be inspected more
frequently.
Permittees may reduce the inspection frequency based on
maintenance records of double the length of time of the proposed
inspection frequency. In the absence of maintenance records, the
Permittee may substitute written statements to document a specific
less frequent inspection schedule. Written statements shall be based
on actual inspection and maintenance experience and shall be
certified in accordance with Section G19 – Certification and Signature.
(b)All catch basins and inlets owned or operated by the Permittee shall
be inspected every two years by December 31.6 Clean catch basins if
the inspection indicates cleaning is needed to comply with the
maintenance standards adopted pursuant to Section S5.B.6.a.
The following alternatives to the standard approach of inspecting
catch basins every two years may be applied to all or portions of the
system:
6 Continuing Permittees shall implement the two-year schedule established under previous permits, except
inspections shall be completed by December 31.
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S5.B Stormwater Management Program Components
Eastern Washington Phase II Municipal Page 48 of 86
Stormwater Permit – August 1, 2024
1.The catch basin inspection schedule of every two years thereafter
may be changed, as appropriate, to meet the maintenance
standard based on maintenance records of double the length of
time of the proposed inspection frequency. In the absence of
maintenance records for catch basins, the Permittee may
substitute written statements to document a specific, less
frequent inspection schedule. Written statements shall be based
on actual inspection and maintenance experiences and shall be
certified in accordance with Section G19 – Certification and
Signature.
2.Inspections every two years may be conducted on a “circuit
basis,” whereby 25% of catch basins and inlets within each circuit
are inspected to identify maintenance needs. Include in the
inspection the catch basin immediately upstream of any system
outfall, discharge point, or connections to public or private storm
systems, if applicable. Clean all catch basins within a given circuit
for which the inspection indicates cleaning is needed to comply
with maintenance standards established under Section S5.B.6.a
above.
3.The Permittee may clean all pipes, ditches, catch basins, and inlets
within a circuit once during the permit term. Circuits selected for
this alternative must drain to a single point.
(c)Spot checks for potentially damaged stormwater treatment and flow
control facilities shall be conducted after major storm events (24-hour
storm event with a 10-year or greater recurrence interval). Any
needed repair or maintenance shall be performed as soon as
practicable pursuant to the findings of regular inspection or spot
check.
No later than July 1, 2027, develop and implement a municipal street
sweeping program to target high-priority areas and times during the year
that would reasonably be expected to result in the maximum water
quality benefits to receiving waters. The following program elements
shall be included:
(a)Apply street sweeping program to publicly-owned roads in MS4
drainage basins. Within those basins, sweep the following high-
priority areas, where applicable:
1.High-traffic roads such as arterials.
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S5.B Stormwater Management Program Components
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Stormwater Permit – August 1, 2024
2.Accessible curb and gutter streets. Permittees may need to
implement parking restrictions or other effective methods to
optimize pollutant removal.
3.Areas with significant tire wear (e.g., roundabouts, high traffic
intersections, municipal-operated parking lots).
4.Areas with significant tree canopy with seasonal leaf litter drop.
5.Municipal roads that serve commercial or industrial land use
areas.
6.Areas that discharge to surface receiving waters that support
salmonids.
(b)Sweep high-priority areas at least once between July and September
each year and two additional times a year, as determined by the
Permittee to provide additional water quality benefits. For calendar
year 2027, only one sweeping event is required.
1.Permittees may document reasoning for alternative sweeping
timing and frequency based on local conditions (e.g. climate) and
estimated pollutant deposition quantities. Documentation shall
be based on actual maintenance experience and certified in
accordance with Section G19 – Certification and Signature.
2.If a Permittee’s existing overall street sweeping program provides
equivalent or greater street sweeping frequency relative to the
requirements listed above, the Permittee may continue to
implement its existing street sweeping program. Documentation
shall be certified in accordance with Section G19 – Certification
and Signature.
(c)Annually sweep at least 90% of high-priority areas within MS4
drainage basins.
(d)Follow equipment design performance specifications to ensure that
street sweeping equipment is operated at the proper design speed
with appropriate verification and that it is properly maintained.
Permittees shall dispose of sweeper waste material in accordance
with Appendix 6 – Street Waste Disposal.
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S5.B Stormwater Management Program Components
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Stormwater Permit – August 1, 2024
(e)Document the road type and level of traffic served (e.g., AADT or
estimated number of vehicles) of roads swept, frequency, type of
sweeper, lane miles, a map of the areas and land uses swept, and
approximation of street waste removed. Begin reporting with the
Annual Report due March 31, 2029.
The O&M Plan shall identify the department (and where appropriate, the
specific staff) responsible for performing each activity.
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S6.A. Secondary Permittee Coverage
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Stormwater Permit – August 1, 2024
S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES
A.Secondary Permittee Coverage
This Section applies to all Secondary Permittees, whether coverage under this Permit
is obtained individually or as a Co-Permittee with a city and/or town and/or county
and/or another Secondary Permittee.
New Secondary Permittees subject to this Permit shall fully meet the requirements
of this Section, as modified in the footnotes in Section S6.D below or as established
as a condition of coverage by Ecology.
1.To the extent allowable under state, federal, and local law, all components are
mandatory for each Secondary Permittee covered under this Permit, whether
covered as an individual Permittee or as a Co-Permittee.
2.Each Secondary Permittee shall develop and implement a Stormwater
Management Program (SWMP). A SWMP is a set of actions and activities
comprising the components listed in Section S6, and any additional actions
necessary to meet the requirements of applicable TMDLs pursuant to Sections S7
–Compliance with TMDL Requirements and S8 – Monitoring and Assessment.
The SWMP shall be designed to reduce the discharge of pollutants from
regulated small MS4s to the MEP and protect water quality.
3.Unless an alternate implementation schedule is established by Ecology as a
condition of permit coverage, the SWMP shall be developed and implemented in
accordance with the schedules contained in this Section and shall be fully
developed and implemented no later than four and one-half (4 ½) years from
initial permit coverage date. Secondary Permittees that are already
implementing some or all of the required SWMP components shall continue
implementation of those components.
4.Secondary Permittees may implement parts of their SWMP in accordance with
the schedule for cities, towns, and counties in Section S5, provided they have
signed a memorandum of understanding or other agreement to jointly
implement the activity or activities with one or more jurisdictions listed in
Section S1.D.2.a and submitted a copy of the agreement to Ecology.
5.Each Secondary Permittee shall prepare written documentation of the SWMP,
called the SWMP Plan. The SWMP Plan shall be updated annually to include a
description of program activities for the upcoming calendar year, and shall be
submitted with the Annual Report.
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S6.B. Coordination
Eastern Washington Phase II Municipal Page 52 of 86
Stormwater Permit – August 1, 2024
B.Coordination
Secondary Permittees shall coordinate stormwater-related policies, programs and
projects within a watershed and with interconnected MS4s. Where relevant and
appropriate, the SWMP shall coordinate among departments of the Secondary
Permittee to ensure compliance with the terms of this Permit.
C.Legal Authority
To the extent allowable under state law and federal law, each Secondary Permittee
shall be able to demonstrate that they can operate pursuant to legal authority which
authorizes or enables the Secondary Permittee to control discharges to and from
MS4s owned or operated by the Secondary Permittee.
This legal authority may be a combination of statutes, ordinances, permits,
contracts, orders, interagency agreements, or similar instruments.
D. Stormwater Management Program for Secondary Permittees
Permittees that are already implementing some or all of the SWMP components in
this Section shall continue implementation of those components of their SWMP.
The SWMP for Secondary Permittees shall include the following components:
Public Education and Outreach
Each Secondary Permittee shall implement the following stormwater education
strategies:
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 53 of 86
Stormwater Permit – August 1, 2024
How stormwater runoff affects local waterbodies;
Proper use and application of pesticides and fertilizers;
Benefits of using well-adapted vegetation;
Alternative equipment washing practices including cars and trucks that
minimize pollutants in stormwater;
Benefits of proper vehicle maintenance and alternative transportation
choices and proper handling and disposal of wastes, including the
location of hazardous waste collection facilities in the area;
Hazards associated with illicit connections and illicit discharges;
Benefits of litter control and proper disposal of pet waste; and
Source control BMPs for building materials to reduce pollution to
stormwater including, but not limited to, stormwater pollution from PCB-
containing materials.
Public Involvement and Participation
Each year, no later than May 31, each Secondary Permittee shall:
Illicit Discharge Detection and Elimination
Each Secondary Permittee shall:
Allowable discharges. The policies do not need to prohibit the following
categories of non-stormwater discharges:
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 54 of 86
Stormwater Permit – August 1, 2024
•Diverted stream flows;
•Rising groundwaters;
•Uncontaminated groundwater infiltration (as defined at 40 CFR
35.2005(20));
•Uncontaminated pumped groundwater;
•Foundation drains;
•Air conditioning condensation;
•Irrigation water from agricultural sources that is commingled with
urban stormwater;
•Springs;
•Uncontaminated water from crawl space pumps;
•Footing drains;
•Flows from riparian habitats and wetlands;
•Non-stormwater discharges authorized by another NPDES or State
Waste Discharge permit; and
•Discharges from emergency firefighting activities in accordance with
Section S2 – Authorized Discharges.
Conditionally allowable discharges. The policies may allow the following
categories of non-stormwater discharges only if the stated conditions are
met and such discharges are allowed by local codes:
•Discharges from potable water sources including, but not limited to,
water line flushing, hyperchlorinated water line flushing, fire hydrant
system flushing, and pipeline hydrostatic test water. Planned
discharges shall be dechlorinated to a total residual chlorine
concentration of 0.1 ppm or less, pH-adjusted, if necessary, and
volumetrically and velocity-controlled to prevent resuspension of
sediments in the MS4.
•Discharges from lawn watering and other irrigation runoff. These
discharges shall be minimized through, at a minimum, public
education activities and water conservation efforts conducted by the
Secondary Permittee and/or the local jurisdiction.
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 55 of 86
Stormwater Permit – August 1, 2024
•Discharges from swimming pools, spas, and hot tubs. The discharges
shall be dechlorinated to a total residual chlorine concentration of 0.1
ppm or less, pH-adjusted and reoxygenated, if necessary, and
volumetrically and velocity-controlled to prevent resuspension of
sediments in the MS4. 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.
•Street and sidewalk wash water and water used to control dust that
does not use detergents. The Secondary Permittee shall reduce these
discharges through, at a minimum, public education activities and/or
water conservation efforts conducted by the Secondary Permittee
and/or the local jurisdiction. To avoid washing pollutants into the
MS4, the Secondary Permittee shall minimize the amount of street
wash and dust control water used.
•Routine external building washdown that does not use detergents for
buildings built before 1950 and after 1980. The Permittee shall reduce
these discharges through, at minimum, public education activities or
water conservation efforts, or both. To avoid washing pollutants into
the MS4, Permittees shall minimize the amount of wash water used.
Commercial, industrial, and muti-story residential structures
constructed or remodeled between the years 1950 and 1980 (i.e.
those most likely to have PCB containing building materials), shall be
assessed consistent with How to find and address PCBs in building
materials (Ecology, October 2022, Publication No. 22-04-024) for PCB-
containing materials prior to routine building washdown. Structures
confirmed or suspected to have PCB-containing materials shall not
discharge washdown to the MS4. Single-family residential buildings
are exempt from PCB assessment. Structures built between 1950-
1980 and determined to be without PCB-containing materials may
conduct routine building washdown (without detergents) as
described above.
•Other non-stormwater discharges shall be in compliance with the
requirements of a pollution prevention plan reviewed by the
Permittee which addresses control of such discharges.
The Secondary Permittee shall address any category of discharges in (i) or
(ii) above if the discharge is identified as a significant source of pollutants
to waters of the State.
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 56 of 86
Stormwater Permit – August 1, 2024
No later than December 31, 2026, the required format for mapping is an
electronic format with fully described mapping standards.
No later than March 31, 2027, Permittees shall submit locations of all
known MS4 outfalls according to the standard templates provided in the
Annual Report. This reporting shall include the size and material of the
outfalls.
Construction Site Stormwater Runoff Control
From the initial date of permit coverage, each Secondary Permittee shall:
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S6.D. Stormwater Management Program for Secondary Permittees
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Stormwater Permit – August 1, 2024
Post-Construction Stormwater Management for New Development and
Redevelopment
From the initial date of permit coverage, each Secondary Permittee shall:
Pollution Prevention and Good Housekeeping for Municipal Operations
Each Secondary Permittee shall:
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 58 of 86
Stormwater Permit – August 1, 2024
Stormwater collection and conveyance systems, including catch basins,
stormwater pipes, open channels, culverts, and stormwater treatment
and/or flow control BMPs and facilities. The O&M Plan shall address, at a
minimum: scheduled annual inspections, and maintenance activities,
including cleaning and proper disposal of waste removed from the
system. Secondary Permittees shall properly maintain stormwater
collection and conveyance systems owned or operated by the Secondary
Permittee, and regularly inspect and maintain all stormwater facilities to
ensure facility function.
Secondary Permittees shall establish maintenance standards that are as
protective or more protective of facility function than those specified in
the the Stormwater Management Manual for Eastern Washington.
Secondary Permittees shall review their maintenance standards to ensure
they are consistent with the requirements of this Section.
Secondary Permittees shall conduct spot checks of potentially damaged
permanent stormwater treatment and flow control facilities following
major storm events (24-hour storm event with a 10-year or greater
recurrence interval).
Roads, highways, and parking lots. The O&M Plan shall address, at a
minimum: deicing, anti-icing, and snow removal practices, snow disposal
areas, material (e.g., salt, sand, or other chemical) storage areas, all-
season BMPs to reduce road and parking lot debris, and other pollutants
from entering the MS4.
Vehicle fleets. The O&M Plan shall address, at a minimum: storage,
washing, and maintenance of Secondary Permittee vehicle fleets; and
fueling facilities. Secondary Permittees shall conduct all vehicle and
equipment washing and maintenance in a self-contained covered
building or in designated wash and/or maintenance areas.
External building maintenance. The O&M Plan shall address, at a
minimum: building exterior cleaning and maintenance, including
cleaning, washing, painting; maintenance and management of
dumpsters; and other maintenance activities. For buildings owned by the
Secondary Permittee and built between 1950 and 1980, the O&M Plan
shall include building material assessment for PCBs consistent with How
to Find PCBs in Building Materials guidance (Ecology, 2022; Publication
No. 22-040-024) prior to exterior building washdown. Structures
confirmed or suspected to have PCB-containing materials shall not
discharge washdown to the MS4.
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 59 of 86
Stormwater Permit – August 1, 2024
Preparing Permittee-owned buildings for renovation or demolition. The
O&M Plan shall address Source Control BMPs for building materials to
prevent PCBs from entering the MS4 in preparation for and during
demolition and renovations.
Parks and open space. The O&M Plan shall address, at a minimum:
proper application of fertilizer, pesticides, and herbicides; sediment and
erosion control; BMPs for landscape maintenance and vegetation
disposal; and trash and pet waste management.
Material storage facilities and heavy equipment maintenance or storage
yards. Secondary Permittees shall develop and implement a Stormwater
Pollution Prevention Plan (SWPPP) to protect water quality at each of
these facilities owned or operated by the Secondary Permittee and not
covered under the Industrial Stormwater General Permit or another
NPDES permit that authorizes stormwater discharges associated with the
activity.
Other facilities that would reasonably be expected to discharge
contaminated runoff. The O&M Plan shall address proper stormwater
pollution prevention practices for each facility.
The importance of protecting water quality.
The requirements of this Permit.
Operation and maintenance requirements.
Inspection procedures.
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S6.D. Stormwater Management Program for Secondary Permittees
Eastern Washington Phase II Municipal Page 60 of 86
Stormwater Permit – August 1, 2024
Ways to perform their job activities to prevent or minimize impacts to
water quality.
Procedures for reporting water quality concerns, including potential illicit
discharges and spills.
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S7.A TMDL Specific Requirements
Eastern Washington Phase II Municipal Page 61 of 86
Stormwater Permit – August 1, 2024
S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD REQUIREMENTS
The following requirements apply if an applicable TMDL is approved for stormwater
discharges from MS4s owned or operated by the Permittee. Applicable TMDLs are
TMDLs which have been approved by EPA on or before the issuance date of this Permit
or prior to the date that Ecology issues coverage, whichever is later.
A.TMDL Specific Requirements
1.For applicable TMDLs listed in Appendix 2 – Total Maximum Daily Load
Requirements, affected Permittees shall comply with the specific requirements
identified in Appendix 2. Each Permittee shall keep records of all actions
required by this Permit that are relevant to applicable TMDLs within their
jurisdiction. The status of the TMDL implementation shall be included as part of
the Annual Report submitted to Ecology. Each Annual Report shall include a
summary of relevant SWMP and Appendix 2 activities conducted in the TMDL
area to address the applicable TMDL parameter(s).
2.For applicable TMDLs not listed in Appendix 2, compliance with this Permit shall
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S8.A Tree Canopy Assessment
Eastern Washington Phase II Municipal Page 62 of 86
Stormwater Permit – August 1, 2024
S8. MONITORING AND ASSESSMENT
A.Tree Canopy Assessment
1.No later than December 31, 2028, Permittees shall adopt and implement tree
canopy goals and policies in order to support stormwater management and
water quality improvement in receiving waters.
B.Stormwater Management Program (SWMP) Effectiveness and Source
Identification Studies
Each city and county Permittee listed in Sections S1.D.2.a.i and S1.D.2.a.ii shall:
1.Continue to participate in implementation of the Ecology-approved studies that
were selected pursuant to Section S8 in the Eastern Washington Phase II
Municipal Stormwater Permits (2014-2019 and 2019-2024), if applicable.
2.All city and county Permittees shall notify Ecology in writing which of the
following options in Section S8.B.3 for Effectiveness and Source Identification
Studies the Permittee chooses to carry out during this permit term. The written
notification shall be certified in accordance with Section G19 – Certification and
Signature and is due to Ecology no later than December 1, 2024.
3.Each Permittee shall select one option for the permit term. Any option will fully
satisfy the Permittee’s obligations under this Section (S8.B.3):
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S8.C Regional SWMP Effectiveness Study
Eastern Washington Phase II Municipal Page 63 of 86
Stormwater Permit – August 1, 2024
Permittees shall provide information, as requested, for effectiveness and
source identification studies that are under contract with Ecology as
active SAM projects. These requests will be limited to records of SWMP
activities and associated data tracked and/or maintained in accordance
with Sections S5 – Stormwater Management Program for Cities, Towns,
and Counties and/or S9 – Reporting Requirements. A maximum of three
requests during the permit term will be transmitted from the SAM
Coordinator to the Permittee’s permit coordinator via Ecology’s regional
permit manager. The Permittee shall have 90 days to provide the
requested information.
C.Regional SWMP Effectiveness Study
1.This Section applies to all Permittees who choose to coordinate with other
Permittees in their Urban Area to plan and begin an additional Stormwater
Management Program effectiveness study per Section S8.B.3.a.
2.Permittees shall participate by one or more of the following options:
3.Submit a brief description of the study to Ecology, with a list of project
participants and each participant’s associated role(s) in the study, on or before
June 30, 2025.
4.Submit a detailed study design proposal to Ecology on or before June 30, 2026.
5.Submit a completed QAPP to Ecology on or before December 31, 2026.
6.Begin to conduct the study on or before June 30, 2027, or within three months
of receiving Ecology’s approval of the QAPP (whichever is later).
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7.Include effectiveness study activities (e.g., assigned duties; participation in
meetings, proposal development, and project reviews; and study
implementation) in the Permittee’s updated SWMP Plan.
8.All participating Permittees shall track assigned duties and record participation in
effectiveness study meetings, proposal development, project reviews, and study
implementation, and include a detailed summary in the Permittee’s Annual
Report.
9.Every Lead Entity shall follow the reporting requirements and timelines in the
approved QAPP for the study, including:
10.Within 90 days of completing the study, submit the final report and fact sheet to
Ecology with the results of the study and recommended future actions based on
the findings.
D.Payments into the Stormwater Action Monitoring Collective Fund
1.This Section applies to all Permittees who choose to make annual payments into
the SAM collective funds for Section S8.B.3.b – Stormwater Management
Program Effectiveness and Source Identification Studies.
2.Each Permittee’s Section S8.B payment amounts are listed in Appendix 8 and in
the invoices that will be sent to the Permittee approximately three months in
advance of each payment due date. Mail payments according to the instructions
in the invoice.
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S8.E Stormwater Discharge Monitoring
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E. Stormwater Discharge Monitoring
1.This Section applies only to Permittees who choose to conduct stormwater
discharge monitoring, per Section S8.B.3.c, in lieu of participation in the
effectiveness and source identification studies.
2.Permittees shall conduct monitoring in accordance with Appendix 9 and an
Ecology-approved Quality Assurance Project Plan (QAPP) as follows:
3.Data and analyses shall be reported annually in accordance with the Ecology-
approved QAPP. Each Permittee shall enter into the Department’s
Environmental Information Management (EIM) database all water and solids
concentration data collected pursuant to Appendix 9, as applicable.
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S8.A Annual Report Submittal
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S9. REPORTING & RECORDKEEPING REQUIREMENTS
A.Annual Report Submittal
No later than March 31 of each year beginning in 2025, each Permittee shall submit
an Annual Report. The reporting period for the first Annual Report will be January 1,
2024, through December 31, 2024. The reporting period for all subsequent Annual
Reports will be the previous calendar year, unless otherwise specified.
Permittees shall submit Annual Reports electronically using Ecology’s WQWebPortal
program available on Ecology’s website, unless otherwise directed by Ecology.
Permittees unable to submit electronically through Ecology’s WQWebPortal shall
contact Ecology to request a waiver and obtain instructions on how to submit an
Annual Report in an alternative format.
B.Records Retention
Each Permittee is required to keep all records related to this Permit for at least five
years after the expiration date of this Permit.
C.Records Available to the Public
Each Permittee shall make all records related to this Permit and the Permittee’s
SWMP available to the public at reasonable times during business hours. The
Permittee will provide a copy of the most recent Annual Report to any individual or
entity, upon request.
1.A reasonable charge may be assessed by the Permittee for making photocopies
of records.
2.The Permittee may require reasonable advance notice of intent to review
records related to this Permit.
D.Annual Report for Cities, Towns, and Counties
Each Annual Report shall include the following:
1.A copy of the Permittee’s current Stormwater Management Program Plan
(SWMP Plan), as required by Section S5.A.4.
2.Submittal of the Annual Report form as provided by Ecology pursuant to Section
S9, describing the status of implementation of the requirements of this Permit
during the reporting period.
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3.Attachments to the Annual Report form including summaries, descriptions,
reports, and other information, as required or as applicable, to meet the
conditions of this Permit during the reporting period, or as a required submittal.
Refer to Appendix 3 for Annual Report questions.
4.If applicable, notice that the MS4 is relying on another entity to satisfy any of the
obligations under this Permit.
5.Certification and signature pursuant to Section G19.D, and notification of any
changes to authorization pursuant to Section G19.C.
6.Permittees shall include with the Annual Report, notification of any annexations,
incorporations or jurisdictional boundary changes resulting in an increase or
decrease in the Permittee’s geographic area of permit coverage during the
reporting period.
E.Annual Report for Secondary Permittees
Each Annual Report shall include the following:
1.A copy of the Permittee’s current Stormwater Management Program Plan
(SWMP Plan), as required by Section S6.A.2.
2.Submittal of the Annual Report form, as provided by Ecology pursuant to Section
S9, describing the status of implementation of the requirements of this Permit
during the reporting period.
3.Attachments to the Annual Report form including summaries, descriptions,
reports, and other information, as required or as applicable, to meet the
conditions of this Permit during the reporting period. Refer to Appendix 4 for
Annual Report questions.
4.Certification and signature pursuant to Section G19.D, and notification of any
changes to authorization pursuant to Section G19.C.
5.If applicable, notice that the MS4 is relying on another entity to satisfy any of the
obligations under this Permit.
6.Secondary Permittees shall include with the Annual Report, notification of any
jurisdictional boundary changes resulting in an increase or decrease in the
Permittee’s geographic area of permit coverage during the reporting period.
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GENERAL CONDITIONS
G1. DISCHARGE VIOLATIONS
All discharges and activities authorized by this Permit shall be consistent with the terms
and conditions of this Permit.
G2. PROPER OPERATION AND MAINTENANCE
The Permittee shall, at all times, properly operate and maintain all facilities and systems
of collection, treatment, and control (and related appurtenances) which are installed or
used by the Permittee for pollution control to achieve compliance with the terms and
conditions of this Permit.
G3. NOTIFICATION OF DISCHARGE INCLUDING SPILLS
If a Permittee has knowledge of a discharge, including spills, into or from a MS4 which
could constitute a threat to human health, welfare, or the environment, the Permittee
shall:
A.Take appropriate action to correct or minimize the threat to human health, welfare,
and/or the environment;
B.Notify the Ecology regional office and other appropriate spill response authorities
immediately, but in no case later than within 24 hours of obtaining that knowledge;
and
C.Immediately report spills or discharges of oils or hazardous substances to the
Ecology regional office, and to the Washington Emergency Management Division at
1-800-258-5990.
G4. BYPASS PROHIBITED
The intentional bypass of stormwater from all or any portion of a stormwater treatment
BMP, whenever the design capacity of the treatment BMP is not exceeded, is prohibited
unless the following conditions are met:
A.Bypass is: (1) unavoidable to prevent loss of life, personal injury, or severe property
damage; or (2) necessary to perform construction or maintenance-related activities
essential to meet the requirements of the Clean Water Act (CWA); and
B.There are no feasible alternatives to bypass such as the use of auxiliary treatment
facilities, retention of untreated stormwater, or maintenance during normal dry
periods.
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"Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which would cause them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass.
G5. RIGHT OF ENTRY
The Permittee shall allow an authorized representative of Ecology, upon the
presentation of credentials and such other documents as may be required by law, at
reasonable times:
A.To enter upon the Permittee's premises where a discharge is located or where any
records shall be kept under the terms and conditions of this Permit;
B.To have access to, and copy at reasonable cost and at reasonable times, any records
that shall be kept under the terms of the Permit;
C.To inspect, at reasonable times, any monitoring equipment or method of monitoring
required in the Permit;
D.To inspect, at reasonable times, any collection, treatment, pollution management,
or discharge facilities; and
E.To sample, at reasonable times, any discharge of pollutants.
G6. DUTY TO MITIGATE
The Permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this Permit which has a reasonable likelihood of adversely affecting human
health or the environment.
G7. PROPERTY RIGHTS
This Permit does not convey any property rights of any sort, or any exclusive privilege.
G8. COMPLIANCE WITH OTHER LAWS AND STATUTES
Nothing in this Permit will be construed as excusing the Permittee from compliance with
any other applicable federal, state, or local statutes, ordinances, or regulations.
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G9. MONITORING
A.Representative Sampling
Samples and measurements taken to meet the requirements of this Permit shall be
representative of the volume and nature of the monitored discharge, including
representative sampling of any unusual discharge or discharge condition, including
bypasses, upsets, and maintenance-related conditions affecting effluent quality.
B.Records Retention
The Permittee shall retain records of all monitoring information, including all
calibration and maintenance records and all original recordings for continuous
monitoring instrumentation, copies of all reports required by this Permit, and
records of all data used to complete the application for this Permit, for a period of at
least five years. This period of retention shall be extended during the course of any
unresolved litigation regarding the discharge of pollutants by the Permittee or when
requested by Ecology. On request, monitoring data and analysis shall be provided to
Ecology.
C.Recording of Results
For each measurement or sample taken, the Permittee shall record the following
information: (1) the date, exact place and time of sampling; (2) the individual who
performed the sampling or measurement; (3) the dates the analyses were
performed; (4) who performed the analyses; (5) the analytical techniques or
methods used; and (6) the results of all analyses.
D.Test Procedures
All sampling and analytical methods used to meet the monitoring requirements
specified in this Permit shall conform to the Guidelines Establishing Test Procedures
for the Analysis of Pollutants contained in 40 CFR Part 136, unless otherwise
specified in this Permit or approved in writing by Ecology.
E.Flow Measurement
Appropriate flow measurement devices and methods consistent with accepted
scientific practices shall be selected and used to ensure the accuracy and reliability
of measurements of the volume of monitored discharges. The devices shall be
installed, calibrated, and maintained to ensure that the accuracy of the
measurements is consistent with the accepted industry standard for that type of
device. Frequency of calibration shall be in conformance with manufacturer's
recommendations or at a minimum frequency of at least one calibration per year.
Calibration records should be maintained for a minimum of three years.
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F.Lab Accreditation
All monitoring data, except for flow, temperature, conductivity, pH, total residual
chlorine, and other exceptions approved by Ecology, shall be prepared by a
laboratory registered or accredited under the provisions of, Accreditation of
Environmental Laboratories, Chapter 173-50 WAC. Soils and hazardous waste data
are exempted from this requirement pending accreditation of laboratories for
analysis of these media by Ecology. Quick methods of field detection of pollutants,
including nutrients, surfactants, salinity, and other parameters, are exempted from
this requirement when the purpose of the sampling is identification and removal of
a suspected illicit discharge.
G.Additional Monitoring
Ecology may establish specific monitoring requirements in addition to those
contained in this Permit by permit modification.
G10. REMOVED SUBSTANCES
With the exception of decant from street waste vehicles, the Permittee shall not allow
collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in
the course of treatment or control of stormwater to be re-suspended or reintroduced to
the MS4 or to waters of the State. Decant from street waste vehicles resulting from
cleaning stormwater facilities may be reintroduced only when other practical means are
not available, and only in accordance with the Street Waste Disposal guidelines in
Appendix 6. Solids generated from maintenance of the MS4 may be reclaimed, recycled,
or reused when allowed by local codes and ordinances. Soils that are identified as
contaminated pursuant to Chapter 173-350 WAC shall be disposed at a qualified solid
waste disposal facility (see Appendix 6).
G11. SEVERABILITY
The provisions of this Permit are severable, and if any provision of this Permit, or the
application of any provision of this Permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder of this Permit
will not be affected thereby.
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General Conditions G12-G14DISCHARGE VIOLATIONS
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G12. REVOCATION OF COVERAGE
The director may terminate coverage under this General Permit in accordance with
Chapter 43.21B RCW and Chapter 173-226 WAC. Cases where coverage may be
terminated include, but are not limited to, the following:
A.Violation of any term or condition of this General Permit;
B.Obtaining coverage under this General Permit by misrepresentation or failure to
disclose fully all relevant facts;
C.A change in any condition that requires either a temporary or permanent reduction
or elimination of the permitted discharge;
D.A determination that the permitted activity endangers human health or the
environment, or contributes significantly to water quality standards violations;
E.Failure or refusal of the Permittee to allow entry, as required in RCW 90.48.090; and
F.Nonpayment of permit fees assessed pursuant to RCW 90.48.465 and Chapter 173-
224 WAC.
Revocation of coverage under this General Permit may be initiated by Ecology or
requested by any interested person.
G13. TRANSFER OF COVERAGE
The director may require any discharger authorized by this General Permit to apply for
and obtain an individual permit in accordance with Chapter 43.21B RCW and Chapter
173-226 WAC.
G14. GENERAL PERMIT MODIFICATION AND REVOCATION
This General Permit may be modified, revoked and reissued, or terminated in
accordance with the provisions of WAC 173-226-230. Grounds for modification,
revocation and re-issuance, or termination include, but are not limited to, the following:
A.A change occurs in the technology or practices for control or abatement of
pollutants applicable to the category of dischargers covered under this General
Permit;
B.Effluent limitation guidelines or standards are promulgated pursuant to the CWA or
Chapter 90.48 RCW, for the category of dischargers covered under this General
Permit;
C.A water quality management plan containing requirements applicable to the
category of dischargers covered under this General Permit is approved;
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D.Information is obtained which indicates that cumulative effects on the environment
from dischargers covered under this General Permit are unacceptable; or
E.Changes made to State law reference this General Permit.
G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION
A Permittee who knows or has reason to believe that any activity has occurred or will
occur which would constitute cause for modification or revocation and re-issuance
under General Condition G12 or G14, or 40 CFR 122.62 shall report such plans, or such
information, to Ecology so that a decision can be made on whether action to modify, or
revoke and reissue this Permit will be required. Ecology may then require submission of
a new or amended application. Submission of such application does not relieve the
Permittee of the duty to comply with this Permit until it is modified or reissued.
G16. APPEALS
A.The terms and conditions of this General Permit, as they apply to the appropriate
class of dischargers, are subject to appeal within thirty days of issuance of this
General Permit in accordance with Chapter 43.21B RCW and Chapter 173-226 WAC.
B.The terms and conditions of this General Permit, as they apply to an individual
discharger, can be appealed in accordance with Chapter 43.21B RCW within thirty
days of the effective date of coverage of that discharger. Consideration of an appeal
of general permit coverage of an individual discharger is limited to the general
permit's applicability or non-applicability to that individual discharger.
C.The appeal of general permit coverage of an individual discharger does not affect
any other dischargers covered under this General Permit. If the terms and conditions
of this General Permit are found to be inapplicable to any individual discharger(s),
the matter will be remanded to Ecology for consideration of issuance of an
individual permit or permits.
D.Modifications of this Permit can be appealed in accordance with Chapter 43.21B
RCW and Chapter 173-226 WAC.
G17. PENALTIES
40 CFR 122.41(a)(2) and (3), 40 CFR 122.41(j)(5), and 40 CFR 122.41(k)(2) are hereby
incorporated into this Permit, by reference.
G18. DUTY TO REAPPLY
The Permittee shall apply for Permit renewal at least 180 days prior to the specified
expiration date of this Permit.
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G19. CERTIFICATION AND SIGNATURE
All formal submittals to Ecology shall be signed and certified.
A.All permit applications shall be signed by either a principal executive officer or
ranking elected official.
B.All formal submittals required by this Permit shall be signed by a person described
above or by a duly authorized representative of that person. A person is a duly
authorized representative only if:
1.The authorization is made in writing by a person described above and submitted
to Ecology; and
2.The authorization specifies either an individual or a position having responsibility
for the overall development and implementation of the Stormwater
Management Program. (A duly authorized representative may thus be either a
named individual or any individual occupying a named position.)
C.Changes to authorization. If an authorization under General Condition G19.B.2 is no
longer accurate because a different individual or position has responsibility for the
overall development and implementation of the Stormwater Management Program,
a new authorization satisfying the requirements of General Condition G19.B.2 shall
be submitted to Ecology prior to or together with any reports, information, or
applications to be signed by an authorized representative.
D.Certification. Any person signing a formal submittal under this Permit shall make the
following certification:
“I certify under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that Qualified Personnel properly gathered and evaluated the
information submitted. Based on my inquiry of the person or persons who
manage the system or those persons directly responsible for gathering
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for willful violations.”
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G20. NON-COMPLIANCE NOTIFICATION
In the event it is unable to comply with any of the terms and conditions of this Permit,
the Permittee shall:
A.Notify Ecology of the failure to comply with the permit terms and conditions in
writing within 30 days of becoming aware that the non-compliance has occurred.
The written notification shall include all of the following:
1.A description of the non-compliance, including dates;
2.Beginning and ending dates of the non-compliance and, if the non-compliance
has not been corrected, the anticipated date of correction; and
3.Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the non-
compliance.
B.Take appropriate action to stop or correct the condition of non-compliance.
G21. UPSETS
Permittees shall meet the conditions of 40 CFR 122.41(n) regarding “Upsets.” The
conditions are as follows:
A.Definition. “Upset” means an exceptional incident in which there is unintentional
and temporary noncompliance with technology-based permit effluent limitations
because of factors beyond the reasonable control of the Permittee. An upset does
not include noncompliance to the extent caused by operational error, improperly
designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
B.Effect of an upset. An upset constitutes an affirmative defense to an action brought
for noncompliance with such technology-based permit effluent limitations if the
requirements of paragraph (C) of this condition are met. Any determination made
during administrative review of claims that noncompliance was caused by upset, and
before an action for noncompliance, will not constitute final administrative action
subject to judicial review.
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C.Conditions necessary for demonstration of upset. A Permittee who wishes to
establish the affirmative defense of upset shall demonstrate, through properly
signed contemporaneous operating logs or other relevant evidence, that:
1.An upset occurred and that the Permittee can identify the cause(s) of the upset;
2.The permitted facility was at the time being properly operated;
3.The Permittee submitted notice of the upset as required in 40 CFR
122.41(l)(6)(ii)(B) (24-hour notice of noncompliance); and
4.The Permittee complied with any remedial measures required under 40 CFR
122.41(d) (Duty to Mitigate).
D.Burden of proof. In any enforcement proceeding, the Permittee seeking to establish
the occurrence of an upset has the burden of proof.
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DEFINITIONS AND ACRONYMS
40 CFR means Title 40 of the Code of Federal Regulations, which is the codification of the
general and permanent rules published in the Federal Register by the executive departments
and agencies of the federal government.
AADT means Annual Average Daily Traffic.
AKART means All Known, Available, and Reasonable methods of prevention, control, and
Treatment.
All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment refers
to the state Water Pollution Control Act, RCWs 90.48.010 and 90.48.520.
Applicable TMDL means a TMDL which has been approved by EPA on or before the issuance
date of this Permit, or prior to the date that Ecology issues coverage under this Permit,
whichever is later.
Arterial Road means a road or street intended to move high volumes of traffic over long
distances at high speed, with partial control of access, having some intersections at grade. A
major arterial connects an interstate highway to cities and counties. A minor arterial connects
major arterials to collectors. A collector connects an arterial to a neighborhood (a collector is
not an arterial). A local access road connects individual residences to a collector.
Average Daily Traffic means the expected number of vehicles using a roadway. Projected
average daily traffic volumes are considered in designing a roadway or roadway improvement.
ADT volumes shall be estimated using “Trip Generation” published by the Institute of
Transportation Engineers or from a traffic study prepared by a professional engineer or
transportation specialist with expertise in traffic volume estimation. ADT volumes shall be
estimated for the design year or expected life of the project (the intent is for treatment
facilities to be added in the soonest period of disruptive construction). For project sites with
seasonal or varied use, evaluate the highest period of expected traffic impacts.
Beneficial Uses means uses of waters of the State, which include, but are not limited to: use for
domestic, stock watering, industrial, commercial, agricultural, irrigation, mining, fish and
wildlife maintenance and enhancement, recreation, generation of electric power, and
preservation of environmental and aesthetic values, and all other uses compatible with the
enjoyment of the public waters of the State.
Best Management Practices are the schedules of activities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices approved by Ecology that,
when used singly or in combination, prevent or reduce the release of pollutants and other
adverse impacts to waters of Washington State.
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BMP means Best Management Practice.
Bypass means the diversion of stormwater from any portion of a stormwater treatment facility.
Circuit means a portion of a MS4 discharging to a single point or serving a discrete area
determined by traffic volumes, land use, topography, or the configuration of the MS4.
Component or Program Component means an element of the Stormwater Management
Program listed in Sections S5 - Stormwater Management Program for Cities, Towns, and
Counties, S6 – Stormwater Management Program for Secondary Permittees, S7 – Compliance
with Total Maximum Daily Load Requirements, or S8 – Monitoring and Assessment of this
Permit.
Conveyance System means that portion of the municipal separate storm sewer system
designed or used for conveying stormwater.
Co-Permittee means any owner or operator of a regulated small MS4 that is in a cooperative
agreement with at least one other applicant for coverage under this Permit. A Co-Permittee
owns or operates a regulated small MS4 located within or in proximity to another regulated
MS4. A Co-Permittee is only responsible for complying with the conditions of this Permit
relating to discharges from the MS4 the Co-Permittee owns or operates. See also 40 CFR
122.26(b)(1).
CWA means the federal Clean Water Act (formerly referred to as the federal Water Pollution
Control Act or federal Water Pollution Control Act Amendments of 1972) Pub. L. 92-500, as
amended in Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117, 33 U.S.C. 1251
et. seq.
Director means the Director of the Washington State Department of Ecology or an authorized
representative.
Discharge Point means the location where a discharge leaves the Permittee’s MS4 through the
Permittee’s MS4 facilities/BMPs designed to infiltrate.
Entity means a governmental body or a public or private organization.
EPA means the U.S. Environmental Protection Agency.
Existing Conditions are the impervious surfaces, drainage systems, land cover, native
vegetation and soils that exist at a site prior to any changes associated with achieving the
proposed development conditions. Approved permits and engineering plans may be required.
If sites have impervious areas and drainage systems that were built without approved permits,
then the existing condition is defined as those that existed prior to the issue date of this Permit.
Existing conditions may be verified by using aerial photography or other records. Existing
conditions are used for hydrologic analysis at the site unless a city or county imposes other
requirements.
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Fully Stabilized means the establishment of a permanent vegetative cover, or equivalent
permanent stabilization measures (such as riprap, gabions, or geotextiles) which prevents
erosion.
General Permit means a permit which covers multiple dischargers of a point source category
within a designated geographical area, in lieu of individual permits being issued to each
discharger.
Groundwater means water in a saturated zone or stratum beneath the surface of the land or
below a surface water body. Refer to Chapter 173-200 WAC.
Hazardous Substance means any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical, or biological properties described in WAC 173-303-090 or WAC 173-303-100.
Heavy Equipment Maintenance or Storage Yard means an uncovered area where any heavy
equipment such as mowing equipment, excavators, dump trucks, backhoes, or bulldozers are
washed or maintained, or where at least five pieces of heavy equipment are stored on a long
term basis.
High Potential for Sediment Transport means any project that does not qualify for the Erosivity
Waiver as described in Appendix 1.
Hyperchlorinated means water that contains more than 10 mg/Liter chlorine.
Illicit Connection means any infrastructure connection to the MS4 that is not intended,
permitted, or used for collecting and conveying stormwater or non-stormwater discharges
allowed as specified in this Permit (Sections S5.B.3 and S6.D.3). Examples include sanitary sewer
connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected
directly to the MS4.
Illicit Discharge means any discharge to a MS4 that is not composed entirely of stormwater or
of non-stormwater discharges allowed as specified in this Permit (Sections S5.B.3 and S6.D.3).
LID means Low Impact Development.
Land-Disturbing Activity means any activity that results in movement of earth or a change in
the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography.
Land-disturbing activities include, but are not limited to, clearing, grading, filling, and
excavation. Compaction associated with stabilization of structures and road construction shall
also be considered a land-disturbing activity. Vegetation maintenance practices are not
considered land-disturbing activity.
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Low Impact Development means a stormwater and land use management strategy that strives
to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation,
and transpiration by emphasizing conservation, use of on-site natural features, site planning,
and distributed stormwater management practices that are integrated into a project design.
Material Storage Facilities means an uncovered area where bulk materials (e.g., liquid, solid,
granular, etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
Maximum Extent Practicable refers to paragraph 402(p)(3)(B)(iii) of the federal Clean Water
Act, which reads as follows: “Permits for discharges from municipal storm sewers shall require
controls to reduce the discharge of pollutants to the maximum extent practicable, including
management practices, control techniques, and system, design, and engineering methods, and
other such provisions as the Administrator or the State determines appropriate for the control
of such pollutants.”
MEP means Maximum Extent Practicable.
MS4 means Municipal Separate Storm Sewer System.
Municipal Separate Storm Sewer means a conveyance, or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade
channels, or storm drains):
1.Owned or operated by a state, city, town, borough, county, parish, district, association,
or other public body (created by or pursuant to State Law) having jurisdiction over
disposal of wastes, stormwater, or other wastes, including special districts under State
Law such as a sewer district, flood control district or drainage district, or similar entity,
or an Indian tribe or an authorized Indian tribal organization, or a designated and
approved management agency under Section 208 of the CWA that discharges to waters
of Washington State;
2.Designed or used for collecting or conveying stormwater;
3.Which is not a combined sewer;
4.Which is not part of a Publicly Owned Treatment Works (POTW), as defined at 40 CFR
122.2; and
5.Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology
pursuant to 40 CFR 122.26.
DRAFT
Page 83 of 208
Eastern Washington Phase II Municipal Page 81 of 86
Stormwater Permit – August 1, 2024
National Pollutant Discharge Elimination System means the national program for issuing,
modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under Sections 307, 402, 318, and 405 of
the federal Clean Water Act, for the discharge of pollutants to surface waters of the State from
point sources. These permits are referred to as NPDES permits and, in Washington State, are
administered by the Washington State Department of Ecology.
New Development means land disturbing activities, including Class IV general forest practices
that are conversions from timber land to other uses; structural development, including
construction or installation of a building or other structure; creation of impervious surfaces;
and subdivision, short subdivision and binding site plans, as defined and applied in Chapter
58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new
development.
New Permittee means a city, town, or county that is subject to the Eastern Washington Phase II
Municipal Stormwater General Permit and was not subject to the Permit prior to August 1,
2024.
New Secondary Permittee means a Secondary Permittee that is covered under a Municipal
Stormwater General Permit and was not covered by the Permit prior to August 1, 2024.
NOI means Notice of Intent.
Notice of Intent means an application or request for coverage under a General NPDES Permit
pursuant to WAC 173-226-200.
NPDES means National Pollutant Discharge Elimination System.
Outfall means point source, as defined by 40 CFR 122.2, at the point where a discharge leaves
the MS4 and enters a surface receiving waterbody or surface receiving waters. Outfall does not
include pipes, tunnels, or other conveyances which connect segments of the same stream or
other surface waters and are used to convey primarily surface waters (i.e., culverts).
DRAFT
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Eastern Washington Phase II Municipal Page 82 of 86
Stormwater Permit – August 1, 2024
Overburdened Community means a geographic area where vulnerable populations face
combined, multiple environmental harms and health impacts, and includes, but is not limited
to, highly impacted communities.
“Vulnerable populations" means population groups that are more likely to be at higher
risk for poor health outcomes in response to environmental harms, due to:
(i)Adverse socioeconomic factors such as unemployment, high housing and
transportation costs relative to income, limited access to nutritious food and
adequate health care, linguistic isolation, and other factors that negatively affect
health outcomes and increase vulnerability to the effects of environmental
harms; and
(ii)Sensitivity factors such as low birth weight and higher rates of hospitalization.
"Vulnerable populations" includes, but is not limited to:
•Racial or ethnic minorities;
•Low-income populations;
•Populations disproportionately impacted by environmental harms; and
•Populations of workers experiencing environmental harms.
“Highly impacted community" means a community designated by the Department of
Health based on cumulative impact analyses or a community located in census tracts
that are fully or partially on "Indian country", as defined in 18 U.S.C. Sec. 1151.
PCBs means Polychlorinated biphenyls.
Permittee unless otherwise noted, includes Co-Permittee, Secondary Permittee, and New
Secondary Permittee.
PFAS means Per and Polyfluorinated Substances.
PGIS means Pollutant Generating Impervious Surfaces.
Physically Interconnected means that one MS4 is connected to another storm sewer system in
such a way that it allows for direct discharges to the second system. For example, the roads
with drainage systems and municipal streets of one entity are physically connected directly to a
storm sewer system belonging to another entity.
DRAFT
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Eastern Washington Phase II Municipal Page 83 of 86
Stormwater Permit – August 1, 2024
Pollutant-Generating Impervious Surfaces are surfaces that are considered to be significant
sources of pollutants in stormwater runoff. Such surfaces include those that are subject to
vehicular use, industrial activities, or storage of erodible or leachable materials that receive
direct rainfall or run-on or blow-in of rainfall. Metal roofs are considered to be PGIS unless
coated with an inert, non-leachable material. Roofs that are subject to venting of indoor
pollutants from manufacturing, commercial, or other operations or processes are also
considered PGIS. A surface, whether paved or not, will be considered PGIS if it is regularly used
by motor vehicles. The following are considered regularly-used surfaces: roads, unvegetated
road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots,
unfenced fire lanes, vehicular equipment storage yards, and airport runways.
Proposed Development Conditions are the impervious surfaces, drainage systems, land cover,
native vegetation, and soils that are proposed to exist at the site at the completion of the
project (complete build-out). Also called “post-developed conditions.”
QAPP means Quality Assurance Project Plan.
Qualified Personnel means someone who has had professional training in the aspects of
stormwater management for which they are responsible and are under the functional control
of the Permittee. Qualified Personnel may be staff members, contractors, or trained volunteers
with professional certification. Permitters may train and certify volunteers.
Qualified Third Party means someone who has had professional training in the aspects of
stormwater management for which they are responsible but are hired by private entities and
not under the functional control of the Permittee. Qualified Third Parties may be contractors or
consultants.
Quality Assurance Project Plan means a document that describes the objectives of an
environmental study and the procedures to be followed to achieve those objectives.
RCW means the Revised Code of Washington State.
Redevelopment means on a site that is already substantially developed (i.e. has 35% or more of
existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a
building footprint or addition or replacement of a structure; structural development including
construction, installation or expansion of a building or other structure; replacement of hard
surface that is not part of a routine maintenance activity; and land disturbing activities.
Receiving Waterbody or Receiving Waters means naturally and/or reconstructed naturally
occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and
marine waters, or groundwater, to which a MS4 discharges.
DRAFT
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Eastern Washington Phase II Municipal Page 84 of 86
Stormwater Permit – August 1, 2024
Regulated Small Municipal Separate Storm Sewer System means a Municipal Separate Storm
Sewer System which is automatically designated for inclusion in the Phase II stormwater
permitting program by its location within an Urban Area, or by designation by Ecology, and is
not eligible for a waiver or exemption under Section S1.C.
Runoff is water that travels across the land surface, or laterally through the ground near the
land surface, and discharges to water bodies either directly or through a collection and
conveyance system. See also “Stormwater.”
Rural Roads are roads located outside designated Urban Growth Management Areas.
Secondary Permittee is an operator of a MS4 that is not a city, town, or county. Secondary
Permittees include special purpose districts and other public entities that meet the criteria in
Section S1.B.
Shared Water Bodies means water bodies, including downstream segments, lakes, and
estuaries that receive discharges from more than one Permittee.
Small Municipal Separate Storm Sewer System or Small MS4 is a conveyance or system of
conveyances including roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, and/or storm drains which is not defined as a “large” or
“medium” MS4 pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26
(a)(1)(v).
State Waste Discharge means a permit issued in accordance with Chapter 173-216 WAC, State
Waste Discharge permit program.
Stormwater means runoff during and following precipitation and snowmelt events, including
surface runoff, drainage, or interflow.
Stormwater Action Monitoring (SAM) is the regional stormwater monitoring program for
Washington State. This means a stormwater-focused monitoring and assessment program
consisting of these components: status and trends monitoring in small streams and marine
nearshore areas, stormwater management program effectiveness studies, and source
identification projects. The priorities and scope for SAM are set by a formal stakeholder group
that selects the studies and oversees the program’s administration.
Stormwater Associated with Industrial and Construction Activity means the discharge from
any conveyance used for collecting and conveying stormwater directly related to
manufacturing, processing, or raw materials storage areas at an industrial plant, or associated
with clearing, grading, and/or excavation, and required to have an NPDES permit in accordance
with 40 CFR 122.26.
Stormwater Management Manual for Eastern Washington or SWMMEW means the technical
manual (Publication No. XX-XX-XXX) published by the Department of Ecology in 2024.
DRAFT
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Eastern Washington Phase II Municipal Page 85 of 86
Stormwater Permit – August 1, 2024
Stormwater Management Program means a set of actions and activities designed to reduce
the discharge of pollutants from the MS4 to the MEP and to protect water quality, and
comprising the components listed in Sections S5 or S6 of this Permit and any additional actions
necessary to meet the requirements of applicable TMDLs pursuant to S7 – Compliance with
TMDL Requirements and S8 – Monitoring and Assessment.
Surface Waters includes lakes, rivers, ponds, streams, inland waters, salt waters, and all other
surface waters and water courses within the jurisdiction of the State of Washington.
SWMMEW means the Stormwater Management Manual for Eastern Washington (2019).
SWMP means Stormwater Management Program.
SWMP Plan or SWMPP means Stormwater Management Program Plan.
TMDL means Total Maximum Daily Load.
TMDL Waste Load Allocation means the allowable load of a single pollutant from a single
contributing point source.
Total Maximum Daily Load means a water cleanup plan. A TMDL is a calculation of the
maximum amount of a pollutant that a water body can receive and still meet water quality
standards, and an allocation of that amount to the pollutant’s sources. A TMDL is the sum of
the allowable loads of a single pollutant from all contributing point and nonpoint sources. The
calculation shall include a margin of safety to ensure that the water body can be used for the
purposes the state has designated. The calculation shall also account for seasonable variation
in water quality. Water quality standards are set by states, territories, and tribes. They identify
the uses for each water body, for example, drinking water supply, contact recreation
(swimming), aquatic life support (fishing), and the scientific criteria to support that use. The
Clean Water Act, Section 303, establishes the water quality standards and TMDL programs.
Tributary Conveyance means pipes, ditches, catch basins, and inlets owned or operated by the
Permittee and designed or used for collecting and conveying stormwater.
UA means Urban Area.
Urban Growth Area means those areas designated by a county pursuant toRCW 36.70A.110.
Urban Area means urban areas with a population of 50,000 or more people. Urban Areas are
designated by the U.S. Census Bureau based on the most recent decennial census.
Urban Roads are roads located within designated Urban Growth Areas. Partially controlled
limited access highways located inside of Urban Growth Management Areas are considered
urban roads. Freeways, as defined above, are not considered urban roads for the purpose of
applying the Core Elements in Appendix 1.
DRAFT
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Eastern Washington Phase II Municipal Page 86 of 86
Stormwater Permit – August 1, 2024
Waters of the State includes those waters defined as “waters of the United States” in 40 CFR
122.2 within the geographic boundaries of Washington State, and “waters of the State” defined
in Chapter 90.48 RCW, which includes: lakes, rivers, ponds, streams, inland waters,
underground waters, salt waters, and all other surface waters and water courses within the
jurisdiction of the State of Washington.
Waters of the United States is as defined in 40 CFR 122.2.
Water Quality Standards means Surface Water Quality Standards, Chapter 173-201A WAC;
Groundwater Quality Standards, Chapter 173-200 WAC; and Sediment Management Standards,
Chapter 173-204 WAC.
DRAFT
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Pasco City Council Regular
Meeting
September 25 2023Page 90 of 208
The State of Washington Department of Ecology (DOE)
First Phase, 2007
National Pollutant Discharge Elimination System (NPDES)
Phase II Permits from EPA,1999
Municipal Stormwater Permits
August 1; 2019 through July 31, 2024
Phase II Permit Reissue
August 1; 2024 –July 31, 2029
Update: Eastern WA Phase II Municipal
Stormwater Permit Reissuance
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CLEAN WATER ACT
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES)
Washington State Dept of Ecology develops and administers municipal stormwater permits.
This permits requires local governments to manage and control stormwater runoff so that it
does not pollute downstream waters.
The City of Pasco is a Phase II Eastern Washington Municipal Stormwater Permittee with DOE.
Pasco’s current NPDES Eastern WA Phase II Municipal Stormwater Permit runs through July
31, 2024
Formal draft for upcoming permit cycle(August 1; 2024, to July 31; 2029) was released August
16, 2023
Clean Water Act
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Topics Covered by
Ad-Hoc Work Group February 2022
Eastern Washington Stormwater Work Group White Paper Topics:
❑Phase II Permit Conditions to Perform Effectiveness Studies
❑Education & Outreach Requirements
❑Scope of Coverage for MS4 and UIC
❑Stormwater Management Program (SWMP) Procedure Implementation.
❑Requiring the implementation of a business inspection program to
address source control and pollution prevention Page 93 of 208
City of Pasco Comments
Submitted to the DOE December 2022
EWA Phase II Municipal Stormwater Permit Informal Comments Items:
➢Tree Retention
➢Street Sweeping
➢Construction Site Stormwater Runoff Control
➢PCB’s education and outreachPage 94 of 208
Topics: Eastern Washington Stormwater Work Group
August-November 2023
Official Comments being submitted by November 10, 2023 :
o Regulatory threshold changes
o PFAS management plans
o Methods to provide outreach opportunities to overburdened communities
o Tree canopy assessment
o Street Sweeping documentation
o PCB management for building washdowns
o Education and outreach program evaluationPage 95 of 208
Upcoming Workshops and Hearings
•Impart information on proposed changes•Provide answers to questions•Allow public to offer formal testimony
Virtual Hearings:
November 6,2023,1:30 p.m.
In-person Hearing:
October 3, 2023, 9:30 a.m. at Moses
Lake Civic CenterPage 96 of 208
Questions?Page 97 of 208
PUBLIC WORKS DEPARTMENT (509) 544-4135
PO Box 293/525 North 3rd Ave. Pasco, WA 99301/www.pasco-wa.gov
Memo
To: Maria Serra
From: Michael Henao
Date: 9.07.2023
Project: Eastern Washington Phase II Stormwater Municipal Permit
Background:
The State of Washington Department of Ecology (DOE) develops and administers Clean Water
Act National Pollutant Discharge Elimination System (NPDES) municipal stormwater permits in
Washington. The Eastern Washington Phase II permit requires local governments to manage and
control stormwater runoff so that it does not pollute downstream waters.
The United States Environmental Protection Agency (EPA) issued the federal rule for Phase II of
the stormwater permit program in 1999. In 2007, DOE issued the first Phase II Municipal
Stormwater General Permits. DOE reissued the Phase II Municipal Stormwater Permit for
Eastern Washington in 2014.
The City of Pasco is a Phase II Eastern Washington Municipal Stormwater Permittee with DOE.
Pasco’s current NPDES Eastern WA Phase II Municipal Stormwater Permit runs from August 1,
2019, through July 31, 2024.
On August 16, 2023, DOE released the formal draft Eastern WA Phase II Municipal Stormwater
permit for the next permit cycles (Aug 1, 2024, to Jul 31, 2029). the public comment period for
the formal draft runs from August 16, 2023, until November 10, 2023.
Actions:
February 2022 - The City of Pasco was a leading participant in the Eastern Washington Ad Hoc
Work Group. A total of 27 municipalities, jurisdictions, government and non-government
entities, and educational institutions participated in the ad hoc work group to develop permit
suggestions for the upcoming 2024 Eastern Washington Phase II Municipal Stormwater Permit
reissuance. The following topic were cover in the white papers issued to the Department of
Ecology:
- EWA Phase II Permit Construction Site Stormwater Runoff Control Suggestions
Eastern Washington Phase II Municipal Stormwater Permit Reissue
Topic: Duplication in Terms of Eastern Washington Phase II Municipal Stormwater and
Construction General
Stormwater Permits
Permit Sections: S5.B.4 and Appendix 1
Page 98 of 208
- EWA Phase II Permit Effectiveness Study Requirement Suggestions
Eastern Washington Phase II Municipal Stormwater Permit Reissue
Topic: Phase II Permit Conditions to Perform Effectiveness Studies
Permit Section: Section S8.A.1
- EWA Phase II Permit Education & Outreach Requirements Suggestions
2024 Eastern Washington Phase II Municipal Stormwater Permit Reissuance
Topic: Education & Outreach Requirements
Permit Section: S5.B.1
- EWA Phase II Permit Scope of Coverage for MS4 and UIC Requirements Suggestions
2024 Eastern Washington Phase II Municipal Stormwater Permit Reissuance
Topic: Scope of Coverage for MS4 and UIC
Permit Section: Multiple Sections and Appendices
- EWA Phase II Permit Procedure Implementation Requirements Suggestions
2024 Eastern Washington Phase II Municipal Stormwater Permit Reissue
Topic: Stormwater Management Program (SWMP) Procedure Implementation
Requirements
Permit Section(s): Sections S5.B.3 through B.5 and S6.D.3 through D.5
- EWA Phase II Permit Business Inspection for Pollution Prevention (Source Control)
Suggestions
2024 Eastern Washington Phase II Municipal Stormwater Permit Reissue
Topic: Requiring the implementation of a business inspection program to address
pollution prevention
Permit Section: Not included in EWA Phase II Municipal Stormwater Permits
December 2022 - The City of Pasco submitted informal comments to the Department of
Ecology. The following items were covered on the informal comments:
- MS4 Permit: Tree Retention
- MS4 Permit: Street Sweeping
- MS4 Permit: Construction Site Stormwater Runoff Control
- MS4 Permit: options to comply with S8 (Monitoring and Assessment)
- MS4 Permit: PCB’s education and outreach
August – November 2023
The formal Eastern WA Phase II Municipal Stormwater General Permit was released by the
Department of Ecology.
The City of Pasco is a participating member of the Eastern Washington Stormwater Work
Group. all the participating Cities, and Counties in the group are developing official comments
on the following items found in the formal draft:
- Appendix 1:
Regulatory threshold changes.
Exemptions revocations for partial project phases.
- S2.B.2
PFAS Management Plans.
Page 99 of 208
- S5.B.2
Outreach specific to overburdened communities and documentation of the methods used for
overburdened communities.
- S5.B.3.a
Mapping requirements.
- S8.A.1
Tree canopy assessment.
Mapping requirements.
- S5.B.6.a.iii
Street Sweeping documentation.
Sweeping requirements for high priority areas.
- S5.B.3.b.iii(e) & S5.B.6.a.i(d)
- S5.B.i.b
Education and outreach program evaluation
Leading stewardship opportunities.
The Eastern Washington Stormwater Work Group will submit all comments by November 10,
2023. The Department of Ecology will be hosting 3 informal workshops and hearings to provide
information about the proposed changes, answer questions, and allow the public to offer formal
testimony. The City of Pasco will be attending all 3 hearings.
Virtual Hearings:
September 18, 2023, 9 a.m.
November 6, 2023, 1:30 p.m.
In-person Hearing:
October 3, 2023, 9:30 a.m. at Moses Lake Civic Center.
Page 100 of 208
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AGENDA REPORT
FOR: City Council September 5, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 9/25/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Basin Disposal Inc. 2024 Proposed Rate Increase
I. REFERENCE(S):
Draft Resolution
Basin Disposal Inc. Letter 8/21/2023
Solid Waste Agreement 11/16/2015
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
A 3.64% increase in Solid Waste collection and disposal rates for 2024 for all
customers within the City Service Area.
IV. HISTORY AND FACTS BRIEF:
Basin Disposal Inc. (BDI) has provided collection and disposal of the City's
residential and commercial solid waste for many years. The current agreement
with BDI, negotiated in 2015, is for a rolling 15-year term with automatic 1-year
extensions of the expiration date with each anniversary, unless notice of
termination is provided per the provisions of the agreement.
The agreement sets the terms and classes of service and provides the conditions
for rate increases, which may occur annually. Basic rate adjustments are tied to
the Consumer Price Index (CPI) (limited to 80% of any increase) while other
adjustments (i.e., tipping fees, disposal costs, etc.) due to outside vendors, may
also be requested. The agreement includes an annual rate adjustment cap of
five percent (5%).
V. DISCUSSION:
Page 102 of 208
Based on the terms of the BDI agreement, and also taking into accoun t how
these increases are calculated and distributed across each service area. BDI
proposed an overall rate increase of 3.64% for a 96 gallon container, based on
the following components:
• The maximum allowable CPI adjustment of 80% of CPI, or 0.80 x
3.60%(CPI) = 2.88% on activities other than solid waste disposal (tipping).
The weighted average rate change due to the CPI and Tip fee increase
is 3.64%.
With the recommended 3.64% rate increase, the cost for a standard residential
96-gallon container will increase from $23.61 per month to $24.47 per month.
Per the contract, BDI is the retail provider to the customer and is responsible for
notification of the proposed rate adjustment.
In the past, Council has authorized a subcommittee consisting of
Councilmembers & Staff to review the BDI proposal in detail. If this is something
that Council would like to continue, we could discuss getting a subcommittee
together within the following weeks.
City staff has reviewed the proposal and found that the recommended annual
rate increase of 3.64% is consistent with the terms and conditions of the
agreement.
Page 103 of 208
Resolution – 2024 BDI Annual Rate Increase - 1
Version 09.01.23
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING A RATE INCREASE FOR SOLID WASTE COLLECTIONS AND
DISPOSAL SERVICES BY BASIN DISPOSAL, INC.
WHEREAS, the City of Pasco (City) and Basin Disposal, Inc. (BDI) entered into a
Comprehensive Solid Waste Collection Agreement (Agreement) dated November 16, 2015, for
the collection, transport and disposal of all Solid Waste, Household Hazardous Waste and other
authorized materials commencing January 1, 2016; and
WHEREAS, the Agreement term is fifteen years with an automatic one-year extension on
each anniversary of the date of commencement; and
WHEREAS, the Agreement affords BDI Annual Rate Adjustments based on 80% of the
annual percentage increase in the Consumer Price Index (CPI) (All Urban Consumers; West
Region, Size B/C) along with adjustments to Tipping Fees and Disposal Fees; and
WHEREAS, while the CPI adjustment at 80% results in a requested rate increase of 2.88%
along with a 5% increase in Tipping and Disposal Fees, the weighted average rate increase due to
CPI and Tip fee increase of 3.64% as noticed in Exhibit A is below five percent (5%) that is in
accordance with the Annual Rate Adjustment Cap as outlined in Section 6.3.4 of the Agreement;
and
WHEREAS, pursuant to the Agreement, BDI must first publish notice by mailing to all
affected ratepayers or by publishing in a newspaper of general circulation for two consecutive
weeks and such notice must occur forty-five days before the effective rate increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the Annual Rate Adjustment of 3.64% in accordance with the terms outlined in the
2015 Comprehensive Solid Waste Collection Agreement, attached hereto as Exhibit B.
Be It Further Resolved, that this Resolution will take effect immediately.
Page 104 of 208
Resolution – 2024 BDI Annual Rate Increase - 2
Version 09.01.23
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
September, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
City of Pasco
and
Basin Disposal,Inc.
November 16, 2015
EXHIBIT B
Page 132 of 208
Table of Contents
RECITALS,AGREEMENT,DEFINITIONS ...............................................................
...
..1
AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT ..............1
TERM;AUTOMATIC EXTENSIONS ......................................................................
......
..1
3.1.
3.2.Automatic Extensions ...............................................................
.......................
..
SCOPE OF WORK .................................................................
..........................................
..2
4.1.General Terms and Conditions ...................................................................
.....
..2
4.2.City Service Area ..........................................................
...................................
..2
4.3.Sole and Exclusive Solid Waste Service Provider ...2
4.4.Annexation ..............................................................
.........................................
..3
4.5.Unsafe Conditions at Pick-Up Locations ...........................................................4
4.6.Hours/Days of Operation .............................................................
....................
..4
4.7.Employee Conduct ..................................................................
.........................
..4
4.8.Disabled Persons Service.......5
4.9.Holiday Schedules ..................................................................
.........................
..5
4.10.Inclement Weather and Other Service Disruptions ...........................................5
4.11.Suspending Collection from Problem Customers ..............................................5
4.12.Missed Collections ..................................................................
.........................
..6
4.13.Schedule of Solid Waste Collection ..............
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment ...............................................
4.15.Residential Carts and Containers Inventory ......................................................7
4.16.Ownership of Equipment .........................................................................
........
..7
4.17.Spillage .................................................................
...........................................
..7
4.18.Disruption Due to Construction ..................................................................
.....
..7
4.19.Site Planning Assistance ............................8
4.20.Safeguarding Public and Private Property .........................................................8
4.21.Company Name ..........................................................
.....................................
..8
4.22.Coordination between City and Contractor .......................................................8
4.23.Disposal Restrictions and Requirements ...........................................................9
4.24.Disposal Site for Solid Waste .................9
4.25.Adjustment of Service Level for Certain Customers .........................................9
Comprehensive Solid Waste Collection Agreement
Page ii
Page 133 of 208
4.26.Violation of Ordinance ..............................................................
......................
..9
4.27.Public Information ..................................................................
.........................
..9
4.28.Compaction of Solid Waste ......................................................................
.....
..l0
SOLID WASTE SERVICE ....................................................................
........................
..10
5.1 .Residential Service ..................................................................
.......................
..10
5.1 .1.Residential Customer Solid Waste Service ......................................................10
5.1.2.Residential Carts ....................................................................
........................
..10
5.1.3.Senior,Low Income Discount .....1l
5.1.4.Household Hazardous Waste Program ............................................................13
5 .2.Commercial Service ..............................................................................
.........
..13
5.2.1.Commercial Customer Solid Waste Service ....................................................13
5.2.2.Commercial Containers ..........................................................................
.......
..14
5.2.2.1 Container Types ....................................................................
.........................
..14
5.2.2.2.General Terms and Conditions Applicable to Commercial Containers ...........14
5.2.2.3.Additional Fees .....................................................................
........
......15
5.2.2.4.Customer-Owned Drop-Box Containers ..........................................................15
5.3.Temporary Solid Waste Service Plans .............................................................16
5.4.Solid Waste Service to City Properties and Facilities .....................................16
5.5.Recyclable Materials and Green Waste ...........................................................17
5.6.Miscellaneous Solid Waste Services ...............................................................17
5.7.Customer Service 18
5.7.1.Customer Service Of?ce .........................................18
5.7.2.Complaints .........................................................................
............................
..18
5.7.3.Emergency Contact ...............................................................................
.........
..19
5.8.Reports ............................................................................
...............................
..l9
COMPENSATION ............................................................................
.............................
..19
6.1.Basis for Determination of Solid Waste Service Rates ...................................l9
6.2.Compensation for Solid Waste Services .................19
6.3.Adjustment to Solid Waste Service Rates .......................................................20
6.3.1.Annual Rate Adjustment .............................................................
...................
..20
6.3.2.Adjustments to Tipping Fees and Disposal Fees .............................................20
6.3.3.Fuel Expense Adjustments ...........................................................
..................
..21
6.3.4.Annual Rate Adjustment Cap ....................................................................
....
..21
6.3.5.Solid Waste Disposal Cost Adjustment ...........................................................22
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10.
6.3.6.Tax Additive .....................................................
............
.....22
6.3.7.Other Modi?cations ...........................................
...........................................
.
..
6.3.8.Changes in Impositions or Other Laws .........................................
.................
..23
6.3 .9.Termination by Contractor .......................................
......................................
..23
6.4.Billing for Solid Waste Services;Delinquent Accounts ..................................23
6.5.Delinquent Accounts and other Customer Defaults.......
PERFORMANCE FEES,DEFAULT AND REMEDIES ..........................................
....
..
7.1.Performance Fees ............................................
............................................
...
..24
7.2.Default and Remedies ..........................................
..........................................
..25
NOTICES .............................................
.............................................
..............................
..25
INSURANCE AND BOND REQUIREMENTS..26
9.1.General Insurance Requirement .........................................
............................
..26
9.2.Minimum Scope of Insurance ..........................................
..............................
..26
9.3.Minimum Amounts of Insurance ........................................
...........................
..26
9.4.Deductibles and Self-Insured Retentions ........................................
...............
..27
9.5.Other Insurance Provisions .............................
9.6.Acceptability of Insurers ..............................................
..................................
..
9.7.Verification of Coverage ........................................
........................................
..27
9.8.Subcontractors..........................................
..........................................
............
..27
9.9.Performance Bond/Surety..
GENERAL TERMS ........................................................
..........
..
10.1.Indemni?cation..............................................
..............................................
..
..
10.1.1.Indemnify and Hold Harmless ..........................................
.............................
..28
10.1.2.Notice to Contractor;Defense ..........................................
.............................
..28
10.1.3.Industrial Insurance Immunity Waiver
10.2.Transfer of the Contract .........................................
.............................
..
10.2.1.Assignments,Subcontracts and Delegations ......................................
...........
..29
10.2.2.Changes in Control ............................................
............................................
..29
10.3.Legal ..........................................
..........................................
..........................
..30
10.3.1 Laws to GovemNenue
10.3.2 Attorney Fees ..........................................
..........................................
.............
..30
10.3.3 Arbitration ............................................
............................................
..............
..30
10.4.Compliance With Laws ...............................................
...................................
..30
10.5.Non-Discrimination...........................................
...........................................
.
..30
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10.6.
10.7.
10.8.
10.9.
10.10.
10.10.]
10.10.2
10.11.
10.12.
10.13.
Permits and Licenses..............................31
Relationship of Parties ........................31
Bankruptcy .......................................................................................
..............
..31
Right to Renegotiate or Amend ..................................................................
...
..31
Force Majeure ....................................................................................
............
,.32
Force Majeure Events ............................................................................
........
..31
Force Majeure Occurrences of Non-Default ....................................................32
Illegal Provisions/Severability ........................................................
...............
..32
....32
Entirety ...........................................................................................
................
..33
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COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT
This Comprehensive Solid Waste Collection Agreement (“Agreement”)is made and
entered into this 16 day of November,2015 (“Effective Date”),by and between the City of
Pasco,a Washington municipal corporation (the “City”),and Basin Disposal,Inc.,a Washington
corporation (“Contractor”).
RECITALS
A.Contractor desires to provide,and has the experience,resources and expertise
necessary,to perform solid waste collection services.
B.Contractor currently provides solid waste collection service to the City under an
agreement executed on March 15,1993 (as amended,the “Original Agreement”),which will
expire not sooner than December 31,2022.
C.The City and Contractor desire to amend and replace the Original Agreement in
its entirety to recognize,among other things,the extensive,on-going capital investment made
by Contractor to achieve and pass on to customers the cost savings from the ef?ciencies
gained thereby.
NOW,THEREFORE,in consideration of the mutual covenants,agreements and
promises herein contained,the City and Contractor do hereby agree as follows:
AGREEMENT
1.DEFINITIONS
Capitalized terms used in this Agreement shall have the meanings given them in
Exhibit A.
2.AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT
Effective as of the Commencement Date,the Original Agreement is hereby amended
and replaced in its entirety by this Agreement.
3.TERM;AUTOMATIC EXTENSIONS
3.1.Term
The initial term of this Agreement (“Term”)shall be for fifteen (15)years,
commencing on January 1,2016 (the “Commencement Date”),and expiring on the day
before the sixteenth (16th)armiversary of the Commencement Date (the “Expiration
Date”).
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3.2.Automatic Extensions
On each anniversary of the Commencement Date,the Expiration Date shall
automatically be extended by one (1)year unless either party has given ninety (90)
days written notice of termination to the other party,in which case the Agreement shall
terminate on the Expiration Date in effect as of the date of such written notice of
termination.
SCOPE OF WORK
4.1.General Terms and Conditions
Contractor shall collect,transport and dispose of all Solid Waste,Household
Hazardous Waste and any other materials herein authorized,from each and every
Customer within the Service Area pursuant to the tenns and conditions of this
Agreement.
4.2.City Service Area
Contractor shall provide all of the services described in this Agreement to the entire
City Service Area.
4.3.Sole and Exclusive Solid Waste Service Provider
During the Term of this Agreement,Contractor shall be the sole and exclusive provider
to manage,collect,transport and dispose of Solid Waste and Household Hazardous
Waste,and,as applicable,to manage,collect,transport and process Recyclable Materials
and Green Waste subject to a separate collection service requested by the City or the
jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting
such authority to the WUTC,all as more particularly described in Section 5.5.herein,and
any other materials authorized for collection pursuant hereto,within the City Service
Area.When requested by Contractor,the City shall seek to enforce the rights the City
has granted to Contractor hereunder;however,the City shall not be obligated to instigate
litigation to protect the right of Contractor.Contractor may independently enforce its
rights under this Agreement against third party violators,including but not limited to
seeking injunctive relief,and the City shall use good faith efforts to cooperate in such
enforcement actions brought by Contractor (without obligating the City to join any such
litigation).Such efforts may include but not be limited to cease and desist letters,
assistance with documenting violations and other activities.Notwithstanding the
foregoing,the City shall enforce its municipal code in the ordinary course against any
third parties providing unauthorized Solid Waste service.
Any material discarded by a Customer for which it pays to collect,process and/or dispose
of the material shall constitute “Solid Waste”subject to all terms and conditions of this
Agreement.This Agreement will not apply to Solid Waste,Recyclable Materials,Green
Waste,Household Hazardous Waste and Agricultural Processed Waste self—hauledby the
generator,or Green Waste generated and hauled by private landscaping services.
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4.4.Annexation
If additional territory is added to the City through annexation or other means,
Contractor shall make collections in such annexed areas in accordance with the
provisions of this Agreement at the unit prices set forth in this Agreement,provided
however,the remaining Term of this Agreement shall not be less than ??een (15)years
from the effective date of such annexation.If the City has given Contractor a notice of
termination of this Agreement prior to such annexation,the annexed area shall not be
added to this Agreement except with the written consent of Contractor,which may be
withheld at the sole discretion of Contractor.If the armexed area is added to this
Agreement,the parties shall execute an amendment to this Agreement consistent with
the provisions of this section,including the replacement of Exhibit B depicting the City
Service Area.If Contractor possesses a WUTC certi?cate or other franchise for Solid
Waste collection in the annexed area at the time of annexation,the amendment of this
Agreement to add the annexation area to the City Service Area shall be in lieu of the
grant of a franchise pursuant to RCW 3513280 or RCW 35.A.l4.900,as applicable,
and Contractor shall waive and release its right to claim any damages or compensation
from the City arising out of the cancellation of any pre-existing permit,certi?cate or
franchise held by Contractor prior to annexation,and ?rrther speci?cally waives the
right to receive any additional compensation or any rights of collection in the newly-
annexed territory beyond what is provided herein.Subject to the provisions hereof,
Contractor acknowledges that its certi?cate applicable to those future armexation areas
shall be cancelled effective the date of annexation by the City.
If a party other than Contractor holds the WUTC certi?cate for any such future
annexed territory,the City shall work with such party in good faith using commercially
reasonable efforts to provide for the timely termination of such party's right to provide
Solid Waste collection service to the subject armexation area.Upon termination of
such party’s right to provide Solid Waste service to said annexation area,the parties
shall cause the subject annexation area to be added to the City Service Area as
provided above and subject to the terms and conditions of this Agreement.The City
will indemnify,hold harmless and defend Contractor from any and all claims,actions,
suits,liabilities,losses,costs,expenses and damages,including costs and attorney fees,
asserted by such parties providing solid waste collection service arising from
Contractor’s service in such armexed territory pursuant to this Agreement.
The City acknowledges that Contractor shall require a reasonable amount of time to
secure the necessary equipment,including but not limited to vehicles,Residential Carts
and Containers,to service the annexed area,and shall not penalize Contractor for
reasonable delays in the provision of services to annexed areas covered by this
Agreement due to procurement delays that are not within the commercially reasonable
control of Contractor.Customers within the annexed area shall receive the Residential
Carts and Containers described herein in accordance with the provisions of this
Agreement.In the event that an annexed area is being serviced with Residential Carts
and Containers different from the City’s program,Contractor shall be responsible for
timely Customer notification and removal of the existing Residential Carts and
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Containers and delivery of appropriate Residential Carts and Containers within a
reasonable time.
4.5.Unsafe Conditions at Pick—UpLocations
If,in Contractor’s commercially reasonable discretion,a Customer is located in an area
that does not permit safe access,turn—aroundor clearance for Contractor’s vehicles,
Contractor shall provide Solid Waste service to such Customer provided the Customer
sets out its materials adjacent to the nearest Public Street or Private Road allowing such
safe access and Contractor is provided with reasonable advance notice of such location.
Contractor shall use commercially reasonable efforts to work with such Customer to
determine a safe location in compliance with applicable law.If Contractor in its
commercially reasonable discretion determines that a Private Road cannot be safely
negotiated or that providing drive-in service for Residential Customers shall be
impractical due to distance or unsafe conditions,Contractor and the City shall evaluate
the on-site conditions and make a determination of the best approach for providing Solid
Waste service to the affected Residential Customers.Contractor and the City shall
present feasible service options to the Customers concerning the nearest safe and
mutually convenient pick-up location.If Contractor believes that its vehicles shall cause
damage to a Private Road in the ordinary course of operation,Contractor may withhold
Solid Waste service from the respective Customers until such Customers provide a
damage waiver agreement to Contractor.
4.6.Hours/Days of Operation
Contractor shall make Solid Waste collections from Single-Family Residences,Multi-
Family Complexes and Mixed-Use Buildings on Monday through Friday between the
hours of 7:00 a.m.and 6:00 pm.,provided,however,that the City may authorize from
time to time temporary extensions or written exemptions of the collection period to
accommodate the special needs of Customers,provided further however,that Contractor
may conduct from time to time Solid Waste collections on Saturdays to the extent
necessary to make up missed collections.Contractor shall make Solid Waste collections
from non-Residential Commercial Customers on Monday through Friday between the
hours of 5:00 a.m.and 6:00 p.m.provided;however,the City shall have the authority to
notify the Contractor of which Commercial areas are located near Residential zoned
areas,and shall be subject to the Residential collection hours.
4.7.Employee Conduct
Contractor shall require its employees at all times on routes to be courteous,refrain from
making loud,inappropriate or obscene language,exercise due care,perfomi their work
ef?ciently and expeditiously,and avoid damage to public or private property.Contractor
shall further require its employees to use only that portion of private property reasonably
necessary to complete their duties,and to the extent reasonably possible,stay within
regular pedestrian walkways and paths and avoid crossing ?ower beds and hedges,
Contractor’s employees shall wear reasonably clean and presentable clothing while on
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their routes.If the City gives written notice to Contractor of any employee of Contractor
failing to comply with the above requirements,Contractor shall use commercially
reasonable efforts to remedy the issue as soon as possible,including temporarily or
pennanently removing such employee from all further performance of the work described
in this Agreement.
4.8.Disabled Persons Service
Contractor shall provide,at no additional expense,carry-out service of Solid Waste to
those Residential Customers that suffer from a documented disability that prevents them
from placing a Residential Cart at the Curb.The Residential Customer shall provide
Contractor with veri?able information and complete the appropriate documentation prior
to such service being provided.Contractor’s criteria for carry-out service shall comply
with all local,state and federal regulations,and shall be subject to the City’s review and
approval prior to program implementation.
4.9.Holiday Schedules
Contractor shall provide regular Residential and Commercial collection services on all
weekdays,Monday through Friday inclusive,regardless of any holidays that may be
observed.Drop—BoxContainer collection service shall not be performed on New Year’s
Day,Memorial Day,Fourth of July,Labor Day,Thanksgiving Day and Christmas.
4.10.Inclement Weather and Other Service Disruptions
If,in Contractor’s commercially reasonable discretion,weather or other route conditions
pose a danger to the public,Contractor’s employees or equipment,Contractor shall
provide Solid Waste service only to those portions of the City Service Area that do not
pose such a danger.Contractor shall provide the City within a reasonable time after such
event Contractor’s plans to make up missed Solid Waste collections.Unless the City
gives Contractor written notice of the City’s objections to such plans,Contractor may
perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays
following disruptions in order to make up missed collections.
4.11.Suspending Collection from Problem Customers
The City and Contractor acknowledge that,from time to time,some Customers may
cause disruptions or conflicts that make continued service to that Customer unreasonable.
Those disruptions or con?icts may include,but not be limited to,repeated damage to
Residential Carts or Containers,repeated refusal to position Residential Carts or
Containers properly,repeated suspect claims of timely set-out followed by demands for
return collection at no charge,and repeated claims of damage to the Customer’s property.
Contractor shall make every reasonable effort to provide service to those problem
Customers.However,Contractor may deny or discontinue service to a problem
Customer if reasonable efforts to accommodate the Customer and to provide services fail.
If the Customer submits a written letter to the City appealing Contractor’s decision,the
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City may,in its sole discretion,intervene and attempt to mediate a resolution in the
dispute.The City may also require the denial or discontinuance of service to any
Customer who is abusing the service or is determined to be ineligible.
4.12.Missed Collections
If Contractor fails to collect Solid Waste from a Customer without permissible excuse
therefore,Contractor shall provide such service to the Customer within a reasonable time,
but in no event later than 6:00 P.M.of the business day following Contractor’s receipt of
noti?cation of the missed pick—up.Contractor shall maintain a record of all missed
collections reported by Customers (whether reported by telephone or e—mail)and
Contractor’s corrective action.If a Residential Cart or Container is set out
inappropriately,improperly prepared or contaminated with unacceptable Solid Waste,
Biomedical Waste or Hazardous Waste,Contractor shall not be obligated to collect the
materials from such Residential Cart or Container.Contractor shall place a noti?cation
tag on such Residential Cart or Container that identi?es the speci?c reason for not
collecting the Solid Waste,and maintain a record of such missed collections.If
Contractor is requested by the Customer to make a return trip due to no fault of
Contractor,Contractor shall be permitted to charge the Customer an additional fee for
this service at the rate speci?ed in the rate schedule attached hereto as Exhibit C (“Rate
Schedule”).
4.13.Schedule of Solid Waste Collection
Contractor shall perform Solid Waste services for each respective Residential Customer
pursuant to a regmlar schedule on the same day and as close to a consistent time as
possible;Contractor may vary,in its discretion,the collection routes and schedules for
Commercial Customers.Contractor shall provide dispatch service and equipment
capability to collect full Drop-Box Containers no later than the second (2nd)business day
after the Customer’s request.Contractor shall indicate,on a detailed map acceptable to
the City,the day of the week Solid Waste shall be collected from each Residential
Customer.Contractor may change the day of collection from time to time by giving the
City and the affected Residential Customers at least ?fteen (15)days prior written notice
of the different collection date.
4.14.Required Equipment and Signs on Vehicles;Maintenance of Vehicles and
Equipment
Contractor shall cause each of its vehicles to display the vehicle’s inventory number and
customer service telephone number in lettering not less than four (4)inches high and
clearly visible from a minimum distance of twenty (20)feet,together with appropriate
safety markings,including all highway lighting,?ashing and warning lights,clearance
lights,and warning ?ags in accordance with applicable laws.Contractor shall equip each
route,service and supervisory vehicle with properly licensed two-way communication
equipment capable of communication throughout the entire City Service Area with a base
station maintained by Contractor.In addition,Contraction shall cause all vehicles to
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carry regularly-maintained and fully—functionalspill kits,including absorbent pads or
granules,containment booms,storm drain covers,sweepers and other similar materials
suf?cient to contain,control and,for minor events,appropriately clean-up spillage or
release of wind-blown materials,litter,or leaks of ?uids or leachate from the vehicle.
Spill kits shall also include Contractor’s spill response procedure,which procedure shall
be developed as provided in Section 4.17.
Contractor shall cause all vehicles and equipment to be maintained in good operating
condition at all times.In addition,Contractor shall maintain its vehicles to ensure that no
liquid wastes (such as Solid Waste leachate)or oils (lubricating,hydraulic or fuel)to be
discharged from the vehicles except to appropriate facilities.Contractor shall regularly
clean and wash thoroughly all vehicles used in the collection of Solid Waste.Contractor
shall cause its vehicles to be repainted from time to time as needed to maintain a clean
and professional appearance.
4.15.ResidentialCarts and Containers Inventory
Contractor shall procure and maintain a suf?cient quantity of Residential Carts and
Containers to service the City’s Customer base,including for seasonal and economic
variations in the demand for Residential Carts and Containers.
4.16.Ownership of Equipment
All vehicles,facilities and property used in performance of work under this Agreement
shall be owned or leased by Contractor.The City shall have no obligation to provide
equipment,facilities or personnel in connection with Contractor’s duties hereunder.
4.17.Spillage
Contractor shall cause any blowing or spillage of Solid Waste,or leachate from
Contractor’s vehicles,to be cleaned up immediately by Contractor’s employees.For any
spill of leachate requiring more equipment or treatment other than the spill kits carried on
a collection vehicle,Contractor shall promptly notify the City of such event.Contractor
shall develop and submit to the City for its review a spill response procedure,and shall
incorporate any commercially reasonable comments that the City provides.The spill
response procedure shall include a list of emergency contacts,which shall be reviewed
annually and updated as necessary.
4.18.Disruption Due to Construction
If a Public Street is under construction such that the work interferes with Contractor’s
services,Contractor shall use commercially reasonable efforts to account for such
interruption to permit the prudent and safe collection of Solid Waste from affected
Customers.
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4.19.Site Planning Assistance
The City shall,as part of its permitting process,cause written notice to be given to
Contractor of any development permit application containing plans for the construction
of a new or substantially remodeled building or other permanent structure,where
commercial container service is contemplated for solid waste,so that Contractor may
provide,but has no obligation to do so,written comments concerning Contractor’s ability
to access Containers and provide safe and efficient collection services to such property.
Upon request and at standard rates determined from time to time by Contractor,
Contractor shall provide site planning assistance to property owners or their
representatives.The site plarming assistance shall be available for all new construction or
remodeling of buildings and structures within the City Service Area,and shall address the
design and planning of Solid Waste removal areas and their location upon the site.
Contractor shall provide its assistance for optimizing loading docks,enclosures,
compactor equipment and other similar structures or areas,provided however,that such
site planning consultation service shall be made without warranty and without liability of
any sort,and Contractor may require a commercially reasonable waiver to such effect
prior to giving such site planning assistance.
4.20.Safeguarding Public and Private Property
Contractor shall use commercially reasonable efforts to avoid causing damage to any
public and private improvements,facilities and utilities whether located on public or
private property.If such improvements,facilities,utilities or Curbs me damaged and
such damage is due to the negligence or intentional misconduct of Contractor,Contractor
shall notify the City immediately in writing of such damage.If such damage is of a type
not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated
by Contractor,Contractor shall either repair such damage,if practicable,or reimburse the
City for the reasonable cost of repairing such damage,which cost shall be the cost of
restoring such property to the condition immediately prior to such damage.
4.21.Company Name
Contractor shall not use a trade name containing any words that implies Contractor is
operated or owned by the City.
4.22.Coordination between City and Contractor
Within a sixty (60)days time after receipt of written request of either party,the other
party shall meet at the City’s offices to resolve any operational issues with Contractor’s
services.Contractor shall provide the City with access to Contractor’s route and
Customer service data,billing information,safety records,equipment,facilities and other
applicable items,and the City shall provide Contractor with access to the City’s records
applicable to the issue.
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4.23.Disposal Restrictions and Requirements
Except as expressly provided herein,Contractor shall not knowingly or negligently
collect,transport or dispose of Hazardous Waste or Biomedical Waste,and shall have no
responsibility for such waste.Contractor shall not be required to collect Hazardous
Waste,Biomedical Waste or any other materials that are either restricted from disposal or
would pose a danger to Contractor’s collection crews.If materials are rejected for this
reason,Contractor shall leave a written notice with the rejected materials listing why they
were not collected and providing the Customer with a contact for further information
about proper disposal options.The Customer shall remain responsible for all costs
associated with handling and disposal of such materials inadvertently collected by
Contractor.
4.24.Disposal Site for Solid Waste
Contractor shall deliver all Solid Waste to an appropriate disposal site operated by
Contractor or such other disposal site or sites that satisfy applicable state regulations.
Contractor shall provide the City with a list of the disposal sites being used by
Contractor.
4.25.Adjustment of Service Level for Certain Customers
If Contractor in its commercially reasonable discretion determines that a Residential
Customer is generating quantities or types of Solid Waste different from a typical
Residential Customer,Contractor shall notify City of the same.Within thirty (30)days
of Contractor’s notice,City shall determine if the Residential Customer maintains a
commercial enterprise from the Residence,for example by determining if a business
license has been issued declaring the business address to be same as the Residence,and
should be served by a commercial Solid Waste service plan.If City determines that the
customer is operating as a commercial enterprise,said Residential Customer’s service
shall be revised to the appropriate commercial service most closely approximating the
service required by the affected Customer,as determined by Contractor.
4.26.Violation of Ordinance
Contractor shall promptly give written notice to the City of any observed violations of the
City’s ordinances concerning the containerization,collection,transport and disposal of
Solid Waste.
4.27.Public Information
The City may develop,at its expense,public outreach and education programs
concerning the reduction of Solid Waste,the recycling of Recyclable Materials,any other
programs concerning Solid Waste service within the City Service Area,including the
mandatory Solid Waste collection requirements for all Customers in the City Service
Area.Contractor shall cooperate in good faith with the City to design and distribute
promotional materials to Customers throughout the City Service Area.
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4.28.Compaction of Solid Waste
If any Commercial Customer should deposit into its Container a substantial amount of
compacted Solid Waste,or any other Solid Waste that has been subjected to a process
modifying its composition or nature resulting in the reduction of its volume because of an
increase in density,Contractor may assess against such Commercial Customer an
additional charge equal to the difference in compacted and uncompacted Solid Waste
service rates set forth in the Rate Schedule.
SOLID WASTE SERVICE
5.1.Residential Service
5.1.1.Residential Customer Solid Waste Service
Contractor shall collect,transport and dispose of Solid Waste from all Residential
Customers within the City Service Area,provided that the Solid Waste is properly
contained in Residential Carts supplied by Contractor and set out for collection at
the Curb on or abutting Public Streets or Private Roads,together with any
additional Solid Waste contained in appropriate bins,bags,cans or other
receptacles that could not be placed in the Residential Carts.In addition,
Contractor shall collect an unlimited number of Solid Waste Units that are
properly set out by a Residential Customer adjacent to its Residential Cart.
Contractor’s collection of Solid Waste placed outside of the Residential Cart shall
be at no additional cost unless the materials could reasonably have been placed in
the Residential Cart.Each Unit of Solid Waste not provided in this manner for
collection shall be subject to a special pickup charge as provided in the Rate
Schedule.Contractor shall also dispose of passenger vehicles tires,but not truck
or tractor tires,from Residential Customers.If,in Contractor’s commercially
reasonable discretion,Contractor determines that a Residential Customer is
disposing of passenger vehicle tires in excess of four (4)per year,Contractor may
assess the affected Residential Customer a charge for tire disposal in accordance
with the rate set forth in the Rate Schedule.
5.1.2.Residential Carts
Contractor shall provide each Residential Customer within seven (7)business
days of the Customer’s request with a 96-gallon Residential Cart,provided
however,that qualifying Residential Customers may request the use of a 64-
gallon Residential Cart as described in Section 5.1.3.Residential Carts shall be
rodent and insect proof,and equipped with functional wheels or rollers.
Contractor shall maintain all Residential Carts in good condition without any
jagged edges or holes.If Contractor’s employees note any damaged hinges,
holes,poorly functioning wheels or other conditions requiring repair,Contractor
shall repair,at its sole cost,such condition without need of request from the
Customer.Contractor shall repair the Residential Cart within seven (7)business
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days of request or notice of a condition requiring repair,or provide a temporary
Residential Cart as necessary.Contractor shall replace,at its sole cost,any
Residential Cart that is damaged or missing on account of accident,act of nature
or the elements,?re,or theft or vandalism by other members of the public within
three (3)business days.Contractor may provide replacement Residential Carts
that are new or used and reconditioned,provided such Residential Carts are clean
and presentable.Contractor shall collect and dispose of damaged and unusable
Residential Carts.I?in Contractor’s commercially reasonable discretion,
Contractor has to replace or repair a damaged Residential Cart as a result of
excess wear and tear or otherwise the result of the negligence or intentional
misconduct by the Residential Customer,Contractor may charge the Residential
Customer a replacement fee for such Residential Cart at the rate set forth in the
Rate Schedule.Residential Customers shall be responsible for the cleaning of
their Residential Carts.
Residential Carts placed for collection shall not weigh in excess of one hundred-
twenty (120)pounds for the 64-gallon Residential Cart or one hundred-eighty
(180)pounds for the 96—gallonResidential Cart.
5.1.3.Senior,Low Income Discount
Contractor shall provide Solid Waste service to those Residential Customers
qualifying for the senior,low income discount rate set forth in the Rate Schedule
upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2,
except that such qualifying Customers shall be provided with one 64—gallon
Residential Cart,and such Residential Customers shall be limited only to the use
of such Residential Cart for the disposal of Solid Waste.Each Unit of Solid
Waste not placed within such Residential Cart for collection shall be subject to
additional pickup charges at the rate set forth in the Rate Schedule.If a senior,
low income Residential Customer sets out more Solid Waste than may be
contained in a 64 gallon Residential Cart on two or more occasions in any
calendar year,Contractor may at any time thereafter cause such Residential
Customer to change to the Unlimited Residential Customer service plan at the
applicable service rate set forth in the Rate Schedule.
Prior to Contractor providing such discounted service,the City shall give written
notice to Contractor that the senior,low income Residential Customer has
certi?ed each of the following conditions to the City,and that the City has
verified to the extent reasonably possible,as being true and correct:
(i)The Residential Customer is a single occupant of or the head of a
household all of whose members have combined armual income from all
sources that is not greater than the United States Federal Poverty Level.
Such poverty level shall be determined by the “Very Low Income Limits”
and updated annually by the City;and
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(ii)The Residential Customer must be the customer of the solid waste service
and must be directly responsible for the payment of the solid waste bill;
and
(iii)The Residential Customer is the fee simple owner,or the primary tenant
named on the lease,of a Single Family Residence and has resided at such
location for a period of not less than ninety (90)consecutive days and
must intend to remain at such place;and
(iv)The Residential Customer is at least sixty—two(62)years of age or older;
and
(V)The Residential Customer shall state on oath that the one (1)64 gallon
Residential Cart shall be adequate to meet the requirements of the
Residential Customer without creating a public nuisance or a public health
hazard;and
(vi)The City may require the person demonstrating satisfactory proof for a
house hold that quali?es for the rates set forth in this section to make an
updated application at any time.“Head of the household”means the
person owning or having control of the dwelling unit.In the case of a
husband and wife,either person shall be considered the “head of the
household”;and
(vii)The Residential Customer has ?led the appropriate application under oath
with the City that the Residential Customer shall inform the City in
writing if there is any change in the household’s status as it relates to the
requirements set forth in (i)—(vii)above,and acknowledges the City may
require a.n updated application at any time.
The City shall,from time to time but not more than once per month,provide
Contractor with a list of the Residential Customers that have satis?ed the above
conditions and quali?ed for the applicable discount rate,which discount rate shall
go into effect for the subject Residential Customers not later than thirty (30)days
after the date of such written notice from the City.
Contractor may terminate such discounted service if and when Contractor or the
City has a reasonable belief that such Residential Customer no longer quali?es for
such discounted service.The City upon its own volition,or within thirty (30)
days of receipt of Contractor’s written notice,shall use reasonable due diligence
to determine if such Residential Customer continues to qualify for such
discounted service.If the qualifying Residential Customer loses such status,
Contractor shall provide written notice to the Residential Customer and the
service rate for Unlimited Residential Service shall be assessed for the first Solid
Waste service occurring a?er the date of such written notice.
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5.2.
5.1.4.Household Hazardous Waste Program
Contractor shall accept Household Hazardous Waste from Customers residing in
Residences within the City Service Area whose accounts with Contractor are in
good standing.Contractor shall comply with all applicable State of Washington
statutes and regulations including,but not necessarily limited to,Department of
Ecology guidelines and permit requirements.At least once per week on a day
approved by the City for a minimum of eight (8)consecutive hours,Contractor
shall accept without charge Household Hazardous Waste at a facility properly
licensed and approved by the City to receive such materials.Contractor may also
accept,but has no obligation to do so,other hazardous waste from any other
person or Customer,provided that such additional service complies with all
applicable laws and contractual obligations of Contractor,and upon such terms
and conditions and service rates acceptable to Contractor.Contractor shall
transport and dispose of all collected Household Hazardous Waste to an
appropriate disposal site.Contractor shall regularly publish brochures concerning
the Household Hazardous Waste program,including the location of the facility
and the hours of service.
The parties hereto acknowledge that the Household Hazardous Waste program is
conditioned upon and subject to the continuing effectiveness of that certain
agreement by and among Contractor,the City and Franklin County,pursuant to
which Franklin County has delegated to Contractor the county’s duties under
Washington state law to implement and administer a Household Hazardous Waste
program.Contractor shall cause the cost of such program to be included in the
service rates set forth in the Rate Schedule in full compensation of such services.
If and when such agreement or Contractor’s obligation thereunder has been
terminated,the Household Hazardous Waste program made part of this
Agreement shall also be automatically terminated.In such event,the portions of
this Agreement authorizing and requiring Contractor to collect Household
Hazardous Waste shall be deemed terminated without further action required of
any party,and Household Hazardous Waste shall be deemed to be unacceptable
waste for collection.On the next Annual Adjustment Date following the date on
which Contractor is no longer required to collect such waste,Contractor shall
equitably adjust its service charges for each level of Solid Waste service.
Commercial Service
5.2.1.Commercial Customer Solid Waste Service
Contractor shall collect Solid Waste from all Commercial Customers within the
City Service Area,provided that the Solid Waste is properly contained within
Containers supplied by Contractor.
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5.2.2.Commercial Containers
5.2.2.1 Container Types
Contractor shall provide to each Commercial Customer,and each
Commercial Customer may select,the following types of Containers:
1.5-,2-,3-,4-,6-or 8-cubic yard Detachable Container;11-,20-,30-or
40-cubic yard Drop-Box Container;a 96—gallonor 64-gallon wheeled
cart similar to the respective Residential Carts.Contractor may from
time to time provide additional or remove existing Container service
options,provided however,that Contractor shall provide at least thirty
(30)days prior written notice to affected Commercial Customers with
service plans for Containers that are being discontinued.Detachable
Containers shall be watertight and equipped with tight-fitting metal or
plastic covers,which covers shall be closed by Contractor after every
collection service,and may be equipped with four (4)wheels for those
Containers with volumes of 4-cubic yards or less.Drop-Box Containers
shall be constructed of metal,and if requested by a Customer,equipped
with a tight-?tting screened or solid cover operated by a winch system.
Detachable Containers up to 8-cubic yards shall not weigh in excess of
one thousand two hundred (1,200)pounds,and Drop-Box Containers
shall not weigh in excess of twenty thousand (20,000)pounds.
Commercial carts shall not weigh in excess of one hundred twenty (120)
pounds for the 64-gallon commercial cart or one hundred—eighty(180)
pounds for the 96-gallon commercial cart.
5.2.2.2.General Terms and Conditions Applicable to Commercial
Containers
Contractor shall furnish each Commercial Customer with the appropriate
Container within seven (7)business days of the Customer’s request.
Contractor shall deliver and place the Container on the Customer’s
property in a location determined by the Customer,provided such
location is reasonably acceptable to Contractor for the safe and efficient
collection thereof.Contractor shall maintain all Containers in good
condition without any leaks,jagged edges or holes.If Contractor’s
employees note any damage to a Container requiring repair,Contractor
shall repair,at its sole cost,the damage without need of request from the
Customer.Contractor shall repair the Container within seven (7)
business days of request or notice of a condition requiring repair,or
provide a temporary Container as necessary.Contractor shall replace,at
its sole cost,any Container that is damaged or missing on account of
accident,act of nature or the elements,?re,or theft or vandalism by
other members of the public within there (3)business days.Contractor
may provide Customers with either a new or used and reconditioned
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replacement Containers,provided such Containers are clean and
presentable.Contractor shall collect and dispose of damaged and
unusable Containers.If,in Contractor’s commercially reasonable
discretion,Contractor must replace or repair a damaged Container as a
result of excess wear and tear or otherwise the result of the negligence or
intentional misconduct by the Commercial Customer,Contractor may
charge the Customer a replacement fee for such Container.Not more
often than once per year,Contractor shall clean without additional cost,
said cost being included in the respective service plan,each Customer’s
Container.In addition,Contractor shall also replace a Container within
three (3)business days of request by the City if the City determines that
the Container fails to comply with reasonable health and safety
standards,provided however,that Contractor shall assess the Customer a
cleaning fee at the rate set forth in the Rate Schedule.
5.2.2.3.Additional Fees
Contractor shall not charge Commercial Customers an initial delivery
fee for a Container,except in the case of temporary Container service or
a Container redelivered to a Customer restarting service after having
service suspended with its Container removed because of non-payment
of invoices.Contractor shall charge a rollout fee in ten (10)foot
increments for Containers that must be rolled by Contractor more than
twenty (20)feet to reach the collection vehicle at its nearest point of
access.Gate and/or disconnect charges shall be assessed as set forth in
the Rate Schedule when Contractor must open,unlock,or close a gate in
order to service a Container.Contractor may assess additional charges
for excess materials loaded so as to lift,as applicable for such
Commercial Customer,the Detachable Container lid or Drop-Box
Container lid more than six (6)inches from the normally closed position.
Commercial Customers may request extra collections of Detachable
Containers in addition to the regular service,which additional service
shall be subject to an additional charge equal to the proportional amount
(e.g.one pick-up per week rate divided by 433 weeks per month)of
their regular monthly rate for that service.Extra collections of Drop-
Box Containers shall be provided at the regular rate set forth in the Rate
Schedule.
5.2.2.4.Customer-Owned Drop-Box Containers
Notwithstanding anything to the contrary in Section 5.2.2.1 above,
Contractor may service compactor Drop-Box Containers owned by
Commercial Customers at the special collection rates set forth in the
Rate Schedule.Contractor shall have no obligation to maintain,repair
or clean a compactor Drop-Box Container owned by a Commercial
Customer,and shall have no liability to such Customers for damage
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caused to such compactor Drop-Box Containers except in the event of
gross negligence or intentional misconduct by Contractor.If,in the
commercially reasonable discretion of Contractor,a Customer—owned
compactor Drop-Box Container is not safe,Contractor may elect not to
provide service until such compactor Drop-Box Container is made safe
for usage and transport.
5.3.Temporary Solid Waste Service Plans
Upon request of any Customer,Contractor shall provide on a temporary basis the
Container requested by said Customer at the rate set forth in the Rate Schedule for such
temporary service.The temporary service rate shall apply for all service requests that do
not exceed ninety (90)consecutive days.If the Customer requires a Container for a
longer period of time,Contractor may require the Customer to select the appropriate
Commercial service plan set forth in the Rate Schedule for the requested Container.If the
temporary service plan is in addition to a regular service plan in effect for the Customer,
Contractor shall be authorized to bill the Customer for both service plans.Contractor
may require the Customer to make a security deposit in advance of a temporary service
plan at the rate set forth in the Rate Schedule.
5.4.Solid Waste Service to City Properties and Facilities
Contractor shall provide the City with Solid Waste service from all City locations for
which the City desires service pursuant to the City’s service plan set forth in the Rate
Schedule.The City may modify the locations for which the City desires service by
providing Contractor with ten (10)days prior written notice,in which case,Contractor
shall adjust,if applicable,the fee payable by the City pursuant to the Rate Schedule
Exhibit C).As part of the City’s service plan,Contractor shall also provide ,without
direct cost to the City,Solid Waste service as defined in Exhibit “E”of up to 1,500 tons
(Base Tonnage)of Solid Waste gathered by the City from alley clean-ups,street
sweeping and sewer debris,and deposited in specially designated Drop-Box Containers
supplied by Contractor.The Solid Waste service shall be increased in increments of 250
tons of Solid Waste every ?ve years based on the City’s solid waste need over the Base
Tonnage.The Solid Waste service increase will be based on the following calculations:
(a)Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid
Waste tonnage from city owned properties with direct cost to the City,(b)if the Net Solid
Waste tonnage from city owned properties with direct cost is less than 250 tons,then no
change is required,and (c)if the Net Solid Waste tonnage from city owned properties
with direct cost is greater than 250 tons,then an increase will be required.
If the Net Solid Waste is greater than 250 tons,then the Net Solid Waste plus the Base
Tonnage will equal the new Total Solid Waste service for the next five years.Based upon
a change in the Total Solid Waste,the Contractor shall be able to adjust Solid Waste
service rates consistent with section 6.3.7.
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Contractor will send a quarterly accounting of the remaining balance of the total Solid
Waste service to be provided to the City without direct cost.The accounting period for
this Solid Waste service will begin on January l and end on December 31 of each
contract period.
5.5.Recyclable Materials and Green Waste
If,during the Term of this Agreement,the City elects to provide additional services
related to Curbside recycling of Recyclable Materials and/or Green Waste from
Residences consistent with revisions to and updating of the Franklin County
Comprehensive Solid Waste Management Plan,the City may request that Contractor
collect,transport,process and recycle Recyclable Materials from all Customers residing
in Residences located within the City Service Area.Within ninety (90)days of receipt of
such notice,Contractor shall provide the City with a written proposal of the service rates,
planned service routes and schedules for Customers residing in Residences and,if also
requested by the City,all other Customers,proposed Recycling Carts and Recycling
Containers,commodities that will qualify as Recyclable Materials based on current
market conditions,estimated interval to secure necessary equipment and facilities,and
any other pertinent terms and conditions of such service.Contractor shall remit all
proceeds from the sale of collected Recyclable Materials pursuant to the recycling
program to the City.If Contractor’s proposal is acceptable to the City,the City shall give
written notice (Exercise Date)to Contractor to commence providing such service within
the City Service Area on the date set forth in the City’s notice that is consistent with
Contractor’s proposal.Upon receipt of the City’s notice,the parties shall cooperate in
good faith to develop and distribute materials and information to Customers within the
City Service Area concerning the addition of the recycling and/or green service.
If the City declines to require a separate Recyclable Materials and/or Green Waste
service governed by this Agreement,the City shall permit,at Contractor’s written
request,the Washington Utilities and Transportation Commission (“WUTC”)to assume
jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans,which
will be implemented and operated by Contractor.
5.6.Miscellaneous Solid Waste Services
Contractor shall also provide the following special services:
(i)With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—FamilyComplexes
within the City Service Area,Contractor shall provide a special Solid Waste
service at the rate set forth in the Rate Schedule for Units of Solid Waste that
exceed the limitations set forth in the definition of “Solid Waste Units,”which
service shall be provided within ?ve (5)business days of the Customer’s request.
(ii)With respect to qualifying Customers,Contractor shall administer and provide
Solid Waste service as provided under and pursuant to Pasco City Code Section
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(iii)
(iv)
5.7.
6.04.240,“Special Collection and Residential Coupon,”for so long as said
program is in effect under the Pasco City Code.
With respect to Residential Customers and those Commercial Customers residing
in Residences located within Mixed—UseBuildings and Multi—Fa1nilyComplexes
within the City Service Area,Contractor shall collect and dispose of refrigeration
and cooling devices common to households,such as refrigerators and air-
conditioning units,at the rates set forth in the Rate Schedule,provided however,
that the Residential Customer shall either request Contractor to purge and dispose
of the cooling substance as required by applicable law or provide Contractor with
a certi?cate reasonably satisfactory to Contractor from a quali?ed contractor
stating that the same has been completed prior to collection and disposal of such
item.
With respect to all Customers within the Service Area (except as otherwise
provided in Section 5.1.1),Contractor shall collect,transport,and dispose of tires
from passenger vehicles and trucks at the rate set forth in the Rate Schedule.
Customer Service
5.7.1.Customer Service Office
Contractor shall maintain a Customer service of?ce within the City Service Area
with a local telephone number or toll free phone number where Contractor may be
contacted by Customers during the hours of 8:00 a.m.to 5:00 p.m.Monday
through Friday,except for the holidays recognized by the State of Washington.
Contractor shall provide customer service functions relating to service delivery,
potential service options,service rates,receiving and resolving customer
complaints,dispatching temporary Containers and special collections,and
resolving billing questions.
5.7.2.Complaints
Contractor shall give prompt and courteous attention to all Customer complaints
received by Contractor.Contractor shall promptly investigate any complaint of a
missed collection,and if veri?ed,shall arrange for collection as provided in this
Agreement.Contractor shall maintain a record of actions taken on all material
and legitimate complaints that could not be resolved during the initial
communication with the Customer,regardless of how the complaint was received,
including date,time,Customer’s name and address (if the Customer is willing to
give this information),method of transmittal,and nature,date and manner of
resolution of the complaint in a computerized daily log.Contractor shall make a
conscientious effort to resolve all complaints promptly but otherwise within one
(1)business day of the original call or e-mail.The computerized daily log shall
be available for inspection by the City,or its designated representatives,during
Contractor’s of?ce hours,and shall be in a format reasonably acceptable to the
City.
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5.7.3.Emergency Contact
Contractor shall provide the City with the name and Contact information in the
event of an emergency requiring contact with Contractor outside of normal of?ce
hours.Contractor shall cause such representative to be available at said
emergency telephone number during all hours other than normal of?ce hours.
5.8.Reports
In addition to any report required by law,Contractor shall maintain records of the number
of loads of Solid Waste collected and transported within the City Service Area and the
approximate total tonnage of Solid Waste and any other material herein authorized hauled
by Contractor to Contractor’s disposal site.Contractor shall make such records available
to the City upon request.Subsequent to April 15 of each calendar year,and following at
least two (2)months prior written notice,Contractor shall provide to the City a pro?t/loss
?nancial statement for the preceding calendar year together with a pro-fonna ?nancial
statement for the ensuing calendar year.The City shall be permitted to review but not
make copies of the ?nancial statements.Upon the City’s request,Contractor shall make
available the same ?nancial statements to an accounting ?rm selected by the City and
reasonably acceptable to Contractor,provided,however,that the accounting ?rm
provides Contractor with a commercially acceptable form of con?dentiality agreement.
Contractor shall bear all reasonable costs of such accounting ?rm.
COMPENSATION
6.1.Basis for Determination of Solid Waste Service Rates
The parties expressly intend that the rates and charges established by this Agreement are
designed to capture all legitimate operating and capital costs incurred by Contractor and
to provide a fair rate of return on Contractor’s investment in providing all services
included under this Agreement as may be measured by extemal methodologies such as
the Washington Utilities and Transportation Commission’s “Lurito-Gallagher”
ratemaking methodology,or other such standards that will enable Contractor to establish
fair,just,reasonable and suf?cient overall rates in order to allow Contractor to innovate,
invest and continue to provide service types and levels responsive to the City’s
reasonable requirements hereunder.
6.2.Compensation for Solid Waste Services
Contractor may collect from each and every Customer within the City Service Area the
appropriate charge for the Solid Waste service plan selected by such Customer,together
with any additional charges,fees and expenses that may be incurred or requested by such
Customer,at the rates set forth in the Rate Schedule.Contractor shall act in good faith to
coordinate with Customers to minimize the charges assessed to Customers.
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6.3.Adjustment to Solid Waste Service Rates
6.3.1.Annual Rate Adjustment
Contractor’s service charges,excluding fuel expenses,for each level of Solid
Waste service shall increase once every year in an amount not to exceed eighty
percent (80%)of the annual percentage increase in the Consumer Price Index —
All Urban Consumers;West Region,Size B/C,standard reference base period
1982-84 =100,hereinafter referred to as the “Adjustment Index,”as determined
in this section.Adjustments to Contractor’s service charges shall be made in units
of one cent ($0.01).Fractions less than one cent ($0.01)shall not be considered
when making adjustments.
Rates shall be adjusted annually,beginning January 1,2016 (the “Adjustment
Date”).Contractor shall submit to the City for review and approval a “Rate
Adjustment Statement”showing the calculations of new service rates for the
following year,including a calculation of the percentage change in the
Adjustment Index for the most recent twelve (12)month period ending the June
prior to the Adjustment Date.Contractor’s calculations shall be provided to the
City annually no later than October 1“and the City shall have ninety (90)days to
con?rm Contractor’s rate modi?cation calculations.Upon receipt of the City’s
approval,which shall not be unreasonably withheld or delayed,the new rates shall
take effect on January 15‘of the subsequent year.
6.3.2.Adjustments to Tipping Fees and Disposal Fees
A tipping disposal or acceptance fee charged for Solid Waste shall be the
?nancial responsibility of Contractor,provided however,Contractor may
incorporate such disposal,tipping or acceptance fees as part of the service rates
set forth in the Rate Schedule.In the event of an adjustment in tipping fees or
disposal fees paid by Contractor,Contractor shall adjust the tipping fee and
disposal fee component of the Solid Waste service rates for each level of service
to re?ect such adjustment.Contractor shall provide the City with notice of any
tipping fee or disposal fee adjustment promptly upon knowledge thereof by
Contractor.Contractor shall provide to the City evidence supporting the
requested change in service fees as a result of an adjustment to tipping fees and
disposal fees at least forty-?ve (45)days prior to date requested by Contractor for
such adjustment to go into effect,which in any event shall not be earlier than the
date of the adjustment to the tipping fee or disposal fee.Upon receipt of the
City’s con?rmation that the calculations are correct,the new Solid Waste service
rates for each level of service shall take effect on the date requested by
Contractor.Contractor shall include a notice in the next invoice issued to the
Customers describing the increase in the service rates pursuant to this section.
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6.3.3.Fuel Expense Adjustments
Contractor may also assess to all Customers a “Fuel Surcharge,”provided the
surcharge is determined and used in accordance with the provisions hereinafter set
forth.The Fuel Surcharge shall be implemented and charged by Contractor in the
instance that the resulting calculation equals 0.5%or more as described below.
The following de?nitions apply to the use and application of the Fuel Surcharge:
0 Base Fuel Expense:the proportion of approved rates attributable to gross fuel
expense,hereby ?xed at 5.87%.
0 Base Fuel Price:the average cost of diesel fuel used at the time of the 2016
rate authorization,hereby ?xed at $3.79.
0 Current Fuel Price:the per gallon price for retail sales of “West Coast Number
2 Diesel Ultra-Low Sulfur”(0-15 PPM)for the most recent full month
reported in the “Monthly Diesel Prices —Ultra-Low”index published by the
Energy Information Administration of the US Government or the DGE index.
0 Fuel Surcharge:the product of multiplying the base fuel expense by the
percentage change between the base fuel price and current fuel price [e.g.
$3.79*(current price/$3.79)].
The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from
the Current Fuel Price and converting the difference to a percentage of the Base
Fuel Price;that percentage shall then be multiplied by the Base Fuel Expense and
the resulting product shall constitute the Fuel Surcharge.Contractor shall submit
to the City a Fuel Surcharge calculation worksheet by the 15th day of the month
immediately preceding the months of August,October,December,February,
April and June.The Fuel Surcharge shall be deemed approved and authorized
unless written objection from the City to the Contractor’s mathematical
calculations is received by Contractor within seven (7)days of the City’s receipt
of the worksheet.In such case,the parties shall meet within ?ve (5)business
days and work in good faith to resolve any alleged errors in such mathematical
calculations.A Fuel Surcharge shall commence only on the ?rst of each of the
calendar months named herein above,and shall continue in effect for a two-month
period,after which time a new Fuel Surcharge,if applicable,shall go into effect
pursuant to the provisions hereof.Contractor shall incorporate such Fuel
Surcharge in the Customers’invoices in a timely manner.
6.3.4.Annual Rate Adjustment Cap
The Annual Rate Adjustment Cap is met when the cumulative rate increases of
6.3.](Annual Rate Adjustment),6.3.2 (Adjustments to Tipping Fees and Disposal
Fees),6.3.3 (Fuel Expense Adjustment),and 6.3.5 (Solid Waste Disposal Cost
Adjustment,if applicable)meet or exceed ?ve percent (5%)as de?ned by the
Consumer Price Index in the United States Department of Labor--All Urban
Consumers;West Region,Size B/C,standard reference base period 1982-84 =
100 (Adjustment Index).
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If the Annual Rate Adjustment Cap is met,the Contractor may either limit all rate
increases (sections 6.3.1,6.3.2,6.3.3,and 6.3.5)at the Annual Rate Adjustment
Cap or proceed as outlined in section 6.3.7.The Contractor will notify the City
within 45 days that the Annual Rate Adjustment Cap has been reached.The
Annual Rate Adjustment Cap will be reset on January 15‘of every year as per
section 6.3.1.
6.3.5.Solid Waste Disposal Cost Adjustment
Contractor may also adjust service rates for all levels of service based upon the
change in the annual disposal cost of Solid Waste collected by Contractor
(“WACOD Adjustment”).Commencing with the second full twelve month
Adjustment Period after any “Exercise Date”pursuant to Section 5.5,and for each
Adjustment Period thereafter (each,a “Comparison Period”),the Contractor shall
determine the change in the annual disposal cost of Solid Waste collected by
Contractor during such Comparison Period as compared to the first full twelve
month Adjustment Period after the Exercise Date (“Base Period”).If the of Solid
Waste collected for such Comparison Period has changed by more than ?ve
percent (5%)from the Base Period,Contractor shall prepare a WACOD
Adjustment calculation worksheet (“WACOD Adjustment Statement”)that
calculates the WACOD Adjustment to the service rates pursuant to the formula
set forth in Exhibit D.The WACOD Adjustment of the service rates shall be
adjusted concurrently with armual adjustments to service rates pursuant to Section
6.3.1,with the first month of January two years after the Exercise Date being the
?rst potential date for an adjustment pursuant to this section.Concurrently with
the Statement provided to the City pursuant to Section 6.2.1,the Contractor shall
submit to the City for review and approval the WACOD Adjustment Statement
calculating the adjustment to new rates for the next year,which statement shall
show the calculations required in this Section.The City shall have sixty (60)days
to con?rm the Contractor’s WACOD Adjustment to the service rates.Upon
receipt of the City’s approval of the WACOD Adjustment Statement,which shall
not be unreasonably withheld or delayed,the WACOD Adjustment to the service
rates shall take effect on January 15‘of the subsequent year.
6.3.6.Tax Additive
The State Refuse Collection Tax (currently at 3.6%)and any applicable City
Taxes shall be added to the rates speci?ed for each class of service and may be
identi?ed separately and as additive to said rate on each billing service.
6.3.7.Other Modi?cations
Contractor may apply to the City for rate adjustments that result from increases in
the cost of operations arising during the Term of the Agreement.Contractor shall
submit a written request to adjust the rates not more than ninety (90)days and not
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less than sixty (60)days prior to the proposed effective date of the requested
change.The City shall promptly consider such proposed rate change with
consideration of historical and industry-wide pro?t levels and rate making
methodologies utilized by the Washington State Utilities and Transportation
Commission.
6.3.8.Changes in Impositions or Other Laws
If the City,county,state or federal authorities impose new taxes,fees or
surcharges or change the rates of existing taxes,fees or surcharges after the
Commencement Date,or there are other changes in federal,state or local laws or
regulations,and the impact of these changes results in increased or decreased
Contractor costs,Contractor and City shall enter into good faith negotiations to
determine whether compensation adjustments are appropriate and if so,to
determine the amount and the method of adjustment.If the City requires review
of Contractor’s financial or other proprietary information in conducting its rate
review,at the request of Contractor,the City shall retain a third party to review
such information at Contractor’s expense,provided however,that Contractor may
require such third party to execute a commercially reasonable con?dentiality
agreement.Any such additional ?nancial review costs shall be considered
allowable business expenses for future rates adjustment purposes.
6.3.9.Termination by Contractor
If Contractor requests a rate adjustment pursuant to this Section 6 and the City
fails to consent to such request for any reason within four (4)months of the date
of Contractor’s written request,Contractor may terminate this Agreement by
giving written notice of termination to the City not less than four (4)months and
not more than eight (8)months after the date of Contractor’s written request for
such rate adjustment.This Agreement shall terminate on the date set forth in
Contractor’s written notice of termination,which in no event shall be less than six
(6)months from the date of Contractor’s written notice of termination.
6.4.Billing for Solid Waste Services;Delinquent Accounts
Contractor shall invoice,and shall be responsible for collecting,to and from each and
every Customer within the City Service Area for the Solid Waste service plan selected by
the Customer.Contractor shall cause each bill to include the following information:(i)
Customer name;(ii)Contractor’s Customer account information;(iii)service address;
(iv)service commencement and termination dates,as applicable;(V)billing period,(vi)
date of the bill;(vii)Customer’s service plan;(viii)date payment is due;(ix)date
payment is delinquent;(x)charges for the Customer service plan;and (xi)additional
charges,if any.Contractor shall bear the risk of collection.It is the intent of the parties
that all issues relating to service and rates under this Agreement should be the
responsibility of the Customer,Contractor and the City,and no third party shall have
standing to request,speak or represent issues of service in the City Service Area except
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for the direct Customer,Contractor or the City.
Notwithstanding the foregoing,the City reserves the right as provided in Pasco City Code
Section 6.04.310 to assume the obligation of billing Customers within the City Service
Area for Solid Waste services provided by Contractor hereunder.If the City elects to
provide such service,the City shall give Contractor six (6)months prior written notice.
The parties shall negotiate in good faith the terms and conditions of the transfer of such
service to the City,including without limitation,the City assuming the risk of collecting
payments.
6.5.Delinquent Accounts and Other Customer Defaults
Contractor shall have any and all remedies provided under Pasco Municipal Code
Chapter 6.04 and,as applicable,Washington law and regulations,with respect to
delinquent accounts and other defaults by Customers,including without limitation,
refusing or terminating Solid Waste service,but excluding those remedies in the City’s
code expressly reserved to the City.The City shall assume no responsibility for the
collection of any amount due by a Customer,provided however,that the City shall
cooperate in good faith with Contractor in the enforcement of Contract0r’s rights and
remedies to collect any delinquent accounts or cure defaults as may be provided under
Pasco Municipal Code Chapter 6.04.Contractor shall provide the City on a monthly
basis a report of all service terminations during the previous month.
PERFORMANCE FEES,DEFAULT AND REMEDIES
7.1.Performance Fees
In the event that Contractor fails to meet any performance obligation set forth in this
Agreement,the City shall give written notice to Contractor regarding such failure,in
which case Contractor shall promptly take such corrective action to remedy the issue
raised in the City’s written notice.In addition,City reserves the right to impose the
following fines if Contractor fails to meet certain obligations as provided in this
Agreement.
ACTION OR OMISSION AMOUNT
Collection before or after the times Fi?y Dollars ($50)per truck route (each
speci?ed in this Agreement,except as truck on each route is a separate incident).
expressly permitted by the City.
Failure to collect missed materials within Fifty Dollars ($50)per incident to a
one (1)business day after receipt of maximum of Five Hundred Dollars
notice.($500)per truck per day.
The performance fees schedule set forth here shall not affect the City’s ability to
terminate this Agreement as provided in Section 7.2,provided however,the City
acknowledges that the performance fees described in this section are an adequate remedy
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for the above named defaults,and the City may not terminate this Agreement for any of
the defaults described in this section unless Contractor has incurred performance fees in
excess of $25,000.00 each month for at least three (3)consecutive calendar months.
Contractor shall pay such performance fees within thirty (30)days of demand therefore
from the City.The City shall provide Contractor with reasonably acceptable
documentation supporting such performance fees together with the City’s demand
therefore.Contractor may appeal any performance fees imposed under this section to the
City Manager of the City of Pasco,to whom Contractor shall be allowed to present
evidence as to why the amount of performance fees should be lessened or eliminated.
7.2.Default and Remedies
If Contractor abandons or materially breaches its obligations hereunder or fails to fully
and promptly comply with all of its provisions or fails to give reason satisfactory to the
City for noncompliance,the City may then declare Contractor to be in default of this
Agreement and notify Contractor of such default and shall provide Contractor with thirty
(30)days to cure such default.If Contractor fails to cure such default in a timely marmer,
the City may thereafter give notice of termination to Contractor and its surety.Upon
receipt of any such notice,this Agreement shall terminate.
NOTICES
Any notice required or permitted to be given under this Agreement shall be in writing and
may be given by personal delivery,by certi?ed mail,or by air courier,and if given
personally or by mail,shall be deemed suf?ciently given if addressed to the City or to
Contractor at the following address:
The City:City of Pasco
P.O.Box 293
525 N.Third Ave.
Pasco,WA 9930
Attn:City Manager
To Contractor:Basin Disposal,Inc.
2021 North Commercial Avenue
P.O.Box 3850
Pasco,WA 99302-3850
Attn:Darrick Dietrich
Mailed notices shall be deemed given on the ?fth (5th)business day following deposit in
the United States mail,certi?ed postage prepaid.Notices delivered personally or by air
courier shall be deemed given upon receipt.Either party may by written notice to the
other specify a different address for notice purposes.
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INSURANCE AND BOND REQUIREMENTS
9.1.General Insurance Requirement
Contractor shall procure and maintain,at its sole expense,insurance against claims for
injuries to persons or damage to property that may arise from or in connection with the
performance of the services provided under this Agreement by Contractor,its agents,
representatives,employees or subcontractors,as provided in this Section 9.Contractor’s
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of Contractor to the coverage provided by such insurance,or otherwise limit the
City’s recourse to any remedy available at law or in equity.
9.2.Minimum Scope of Insurance
Contractor shall obtain insurance that meets or exceeds the following requirements:
(i)Automobile Liability insurance covering all owned,non-owned,hired,and leased
vehicles.The policy shall be endorsed to provide contractual liability coverage.
The City shall be named as an additional insured under Contractor’s Automobile
Liability insurance policy with respect to the work performed for the City.
(ii)Commercial General Liability insurance covering liability arising from premises,
operations,independent contractors,products-completed operations,personal
injury and advertising injury,and liability assumed under an insured contract.
The Commercial General Liability insurance shall be endorsed to provide the
Aggregate per Project Endorsement ISO form CG 25 03 ll 85,or its equivalent.
There shall be no endorsement or modi?cation of the Commercial General
Liability insurance for liability arising from explosion,collapse or underground
property damage.The City shall be named as an additional insured under
Contractor’s Commercial General Liability insurance policy with respect to the
work performed for the City.
(iii)Workers’Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
(iv)Hazardous Waste Hauling.To the Automobile Liability Minimum Scope of
Insurance,Pollution Liability coverage at least as broad as that provided under
ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA
99 48 and the Motor Carrier Act Endorsement (MCS 90)shall be attached.
9.3.Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
(i)Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $2,000,000 per accident.
(ii)Commercial General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence,$2,000,000 general aggregate and a $2,000,000
products-completed operations aggregate limit.
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9.4.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions in excess of $50,000 must be declared to and
approved by the City,which approval shall not be unreasonably withheld.In the event
the deductibles or self-insured retentions are not acceptable to the City,the City reserves
the right to negotiate with Contractor for changes in coverage deductibles or self-insured
retentions;or alternatively,require Contractor to provide evidence of other security
guaranteeing payment of losses and related investigations,claim administration and
defense expenses.
9.5.Other Insurance Provisions
The insurance policies shall contain,or be endorsed to contain,the following provisions
for Automobile Liability and Commercial General Liability:
(i)Contractor’s insurance coverage shall be the primary insurance with respect to the
City,its of?cials,employees and agents.Any insurance,self-insurance,or
insurance pool coverage maintained by the City shall be in excess of Contractor’s
insurance and shall not contribute with it.
(ii)Coverage shall state that Contractor’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,except with respect to the
limits of the insurer’s liability.
(iii)Contractor’s insurance shall be endorsed to state that coverage shall not be
cancelled unless the City is given prior written notice as provided under RCW
48.18.290.
9.6.Acceptability of Insurers
Contractor shall secure insurance policies from insurers with a current A.M.Best rating
of not less than A:VII.
9.7.Veri?cation of Coverage
Contractor shall fumish the City with original certi?cates including,but not necessarily
limited to,the additional insured endorsements,evidencing the insurance policies
required pursuant to this Article 9 prior to the Commencement Date.
9.8.Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish
separate certi?cates and endorsements for each subcontractor before commencement of
the work.All coverages for subcontractors shall be subject to the same insurance
requirements as stated herein for Contractor.
9.9.Performance Bond/Surety
Contractor shall provide and maintain at all times a valid Contractor’s Performance and
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10.
Payment Bond or bonds,letter of credit or other similar instrument acceptable to and
approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100
DOLLARS ($50,000.00).The bond,letter of credit or other similar instrument shall be
issued for a period of not less than one year,and Contractor shall provide a new bond,
letter of credit or similar instrument,and evidence satisfactory to the City of its
renewability,not less than sixty (60)days prior to the expiration of the bond,letter of
credit or other similar instrument then in effect.The City shall have the right to call the
bond,letter of credit or other similar instrument in full in the event its renewal is not
con?rmed at least ?ve (5)days before its expiration.
GENERAL TERMS
10.1.Indemnification
10.1.1.Indemnify and Hold Harmless
Contractor shall indemnify,hold harmless and defend the City,its elected
officials,officers,employees,agents and representatives,from and against any
and all claims,actions,suits,liabilities,losses,costs,expenses,and damages of
any nature whatsoever,including costs and attorney’s fees in defense thereof,or
injuries,sickness or death to persons,or damage to property,which is caused by
or arises out of Contractor’s exercise of duties,rights and privileges granted by
the Agreement,provided,however,that Contractor’s obligation to indemnify,
defend and hold harmless for injuries,sickness,death or damage caused by or
resulting from concurrent willful or negligent acts or actions of Contractor and the
City shall apply only to the extent of Contractor’s negligence.
10.1.2.Notice to Contractor;Defense
In the event an action is brought against the City for which indenmity may be
sought against Contractor,the City shall promptly notify Contractor in writing.
Contractor shall have the right to assume the investigation and defense,including
the employment of counsel and the payment of all expenses.On demand of the
City,Contractor shall at its own cost and expense defend,and provide quali?ed
attorneys reasonably acceptable to the City to defend,the City,its of?cers,
employees,agents and servants.The City shall fully cooperate with Contractor in
its defense of the City,including consenting to all reasonable affirmative defenses
and counterclaims asserted on behalf of the City.The City may employ separate
counsel and participate in the investigation and defense,but the City shall pay the
fees and costs of that counsel unless Contractor has agreed otherwise.Contractor
shall control the defense of claims (including the assertion of counterclaims)
against which it is providing indemnity under this section,and if the City employs
separate counsel the City shall assert all defenses and counterclaims reasonably
available to it.
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10.2.
10.1.3.Industrial Insurance Immunity Waiver
With respect to the obligations to hold harmless,indemnify and defend provided
for herein,as they solely relate to claims against the City,its elected of?cials,
officers,employees,agents and representatives,Contractor agrees to waive
Contractor’s immunity under industrial insurance,Title 51 RCW,for any injury,
sickness or death suffered by Contractor’s employees that is caused by or arises
out of Contractor’s negligent exercise of rights or privileges granted by the
Agreement.
Transfer of the Contract
10.2.1.Assignments,Subcontracts and Delegations
Contractor shall not assign or subcontract any of the work or delegate any of its
duties under this Agreement without the prior written approval of the City and
submittal of proof of insurance coverage.When requested,approval by the City
of a subcontract or assignment shall not be unreasonably withheld.In the event of
an assignment,subcontracting or delegation of duties,Contractor shall remain
responsible for the full and faithful performance of this Agreement and the
assignee,subcontractor,or other obligor shall also become responsible to the City
for the satisfactory performance of the work assumed.The City may condition
approval upon the delivery by the assignee,subcontractor or other obligor of its
covenant to the City to fully and faithfully complete the work or responsibility
undertaken.In addition,the assignee,subcontractor or obligor shall sign a
separate statement agreeing to abide by all terms and conditions of this
Agreement.
10.2.2.Changes in Control
If Contractor is a corporation,limited liability company or limited liability
partnership,then any transfer of this Agreement by merger or consolidation,or
any change in the ownership o?or power to vote,the majority or controlling
interest of its outstanding voting stock,membership interest,or limited
partnership interests,or in the controlling interest at any tier in the ownership
structure of Contractor,or change of the manager or general partner for LLCS and
LPs,respectively,shall constitute an assignment for the purpose of this section.If
Contractor is a partnership,then any transfer of any partnership interest shall
constitute an assignment for the purpose of this section.Any transfer of this
Agreement by (i)merger or consolidation,(ii)any change in the ownership of,or
power to vote,the majority or controlling interest of its outstanding voting stock,
membership interest or limited partnership interest,as applicable,(iii)any entity
succeeding in the business and assets of Contractor,(iv)any transfer to an entity
that controls or is under common control with Contractor,or (V)any transfer to a
subsidiary or af?liate shall not be considered an assignment requiring the City’s
consent,provided however,that in each case described above such entity has
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equal or greater ?nancial net worth than Contractor on the date of transfer,such
entity remains in the control of Darrick Dietrich,the transferee assumes all
obligations under this Agreement and that written noti?cation of the transfer,
including a copy of the transfer documentation,is provided to the City at least
?fteen (15)days prior to the transfer.For purposes of this section,the term
“control”shall mean ownership of more than 50%of the outstanding voting
stock,membership interest or partnership interest.
10.3.Legal
10.3.1.Laws to Govern/Venue
This Agreement shall be governed by the laws of the State of Washington both as
to interpretation and performance.Venue shall be in Superior Court in the State of
Washington for Franklin County.
10.3.2.Attorney Fees
The Contractor agrees to pay reasonable attorney fees in the event the City is
required to retain an attorney to enforce the Contractor’s obligations here under.
10.3.3.Arbitration
Any disputes in the ?rst instance shall be directed to the Director of Community
Development for resolution.All unresolved disputes with respect to the handling
of complaints under this agreement shall be submitted to the City Manager for
?nal resolution.
10.4.Compliance With Laws
Contractor shall comply with all applicable federal,state,county,and local laws,statutes,
rules,regulations or ordinances,including without limitation,all health and
environmental regulations and standards applying to the collection,transport and disposal
of Solid Waste.Contractor shall also comply with all applicable requirements of the
Federal Occupational Safety and Health Act of 1970 (OSHA),the Washington Industrial
Safety and Health Act of 1973 (WISHA),and the standards and regulations issued
pursuant to these statutes from time-to-time.
10.5.Non-Discrimination
Contractor shall not discriminate against any employee or applicant for employment
because of age,race,religion,creed,color,sex,marital status,sexual orientation,political
ideology,ancestry,national origin,or the presence of any sensory,mental or physical
handicap,unless based upon a bona ?de occupational quali?cation.Contractor
understands and acknowledges that if it violates this non-discrimination provision and
fails to cure such violation to the satisfaction of the EEOC or state agency having
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jurisdiction,including without limitation,compliance with all terms and conditions set
forth in a settlement agreement,this Agreement may be tenninated by the City with thirty
(30)days prior written notice.
10.6.Permits and Licenses
Contractor shall secure all necessary business permits and licenses necessary to provide
the Solid Waste services described herein.Contractor shall duly pay all applicable taxes,
fees and charges incurred,including,but not limited to,license fees and all federal,state,
regional,county and local taxes and fees,including income taxes,property taxes,permit
fees,operating fees,business and occupation taxes,workers’compensation and
unemployment bene?ts,surcharges of any kind that apply to any and all persons,
facilities,property,income,equipment,materials,supplies or activities related to
Contractor’s services provided under the Agreement.
10.7.Relationship of Parties
The City and Contractor expressly acknowledge that the relationship between Contractor
and the City shall at all times be as an independent contractor of the City.No agent,
employee,servant or representative of Contractor shall be deemed to be an employee,
agent,servant or representative of the City.
10.8.Bankruptcy
If (i)Contractor makes any general arrangement or assignment for the bene?t of
creditors;(ii)Contractor becomes a “debtor”as de?ned in 11 U.S.C.§101 or any
successor statute (unless,in the case of a petition ?led against Contractor,the same is
dismissed within ninety (90)days);or (iii)the appointment of a trustee or receiver to take
possession of substantially all of Contractor’s assets,where possession is not restored to
Contractor within ninety (90)days,the City may terminate this Agreement upon giving
Contractor written notice thereof.In the event that any provision of this section is
contrary to any applicable law,such provision shall be of no force or effect.
10.9.Right to Renegotiate or Amend
The City shall retain the right to renegotiate this Agreement or negotiate an amendment
based on subsequent changes in and to federal,state,county or city laws,regulations or
policies that materially modify the terms and conditions of this Agreement,provided
however,that the City may not modify the Rate Schedule or the terms by which service
rates are determined.This Agreement may be amended,altered or modi?ed only by a
written amendment,alteration or modi?cation,executed by authorized representatives of
the City and Contractor.
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10.10.Force Majeure
10.10.1 Force Majeure Events
If any Force Majeure event occurs that is not in the direct control of Contractor
and which results in a detrimental effect or a material hardship to Contractor in
the performance of this Agreement,Contractor may request to make an
adjustments to one or more of the Solid Waste service rates or other fees included
in the Rate Schedule by providing written notice to the City together with an
explanation of the need for such rate adjustments arising from such Force Majeure
event.Contractor shall submit such written request not more than ninety (90)
days and not less than sixty (60)days prior to the proposed effective date of the
requested service rate change,and the City shall promptly consider such proposed
rate change.If the City requires review of Contractor’s ?nancial or other
proprietary information in conducting its rate review,at the request of Contractor,
the City shall retain a third party to review such information at Contractor’s
expense,provided however,that Contractor may require such third party to
execute a commercially reasonable con?dentiality agreement.Any such
additional ?nancial review costs shall be considered allowable business expenses
for future rates adjustment purposes.
10.10.2 Force Majeure Occurrences of Non—Default
Contractor shall not be deemed to be in default and shall not be liable for failure
to perform under this Agreement if Contractor’s performance is prevented or
delayed by acts of terrorism,acts of God including landslides,lightning,forest
fires,storms,?oods,freezing and earthquakes,civil disturbances,wars,
blockades,public riots,explosions,unavailability of required materials or disposal
restrictions,governmental restraint or other causes,whether of the kind
enumerated or otherwise,that are not reasonably within the control of Contractor
(“Force Majeure”).If as a result of a Force Majeure event,Contractor is unable
wholly or partially to meet its obligations under this Agreement,Contractor shall
promptly give the City written notice of the Force Majeure event,describing it in
reasonable detail.Contractor’s obligations under this Agreement shall be
suspended,but only with respect to the particular component of obligations
affected by the Force Majeure event and only for the period during which the
Force Majeure event exists.
10.1 1.Illegal Provisions/Severability
If any provision of this Agreement shall be declared illegal,void,or unenforceable,the
other provisions shall not be affected,but shall remain in full force and effect.
10.12.Waiver
No waiver of any right or obligation of either party hereto shall be effective unless in
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writing,specifying such waiver,and executed by the party against whom such waiver is
sought to be enforced.A waiver by either party of any of its rights under this Agreement
on any occasion shall not be a bar to the exercise of the same right on any subsequent
occasion or of any other right at any time.
10.13.Entirety
This Agreement and the exhibits attached hereto represent the entire agreement of the
City and Contractor with respect to the services to be provided under this Agreement.No
prior written or oral statement or proposal shall alter any term or provision of this
Agreement except as provided herein.
WITNESS THE EXECUTION HEREOF on the day and year ?rst herein above written.
BA DISPOSAL,INC.CITY OF PASCO
%%4e%”
Darrick Dietrich,President Matt Watkins,Mayor
Ai?mwg?
ebbie Clark,City Clerk
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Exhibit A
De?nitions
Agricultural Processed Waste:“Agricultural Processed Waste”means any waste which
consists exclusively of the remainder and residue of processed fruit or vegetables.
Base Tonnage:“Base Tonnage”means the original 1,500 tons of solid waste services
transported and removed by the Contractor to the City without any direct cost.
Biomedical Waste:“Biomedical Waste”has the same meaning set forth in WAC 480-70-O41.
Bulky Materials:“Bulky Materials”means bags,boxes,or bundles,or empty carriers,cartons,
boxes,crates,etc.,or materials offered for disposal,all of which may be readily handled without
shoveling (not loose,uncontained materials).Individual items shall not exceed two feet by two
feet by ?ve feet (2’x 2’x 5’)in dimension,and not weight more than 65 pounds.
Charge:“Charge”means a set ?at fee for performing a service.Or,the result of multiplying a
rate for a unit times the number of units transported.
City:“City”means the City of Pasco,Franklin County,Washington.
City Service Area:“City Service Area”means the current corporate limits of the City,
excluding only those areas for which a different Solid Waste collection company is providing
Solid Waste service pursuant to a pre-existing franchise or permit.
Commercial Customer:“Commercial Customer”means all non—Residential Customers,
including but not limited businesses,institutions,governmental agencies,and all other users,
including occupants of Residences,Mobile Home Parks,Multi-Family Complexes and Mixed-
Use Buildings,of commercial-type Solid Waste collection services.
Compactor Disconnect/Reconnect Charge:“Compactor Disconnect/Reconnect Charge”means
a ?at fee established by the solid waste collection company for the service of disconnecting a
compactor from a drop box or container before taking it to be dumped,and then reconnecting the
compactor when the drop box or container is returned to the customer’s site.
Container:“Container”means any Detachable Container,Drop-Box Container,or wheeled cart
owned and provided by Contractor.
Contractor:“Contractor”means Basin Disposal,Inc.
Curb or Curbside:“Curb"or “Curbside”means a location on a Residential Customer’s
property within ?ve (5)feet of a Public Street or Private Road without blocking sidewalks,
driveways or on-street parking.
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Customer:“Customer”means all entities or persons required to utilize Solid Waste services
within the City Service Area,including property owners,property managers and tenants,or as
otherwise defined in Pasco Municipal Code Chap.6.04.
Detachable Container:“Detachable Container”means a watertight metal or plastic Container
equipped with a tight-?tting cover,capable of being mechanically unloaded into a collection
vehicle,and that is not less than one and a half (1.5)cubic yards or greater than eight (8)cubic
yards in capacity.
Drop-Box Container:“Drop-Box Container”means an all-metal Container with ten (10)cubic
yards or more capacity that is loaded onto a specialized collection vehicle,transported to a
disposal or recycling site,emptied and transported back to the Customer’s site.
Exercise Date:“Exercise Date”means the date that the City counter signed the Contractor’s
proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste)of
this contract.
Gate Charge:“Gate Charge”means a ?at fee charged for opening,unlocking,or closing gates
in order to pick up solid waste.
Garbage:“Garbage”means all putrescible Solid Waste.
Hazardous Waste:“Hazardous Waste”means any substance that is:
A.De?ned as hazardous by 40 C.F.R.Part 261 and regulated as Hazardous Waste by the
United States Environmental Protection Agency under Subtitle C of the Resource
Conservation and Recovery Act (“RCRA”)of 1976,42 U.S.C.§6901 et seq.,as
amended by the Hazardous and Solid Waste Amendments (“HSWA”)of 1984;the Toxic
Substances Control Act,15 U.S.C.§2601 et seq.;or any other federal statute or
regulation governing the treatment,storage,handling or disposal of waste imposing
special handling or disposal requirements similar to those required by Subtitle C of
RCRA.
B.De?ned as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as
dangerous waste or extremely Hazardous Waste by the Washington State Department of
Ecology under the State Hazardous Waste Management Act,Chapter 70.105 RCW,or
any other Washington State statute or regulation governing the treatment,storage,
handling or disposal of wastes and imposing special handling requirements similar to
those required by Chapter 70.105 RCW.
C.Hazardous Waste shall not include any materials de?ned as Household Hazardous Waste.
Household Hazardous Waste:“Household Hazardous Waste”has the same meaning set forth
in RCW 70.102.010(2),together with any applicable regulations promulgated by the Washington
Department of Ecology pursuant thereto.
Loose Material:“Loose Material”means material not set out in bags or containers,including
materials that must be shoveled.
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Mixed Paper:“Mixed Paper”means magazines,junk mail,phone books,bond or ledger grade
paper,cardboard,paperboard packaging,paper cups and other ?ber-based materials meeting
industry standards,but excluding tissue paper,paper towels,food-contaminated paper or paper
packaging combined with plastic,win;and foil.
Mixed-Use Building:“Mixed-Use Building”means a structure inhabited by both Residential
and Commercial Customers.
Mobile Home Park:“Mobile Home Park”shall mean a parcel of land which has been planned,
improved or is currently used for the placement of mobile homes and contains more than one (1)
mobile home lot.Mobile Home Parks shall be billed collectively for collection service.
Multi-Family Complex:“Multi-Family Complex”means a multiple-unit Residence with three
or more attached units and billed collectively for collection service.
Packer:“Packer”means a device or vehicle specially designed to pack loose materials.
Pass Through Fees:“Pass Through Fees”means a fee collected by a solid waste collection
company on behalf of a third party when the fee is billed directly to the customer without
markup or markdown.
Permanent Service:“Permanent Service”means Container and drop-box service provided at
the customer’s request for more than 90 days.
Private Road:“Private Road”means a privately owned and maintained right of way or access
easement that allows for access by a service vehicle and that serves multiple Residences.
Public Street:“Public Street”means a public right-of-way or easement maintained by the City,
County or the State and used for travel by the public.
Rate:“Rate”means a price per unit or per service.A rate is multiplied times the number of
units or services.
Recyclable Materials:“Recyclable Materials”means materials consisting of aluminum cans
and foil;corrugated cardboard;tin cans;recyclable plastic containers that did not contain
Biomedical Waste,Hazardous Waste or Household Hazardous Waste;Mixed Paper;newspaper;
and such other materials that the City and Contractor may detemiine from time to time to be
recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid
waste plans of the City,if any.
Residence/Residential:“Residence”or “Residential”mean a living space,with a kitchen,
individually rented,leased or owned.
Residential Cart:“Residential Cart”means a 64-or 96-gallon wheeled cart suitable for deposit,
storage and collection of Solid Waste.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 3
Page 172 of 208
Residential Customer:“Residential Customer”means all Customers residing in a Single-
Family Residences.
Service Accord:“Service Accord”means limited services that the Contractor agrees to provide
to The City as described in Exhibit “E”
Single-Family Residence:“Single-Family Residence”means all one-unit houses,each living
unit of a duplex if billed individually,and mobile homes that are billed for collection service
individually and located on a Public Street or Private Road,and not part of a Mobile Home Park.
Solid Waste:“Solid Waste”shall have the same meaning set forth in RCW 70.95.030,but shall
not include Biomedical Waste,Hazardous Waste or Household Hazardous Waste.If and when
the City permits a separate collection service for Recyclable Materials and Green Waste at City’s
request or under the jurisdiction of the WUTC,Recyclable Materials and Green Waste shall be
deemed to be separate categories of Solid Waste where expressly provided in this Agreement.
Special Pickup:“Special Pickup”means a pick-up requested by the customer at a time other
than the regularly scheduled pick-up time,that requires the special dispatch of a truck.If a
special dispatch is required,the company will assess time rates established in the Contractor’s
Exhibit.
Solid Waste Unit:“Solid Waste Unit”means a receptacle made of durable,corrosion—resistant,
nonabsorbent material that is watertight,and has a close-?tting cover and two handles,or is a
bag,box,or bundle that contains Solid Waste.A Solid Waste Unit can hold no more than thirty-
two gallons or four cubic feet of Solid Waste,and weigh no more than 65 pounds when ?lled.In
addition,a Solid Waste Unit shall not exceed two feet by two feet by five feet (2’x 2’x 5’)in
dimension.
Unlocking:“Unlocking”means a ?at fee imposed by a solid waste collection company when the
company's personnel must unlock padlocks or other locking devices to perform pickup services.
WUTC:“WUTC”means the Washington Utilities and Transportation Commission.
Comprehensive Solid Waste Collection Agreement,Exhibit A
Page 4
Page 173 of 208
Exhibit B
City Service Area
n
3
C
E
33
City of Pasco
City Limits 2015
Comprehensive Solid Waste Collection Agreement,Exhibit B
Page 1
Page 174 of 208
30-Oet-l5
Index
Index
Item 5
Item 40
Item 45
Item 50
Item 51
Item 53
Item 70
Item 80
Item 100
Item 100
Item 150
Item 160
Item 200
Item 205
Item 207
Item 21 0
Item 230
Item 240
Item 240
Item 255
Item 260
Item 270
Exhibit C
Rate Schedule
Page
Index of Items
Index by Item
Index by Topic
Application of Rates -Taxes
Material Requiring Special Equipment,Precautions,or Disposal
Material Requiring Special Testing and/or Analysis
Retumed Check Charges
Restart Fees
New Customer Prepayrnents
Return Trips
Carryout Service
Residential Can/Unit Service,Curbside Recycling,Greenwaate Service
Residential Can/Unit Service,CurbsideRecycling,Greenwaste Service
Loose and/or Bulky Material
Time Rates
Application of Detachable Container and/or Drop Box Rates -General
Roll—OutCharges -Residential Carts and Detachable Containers
Excess Weight -Rejection of Load,Overweight Charges to Transport
Washing and Sanitizing Residential Cans,Detachable Containers and Drop Boxes
Disposal Fees
Container Service -Non-compacted Cart
Container Service -Non-compactedContainer
Container Service -Compacted -Customer-owned Container
Drop Box Sen/ice -Non-Compacted -Company—OwnedDrop Box
Drop Box Service -Compactcd -Company-Owned Drop Box
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 1
assess;::ms:sww«mmm»m»w~Lg
Page 175 of 208
30-Oct-1 5 Page 3
Index of Topic
Item No ?g;
Index by Item ...2
Index by Topic 3
Bulky Material 1 50 11
Carryout service‘80 8
Detachable Container service,compacm 255 21
Detachable Container service,non-compacted,240 18
Detachyable Containers and/or Drop Boxes,availability 200 13
Detachable Containers and/or Drop Boxes,general rules 200 13
Detachable Containers and/or Drop Boxes.washing and sanili?ng 210 16
Prepayrnents.53 6
Disposalfees.230 17
Drop-box service,Cornpacted,270 23
Drop-Box service,Non-Compacled,.,.,260 22
Excess Weight -Rejection of Load,Overweight Charges to Transport..207 15
Residential Service .100 9
Restart Fees.5|5
Return Trips 70 7
Roll-out charges...205 14
Time mtes..160 l2
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 2
Page 176 of 208
30-Oct-15 Page 4
Item 5
Item 5 --Agglication of Rates —Taxes
Entity imposing:-ax:Description Amount of tax:Amalication(Commodities)
Cityof Pasco Pasco Utili?Tax 8.50%AgulicalaleCustomers -Revenue
State of Washggton WA Solid Waste Tax 3.60%Applicable Customers -Revenue
Note 1:The rates defined within this Exhibit C include the Pasco Utility Tax
of 8.5%.
Note 2:The Washington State Solid Waste Tax will be applied as a line item to the rates
as de?ned within this Exhibit C.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 3
Page 177 of 208
30-Oct-15
Items 40,45,50
Item 40 ~—Material Reguiring Sp_eciaI Quipment,Precautions,or Dismsal
Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject
to Time Rates named in Item 160,or to other speci?c rates contained in this appendix.
Contractor will make every effort to be aware of the commodities that require special handling at the disposal
sites,The Contractor shall maintain a list of those commoditiesand make it available for public inspection at
the Contractors office
Item 45 -4 Material Reguiring Sgcial Testing and/or Analysis
When the Contractor or disposal facility determinesthat testing and/or analysis of solid waste is required to
determinewhetherdangerous or prohibited substances are present,the actual cost for such testing and/or
analysis will be paid by the customer.At the Contractors election,they may help provide the customer with
testing and/or analysis of the dangerous or prohibited substance.If the Contractor elects to help with the testing
and analysis,these costs will be passed through In the customer
Item 50 --Returned Check Charges
Returned Check Charge.Ifa customer pays with a check,and the customer's bank refuses to honor
that check,the customer will be assessed a Return Check Charge in the amount of §”§§.0D.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 4
Page 178 of 208
30-Oct-15 Page
Items 51 and 53
Item 51 --Restart Charge
A Restart Charge will be assessed on all customers whose service is discontinued for
non-payment and who subsequently reinstate services.
Restart Charges are as follows:
A Restart Charge of ?3.40 will be assessed to Residential Cart customers whose service is
discontinued for non-payment.Please see Item 100.
A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is
discontinued for nun-payment.Please see Item 240.
A Restart Charge of §43.40 will be assessed to Drop Box customers whose service is
discontinued for non-payment.Please see Item 260.
Item 53 --Prepaments for Residential,Commercial,Drop Box and Temporag Customers
A Prepayment of $5.00 will be assessed to all first time (new)Residential Customers.
The prepayment will be applied to the customer's account in the event of non-payment,after one year of
service,or be returned to the customer upon tamitiation of the residential service.Please see Item 100.
A Prepayment is equal to the first month‘:cost of service,and will be assessed to all first time
(new)Commercial Customers.The prepayment will be appliedto the customer's account in the event of
non-payment,after one year of service,or be returned to the customer upon termination of the
commercial service.Please see Item 240 &255.
A Prepayment of_$250.00 will be assessed to first time (new)Drop Box Customers.
The prepayment will be applied to the customer's account in the event of
non-payment,a?er one year of service,or be returned to the customer upon terrninatiori of the
Drop Box service.Please see Item 260 &270.
A Prepayment will be assessed for each given Temporary Service,and will be assessed
at the time the customer signs up for the Temporary Service.The Prepayment will be appliedto the
customer's account upon termination of the Temporary Service.Please see Items 240 &260
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 5
Page 179 of 208
30-Oct-1 5 Page 7
Item 70 --Return Trigs
When the Contractor is required to make a Return Trip,that does not require the special dispatchof a truck,to
pick up material that was unavailable for collection for reasons under the control of the customer,the following
additional charges,per pickup,will apply:
Tvg ut‘Container Return Trig Charge
Residential Cart (Senior only),64 gallons ...........r,3 11.00
Residential Cart,96 gallons .............$11.00
Detachable Container (Container).............S 21.85
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 6
Page 180 of 208
30-Oct-15 Page 8
Item 80
Item 80 -—Carrv—OutService
Contractor will assess the following additional charges when customers request that Contractor personnel
provide Carry-Out Service of Residential Cans/Units not placed at the curb,the alley,or other point
where the Contractor's vehicle can be driven to within ?ve feet of the Residential Cans/Units using
improved access roads commonly available for public use.Driveways are not considered improvedaccess
roads commonlyavailable for publicuse.
Cara-Out Charge Commercial Rates
Per Unig Per Pickup
64 or 96 gallon Cart 5 3.25
that must be carried auxaver 5 feet,but
not over 25jeet.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 7
Page 181 of 208
30-Oct-15 Page 9
Item 100
Item 100 --Residential Service —-Monthy Rates gcontinued on next gage!
Rates below apply in the followingservice area'City of Pasco
Number of Frequency Garbage Recycle Greenwaste
Units or Type 411‘Service Service Service
of Residential Carts Service gg ,R_2_te Q
(1)64 gallon Residential Qrt (Senior/Low Income Only)WG $9.22 #N/A #N/A
(1)96 gallon Residential Cart WG 3 18.45 #N/A #N/A
(1)MulLiFamily/Duplex 96 gallon ResidentialCart WG $18.45 #N/A #N/A
Each Additional96 gallon ResidendalCan WG $1.90 #N/A #N/A
Frequency of Service Codes:WG=Week1yGarbage;NA=Service is not available at this time
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 8
Page 182 of 208
30-Oct-15
Note l:
Note 2:
Note 3:
Note 4:
Note 5:
Note 6:
Note 7:
Note 8:
Page 10
Tue of service Q
Prepayment Charge $35.00
Restart Charge $43.40
Return Trip Charge as 1 1.00
Carry Out Service-up to 25 feet $3.25
Replacement Cart Charge S 8500
Return Check Charge $35.00
Freon DischargeCharge {/417171iances)$35.00
Passenger Tire Charge $5.00
Truck Tire Charge $10.00
A Prepayment Charge ofwill be assessed to a first time (new)ResidentialOistomers.
The prepayrrlem will be applied to the customers account in the event of noirpayrnent,after one year of
service.or be retumed nothe cusmmerupon Lenmnationof the residentialservice,Please see Item 53.
A Restart Charge will be assessed on all customers whoseservice is discontinued for
non-payment and who subsequently reinstate services.Please see Item 51 .
If the customer requests the Contractor to make a Return Trip Charge due to no fault
of Contractor,Contractor shall be permitted to charge the Customer a Return Trip Charge
Please see Item 70
Contractor will assess additional charges (Item 80)when customers request that Contractor personnel
provide Carr_v—O|ItService of Residential Cans/Units not placed at the curb,the alley,or other point
where the company:vehicle can be drivm to within five feet of the Residential Cans/Units using
improved access roads commonly available for public use Driveways are not considered improved
access roads commorilvavailable for nublic use.
Ifany customer who destroys a Cart,does not return the Cartupon tennination,or service is shut
off for non-payment and they refuse to surrender the Cart a Replacement cm Charge will be charged
If a customer pays with a check,and the customers bank refuses to honor
that check,the customer will be assessed a Return Check Charge.
If a customer requests Contractor to pick up any appliance that comains Freon
the customer will be charged a From:Discharge Charge.
If a customer disposes of more than 4 passenger car tires,with or without rims,the Contractor
will charge an additional Passenger or Truck Tire Charge.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 9
Page 183 of 208
30-Oct-15 Page 1 1
Item 150
Item 150 --Units,Bully Material &Aggliauceg,Furniture
Minimum Charge
Rate Per PlCl(l.I2
Solid Waste Umt $3.80 per unit N/A
Bulky Materials S 14.15 per L-ubicyard S 1415
Appliances,Fumimre Items 3 14.15 perilem $14.15
Freon Discharge Charge 3 35.00 per item N/A
Note 1:"Solid Waste Units"and "Bulky Materials"charges only apply when items are not properly
containedfor collectnm as defined in section 5.1.1 of die contract Please see below refexenced Notes 2
and 3 for definition of sizes and containment of solid waste and bulky items.
Note 2:"Bulky Materials"means begs,boxes,or bundles;or empty can-lets,cartons,crates ormatexials
offered for disposal all of which may be readily handledwithout shoveling (not loose,uncontained
materials)Individualitems shallnot exceed two feet by two feet by five feet (2'X 2’X 5')in dimension,
and not weigh more than 55 pounds.
Note 3."Solid Waste Unit"is defined in the Comprehensive Solid Waste Agreement,but generally means
any mdividualreceptacle,can,plastic bag,cart,box,carton,or othez container that does not
hold more than 32 gallons or 4 cu R of solid waste.and which does not weight more than
55 pounds when filled.
Note 4:Appliances will be charged at the per item rate noted above.Lfthe Appliance has Freon,
the Freon Disclmrge Charge will also be applied
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 10
Page 184 of 208
30-Oct-15 Page 12
Item 160
Item 160 --Time Rates
When time rates apply.Time Rates named in this Item apply:
(a)When material must be taken to a special site for disposal;
(b)When the Contractor's equipment must wait at or return to,a customer's site to provide scheduled
service due to no disability,fault,or negligence on the part of the company.Actual waiting time or time
taken in retuming to the site will be charged for;or
(c)When a customer orders a single,special,or emergency pickup,or when other items in this tari?‘
refer to this Item.
How rates are recorded and charged.Time must be recorded and charged for to the nearest increment of
15 minutes.Time rates apply for the period from the time the Contractors vehicle leaves the terminal,until
it returns to the terminal,or when it leaves its prescheduled route and drives towards the Customer's site,
excluding interruptions.An interruption is a situation causing stoppage of service that is in the control of the
company and not in the control of the customer.Examples include:work breaks,breakdown of equipment,
and similar occurrences.
Disposal fees in addition to time rates.Item 230 Disposal Fees for the disposal site or facility used will
apply in addition to time rates.
Rate Per Hour
Each Extra Minimum
T e of ui merit ordered Truck and Driver Person Charge
Single rear drive axle:$60.00 $40.00 S 4000
Tandem rear drive axle:$95.00 $47.50 S 47.50
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 11
Page 185 of 208
30-Oct-15 Page 13
Item 200
Item 200 ~-Detachable Containers and/or Drop Boxes --General Rules
Availability.Contractor must maintain a supply of all sizes of Containers and Drop Boxes for
which rates are listed in this Appendix.Ifa customer requests a Container or Drop Box of a size
listed in the Contractor's Appendix,and the Contractor is unable to provide the requested size
within 7 days of the customer request,the customer must be noti?ed in writing or by telephone.
Alternate-sized Containers and/or Drop Boxes.Ifthe Contractor cannot provide the requested-
sized Container or Drop Box (and that size is listed in this exhibit),the Contractor must provide
altemate-sized Containers or Drop Boxes,sufficient to meet the capacity originallyrequested by the
customer,at the same rates as would have applied for the requested Container or Drop Box.
Disposal fees due on alternatevsized Drop Boxes.Ifthc Contractor provides altemate-sized Drop
Boxes,the customer is responsible for all applicable disposal fees resulting from t.heuse of the
alternate Drop Boxes
Rates on partially-filled Containers and/or Drop Boxes.Full pickup and rental rates apply
regardless of the amount of waste material in the Container or Drop Box at pickup time.
Rates for compacted materials.Rates for compacted material apply only when the material has
been compacted before its pickup by the Contractor (See Section 4.25 of Contract).
Rates for loose material.Loose material dumped into the Contractor's packer truck is subject to
the rates for nomcompacted material even though the material may be compacted later in the packer
truck
Permanent and Temporary Service.The following rules apply:
(a)lfa customer requests a Container or Drop Box for less than 90 days,the customer will be
billed at Temporary Service rates.
(b)lfa Temporary Service customer notifies the Contractor that it has decided to retain the
Container or Drop Box for more than 90 days,Permanent Service rates Wlll be assessed from the
91st day until the end of the period the customer retains the Container or Drop Box
(0)Ifa customer requests a Container or Drop Box for more than 90 days,the customer will be
billed under permanent rates.lfthat customer cancels service before the end of the 90-day period,
the company may not rebill the customer at Temporary Service rates.The intent of the customer at
the time service was requested applies.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 12
Page 186 of 208
30-Oct-15 Page
Item 205
Item 205 --Roll-Out Charge,and Gate Charge
Charges for Carts and Containers
The Contractor will assess Roll-Out Charges where,due to circumstances outside ofthe control
of the driver,the driver is required to move the Cart or Container more than ?ve (5)feet,but less than
twenty-?ve (25)feet in order to reach the truck.
The charge for this Roll-Out Charge is:
$.25 per Cart or Container,per pickup
The Contractor will assess a Gate Charge where the driver is required to unlock
a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
The charge for this Gate Charge is:
$325 per pickup
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 13
14
Page 187 of 208
30-Oct-15 Page 15
Item 207
Item 207 ~Excess Weight -—Rejection 0!‘Load,Charges in Transport
The Contractor reserves the right to reject pickup of any DetachableContainer,stationary packer,or Drop Box which,
upon reasonable inspection:
(1)Appears to be overloaded
(2)Would cause applicable vehicle load Limitatiomto be exceeded;
(3)Would cause the company to violateload limitationsor result in unsafe vehicle
operation;
(4)Would negatively impact or otherwise damageroad surface integrity;and/or
(5)Contains anything that appears not to be MSW or could do damage to the vehicle.
For the purposes of this Appendix the followingmaximumweighis apply
Typelsize of Maximum Weight
Container,Drop Box,Allowance per
or Cart Becegcle [in pounds}
Carts -64 Gallon 120 lbs
Carts -95 Gallon 180 lbs
Detachable Containers —l to 8 cu yds 1,20)lbs
Drup Boxes -All Sizes 20,000 lbs
Over?lled or overweight,charges if transported.If the Container,Drop Box,or Cart exceedsthe
limis stated above,is ?lled beyond the marked ?ll line,or the top is unable to be closed,but the
Coriu-actortransports the materials,the following additionalcharges will apply
TypeISize of
Container,Drop Box,
gr Cart Chage
Carts -All Sizes §i00 Per Pickup
Detachable Container ~1 to 8 cu yds §14.1S Per Yard
Drop Boxes —All Sizes 514.15 Per Yard
Cumpacted material $8.30 Per Yard
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 14
Page 188 of 208
30—Oct-15 Page
Item 2 l 0
ts 210 --Waslzi and ni i eiachable Containers and]r Boxes
Upon customer request,the Corlmacmr will provide washing and sarlitizing serviceat the following rates:
Size or Type of
Container or DronBox E
Steam Cleaning -Delachable Col-nainer 3 40.50
Steam Cleaning -Drop Box $100.50
Note 1:The rate for washing and sanitizing Detachable Containers and Drop Boxes includes
the fee for delivering the newly cleaned Detachable Container or Drop Box back to the
custolnefs location
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 15
16
Page 189 of 208
30-Oct-15 Page
Item 230
Item 230 ~-Disposal Fem
Charges in this item apply when other items in this Appendix speci?cally refer to this item.
Type of Material Fee for Disposal
MSW $44.31
Green Waste #N/A
Commingled Recycle #N/A
Note 1:The DisposalFee includes the Pasco Utility Tax of 8.5%
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 16
Page 190 of 208
30-Oct-15 Page
Item 240
Item 240 —-Commercial Cart Service —~Dumped in Cnmpany‘s Vehicle
Nomcompacled Material
Rates stated per Commercial Cart per month
Service Area:City of Pasco
Size or Type ol'Container
Permanent Service 64 Gal Cart 96 Gal Curl
Pickup .One Time per Week $21.70 $40.15
Pickup -Two Times per Week 3 43.40 $30.30
Special Pickups 3 16.00 $2027
Additional Pickup $5 00 $9.27
Return Trip Charge $11.00 $11.00
Restart Charge $43 40 $43 40
Temporag Service
Delivery $11.00 $11.00
Pickup Rate 3 7.00 $12.97
Rent Per Calendar Day $5.50 $5.50
Prepayment 3 35.00 $35 00
Note]:Permanent Service:Service is de?ned as no less than scheduled,every week pickup,
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partially-filled containers.
Note 2'Permanent Service‘A Prepayment of $35.00 will be assessed to all first time
(new)Commercial Customers.The Prepayment will be applied to the customers account
in the event ofnon-payment,a?er one year of service,or be returned to the customer
upon termination of the commercial service.
Note 3:Special Pickup is the Bach Addt‘l Pickup rate plus Item 70 Return Trip -Carts.
Note 4:Restart subject to Item 51 —Restart Charges
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessorial Charges gllds,unlocking,unlalcliing,etc.)
Note 5:
Note 7'
A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
A Return '1‘rip Charge of?li will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a
truck,to pick up a Can or material that was unavailable for collection for
reasons under the control of the customer.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 17
18
Page 191 of 208
30-Oct-l 5 Page 19
Item 240
Item 240 ——Detachable Container Service -~Dumped in Company's Vehicle (continuedi
Non-compacted Material
Rates stated per Detachable Container,per month
Service Area:City of Pasco
Size or Type of Container
Permanent Service 15 Yard 2 Yar 3 Yard 4 Yard 6 are!8 Yard
Pickup -One Time per Week S 110.00 S 130 00 S 150 00 $185.00 $235.00 $300 00
Pickup -Two Times per Week 5 212.00 $250 00 3 290.00 $365.00 Si 465.00 $585.00
Pickup -Three Times per Week 3 320.00 S 375.00 3 435.00 $540.00 S 69000 $880.00
Pickup »Four Times per Week 3 425.00 S 495.00 $570.00 S 705.00 $910.00 5 1,150 00
Pickup -Five Times per Week $520.00 S 610.00 $705.00 $870.00 $1,140.00 $1,425.00
Special Pickups $47.24 S 51.85 $56.47 $64.55 $76.08 $9109
Additional Piclcup S 25 39 $30.00 S 34.62 $42.70 $54.23 $69.24
Retum Trip Charge $21.85 $21.85 $21.85 $21.85 3 21.85 $21.85
Restart Charge $43.40 S 43 40 $43.40 5 43.40 $43.40 $43.40
Temporary Service 1
Delivery #N/A #N/A S 21.85 3 21.85 $21 85 $21.85
Pickup Rat/e #N/A #N/A $55.25 $65.25 $80.25 S 100.25
Rent Per Calendar Day #N/A #N/A $5.50 $5.50 S 5.50 $5.50
Prepayment #N/A #N/A 35125.00 5 125.00 S 125.00 $125.00
Notel:Permanent Service:Service is defined as no less than scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containers are serviced on a
particular trip.No credit will be given for partia1ly»fi1led containers.
Note 2:Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip -Container
Note 3:Restart subject to Item 51 -Restart Charges
Note 4:Permanent Service:A Prepayment is equal to the first month's cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in the event of non-payment,after one year of service,
or be returned to the customer upon tenninationof the Commercial Service
Please see Items 240 and 255.
Note 5:A Prepayment will be assessed on Temporary Service accounts as noted above.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 18
Page 192 of 208
30-Oct-l 5 Page 20
Item 240
Accessorial Charges [lids unlocking,unlatching,elc.)_
Note 6.A Gate Charge of $3.25 willbe assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Caxtor Container,
Note 7:A Return Trip Charge of SLSS will be assessed when the company driver is
required to make a return trip,that does not require the special dispatch of a truck,to
pick up 3 Container or materialthat was unavailable for collectionfor reasons under
the control of the customer.
Note 8:If customer requires a Loeking Container,21 one time fee of $95.00 will be assessed.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 19
Page 193 of 208
30-Oct-15 Page 21
Item 255
Item 255 ~-Detachable Container Service ~Dumgd in CommnfsVehicle
Compacted Material
Rates stated per Detachable Container,per onth
Service Area:City of Pasco
Size or Type of Container
Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard
Pickup —One Time per Week S 170.35 $205.35 $250.35 S 325.35
Pickup -Two Times per Week $340.70 $410 70 3 500.70 $650.70
Special Pickups S 61.19 8 69.27 S 79.67 3 9699
Additional Pickup $39 34 S 47.42 $57.82 $75.14
Return Trip Charge $21.85 $21.85 $21.85 39 21.85
Restart Charge $43 40 $43.40 3 43.40 5 43.40
Note 1:Permanent Service:Service is defined as no lessthan scheduled,every week pickup.
Customer will be charged for service requested,even if fewer containersare serviced on a
particular trip.No credit will be given for partially-?lled containers.
Note 2:Special Pickup is the Each Addrl Pickup rate plus Item 70 Return Trip -Container,
Note 3'Restart subject to Item 51 ~Restart Charge.
Note 4:Permanent Service:A Prepayment is equal to the first months cost of service,and
will be assessed to all first time (new)Commercial Customers.The prepayment will be
applied to the customer's account in die event ofnon-payment,after one year of service,
or be returnedto the customer upon termination of the Commercial Service
Please see Items 240 and 255.
Atcessurialcharges assessed(‘Q,gnlocldng,uglatching,etc]
Note 5:A Gate Charge of $3.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Cart or Container.
Note 6:A Return Trip Charge of $11.85 will be assessed when the company driver is required
to make a return trip,that does not require the special dispatch of a truck,to pick up a
Cart or Container or material that was unavailable for collection for reasons under the
control nf the nictnmar
Note 7 A Disconnectflieeonneet Fee of $3.25 per pickup will be assessed when Containers are
attached to a compactor that requires disconnecting or reconnecting.
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 20
Page 194 of 208
30-Oct-15 Page 22
Item 260
Item 260 mp Box Service —»To Disposal Site and Return
N on-Com patted Material
Rates stated per Drop Box,per pickup
Service Area.City of Pasco
Permanent Service
Delivery Charge
Haul Charge
Trip Charge
Iv?nimumMonthly Charge
Prepayment
Restart Charge
Size or Type of Container
ll Yard/15 Yard 20 Yard 30 Yard 40 Yard 50 Yard
55.00 55.00 3 55.00 $55.00 S 5500
140.00 145.00 $150.00 $160.00 $170.00
55.00 55.00 $55.00 $55.00 3 55.00
140.00 145.00 $150.00 $160.00 $17000
3000 250.00 $250.00 S 250.00 $250.00
43.40 43.40 $43.40 S 43.40 $43.40
esaaeameneeesaaeaeeeam
Temporary Service
Delivery Charge
Haul Charge
Trip Charge
Daily Rental Charge
Prepayment
Note 1:
Note 2:
Note 3.
Note 4:
Note 5.
Note 6:
55.00
140.25
55.00
7.50
50.00
55.00 S 55.00 $55.00 3 55.00
145.25 $150.25 $160.25 S 17025
55.00 $55.00 $55.00 S 55 00
7.50 $7.50 S 7.50 S 7.50
250.00 3 250.00 $250.00 S 250.00
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Rates in this item are subject to Disposal Fees named in Item 230.
Temporary Service.means providing Drop Box service at the customers request,for a
period of ninety days or less.
Permanent Service:means Drop Box service provided at customers request for more than
90 days.
For Pennanent Service accounts,if a Drop Box is retained by a customer for
a full month and no pickups are ordered,a Minimum Monthly Charge will be assessed
Restart subject to Item 51 —Restart Charge -Drop Box.
Rates named in this item apply for all hauls within the City Limits of Pasco,to the disposal site Any
miles driven outside t.he City limits of Pasco will be charged for at§.25 per mile.Mileage Charge is
in addition to all regular clmrges.
A Prepayment will be assessed on Temporary Service accounts as noted above.
Accessurial charges assessed {lids}unlocking,unhtchlng,eIc.)_
Note 7:
Note 8.
A can Charge or 33.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access 2:Cart or Container.
A Trip Charge of S§.00 will be assessed when the company driver makes a trip to the
customers location,but.due to reasons under the control of the customer,was not able to
complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 21
Page 195 of 208
30-Ocl—15 Page 23
Item 270
item 270 --Drag Bax Se?ice --To Disposal and Relgrll
Compacted Material
Rates stated per Drop Box,per pickup
Service Area:City of Pasco
Sin or Type of Container
Permanent Service 15 Yd 20 Yd 20 Yd 30 Ydl35 Yd 40 Yd
Delivery Charge $55.00 $55.00 $55.00 3 55.00 $55.00
H.aulCl1a.rge $165.00 $155.03 $165.00 3 l55.00 5 165.00
Trip Charge $5500 $55.00 $55.00 3 55.00 3 55.00
Prepayment $250.00 $250.(X)$250.00 $250.00 $250.00
Restart Charge $43.40 3 43.40 $43.40 $43.40 $43.40
Note 1.Rates in this item are subject to Disposal Fees named in Item B0.
Nole 2:If a Drop Box is retained by a customer for a full month and no pickups are ordered,
and the Drop Box is owned by the Contractor,a Monthly Charge will be assess ed.
Note 3:Restart subject to hem 5]~Restart Charge -Drop Box
Note 4;Rates named in this item apply for all hauls within the City Limils of Pasco,to the disposal site.
Any miles driven oumide the City limits of Pasco Wl.iibe charged for at $.25 per mile.Mileage
Charge is in addition to all regular charges.
Accessorial cIza_rges ssessed gggds,unlocking,Imlatching,en.-.g
Note 5:
Note 6:
Note 7'
Note 8:
A Gate Charge of 13.25 will be assessed on each pickup where the driver is required
to unlock a container,locking bar,enclosure or open a gate in order to access a Can or Container
A Compactor Disconnectlkeconnect Charge of §3.25 per haul
will be assessed when Drop Boxes with compactors require connecting or disconnecting.
A Turn Around Charge of 330,00per haul will be assessed when company driver has to mm
the Drop Box around in order to empty and/or reconnect the Drop Box.
A Trip Charge of $55.00 will be assessed when the company driver makes a trip
to the customers location,but due to reasons under the control of the customer,
was not able to complete the haul
Comprehensive Solid Waste Collection Agreement,Exhibit C
Page 22
Page 196 of 208
Exhibit D
WACOD Adjustment Formula
The following de?nitions apply to the calculation of the WACOD Adjustment:
If the following is true:
Change in Volume =(TONSCp-T0NSBp )/TONSB1»>=5%
Then,the following calculation shall be made by the Contractor:
WACOD Adjustment =WACOD Expense X WACOD Change
The following de?nitions shall apply to the above formulas:
O O C C C I C O O I I
WACOD Expense =the proportion of approved rates attributable to gross Solid Waste
disposal expense,hereby ?xed at %.
WACOD Change =(WACODCp-WACODBP)/WACODBP
WACOD”=MSWBPX TONSMsw.B}>+RCYBPX TONSRCY_Bp+GRNBPX TONSc,RN_
BP
WACODcy=MSWcp X TONSMsw_cp +RCYCPX TONSRcY.cp +GRNcp X TONSGRN.
City Planner
TONSBP=TONSMSW»BP+T0NSRcY—B1=+TONSGRN-BP
TONSCP=T0NSMsw.c1>+TONSRCY-CP+TONSGRN~CP
MSW3p =Contractor’s disposal rate for Solid Waste during the Base Period
TONSMsw.Bp =Volume of Solid Waste collected during the Base Period
RCY];p =Contractor’s processing rate for Recyclable Materials during the Base Period
TONSRCY_3p=Volume of Recyclable Materials processed during the Base Period
GRNB1»:Contractor’s processing rate for Green Waste during the Base Period
TONSGRN.];p =Volume of Green Waste processed during the Base Period
MSWCp =Contractor’s disposal rate for Solid Waste during the Comparison Period
ToNSMsw.Cp =Volume of Solid Waste collected during the Comparison Period
RCYCP=Contractor’s processing rate for Recyclable Materials during the Comparison
Period
TONSRcy.cy =Volume of Recyclable Materials processed during the Comparison
Period
GRNcp =Contractor’s processing rate for Yard Waste during the Comparison Period
TON SGRN.Cp=Volume of Yard Waste processed during the Comparison Period
If the City has not added separate collection services for Recyclable Materials and/or Yard
Waste during the Base Period,then the values for those respective variables representing the
volume of such materials will be set to zero,and shall remain zero for the term of this
Contract,i.e.:
TONSRCY-BP=TONSGRN-Bl’=0
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 1
Page 197 of 208
Until such time as the City adds separate collection service for Recyclable Materials and/or
Yard Waste,the values for those respective variables representing the volume of such
materials will be set to zero,i.e.:
TONSRcy.c}>'—'TONSGRN.C1==0
In either case,the volume of the Recyclable Materials and Yard Waste shall be included in the
measured volume of Solid Waste until such time as the City implements such separate
collections services.
Comprehensive Solid Waste Collection Agreement,Exhibit D
Page 2
Page 198 of 208
Exhibit E
Service Accord
The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as
follows:
(1)Solid Waste gathered by the City from alley clean-ups;
(2)Solid Waste gathered by the City from street sweeping;
(3)Solid Waste gathered by the City from sewer debris;and
(4)Solid Waste gathered by the City and deposited in specially designated Drop-Box
Containers supplied by Contractor.
These Solid Waste Services at No Direct costs include hauling and tip fees.The Solid Waste
Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage)in any calendar year.See
section 5.4 of the contract for more details.
The eligible Solid Waste Service locations within the City are as follows:
(1)The City Shop(s)1025 South Grey,Pasco,WA 99301
(2)The City Yard(s)Rd 108 and Crescent,Pasco,WA 9930]
Comprehensive Solid Waste Collection Agreement,Exhibit E
Page 1
Page 199 of 208
Exhibit F
Fuel Surcharge
City of Pasco
1 Base Fuel Expense
Base Fuel Expense =5.87%Fixed
2 Percentage Increase in Cost of Fuel
Current Fuel Price $3.79 Variable
Minus Base Fuel Price -$3.79 Fixed
Equals Fuel Price
Difference =$-Variable
Divided By Base Fuel Price (Line 6)+$3.79 Fixed
Equals Fuel Percent Change =0.00%Variable
Fuel Surcharge
3 Calculation
Base Fuel Expense (Line 1)5.87%
Multiplied By Percent Change in Fuel
Price x -
Fuel Surcharge 0.00%
Comprehensive Solid Waste Collection Agreement,Exhibit F
Page 1
Page 200 of 208
Exhibit G
Curbside Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit G
Page 1
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Exhibit H
Green Waste Recycling Provisions
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibit H
Page 1
Page 202 of 208
Exhibit I
Electronic Waste Collection Provisions
(E-Waste)
(Page intentionally left blank)
Comprehensive Solid Waste Collection Agreement,Exhibitl
Page 1
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AGENDA REPORT
FOR: City Council September 21, 2023
TO: Adam Lincoln, City Manager City Council Workshop
Meeting: 9/25/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: Planning for Housing and Transportation
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
None
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Staff prepared an initial presentation and overview of housing and transportation
efforts to the City Council during the Spring of 2023. This is a follow -up
presentation on those efforts, in particular to provide an overview of key
initiatives, including the Housing Action and Implementation Plan, and
transportation planning aimed at increasing access, safety, and level of service
concurrency.
Staff's commitment to these efforts is due to the sustained population growth the
City is experiencing. This growth has put significant strain on residents and
businesses, primarily stemming from the lack of available housing and the strain
on the transportation system's level of service. The City’s population is estimated
to reach 143,657 by the year 2045, an incre ase of more than 60,000 residents
from today's population.
A presentation on these efforts was shared with the Home Builders Association
of the Tri-Cities on September 12, 2023. Staff is seeking additional opportunities
with partner organizations and agencies to present these efforts.
V. DISCUSSION:
Page 204 of 208
Staff has provided a summary of key housing and transportation initiatives
below.
Housing Action & Implementation Plan
Staff initiated the development of the City's first comprehensive plan on housing
in 2021. Following the successful adoption of several initiatives related to House
Bill 1923 (Increasing Residential Building Capacity), staff successfully secured
grant funding from the Washington State Department of Commerce to fund the
creation of the Housing Action and Implementation Plan.
The City is anticipated to reach a population exceeding 140,000 residents by the
year 2024, an increase of almost 60,000 from current population estimates. The
Housing Needs Assessment element of the plan has indicated that Pasco’s total
housing needs by 2045 will require more than 23,000 new homes. It should be
noted that Pasco currently has an undersupply of almost 1,500 homes based on
estimates from the Washington State Department of Commerce.
The planning effort has been supported by an engaged stakeholder group, which
has met several times over the duration of the plan. The stakeholder group
includes non-profits, partner agencies, organizations, realtors, and private
developers.
A summary of draft recommended strategies are provided below:
• Strategy #1: Remove regulatory barriers and encourage the development
of a variety of housing types.
• Strategy #2: Increase opportunities for homeownership.
• Strategy #3: Expand the supply and increase access to affordable
housing.
• Strategy #4: Build housing for Pasco’s special population groups.
• Strategy #5: Mitigate displacement of vulnerable residents.
The Draft Plan is currently published and available for public review, and can be
found on the City website at:
https://www.pasco-wa.gov/1239/Housing-Action-and-Implementation-Plan
Transportation Planning
Transportation planning as an integral part of the development review process.
Development Review staff have increased efforts aimed at ensuring that all new
developments are considerate of applicable codes, standards, adopted plans
Page 205 of 208
and policies. Staff focus remains on enhancing accessibility, safety, level of
service, and concurrency in our city's transportation infrastructure. These
elements are described below, along with how they are considered during the
development process:
Accessibility and Safety are key elements of the transportation system that may
impact residents and businesses for mobility and reliability. These elements are
being considered by:
• Ensuring non-motorized infrastructure is part of all developments, as
required by adopted standards
• Ensuring compliance with the Americans with Disabilities Act (ADA) to
enhance accessibility for individuals with disabilities.
• Collaborate with Ben Franklin Transit to improve transit accessibility.
• Consideration of traffic safety analysis and management plans
• Providing flexibility for safer road design standards in new developments
Level of Service and Concurrency are systematic approach used to assess the
operational while systems, transportation of efficiency and performance
Concurrency is a process that ensures transportation infrastructure and services
are in place and adequate to accommodate the demands genera ted by new
development. Appropriate development review ensures these are considered by
an evaluation of transportation impacts, and congestions, particularly in areas
(neighborhoods) and corridors that are currently experiencing increased
challenges.
Staff is also considering changes to the pending Street Connectivity proposal
that has been reviewed and presented to the Planning Commission, City
Council, and stakeholder organizations dating back to December 2019. The
intent of the proposal was to ensure neighborhoods were afforded adequate
access and choices, along with developing a system that is more supportive to
emergency service providers.
Staff welcomes feedback and comments from Council regarding the ongoing
efforts.
Page 206 of 208
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
Page 207 of 208
CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
Page 208 of 208