CHAPTER 1: BACKGROUND AND
REGULATORY REQUIREMENTS
PART OF THE SOURCE CONTROL (BUSINESS/SITE)
INSPECTION PROGRAM GUIDANCE MANUAL
Prepared for
2606 West Pioneer
Puyallup, Washington 98371
Funding Provided by
Stormwater Action Monitoring (SAM)
Prepared by
Herrera Environmental Consultants, Inc.
2200 Sixth Avenue, Suite 1100
Seattle, Washington 98121
Telephone: 206-441-9080
April 29, 2022
Note:
Some pages in this document have been purposely skipped or blank pages inserted
so that this document will print correctly when duplexed.
Table of Contents
cc_20-07522-000_scmanual_ch1_bkgrd_regs_20220429.docx
CONTENTS
Background and Regulatory Requirements ……………………………………………………………………………………. 1
1.1. Project Background …………………………………………………………………………………………………………………….. 1
1.1.1.
Project Funding and Acknowledgements …………………………………………………………….. 1
1.1.2.
Business Inspection Group (BIG) History ………………………………………………………………. 1
1.1.3.
PPA and Other Complementary Programs …………………………………………………………… 1
1.2. Purpose of Source Control ………………………………………………………………………………………………………… 2
1.3. Purpose of this Manual ………………………………………………………………………………………………………………. 2
1.4. Definitions and Acronyms (“Program Dictionary”) ………………………………………………………………… 3
1.5. Regulatory Requirements ………………………………………………………………………………………………………….. 6
1.6. Manual Organization ………………………………………………………………………………………………………………… 11
TABLES
Table 1.1. NPDES Municipal Stormwater Permit Requirements for the Source Control
Program for Existing Development. ………………………………………………………………………………………. 7
Chapter 1: Background and Regulatory Requirements
April 2022
Source Control (Business/Site) Inspection Program Guidance Manual
1. BACKGROUND AND REGULATORY
REQUIREMENTS
1.1. PROJECT BACKGROUND
1.1.1.
Project Funding and Acknowledgements
The Washington Stormwater Center was awarded funding from the Stormwater Action
Monitoring (SAM) to develop a guidance manual and trainings to assist Phase II stormwater
permittees with meeting the source control (business/site) requirements described in S5.C.8 of
the Western Washington 2019-2024 National Pollutant Discharge Elimination System (NPDES)
Phase II Municipal Stormwater Permit (Western Washington 2019-2024 Phase II permit).
1.1.2.
Business Inspection Group (BIG) History
The Business Inspection Group (BIG) is a regional group that was formed to share information
and collaborate on topics surrounding source control business inspections and the related
NPDES Phase I and Phase II permit requirements.
In January 2020, members of the BIG compiled information about existing business inspection
programs conducted by eight jurisdictions within the Puget Sound region and published their
findings in the Business Inspection Program Report (BIG Report). This manual is an expansion of
the efforts undertaken to develop the BIG Report. The BIG Report can be found on the
Washington Stormwater Center website.
1.1.3.
PPA and Other Complementary Programs
Ecology’s Pollution Prevention Assistance (PPA) program partners with city and county
member organizations that provide pollution prevention specialists to help businesses find and
resolve potential pollution issues. The PPA is focused on Small Quantity Generators (SQGs) and
potential for hazardous waste generation. Due to substantial overlap in scope of the PPA and
local Source Control Programs, permittees may benefit from close coordination with their
neighboring PPA partner, where applicable. Many PPA partners have already developed
inventories, prepared outreach materials, and conducted their own inspections. Note that the
PPA does not provide 100 percent coverage of all applicable businesses to be included in the
source control (business/site) inspection program as required by the NPDES Phase I and Phase II
permits.
Chapter 1: Background and Regulatory Requirements
April 2022
Source Control (Business/Site) Inspection Program Guidance Manual
Some businesses may already be covered by an Industrial Stormwater General Permit (ISGP),
which requires industrial sites to monitor, measure, and reduce stormwater pollution leaving
their site. Ecology already inspects these sites, but not necessarily on an annual basis. These sites
provide a potential opportunity to coordinate with Ecology where appropriate for combined
inspection(s) and outreach. Some businesses may also have individual industrial stormwater
permits. Information on businesses or sites covered by the ISGP as well as individual industrial
stormwater permits can be found in the Water Quality Permitting and Reporting System (PARIS)
database.
Other programs that may also have complementary needs and information include Fats, Oils,
and Grease (FOG) inspection and enforcement programs; cross-connection programs; private
stormwater facility maintenance; and illicit discharge programs. These programs and potential
coordination strategies will be described in more detail in Chapter 4: Developing a Business
Inspection Program.
1.2. PURPOSE OF SOURCE CONTROL
Source control is a practice to implement preventative measures to stop pollution before it
enters the Municipal Separate Storm Sewer System (MS4) and subsequently flows to receiving
waters. Source Control aims to address accumulation of non-point source pollutants such as
fertilizers, oil and grease, washwater, etc., that originate from daily business/site activities, spill
incidents, improper disposal, or other indirect sources.
Polluted runoff from an individual site may appear minor to the owner or to the public, but the
combined pollution from all commercial, industrial, or other activities that is collected and
discharged to our waterways has been shown to have negative impacts on salmon, orcas, and all
species that depend on water quality in the Puget Sound region. Stopping these pollutants at
the source is a critical step that all jurisdictions must take to protect our receiving waters.
The Source Control Program for Existing Development (S5.C.8 in the Western Washington
2019-2024 Phase II permit) is a proactive, preventative, inspection-based program that is
focused on addressing pollution from existing land use and activities that have the potential to
release pollutants to the MS4. This program relies on permittees to inspect businesses and
properties, and if necessary, requires implementation of operation or structural source control
best management practices (BMPs) in order to prevent pollution from entering the MS4
(Ecology 2018).
1.3. PURPOSE OF THIS MANUAL
The purpose of this manual is to provide resources, templates, and strategies that Permittees
can use to achieve compliance with 2019–2024 NPDES Phase II permit requirements for the
Source Control Program for Existing Development (S5.C.8 in the Western Washington 2019-
2024 Phase II permit). The resources, templates, and strategies provided were developed based
Chapter 1: Background and Regulatory Requirements
April 2022
Source Control (Business/Site) Inspection Program Guidance Manual
on research, input, and experiences of jurisdictions that have developed similar programs. Topics
covered by this manual address the key source control program requirements included in the
Western Washington 2019-2024 Phase II permit:
Western Washington 2019-2024 Phase II
Permit Requirement
Guidance Manual Reference
Definitions and Acronyms and all of S5.C.8
Chapter 1: Background and Regulatory Requirements
Adopt Ordinance(s) for Source Control
Program (S5.C.8.b.i)
Chapter 2: Developing Source Control Code/Ordinances and
Enforcement Policies
Establish Source Control Inventory
(S5.C.8.b.ii.)
Chapter 3: Source Control Inventory Development, Updates, and
Prioritization
Implement Inspection Program
(S5.C.8.b.iii)
Chapter 4: Developing a Business/Site Inspection Program
Chapter 5: Conducting Business/Site Inspections
Chapter 6: Data Management and Recordkeeping
Chapter 7: Education and Outreach Materials
Implement Progressive Enforcement Policy
(S5.C.8.b.iv)
Chapter 2: Developing Source Control Code/Ordinances and
Enforcement Policies
Train Staff (S5.C.8.b.v)
Chapter 8: Training
1.4. DEFINITIONS AND ACRONYMS
(“PROGRAM DICTIONARY”)
Business, as used in this manual, is a general term for publicly and privately owned institutional,
commercial, and industrial sites which have the potential to generate pollutants to the municipal
separate storm sewer system (MS4). Ecology requires Permittees to develop an inventory of
these sites (see Source Control Inventory). The type of businesses included in the inventory can
be defined by the Permittee to include multi-family housing units or other sites that are not
necessarily thought of as businesses.
Business/site inspection is a site visit conducted by the Permittee or their representative to
assess compliance with source control requirements. This may include follow-up visits.
Geographic Information System (GIS) mapping software and mobile applications provide
mapping and spatial analytics technology that can support locating, verifying, and tracking
status of businesses/sites prior to, during, or after an inspection.
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 the Municipal Stormwater Permits. 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 the Municipal Stormwater Permits.
Chapter 1: Background and Regulatory Requirements
April 2022
Source Control (Business/Site) Inspection Program Guidance Manual
Industrial Stormwater General Permit (ISGP) lists requirements that industrial facilities must
follow to comply with federal regulations that reduce pollution. The ISGP requires most
industrial sites to monitor, measure, and reduce stormwater pollution leaving their site.
Information can be found on Ecology’s ISGP web page.
Industrial Stormwater Individual Permit (IP) is an individual permit issued to industries that
discharge process wastewater to surface waters. Similar to the ISGP, the permit lists
requirements that process wastewater dischargers must follow to comply with federal
regulations that reduce pollution. Information can be found on Ecology’s IP web page.
Municipal separate storm sewer system (MS4) is defined by the NPDES Phase I and Phase II
Municipal Stormwater Permits as a conveyance, or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or
storm drains):
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 Clean Water Act that discharges to waters of Washington
State.
ii. Designed or used for collecting or conveying stormwater.
iii. Which is not a combined sewer;
iv. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at
40 CFR 122.2.; and
v. Which is defined as “large” or “medium” or “small” or otherwise designated by
Ecology pursuant to 40 CFR 122.26.
Municipal Stormwater Permits as referred to in this manual include the NPDES Phase I and
Western Washington Phase II Municipal Stormwater Permits.
North American Industry Classification System (NAICS) is used in the United States, Canada,
and Mexico and assigns a code (up to 6 digits) to classify businesses based on their primary
business activity. NAICS was adopted in 1997 to replace the Standard Industrial Classification
(SIC) system. NAICS codes are often self-reported by businesses and may require verification.
See Appendix 8 of the Western Washington Phase II Municipal Stormwater Permit for businesses
and activities that are potential sources of pollutants.
National Pollutant Discharge Elimination System (NPDES) is 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
(waters defined as “waters of the United States” in 40 CFR Subpart 122.2 within the geographic
Chapter 1: Background and Regulatory Requirements
April 2022
Source Control (Business/Site) Inspection Program Guidance Manual
boundaries of Washington state and “waters of the state” as 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)
from point sources. These permits are referred to as NPDES permits and, in Washington state,
are administered by Ecology.
Permittee includes city, town, or county Permittees, port Permittees, Co-Permittees, Secondary
Permittees, and New Secondary Permittees.
Pollution Prevention Assistance (PPA) is an Ecology program that partners with city and
county member organizations that provide pollution prevention specialists to help businesses
find and resolve potential pollution issues (focused on small quantity generators [SQGs]).
Information on this program can be found on Ecology’s PPA web page.
Stormwater Action Monitoring (SAM) is a collaborative, Western Washington regional
stormwater monitoring program that is funded by more than 90 cities and counties, the ports of
Seattle and Tacoma, and the Washington State Department of Transportation under the NPDES
Phase I and Phase II Municipal Stormwater permits. Information on SAM can be found on
Ecology’s SAM web page.
SWMMWW or Stormwater Management Manual for Western Washington refers to the
2019 Stormwater Management Manual for Western Washington. The SWMMWW can be found
here.
Standard Industrial…