Issuance Date: 

Effective Date: 

Expiration Date: 

Modification Date: 

August 1, 2012 

August 1, 2013 

July31,2018 

January 16, 2014 

Western Washington Phase II Municipal 

Stormwater Permit 

National Pollutant Discharge Elimination System and 

State Waste Discharge General Permit 

for discharges from Small Municipal Separate Storm Sewers 

in Western Washington 

State of Washington 

Department of Ecology 

Olympia, Washington 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. 

~ther R. Bartlett 

Wa er Quality Program Manager 

Department of Ecology 
Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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TABLE OF CONTENTS

SPECIAL AND GENERAL CONDITIONS

SPECIAL CONDITIONS............................................................................................................... 5

S1. PERMIT COVERAGE AREA AND PERMITTEES........................................... 5

S2. AUTHORIZED DISCHARGES ......................................................................... 10

S3. RESPONSIBILITIES OF PERMITTEES........................................................... 11

S4. COMPLIANCE WITH STANDARDS............................................................... 12

S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND 

COUNTIES ......................................................................................................... 15

S5.C.1 Public Education and Outreach.................................................................................... 17

S5.C.2 Public Involvement and Participation .......................................................................... 19

S5.C.3 Illicit Discharge Detection and Elimination................................................................. 19

S5.C.4 Controlling Runoff from New Development, Redevelopment and Construction Sites25

S5.C.5 Municipal Operations and Maintenance ...................................................................... 35

S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY 

PERMITTEES..................................................................................................... 39

S7. COMPLIANCE WITH TOTAL MAXIMUM DAILY LOAD

REQUIREMENTS .............................................................................................. 48

S8. MONITORING AND ASSESSMENT............................................................... 48

S9. REPORTING REQUIREMENTS....................................................................... 56

GENERAL CONDITIONS .......................................................................................................... 59

G1. DISCHARGE VIOLATIONS............................................................................. 59

G2. PROPER OPERATION AND MAINTENANCE .............................................. 59

G3. NOTIFICATION OF DISCHARGE, INCLUDING SPILLS............................. 59

G4. BYPASS PROHIBITED ..................................................................................... 59

G5. RIGHT OF ENTRY ............................................................................................ 60

G6. DUTY TO MITIGATE ....................................................................................... 60

G7. PROPERTY RIGHTS ......................................................................................... 60

G8. COMPLIANCE WITH OTHER LAWS AND STATUTES .............................. 60

G9. MONITORING ................................................................................................... 60

G10. REMOVED SUBSTANCES............................................................................... 62

G11. SEVERABILITY ................................................................................................ 62

G12. REVOCATION OF COVERAGE...................................................................... 62

G13. TRANSFER OF COVERAGE............................................................................ 63

G14. GENERAL PERMIT MODIFICATION AND REVOCATION........................ 63

G15. REPORTING A CAUSE FOR MODIFICATION OR REVOCATION............ 63

G16. APPEALS............................................................................................................ 63
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G17. PENALTIES........................................................................................................ 64

G18. DUTY TO REAPPLY......................................................................................... 64

G19. CERTIFICATION AND SIGNATURE ............................................................. 64

G20. NON-COMPLIANCE NOTIFICATION............................................................ 65

G21. UPSETS............................................................................................................... 65

DEFINITIONS AND ACRONYMS ............................................................................................ 67

APPENDICES

APPENDIX 1. MINIMUM TECHNICAL REQUIREMENTS 

APPENDIX 2. TOTAL MAXIMUM DAILY LOAD REQUIREMENTS

APPENDIX 3. ANNUAL REPORT FOR CITIES, TOWNS AND COUNTIES

APPENDIX 4. ANNUAL REPORT FOR SECONDARY PERMITTEES

APPENDIX 5. NOTICE OF INTENT 

APPENDIX 6. STREET WASTE DISPOSAL

APPENDIX 7. DETERMINING CONSTRUCTION SITE DAMAGE TRANSPORT 

POTENTIAL

APPENDIX 8. ANNUAL REPORT FOR NEW PERMITTEES

APPENDIX 9. STORMWATER DISCHARGE MONITORING
Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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SPECIAL CONDITIONS

S1. PERMIT COVERAGE AREA 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 west of the eastern boundaries of the following 

counties: Whatcom, Skagit, Snohomish, King, Pierce, Lewis and Skamania. 

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 have coverage under this Permit, the geographic area 

of coverage is the urbanized areas and urban growth areas associated with 

permitted cities under the jurisdictional control of the county. The geographic area 

of coverage also includes any urban growth area contiguous to permitted 

urbanized areas under the jurisdictional control of the county.

3. For Whatcom County, the geographic area of coverage also includes the 

unincorporated Birch Bay urban growth area.

4. For Secondary Permittees required to obtain coverage under this permit, the 

minimum geographic area of coverage is all areas identified under S1.A.1 and 

S1.A.2. At the time of permit coverage, the Washington State Department of 

Ecology (Ecology) may establish a geographic area of coverage specific to an 

individual Secondary Permittee. 

5. All regulated small MS4s owned or operated by the Permittees named in 

S1.D.2.a(i) and (ii),and S1.D.2.b and located in another city or county area 

requiring coverage under this permit or the Phase I Municipal Stormwater Permit

or the Eastern Washington Phase II 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 permit, unless waived or 

exempted in accordance with condition S1.C.

1. A regulated small MS4:

a. Is a “Small MS4” as defined in the Definitions and Acronyms section at the 

end of this Permit; and

b. Is located within, or partially located within, an urbanized area as defined by 

the latest decennial census conducted by the U.S. Bureau of Census, or 
S1.B.2 S1.B.5

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designated by Ecology pursuant to 40 CFR 123.35(b) or 40 CFR 122.26(f); 

and

c. Discharges stormwater from the MS4 to a surface water of Washington State; 

and

d. Is not eligible for a waiver or exemption under S1.C. below.

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 small MS4s may include, but are not limited to: flood control, or 

diking and drainage districts, schools including universities, and correctional 

facilities that 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 RCW 

90.48.

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 S1.D.1. 

below.

5. Pursuant to 40 CFR 122.26(f), any person or organization may petition Ecology to 

require that additional small MS4s obtain coverage under this Permit. The process 

for petitioning Ecology is:

a. The person or organization shall submit a complete petition in writing to 

Ecology. A complete petition shall address each of the relevant factors for 

petitions outlined on Ecology’s website.

b. In making its determination on the petition, Ecology may request additional

information from either the petitioner or the entity that is the subject of the 

petition.

c. Ecology will make a final determination on a complete petition within 180 

days of receipt of the petition and inform both the petitioner and the MS4 of 

the decision, in writing.

d. If Ecology’s final determination is that the candidate MS4 will be regulated, 

Ecology will issue an order to the operator of the MS4 requiring them to 

obtain coverage under this Permit. The order will specify:

i. The geographic area of permit coverage for the MS4;
S1.C.1 S1.C.2

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ii. Any modified dates or deadlines for developing and implementing this 

Permit, as appropriate to the MS4, and for submitting their first annual 

report; and

iii. A deadline for the operator of the MS4 to submit a complete Notice of 

Intent (see Appendix 5) to Ecology.

C. 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:

a. A federal entity, including any department, agency or instrumentality of the 

executive, legislative, and judicial branches of the Federal government of the 

United States. 

b. Federally recognized Indian Tribes located within Indian Country, including 

all trust or restricted lands within the 1873 Survey Area of the Puyallup Tribe 

of Indians; or

c. The Washington State Department of Transportation.

or:

2. The portions of the small MS4 located within the census defined urban area(s) 

serve a total population of less than 1000 people and a, b, and c, below all apply:

a. The small MS4 is not contributing substantially to the pollutant loadings of a 

physically interconnected MS4 that is regulated by the NPDES stormwater 

program.

b. The discharge of pollutants from the small MS4 has not been identified as a 

cause of impairment of any water body to which the MS4 discharges.

c. In areas where an EPA approved TMDL has been completed, stormwater 

controls on the MS4 have not been identified as being necessary.

In determining the total population served, both resident and commuter 

populations shall be included. For example:

• 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. 
S1.D.1 S1.D.2

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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” shall include a city, town, or county 

Permittee, New Permittee, Co-Permittee, Secondary Permittee, and New 

Secondary Permittee as defined below:

a. “Permittee” is a city, town, or county owning or operating a regulated small 

MS4 applying and receiving a permit as a single entity.

b. “New Permittee” is a city, town, or county that is subject to the Western 

Washington Phase II Municipal Stormwater General Permit and was not 

subject to the permit prior to August 1, 2013.

c. “Co-Permittee” is any owner or operator of a regulated small MS4 that is 

applying in a cooperative agreement with at least one other applicant for 

coverage under this Permit. Co-Permittees own or operate a regulated small 

MS4 located within or in proximity to another regulated small MS4.

d. A “Secondary Permittee” is an operator of a regulated small MS4 that is not a 

city, town or county. Secondary Permittees include special purpose districts 

and other MS4s that meet the criteria for a regulated small MS4 in S1.B. 

above.

e. “New Secondary Permittee” is a Secondary Permittee that is covered under a 

municipal stormwater general permit and was not covered by the permit prior 

to August 1, 2013.

2. Operators of regulated small MS4s have submitted or shall submit to Ecology 

either a Notice of Intent (NOI) for Coverage under National Pollutant Discharge 

Elimination System (NPDES) Municipal Stormwater General Permit provided in 

Appendix 5 or a Duty to Reapply - NOI.

a. The following Permittees and Secondary Permittees submitted a Duty to 

Reapply - NOI to Ecology prior to August 19, 2011: 

i. Cities and towns: Aberdeen, Algona, Anacortes, Arlington, Auburn, 

Bainbridge Island, Battle Ground, Bellevue, Bellingham, Black 

Diamond, Bonney Lake, Bothell, Bremerton, Brier, Buckley, Burien, 

Burlington, Camas, Centralia, Clyde Hill, Covington, Des Moines, 

DuPont, Duvall, Edgewood, Edmonds, Enumclaw, Everett, Federal 

Way, Ferndale, Fife, Fircrest, Gig Harbor, Granite Falls, Issaquah, 

Kelso, Kenmore, Kent, Kirkland, Lacey, Lake Forest Park, Lake 

Stevens, Lakewood, Longview, Lynnwood, Maple Valley, Marysville, 
S1.D.2 S1.D.2

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Medina, Mercer Island, Mill Creek, Milton, Monroe, Mountlake 

Terrace, Mount Vernon, Mukilteo, Newcastle, Normandy Park, Oak 

Harbor, Olympia, Orting, Pacific, Port Orchard, Port Angeles, 

Poulsbo, Puyallup, Redmond, Renton, Sammamish, SeaTac, SedroWoolley, Shoreline, Snohomish, Steilacoom, Sumner, Tukwila, 

Tumwater, University Place, Vancouver, Washougal, and 

Woodinville.

ii. Counties: Cowlitz, Kitsap, Thurston, Skagit, and Whatcom. 

iii. Secondary Permittees: Bainbridge Island School District #303, 

Bellingham School District, Bellingham Technical College, Cascadia 

College, Central Kitsap School District, Centralia College, Clark 

College, Consolidated Diking Improvement District #1 of Cowlitz 

County, Edmonds Community College, Evergreen College, Highline 

Community College, Kelso School District, Kent School District, 

Longview School District, Lower Columbia College, Port of 

Anacortes, Port of Bellingham, Port of Olympia, Port of Skagit 

County, Port of Vancouver, Skagit County Drainage District #19, 

Skagit Valley College, University of Washington Bothell, Washington 

State University Vancouver, Washington State General Administration 

(Capitol Campus), Washington Department of Corrections, Western 

Washington University, and Whatcom Community College.

b. Operators of regulated small MS4s have submitted or shall submit to Ecology 

a Notice of Intent (NOI) for Coverage under National Pollutant Discharge 

Elimination System (NPDES) Municipal Stormwater General Permit provided 

in Appendix 5 before the effective date of this permit, with the following 

exceptions: 

i. Operators of regulated small MS4s located in the Cities of Lynden and 

Snoqualmie shall submit a NOI or application to Ecology no later than 

30 days after the effective date of this permit.

ii. Operators of regulated small MS4s listed in S1.D.2.a do not need to 

submit a new application to be covered under this permit.

c. For operators of regulated small MS4s listed in S1.D.2.a, coverage under this 

permit is automatic and begins on the effective date of this permit, unless the 

operator chooses to opt out of this General Permit. Any operator of a regulated 

small MS4 that is opting out of this permit shall submit an application for an 

individual MS4 permit in accordance with 40 CFR 122.33(b)(2)(ii) no later 

than the effective date of this permit. 

d. Operators of regulated small MS4s which want to be covered under this 

permit as Co-Permittees shall each submit a NOI to Ecology. 
S1.D.3 S2.A.2

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e. Operators of regulated small MS4s which are relying on another entity to 

satisfy all of their permit obligations shall submit a NOI to Ecology. 

f. Operators of small MS4s designated by Ecology pursuant to S1.B.3 of this 

permit shall submit a NOI to Ecology within 120 days of receiving 

notification from Ecology that permit coverage is required. 

3. Application Requirements

a. For NOIs submitted after the issuance date of this Permit, the applicant shall 

include a certification that the public notification requirements of WAC 173-

226-130(5) have been satisfied. Ecology will notify applicants in writing of 

their status concerning coverage under this Permit within 90 days of 

Ecology’s receipt of a complete NOI. 

b. Each Permittee applying as a Co-Permittee shall submit a NOI provided in 

Appendix 5. The NOI shall clearly identify the areas of the MS4 for which the 

Co-Permittee is responsible.

c. Permittees relying on another entity or entities to satisfy one or more of their 

permit obligations shall notify Ecology in writing. The notification shall 

include a summary of the permit obligations that will be carried out by 

another entity. The summary shall identify the other entity or entities and shall 

be signed by the other entity or entities. During the term of the permit, 

Permittees may terminate or amend shared responsibility arrangements by 

notifying Ecology, provided this does not alter implementation deadlines.

d. Secondary Permittees required to obtain coverage under this Permit, and the 

Phase I Municipal Stormwater Permit or the Eastern Washington Phase II 

Municipal Stormwater Permit may obtain coverage by submitting a single 

NOI.

S2. AUTHORIZED DISCHARGES

A. This Permit authorizes the discharge of stormwater to surface waters and to ground 

waters of the state from MS4s owned or operated by each Permittee covered under 

this permit, in the geographic area covered pursuant to S1.A. These discharges are 

subject to the following limitations:

1. Discharges to ground waters 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 ground waters 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.
S2.B.1 S3.A.2

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B. This Permit authorizes discharges of non-stormwater flows to surface waters and to 

ground waters of the state from MS4s owned or operated by each Permittee covered 

under this permit, in the geographic area covered pursuant to S1.A, only under one or 

more of the following conditions:

1. The discharge is authorized by a separate NPDES or State Waste Discharge 

permit.

2. The discharge is from emergency fire fighting activities.

3. The discharge is from another illicit or non-stormwater discharge that is managed 

by the Permittee as provided in Special Condition S5.C.3 or S6.C.3.

These discharges are also subject to the limitations in S2.A.1 and S.2.A.2 above.

C. 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. 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. This Permit does not authorize discharges of stormwater to waters within Indian 

Country 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.

S3. RESPONSIBILITIES OF PERMITTEES

A. Each Permittee covered under this Permit is responsible for compliance with the 

terms of this Permit for the regulated small MS4s that they own or operate. 

Compliance with (1) or (2) below is required as applicable to each Permittee, whether 

the Permittee has applied for coverage as a Permittee, Co-Permittee, or 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 Special 

Condition 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 section S5 

Stormwater Management Program for Cities, Towns, and Counties and S8.B, 

S8.C, and S8.D Monitoring.
S3.B.1 S4.F.1

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B. 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 permit conditions. Permittees may rely on another entity provided 

all 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) as indicated on the NOI.

S4. COMPLIANCE WITH STANDARDS 

A. 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. This Permit does not authorize a discharge which would be a violation of Washington 

State Surface Water Quality Standards (chapter 173-201A WAC), Ground Water 

Quality Standards (chapter 173-200 WAC), Sediment Management Standards 

(chapter 173-204 WAC), or human health-based criteria in the national Toxics Rule 

(Federal Register, Vol. 57, NO. 246, Dec. 22, 1992, pages 60848-60923). The 

required response to such discharges is defined in section S4.F, below.

C. The Permittee shall reduce the discharge of pollutants to the maximum extent 

practicable (MEP).

D. 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. In order to meet the goals of the Clean Water Act, and comply with S4.A, S4.B, S4.C, 

and S4.D each Permittee shall comply with all of the applicable requirements of this 

Permit as identified in S3. Responsibilities of Permittees.

F. A Permittee remains in compliance with S4 despite any discharges prohibited by 

S4.A or S4.B, when the Permittee undertakes the following response toward longterm water quality improvement:

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 sitespecific 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 
S4.F.1 S4.F.3

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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 

S4.F.1 or through any other means, that a discharge from an 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 S4.F.3 below is 

required, unless:

a. Ecology also determines that the violation of Water Quality Standards is 

already being addressed by a Total Maximum Daily Load (TMDL) or other 

enforceable water quality cleanup plan; or

b. Ecology concludes the MS4 contribution to the violation will be eliminated 

through implementation of other permit requirements.

3. Adaptive Management Response

a. Within 60 days of receiving a notification under S4.F.2, or by an alternative 

date established by Ecology, the Permittee shall review its Stormwater 

Management Program (SWMP) and submit a report to Ecology. The report 

shall include:

i. A description of the operational and/or structural 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 best management practice (BMP).

ii. 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. 

iii. 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.

iv. A schedule for implementing the additional BMPs including, as 

appropriate: funding, training, purchasing, construction, monitoring, 

and other assessment and evaluation components of implementation.

b. Ecology will, in writing, acknowledge receipt of the report within a 

reasonable time and notify the Permittee when it expects to complete its 

review of the report. Ecology will either approve the additional BMPs and 

implementation schedule or require the Permittee to modify the report as 
S4.G.1 S4.G.3

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needed to meet AKART on a site-specific basis. If modifications are required, 

Ecology will specify a reasonable time frame in which the Permittee shall 

submit and Ecology will review the revised report.

c. The Permittee shall implement the additional BMPs, pursuant to the schedule 

approved by Ecology, beginning immediately upon receipt of written 

notification of approval.

d. The Permittee shall include with each subsequent annual report a summary of 

the status of implementation and the results of any monitoring, assessment or 

evaluation efforts conducted during the reporting period. If, based on the 

information provided under this subsection, Ecology determines that 

modification of the BMPs or implementation schedule is necessary to meet 

AKART on a site-specific basis, the Permittee shall make such modifications 

as Ecology directs. In the event there are ongoing violations of water quality 

standards despite the implementation of the BMP approach of this section, the 

Permittee may be subject to compliance schedules to eliminate the violation 

under WAC 173-201A-510(4) and WAC 173-226-180 or other enforcement 

orders as Ecology deems appropriate during the term of this permit.

e. A TMDL or other enforceable water quality cleanup plan that has been 

approved and is being implemented to address the MS4’s contribution to the 

Water Quality Standards violation supersedes and terminates the S4.F.3 

implementation plan.

f. Provided the Permittee is implementing the approved adaptive management 

response under this section, the Permittee remains in compliance with 

Condition S4, despite any on-going violations of Water Quality Standards 

identified under S4.A or B above.

g. The adaptive management process provided under Section S.4.F is not 

intended to create a shield for the Permittee from any liability it may face 

under 42 U.S.C. 9601 et seq. or chapter 70.105D RCW.

G. Ecology may modify or revoke and reissue this General Permit in accordance with 

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,

2. Comply with the state AKART requirements, or

3. Control the discharge of toxicants to waters of the State of Washington.
S5.A.1 S5.A.3

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S5. STORMWATER MANAGEMENT PROGRAM FOR CITIES, TOWNS, AND 

COUNTIES 

A. Each Permittee shall develop and implement a Stormwater Management Program 

(SWMP). A SWMP is a set of actions and activities comprising the components listed 

in S5 and any additional actions necessary, to meet the requirements of applicable 

TMDLs pursuant to S7 Compliance with TMDL Requirements, and S8 Monitoring 

and Assessment. This section applies to all cities, towns, and counties covered under 

this Permit, including cities, towns, and counties that are Co-Permittees. Where the 

term “Permittee” is used in this section the requirements apply to all cities, towns, and 

counties covered under this Permit. 

New Permittees subject to this permit as described in S1.D.1.b shall fully meet the 

requirements in S5 as modified in footnotes below, or as specified in an alternate 

schedule as a condition of coverage by Ecology. Permittees obtaining coverage after 

the issuance date of this permit shall fully meet the requirements in S5 as specified in 

an alternate schedule as a condition of coverage by Ecology.

1. At a minimum the Permittee’s SWMP shall be implemented throughout the 

geographic area subject to this Permit as described in S1.A.1

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 S5.C or a format approved by Ecology, and shall be updated at 

least annually for submittal with the Permittee’s annual reports to Ecology (see S9 

Reporting and Record Keeping). The SWMP Plan shall be written to inform the 

public of the planned SWMP activities for the upcoming calendar year, and shall 

include a description of:

a. Planned activities for each of the program components included in S5.C.

b. Any additional planned actions to meet the requirements of applicable 

TMDLs pursuant to S7 Compliance with Total Maximum Daily Load 

Requirements.

c. Any additional planned actions to meet the requirements of S8 Monitoring. 

3. The SWMP shall include an ongoing program for gathering, tracking, 

maintaining, and using information to evaluate SWMP development, 

implementation and permit compliance and to set priorities.

 

1 New Permittees shall fully develop and implement the SWMP in accordance with the schedules contained in this 

section no later than February 2, 2018.
S5.A.4 S5.A.5

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 16 of 74

a. Each Permittee shall track the cost or estimated cost of development and 

implementation of each component of the SWMP.2 This information shall be 

provided to Ecology upon request.

b. Each Permittee shall track the number of inspections, official enforcement 

actions and types of public education activities as required by the respective 

program component. This information shall be included in the annual report.

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

a. Coordination among entities covered under municipal stormwater NPDES 

permits may be necessary to comply with certain conditions of the SWMP. 

The SWMP should include, when needed, coordination mechanisms among 

entities covered under a municipal stormwater NPDES permit to encourage 

coordinated stormwater-related policies, programs and projects within 

adjoining or shared areas, including:

i. Coordination mechanisms clarifying roles and responsibilities for the 

control of pollutants between physically interconnected MS4s covered 

by a municipal stormwater permit.

ii. Coordinating stormwater management activities for shared water 

bodies among Permittees to avoid conflicting plans, policies and 

regulations.

b. The SWMP shall include coordination mechanisms among departments within 

each jurisdiction to eliminate barriers to compliance with the terms of this 

permit. Permittees shall include a written description of internal coordination 

mechanisms in the Annual Report due no later than March 31, 2015.

B. The SWMP shall be designed to reduce the discharge of pollutants from regulated 

small MS4s to the MEP, meet state AKART requirements, and protect water quality. 

C. The SWMP shall include the components listed below. To the extent allowable under 

state or federal law, all components are mandatory for city, town or county Permittees 

covered under this permit. 

 

2 New Permittees shall begin implementing the requirements of S5.A.3.a no later than August 1, 2015.
S5.C.1 S5.C.1

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 17 of 74

1. Public Education and Outreach

The SWMP shall include an education and outreach program designed to reduce 

or eliminate behaviors and practices that cause or contribute to adverse 

stormwater impacts and encourage the public to participate in stewardship 

activities. The education program may be developed and implemented locally or 

regionally.

The minimum performance measures are:

a. Each Permittee shall provide an education and outreach program for the area 

served by the MS4. The program shall be designed to educate target audiences 

about the stormwater problem and provide specific actions they can follow to 

minimize the problem.3

i. To build general awareness, Permittees shall select from the following

target audiences and subject areas: 

(a) General public (including school age children), and businesses 

(including home-based and mobile businesses)

• General impacts of stormwater on surface waters.

• Impacts from impervious surfaces.

• Impacts of illicit discharges and how to report them.

• Low impact development (LID) principles and LID BMPs.

• Opportunities to become involved in stewardship 

activities.

(b) Engineers, contractors, developers and land use planners

• Technical standards for stormwater site and erosion 

control plans. 

• LID principles and LID BMPs. 

• Stormwater treatment and flow control BMPs/facilities.

ii. To effect behavior change, Permittees shall select from the following 

target audiences and BMPs:

 

3 New Permittees shall begin implementing the requirements of S5.C.1 no later than August 1, 2015.
S5.C.2 S5.C.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 18 of 74

(a) General public (which may include school age children), 

businesses (including home-based and mobile businesses)

• Use and storage of automotive chemicals, hazardous 

cleaning supplies, carwash soaps and other hazardous 

materials. 

• Equipment maintenance.

• Prevention of illicit discharges.

(b) Residents, landscapers and property managers/owners

• Yard care techniques protective of water quality. 

• Use and storage of pesticides and fertilizers and other 

household chemicals.

• Carpet cleaning and auto repair and maintenance. 

• Vehicle, equipment and home/building maintenance.

• Pet waste management and disposal.

• LID principles and LID BMPs.

• Stormwater facility maintenance.

• Dumpster and trash compactor maintenance.

b. Each Permittee shall create stewardship opportunities and/or partner with

existing organizations to encourage residents to participate in activities such 

as stream teams, storm drain marking, volunteer monitoring, riparian plantings 

and education activities.

c. Each Permittee shall measure the understanding and adoption of the targeted 

behaviors for at least one target audience in at least one subject area. No later 

than February 2, 2016, Permittees shall use the resulting measurements to 

direct education and outreach resources most effectively, as well as to 

evaluate changes in adoption of the targeted behaviors.4 Permittees may meet 

this requirement individually or as a member of a regional group.

 

4 By no later than August 1, 2017, 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.
S5.C.2 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 19 of 74

2. Public Involvement and Participation

Permittees shall provide ongoing opportunities for public involvement and 

participation through advisory councils, public hearings, watershed committees, 

participation in developing rate-structures or other similar activities. Each 

Permittee shall comply with applicable state and local public notice requirements 

when developing elements of the SWMP. 

The minimum performance measures are:

a. Permittees shall create opportunities for the public to participate in the 

decision-making processes involving the development, implementation and 

update of the Permittee’s SWMP.5

 

b. Each Permittee shall post on their website their SWMP Plan and the annual 

report required under S9.A no later than May 31 each year. All other 

submittals shall be available to the public upon request. To comply with the 

posting requirement, a Permittee that does not maintain a website may submit 

the updated SWMP in electronic format to Ecology for posting on Ecology’s 

website. 

3. Illicit Discharge Detection and Elimination

The SWMP shall include an ongoing program designed to prevent, detect, 

characterize, trace and eliminate illicit connections and illicit discharges into the 

MS4. 

The minimum performance measures are:

a. Mapping of the MS4 shall continue on an ongoing basis.6 MS4 maps shall be 

periodically updated. Update maps if necessary to meet the requirements of 

this section no later than February 2, 2018. At a minimum, maps shall include 

the following information:

i. Known MS4 outfalls and known MS4 discharge points.

ii. Receiving waters, other than ground water.

iii. Stormwater treatment and flow control BMPs/facilities owned or

operated by the Permittee.

 

5 New Permittees shall develop and begin to implement requirements of S5.C.2.a no later than August 1, 2014.

6 New Permittees shall meet the requirements to map the MS4 according to S5.C.3.a no later than February 2, 2018, 

except where otherwise noted in this section.
S5.C.3 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 20 of 74

iv. 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 attributes shall be mapped: 

• Tributary conveyance type, material, and size where known.

• Associated drainage areas.

• Land use.

v. All connections to the MS4 authorized or allowed by the Permittee 

after February 16, 2007.7

vi. Connections between the MS4 owned or operated by the Permittee and

other municipalities or public entities.

vii. Geographic areas served by the Permittee’s MS4 that do not discharge 

stormwater to surface waters.

viii. To the extent consistent with national security laws and directives, 

each Permittee shall make available to Ecology upon request, MS4

map(s) depicting the information required in S5.C.3.a.i through vi

above. The preferred format for mapping will be an electronic format 

with fully described mapping standards. An example description is 

available on Ecology website.

ix. Upon request, and to the extent appropriate, Permittees shall provide 

mapping information to federally-recognized Indian Tribes, 

municipalities, and other Permittees. This permit does not preclude 

Permittees from recovering reasonable costs associated with fulfilling 

mapping information requests by federally-recognized Indian Tribes, 

municipalities, and other Permittees.

b. Each Permittee shall implement an ordinance or other regulatory mechanism 

to effectively prohibit non-stormwater, illicit discharges into the Permittee’s 

MS4 to the maximum extent allowable under state and federal law.8

 

i. Allowable Discharges: The regulatory mechanism does not need to 

prohibit the following categories of non-stormwater discharges: 

• Diverted stream flows

• Rising ground waters

 

7 New Permittees shall meet the requirements of S5.C.3.a.v. after August 1, 2013 for all connections to the MS4 

authorized after August 1, 2013.

8 New Permittees shall meet the requirements of S5.C.3.b no later than February 2, 2016.
S5.C.3 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 21 of 74

• Uncontaminated ground water infiltration (as defined at 40 

CFR 35.2005(b)(20))

• Uncontaminated pumped ground water 

• 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

• Discharges from emergency fire fighting activities in 

accordance with S2 Authorized Discharges

ii. Conditionally Allowable Discharges: The regulatory mechanism may 

allow the following categories of non-stormwater discharges only if

the stated conditions are met:

• 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 re-suspension 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 (see section S5.C.1) and water 

conservation efforts.

• Dechlorinated swimming pool, spa and hot tub discharges. The 

discharges shall be dechlorinated to a total residual chlorine 

concentration of 0.1 ppm or less, pH-adjusted and 

reoxygenized if necessary, volumetrically and velocity 

controlled to prevent re-suspension of sediments in the MS4. 
S5.C.3 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 22 of 74

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, water used to control dust, and 

routine external building washdown that does not use

detergents. The Permittee shall reduce these discharges 

through, at a minimum, public education activities (see section 

S5.C.1) and/or water conservation efforts. To avoid washing 

pollutants into the MS4, Permittees shall minimize the amount 

of street wash and dust control water used. 

• Other non-stormwater discharges. The discharges shall be in 

compliance with the requirements of a pollution prevention 

plan reviewed by the Permittee, which addresses control of 

such discharges. 

iii. The Permittee shall further address any category of discharges in (i) or

(ii) above if the discharges are identified as significant sources of 

pollutants to waters of the State.

iv. The ordinance or other regulatory mechanism shall include escalating 

enforcement procedures and actions.

v. 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 may 

need to include the following tools:

• The application of operational and/or structural source control 

BMPs for pollutant generating sources associated with existing 

land uses and activities where necessary to prevent illicit 

discharges. The source control BMPs referenced in this subsection 

are in Volume IV of the Stormwater Management Manual for 

Western Washington, or an equivalent manual approved by 

Ecology under the 2013 Phase I Permit.

• The maintenance of stormwater facilities which discharge into the 

Permittee’s MS4 in accordance with maintenance standards 

established under S5.C.4 and/or S5.C.5 where necessary to prevent 

illicit discharges.
S5.C.3 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 23 of 74

vi. The Permittee’s ordinance or other regulatory mechanism in effect as 

of the effective date of this permit shall be revised if necessary to meet 

the requirements of this section no later than February 2, 2018.

c. Each Permittee shall implement an ongoing program designed to detect and 

identify non-stormwater discharges and illicit connections into the Permittee’s 

MS4.9 The program shall include the following components:

i. Procedures for conducting investigations of the Permittee’s MS4,

including field screening and methods for identifying potential 

sources. 

The Permittee shall implement a field screening methodology 

appropriate to the characteristics of the MS4 and water quality 

concerns. Screening for illicit connections may be conducted using: 

Illicit Discharge Detection and Elimination: A Guidance Manual for 

Program Development and Technical Assessments, Center for 

Watershed Protection, October 2004, or another methodology of 

comparable or improved effectiveness. The Permittee shall document 

the field screening methodology in the relevant Annual Report.

All Permittees, except for the City of Aberdeen, shall complete field 

screening for at least 40% of the MS4 no later than December 31, 

2017,

10 and on average 12% each year thereafter. The City of 

Aberdeen shall complete field screening for at least 40% of the system 

no later than June 30, 2018 and on average 12% each year thereafter.

ii. A publicly listed and publicized hotline or other telephone number for 

public reporting of spills and other illicit discharges.11

iii. An ongoing training program for all municipal field staff, who, as part 

of their normal job responsibilities, might come into contact with or 

otherwise observe an illicit discharge and/or illicit connection to the 

MS4, on the identification of an illicit discharge and/or connection, 

and on the proper procedures for reporting and responding to the illicit 

discharge and/or connection. Follow-up training shall be provided as 

needed to address changes in procedures, techniques, requirements, or 

 

9 New Permittees shall fully implement the requirements of S5.C.3.c no later than February 2, 2018, except where 

otherwise noted in this section. 

10 New Permittees shall complete S5.C.3.c.i requirements for field screening covering at least 12% of the MS4 

within the Permittee’s coverage area no later than December 31, 2017, and on average 12% each year thereafter.

11 New Permittees shall implement the requirements of S5.C.3.c.ii no later than August 1, 2015.
S5.C.3 S5.C.3

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 24 of 74

staffing. Permittees shall document and maintain records of the 

trainings provided and the staff trained.12

iv. Permittees shall inform public employees, businesses, and the general 

public of hazards associated with illicit discharges and improper 

disposal of waste.13

d. Each Permittee shall implement an ongoing program designed to address 

illicit discharges, including spills and illicit connections, into the Permittee’s 

MS4.14 The program shall include:

i. 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 must be immediately contained and steps to be 

taken for containment of the discharge.

ii. 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.

iii. Procedures for eliminating the discharge; including notification of 

appropriate authorities; notification of the property owner; technical 

assistance; follow-up inspections; and use of the compliance strategy 

developed pursuant to S5.C.3.b.v, including escalating enforcement 

and legal actions if the discharge is not eliminated.

iv. Compliance with the provisions in (i), (ii), and (iii), above, shall be 

achieved by meeting the following timelines:

• 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.

• Investigate (or refer to the appropriate agency with the authority to 

act) within 7 days, on average, any complaints, reports or 

monitoring information that indicates a potential illicit discharge.

 

12 New Permittees shall develop and begin implementing the ongoing training program described in S5.C.3.c.iii no 

later than February 2, 2016.

13 New Permittees shall inform public employees, businesses, and the general public of hazards associated with 

illicit discharges no later than February 2, 2017. 

14 New Permittees shall fully develop and implement the requirements of S5.C.3.d no later than February 2, 2018.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 25 of 74

• 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. 

• Upon confirmation of an illicit connection, use the compliance 

strategy in a documented effort to eliminate the illicit connection 

within 6 months. All known illicit connections to the MS4 shall be 

eliminated.

e. Permittees shall train staff who are responsible for identification, 

investigation, termination, cleanup, and reporting of illicit discharges, 

including spills, and illicit connections, to conduct these activities. 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 training provided and the staff trained.15

f. Recordkeeping: Permittees shall track and maintain records of the activities 

conducted to meet the requirements of this section.

4. Controlling Runoff from New Development, Redevelopment and 

Construction Sites

Each Permittee shall implement and enforce a program to reduce pollutants 

in stormwater runoff to a regulated small MS4 from new development,

redevelopment and construction site activities. The program shall apply to 

private and public development, including roads.16

The minimum performance measures are:

a. Implement an ordinance or other enforceable mechanism that addresses runoff 

from new development, redevelopment, and construction site projects. Except 

for Permittees in Lewis and Cowlitz Counties and the City of Aberdeen, the 

ordinance or other enforceable mechanism to implement (i) through (iii), 

below, shall be adopted and effective no later than December 31, 2016. The 

local program adopted to meet the requirements of S5.C.4.a(i) through (iii), 

below shall apply to all applications17 submitted on or after January 1, 2017

and shall apply to applications submitted prior to January 1, 2017, which have 

 

15 New Permittees shall meet the requirements of S5.C.3.e no later than February 2, 2016.

16 New Permittees shall meet the requirements of S5.C.4 no later than December 31, 2017, except where otherwise 

specified in this section. 

17 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.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 26 of 74

not started construction18 by January 1, 202219.

For Permittees in Lewis and Cowlitz Counties the ordinance or other 

enforceable mechanism to implement (i) through (iii), below, shall be 

adopted and effective no later than June 30, 2017. The local program adopted to 

meet the requirements of S5.C.4.a(i) through (iii), below shall apply to all 

applications submitted on or after July 1, 2017 and shall apply to applications 

submitted prior to July 1, 2017, which have not started construction by June 30, 

2022.

For the City of Aberdeen the ordinance or other enforceable mechanism to 

implement (i) through (iii), below, shall be adopted and effective no later than 

June 30, 2018. The local program adopted to meet the requirements of 

S5.C.4.a(i) through (iii), below shall apply to all applications submitted on or 

after July 1, 2018 and shall apply to applications submitted prior to July 1, 

2018, which have not started construction by June 30, 2023.

The ordinance or other enforceable mechanism shall include, at a minimum:

i. The Minimum Requirements, thresholds, and definitions in Appendix

1 or a program approved by Ecology under the 2013 NPDES Phase I 

Municipal Stormwater Permit, for new development, redevelopment, 

and construction sites. Adjustment and variance criteria equivalent to 

those in Appendix 1 shall be included. More stringent requirements 

may be used, and/or certain requirements may be tailored to local 

circumstances through the use of Ecology-approved basin plans or 

other similar water quality and quantity planning efforts. Such local 

requirements and thresholds shall provide equal protection of receiving 

waters and equal levels of pollutant control to those provided in 

Appendix 1. 

ii. The local requirements shall include the following requirements, 

limitations, and criteria that, when used to implement the minimum 

requirements in Appendix 1 (or program approved by Ecology under 

the 2013 Phase I Permit) will protect water quality, reduce the 

 

18 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.

19 New Permittees shall meet the requirements of S5.C.4.a no later than December 31, 2017. The local program shall 

apply to all applications submitted on or after January 1, 2018 and shall apply to applications submitted prior to 

January 1, 2018, which have not started construction by January 1, 2023.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 27 of 74

discharge of pollutants to the MEP, and satisfy the State requirement 

under chapter 90.48 RCW to apply AKART prior to discharge: 

(a) Site planning requirements

(b) BMP selection criteria

(c) BMP design criteria

(d) BMP infeasibility criteria

(e) LID competing needs criteria

(f) BMP limitations

Permittees shall document how the criteria and requirements will 

protect water quality, reduce the discharge of pollutants to the MEP, 

and satisfy State AKART requirements. 

Permittees who choose to use the requirements, limitations, and 

criteria above in the Stormwater Management Manual for Western 

Washington, or a program approved by Ecology under the 2013 Phase 

I Permit, may cite this choice as their sole documentation to meet this 

requirement.

iii. The legal authority, through the approval process for new development

and redevelopment, to inspect and enforce maintenance standards for 

private stormwater facilities approved under the provisions of this 

section that discharge to the Permittee’s MS4.

b. The program shall include a permitting process with site plan review, 

inspection and enforcement capability to meet the standards listed in (i) 

through (iv) below, for both private and public projects, using qualified 

personnel (as defined in Definitions and Acronyms). At a minimum, this 

program shall be applied to all sites that meet the minimum thresholds 

adopted pursuant to S5.C.4.a.i, above. 

i. Review of all stormwater site plans for proposed development 

activities. 

ii. Inspect, prior to clearing and construction, all permitted development 

sites that have a high potential for sediment transport as determined 

through plan review based on definitions and requirements in 

Appendix 7 Determining Construction Site Sediment Damage 

Potential. As an alternative to evaluating each site according to 

Appendix 7, Permittees may choose to inspect all construction sites 

that meet the minimum thresholds adopted pursuant to S5.C.4.a.i, 

above.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 28 of 74

iii. Inspect all permitted development sites during construction to verify 

proper installation and maintenance of required erosion and sediment 

controls. Enforce as necessary based on the inspection. 

iv. Inspect all permitted development sites upon completion of 

construction and prior to final approval or occupancy to ensure proper 

installation of permanent stormwater facilities. Verify that a 

maintenance plan is completed and responsibility for maintenance is 

assigned for stormwater treatment and flow control BMPs/facilities. 

Enforce as necessary based on the inspection. 

v. Compliance with the inspection requirements in (ii), (iii) and (iv) 

above, shall be determined by the presence and records of an 

established inspection program designed to inspect all sites. 

Compliance during this permit term shall be determined by achieving 

at least 80% of scheduled inspections. 

vi. An enforcement strategy shall be implemented to respond to issues of 

non-compliance. 

c. The program shall include provisions to verify adequate long-term operation 

and maintenance (O&M) of stormwater treatment and flow control 

BMPs/facilities that are permitted and constructed pursuant to (b) above. 

Except for Permittees located in Lewis or Cowlitz Counties and the City of 

Aberdeen, these provisions shall be in place no later than December 31, 2016. 20 For Permittees in Lewis and Cowlitz Counties, the provisions shall be in 

place no later than June 30, 2017. For the City of Aberdeen, the provisions 

shall be in place no later than June 30, 2018. The provisions shall include: 

i. Implementation of an ordinance or other enforceable mechanism that 

clearly identifies the party responsible for maintenance, requires 

inspection of facilities in accordance with the requirements in (ii) 

through (iv) below, and establishes enforcement procedures. 

ii. Each Permittee shall establish maintenance standards that are as 

protective or more protective of facility function than those specified 

in Chapter 4 of Volume V of the Stormwater Management Manual for 

Western Washington. For facilities which do not have maintenance 

standards, the Permittee shall develop a maintenance standard.

The purpose of the maintenance standard is to determine if 

maintenance is required. The maintenance standard is not a measure of 

the facility’s required condition at all times between inspections. 

 

20 New Permittees shall meet the requirements of S5.C.4.c no later than December 31, 2017.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 29 of 74

Exceeding the maintenance standard between the period of inspections 

is not a permit violation. 

iii. Annual inspections of all stormwater treatment and flow control 

BMPs/facilities that discharge to the MS4 and were permitted by the 

Permittee according to S5.C.4.b, including those permitted in 

accordance with requirements adopted pursuant to the 2007-2012 

Ecology municipal stormwater permits, unless there are maintenance 

records to justify a different frequency.

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 G19 Certification and Signature.

iv. Inspections of all permanent stormwater treatment and flow control 

BMPs/facilities and catch basins in new residential developments 

every six months until 90% of the lots are constructed (or when

construction is stopped and the site is fully stabilized) to identify 

maintenance needs and enforce compliance with maintenance 

standards as needed.

v. Compliance with the inspection requirements in (iii) and (iv) above 

shall be determined by the presence and records of an established 

inspection program designed to inspect all sites. Compliance during 

this permit term shall be determined by achieving at least 80% of 

scheduled inspections.

vi. Unless there are circumstances beyond the Permittee’s control, when 

an inspection identifies an exceedance of the maintenance standard, 

maintenance shall be performed: 

• Within 1 year for typical maintenance of facilities, except 

catch basins. 

• Within 6 months for catch basins. 

• Within 2 years for maintenance that requires capital 

construction of less than $25,000. 

Circumstances beyond the Permittee’s control include denial or 

delay of access by property owners, denial or delay of necessary 

permit approvals, and unexpected reallocations of maintenance staff 

to perform emergency work. For each exceedance of the required 
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 30 of 74

timeframe, the Permittee shall document the circumstances and how 

they were beyond their control. 

vii. The program shall include a procedure for keeping records of 

inspections and enforcement actions by staff, including inspection 

reports, warning letters, notices of violations, and other enforcement 

records. Records of maintenance inspections and maintenance 

activities shall be maintained. 

d. The program shall make available as applicable copies of the "Notice of Intent 

for Construction Activity" and copies of the "Notice of Intent for Industrial 

Activity" to representatives of proposed new development and redevelopment. 

Permittees shall continue to enforce local ordinances controlling runoff from 

sites that are also covered by stormwater permits issued by Ecology.21

e. Each Permittee shall ensure that all staff whose primary job duties are

implementing the program to control stormwater runoff from new 

development, redevelopment, and construction sites, including permitting, 

plan review, construction site inspections, and enforcement, are trained to 

conduct these activities. Follow-up training shall be provided as needed to 

address changes in procedures, techniques or staffing. Permittees shall 

document and maintain records of the training provided and the staff trained.22

f. Low impact development code-related requirements.

i. No later than December 31, 2016,23 Permittees shall review, revise and 

make effective their local development-related codes, rules, standards, 

or other enforceable documents to incorporate and require LID 

principles and LID BMPs. For Permittees in Lewis and Cowlitz 

Counties, the deadline for this requirement is no later than June 30, 

2017; for the City of Aberdeen, the deadline for this requirement is no 

later than June 30, 2018.

The intent of the revisions shall be to make LID the preferred and 

commonly-used approach to site development. The revisions shall be 

designed to minimize impervious surfaces, native vegetation loss, and 

stormwater runoff in all types of development situations. Permittees 

shall conduct a similar review and revision process, and consider the 

range of issues, outlined in the following document: Integrating LID 

 

21 New Permittees shall meet the requirements of S5.C.4.d beginning no later than August 1, 2013.

22 New Permittees shall meet the requirements of S5.C.4.e no later than December 31, 2017.

23 New Permittees shall meet the requirements of S5.C.4.f.i no later than December 31, 2017.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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into Local Codes: A Guidebook for Local Governments (Puget Sound 

Partnership, 2012).

ii. Except for Permittees in Lewis and Cowlitz Counties and the City of 

Aberdeen, each Permittee shall submit a summary of the results of the 

review and revision process in (i) above with the annual report due no 

later than March 31, 201724. Permittees in Lewis and Cowlitz Counties

shall submit the summary with the annual report due no later than 

March 31, 2018. The City of Aberdeen shall submit the summary with 

the Fifth Year annual report. This summary shall include, at a 

minimum, a list of the participants (job title, brief job description, and

department represented), the codes, rules, standards, and other 

enforceable documents reviewed, and the revisions made to those 

documents which incorporate and require LID principles and LID 

BMPs. The summary shall include existing requirements for LID 

principles and LID BMPs in development-related codes. The summary

shall be organized as follows:

(a) Measures to minimize impervious surfaces;

(b) Measures to minimize loss of native vegetation; and

(c) Other measures to minimize stormwater runoff.

g. Watershed-scale stormwater planning

The objective of watershed-scale stormwater planning is to identify a 

stormwater management strategy or strategies that would result in hydrologic 

and water quality conditions that fully support “existing uses,” and 

“designated uses,” as those terms are defined in WAC 173-201A-020, 

throughout the stream system.

Each City or County Permittee25 that has all or part of its coverage area in a 

watershed selected by a Phase I county for watershed-scale stormwater 

planning under condition S5.C.5.c of the Phase I Municipal Stormwater 

Permit must fully participate in the watershed-scale stormwater planning 

process as described in S5.C.4.g, below. Permittees may choose to participate 

in a coordinated scope of work and schedule with one or more of the 

Permittees within the selected watershed, or conduct their scope of work 

independently. 

 

24 New Permittees shall meet the S5.C.4.f.ii reporting requirement in the annual report covering calendar year 2017 

and due no later than March 31, 2018.

25 This section applies to the Phase II Permittees within King County’s selected watershed: the cities of Redmond 

and Woodinville. Bothell has minimal acreage in the Snohomish County watershed and is not required to 

participate.
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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i. No later than August 13, 2015, each Permittee within a selected 

watershed must submit to Ecology documentation of its approach to 

coordinate with other Permittees within the watershed, including: 

(a) A list of the municipal stormwater Permittees with whom the 

Permittee will undertake watershed-scale planning under a 

common scope of work; and a description of the coordination 

and dispute resolution procedures agreed to by all of the 

Permittees operating under the common scope of work; and

(b) A description of planned coordination and dispute resolution 

procedures for providing and receiving feedback from 

Permittees operating under different scopes of work within the 

same watershed, including procedures to:

1) Review, provide comment, and revise methods and 

assumptions to meet S5.C.4.g.ii (a) through (d);

2) Review, provide comment, and revise present- and futurecondition B-IBI scores, pollutant concentrations, temperature 

and hydrologic metrics used for calibrating the model; 

3) Share the results of the modeling performed by the Permittee

with all other Permittees in the watershed; 

4) Adjust the Permittee’s proposed changes to developmentrelated codes, rules, standards, plans, and potential future 

structural stormwater control projects in response to feedback 

so that the planning objectives, as described in S5.C.4.g 

above, are projected to be met throughout the watershed.

(c) It is not a permit violation if other entities, over whose actions 

the Permittee has limited or no control, refuse to participate in 

the coordination plan described in S5.C.4.g.i.

ii. No later than November 4, 2015 the Permittee must submit a scope of 

work and a schedule to Ecology for the complete watershed-scale 

stormwater planning process. The scope of work and schedule are 

subject to Ecology’s review and approval. If Ecology takes longer than 

90 days to provide a written response, the required deadline for 

submitting a final watershed-scale stormwater plan to Ecology will be 

automatically extended by the number of days Ecology exceeds 90 

days, but no later than July 30, 2018.

The scope of work and schedule must apply to the geographic extent 

of the jurisdictions of the Permittees listed under S5.C.4.g.i (a) above 

and, at a minimum, describe:
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Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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(a) An assessment of existing hydrologic, biologic, and water 

quality conditions within the selected watershed, and an 

assessment of the current status of the aquatic community. This 

assessment can be based on existing data where such data are 

available. Where such data are not available, or are not 

sufficient, the scope of work and schedule must include the 

collection of such data. 

The existing conditions assessment must, at a minimum, include 

the following: 

1) Water quality conditions as established through sampling 

during base flows and storm flows for, at a minimum, the 

following chemical parameters: dissolved copper, dissolved 

zinc, temperature, and fecal coliform. Permittees must 

identify or collect data from locations upgradient and 

downgradient of stream sections influenced by MS4 

discharges. 

2) Continuous flow monitoring of the stream to provide the data 

necessary to calibrate a continuous runoff model to the 

selected watershed. Permittees must identify or collect flow 

monitoring data from locations upgradient and downgradient 

of stream sections influenced by MS4 discharges. 

3) Macroinvertebrate data for the purpose of estimating current 

Benthic Index of Biotic Integrity (B-IBI) scores and 

comparing them with the scores predicted by the existing 

values of the hydrologic metrics in S5.C.4.g.ii (d).

4) The status of the aquatic community, including the presence 

and distribution of salmonid uses, using data from existing 

sources.

(b) Efforts to compile and/or generate maps of the selected 

watershed to identify the existing distribution and totals of 

general soil types, vegetative land cover, impervious land 

covers, and regulated and other MS4s. Maps must be sufficient 

to allow construction of a rainfall/runoff model representation of 

the watershed. Maps must also identify areas within the 

watershed appropriate for special attention in regard to 

hydrologic and water quality impacts. For example: headwater 

wetlands and critical aquifer recharge areas.

(c) How the Permittee will use the existing conditions assessment 

from S5.C.4.g.ii (a) and the maps described in S5.C.4.g.ii (b) to
S5.C.4 S5.C.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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calibrate a continuous runoff model to reflect the existing 

hydrologic, water quality, and biologic (as represented by B-IBI 

score) conditions. 

(d) How the Permittee will use the model calibrated in S5.C.4.g.ii 

(c) to estimate hydrologic changes from the historic condition; 

and to predict the future hydrologic, biologic, and water quality 

conditions at full build-out under existing or proposed 

comprehensive land use management plan(s) for the watershed. 

Future biologic conditions must be estimated by using a 

correlation of hydrologic metrics with B-IBI scores for Puget 

Sound Lowland Streams26, or other similar correlation if 

approved by Ecology. Future water quality conditions must be 

described through estimation of concentrations of, at a 

minimum, dissolved copper, dissolved zinc, temperature, and 

fecal coliform. 

(e) How, if the estimation in S5.C.4.g.ii (d) predicts water quality 

standards will not be met, the Permittee will use the calibrated 

watershed model to evaluate stormwater management strategies 

to meet the standards. The same hydrologic metrics and 

correlated B-IBI scores, and water quality parameters used in 

S5.C.4.g.ii (d) must be used to evaluate the effectiveness of 

strategies. 

1) Stormwater management strategies to be evaluated for all 

jurisdictions in the watershed must include:

• Changes to development-related codes, rules, standards, 

and plans.

• Potential future structural stormwater control projects. 

2) Stormwater management strategies evaluated may also 

include: 

• Basin-specific stormwater control requirements for new 

development and redevelopment as allowed by Section 7 

of Appendix 1.

• Strategies to encourage redevelopment and infill, and an 

assessment of options for efficient, effective runoff 

 

26 DeGasperi, C.L., Berge, H. B., Whiting, K. R., Burkey, J. J., Cassin, J. L. and Fuerstenberg, R. R. (2009), Linking 

Hydrologic Alteration to Biological Impairment in Urbanizing Streams of the Puget Lowland, Washington, USA. 

JAWRA Journal of the American Water Resources Association, 45: 512-533. Doi: 10.1111/j.1752-

1688.2009.00306.x
S5.C.5 S5.C.5

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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controls for redevelopment projects, such as regional 

facilities, in lieu of individual site requirements.

(f) How the permittee will create an implementation plan and 

schedule that includes: potential future actions to implement the 

identified stormwater management strategies, responsible 

parties, estimated costs, and potential funding mechanisms. 

(g) A public review and comment process that, at a minimum, 

focuses on the draft watershed-scale stormwater plan. The public 

review must allow for public comment from all governmental 

entities with jurisdiction within the watershed. 

iii. The watershed-scale stormwater planning process, as documented in 

the scope of work and schedule, may include an evaluation of 

strategies to preserve or improve other factors that influence 

maintenance of the existing and designated uses of the stream. 

Examples include: channel restoration, in-stream culvert replacement, 

quality of the riparian zone, gravel disturbance regime, and presence 

and distribution of large woody debris.

iv. Each Permittee (or group of Permittees operating under a single scope 

of work, as described above) must submit a final watershed-scale 

stormwater plan to Ecology no later April 4, 2018. The plan must 

summarize results of the modeling and planning process, describe 

results of the evaluation of strategies under S5.C.4.g.ii (e), and include 

the implementation plan and schedule developed pursuant to 

S5.C.4.g.ii (f). 

5. Municipal Operations and Maintenance

Each Permittee shall implement an operations and maintenance (O&M) program 

that includes a training component and has the ultimate goal of preventing or

reducing pollutant runoff from municipal operations.27

The minimum performance measures are: 

a. Each Permittee shall implement maintenance standards that are as protective, 

or more protective, of facility function than those specified in Chapter 4 of 

Volume V of the Stormwater Management Manual for Western Washington. 

For facilities which do not have maintenance standards, the Permittee shall 

develop a maintenance standard. Except for Permittees located in Lewis and 

 

27 New Permittees shall develop and implement the requirements of S5.C.5 no later than December 31, 2017 except 

where otherwise noted in this section.
S5.C.5 S5.C.5

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Modified January 16, 2015

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Cowlitz Counties and the City of Aberdeen, no later than December 31, 2016,

Permittees shall update their maintenance standards as necessary to meet the 

requirements of this section.28 For Permittees in Lewis and Cowlitz Counties, 

this requirement shall apply no later than June 30, 2017; for the City of 

Aberdeen this requirement shall apply no later than June 30, 2018.

i. The purpose of the maintenance standard is to determine if 

maintenance is required. The maintenance standard is not a measure of 

the facility’s required condition at all times between inspections. 

Exceeding the maintenance standard between inspections and/or 

maintenance is not a permit violation. 

ii. Unless there are circumstances beyond the Permittee’s control, when 

an inspection identifies an exceedance of the maintenance standard, 

maintenance shall be performed: 

• Within 1 year for typical maintenance of facilities, except catch 

basins. 

• Within 6 months for catch basins. 

• Within 2 years for maintenance that requires capital 

construction of less than $25,000. 

Circumstances beyond the Permittee’s control include denial or 

delay of access by property owners, denial or delay of necessary 

permit approvals, and unexpected reallocations of maintenance staff 

to perform emergency work. For each exceedance of the required 

timeframe, the Permittee shall document the circumstances and how 

they were beyond their control. 

b. Annual inspection of all municipally owned or operated permanent 

stormwater treatment and flow control BMPs/facilities, and taking appropriate 

maintenance actions in accordance with the adopted maintenance standards.29

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 

 

28 New Permittees shall adopt the updated maintenance standards in Chapter 4 of Volume V of the Stormwater 

Management Manual for Western Washington or an Ecology-approved program under the 2013 Phase I Permit no 

later than December 31, 2017.

29 New Permittees shall begin annual inspections of municipally owned or operated stormwater treatment and flow 

control facilities/BMPs no later than December 31, 2017.
S5.C.5 S5.C.5

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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statements shall be based on actual inspection and maintenance experience 

and shall be certified in accordance with G19 Certification and Signature.

c. Spot checks of potentially damaged permanent stormwater treatment and flow 

control BMPs/facilities after major storm events (24 hour storm event with a 

10 year or greater recurrence interval). If spot checks indicate widespread 

damage/maintenance needs, inspect all stormwater treatment and flow control 

BMPs/facilities that may be affected. Conduct repairs or take appropriate 

maintenance action in accordance with maintenance standards established 

above, based on the results of the inspections.

d. Except for the City of Aberdeen, inspection of all catch basins and inlets 

owned or operated by the Permittee at least once no later than August 1, 2017 

and every two years thereafter. 30 For the City of Aberdeen, the deadline for 

this requirement shall be no later than June 30, 2018. Clean catch basins if the 

inspection indicates cleaning is needed to comply with maintenance standards 

established in the Stormwater Management Manual for Western Washington. 

Decant water shall be disposed of in accordance with Appendix 6 Street Waste 

Disposal.

The following alternatives to the standard approach of inspecting all catch 

basins once no later than August 1, 2017 and every two years thereafter

(except no later than June 30, 2018 and every two years thereafter for the City 

of Aberdeen) may be applied to all or portions of the system:

i. The catch basin inspection schedule of every two years may be 

changed as appropriate to meet the maintenance standards 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 G19 Certification and Signature.

ii. Inspections at least once by August 1, 2017 and every two years

thereafter may be conducted on a “circuit basis” whereby 25% of catch 

basins and inlets within each circuit are inspected to identify 

maintenance needs. Include an inspection of the catch basin 

immediately upstream of any system outfall or discharge point, if 

applicable. Clean all catch basins within a given circuit for which the 

 

30 New Permittees shall inspect and, if needed, clean all catch basins and inlets owned or operated by the Permittee 

in accordance with the requirements of S5.C.5.d once during the permit term, to be completed no later than February 

2, 2018.
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Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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inspection indicates cleaning is needed to comply with maintenance 

standards established under S5.C.5.a, above. 

iii. 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.

e. Compliance with the inspection requirements in b, c, and d above shall be 

determined by the presence of an established inspection program designed to 

inspect all sites and achieving at least 95% of inspections. 

f. Implement practices, policies and procedures to reduce stormwater impacts 

associated with runoff from all lands owned or maintained by the Permittee, 

and road maintenance activities under the functional control of the Permittee. 

Lands owned or maintained by the Permittee include, but are not limited to, 

streets, parking lots, roads, highways, buildings, parks, open space, road rightof-ways, maintenance yards, and stormwater treatment and flow control 

BMPs/facilities. The following activities shall be addressed:

• Pipe cleaning

• Cleaning of culverts that convey stormwater in ditch systems

• Ditch maintenance

• Street cleaning

• Road repair and resurfacing, including pavement grinding

• Snow and ice control

• Utility installation 

• Pavement striping maintenance

• Maintaining roadside areas, including vegetation management

• Dust control

• Application of fertilizers, pesticides, and herbicides according to the 

instructions for their use, including reducing nutrients and pesticides 

using alternatives that minimize environmental impacts

• Sediment and erosion control

• Landscape maintenance and vegetation disposal

• Trash and pet waste management

• Building exterior cleaning and maintenance
S6.A.1 S6.A.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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g. Implement an ongoing training program for employees of the Permittee whose 

primary construction, operations or maintenance job functions may impact 

stormwater quality. The training program shall address the importance of 

protecting water quality, operation and maintenance standards, inspection 

procedures, selecting appropriate BMPs, ways to perform their job activities 

to prevent or minimize impacts to water quality, and procedures for reporting 

water quality concerns. Follow-up training shall be provided as needed to 

address changes in procedures, techniques, requirements, or staffing. 

Permittees shall document and maintain records of training provided and the 

staff trained. 

h. Implement a Stormwater Pollution Prevention Plan (SWPPP) for all heavy 

equipment maintenance or storage yards, and material storage facilities owned 

or operated by the Permittee in areas subject to this Permit that are not 

required to have coverage under the General NPDES Permit for Stormwater 

Discharges Associated with Industrial Activities or another NPDES permit 

that authorizes stormwater discharges associated with the activity. A schedule 

for implementation of structural BMPs shall be included in the SWPPP. 

Generic SWPPPs that can be applied at multiple sites may be used to comply 

with this requirement. The SWPPP shall include periodic visual observation 

of discharges from the facility to evaluate the effectiveness of the BMP. 

i. Maintain records of inspections and maintenance or repair activities 

conducted by the Permittee. 

S6. STORMWATER MANAGEMENT PROGRAM FOR SECONDARY PERMITTEES

A. This section applies to all Secondary Permittees and all New Secondary Permittees, 

whether coverage under this Permit is obtained individually or as a Co-Permittee with 

a city, town, county or another Secondary Permittee. 

New Secondary Permittees subject to this Permit shall fully meet the requirements of 

this section as modified in footnotes in S6.D below, or as established as a condition of 

coverage by Ecology.

1. To the extent allowable under state, federal or 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 S6 and any additional actions necessary to 

meet the requirements of applicable TMDLs pursuant to 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. 
S6.A.3 S6.D.1

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 40 of 74

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 years from the 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 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 S1.D.2.a or S1.D.2.b, 

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 include a description of program 

activities for the upcoming calendar year. 

B. Coordination

Secondary Permittees shall coordinate stormwater-related policies, programs and 

projects within a watershed and 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 

The SWMP for Secondary Permittees shall include the following components:

1. Public Education and Outreach

Each Secondary Permittee shall implement the following stormwater education 

strategies:

a. Storm drain inlets owned or operated by the Secondary Permittee that are 

located in maintenance yards, in parking lots, along sidewalks, and at 
S6.D.2 S6.D.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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pedestrian access points shall be clearly labeled with a message similar to

“Dump no waste – Drains to water body”.31

As identified during visual inspection and regular maintenance of storm drain 

inlets per the requirements of S6.D.3.d and S6.D.6.a.i below, or as otherwise 

reported to the Secondary Permittee, any inlet having a label that is no longer 

clearly visible and/or easily readable shall be re-labeled within 90 days. 

b. Each year beginning no later than three years from the initial date of permit 

coverage, public ports, colleges, and universities shall distribute educational 

information to tenants and residents on the impact of stormwater discharges 

on receiving waters, and steps that can be taken to reduce pollutants in 

stormwater runoff. Distribution may be by hard copy or electronic means. 

Appropriate topics may include: 

i. How stormwater runoff affects local water bodies.

ii. Proper use and application of pesticides and fertilizers.

iii. Benefits of using well-adapted vegetation.

iv. Alternative equipment washing practices, including cars and trucks,

that minimize pollutants in stormwater.

v. Benefits of proper vehicle maintenance and alternative transportation 

choices; proper handling and disposal of vehicle wastes, including the 

location of hazardous waste collection facilities in the area.

vi. Hazards associated with illicit connections and illicit discharges.

vii. Benefits of litter control of pet waste.

2. Public Involvement and Participation

Each year, no later than May 31, each Secondary Permittee shall:

a. Make the annual report available on the Permittee’s website.

b. Make available on the Permittee’s website the latest updated version of the 

SWMP Plan. 

c. A Secondary Permittee that does not maintain a website may submit the 

updated SWMP Plan and annual report in electronic format to Ecology for 

posting on Ecology’s website. 

 

31 New Secondary Permittees shall label all inlets as described in S6.D.1.a no later than four years from the initial 

date of permit coverage.
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Modified January 16, 2015

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3. Illicit Discharge Detection and Elimination

Each Secondary Permittee shall:

a. From the initial date of permit coverage, comply with all relevant ordinances, 

rules, and regulations of the local jurisdiction(s) in which the Secondary 

Permittee is located that govern non-stormwater discharges.

b. Implement appropriate policies prohibiting illicit discharges,32 and an 

enforcement plan to ensure compliance with illicit discharge policies.33 These 

policies shall address, at a minimum: illicit connections, non-stormwater 

discharges, including spills of hazardous materials, and improper disposal of 

pet waste and litter. 

i. Allowable discharges: The policies do not need to prohibit the 

following categories of non-stormwater discharges:

• Diverted stream flows 

• Rising ground waters

• Uncontaminated ground water infiltration (as defined at 40 

CFR 35.2005(b)(20))

• Uncontaminated pumped ground water

• 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

 

32 New Secondary Permittees shall develop and implement appropriate policies prohibiting illicit discharges, and 

identify possible enforcement mechanisms as described in S6.D.3.b no later than one year from the initial date of 

permit coverage.

33 New Secondary Permittees shall develop and implement an enforcement plan as described in S6.D.3.b no later 

than 18 months from the initial date of permit coverage.
S6.D.3 S6.D.3

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Modified January 16, 2015

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• Discharges from emergency fire fighting activities in 

accordance with S2 Authorized Discharges

• Non-stormwater discharges authorized by another NPDES or 

state waste discharge permit

ii. 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. 

• Dechlorinated swimming pool, spa and hot tub discharges. 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, water used to control dust, and 

routine external building washdown 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. 
S6.D.4 S6.D.4

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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• 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.

iii. 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.

c. Maintain a storm sewer system map showing the locations of all known MS4 

outfalls and discharge points, labeling the receiving waters (other than ground 

water) and delineating the areas contributing runoff to each outfall and 

discharge point. Make the map (or completed portions of the map) available 

on request to Ecology and to the extent appropriate, to other Permittees. The 

preferred format for mapping is an electronic format with fully described 

mapping standards. An example description is provided on Ecology’s

website.

34

d. Conduct field inspections and visually inspect for illicit discharges at all 

known MS4 outfalls and discharge points. Visually inspect at least one third 

(on average) of all known outfalls and discharge points each year beginning 

no later than two years from the initial date of permit coverage. Implement 

procedures to identify and remove any illicit discharges. Keep records of 

inspections and follow-up activities.

e. Implement a spill response plan that includes coordination with a qualified 

spill responder.35

f. No later than two years from initial date of permit coverage, provide staff 

training or coordinate with existing training efforts to educate staff on proper 

BMPs for preventing illicit discharges, including spills. Train all Secondary 

Permittee staff who, as part of their normal job responsibilities, have a role in 

preventing such illicit discharges.

4. Construction Site Stormwater Runoff Control

From the initial date of permit coverage, each Secondary Permittee shall:

a. Comply with all relevant ordinances, rules, and regulations of the local 

jurisdiction(s) in which the Secondary Permittee is located that govern 

construction phase stormwater pollution prevention measures.

 

34 New Secondary Permittees shall meet the requirements of S6.D.3.c no later than four and one-half years from the 

initial date of permit coverage.

35 New Secondary Permittees shall develop and implement a spill response plan as described in S6.D.3.e no later 

than four and one-half years from the initial date of permit coverage.
S6.D.5 S6.D.6

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

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Page 45 of 74

b. Ensure that all construction projects under the functional control of the 

Secondary Permittee which require a construction stormwater permit obtain 

coverage under the NPDES General Permit for Stormwater Discharges 

Associated with Construction Activities or an individual NPDES permit prior 

to discharging construction related stormwater. 

c. Coordinate with the local jurisdiction regarding projects owned or operated by 

other entities which discharge into the Secondary Permittee’s MS4, to assist 

the local jurisdiction with achieving compliance with all relevant ordinances, 

rules, and regulations of the local jurisdiction(s).

d. Provide training or coordinate with existing training efforts to educate relevant 

staff in erosion and sediment control BMPs and requirements, or hire trained 

contractors to perform the work. 

e. Coordinate as requested with Ecology or the local jurisdiction to provide 

access for inspection of construction sites or other land disturbances which are 

under the functional control of the Secondary Permittee during land disturbing 

activities and/or construction period.

5. Post-Construction Stormwater Management for New Development and 

Redevelopment

From the initial date of permit coverage, each Secondary Permittee shall:

a. Comply with all relevant ordinances, rules and regulations of the local 

jurisdiction(s) in which the Secondary Permittee is located that govern postconstruction stormwater pollution prevention measures.

b. Coordinate with the local jurisdiction regarding projects owned or operated by 

other entities which discharge into the Secondary Permittee’s MS4, to assist 

the local jurisdiction with achieving compliance with all relevant ordinances, 

rules and regulations of the local jurisdiction(s).

6. Pollution Prevention and Good Housekeeping for Municipal Operations

Each Secondary Permittee shall: 

a. Implement a municipal operation and maintenance (O&M) plan to minimize 

stormwater pollution from activities conducted by the Secondary Permittee. 

The O&M Plan shall include appropriate pollution prevention and good 

housekeeping procedures for all of the following operations, activities, and/or 
S6.D.6 S6.D.6

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 46 of 74

types of facilities that are present within the Secondary Permittee’s boundaries

and under the functional control of the Secondary Permittee.

36 

i. Stormwater collection and conveyance systems, including catch 

basins, stormwater pipes, open channels, culverts, and stormwater 

treatment and flow control BMPs/facilities. The O&M Plan shall 

address, at a minimum: scheduled 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 Chapter 4 Volume V of the Stormwater Management Manual for 

Western 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 

BMPs/facilities following major storm events (24 hour storm event 

with a 10 year or greater recurrence interval).

ii. Roads, highways, and parking lots. The O&M Plan shall address, 

but is not limited to: 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.

iii. Vehicle fleets. The O&M Plan shall address, but is not limited to: 

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.

iv. External building maintenance. The O&M Plan shall address, 

building exterior cleaning and maintenance including cleaning, 

washing, painting; and maintenance and management of dumpsters; 

and other maintenance activities. 

 

36 New Secondary Permittees shall develop and implement the operation and maintenance plan described in 

S6.D.6.a no later than three years from initial date of permit coverage.
S6.D.6 S6.D.6

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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v. Parks and open space. The O&M Plan shall address, but is not 

limited to: proper application of fertilizer, pesticides, and herbicides; 

sediment and erosion control; BMPs for landscape maintenance and 

vegetation disposal; and trash and pet waste management. 

vi. Material storage facilities and heavy equipment maintenance or 

storage yards. Secondary Permittees shall develop and implement a 

Stormwater Pollution Prevention Plan to protect water quality at each 

of these facilities owned or operated by the Secondary Permittee and 

not covered under the General NPDES Permit for Stormwater 

Discharges Associated with Industrial Activities or under another 

NPDES permit that authorizes stormwater discharges associated with 

the activity. 

vii. 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.

b. From the initial date of permit coverage, Secondary Permittees shall also have 

permit coverage for all facilities operated by the Secondary Permittee that are 

required to be covered under the General NPDES Permit for Stormwater 

Discharges Associated with Industrial Activities or another NPDES permit 

that authorizes discharges associated with the activity. 

c. The O&M Plan shall include sufficient documentation and records as 

necessary to demonstrate compliance with the O&M Plan requirements in 

S6.D.6.a.(i) through (vii) above.

d. No later than three years from the initial date of permit coverage, Secondary 

Permittees shall implement a program designed to train all employees whose 

primary construction, operations, or maintenance job functions may impact 

stormwater quality. The training shall address:

i. The importance of protecting water quality.

ii. The requirements of this Permit.

iii. Operation and maintenance requirements.

iv. Inspection procedures.

v. Ways to perform their job activities to prevent or minimize impacts to 

water quality.

vi. Procedures for reporting water quality concerns, including potential 

illicit discharges (including spills). 
S6.D.6 S6.D.6

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 48 of 74

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 under this permit, whichever is later. 

A. For applicable TMDLs listed in Appendix 2, 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).

B. For applicable TMDLs not listed in Appendix 2, compliance with this Permit shall

constitute compliance with those TMDLs.

C. For TMDLs that are approved by EPA after this Permit is issued, Ecology may 

establish TMDL related permit requirements through future permit modification if 

Ecology determines implementation of actions, monitoring or reporting necessary to 

demonstrate reasonable further progress toward achieving TMDL waste load 

allocations, and other targets, are not occurring and shall be implemented during the 

term of this Permit or when this Permit is reissued. Permittees are encouraged to 

participate in development of TMDLs within their jurisdiction and to begin 

implementation. 

S8. MONITORING AND ASSESSMENT

A. All Permittees including Secondary Permittees shall provide, in each annual report, a 

description of any stormwater monitoring or stormwater-related studies conducted by 

the Permittee during the reporting period. If other stormwater monitoring or 

stormwater-related studies were conducted on behalf of the Permittee during the 

reporting period, or if stormwater-related investigations conducted by other entities 

were reported to the Permittee during the reporting period, a brief description of the 

type of information gathered or received shall be included in the annual report.

Permittees are not required to provide descriptions of any monitoring, studies, or 

analyses conducted as part of the Regional Stormwater Monitoring Program (RSMP)

in annual reports. If a Permittee conducts independent monitoring in accordance with 

requirements in S8.B or S8.C below, annual reporting of such monitoring must follow 

the requirements specified in those sections.

B. Status and trends monitoring. By December 1, 2013, each city and county Permittee 

listed in S1.D.2.a(i) and S1.D.2.a(ii) located in Clallam, Island, King, Kitsap, Pierce, 

Skagit, Snohomish, Thurston, or Whatcom County shall notify Ecology in writing 

which of the following two options for status and trends monitoring the Permittee 
S8.B.1 S8.B.1

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 49 of 74

chooses to carry out during this permit cycle. Either option will fully satisfy the 

Permittee’s obligations under this section (S8.B). Each Permittee shall select a single 

option for the duration of this permit term.

1. Status and Trends Monitoring Option #1: Each Permittee that chooses this 

option shall pay into a collective fund to implement RSMP small streams and 

marine nearshore status and trends monitoring in Puget Sound. The payments into 

the collective fund are due to Ecology annually beginning August 15, 2014. The 

payment amounts are (Permittees are listed alphabetically, by county):

Permittee

Annual 

payment 

amount

Permittee

Annual 

payment 

amount

Clallam Co. N/A Pierce Co. N/A

Port Angeles $4,732 Bonney Lake $4,075

Island Co. N/A Buckley $1,129

Oak Harbor $5,719 DuPont $1,936

King Co. N/A Edgewood $2,350

Algona $678 Fife $2,005

Auburn $16,914 Fircrest $1,549

Bellevue $30,009 Gig Harbor $1,836

Black Diamond $1,023 Lakewood $14,367

Bothell $8,163 Milton $1,597

Burien $11,238 Orting $1,525

Clyde Hill $695 Puyallup $9,498

Covington $4,307 Steilacoom $1,538

Des Moines $7,152 Sumner $2,217

Duvall $1,463 University Place $7,704

Enumclaw $2,806 Skagit Co. $1,257

Federal Way $21,673 Burlington $2,194

Issaquah $6,632 Anacortes $4,102

Kenmore $5,042 Mount Vernon $7,574

Kent $27,441 Sedro Woolley $2,452

Kirkland $12,116 Snohomish Co. N/A

Lake Forest Park $3,135 Arlington $4,219

Maple Valley $5,648 Brier $1,585
S8.B.2 S8.B.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 50 of 74

Medina $728 Edmonds $9,987

Mercer Island $5,589 Everett $25,419

Newcastle $2,431 Granite Falls $824

Normandy Park $1,597 Lake Stevens $6,512

Pacific $1,540 Lynnwood $8,829

Redmond $13,143 Marysville $14,172

Renton $21,055 Mill Creek $4,566

Sammamish $10,028 Monroe $4,073

SeaTac $6,322 Mountlake Terrace $5,118

Shoreline $13,327 Mukilteo $4,920

Tukwila $4,444 Snohomish $2,276

Woodinville $2,771 Thurston Co. $12,841

Kitsap Co. $17,133 Lacey $9,799

Bainbridge Island $5,709 Olympia $11,110

Bremerton $8,837 Tumwater $4,095

Port Orchard $2,664 Whatcom Co. $3,714

Poulsbo $2,187 Bellingham $18,936

Ferndale $2,737

Or

2. Status and Trends Monitoring Option #2: Each Permittee that chooses this 

option shall conduct status and trends monitoring as follows:

a. Beginning no later than October 31, 2014, conduct wadeable stream water 

quality, benthos, habitat, and sediment chemistry monitoring according to the 

Ecology-approved Quality Assurance Project Plan (QAPP) for RSMP Small 

Streams Status and Trends Monitoring. 

i. Permittees with population less than 10,000 in the permit coverage 

area shall conduct this monitoring at the first two qualified monitoring 

locations (as listed sequentially among the potential monitoring 

locations defined in the RSMP QAPP) that are located within the 

jurisdiction’s boundaries. Counties shall monitor the first location 

inside UGA boundaries and the first location outside UGA boundaries.

ii. Permittees with population equal to or greater than 10,000 and fewer 

than 50,000 in the permit coverage area shall conduct this monitoring 

at the first four qualified monitoring locations (as listed sequentially 

among the potential monitoring locations defined in the RSMP QAPP) 
S8.B.2 S8.B.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 51 of 74

that are located within the jurisdiction’s boundaries. Counties shall 

monitor the first two locations inside UGA boundaries and the first 

two locations outside UGA boundaries. 

iii. Permittees with population equal to or greater than 50,000 in the 

permit coverage area shall conduct this monitoring at the first eight 

qualified monitoring locations (as listed sequentially among the 

potential monitoring locations defined in the RSMP QAPP) that are 

located within the jurisdiction’s boundaries. Counties shall monitor the 

first four locations inside UGA boundaries and the first four locations 

outside UGA boundaries. 

Permittees with population equal to or greater than 50,000 in the 

permit coverage area and located entirely inland (i.e., having no Puget 

Sound shoreline boundary) shall conduct this monitoring at an 

additional four monitoring locations (as listed sequentially among the 

potential monitoring locations defined in the RSMP QAPP), for a total 

of 12 monitoring locations.

If fewer than the total required number (8 or 12) of monitoring 

locations located in the Permittees’ coverage area meet the criteria for 

sampling defined in the RSMP QAPP, then the Permittee shall conduct 

this monitoring at all of the monitoring locations that meet the criteria.

And

b. Beginning no later than October 1, 2015, Permittees with Puget Sound 

shoreline shall conduct sediment chemistry, mussel, and bacteria monitoring 

according to the Ecology-approved QAPPs for RSMP Marine Nearshore 

Status and Trends Monitoring.

i. Permittees with population less than 10,000 shall conduct this 

monitoring at the first two qualified monitoring locations each, for 

sediment and for mussels and bacteria (as listed sequentially among 

the potential monitoring locations defined in the RSMP QAPPs), that 

are located adjacent to the jurisdiction’s Puget Sound shoreline 

boundary.

ii. Permittees with population equal to or greater than 10,000 and fewer 

than 50,000 in the permit coverage area shall conduct this monitoring 

at the first four qualified monitoring locations each, for sediment and 

for mussels and bacteria (as listed sequentially among the potential 

monitoring locations defined in the RSMP QAPPs), that are located 

adjacent to the jurisdiction’s Puget Sound shoreline boundary.
S8.C.1 S8.C.1

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 52 of 74

iii. Permittees with population equal to or greater than 50,000 in the 

permit coverage area shall conduct this monitoring at the first six 

qualified monitoring locations each, for sediment and for mussels and 

bacteria (as listed sequentially among the potential monitoring 

locations defined in the RSMP QAPPs), that are located adjacent to the 

jurisdiction’s Puget Sound shoreline boundary. 

And

c. Data and analyses shall be reported annually in accordance with the Ecologyapproved QAPPs. 

C. Stormwater management program effectiveness studies. By December 1, 2013, each 

city and county Permittee listed in S1.D.2.a(i) and S1.D.2.a(ii) shall notify Ecology in 

writing which of the following two options for effectiveness studies the Permittee 

chooses to carry out during this permit cycle. Either option will fully satisfy the 

Permittee’s obligations under this section (S8.C). Each Permittee shall select a single 

option for the duration of this permit term. 

1. Effectiveness Studies Option #1: Each Permittee that chooses this option shall 

pay into a collective fund to implement RSMP effectiveness studies. The 

payments into the collective fund are due to Ecology annually beginning August 

15, 2014. The payment amounts are (Permittees are listed alphabetically, by 

county):

Permittee

Annual 

payment 

amount

Permittee

Annual 

payment 

amount

Clallam Co. N/A Lewis Co. N/A

Port Angeles $7,885 Centralia $6,334

Clark Co. N/A Pierce Co. N/A

Battle Ground $7,079 Bonney Lake $6,790

Camas $7,002 Buckley $1,882

Vancouver $67,335 DuPont $3,226

Washougal $5,716 Edgewood $3,916

Cowlitz Co. $1,384 Fife $3,340

Kelso $4,793 Fircrest $2,581

Longview $14,687 Gig Harbor $3,059

Grays Harbor Co. N/A Lakewood $23,938

Aberdeen $6,693 Milton $2,661
S8.C.1 S8.C.1

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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Island Co. N/A Orting $2,541

Oak Harbor $9,528 Puyallup $15,826

King Co. N/A Steilacoom $2,563

Algona $1,129 Sumner $3,694

Auburn $28,182 University Place $12,836

Bellevue $50,001 Skagit Co. $2,094

Black Diamond $1,705 Burlington $3,655

Bothell $13,601 Anacortes $6,835

Burien $18,724 Mount Vernon $12,620

Clyde Hill $1,157 Sedro Woolley $4,085

Covington $7,177 Snohomish Co. N/A

Des Moines $11,916 Arlington $7,030

Duvall $2,437 Brier $2,640

Enumclaw $4,675 Edmonds $16,640

Federal Way $36,111 Everett $42,352

Issaquah $11,050 Granite Falls $1,373

Kenmore $8,401 Lake Stevens $10,850

Kent $45,721 Lynnwood $14,711

Kirkland $20,187 Marysville $23,613

Lake Forest Park $5,224 Mill Creek $7,608

Maple Valley $9,410 Monroe $6,786

Medina $1,212 Mountlake Terrace $8,527

Mercer Island $9,313 Mukilteo $8,198

Newcastle $4,050 Snohomish $3,792

Normandy Park $2,661 Thurston Co. $21,395

Pacific $2,565 Lacey $16,326

Redmond $21,899 Olympia $18,511

Renton $35,082 Tumwater $6,823

Sammamish $16,709 Whatcom Co. $6,188

SeaTac $10,533 Bellingham $31,550

Shoreline $22,205 Ferndale $4,561

Tukwila $7,405
S8.C.2 S8.C.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 54 of 74

Woodinville $4,618

Kitsap Co. $28,547

Bainbridge Island $9,512

Bremerton $14,724

Port Orchard $4,439

Poulsbo $3,643

Or

2. Effectiveness Studies Option #2: Each Permittee that chooses this option shall 

conduct stormwater discharge monitoring in accordance with Appendix 9 and the 

following: 

a. By February 2, 2014, each Permittee shall submit to Ecology a draft 

stormwater discharge monitoring QAPP for review and approval. If Ecology 

does not request changes within 90 days, the draft QAPP is considered 

approved. Final QAPPs shall be submitted to Ecology as soon as possible 

following finalization.

i. Each Permittee with population fewer than 10,000 in the permit 

coverage area shall conduct stormwater discharge monitoring at one 

discharge monitoring location.

ii. Each Permittee with population equal to or greater than 10,000 but 

fewer than 50,000 in the permit coverage area shall conduct 

stormwater discharge monitoring at two discharge monitoring 

locations. 

iii. Each Permittee with population equal to or greater than 50,000 but 

fewer than 100,000 in the permit coverage area shall conduct 

stormwater discharge monitoring at three discharge monitoring 

locations.

iv. Each Permittee with population 100,000 or more in the permit 

coverage area shall conduct stormwater discharge monitoring at four 

discharge monitoring locations. 

b. Permittees shall document in the QAPP why selected discharge monitoring 

locations are of interest for long term stormwater discharge monitoring and 

associated stormwater management program effectiveness evaluations. 

Permittees are encouraged to monitor at locations chosen and submitted in the 

annual reports that were due March 31, 2011. 

c. Flow monitoring at discharge monitoring locations shall be implemented 

beginning no later than October 1, 2014. Stormwater discharge monitoring
S8.C.2 S8.C.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 55 of 74

shall be fully implemented no later than October 1, 2015. All monitoring shall 

be conducted in accordance with an Ecology-approved QAPP.

D. Source identification and diagnostic monitoring. Each city and county Permittee 

listed in S1.D.2.a(i) and S1.D.2.a(ii) shall pay into a collective fund to implement the 

RSMP Source Identification Information Repository (SIDIR). The payments into the 

collective fund are due to Ecology annually beginning August 15, 2014. The payment 

amounts are (Permittees are listed alphabetically, by county):

Permittee

Annual 

payment 

amount

Permittee

Annual 

payment 

amount

Clallam Co. N/A Lewis Co. N/A

Port Angeles $731 Centralia $587

Clark Co. N/A Pierce Co. N/A

Battle Ground $657 Bonney Lake $630

Camas $649 Buckley $175

Vancouver $6,245 DuPont $299

Washougal $530 Edgewood $363

Cowlitz Co. $128 Fife $310

Kelso $444 Fircrest $239

Longview $1,362 Gig Harbor $284

Grays Harbor Co. N/A Lakewood $2,220

Aberdeen $621 Milton $247

Island Co. N/A Orting $236

Oak Harbor $884 Puyallup $1,468

King Co. N/A Steilacoom $238

Algona $105 Sumner $343

Auburn $2,614 University Place $1,190

Bellevue $4,637 Skagit Co. $194

Black Diamond $158 Burlington $339

Bothell $1,261 Anacortes $634

Burien $1,736 Mount Vernon $1,170

Clyde Hill $107 Sedro Woolley $379

Covington $666 Snohomish Co. N/A
S8.C.2 S8.C.2

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 56 of 74

Des Moines $1,105 Arlington $652

Duvall $226 Brier $245

Enumclaw $434 Edmonds $1,543

Federal Way $3,349 Everett $3,928

Issaquah $1,025 Granite Falls $127

Kenmore $779 Lake Stevens $1,006

Kent $4,240 Lynnwood $1,364

Kirkland $1,872 Marysville $2,190

Lake Forest Park $484 Mill Creek $706

Maple Valley $873 Monroe $629

Medina $112 Mountlake Terrace $791

Mercer Island $864 Mukilteo $760

Newcastle $376 Snohomish $352

Normandy Park $247 Thurston Co. $1,984

Pacific $238 Lacey $1,514

Redmond $2,031 Olympia $1,717

Renton $3,253 Tumwater $633

Sammamish $1,550 Whatcom Co. $574

SeaTac $977 Bellingham $2,926

Shoreline $2,059 Ferndale $423

Tukwila $687

Woodinville $428

Kitsap Co. $2,647

Bainbridge Island $882

Bremerton $1,365

Port Orchard $412

Poulsbo $338

S9. REPORTING REQUIREMENTS

A. No later than March 31 of each year beginning in 2015, each Permittee shall submit 

an annual report. The reporting period for the first annual report will be from January 
S9.C.1 S9.D.6

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 57 of 74

1, 2014 through December 31, 2014. The reporting period for all subsequent annual 

reports will be the previous calendar year unless otherwise specified.

Permittees must submit annual reports electronically using Ecology’s Water Quality 

Permitting Portal (WQWebPortal) available on Ecology’s website at:

http://www.ecy.wa.gov/programs/wq/permits/paris/portal.html unless otherwise 

directed by Ecology.

Permittees unable to submit electronically through Ecology’s WQWebPortal must 

contact Ecology to request a waiver and obtain instructions on how to submit an 

annual report in an alternative format.

B. Each Permittee is required to keep all records related to this permit and the SWMP 

for at least five years. 

C. 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. The annual report for cities, towns, and counties 

Each annual report shall include the following:

1. A copy of the Permittee’s current SWMP Plan as required by S5.A.2.

2. Submittal of the annual report form as provided by Ecology pursuant to S9.A, 

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 requirements of 

this permit during the reporting period. Refer to Appendix 3 for annual report 

questions.

4. If applicable, notice that the MS4 is relying on another governmental entity to 

satisfy any of the obligations under this permit.

5. Certification and signature pursuant to G19.D, and notification of any changes to 

authorization pursuant to G19.C.
S9.D.6 S9.E.5

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 58 of 74

6. A 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. Submittal of the annual report form as provided by Ecology pursuant to S9.A, 

describing the status of implementation of the requirements of this permit during 

the reporting period. 

2. Attachments to the annual report form including summaries, descriptions, reports, 

and other information as required, or as applicable, to meet the requirements of 

this permit during the reporting period. Refer to Appendix 4 for annual report 

questions.

3. If applicable, notice that the MS4 is relying on another governmental entity to 

satisfy any of the obligations under this permit.

4. Certification and signature pursuant to G19.D, and notification of any changes to 

authorization pursuant to G19.C.

5. A notification of any jurisdictional boundary changes resulting in an increase or 

decrease in the Secondary Permittee’s geographic area of permit coverage during 

the reporting period.
Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 59 of 74

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. 

Ecology’s Northwest Regional Office 24-hour number is 425-649-7000 and 

Ecology’s Southwest Regional Office the number is 360-407-6300.

C. Immediately report spills or other discharges which might cause bacterial 

contamination of marine waters, such as discharges resulting from broken sewer lines

and failing onsite septic systems, to the Ecology regional office and to the 

Department of Health, Shellfish Program. The Department of Health's shellfish 

number is 360-236-3330 (business hours) or 360-789-8962 (24-hours). 

D. 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.
G5 G9

Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

Page 60 of 74

"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 must 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 must 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 the Permit shall be construed as excusing the Permittee from compliance with 

any other applicable federal, state, or local statutes, ordinances, or regulations.

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.
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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 

the 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 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.

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 
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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 administrative order or 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 resuspended or reintroduced to the 

storm sewer system 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 shall 

not be affected thereby.

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 chapter 90.48.090

RCW; 
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F. Nonpayment of permit fees assessed pursuant to chapter 90.48.465 RCW; 

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 

reissuance, 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; or

D. Information is obtained which indicates that cumulative effects on the environment 

from dischargers covered under this General Permit are unacceptable. 

E. Changes in state law that reference this 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 reissuance under 

Condition G12, G14, or 40 CFR 122.62 must 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.
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B. The terms and conditions of this General Permit, as they apply to an individual 

discharger, are appealable 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 nonapplicability 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 shall be remanded to Ecology for consideration of issuance of an individual 

permit or permits.

D. Modifications of this Permit are appealable 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.

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 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 condition G19.B.2 must be submitted to 
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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.”

G20.NON-COMPLIANCE NOTIFICATION

In the event a Permittee is unable to comply with any of the terms and conditions of this 

Permit, the Permittee must:

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 must include all of the following: 

1. A description of the non-compliance, including dates.

2. Beginning and end dates of the non-compliance, and if the compliance has not 

been corrected, the anticipated date of correction.

3. Steps taken or planned to reduce, eliminate, or prevent reoccurrence of the noncompliance. 

B. Take appropriate action to stop or correct the condition of non-compliance.

G21.UPSETS

Permittees must 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 
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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. 

C. Conditions necessary for demonstration of upset. A Permittee who wishes to establish 

the affirmative defense of upset must 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; and 

3. The Permittee submitted notice of the upset as required in 40 CFR 

122.41(l)(6)(ii)(B) (24-hour notice of noncompliance).

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 

This section includes definitions for terms used in the body of the permit and in all the 

appendices except Appendix 1. Terms defined in Appendix 1 are necessary to implement 

requirements related to Appendix 1.

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.

AKART means all known, available, and reasonable methods of prevention, control and 

treatment. See also State Water Pollution Control Act, chapter 90.48.010 RCW and chapter

90.48.520 RCW.

All known, available and reasonable methods of prevention, control and treatment refers to 

the State Water Pollution Control Act, chapter 90.48.010 RCW and chapter 90.48.520 RCW.

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. 

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. 

BMP means Best Management Practice. 

Bypass means the diversion of stormwater from any portion of a stormwater treatment facility.

Census defined urban area means Urbanized Area.

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 S5 Stormwater Management Program for Cities, Towns, and Counties or 

S6 Stormwater Management Program for Secondary Permittees, S7 Compliance with Total 

Maximum Daily Load Requirements, or S8 Monitoring of this permit.

Conveyance system means that portion of the municipal separate storm sewer system designed 

or used for conveying stormwater.

Co-Permittee means an owner or operator of an MS4 which is in a cooperative agreement with 

at least one other applicant for coverage under this permit. A Co-Permittee is an owner or 

operator of a regulated MS4 located within or in proximity to another regulated MS4. A Co-
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Permittee is only responsible for permit conditions relating to discharges from the MS4 the 

Co-Permittee owns or operates. See also 40 CFR 122.26(b)(1)

CWA means 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 

Pub. L. 95-217, Pub. L. 95-576, Pub. L. (6-483 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.

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. 

Ground water 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 longterm basis.

Highway means a main public road connecting towns and cities.

Hydraulically near means runoff from the site discharges to the sensitive feature without 

significant natural attenuation of flows that allows for suspended solids removal. See 

Appendix 7 Determining Construction Site Sediment Damage Potential for a more detailed 

definition.

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 (S5.C.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 (S5.C.3 and S6.D.3). 

Impervious surface means a non-vegetated surface area that either prevents or retards the entry 

of water into the soil mantle as under natural conditions prior to development. A non-
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vegetated surface area which causes water to run off the surface in greater quantities or at an 

increased rate of flow from the flow present under natural conditions prior to development. 

Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, 

driveways, parking lots or stormwater areas, concrete or asphalt paving, gravel roads, packed 

earthen materials, and oiled, macadam or other surfaces which similarly impede the natural 

infiltration of stormwater.

Land disturbing activity means any activity that results in a change in the existing soil cover 

(both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing 

activities include, but are not limited to clearing, grading, filling and excavation. Compaction 

that is associated with stabilization of structures and road construction shall also be 

considered land disturbing activity. Vegetation maintenance practices, including landscape 

maintenance and gardening, are not considered land disturbing activity. Stormwater facility 

maintenance is not considered land disturbing activity if conducted according to established 

standards and procedures.

LID means Low Impact Development.

LID BMP means low impact development best management practices.

LID Principles means land use management strategies that emphasize conservation, use of onsite natural features, and site planning to minimize impervious surfaces, native vegetation 

loss, and stormwater runoff.

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.

Low impact development best management practices means distributed stormwater 

management practices, integrated into a project design, that emphasize pre-disturbance 

hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID 

BMPs include, but are not limited to, bioretention,rain gardens, permeable pavements, roof 

downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation 

foundations, and water re-use.

Material Storage Facilities means an uncovered area where bulk materials (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.
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Municipal Separate Storm Sewer System means a conveyance, or system of conveyances 

(including roads with drainage systems, municipal streets, catch basins, curbs, gutters,

ditches, manmade channels, or storm drains): 

(i) 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.

(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.

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. 

Native vegetation means vegetation comprised of plant species, other than noxious weeds, that 

are indigenous to the coastal region of the Pacific Northwest and which reasonably could 

have been expected to naturally occur on the site. Examples include trees such as Douglas 

Fir, western hemlock, western red cedar, alder, big-leaf maple; shrubs such as willow, 

elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, 

and fireweed.

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 hard 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. Refer to Appendix 1 for a definition of hard surfaces.

New Permittee means a city, town, or county that is subject to the Western Washington 

Municipal Stormwater General Permit and was not subject to the permit prior to August 1, 

2013.

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, 2013.
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NOI means Notice of Intent.

Notice of Intent means the application for, or a request for coverage under a General Permit 

pursuant to WAC 173-226-200.

Notice of Intent for Construction Activity means the application form for coverage under the 

Construction Stormwater General Permit.

Notice of Intent for Industrial Activity means the application form for coverage under the 

General Permit for Stormwater Discharges Associated with Industrial Activities.

NPDES means National Pollutant Discharge Elimination System.

Outfall means a point source as defined by 40 CFR 122.2 at the point where a discharge leaves 

the Permittee’s 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).

Permittee unless otherwise noted, the term “Permittee” includes city, town, or county Permittee, 

Co-Permittee, New Permittee, Secondary Permittee, and New Secondary Permittee. 

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.

Project site means that portion of a property, properties, or right-of-ways subject to land 

disturbing activities, new hard surfaces, or replaced hard surfaces. Refer to Appendix 1 for a 

definition of hard surfaces.

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 volunteers.

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.

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 ground water, to which a MS4 discharges.

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. Refer 

to Appendix 1 for a definition of hard surfaces.
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Regional Stormwater Monitoring Program means, for all of western Washington, 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 a source identification information 

repository (SIDIR). The priorities and scope for the RSMP are set by a formal stakeholder 

group. For this permit term, RSMP status and trends monitoring will be conducted in the 

Puget Sound basin only.

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 Urbanized Area, or by designation 

by Ecology and is not eligible for a waiver or exemption under S1.C.

RSMP means Regional Stormwater Monitoring Program.

Runoff is water that travels across the land surface and discharges to water bodies either directly 

or through a collection and conveyance system. See also “Stormwater.”

Secondary Permittee is an operator of a regulated small MS4 which is not a city, town or 

county. Secondary Permittees include special purpose districts and other public entities that 

meet the criteria in S1.B. 

Sediment/Erosion-Sensitive Feature means an area subject to significant degradation due to the 

effect of construction runoff, or areas requiring special protection to prevent erosion. See 

Appendix 7 Determining Construction Site Sediment Transport Potential for a more detailed 

definition.

Shared water bodies means water bodies, including downstream segments, lakes and estuaries 

that receive discharges from more than one Permittee.

SIDIR means Source Identification Information Repository.

Significant contributor means a discharge that contributes a loading of pollutants considered to 

be sufficient to cause or exacerbate the deterioration of receiving water quality or instream 

habitat conditions.

Small Municipal Separate Storm Sewer System means an MS4 that is not defined as “large” 

or “medium” pursuant to 40 CFR 122.26(b)(4) & (7) or designated under 40 CFR 122.26 

(a)(1)(v). 

Source control BMP means a structure or operation that is intended to prevent pollutants from 

coming into contact with stormwater through physical separation of areas or careful 

management of activities that are sources of pollutants. The SWMMWW separates source 

control BMPs into two types. Structural Source Control BMPs are physical, structural, or 

mechanical devices, or facilities that are intended to prevent pollutants from entering 

stormwater. Operational BMPs are non-structural practices that prevent or reduce pollutants 

from entering stormwater. See Volume IV of the SWMMWW for details.

Stormwater means runoff during and following precipitation and snowmelt events, including 

surface runoff, drainage or interflow.
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Stormwater Associated with Industrial and Construction Activity means the discharge from 

any conveyance which is used for collecting and conveying stormwater, which is directly 

related to manufacturing, processing or raw materials storage areas at an industrial plant, or 

associated with clearing, grading and/or excavation, and is required to have an NPDES 

permit in accordance with 40 CFR 122.26.

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 S5 (for cities, towns, and counties) or S6 (for Secondary 

Permittees) 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. 

Stormwater Treatment and Flow Control BMPs/Facilities means detention facilities, 

treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help 

meet Appendix 1 Minimum Requirements #6 (treatment), #7 (flow control), or both.

SWMMWW or Stormwater Management Manual for Western Washington means 

Stormwater Management Manual for Western Washington (as amended in 2014)

SWMP means Stormwater Management Program.

TMDL means Total Maximum Daily Load.

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 must include a margin of safety to ensure that the water body can be used for 

the purposes the state has designated. The calculation must 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), and 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.

UGA means Urban Growth Area.

Urban Growth Area means those areas designated by a county pursuant to RCW 36.70A.110.

Urbanized Area is a federally-designated land area comprising one or more places and the 

adjacent densely settled surrounding area that together have a residential population of at 

least 50,000 and an overall population density of at least 1,000 people per square mile. 

Urbanized Areas are designated by the U.S. Census Bureau based on the most recent 

decennial census.
Western Washington Phase II Municipal Stormwater Permit – August 1, 2013

Modified January 16, 2015

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Vehicle Maintenance or Storage Facility means an uncovered area where any vehicles are 

regularly washed or maintained, or where at least 10 vehicles are stored.

Water Quality Standards means Surface Water Quality Standards, chapter 173-201A WAC, 

Ground Water Quality Standards, chapter 173-200 WAC, and Sediment Management 

Standards, chapter 173-204 WAC.

Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR 

Subpart 122.2 within the geographic 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.

Waters of the United States refers to the definition in 40 CFR 122.2.