“AKART” means all known, available and reasonable methods of prevention, control and treatment. AKART represents the most current methodology that can be reasonably required for preventing, controlling or abating the pollutants associated with a discharge. AKART applies to both point and nonpoint sources of pollution. See also State Water Pollution Control Act, RCW 90.48.010 and90.48.520.

“Best management practices” or “BMPs” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural 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.

“Chapter” means this chapter and any administrative rules and regulations adopted to implement this chapter.

“Clean Water Act” means 33 U.S.C. 1251 et seq., and any subsequent amendments thereto.

“Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

“Director” means the Lynnwood public works director, and/or the director’s designee.

“Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.

“Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. “Drainage facility” includes, but is not limited to, a constructed or engineered stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility, erosion and sediment control facility and other structure and appurtenance that provides for drainage.

“Ecology” means the Washington State Department of Ecology.

“Groundwater” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. Refer to Chapter 173-200 WAC.

“Hazardous material” means any liquid, solid, gas, or sludge, including any material, substance, product or commodity regardless of quantity that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100.

“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 nonstormwater discharges allowed as specified in LMC 13.45.040. 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 the city’s storm drainage system that is not composed entirely of stormwater or of nonstormwater discharges, except as expressly allowed by this chapter.

“Municipal separate storm sewer system” (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

“National Pollutant Discharge Elimination System” or “NPDES” 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.

“National Pollutant Discharge Elimination System (NPDES) Permit” means an authorization, license or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.

“Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

“Person” means an individual and his or her agent or assign, municipality, political subdivision, government agency, partnership, corporation, business or any other entity.

“Pollutant” means any substance which, when added to water, would contaminate or alter the chemical, physical, or biological properties of any waters of the state. This includes a change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the state as will or is likely to create a nuisance. It also includes any substance which renders such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

“POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.

“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

“Receiving waters” means naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, to which a MS4 discharges.

“Source control BMP” means a structure or operation 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 Stormwater Management Manual for Western Washington 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. An example of a structural source control BMP is building a covered storage area. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater. Examples of nonstructural source control BMPs inlcude using less toxic alternatives to current products or sweeping parking lots. See Volume IV of the Stormwater Management Manual for Western Washington for details.

“State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.

“Storm drainage system” means publicly or privately owned facilities, including the city’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, ditches and/or swales, pumping facilities, retention and detention basins, natural and human made or altered drainage channels, reservoirs, and other drainage structures.

“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage, or interflow.

“Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

“Surface waters” includes rivers, streams, springs, seeps, ponds, lakes, wetlands, inland waters, salt waters, and all other surface water courses within the jurisdiction of the state of Washington.

“Treatment BMP” means a BMP intended to remove pollutants from stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales and wetponds. (Ord. 3443 § 2, 2023; Ord. 2834 § 1, 2010)