13.45.040 Allowable discharges.
A. Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with other discharges, is causing or is likely to cause pollution of surface waters, stormwater, or groundwater:
1. Spring water, including spring water with naturally occurring iron oxide bacteria;
2. Diverted stream flows;
3. Rising groundwaters;
4. Uncontaminated water from crawl space pumps, foundation drains or footing drains;
5. Uncontaminated groundwater infiltration (as defined at 40 CFR 35.2005(b)(20)).
6. Pumped groundwater flows that are uncontaminated;
7. Materials placed as part of an approved habitat restoration or bank stabilization project;
8. Natural uncontaminated surface water or groundwater;
9. Flows from riparian habitats and wetlands;
10. Collected rainwater that is uncontaminated;
11. Uncontaminated groundwater that seeps into or otherwise enters stormwater conveyance systems;
12. Air conditioning condensation;
13. Irrigation water from agricultural sources that is commingled with urban stormwater;
14. Discharges from emergency fire fighting activities; and
15. Other types of discharges as determined by the director.
B. Dye Testing. Dye testing is allowable on an as-needed basis, but requires verbal notification to the director at least one day prior to the date of test. The Snohomish County Health District does not need to provide advance notification.
C. Other Exceptions. A discharge will not be considered illicit if:
1. That responsible person has properly designed, constructed, implemented and is maintaining BMPs, and is carrying out AKART as required by this chapter, but pollutants continue to enter surface and stormwater or groundwater; or
2. That responsible person can demonstrate that there are no additional pollutants being discharged from the site above the background conditions of the water entering the site.
3. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter in order to avoid an imminent threat to public health or safety shall be exempt from this section. The director by public rule may specify actions that qualify for this exception in city procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 3443 § 2, 2023; Ord. 2834 § 1, 2010)