Executive Order for Implementing the County's Program for Compliance with the National Pollutant Discharge Elimination System (NPDES) Phase I Municipal Stormwater Permit
Department/Issuing Agency: Department of Natural Resources and Parks
Effective Date: June 20, 2014
Approved: /s/ Dow Constantine
Type of Action: Supersedes PUT 8-19 (AEO), November 20, 2007
Signed document (PDF, 1.6MB)
This Order requires and empowers King County Departments to cooperate and coordinate on implementation of the County’s program for compliance with the NPDES Phase I Municipal Stormwater Permit.
WHEREAS, the effective management of stormwater has an important role to play in reversing the ongoing degradation of King County’s wetlands, streams, rivers, lakes, and Puget Sound;
WHEREAS, King County is committed to do its share as part of a concerted regional effort to clean up the Puget Sound ecosystem by 2020;
WHEREAS, King County is the owner and operator of a municipal separate storm sewer system that is regulated under Phase I of the Clean Water Act’s National Pollutant Discharge Elimination System (NPDES) through a municipal stormwater permit (municipal permit) issued by the Washington State Department of Ecology (Ecology).
WHEREAS, King County is fully committed to complying with the municipal permit as part of its effort to contribute to the clean up of the Puget Sound ecosystem;
WHEREAS, every County agency responsible for implementing compliance activities has an important contribution to make in improving the quantity or quality of stormwater so that the region may realize its goals of cleaning up Puget Sound;
WHEREAS, the municipal permit requires either written agreements among branches of regulated municipalities or an executive order to facilitate compliance;
WHEREAS, the municipal permit requires written documentation of the County’s compliance programs and activities and annual reporting to Ecology; and
WHEREAS, the Clean Water Act provides for significant fines and penalties for failure to meet compliance requirements within NPDES permits;
NOW, THEREFORE, I, Dow Constantine, King County Executive (Executive) do hereby order and direct all King County departments to implement the following policies and procedures to ensure King County’s full compliance with its municipal permit:
1) The Water and Land Resources Division shall be responsible for coordinating the County’s municipal permit compliance activities and shall designate a municipal permit coordinator (the coordinator).
2) Each department, division, section, or workgroup (agency) engaging in any activities or programs that the coordinator determines may be subject to or could support compliance with the municipal permit is expected to comply with municipal permit requirements.
3) Management of each agency subject to the municipal permit shall designate a municipal permit lead.
4) Coordination framework and expectations:
a. Agency management shall be familiar with municipal permit requirements that are applicable to their agency.
b. Agency management shall propose options for funding and staffing to meet municipal permit requirements.
c. Agency management and municipal permit leads shall coordinate to implement necessary compliance activities. Municipal permit leads shall communicate regularly with agency management on the status of applicable compliance activities.
d. The coordinator, in collaboration with municipal permit leads, shall develop countywide protocols needed to achieve compliance with specific municipal permit requirements. Affected agencies shall implement and adhere to these protocols.
e. The coordinator, in collaboration with municipal permit leads, shall prepare and provide submittals to Ecology to comply with municipal permit requirements. Submittals include, but are not limited to, annual reports, stormwater management program (SWMP) plans, compliance reports and other submittals as required by Ecology.
f. Upon request from the coordinator, municipal permit leads shall provide information regarding agency-specific compliance activities in a timely manner. The coordinator shall indicate the timeline for any request and may extend the timeline at the request of the municipal permit lead if there is flexibility to do so.
g. The coordinator shall regularly communicate with municipal permit leads, Water and Land Resources Division and other agency management about municipal permit requirements, the SWMP, and the status of the County’s compliance.
5) Any coordinator responsibilities listed above may be delegated to appropriate staff, but the coordinator shall retain accountability to the Director of the Water and Land Resources Division.
6) Signature authority for all documents related to the municipal permit that require an official signature shall reside with the Director of the Water and Land Resources Division, with the exception of signature authority for the annual report, which shall reside with the Director of the Department of Natural Resources and Parks, or an appropriate designee.
7) This order shall supersede executive order PUT 8-19 (AEO) of November 20, 2007.
8) These policies and procedures shall apply to any municipal stormwater permits under which the County is regulated.
Dated this 10th day of June, 2014
/s/ Dow Constantine, King County Executive
/s/ Norm Alberg, Director
Records and Licensing Services Division