1. General. BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this chapter. BMPs are in the latest edition of Ecology’s Stormwater Technical Manual, hereinafter referred to as Ecology’s Manual.

2. Experimental BMPs. In those instances where appropriate BMPs are not in Ecology’s Manual or the LID Guidance Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in Ecology’s Manual.

1. Illicit discharges to stormwater drainage systems are prohibited.

2. No person shall throw, drain or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the stormwater drainage system and/or surface and ground waters any materials other than stormwater.

3. For Basin One of Lake Whatcom, activities and actions that result in the discharge of water exceeding an average of 0.15 pounds of phosphorus per acre per year from a site or that result in the discharge of water exceeding state water quality standards for fecal coliform are considered an illicit discharge.

1. No person shall apply any fertilizer, mulch, or soil amendment to properties within the Bellingham city limits area of Basin One of the Lake Whatcom watershed that is labeled as containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate.

2. No fertilizer of any type, mulch, or soil amendment shall be applied when the ground is frozen.

3. No person shall apply, spill, or otherwise deposit fertilizer, mulch, or soil amendments on impervious surfaces. Any fertilizer, mulch, or soil amendment applied, spilled or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed.

4. Retail stores selling fertilizer, mulch, or packaged or bulk soil amendments labeled as containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, must display prominently, and within 10 feet of the area containing such products, a sign, with content and layout provided by the city of Bellingham, and of a minimum dimension of two feet by three feet, explaining the Bellingham Municipal Code provision prohibiting application of phosphorus-containing materials in the Lake Whatcom watershed.

5. Retail outlets selling fertilizers, mulches, or soil amendments labeled as containing more than zero percent phosphorus or other compounds containing phosphorus, such as phosphate, must make available for distribution to customers educational materials that explain the provisions of the city of Bellingham’s code provision, describe the need for the elimination of phosphorus sources in the watershed, and summarize guidelines for materials and practices. Such materials must be available within five feet of the area containing such products. The content and layout of these educational materials will be created by the city of Bellingham and made available to retail stores via the city of Bellingham’s website.

6. The city of Bellingham shall make available to the public guidelines for gardening materials and practices in the Lake Whatcom watershed. Such guidelines may change from time to time as required by the development of new products or scientific knowledge of best practices to reduce phosphorus pollution in water bodies.