A. 
This chapter sets forth uniform requirements for, and shall apply to all persons, discharging stormwater or pollutants to the municipal stormwater system and receiving waters within the City, and requires compliance with all applicable state and federal laws, local ordinances, and this chapter. The purpose of this chapter includes but is not limited to the following:
1. 
To control the quantity and quality of the stormwater discharged directly and indirectly into the receiving waters within the City and/or the municipal stormwater system;
2. 
To promote compliance with the City’s municipal stormwater permit, its stormwater management program, and applicable federal and state laws and regulations, local ordinances, and this chapter;
3. 
To protect receiving waters by mitigating the impacts of increased stormwater due to urbanization; to correct or mitigate existing water quality impacts related to stormwater; and to help restore and maintain the chemical, physical, and biological integrity of the City’s waters for the protection of beneficial uses, including salmon;
4. 
To manage stormwater to protect life, property, and the environment from loss, injury, and damage by pollution; to minimize flooding, erosion, and contact with pollutants; and to manage stormwater from developed properties and construction sites;
5. 
To encourage the use of low impact development as the preferred and commonly-used approach for stormwater management;
6. 
To require persons regulated by this chapter to pay appropriate rates and fees to reasonably distribute the cost to construct, operate, maintain and improve the municipal stormwater system; and
7. 
To provide for and promote the health, safety, and welfare of the general public.
B. 
Compliance with the provisions of this chapter, the state and federal laws that govern municipal stormwater management, the City’s municipal stormwater permit, and the City’s stormwater management program referenced under this chapter, does not necessarily mitigate all impacts to the environment and should not be construed as such. Additional requirements or mitigation may be necessary to protect the environment pursuant to such other applicable federal or state laws or regulations or local ordinances.
(Ord. 28761 Ex. D, 2021-05-25)
A. 
Administration. The Control Authority shall administer this chapter in accordance with the purposes set forth herein and applicable federal and state laws and regulations, the City’s municipal stormwater permit, the City’s stormwater management program policies and procedures, and applicable local ordinances. In the event there is a conflict between this chapter and: (a) a provision contained within it; (b) a permit issued under this chapter; or (c) an applicable federal or state law or regulation or local ordinance, the requirement(s) that are more protective of human health and/or the environment shall apply.
B. 
Responsibility for compliance. It is the intent of this chapter to place the responsibility for complying with its requirements, and any permit, control mechanism, authorization or approval granted pursuant to this chapter, upon the responsible person, as that term is defined in this chapter.
C. 
Financial security. Performance bonding and/or other appropriate financial security may be required for all projects to ensure timely and proper completion of improvements, to ensure compliance with the requirements of the Stormwater Management Manual (SWMM) and City of Tacoma Right-of-Way Design Manual and all other provisions of this chapter, or to warranty materials, workmanship, and performance of design.
D. 
AKART. Persons shall apply all known, available, and reasonable methods of prevention, control, and treatment (AKART) to stormwater discharges as required by Chapter 90.48 RCW.
E. 
Appeals of decisions and determinations. Decisions or determinations made by the Control Authority pursuant to this chapter are governed by TMC Chapter 12.08A; provided that, appeals of enforcement actions taken pursuant to this chapter are governed by TMC Chapter 1.82.
F. 
Liberal construction. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
(Ord. 28761 Ex. D, 2021-05-25)
AKART
All known, available, and reasonable methods of prevention, control, and treatment
BMPs
Best Management Practices
EPA
United States Environmental Protection Agency
FIFRA
Federal Insecticide, Fungicide, and Rodenticide Act
LID
Low Impact Development also Local Improvement District
LID BMPs
Low Impact Development Best Management Practices
MHHW
Mean Higher High Water
NAICS Code
North American Industry Classification System Code
NPDES
National Pollutant Discharge Elimination System
O&M manual
Operation and Maintenance Manual
ppm
Parts per million
RCW
Revised Code of Washington
SSP
Stormwater Site Plan
SWMM
Stormwater Management Manual
SWMP
Stormwater Management Program
SWPPP
Stormwater Pollution Prevention Plan
SWMMWW
Washington State Department of Ecology’s Stormwater Management Manual for Western Washington
TMC
Tacoma Municipal Code
WAC
Washington Administrative Code
WSDOT NPDES Permit
Washington State Department of Transportation National Pollutant Discharge Elimination System and State Waste Discharge Municipal Stormwater General Permit
(Ord. 28761 Ex. D, 2021-05-25)
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein unless a different meaning is otherwise plainly required. Words not defined herein shall have the meaning given in TMC Chapter 12.08A, 12.08B or 12.08C. Words not otherwise defined in TMC Title 12, or TMC § 1.82.010, shall have the meaning given in such federal and state statutes, rules, or regulations that apply to the activity being regulated. Words not otherwise defined shall be given their common and ordinary meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The words “shall” and “will” are always mandatory and not merely directory and the word “may” is permissive. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority.
A. 
12.08D.040.A.
“All known, available, and reasonable methods of prevention, control, and treatment” or “AKART.”
The application of all known, available, and reasonable methods of prevention, control, and treatment to stormwater, surface water, and wastewater discharges as required by Chapter 90.48 RCW.
“Approval.”
The determination by the Control Authority that the proposed or completed work or activity conforms to this chapter.
B. 
12.08D.040.B.
“Best management practices” or “BMPs.”
Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and education practices, maintenance procedures, and structural or managerial practices to prevent or reduce the direct or indirect discharge of pollutants and other adverse impacts to stormwater, receiving waters, or stormwater conveyance systems.
“Benefitted premises.”
For purposes of the Payment In-Lieu-Of Construction Program authorized pursuant to TMC § 12.08D.260, the phrase “benefitted premises” shall mean and refer to the specific parcel(s), tract(s), lot(s), or right of way or portions thereof, the development or redevelopment of which has been approved under the Payment In-Lieu-Of Construction Program for mitigation of associated stormwater impacts in-lieu-of constructing individual stormwater treatment and/or flow control best management practices on the project site and/or associated right of way. Such benefitted premises, and associated improvements, shall be described in the voluntary payment agreement.
C. 
12.08D.040.C.
“City.”
The City of Tacoma, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington. The phrase “within the City” means within the City boundaries as now or hereafter constituted.
“Connection.”
A connection to the municipal stormwater system may be a physical connection of a private pipe, ditch, structure or other physical drainage facility to a pipe, ditch, curb, through curb, facility or structure of the municipal stormwater system. A connection to the municipal stormwater system may also be where either a physical facility or pipe or stormwater or other type of flow enters the municipal stormwater system.
“Control authority.”
The City’s Environmental Services Department, its Director and its authorized representatives and their successors.
“Control mechanism.”
A special approved discharge authorization, a letter, or other written document issued by the control authority that authorizes a discharge of stormwater or a stormwater management activity.
“Covenant and easement agreement” or “C&E agreement.”
An agreement that is both a covenant and an easement. For stormwater management purposes, covenant and easement agreements most commonly require parcel owners to inspect and maintain their private stormwater system and additionally allow the City access to the subject property or parcel(s) to inspect such systems.
D. 
12.08D.040.D.
“Direct discharge parcels.”
Those parcels that do not discharge stormwater to the municipal stormwater system and that discharge all, or substantially all, of their stormwater directly into the marine waters of Puget Sound through private stormwater systems that comply with the SWMM. The term marine waters as used herein excludes tidally influenced freshwater bodies that discharge to the Puget Sound.
“Director.”
The Director of the City of Tacoma’s Environmental Services Department who is designated to supervise the implementation and enforcement of this chapter or the Director’s duly authorized representatives.
“Disturbed areas.”
All areas subject to land disturbing activity.
E. 
12.08D.040.E.
“Erosion.”
The wearing away of the land surface as a result of the movement of water, wind, ice, or any other means.
F. 
12.08D.040.F.
G. 
12.08D.040.G.
“Groundwater.”
Water in a saturated zone or stratum beneath the surface of the land or below a surface water body.
H. 
12.08D.040.H.
“Hard surface.”
An impervious surface, a permeable pavement, or a vegetated roof.
I. 
12.08D.040.I.
“Illicit connection.”
Any connection to the municipal stormwater system or receiving waters that is not intended, authorized or permitted under this chapter, or used for collecting and conveying stormwater or non-stormwater discharges allowed pursuant to TMC § 12.08D.110.
“Illicit discharge.”
Any spill or direct or indirect discharge to the City’s municipal stormwater system, groundwater, or receiving waters within the City that is not composed entirely of stormwater or of non-stormwater discharges allowed pursuant to TMC § 12.08D.110. Illicit discharges may also include, but are not limited to, discharges of industrial process water, discharges from sanitary sewer connections and interior floor drains, and discharges from car-washing activities and gray water systems.
“Impervious surface.”
A non-vegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a 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. Further definition may be found in the SWMM.
J. 
12.08D.040.J.
K. 
12.08D.040.K.
L. 
12.08D.040.L.
“Land disturbing activity.”
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, stockpiling, excavation, and land modification. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Activities limited to vegetation maintenance practices, including landscape maintenance, vegetation management practices, and gardening are not considered land disturbing activity. Stormwater BMP/facility maintenance is not considered land-disturbing activity if conducted according to standards and procedures established in the SWMM or approved by the City in a site specific operation and maintenance plan.
“Low impact development” or “LID.”
A stormwater and land use management strategy that strives to mimic predisturbance 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” or “LID BMPs.”
Distributed stormwater management practices integrated into a project design that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation, and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout infiltration and dispersion, minimum excavation foundations, vegetated roofs, and water reuse.
M. 
12.08D.040.M.
“Manual (Department of Ecology).”
Refers to the latest version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington (SWMMWW).
“Maintenance.”
Includes activities conducted on currently serviceable structures, facilities, and equipment that involves no expansion or use beyond that previously existing and results in no significant adverse hydrologic impact. It includes those usual activities taken to prevent a decline, lapse, or cessation in the use of or to repair structures and systems. Those usual activities may include replacement of dysfunctional facilities, including cases where environmental permits require replacing an existing structure with a different type structure, as long as the functioning characteristics of the original structure are not changed. Further definition may be found in the SWMM.
“Maintenance costs.”
The total costs of maintaining a regional stormwater facility for which all, or substantially all, of the capacity of the regional stormwater facility to provide stormwater treatment and/or flow control is allocated to provide mitigation capacity under the Payment In-Lieu-Of Construction Program, or the total increase in the costs of maintenance of a regional stormwater facility that has been expanded to provide mitigation capacity under the Payment In-Lieu-Of Construction Program.
“Mean higher high water datum.”
A tidal datum related to Mean Higher High Water. The average of the higher high water height of each tidal day observed over the National Tidal Datum epoch. In Tacoma, this will be determined from the National Oceanic and Atmospheric Administration (NOAA) tides and currents statistics, station ID 9446484.
“Mitigation capacity.”
Available capacity of a regional stormwater facility to provide stormwater treatment and/or flow control for mitigation of stormwater impacts.
“Multiple-family complex.”
Any premise consisting of two or more living units served through a single water meter.
“Municipal stormwater system.”
A conveyance, or system of conveyances, not part of a combined sewer, that is owned or operated by the City (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, stormwater BMPs/facilities or storm drains), and is designed or used for collecting, conveying, or managing stormwater.
“Municipal stormwater permit.”
The Phase 1 Municipal Stormwater Permit issued to the City by the Department of Ecology under the National Pollutant Discharge Elimination System program, which is also a State Waste Discharge General Permit that authorizes the City to discharge municipal stormwater to state receiving waters.
N. 
12.08D.040.N.
“Natural drainage course.”
Naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and natural drainage ways that convey surface water and/or stormwater to receiving waters and groundwater.
“New development.”
Land disturbing activities, including Class IV – general forest practices that are conversions from timberland to other uses; structural development including construction, installation, or expansion of a building or other structure; creation of hard surfaces; and subdivision and short subdivision of land and binding site plans as defined in RCW 58.17.020.
“North American Industry Classification System Code” or “NAICS Code.”
An industrial classification system developed by the United States Office of Management and Budget to classify business establishments for the collection, tabulation, presentation, and analysis of statistical data describing the U.S. economy. Also, see Standard Industrial Classification Code.
“NPDES permit.”
A permit issued by the Department of Ecology under the National Pollutant Discharge Elimination System program. Examples of NPDES permits include a NPDES Waste Discharge Permit, a NPDES Municipal Stormwater Permit, a NPDES Construction Stormwater General Permit, a NPDES Sand and Gravel General Permit, a NPDES Wastewater Pretreatment Permit, and an NPDES Industrial Stormwater General Permit.
O. 
12.08D.040.O.
“Open space parcel with forested land cover.”
An undeveloped parcel of land where trees cover the majority of the land surface which is dedicated by deed or other instrument to remain in such condition and which reduces the quantity and improves the quality of stormwater collected by the municipal stormwater conveyance systems through infiltration, filtration, storage, evaporation and transpiration.
“Operational best management practices” or “operational BMPs.”
Non-structural practices that prevent or reduce pollutants from entering stormwater.
“Owner.”
Any individual, corporation, or entity that holds the title to a real property as shown by the Pierce County Assessor’s records or their designated agent.
P. 
12.08D.040.P.
“Parcel.”
A single platted or unplatted lot, or contiguous lots, or tract of land having the same Pierce County Assessor’s tax identification number. A parcel is usually considered a unit for the purposes of development.
“Partial mitigation.”
Mitigation of an entire surface or disturbed area to the maximum extent practicable, as administered under TMC § 12.08D.560.
“Person.”
Shall have the same meaning as that term is given pursuant to TMC Chapter 12.08B.
“pH.”
Shall have the same meaning as that term is given pursuant to TMC Chapter 12.08B.
“Pollutant.”
Any substance that is discharged to receiving waters or to the municipal stormwater system which is prohibited or limited by the requirements of this chapter or applicable state and federal laws and regulations.
“Premises.”
A continuous tract of land, building, or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivision of such use or responsibility shall constitute a division into separate premises as herein defined, except where more than one dwelling is being served through the same water meter, in which case, each of said dwellings shall constitute a separate premises and shall be subject to separate charges as if separate single-family dwellings.
“Private stormwater BMPs/facilities.”
Stormwater BMPs/facilities that are not part of the municipal stormwater system.
“Private stormwater system.”
Private stormwater BMPs/facilities and conveyances, or a system of conveyances (including private roads with drainage systems, private streets, catch basins, curbs, gutter, ditches, manmade channels, or storm drains) that are not part of the municipal stormwater system.
“Property.”
Any building, object, site, structure, improvement, public amenity, parcel of land, space, streetscapes and rights-of-way, or area.
“Public utility facility.”
The whole or a partial component of a stormwater BMP/facility which may include pipes, manholes, catch basins, stormwater treatment and flow control BMPs/facilities, open spaces, or any other areas that contribute to the function of the facility.
Q. 
12.08D.040.Q.
R. 
12.08D.040.R.
“RCW.”
The Revised Code of Washington as now or hereafter amended.
“Receiving water(s).”
The naturally and/or reconstructed naturally occurring surface water bodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters, or groundwater, which receive stormwater from and/or within the City or to which a municipal stormwater system discharges.
“Redevelopment.”
On a site that is already substantially developed (defined as having 35% or more of existing hard surface coverage – when determining percentage, only include those areas that are buildable): 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/or land disturbing activities.
“Regional stormwater facility.”
For purposes of the Payment In-Lieu-Of Construction Program authorized pursuant to TMC § 12.08D.260, the phrase “regional stormwater facility” shall mean and include, (1) a single stormwater BMP/facility designed to provide stormwater treatment and/or flow control for a large region or portion of a basin or subbasin and designated by the Control Authority to be utilized under the Program to provide mitigation capacity, and (2) multiple stormwater BMPs/facilities that are designed to provide water quality and/or flow control for a large region or portion of a basin or subbasin and designated by the control authority to be utilized under the Program to collectively provide mitigation capacity.
“Responsible person.”
Shall have the meaning as set forth in TMC § 1.82.010, the Uniform Enforcement Code.
S. 
12.08D.040.S.
“Single-family residence.”
1. 
Any building or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for use by not more than one family;
2. 
Instances in which more than one residence is served through a single water meter; and
3. 
Those individual units within multi-family complexes that are served by a separate water meter.
“Source control BMP.”
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. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater.
“Spill.”
An unauthorized discharge of a pollutant or other substance that is not composed entirely of stormwater into the municipal stormwater system, groundwater, a receiving water, or the ground surface. The definition does not include allowable or conditional non-stormwater discharges which are authorized pursuant to TMC § 12.08D.110.
“Storm drains.”
The enclosed conduits that transport stormwater runoff toward receiving waters.
“Stormwater.”
That portion of precipitation, including snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater system into a receiving water or stormwater BMP/facility. May also be referred to as “stormwater runoff.”
“Stormwater BMP/facility.”
A component of the stormwater system designed or constructed to perform a particular function or multiple functions such as stormwater treatment, flow control, or conveyance. Stormwater BMP/facility includes any permanent stormwater BMP/facility and structural BMPs, and also includes stormwater treatment and flow control BMPs/facilities and shall include catch basins that are part of the stormwater BMP/facility. Stormwater BMPs/facilities may either be part of a private stormwater system or the municipal stormwater system.
“Stormwater management manual” or “SWMM.”
The most recent version of the Stormwater Management Manual as adopted or amended by the City Council.
“Stormwater management program” or “SWMP.”
A set of actions and activities designed to reduce the discharge of pollutants from the municipal stormwater system to the maximum extent practicable as required by the City’s Municipal Stormwater Permit and this chapter.
“Stormwater pollution prevention plan” or “SWPPP.”
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 or parcel and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. A SWPPP may be used as a construction SWPPP for activities during construction or as an operational SWPPP for ongoing activities at a site.
“Stormwater site plan” or “SSP.”
A comprehensive report and drawing(s) containing the technical information and analysis necessary to evaluate projects for compliance with the applicable stormwater requirements in this chapter.
“Stormwater treatment and flow control BMPs/facilities.”
Detention facilities, permanent treatment BMPs/facilities, and bioretention, vegetated roofs, and permeable pavement that help meet Minimum Requirement #6 (stormwater treatment), #7 (flow control), or both.
“Structural best management practices” or “structural BMPs.”
Physical, structural, or mechanical BMPs, which may include devices, or facilities that are intended to prevent pollutants from entering stormwater.
“Surface water.”
Waterbodies, such as creeks, streams, rivers, lakes, wetlands, estuaries, and marine waters.
“Supplemental charges.”
Charges that may be assessed to a responsible person by the control authority to recover the costs it incurs to address and respond to a violation of Chapter 12.08D TMC including, but not limited to: (i) personnel costs, both direct and indirect; (ii) costs to investigate, contain, and abate the discharge, including cleaning up any contamination caused by the discharge; (iv) costs to document and enforce a violation of Chapter 12.08D TMC; (v) costs to hire a contractor(s) or consultant(s) to respond to such violations; (vi) laboratory costs and analytical expenses; (vii) costs for equipment, materials, and supplies; (viii) mobilization, transportation, treatment, storage, and disposal costs; (ix) attorney’s fees, when authorized; (x) costs required for printing or mailings; and (xi) costs to collect unpaid supplemental charges.
“System development charge.”
A charge assessed to the property owner under this chapter that represents the property owner’s reasonable share of the present worth of capital costs associated with the City-owned regional stormwater facilities that will be designated under the Payment In-Lieu-Of Construction Program to mitigate for stormwater impacts associated with the permitted project.
T. 
12.08D.040.T.
“Track-out.”
Material such as dirt, mud and other debris that is deposited beyond the limits of a construction site or other site by vehicles exiting a construction site, a commercial or industrial facility, or any other parcel.
U. 
12.08D.040.U.
V. 
12.08D.040.V.
“Voluntary payment agreement.”
An agreement entered into as part of Payment In-Lieu-Of Construction Program, by, and between the property owner and the City which sets forth the terms and conditions pursuant to which the applicant agrees to pay a system development charge in consideration for the City’s covenant to make mitigation capacity available to mitigate stormwater impacts associated with development or redevelopment of the benefitted premises.
W. 
12.08D.040.W.
“WAC.”
The Washington Administrative Code as now or hereafter amended.
“Wastewater.”
Shall have the same meaning as that term is given pursuant to TMC Chapter 12.08B.
“Waterfront discharge parcels.”
Those parcels directly abutting Puget Sound with at least 50 feet of frontage and those parcels contiguous with the Puget Sound that do not discharge stormwater to the municipal stormwater system and that discharge, by private means, all or substantially all of their stormwater directly into the marine waters of Puget Sound. The term marine waters as used herein excludes tidally influenced freshwater bodies that discharge to the Puget Sound.
X. 
12.08D.040.X.
Y. 
12.08D.040.Y.
Z. 
12.08D.040.Z.
(Ord. 28761 Ex. D, 2021-05-25)