The City Council finds that this chapter is necessary to promote public health, safety, and welfare through the comprehensive management of surface water and stormwater, erosion control, and flooding. The Council also finds that this chapter is necessary to prevent water quality degradation; to prevent flood damage, siltation and habitat destruction in the City's creeks, streams and other water bodies; to protect property owners adjacent to developing land from increased runoff rates which could cause stream erosion and damage to public and private property; to promote sound development and redevelopment policies which respect and preserve the City's watercourses and aquatic habitat; to reduce hard surface and stormwater runoff; to prohibit illicit connections and illicit discharges to the stormwater drainage systems; to control potential and observed pollutants to water resources from sources on properties within the City; to ensure the safety of City streets and rights-of-way; and to promote ground water recharge through the implementation of a thorough permit review, construction inspection, enforcement, and maintenance programs.
(Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
Authority. This chapter is enacted pursuant to Chapter 35A.63 RCW (Planning and Zoning in Code Cities) and Chapter 36.70A RCW (Growth Management - Planning by Selected Counties and Cities) in compliance with the Federal Clean Water Act (Title 33, United States Code, Section 1251 et seq.) and the requirements of the City's National Pollution Discharge Elimination System (NPDES) Phase II Permit issued by the Washington State Department of Ecology, effective August 1, 2019, which specifies that the City must undertake certain actions to protect the City's MS4 from existing and future sources of pollution. Its provisions shall be implemented to accomplish the purposes of the NPDES permit and to protect and preserve public health, safety and general welfare through implementation of the Stormwater Manual.
(b) 
Administration.
(1) 
This chapter shall be administered by the Director of Public Works or a designee, hereafter referred to as the Director, with the cooperation and assistance of the Department of Planning and Community Development. The Director of Public Works and the Director of Planning and Community Development shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
(2) 
The Director may approve, conditionally approve, or deny activities regulated by this chapter.
(Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
The 2019 Washington State Department of Ecology Stormwater Management Manual for Western Washington, as now or hereafter amended, is hereby adopted as the City's minimum stormwater regulations and as a technical reference manual and is hereinafter referred to as the "Stormwater Manual." The Stormwater Manual shall be applied to all development applications submitted:
(a) 
On or after July 1, 2022;
(b) 
Prior to January 1, 2017, that have not started construction by January 1, 2022; and
(c) 
Prior to July 1, 2022, that have not started construction by July 1, 2027.
Development that does not meet these criteria and otherwise entitled to vesting rights under State statute shall be vested to the stormwater regulations in place at the time of complete application submittal.
(Formerly 11.06.020; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1140, Sec. 1 (Exh. A), 2022)
(a) 
Stormwater Systems at New Construction or Redevelopment. Stormwater management review and approval by the City are required when any development or proposed project meets or exceeds the threshold conditions defined in the Stormwater Manual (e.g., new and replaced hard area, drainage system modifications, redevelopments, etc.) and is subject to a City development permit or approval requirement as described in this chapter.
(b) 
Source Control at Existing Development, Commercial Properties, and Other Properties. Managing stormwater quality and quantity at existing developed properties by applying source control practices described in the Stormwater Manual is the responsibility of property owners or operators of potential pollutant sites, as described by Section 11.06.105.
(Formerly 11.06.030; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
Unless otherwise specified in this chapter, all standards, definitions, and requirements shall be in accordance with the City's Engineering Design and Development Standards (EDDS) and the Stormwater Manual.
(b) 
Plan and Report Submittal. Stormwater site plans, supporting technical analyses and other required documentation shall conform to the requirements contained in the Stormwater Manual.
(c) 
Where to Submit. All stormwater site plans prepared in connection with any of the permits and/or approvals set forth in this chapter shall be submitted to the Department of Planning and Community Development.
(d) 
All plans, drawings and calculations designed to control stormwater, surface water and subsurface water, submitted to the City, will be prepared by a licensed professional engineer, registered in the State of Washington, or by a person qualified as set forth in the Stormwater Manual, and those plans, drawings and calculations will be stamped showing that engineer's registration, if applicable.
(e) 
Stormwater site plans and supporting documentation shall be subject to review by department staff of Planning and Community Development and/or Public Works to confirm said plans meet the standards of the Stormwater Manual and EDDS, or if revisions are necessary.
(Formerly 11.06.040; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
Adjustments and exceptions to the minimum standards and requirements may be granted as set forth in the Stormwater Manual.
(Formerly 11.06.050; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018)
(a) 
Low impact development (LID) criteria listed in the Stormwater Manual shall be used to reduce the amount of disruption of the natural hydrological characteristics of the site and of downstream surface water. Applicability of methods is determined through a feasibility analysis according to the Stormwater Manual based on existing site conditions and limitations.
(b) 
Low impact development is implemented by minimizing hard surface coverage and by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches as directed by the Stormwater Manual.
(c) 
A variety of best management practices (BMPs) to minimize hard surfaces and to manage stormwater have been developed and tested for use in Western Washington. Common BMPs address stormwater flow control and treatment through using landscape and site features such as rain gardens, bioretention, and permeable pavement. These BMPs and the overall LID approach are described in the Stormwater Manual and further detailed in the LID Technical Guidance Manual for Puget Sound.
(d) 
Source control BMPS are applicable to all properties within the City that are engaged in pollution generating activities that have the potential to discharge pollutants into the stormwater drainage system or waters of the state, regardless of whether the property is covered under a separate NPDES permit.
(e) 
Construction sites and proposed development are subject to preventing stormwater discharge by implementing temporary BMPs and other permanent BMPs as outlined in the Stormwater Manual.
(Formerly 11.06.060; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Manual and the permits and/or approvals of the City.
(b) 
Maintenance of Private Stormwater Facilities.
(1) 
The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Manual, this chapter, and the permits and/or approvals of the City and shall remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance as set forth in subsection (c) of this section.
(2) 
The City shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the City may perform such work, and the cost thereof shall be recoverable by the City from said titleholders or other responsible parties and/or by filing a lien against the property.
(3) 
When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
(i) 
Within one year for typical maintenance of facilities, except catch basins.
(ii) 
Within six months for catch basins.
(iii) 
Within two years for maintenance that requires capital construction of less than $25,000.
(c) 
Maintenance by City of Stormwater Facilities on Single-Family Residential Property.
(1) 
The City is authorized to assume the total responsibility for all maintenance and repair of stormwater facilities serving single-family residential property if:
(i) 
The stormwater facilities have been conveyed to and accepted by the City, at the City's sole discretion, by bill of sale and accompanied by: (a) a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with City standards and specifications; and (b) an agreement by the grantor to indemnify and hold the City harmless from any claims or damages arising from defective materials or workmanship;
(ii) 
If the lines or facilities are on or cross private property, the grantor shall have conveyed to the City the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity;
(iii) 
The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
(iv) 
The facilities have been inspected and approved by the City;
(v) 
The City Council has adopted an increase in the stormwater user's fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City's cost of maintaining and repairing the facilities; and
(vi) 
All other requirements of this chapter have been fully complied with.
(2) 
The City is authorized to assume the partial responsibility for only normal and routine maintenance of stormwater facilities serving single-family residential property if:
(i) 
The City and the titleholders or other responsible parties of the property have entered into an agreement in which the titleholders or other responsible parties: (a) indemnify and hold the City harmless from any claims or damages arising from the City's acts or omissions related to maintenance of the facilities; (b) give the City access rights to maintain the facilities; and (c) agree to remain responsible for all maintenance and repair of the facilities;
(ii) 
The bonding and insurance requirements of Section 11.06.090 have been fully complied with;
(iii) 
The facilities have been inspected and approved by the City;
(iv) 
The City Council has adopted an increase in the stormwater user's fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the City's cost of maintaining the facilities; and
(v) 
All other requirements of this chapter have been fully complied with.
All major structural and nonstructural repairs beyond the scope of "normal and routine maintenance" shall remain the responsibility of the titleholders or responsible parties.
(Formerly 11.06.070; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018)
(a) 
The City may require all persons constructing stormwater facilities under this chapter to post with the City cash or surety bonds to cover the cost of defects in materials, workmanship, and installation and also to correct maintenance deficiencies during the initial two-year maintenance period following satisfactory completion of the facilities. Posting of such bonds shall be consistent with the City's policy for security deposits and subject to review by the City Attorney.
(b) 
The person constructing the stormwater facility and/or the property owner shall maintain a liability policy during the construction period and the initial two-year maintenance period or until the point in time if and when the City assumes maintenance responsibilities, with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage, and with the City named as an additional insured. A copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance, which shall be provided to the City prior to commencement of the work.
(Formerly 11.06.080; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018)
(a) 
Prohibition of Illicit Discharges.
(1) 
No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater.
(2) 
Examples of prohibited contaminants include but are not limited to the following:
(i) 
Trash or debris.
(ii) 
Construction materials.
(iii) 
Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.
(iv) 
Antifreeze and other automotive products.
(v) 
Metals in either particulate or dissolved form.
(vi) 
Flammable or explosive materials.
(vii) 
Radioactive material.
(viii) 
Batteries.
(ix) 
Acids, alkalis, or bases.
(x) 
Paints, stains, resins, lacquers, or varnishes.
(xi) 
Degreasers and/or solvents.
(xii) 
Drain cleaners.
(xiii) 
Pesticides, herbicides, or fertilizers.
(xiv) 
Steam cleaning wastes.
(xv) 
Soaps, detergents, or ammonia.
(xvi) 
Swimming pool cleaning wastewater or filter backwash.
(xvii) 
Chlorine, bromine, or other disinfectants.
(xviii) 
Heated water.
(xix) 
Domestic animal wastes.
(xx) 
Sewage.
(xxi) 
Recreational vehicle waste.
(xxii) 
Animal carcasses.
(xxiii) 
Food wastes.
(xxiv) 
Bark and other fibrous materials.
(xxv) 
Lawn clippings, leaves, or branches.
(xxvi) 
Silt, sediment, concrete, cement or gravel.
(xxvii) 
Dyes. Unless approved by the City.
(xxviii) 
Chemicals not normally found in uncontaminated water.
(xxix) 
Any other process-associated discharge except as otherwise allowed in this section.
(xxx) 
Any hazardous material or waste not listed above.
(b) 
Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
(1) 
Diverted stream flows.
(2) 
Rising ground waters.
(3) 
Uncontaminated ground water infiltration - as defined in 40 CFR 35.2005(20).
(4) 
Uncontaminated pumped ground water.
(5) 
Foundation drains.
(6) 
Air conditioning condensation.
(7) 
Irrigation water from agricultural sources that is commingled with urban stormwater.
(8) 
Springs.
(9) 
Water from crawl space pumps.
(10) 
Footing drains.
(11) 
Flows from riparian habitats and wetlands.
(12) 
Discharges from emergency fire fighting activities.
(c) 
Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
(1) 
Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning waste water and filter backwash shall not be discharged to the stormwater system.
(2) 
Lawn watering and other irrigation runoff.
(3) 
Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized, if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system.
(4) 
Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.
(5) 
Nonstormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.
(6) 
Other nonstormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water.
(d) 
Prohibited Connections.
(1) 
The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited.
(2) 
This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) 
A person is considered to be in violation of this section, if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.
(e) 
Hazardous Discharges.
(1) 
If upon inspection of a property it is determined that violation of this section results in a hazard to human health and safety, the Director shall immediately notify the responsible party and shall provide a verbal or written determination of the hazard that specifies the discharge of concern to be corrected and the date by which the hazard shall be corrected.
(2) 
The director may without prior notice require the immediate discontinuance of any violation causing the hazard. Failure to comply shall constitute a willful violation of this chapter.
(3) 
If incomplete or insufficient action has occurred, by the specified date to control the hazard, the Director may require any person responsible for a property or premises to implement, at their own expense, additional operational BMPs, and if necessary, structural BMPs and/or treatment BMPs or facilities, or both, to prevent further discharge of pollutants.
(4) 
Should the required corrections or repair not be implemented by the property owner and/or responsible parties within a designated time frame, the discharge is a violation of this section subject to enforcement under Section 11.06.120.
(Formerly 11.06.090; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
Applicability.
(1) 
Unless specifically exempted herein, source control applies to all discharges to the City's MS4, and specifically addresses sources of pollutants from properties that are potential pollutant sites that may contribute levels of pollution that violate the NPDES permit.
(2) 
Surface water pollution control and prevention emphasizes and encourages voluntary cooperation of property owners and operators that are potential pollutant sites in applying source control BMPs to reduce or eliminate sources of pollutants.
(3) 
Implementation of source control BMPs (operational source control BMPs, and if necessary structural source control BMPs or treatment BMPs) are required for all existing pollution generating sources in the MS4 unless otherwise addressed in specific permit requirements.
(4) 
As described elsewhere in this chapter, inspections shall be made to determine source control BMPs are maintained in a safe and proper operating condition, and in compliance with all applicable requirements of this chapter.
(5) 
At any time, the Director may require the application of additional operational or structural source control BMPs as necessary to prevent illicit discharges, subject to enforcement provisions.
(6) 
Failure to implement source control BMPs shall constitute a violation of this chapter and result in enforcement action.
(b) 
Outreach and Education.
(1) 
The City will provide, upon reasonable request, technical assistance visits, available technical assistance materials, and relevant information to persons or businesses required to comply with this chapter.
(2) 
To improve general knowledge and increase compliance of the public in regard to surface water pollution prevention, the City will provide open opportunities to learn about BMPs and other aspects of maintaining high quality surface water.
(Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
Right of Entry for Stormwater Inspections.
(1) 
To make an inspection to enforce any of the provisions of this chapter, to monitor for proper function of stormwater facilities, or to investigate reasonable cause that violations of this chapter are present on a subject property, the Director or a designee may enter such premises at all reasonable times to inspect the property.
(2) 
The Director or their designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry in advance of the inspection during normal business hours.
(3) 
During the inspection, the City has the right to take photos, conduct video surveys, use dye or smoke testing, or make other documentation of conditions relevant to the inspection.
(b) 
Inspections.
(1) 
The City is required to perform inspections of activities that are or may be resulting in prohibited discharges as specified in the Stormwater Manual and the City's NPDES Permit.
(2) 
Inspection prior to clearing and during construction will apply to sites with a high potential for sediment damage, as identified by the applicant during civil review based on definitions and requirements in the Western Washington Phase II Municipal Stormwater Permit or Stormwater Manual.
(3) 
Upon request by the Director, property owners, occupying business owners, or their representatives shall provide proper ingress and egress to the Director or a designee to inspect, monitor or perform any necessary duty required by this chapter to any stormwater facility or areas subject to stormwater flow. As feasible, the grantee should be present to provide access, attend, and to participate in the inspection with City staff.
(4) 
The Director or their designee shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the Director or their designee may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property and/or imposed against the subject property by filing a lien.
(5) 
Emergency access to a property may be necessary to address certain polluting situations. The above-described communication should be attempted; however, immediate emergency access shall be granted for the Director or their designee to inspect a concern of imminent hazard to environmental and human health, safety, and welfare.
(Formerly 11.06.100; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
(a) 
Fees. Fees for reviews, inspections, permits and/or approvals, and appeals, which are set forth in this chapter, shall be set by resolution of the City Council.
(b) 
Enforcement. Violations of this chapter shall be enforced pursuant to Title 17 and this section.
(c) 
Penalties. Penalties for violations of this chapter shall be as follows:
(1) 
A civil violation is subject to a monetary penalty of $500.00 for each violation per day or portion thereof.
(2) 
A misdemeanor violation is subject to a jail term of not more than 90 days, a fine of not more than $1,000 for each violation, or both such fine and imprisonment.
(d) 
Progressive Enforcement. Enforcement actions are used in a progressive manner, such that education and technical assistance, warnings, and penalties to be issued incrementally in order to achieve necessary and appropriate protection. Progressive enforcement is not required based on the Director's assessment of severity of a concern, such as when a person willfully contaminates City surface water and the MS4.
(1) 
Voluntary Compliance. To promote voluntary compliance, the first step of enforcement is to provide education about surface water concerns, BMPs, and regulations including enforceable actions.
(2) 
Warning and Compliance Schedule. To promote compliance with potential enforcement, a warning shall be issued paired with a reasonable date of compliance to be met, with information about the level of penalty for failure to comply.
(3) 
Notification of Noncompliance. To rectify problems at an accelerated schedule, a severe penalty may be issued for individuals that knowingly or recklessly endanger the public or environment with polluting activities.
(4) 
The Director may issue internal directives to provide consistency and to clarify how to apply the above enforcement actions in normal and unique circumstances.
(Formerly 11.06.110; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018; Ord. 1151, Sec. 1 (Exh. A), 2022)
The decisions of the Director may be appealed by an aggrieved party pursuant to the requirements of Section 14.16A.265.
(Formerly 11.06.120; Ord. 808, Sec. 1 (Exh. A), 2009; Ord. 1010, Sec. 2 (Exh. A), 2018)
(a) 
Intent. This chapter is enacted as an exercise of the City's power to protect and preserve the public health, safety, and welfare. Its provisions shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
(b) 
Nonliability. The primary obligation of compliance with this chapter is placed upon the person holding title to the property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the City, the Public Works Department, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the City, Department, its officers, employees or agents.
(c) 
Interpretation. 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.
(d) 
More Strict Standard Applies. When any provision of any other ordinance of the City's regulations conflicts with this chapter, that which provides greater environmental protection shall apply unless otherwise provided for in this chapter.
(Ord. 1151, Sec. 1 (Exh. A), 2022)