Pursuant to Chapter 36.89 RCW, a utility to be known as the Chelan County surface and stormwater management utility for the unincorporated Wenatchee area is established under the direction of the board of Chelan County commissioners to be administered and operated by the Chelan County department of public works. The utility is authorized to exercise all lawful powers necessary and appropriate to planning, designing, establishing, acquiring, developing, financing, constructing, operating, managing, improving, maintaining, controlling and requiring drainage facilities including, without limitation, all lawful powers to fix, alter, regulate and control the rates and charges and conditions for the use thereof and full power to enter into agreements with other governmental entities for such purposes.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
Surface and stormwater drainage within the service area must be controlled in a manner that mitigates damage to property, release of pollutants, soil erosion and effects on natural or manmade watercourses due to unrestricted sedimentation.
(2) 
The current funding level available to the county for surface and stormwater management is inadequate to meet current and future needs to protect lives and private and public property from damage.
(3) 
Existing surface and stormwater drainage facilities must be adequately maintained, operated and replaced through a funding program that is fair and equitable.
(4) 
All developed real property within the service area contributes runoff that affects the surface and stormwater management system and should participate financially in the development, maintenance, operation and administration of this system.
(5) 
The extent of a parcel’s impervious surfaces is the primary factor determining the parcel’s contribution to flow rate, quantity of runoff, and effects upon the surface and stormwater drainage system.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The purpose of this chapter is to minimize property damage; to promote and protect the public health, safety and welfare; to minimize water quantity impacts; to minimize water quality degradation by preventing siltation, contamination and erosion of the county’s waterways; to protect aquifers; to insure the safety of county roads and rights-of-way; to assure compliance with federal and state stormwater runoff quality requirements as specified in the Clean Water Act and the National Pollutant Discharge Elimination System Phase II regulations and the Safe Drinking Water Act; to increase public education and citizen involvement; to encourage the preservation of natural drainage systems; to increase recreational opportunities; to encourage the retention of open space; and to foster other beneficial public uses by establishing a comprehensive approach to stormwater management pursuant to Chapter 36.89 RCW, as now enacted or as hereafter amended.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The following definitions shall apply throughout this chapter:
(1) 
“Administrator” or “utility administrator”
means the Chelan County public works director or his/her designee.
(2) 
“Capital improvement plan”
means the surface and stormwater management capital improvement plan adopted by the county.
(3) 
“City”
means the city of Wenatchee, Washington.
(4) 
“County”
means the unincorporated areas of Chelan County, Washington, may mean the Chelan County department of public works, the public works director, county engineer, or other employee or agent representing the county in the discharge of his or her duties. For purposes of this chapter, “county” shall also be construed to include those areas joining the utility by executing an interlocal agreement with the Chelan County surface and stormwater management utility.
(5) 
“County roads”
means public rights-of-way, excluding state roads, in the service area served by the surface and stormwater management utility.
(6) 
“County waterways”
means naturally occurring or manmade facilities that are not city, state or federally owned or designated.
(7) 
“Developed”
means that condition of real property altered from its natural state by the addition to or construction of impervious surfaces on such property.
(8) 
“Director”
means the director of the Chelan County department of public works or his or her designee.
(9) 
“Drainage facilities”
means any facility, improvement, development, property or interest thereon, made, constructed or acquired for the purpose of controlling or protecting life or property from any runoff, storm, waste, flood or surplus waters wherever located within the county.
(10) 
“Enterprise fund”
means the Chelan County surface and stormwater management utility fund established to account for all revenues and expenditures of the utility.
(11) 
“Equivalent residential unit” or “ERU”
means four thousand six hundred square feet of impervious surface area which represents the average amount of impervious surface on a single-family developed parcel in the service area and is the measure of impervious surface area to be used by the utility in assessing service charges against each parcel of property.
(12) 
“Facility” or “facilities”
means any facility, improvement, development, property or interest therein that is made, constructed or acquired for the purpose of controlling, or protecting life or property from any storm, flood or surplus waters wherever located within the county.
(13) 
“Highways”
means all impervious ways, lanes, roads, streets, boulevards and/or places open as a matter of right to public vehicular travel.
(14) 
“Impervious surfaces”
means hard-surfaced areas which prevent or retard the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard-packed dirt, oiled or other surfaces which similarly impede the natural infiltration of surface water or runoff patterns existent prior to development.
(15) 
“Interlocal agreement”
means that contract between the county and other incorporated areas of Chelan County or other entities pursuant to Chapter 39.34 RCW, which delineates the terms, conditions and relationships of the parties regarding the plan, design, construction, operation, maintenance and funding of the surface and stormwater system within the incorporated area.
(16) 
“National Pollutant Discharge Elimination System Phase II”
means the federal regulations under the Clean Water Act for municipalities that fall under the National Pollutant Discharge Elimination System Phase II criteria for municipal separate storm sewer systems and the State Waste Discharge General Permit for Chelan County.
(17) 
“Owner” or “owner of record”
means all persons or entities holding fee title to land by a recorded deed or holding title as the purchaser under a recorded real estate contract.
(18) 
“Parcel”
means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for real property purposes, and a tax account number assigned by the Chelan County treasurer.
(19) 
“Public works department”
means the Chelan County department of public works.
(20) 
“Rate”
means the basis for calculating the charge for each ERU.
(21) 
“Service”
means drainage control and disposal facilities, improvements, regulatory compliance, operations and maintenance, including all related planning and administration.
(22) 
“Service area”
means the unincorporated area within the Chelan County urban growth area for the city of Wenatchee, including the unincorporated areas within the limits of the city of Wenatchee, and consistent with the National Pollutant Discharge Elimination System Phase II Planning Area, Chelan County, Washington. More particularly described as that portion of Sections 13 and 14, Township 23 North, Range 19 East of the Willamette Meridian, Sections 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 27, 28, 32 and 33, Township 23 North, Range 20 East of the Willamette Meridian, portion of Section 1, Township 22 North, Range 19 East of the Willamette Meridian, portion of Sections 4, 5, 6, 8, 9, 14, 15, 16, 22, 23, and 24, Township 22 North, Range 20 East of the Willamette Meridian, and portion of Sections 19, 27, 28, 29 and 30, Township 22 North, Range 21 East of the Willamette Meridian in Chelan County, Washington, that lies within the Chelan County surface and stormwater management utility boundary as depicted on attached Appendix A. Appendix A may be modified from time to time. An updated map will be kept on file at the Chelan County department of public works.
Map labeled Appendix A showing the Wenatchee area along a river, with the stormwater utility boundary outlined in green and the city area shaded pink. A north arrow is in the upper-right corner, and red roads crisscross the map.
(23) 
“Service charge” or “charges”
means the charge applied upon all developed real property within the service area pursuant to this chapter.
(24) 
“Single-family residence”
means a residential structure accommodating one household unit, including mobile homes, vacation homes and cabins as defined by Chelan County land use codes or the county assessor.
(25) 
“System”
means the entire system of surface and stormwater management facilities over which the utility has control or right of use for the movement and retention of surface and stormwaters including both naturally occurring and manmade facilities.
(26) 
“Undeveloped”
means that condition of real property that has no impervious surface area and land used for railroad transportation; parks; cemeteries; resource production; and open space as defined by the Chelan County land use codes.
(27) 
“Utility”
means the Chelan County surface and stormwater management utility created by this chapter which includes the service area as it now exists or is hereafter changed.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The utility shall establish a program that may include, but not be limited to, the following elements: basin and watershed planning (including flood control); education; capital improvements; operations and maintenance; monitoring; enforcement; and regulatory compliance.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The utility shall be administered by the administrator and shall have the authority to implement the program as defined in this chapter. No provision of this chapter shall prevent municipalities, county agencies, departments, or special districts from adopting, administering, or enforcing other regulations to protect surface and stormwater quality.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The utility may coordinate surface and stormwater management programs and services by forming interlocal or operating agreements with other departments, governmental entities or special districts in order to achieve a comprehensive approach to surface and stormwater management. The utility shall endeavor to eliminate or reduce duplication and to achieve maximum program benefits in the most cost-efficient manner. The administrator shall annually submit an operating plan, budget and written report to the board of Chelan County commissioners for review and approval.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
Chelan County shall operate and maintain the utility in accordance with the terms of any interlocal agreements.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The utility shall pay reasonable administrative support services provided by the county assessor, county treasurer and county prosecuting attorney based upon actual costs.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The utility shall be funded, in part, by service charges. There is hereby created an enterprise fund known as the “Chelan County surface and stormwater management utility fund.” All revenue from all funding sources, including service charges, general facility charges, grants, bonds, or other sources shall be placed in said fund to be maintained by the county treasurer for the purpose of paying all or any part of the cost of all expenses related to the acquisition, installation, addition, improvement, replacement, repair, maintenance, operation, monitoring, enforcement or administration of utility facilities.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
Rate Structure Policy. The utilities rate structure shall be based upon the amount of impervious surface area within each parcel, as measured and established by this chapter, except for those properties set forth as exemptions in this chapter.
(2) 
ERU Standards and Calculations. The service charge applied on a parcel shall be based upon the ERUs contained within such parcel as of January 1st of each year. The following ERU standards and calculations shall apply within the service area:
(A) 
One ERU shall equal four thousand six hundred square feet.
(B) 
A detached single-family residence shall equal one ERU.
(C) 
A duplex shall equal one ERU.
(D) 
For all other non-single-family residential and non-duplex parcels, the ERUs shall be calculated by dividing the total area in square feet of impervious surface by the average amount of impervious surface identified for a single-family residence and rounding the quotient to the nearest whole number; provided, that no developed parcel shall contain less than one ERU.
(E) 
Undeveloped parcels having no impervious area shall not be charged.
(F) 
Changes to impervious surfaces or development of a previously undeveloped parcel shall not affect the parcel’s ERU standard or calculation until January 1st of the following year.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
County roads and state highways are considered to be part of the storm drainage conveyance system and as such will not be charged the surface and stormwater management utility service charge. Where highway sections are identified by the administrator as not providing appropriate drainage or storm drainage conveyance, then the county may apply the service charge to these specific highway sections.
(2) 
All railroad rights-of-way so long as each railroad exempted hereby shall agree to maintain, construct and improve all drainage facilities as required by the utility and in conformance with all utility standards for maintenance, construction and improvements of such facilities hereafter established by the utility, at no cost to the utility or to the county, and so long as each railroad shall grant to the county, on behalf of the utility, a perpetual easement for the purposes of storm drainage over the entire railroad right-of-way within the boundaries of the utility.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
Residential property owners who have qualified for reduction of their property taxes based on low income, elderly or other criteria established and administered by the county assessor shall also be provided a fifty percent reduction of the service charge.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
Service Charge Rate. In accordance with the rate structure set forth in this chapter, there is imposed upon all developed real property within the boundaries of the utility a monthly service charge of five dollars and fifty cents per ERU; provided, however, that low income senior citizens or low income disabled citizens, as defined in this chapter, shall pay fifty percent of the service charge.
(2) 
Deposit of Funds. All revenues from the utility shall be deposited in the Chelan County surface and stormwater management utility fund.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
Billing Date. The billing period for the service charges shall be for twelve months with a payment option of one half the annual service charge every six months.
(2) 
Payment Due Date. Payment may be made on an annual or twice yearly/six-month basis. Either the annual or six-month service charge amount shall be due and payable to Chelan County on or before April 30th of the year and in the case of twice yearly payment, the second six-month payment shall be due and payable to Chelan County on or before October 31st. Service charges received after these dates are considered delinquent.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
Any person receiving a billing statement for service charges and making a timely payment therefor may file to the administrator a “request for service charge adjustment” within thirty days of the date of the bill. The basis for this adjustment request must pertain to only the accuracy of the impervious surface measurement or ownership information regarding the property. However, filing of such a request does not extend the period for payment of the charge. The administrator shall investigate the request and determine if a service charge adjustment is due. The determination shall be in writing and clearly state the basis for authorizing or denying the request. The determination shall be issued and mailed to the owner within sixty days after receipt of the request. The amount of any authorized adjustment shall not include or accrue any interest. Decisions on requests for service charge adjustment shall be made by the administrator based on information submitted by the applicant and by the Chelan County department of public works within thirty days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the administrator’s decision. If an adjustment is granted which reduces the service charge for the current year, the applicant shall be refunded the amount overpaid in the current year. If the administrator finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase and service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under the provisions set forth as billing in this chapter.
The administrator may also provide for credits against the stormwater service charge in those cases where the onsite facilities or activities of the non-single-family residential property owner or homeowners association provide benefits to the utility in terms of stormwater quality and/or quantity; provided, that these credits will not be available for the on-site facilities required to be constructed as a condition of development approval. The level of credit provided shall be evaluated on a case-by-case basis but shall not allow for a full credit against the original rate. Application for a credit shall be made by the property owner and shall be on a form and within the rules provided by the administrator.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
(1) 
Liens. Pursuant to RCW 36.89.090, the county shall have a lien for delinquent charges, including interest thereon, against any property against which they were imposed for the purposes authorized by this chapter, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective upon the charges becoming delinquent and shall be enforced and foreclosed in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290, except that the service charge lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor, as provided for in RCW 36.89.093, in lieu of the provisions provided for in RCW 35.67.210. In accordance with RCW 36.89.094, the county may commence to foreclose a lien under this chapter after three years from the date the charges become delinquent, in lieu of the provisions provided for in RCW 35.67.230. The administrator shall periodically certify to the county auditor delinquencies that exceed one year.
(2) 
Interest on Delinquency. Service charges not paid by October 31 st of the year billed shall bear interest as provided in RCW 36.89.090, 36.89.092 and 35.67.200 at the rate of twelve percent per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first delinquent.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The rates and service charges established by this chapter and any other resolution of the board of county commissioners establishing rates and service charges for the utility shall be reviewed annually by the utility. Subsequent to such review, the utility shall present to the board a yearly budget for the utility and proposed amendments to any rates and charges necessary to enable the county to pay all costs to be incurred by the utility.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
The administrator, the Chelan County treasurer and the Chelan County assessor are each hereby authorized and directed to establish all administrative policies and procedures to implement the provisions of this chapter and as may be reasonable and necessary to perform.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)
If any provision of this chapter, or its application to any person or circumstance, is held to be unconstitutional or invalid for any reason, the remainder of this chapter or the application of its provisions to other persons or circumstances shall not be affected.
(Res. 2008-06 (part), 1/22/08; Res. 2014-116 (Att. A) (part), 11/17/14)