The city council of the city of Pacific hereby finds that:
A. 
Stormwater facilities are a common feature of urban development.
B. 
In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained.
C. 
If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater.
D. 
If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.
(Ord. 1481 § 1, 2000)
The city council finds that this chapter is necessary in order to ensure maintenance of all stormwater facilities within the city by setting minimum standards for the inspection and maintenance of stormwater facilities.
(Ord. 1481 § 1, 2000)
The provisions of this chapter are intended to:
A. 
Provide for inspection and maintenance of stormwater facilities in the city of Pacific to provide for an effective, functional stormwater drainage system.
B. 
Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter.
C. 
Establish the minimum level of compliance which must be met.
D. 
Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(Ord. 1481 § 1, 2000)
It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
(Ord. 1481 § 1, 2000)
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. 1481 § 1, 2000)
When any provision of any other chapter of the city of Pacific Municipal Code conflicts with this chapter, the chapter that provides more environmental protection shall apply unless specifically provided otherwise in this chapter.
(Ord. 1481 § 1, 2000)
All stormwater facilities shall be maintained by the property owner in accordance with this chapter and the Manual. Systematic, routine preventative maintenance is preferred.
(Ord. 1481 § 1, 2000; Ord. 1949 § 3, 2017)
The following are the minimum standards for the maintenance of stormwater facilities:
A. 
Facilities shall be inspected annually by the property owner and cleared of debris, sediment, and vegetation when they affect the functioning and/or design capacity of the facility. The owner of each facility shall maintain an operation and maintenance manual and records that verify compliance with said operation and maintenance requirements.
B. 
Where lack of maintenance is causing or contributing to a water quality problem as identified by the director in an issued notice of violation, immediate action shall be taken by the property owner to correct the problem. Within one month, the director shall revisit the facility to ensure that it is being maintained.
(Ord. 1481 § 1, 2000; Ord. 1949 § 4, 2017)
Disposal of waste from maintenance activities shall be conducted in accordance with the Manual; the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC; the guidelines for disposal of waste materials from stormwater maintenance activities; and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
(Ord. 1481 § 1, 2000; Ord. 1949 § 5, 2017)
Property owners are responsible for the maintenance, regular inspection, operation or repair of private stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this title and the Manual.
(Ord. 1481 § 1, 2000; Ord. 2058 § 1, 2022)
A. 
Director. The public works director or a designee shall administer this chapter and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. For the purposes of this title, when the term "director" is used, it shall automatically include the director's designee.
B. 
Inspection Authority. The director or designee is directed and authorized to develop an inspection program for stormwater facilities in the city of Pacific in compliance with this title and with the Western Washington Phase II Municipal Stormwater Permit issued under the NPDES. The inspector shall be a certified erosion and sediment control lead (CESCL).
C. 
Enforcement Authority. The director shall enforce this chapter using the enforcement procedures contained in Chapter 24.10 PMC.
(Ord. 1481 § 1, 2000; Ord. 2058 § 2, 2022)
Whenever implementing the provisions of the inspection program or whenever there is reasonable cause to believe that a violation of this title has been or is being committed, the director or designee is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city of Pacific to determine compliance with the provisions of this title. In addition, in accordance with the terms of the Western Washington Phase II Municipal Stormwater Permit, the director or designee is authorized to perform routine inspections, including inspections to determine whether the maintenance requirements of this title are met. The authorized representative may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by the code, provided the city shall first notify the proper owner or person responsible for the premises. If entry is refused, the director shall have recourse to every remedy provided by law to secure entry.
(Ord. 1481 § 1, 2000; Ord. 2058 § 3, 2022)
Prior to making any inspections, the director shall present his/her identification credentials to the property owner or the person(s) in control of the property, state the reason for the inspection and request entry.
A. 
If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
B. 
If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an emergency situation which presents imminent hazard to persons or property, the director may enter.
C. 
Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create an imminent hazard to persons or property as set forth in subsection B of this section, the director shall not perform any inspection on the property.
D. 
The director may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection C of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
(Ord. 1481 § 1, 2000; Ord. 1949 § 6, 2017)
The director shall establish a master inspection and maintenance schedule to inspect all stormwater facilities. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
(Ord. 1481 § 1, 2000)
As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
A. 
As-built plans and locations.
B. 
Findings of fact from any exemption granted by the city.
C. 
Operation and maintenance requirements and records of inspections, maintenance actions and frequencies.
D. 
Engineering reports, as appropriate.
E. 
Identification of ownership and contact information.
(Ord. 1481 § 1, 2000)
The director shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.
(Ord. 1481 § 1, 2000)