(a) 
“Best management practices (BMPs)”
means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention, educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or to the storm sewer system. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
(b) 
“Clearing”
means any construction activity that removes the vegetative surface cover.
(c) 
“Construction activity”
means clearing, grading, excavation, and any other activity that results in a land disturbance. Such activities may include, but are not limited to, road building, construction of residential homes, office buildings, commercial establishments, industrial facilities, and demolition activity.
(d) 
“Construction stormwater general permit (CSGP)”
means National Pollutant Discharge Elimination System (NPDES) and state waste discharge general permit for stormwater discharges associated with construction activity.
(e) 
“Development”
means any construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure within the jurisdiction of the city of Omak, as well as any manmade change or alteration to the landscape, including but not limited to, mining, drilling, dredging, grading, paving, excavation and filling.
(f) 
“Drainage way”
means any channel that conveys surface runoff throughout the site.
(g) 
“Erosion control”
means a measure that prevents erosion.
(h) 
“Erosion and sediment control specialist”
means a person who has received training and is authorized by the city to inspect and maintain erosion and sediment control practices.
(i) 
“Grading”
means excavation or fill of material, including the resulting conditions thereof.
(j) 
“Municipal separate storm sewer system (MS4),” also known as “storm sewer system,”
means city-owned facilities including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures: (1) designed or used for collecting or conveying stormwater; (2) which is not a combined sewer; and (3) which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
(k) 
“NPDES permit”
means a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency (EPA) or the Washington Department of Ecology that authorizes the discharge of pollutants to waters of the U.S.
(l) 
“Perimeter control”
means a barrier that prevents sediments from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
(m) 
“Permittee”
means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner’s agent.
(n) 
“Phasing”
means clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next.
(o) 
“Redevelopment”
means a project for which a building permit is required that proposes to add, replace, and/or alter impervious surfaces affecting the existing drainage system, other than routing maintenance, resurfacing, or repair. A project that meets the criteria of a major modification as defined in this section shall be considered a redevelopment.
(p) 
“Regulatory threshold, local”
refers to the ten thousand square foot (SF) size of new development and redevelopment projects that shall be regulated under the city of Omak requirements. The threshold includes construction site activities and new development and redevelopment projects that result in a land disturbance of equal to or greater than ten thousand SF and construction activities and projects less than ten thousand SF that are part of a larger common plan of development or sale.
(q) 
“Regulatory threshold, state”
refers to the one-acre size of new development and redevelopment projects that shall be regulated under the terms of the construction stormwater general permit. The threshold includes construction site activities and new development and redevelopment projects that result in a land disturbance of equal to or greater than one acre and construction activities and projects less than one acre that are part of a larger common plan of development or sale.
(r) 
“Sediment control”
means measures that prevent eroded sediment from leaving the site.
(s) 
“Site”
means a parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation.
(t) 
“Site development permit”
means a permit issued by the city for construction activities. May include other separately titled permits issued by the city to allow construction to proceed.
(u) 
“Stabilization”
means the use of practices that prevent exposed soil from eroding.
(v) 
“Start of construction”
means the first land-disturbing activity associated with construction activities, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
(w) 
“Stormwater”
means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
(x) 
“Stormwater Management Manual for Eastern Washington”
means the latest edition of the Stormwater Management Manual for Eastern Washington published by the Washington State Department of Ecology.
(y) 
“Stormwater pollution prevention plan (SWPPP)”
means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce the pollutant discharges to storm water, the storm sewer system, and/or receiving waters to the maximum extent practicable.
(z) 
“Watercourse”
means any body of water including, but not limited to, lakes, ponds, rivers, streams, irrigation ditches and canals, and the bodies of water delineated by the city.
(aa) 
“Waterway”
means a channel that directs the surface runoff to a watercourse or to the public storm drain.
(bb) 
“WDOE”
means the Washington State Department of Ecology.
(Ord. 1706 § 1, 2011)
To minimize the discharge and transport of pollutants to storm drain systems and prevent the deterioration of water quality, certain new development and redevelopment projects will be required to submit for approval a stormwater pollution prevention plan (SWPPP) to control the quality, volume and rate of stormwater runoff. The WDOE has issued a CSGP that is applicable to construction sites that meet the state regulatory threshold of one acre. The CSGP establishes standards and guidelines for creating a SWPPP and implementing erosion and sediment control BMPs. It is incorporated by reference and made part of this chapter for projects meeting the state regulatory threshold.
(1) 
Projects meeting the state regulatory threshold shall meet the following requirements:
(A) 
Exceptions to the CSGP requirements may be granted by the city, with WDOE concurrence, prior to project approval and construction following an application for an exception with legal public notice per the city’s guidance and requirements for exceptions and variances.
(B) 
Erosivity Waiver. Construction site operators may qualify for a waiver from the requirements to submit a SWPPP for local jurisdiction review if the conditions listed in S2.C of the CSGP are met.
(C) 
Projects meeting the state regulatory threshold and not qualifying for an erosivity waiver must complete a SWPPP. The SWPPP will aid in preventing erosion and the discharge of sediment and other pollutants into receiving waters. BMP selection, design, installation, operation and maintenance standards shall conform to the standards set forth in the Stormwater Management Manual for Eastern Washington.
(D) 
Stormwater pollution prevention plans shall meet the requirements of the Stormwater Management Manual for Eastern Washington and provide for the following:
(i) 
Prevention of any discharge of untreated stormwater, either on site or off site.
(ii) 
Retention of all post-development stormwater discharges on site unless specifically approved otherwise by the city.
(iii) 
Continuation of BMPs for appropriate periods of time.
(iv) 
Protection of groundwater from instances of development runoff infiltration.
(2) 
Projects meeting the local regulatory threshold shall meet the following requirements:
(A) 
Exceptions to the local permit requirements may be granted by the city prior to project approval and construction following an application for an exception with legal public notice per the city’s guidance and requirements for exceptions and variances. Exceptions may be granted if such application imposes a severe and unexpected economic hardship.
(B) 
Erosivity Waiver. Construction site operators may qualify for a waiver from the requirements to submit a SWPPP for local jurisdiction review if the conditions listed in S2.C of the CSGP are met.
(C) 
Projects meeting the local regulatory threshold and not qualifying for an erosivity waiver must complete an abbreviated SWPPP meeting the requirements prescribed by the city. The SWPPP will aid in preventing erosion and the discharge of sediment and other pollutants into receiving waters. BMP selection, design, installation, operation and maintenance standards shall conform to the standards set forth in the Stormwater Management Manual for Eastern Washington.
(D) 
Abbreviated stormwater pollution prevention plans shall provide for the following:
(i) 
Prevention of any discharge of untreated stormwater, either on site or off site.
(ii) 
Retain all post-development stormwater discharges on site unless specifically approved otherwise by the city.
(iii) 
Continuation of BMPs for appropriate periods of time.
(iv) 
Protection of groundwater from instances of development runoff infiltration.
(Ord. 1706 § 2, 2011)
All new development and redevelopment projects that meet the state regulatory threshold and the local regulatory threshold are responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters. Projects not qualifying for an erosivity waiver shall prepare a SWPPP for construction activity. The SWPPP shall be implemented beginning with initial soil disturbance and shall apply until final stabilization after completion of construction. For projects meeting the state regulatory threshold, refer to Sections 9.D and 9.E of the construction stormwater general permit for detailed instructions on how to complete a construction SWPPP.
(1) 
The SWPPP shall include each of the following twelve elements below in the narrative of the SWPPP and ensure that they are implemented unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP:
(A) 
Preserve vegetation/mark clearing limits;
(B) 
Establish construction access;
(C) 
Control flow rates;
(D) 
Install sediment controls;
(E) 
Stabilize soils;
(F) 
Protect slopes;
(G) 
Protect drain inlets;
(H) 
Stabilize channels and outlets;
(I) 
Control pollutants;
(J) 
Control dewatering;
(K) 
Maintain BMPs;
(L) 
Manage the project.
(2) 
Construction site operators must maintain and repair, as needed, all sediment and erosion control BMPs to assure continued performance of their intended function.
(3) 
For projects meeting the state regulatory threshold, construction site operators must periodically have their site inspected by a certified erosion and sediment control lead (CESCL) who shall be identified in the SWPPP and shall be present on site or on call at all times. The city building official or his authorized representative shall inspect projects meeting the local regulatory threshold.
(4) 
Construction site operators must maintain, update and implement their SWPPP. Modifications to the SWPPP must be made and submitted to the city for approval whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the state.
(5) 
For projects meeting the state regulatory threshold, construction site operators must comply with all stormwater monitoring and testing requirements as stated in the Section 4 of the CSGP.
(Ord. 1706 § 3, 2011)
(a) 
Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Stormwater Management Manual for Eastern Washington, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city. Cut and fill slopes shall be no greater than two to one, except as approved by the city to meet other community or environmental objectives.
(b) 
Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all other sections of this chapter. Clearing techniques that retain natural vegetation and drainage patterns, as described in the Stormwater Management Manual for Eastern Washington, shall be used to the satisfaction of the city.
(c) 
Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.
(d) 
Phasing shall be required on all sites disturbing greater than thirty acres, with the size of each phase to be established at plan review and as approved by the City.
(e) 
Erosion control requirements shall include the following:
(1) 
Soil stabilization shall be completed within five days of clearing or inactivity in construction.
(2) 
If seeding or another vegetative erosion control method is used, it shall become established within two weeks or the city may require the site to be reseeded or a nonvegetative option employed.
(3) 
Special techniques that meet the design criteria outlined in the Stormwater Management Manual for Eastern Washington on steep slopes or in drainage ways shall be used to ensure stabilization.
(4) 
The entire disturbed area must be established, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.
(5) 
Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(6) 
Techniques that divert upland runoff past disturbed slopes shall be employed.
(f) 
Sediment controls shall be selected based on the BMPs listed in the latest version of the Stormwater Management Manual for Eastern Washington.
(g) 
Waterway and watercourse protection requirements shall include:
(1) 
A temporary stream crossing installed and approved by all authorized state and local agencies if a wet watercourse will be crossed regularly during construction.
(2) 
Stabilization of the watercourse channel before, during, and after any in-channel work.
(3) 
All on-site storm water conveyance channels designed according to the criteria outlined in the Storm-water Management Manual for Eastern Washington.
(4) 
Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels.
(h) 
Construction site access requirements shall include:
(1) 
One single, stabilized entrance/exit to the construction site reinforced with quarry spalls or other suitable coarse rock material. A separation geotextile shall be placed under the spalls to prevent fine sediment from pumping up into the rock pad.
(2) 
Other measures required by the city in order to ensure that construction vehicles do not track sediment onto public streets or washed into storm drains.
(Ord. 1706 § 4, 2011)
(a) 
A SWPPP shall be submitted at the time the building plans are submitted for projects meeting the local regulatory threshold. The plan shall be reviewed for its compliance with the most recent requirements established by the city. Projects meeting the state regulatory threshold shall comply with WDOE’s submittal, review and approval process found in the construction stormwater general permit.
(1) 
No plan shall be approved that increases the peak level of stormwater runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.
(2) 
No development or use of land that requires a grading permit, involves more than ten thousand square feet of impervious surface, or would create more than ten thousand square feet of impervious surface, shall be permitted without an approved SWPPP.
(3) 
The city shall also review all projects meeting the state regulatory threshold after project approval has been received from the WDOE.
(b) 
The city will review each application for a site development permit to determine its conformance with the provisions of this regulation. Within thirty days after receiving an application, the city shall, in writing:
(1) 
Approve the permit application;
(2) 
Approve the permit application subject to such reasonable conditions as may be necessary to substantially secure the objectives of this regulation, and issue the permit subject to these conditions; or
(3) 
Reject the permit application, indicating the reason(s) for rejection and describing the procedure for submitting a revised application.
(c) 
Failure of the city to act on an original or revised application within thirty days of receipt shall authorize the applicant to proceed in accordance with the plans as filed unless such time is extended by agreement between the applicant and the city. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the city.
(d) 
Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant, together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee.
(e) 
Each application shall include a statement that all construction activities shall be in accordance with the SWPPP.
(f) 
The applicant will be required to file with the city a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the city to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the city, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(g) 
The city shall be notified of the commencement of any development covered by the SWPPP and the owner or responsible person shall be required to provide certification that the development is in conformity with the previously approved SWPPP.
(h) 
Any modifications to a SWPPP shall be submitted to the city of Omak building official for approval and a new SWPPP shall be submitted upon request of the city.
(i) 
Approval of the SWPPP does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
(j) 
Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or if implementation of the plan is not proceeding in the approved manner.
(k) 
Approval of a SWPPP may be suspended if the project is not completed within a two year period or development has ceased for a period of more than two years; however, a one-year extension may be granted upon a written request which provides the reason(s) for delay or cessation of development and specifies a time frame for completion or commencement of development.
(l) 
If undue hardship would result from strict application of the requirements of this chapter, a person may request a variance:
(1) 
The person requesting a variance shall state in detail the reason for the request and provide supporting documentation.
(2) 
If the city of Omak building official denies a request for variance, the denial may be appealed to the city council within ten days of notice of denial. The city council shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The city council will not accept additional supporting documentation if the information was not reasonably available at the time the request for variance was made and could have been submitted to the public works department.
(Ord. 1706 § 5, 2011)
(a) 
Site inspections will be conducted at least once a week and within twenty-four hours following any rainfall event which causes a discharge of stormwater from the site for the duration of construction activity. For sites with temporary stabilization measures, the site inspection frequency can be reduced to once every month. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the city at the time interval specified in the approved permit.
(b) 
All BMPs will be inspected, maintained, and repaired as needed to assure continued performance of their intended function. For projects meeting the state regulatory threshold, the inspector shall be a certified erosion and sediment control lead (CESCL). The name and contact information for the CESCL shall be included in the SWPPP.
(c) 
Site inspection will occur in all areas disturbed by construction activities and at all stormwater discharge points. Stormwater will be examined for the presence of suspended sediment, turbidity, discoloration, and oily sheen. The site inspector will evaluate and document the effectiveness of the installed BMPs and determine if it is necessary to repair or replace any of the BMPs to improve the quality of stormwater discharges. All maintenance and repairs will be documented in a site logbook or on forms provided by the city. All new BMPs or design changes will be documented in the SWPPP a soon as possible.
(d) 
The SWPPP and site logbook will be retained on site or within reasonable access to the site and will be made immediately available upon request to WDOE or the local jurisdiction.
(e) 
Records of all monitoring information (site log book, inspection reports/checklists, etc.), the SWPPP, and any other documentation of compliance with permit requirements will be retained during the life of the construction project and for a minimum of five years following the termination of permit coverage.
(f) 
Access to Construction Sites.
(1) 
The city shall be permitted to enter and inspect construction activities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.
(2) 
Construction site operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge to the storm sewer system, and the performance of any additional duties as defined by state and federal law.
(3) 
The city shall have the right to set up on any permitted construction site such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the site’s discharge to the storm sewer system.
(4) 
The city has the right to require the discharger to install monitoring equipment as necessary. The construction site’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
(5) 
Any temporary or permanent obstruction to safe and easy access to the construction site to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.
(6) 
Unreasonable delays in allowing the city access to a permitted construction site are a violation of this chapter. A person who is the operator of a construction site with an NPDES permit to discharge to the storm sewer system commits an offense if the person denies the city reasonable access to the permitted construction site for the purpose of conducting any activity authorized or required by this chapter.
(7) 
If the city has been refused access to any part of the premises from which discharges to the storm sewer system occur, and he/she is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routing inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction.
(g) 
The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the agent is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.
(Ord. 1706 § 6, 2011)
(a) 
Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:
(1) 
The performance of monitoring, analyses, and reporting;
(2) 
The elimination of illicit construction site stormwater discharges;
(3) 
That violating discharges, practices, or operations shall cease and desist;
(4) 
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
(5) 
Payment of a fine to cover administrative and remediation costs; and
(6) 
The implementation of source control or treatment BMPs.
(b) 
If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expenses thereof shall be charged to the violator.
(c) 
Stop Work Order—Revocation of Permit. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the area so as to be materially detrimental to the public welfare or injurious to property or the environment, the city may suspend or revoke the site development permit.
(d) 
Violation and Penalties. No person shall construct, enlarge, alter, repair or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter.
(Ord. 1706 § 7, 2011)
Any person receiving a notice of violation may appeal the determination to the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the city or its designee shall take place within ten days from the date of receipt of the notice of appeal. The decision of the city shall be final.
(Ord. 1706 § 8, 2011)
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner or agent in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above.
(Ord. 1706 § 9, 2011)
Failure to perform any act required or other performance of any act prohibited by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
(1) 
For a first violation, the offender shall be subject to a civil penalty of one hundred dollars;
(2) 
For a second violation, the offender shall be subject to a civil penalty of five hundred dollars;
(3) 
For a third violation, the offender shall be subject to a civil penalty of one thousand dollars and/or removal of and discontinuance of city water and sewer utility services.
(Ord. 1706 § 10, 2011)
Within thirty days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid in a timely manner as determined by the decision of the city or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the city by reason of such violation. The liability shall be paid in not more than twelve equal payments. Interest at the highest legal rate shall be assessed on the balance beginning on the thirty-first day following discovery of the violation.
(Ord. 1706 § 11, 2011)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 1706 § 12, 2011)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(Ord. 1706 § 13, 2011)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 1706 § 14, 2011)