Title 14
SURFACE WATER MANAGEMENT

Chapters:

14.800 Title, Purpose, Scope, Authority

14.801 Definitions

14.802 Storm Water, Drainage and Erosion Control

14.803 Storm Water and Surface Water Inspection and Maintenance

14.804 Public Storm Sewers

14.805 Storm Water and Surface Water Utility Code

14.806 Administration and Enforcement

Chapter 14.800
TITLE, PURPOSE, SCOPE, AUTHORITY

Sections:

14.800.010 Title.

14.800.020 Purpose.

14.800.030 Scope.

14.800.060 Compliance with other laws.

14.800.080 Authority.

14.800.090 City not liable.

14.800.010 Title.

This title shall be known as the “surface water management code,” and may be cited as such. (Ord. 1273 § 2, 1994).

14.800.020 Purpose.

A. The provisions of this title shall be liberally construed to accomplish its remedial purposes, which are:

1. To protect, to the greatest extent practical, life, property and the environment from loss, injury and damage by pollution, erosion, flooding, landslides, strong ground motion, soil liquefaction, accelerated soil creep, settlement and subsidence, and other potential hazards, whether from natural causes or from human activity;

2. To protect the public interest in drainage and related functions of drainage basins, watercourses and shoreline areas;

3. To protect surface waters and receiving waters from pollution, mechanical damage, excessive flows and other conditions in their drainage basins which will increase the rate of downcutting, streambank erosion, and/or the degree of turbidity, siltation and other forms of pollution, or which will reduce their low flows or low levels to levels which degrade the environment, reduce recharging and ground water, or endanger aquatic and benthic life within these surface waters and receiving water of the state;

4. To meet the requirements of state and federal law and comply with regulatory standards for the city’s municipal storm water, and

5. To fulfill the responsibilities of the city as trustee of the environment for future generations.

B. It is expressly the purpose of this title to provide for and promote the health, safety and welfare of the general public. This title is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 1273 § 2, 1994).

14.800.030 Scope.

This title applies to:

A. All grading and drainage and erosion control, whether or not a permit is required; and

B. All new development and redevelopment, whether or not a permit is required; and

C. All new and existing discharges directly or indirectly to a public drainage control system; and

D. All new and existing land uses. (Ord. 1273 § 2, 1994).

14.800.060 Compliance with other laws.

The requirements of this title are minimum requirements. They do not replace, repeal, abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this title imposes requirements which are more protective of human health or the environment than those set forth elsewhere, the provisions of this title shall prevail.

Approvals and permits granted under this title are not waivers of the requirements of any other laws. Compliance is still required with all applicable federal, state and local laws and regulations, including rules promulgated under authority of this title. (Ord. 1273 § 2, 1994).

14.800.080 Authority.

The public works director shall have authority regarding all other provisions of this title pertaining to storm water, drainage, and erosion control, including inspection and enforcement authority for temporary drainage and erosion control measures for large projects, as defined in BMC 14.801.130.

The public works director is authorized to take actions necessary to implement the provisions and purposes of this title in their respective spheres of authority, including, but not limited to: promulgating and amending rules and regulations, which may include prescribing best management practices (“BMPs”); establishing and conducting inspection programs; establishing and conducting or, as set forth in BMC 14.802.012, requiring responsible parties to conduct, monitoring programs, which may include sampling of discharges to or from drainage control facilities, the public drainage control system, or surface water; taking enforcement action; abating nuisances; promulgating guidance and policy documents; and reviewing and approving or disapproving required submittals and applications for approvals and permits.

The public works director is authorized to develop drainage basin plans for managing surface water, drainage water, and erosion within individual subbasins. Compliance with an adopted drainage basin plan may, when approved by the public works director, modify requirements of this title, provided the level of protection for human health, safety, and welfare, the environment, and the public or private property will equal or exceed that which would otherwise be achieved. (Ord. 1273 § 2, 1994).

14.800.090 City not liable.

Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents for any injury or damage resulting from the failure of responsible parties to comply with the provisions of this title, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this title, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this title by its officers, employees or agents.

The director or any employee charged with the enforcement of this title, acting in good faith and without malice on behalf of the city, shall not be personally liable for any damage that may accrue to persons or property as a result of any act required by the city, or by reason of any act or omission in the discharge of these duties. Any suit brought against the public works director or other employee because of an act or omission performed in the enforcement of any provisions of this title, shall be defended by the city.

Nothing in this title shall impose any liability on the city or any of its officers or employees for cleanup or any harm relating to sites containing hazardous materials, wastes or contaminated soil. (Ord. 1273 § 2, 1994).

Chapter 14.801
DEFINITIONS

Sections:

14.801.010 General.

14.801.020 “A”.

14.801.030 “B”.

14.801.040 “C”.

14.801.050 “D”.

14.801.060 “E”.

14.801.070 “F”.

14.801.100 “I”.

14.801.130 “L”.

14.801.150 “N”.

14.801.160 “O”.

14.801.170 “P”.

14.801.190 “R”.

14.801.200 “S”.

14.801.220 “U”.

14.801.240 “W”.

14.801.010 General.

For the purpose of this title, the words listed in this chapter shall have the following meanings unless the context clearly indicates otherwise. Terms relating to pollutants and to hazardous wastes, materials, and substances, where not defined in this title, shall be as defined in chapters 173-303, 173-340 WAC, the Uniform Building Code or the Uniform Fire Code including future amendments to those codes. Words used in the singular include the plural, and words used in the plural include the singular. (Ord. 1273 § 2, 1994).

14.801.020 “A”.

“Agency” means any governmental entity or its subdivision. (Ord. 1273 § 2, 1994).

14.801.030 “B”.

“Basin plan” means a plan to manage the quality and quantity of storm water in a drainage basin as described in the city of Burlington comprehensive surface water management plan, as now or hereafter amended.

“Best management practice (BMP)” means a physical, chemical, structural or managerial practice or device that prevents, reduces, or treats contamination of water or which prevents or reduces soil erosion. When the director develops rules and/or manuals prescribing best management practices for particular purposes, whether or not those rules and/or manuals are adopted by ordinance, BMPs prescribed in the rules and/or manuals shall be the BMPs required for compliance with this title.

Nonstructural best management practices are those which require modified or additional operational or behavioral practices, such as sweeping a parking lot or having spill response equipment on-site.

Structural best management practices are those which require the construction of a structure or other physical modification on the site. (Ord. 1273 § 2, 1994).

14.801.040 “C”.

“Cause or contribute” to a violation includes acts or omissions that create a violation, that increase the duration, extent, or severity of a violation, and that aid or abet a violation.

“Civil engineer, licensed” means a person who is a licensed by the state of Washington to practice civil engineering. (Ord. 1273 § 2, 1994).

14.801.050 “D”.

“Damages” means monetary compensation for harm, loss, costs, or expenses incurred by the city including, but not limited to, costs of abating violations of this title or public nuisances; fines or penalties by the city incurred as a result of a violation of this title; and costs to repair or clean the public drainage control system as a result of a violation. For the purposes of this title, it does not include compensation to any person other than the city.

“Design storm” means a rainfall event used in the analysis and design of drainage facilities.

“Designated receiving waters” means the Skagit River, Padilla Bay and other receiving waters designated by the public works director as having the capacity to receive drainage discharges.

“Detention” refers to temporary storage of drainage water.

“Developed parcel” means a parcel of real property which has been altered by developmental coverage.

“Development” – see “new development” and “redevelopment.”

“Developmental coverage” means all areas within a site planned to be developed or redeveloped including, but not limited to, rooftops; driveways; carports; accessory buildings; parking areas; areas in which soils, slopes and vegetation have been altered; and roadways and other pervious and impervious surfaces.

“Director” means the public works director or engineering director and the director’s designees, who may be employees of that department or another city department.

“Discharge point” means the location to which drainage water from a specific site is released.

“Discharge rate” means the rate at which drainage water is released from a specific site. The discharge rate is expressed as volume per unit of time, such as cubic feet per second.

“Drainage basin” means the tributary area through which drainage water is collected, regulated, transported, and discharged to receiving waters.

“Drainage control” means the management of drainage water. Drainage control is accomplished through the collection, conveyance, and discharge of drainage water, controlling the rate of discharge from a site, or separating, treating or preventing the introduction of pollutants.

“Drainage control facility” means any facility, including best management practices, installed or constructed for the purpose of controlling the flow, quantity, and/or quality of drainage water. Drainage control facilities include, but are not limited to, all types of catch basins, pipes, detention/retention ponds, bioswales, and other structural and nonstructural components that handle surface water.

“Drainage control plan” means a plan for collecting, controlling, transporting and disposing of drainage water falling upon, entering, flowing within, and exiting the site, including designs for drainage control facilities.

“Drainage control system” means a system to collect, convey and control release of only drainage water. The system may serve public or private property. It includes constructed and/or natural components such as ditches, culverts, streams and drainage control facilities.

“Drainage water” means storm water, snow melt, surface water, surface and irrigation runoff, water from footing drains and other drains approved by the public works director or installed in compliance with this title and rules which may be adopted hereunder. Other water which is not an illicit discharge as defined in BMC 14.802.012 shall be considered drainage water if it drains from the exterior of a building or structure, a pervious or impervious surface, or undeveloped land, or by surface or shallow subsurface flow.

“Dredging” means the excavating of earth materials from land covered by water. The term shall include dredging which maintains an established water depth. (Ord. 1471 § 1, 2001; Ord. 1330 § 1, 1997; Ord. 1273 § 2, 1994).

14.801.060 “E”.

“Erosion” means the wearing away of the ground surface as a result of mass wasting or the movement of wind, water and/or ice.

“Equivalent service unit” means a configuration of impervious surface estimated to contribute an amount of runoff to the city’s surface water management system which is approximately equal to that created by the average single-family residential developed parcel in Burlington. One equivalent service unit (ESU) is equivalent to 2,400 square feet of impervious surface area. For purposes of computation of rates, the number of equivalent service units shall be rounded to the nearest tenth. (Ord. 1330 § 2, 1997; Ord. 1273 § 2, 1994).

14.801.070 “F”.

“Fish and wildlife habitat conservation areas” is as defined in the critical areas code, chapter 15.15 BMC.

“Flood prone area” is as defined in the critical areas code, chapter 15.15 BMC. (Ord. 1273 § 2, 1994).

14.801.100 “I”.

“Illicit discharge” means the discharge defined by BMC 14.802.012.

“Impervious surface” means any surface from which most water runs off including, but

not limited to, paved streets, graveled or paved areas such as driveways, parking areas, packed earth material, oiled macadam or other treated surfaces, walkways, roof surfaces, patios and formal planters.

“Inspector” means the city inspector, inspection agency, or licensed civil engineer performing the inspection work required by this title. (Ord. 1273 § 2, 1994).

14.801.130 “L”.

“Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) or the existing topography. Land disturbing activities include, but are not limited to clearing, grading, filling and excavation.

“Land use permit” means a document issued by the department of planning and community development giving permission for development or use of land or street right-of-way in accordance with the zoning code (BMC Title 17).

“Large project” means a project exceeding 5,000 square feet of development coverage. (Ord. 1273 § 2, 1994).

14.801.150 “N”.

“NPDES” means National Pollutant Discharge Elimination System, the national program for controlling discharges under the federal Clean Water Act.

“NPDES permit” means an authorization, license or equivalent control document issued by the United States Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.

“New development” means any of the following activities:

Structural development, including construction of a new building or other structure;

Expansion or alteration of an existing structure that results in an increase in the footprint of the building or structure;

Land disturbing activities;

Creation or expansion of impervious surface;

Demolition;

Subdivision and short subdivision of land as defined in BMC Title 16, Subdivisions;

Class IV general forest practices, as defined in WAC 22-16-050 that are conversions from timber land to other uses.

No other forest practices or commercial agriculture are considered new development. (Ord. 1273 § 2, 1994).

14.801.160 “O”.

“Owner” means any person having title to and/or responsibility for, a building or property, including a lessee, guardian, receiver or trustee and the owner’s duly authorized agency. (Ord. 1273 § 2, 1994).

14.801.170 “P”.

“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which constitutes a separate lot or tract capable of being conveyed without further subdivision.

“Person” means an individual, firm, partnership, corporation, municipal corporation, and government, and the individual’s or entity’s heirs, successors and assigns.

“Plan” means, for the purposes of this title, and unless a different meaning is set forth or clearly required, a graphic or schematic representation, with accompanying notes, schedules, specifications and other related documents.

“Plot plan” is a scaled map of a site and adjacent public rights-of-way showing locations and dimensions of various existing and proposed features, such as buildings, curbs, driveways, sidewalks, trees, grades and drainage patterns.

“Public drainage control system” means a drainage control system owned or used by the city of Burlington serving city streets and adjacent property.

“Public storm drain” means the part of a public drainage control system which is wholly or partially piped, is owned or operated by a public entity, and is designed to carry only drainage water. (Ord. 1330 § 3, 1997; Ord. 1273 § 2, 1994).

14.801.190 “R”.

“Redevelopment” means any of the following activities:

Replacement or alteration of a building or structure that does not result in an increase in the footprint of the building or structure.

Replacement, alteration, or upgrade of an impervious surface that is not part of a routine maintenance activity, and does not result in expansion of the impervious surface.

“Responsible party” means all of the following persons: 1) owners and occupants of property within the city of Burlington; and 2) any person causing or contributing to a violation of the provisions of this title.

“Riparian corridor” is as defined in the critical areas code, chapter 15.15 BMC.

“Rules” means administrative rules promulgated by the public works director in accordance with the State Administrative Procedures Act. (Ord. 1441 § 1, 2000; Ord. 1273 § 2, 1994).

14.801.200 “S”.

“Serve or service,” when used regarding a document, means the procedures set forth in BMC 14.806.030.

“Service drain” means a privately owned and maintained drainage control facility or system which carries only drainage water. Service drains include, but are not limited to, conveyance pipes, catch basin connections, downspout connections, pipes, and subsurface drain connections.

“Shoreline district” means all land regulated by the Shorelines Management Act of 1971 (chapter 90.58 RCW).

“Single-family residential parcel” means a parcel which has been actually developed with a single-family residence.

“Site” means any lot, parcel of land, street or highway right-of-way, or contiguous combination thereof, where a permit for new development, redevelopment, land disturbing activity, or grading has been issued or where any such work is proposed or performed.

“Small project” means a project with 5,000 square feet or less of developmental coverage.

“Standard design” is a design approved by the Burlington public works department for drainage and erosion control for a typical site.

“Storm drain” – see “public storm drain” and “service drain”.

“Storm water” means water originating from rainfall and other precipitation, and from footing drains and other subsurface drains approved by the public works director or installed in compliance with rules which may be adopted hereunder. (Ord. 1330 § 4, 1997; Ord. 1273 § 2, 1994).

14.801.220 “U”.

“Uncontaminated” means, for the purposes of this title, not containing sediment or other pollutants or contaminates above natural background levels when referring to surface or ground water; and not containing pollutants or contaminants in levels greater than city-supplied drinking water when referring to potable water.

“Undeveloped parcel” means any parcel of real property which has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel. (Ord. 1330 § 5, 1997; Ord. 1273 § 2, 1994).

14.801.240 “W”.

“Watercourse” means the route, constructed or formed by humans or by natural processes, generally consisting of a channel with bed, banks, or sides, in which surface waters flow, including lakes, bogs, streams, sloughs, and intermittent artificial components (including ditches and culverts) but not including receiving waters.

“Wetland” is as defined in critical areas code, chapter 15.15 BMC. (Ord. 1273 § 2, 1994).

Chapter 14.802
STORM WATER, DRAINAGE AND EROSION CONTROL

Sections:

14.802.010 Scope.

14.802.012 Prohibited discharges.

14.802.013 Requirements for existing discharges and land uses.

14.802.015 Storm water, drainage, and erosion control requirements.

14.802.020 Scope of drainage control review and application requirements.

14.802.040 Drainage control plan registry.

14.802.060 Installation of drainage control facilities.

14.802.070 Modifications of drainage control facilities during construction.

14.802.010 Scope.

A. General. All new and existing discharges subject to this title as set forth in BMC 14.800.030, all land uses and all new development, redevelopment, and grading shall comply with all requirements of this title unless explicitly exempted by this title or by the director exercising authority granted under this title.

B. Exemptions. The following land uses are exempt from the provisions of this title.

1. Commercial agriculture, including only those activities conducted on lands defined in RCW 84.34.020(2), and production of crops of livestock for wholesale trade;

2. Forest practices regulated under WAC Title 222, except for Class IV general forest practices, as defined in WAC 222-16-050, that are conversions from timber land to other uses; and

3. Development undertaken by the Washington State Department of Transportation in state highway right-of-way that complies with the standards found in chapter 173-270 WAC, the Puget Sound Highway Runoff Program. (Ord. 1273 § 2, 1994).

14.802.012 Prohibited discharges.

A. Storm Water Discharges to Sanitary and Combined Sewers. In consultation with the local sewage treatment agency, the director may approve discharges of storm water to public combined sewer or sanitary sewer if other methods of controlling pollutants in the discharge are not adequate or reasonable, and the discharging party certifies that the discharge will not harm the environment and will not overburden or otherwise harm the public combined sewer or sanitary sewer systems. The director shall condition approval of such a discharge on compliance with local pretreatment regulations.

B. Discharges Prohibited to Public Drainage Control Systems. It is unlawful to make illicit discharges, as defined in subsection C of this section, either directly or indirectly to a public drainage control system.

C. Illicit Discharges Defined. Except as provided in subsection D of this section, all discharges which are not composed entirely of storm water are illicit discharges. See BMC 14.806.020 for defenses available to responsible parties.

The following is a partial list, provided for informational purposes only, of common substances which are illicit discharges when allowed to enter a public drainage control system: Solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive and petroleum products; flammable or explosive materials; metals in excess of naturally-occurring amount, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent; ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel.

D. Permissible Discharges. Discharges from the sources listed below shall only be illicit discharges if the public works director determines that the type of discharge, whether singly or in combination with others, is causing or contributing to a water quality problem, such as hose which contain more than typical discharges in the city, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the city: Potable water sources; washing of potable water storage reservoirs; flushing of potable water lines; natural uncontaminated ground water; air conditioning condensation; natural springs; uncontaminated water from crawl space pumps; runoff from lawn watering; irrigation runoff; runoff from residential car washing by individuals; flows from riparian habitats and wetlands; heat; discharges in compliance with NPDES permit; and discharges from footing drains and other subsurface drains approved by the public works director or, where approval is not required, installed in compliance with this title and rules promulgated pursuant to this title.

E. Exemption. Discharges resulting from public firefighting activities, but not from activities related to firefighting such as the maintenance or cleaning of firefighting equipment, are exempt from regulation under this section.

F. Testing for Illicit Discharges. When the director has reason to believe that any discharge is an illicit discharge, the director may sample and analyze the discharge and recover the costs from a responsible party in an enforcement proceeding. When the discharge is likely to contain illicit discharges on a recurring basis, the director may conduct, or may require the responsible party to conduct, ongoing monitoring at the responsible party’s expense. (Ord. 1273 § 2, 1994).

14.802.013 Requirements for existing discharges and land uses.

A. General. For all existing discharges directly or indirectly to a public drainage control system, responsible parties shall implement and maintain nonstructural best management practices as specified in rules promulgated by the director. Nonstructural best management practices shall include, but not be limited to, maintenance and housekeeping practices such as cleaning of catch basins and detention facilities, sweeping of parking lots, storing oil barrels and other contaminant sources out of the rain, covering material stockpiles, and proper use and storage of hazardous materials.

If the director determines that discharges from a drainage facility are causing or contributing to a water quality problem, such as discharges that cannot be adequately addressed by nonstructural best management practices, including, but not limited to, areas with recurrent spills such as discharges from vehicle maintenance shops or gas stations, then the director may require the responsible party to undertake more stringent or additional best management practices. These best management practices may include structural best management practices, or other action necessary to cease causing or contributing to the water quality problem. Structural best management practices include but shall not be limited to constructed facilities such as detention tanks, wet ponds, oil/water separators, grassed swales, roofing and berming of container storage areas, and revised piping systems.

B. Spill Prevention Required. All commercial and industrial responsible parties shall take measures to prevent spills or other accidental introduction of illicit discharges into a public drainage control system. Such measures shall include:

1. Establishment and implementation of plans and procedures to prevent spills and other accidental releases of materials that may contaminate storm water;

2. Implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of storm water and;

3. Provision of necessary containment and response equipment on site, and training of personnel regarding the procedures and equipment to be used.

The provisions of this subsection may be satisfied by a storm water pollution prevention plan prepared in compliance with NPDES industrial storm water permit for the site.

The responsible parties shall make the plans and procedures required by this subsection available to the director when requested.

C. Release Reporting Requirements. A responsible party must, at the earliest possible time, but in any case within 24 hours of discovery, report to the public works director, a spill, release, dumping, or other situation that has contributed or is likely to contribute pollutants to a public drainage control system. This reporting requirement is in addition to, and not instead of, any other reporting requirements under federal, state or local laws.

D. Natural Drainage Patterns. Natural drainage patterns shall be maintained.

E. Obstruction of Watercourses. Watercourses shall not be obstructed. (Ord. 1273 § 2, 1994).

14.802.015 Storm water, drainage, and erosion control requirements.

A. When Compliance is Required.

1. New Development. All new development, regardless of type, and regardless of whether or not a permit is required, must comply with the minimum requirements set forth in subsection C of this section. Projects exceeding 5,000 square feet of developmental coverage shall also comply with the requirements for large projects set forth in subsection D of this section. Only those projects meeting the review thresholds set forth in subsection B must prepare and submit the required plans.

2. Redevelopment. The portion of the site being redeveloped shall at least comply with the minimum requirements set forth in subsection C of this section. Projects exceeding 5,000 square feet of developmental coverage must also comply with the additional requirements set forth in subsection D of this section. Compliance is required regardless of the type of redevelopment, and regardless of whether or not a permit is required. However, only those projects meeting the review thresholds set forth in subsection B of this section must prepare and submit the required plan.

3. Approval of Exceptions Required. Exceptions to the requirements of this title may not be used on any projects, including those that are below the threshold sizes specified in subsection B of this section, unless allowed by rule or approved by the director. Approval shall be obtained prior to initiating land disturbing activities or new development or redevelopment. Approvals must be obtained for exceptions to any and all requirements of this title, including but not limited to the requirements that natural drainage patterns be maintained and the requirement that watercourses not be obstructed.

B. Thresholds for Drainage Control Review. The director may, by interagency agreement, waive the drainage and erosion control permit and document requirements for property owned by public entities, when discharges from the property do not enter the public drainage control system or the public combined sewer system. Whether or not they are required to obtain permits or submit documents, public entities are subject to the substantive requirements of this title, unless exceptions are granted as set forth in BMC 14.806.010. Except as provided in this subsection, drainage control review and approval shall be required as provided below:

1. Where an application for either a land use permit or building permit includes the cumulative addition of 750 square feet or more of developmental coverage after the effective date of the ordinance codified in this title;

2. Where an application for a grading permit or approval is required;

3. Where a street use permit is required and the permit is for the cumulative addition of 750 square feet or more of developmental coverage after the effective date of the ordinance codified in this title;

4. Where any permit approval or contract includes any new or additional developmental coverage on a site deemed a potentially hazardous location, as specified in BMC 14.800.050;

5. Whenever an exception to a requirement set forth in this title or in a rule promulgated under this title is desired, whether or not review and approval would otherwise be required, including but not limited to alteration of natural drainage patterns or the obstruction of watercourses.

C. Minimum Requirements for All Projects. All projects must comply with the requirements of the Washington State Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin, 1992 Edition; provided, that the latest edition or portions thereof may be adopted by rules promulgated by the public works director. The Washington State Department of Ecology’s Storm Water Management Manual for the Puget Sound Basin, 1992 Edition is hereby adopted by reference and shall be the manual for storm water management of this subsection; provided, that the latest edition or portions thereof may be adopted by rules promulgated by the public works director. Projects with more than 5,000 square feet of developmental coverage shall also comply with the requirements of subsection D of this section. The director may also require projects with 5,000 square feet or less of developmental coverage to comply with the requirements of subsection D when necessary to accomplish the purposes of this title. In making this determination, the director may consider, but not be limited to, the following attributes of the site: location within a critical area; proximity and tributary to a critical area; proximity and tributary to an area with known erosion or flooding problems.

1. Discharge Point. The discharge point for drainage water from each site shall be selected as set forth in rules promulgated by the public works director specifying criteria, guidelines and standards for determining drainage discharge point to meet the purposes of this title. The criteria shall include, but not be limited to, preservation of natural drainage patterns and whether the capacity of the drainage control system is adequate for the additional volume. For those projects meeting the review threshold, the proposed discharge point shall be identified in the drainage control plan required by subsection (C)(4) of this section, for review and approval or disapproval by the public works director.

2. Discharge Rate. The peak drainage water discharge rate from pervious and impervious surfaces on the site shall comply with the standards in the Washington State Department of Ecology’s storm water management manual for the Puget Sound Basin, 1992 Edition. The director may promulgate rules allowing exceptions to the permissible peak discharge rate for property which discharges water directly to a designated receiving water or directly to a public storm drain which the director determines has sufficient capacity to carry existing and anticipated loads from the point of connection to a receiving water. The design storm used to determine detention volume necessary to obtain the required discharge rate and the methods of calculation to determine the discharge rate shall comply with the standards in the Washington State Department of Ecology’s storm water management manual for the Puget Sound Basin, 1992 Edition. Where laws or regulations of the federal government or the state of Washington impose a more stringent requirement, the more stringent requirement shall apply.

3. Control Measures. During new development, redevelopment and land disturbing activities, best management practices, as further specified in rules promulgated by the director, shall be used to accomplish the following:

a. Control erosion and the transport of sediment from the site through measures such as mulching, matting, covering, silt fences, sediment traps and catch basins, settling ponds and protective berms;

b. Permanently stabilize exposed soils that are not being actively worked, through such methods as the installation of permanent vegetative cover and installation of slope protective materials; and

c. Control the introduction of contaminants and pollutants into, and reduce and treat contaminants in drainage water, drainage control facilities, surface and ground water, and the public drainage control system by methods such as covering of material stockpiles; proper disposal of hazardous materials; regular cleaning of catch basins, gravel truck loading and heavy equipment areas; spill control for fueling operations; sweeping; and maintaining erosion control protective features described above.

4. Drainage Control Plan. For those projects meeting the review thresholds set forth in subsection B of this section and which are less than 5,000 square feet, the applicant shall submit a drainage control plan as set forth in rules promulgated by the public works director. Standards designs for drainage control facilities prepared by the director may be used. Projects exceeding 5,000 square feet must submit a comprehensive drainage control plan as set forth in subsection D of this section. The director may impose additional requirements, including a comprehensive drainage control plan prepared by a licensed civil engineer, when the project has complex or unusual drainage, or when additional requirements are otherwise necessary to accomplish the purpose of this title.

5. Memorandum of Drainage Control. The owner(s) of the site shall sign a “memorandum of drainage control” that has been prepared by the public works director. Completion of the memorandum shall be a condition precedent to issuance of any permit or approval for which a drainage control plan is required. The memorandum shall not be required when the drainage control facility will be owned and operated by the city. A memorandum of drainage control shall include:

a. The legal description of the site;

b. A summary of the terms of the drainage control plan, including any known limitations of the drainage control plan, including any known limitations of the drainage control facilities, and an agreement by the owners to implement those terms;

c. An agreement that the owner(s) shall inform future purchasers and other successors and assignees of the existence of the drainage control facilities and other elements of the drainage control plan, the limitations of the drainage control facilities and of the requirements for continued inspection and maintenance of the drainage control facilities;

d. The storm sewer permit number and the date and name of the permit or approval for which the drainage control plan is required;

e. Permission for the city to enter the property for inspection, monitoring, correction, and abatement purposes;

f. An acknowledgment by the owner(s) that the city is not responsible for the adequacy or performance of the drainage control plan, and a waiver of any and all claims against the city for any harm, loss, or damage related to the plan, or to drainage or erosion on the property, except for claims arising from the city’s sole negligence; and

g. The owner(s)’ signature acknowledged by a notary public.

The applicant shall file the memorandum of drainage control with the Skagit County auditor so as to become part of the Skagit County real property records. The applicant shall give the director proof of filing of the memorandum.

6. Flood Prone Areas. Sites within flood prone areas must employ measures to minimize the potential for flooding on the site and for the project to increase the risk of floods on adjacent or nearby properties. Flood control measures shall include those set forth in other titles of the Burlington Municipal Code and rules promulgated thereunder, including but not limited to the critical areas code, chapter 15.15 BMC, and in rules promulgated by the public works director to meet the purposes of this subsection.

7. Natural Drainage Patterns. Natural drainage patterns shall be maintained.

8. Obstruction of Watercourses. Watercourses shall not be obstructed.

D. Additional Requirements for Large Projects. All projects exceeding 5,000 square feet of developmental coverage and those small projects identified by the director according to subsection C of this section must comply with the requirements set forth in this subsection. These requirements are in addition to the requirements set forth in subsection C of this section. When the director develops rules prescribing best management practices for particular purposes, whether or not those rules are adopted by ordinance, BMPs prescribed in the rules shall be the BMPs required for compliance with this subsection. Best management practices shall include, but not limited to, maintenance and housekeeping practices such as proper storage of oil barrels and other contaminant sources, covering material stockpiles, proper use and storage of hazardous materials, as well as constructed facilities such as detention tanks, wet ponds, extended detention dry ponds, infiltration, vegetated streambank stabilization, structural stabilization, catch basins, oil/water separators, grassed swales, and constructed wetlands.

1. Control the sources of sediment and other contaminants and pollutants that could enter drainage water, including the selection, design and maintenance of temporary and permanent best management practices.

2. Minimize bank erosion and effects on water quality in any slough, the Skagit River or other body of water receiving drainage water, including the selection, design and maintenance of temporary and permanent best management practices, where storm water is discharged directly to a body of water to a conveyance system that discharges to a body of water.

3. Minimize the introduction of sediment, heat, and other pollutants and contaminants into wetlands, including the selection, design and maintenance of temporary and permanent best management practices, where storm water discharges directly to a wetland or to a conveyance system that discharges into a wetland.

4. Analyze impacts to off-site water quality resulting from the project. The analysis shall comply with this subsection and rules promulgated pursuant to this subsection. The analysis shall provide for mitigation of all surface water quality or sediment quality impacts. The impacts to be evaluated and mitigated shall include at least the following:

a. Amount of sedimentation;

b. Bank erosion;

c. Discharges to ground water contributing to recharge zones;

d. Violations of state or federal surface water, ground water, or sediment quality standards; and

e. Spills and other accidental illicit discharges.

5. A schedule shall be provided for inspection and maintenance of proposed temporary and permanent drainage control facilities and other best management practices. The schedule shall meet the requirements of this title and rules promulgated under this title.

6. In addition to the requirements described above, for land disturbing activities and demolition of structures, an erosion/sediment control plan designed to comply with the requirements and purposes of this title and rules promulgated hereunder shall be submitted and implemented. The erosion/sediment control plan shall be designed to accomplish the following:

a. Stabilization of exposed soils and sediment trapping;

b. Delineation of limits on clearing and easements;

c. Protection of adjacent property;

d. Appropriate timing and stabilization of sediment trapping measures;

e. Minimization of erosion on cut and fill slopes;

f. Control of off-site erosion;

g. Stabilization of temporary conveyance channels and outlets;

h. Protection of storm drain inlets;

i. Minimization of transport of sediment by construction vehicles;

j. Appropriate timing for removal of temporary best management practices;

k. Control of discharges from construction site dewatering devices to minimize contamination of drainage water; and

l. Inspection and maintenance of best management practices for erosion/sediment control to insure functioning at design capacity.

7. Comprehensive Drainage Control Plan. A comprehensive drainage control plan to comply with the requirements of this title and rules promulgated hereunder and to accomplish the purposes of this title shall be submitted with the permit application. It shall be prepared by a licensed civil engineer in accordance with standards adopted by the public works director. (Ord. 1441 § 2, 2000; Ord. 1273 § 2, 1994).

14.802.020 Scope of drainage control review and application requirements.

A. Scope of Review. Where drainage and approval are required by BMC 14.802.015, the scope of this review shall at least include the following.

1. Land Use Permit Applications. Master use permit applications shall contain sufficient information to allow the public works director to determine the effects of storm water on- and off-site, including the property of a proposed discharge point, compliance with requirements for permanent drainage control facilities, compliance with the requirements to maintain natural drainage patterns and not obstruct watercourses, compliance with applicable flood control requirements, and whether improvements to the public drainage control system shall be required. These determinations shall be part of approved land use permit conditions, and shall be used as basis for further drainage planning for building permits and other permits listed below.

2. Applications for Building and Other Permits. The public works director shall review any application for a building permit or other permit listed in BMC 14.802.015, other than land use permit applications, for compliance with BMC 14.802.015 and to determine whether improvements to the public drainage control system shall be required.

3. Projects Exceeding 5,000 Square Feet. For projects exceeding 5,000 square feet of developmental coverage, in addition to the review criteria set forth above, the public works director shall review the comprehensive drainage control plan for compliance with applicable requirements.

4. Exceptions. Requests for exceptions to requirements shall be reviewed as set forth in BMC 14.806.010.

B. Application and Approval Requirements. Drainage control plans for projects subject to review under BMC 14.802.015 shall be reviewed by the public works director. The director may approve those plans which comply with the provisions of this title and rules promulgated hereunder, and may place conditions upon the approval in order to assure compliance with the provisions of this title. Submission of the required drainage control application information shall be a condition precedent to the processing of any of the above-listed permits. Approval of drainage control shall be a condition precedent to issuance of any of the above-listed permits. A storm sewer permit shall be issued to construct on-site and off-site drainage control facilities based on the approved plans. See BMC 14.804.200, Storm Sewer Permits Required.

The public works director may disapprove plans which do not comply with the provisions of this title and rules promulgated hereunder. Disapproved plans shall be returned to the applicant, who may correct and resubmit the plans.

C. Submittal Requirements.

1. Applications shall be prepared and submitted in accordance with provisions of this section, with chapter 14.804 BMC (Storm Sewers) and with associated rules and regulations adopted by the director.

2. The director may require additional information necessary to adequately evaluate applications for compliance with the requirements and purposes of this title and other laws and regulations, including the critical areas code, chapter 15.15 BMC. The director may also require appropriate information about adjoining properties which may be related to, or affected by, the drainage control proposal in order to evaluate effects on the adjacent property. This additional information may be required as a precondition for permit application review and approval.

3. Where an applicant simultaneously applies for more than one of the permits listed in subsection A above for the same property, the application shall comply with the requirements for the permit which are the most detailed and complete. (Ord. 1273 § 2, 1994).

14.802.040 Drainage control plan registry.

The public works director shall maintain an official registry and permanent file of all approved drainage control plans. Each plan shall be cataloged in the registry according to the property address, legal description of the property and the storm sewer permit number for which the plan is required. See BMC 14.804.200, Storm Sewer Permits Required. Where a drainage control plan covers more than one property, the approved plan shall be cataloged for each property covered by the plan. (Ord. 1273 § 2, 1994).

14.802.060 Installation of drainage control facilities.

All privately owned and operated drainage control facilities or systems, whether or not they discharge to a public drainage control system, shall be considered storm sewers and shall be subject to BMC Title 14, the public works department director’s rules promulgated under that title, and the public works department’s design and installation specifications and permit requirements for storm sewer and drainage control systems.

Storm sewer permits and inspections shall be required for construction, capping, alterations, or repairs of privately owned and operated drainage control systems as provided in BMC Title 14. When the work is ready for inspection, the permittee shall notify the public works director. If the work is not in accordance with plans approved under this title and in accordance with the public works department design and installation specifications, the public works department may order the work stopped by written notice to the persons engaged in performing the work or causing the work to be done, and may require modifications as provided in this title. (Ord. 1273 § 2, 1994).

14.802.070 Modifications of drainage control facilities during construction.

During construction the public works director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be modified if physical conditions are discovered on the site which are inconsistent with the assumptions upon which the approval was based, including but not limited to unexpected soil and/or water conditions, weather generated problems, or changes in the design of the improved areas. Modifications shall be submitted to the director for approval prior to implementation.

Any such modifications made during the construction of drainage control facilities shall be recorded on the final approved drainage control plan, a revised copy of which shall be filed by the public works director. (Ord. 1273 § 2, 1994).

Chapter 14.803
STORM WATER AND SURFACE WATER INSPECTION AND MAINTENANCE

Sections:

14.803.010 Purpose.

14.803.020 Compliance.

14.803.030 Responsibility for inspection and maintenance.

14.803.040 Inspection program.

14.803.050 Entry for inspection and abatement purposes.

14.803.060 Disposal of waste from maintenance activities.

14.803.070 Records of installation and maintenance activities.

14.803.010 Purpose.

It is the purpose of this chapter to:

A. Provide for the inspection and regulation of public or private storm and surface water system control or detention facilities in order to provide for a proper functioning city storm and surface water drainage system and to protect the public health, safety and welfare;

B. Authorize the storm and surface water utility to inspect storm and surface water system control and detention facilities and to require owners of such systems to maintain, operate and repair such systems in conformity with the code and the utility standards and regulations. (Ord. 1273 § 2, 1994).

14.803.020 Compliance.

Each owner or person responsible for the maintenance, operation or repair of detention facilities within the city shall maintain, operate and repair said detention facilities in compliance with the requirements of this code and in compliance with the utility standards and regulations. (Ord. 1273 § 2, 1994).

14.803.030 Responsibility for inspection and maintenance.

Drainage control facilities required by this title and by the rules adopted hereunder, shall be maintained by the owner or other responsible party. The owner or responsible party shall inspect permanent drainage control facilities at least annually, and shall inspect temporary drainage control facilities and other temporary best management practices or facilities on a schedule sufficient for the facilities to function at design capacity. The public works director may require the responsible party to conduct more frequent inspection and/or maintenance when necessary to insure functioning at design capacity. (Ord. 1273 § 2, 1994).

14.803.040 Inspection program.

The public works director may establish inspection programs to insure compliance with the requirements of this title and accomplishment of its purposes. Inspection programs may be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; visual inspection of catch basins and detention/retention ponds; video inspection of pipe system; sampling discharges, surface water, ground water, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other best management practices. (Ord. 1471 § 2, 2001; Ord. 1273 § 2, 1994).

14.803.050 Entry for inspection and abatement purposes.

A. New Installations and Connections. When any new drainage control facility is installed on private property, and when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall execute a permission form provided by the director of engineering. The property owner shall grant the city the right to enter the property at reasonable times and in a reasonable manner pursuant to an inspection program established pursuant to subsection B above, and to enter the property when the city has a reasonable basis to believe that a violation of this title is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this title.

B. Existing Land Uses and Discharges. Owners of property with existing discharges or land uses subject to this title who are not installing a new drainage control facility or making a new connection between private property and a public drainage control system, sanitary sewer or combined sewer, shall have the option to execute a permission form for the purposes described above when provided with the form by the director.

C. The director, whenever implementing the provisions of the utility’s inspection program or whenever he/she has cause to believe that a violation of this code or the utility standards and regulations has been or is being committed, is authorized to inspect during regular working hours and at other reasonable times all detention facilities within the city to determine compliance with the provisions of this code and the utility standards and regulations. If a property owner has not granted right of entry under subsections 2 or 3 above, prior to making any inspection, the director shall present identification credentials, state the reason for the inspection, and request entry.

1. If said property or any building or structure on said property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portion thereof and request entry.

2. If after reasonable effort, the director is unable to locate the owner or such other person(s) having charge or control of the property, and he/she has reason to believe the condition of the detention facility creates an imminent hazard to persons or property, he/she may make entry.

3. Unless entry is consented to by the owner or person(s) in control of said property or portion thereof or unless conditions are reasonably believed to exist which create an imminent hazard, the director, prior to entry, shall obtain a search warrant as authorized by the laws of the state.

4. The director may inspect the detention facility without obtaining a search warrant pursuant to subsection C above, if said inspection can be conducted while he/she remains on public property or on other property on which he/she has permission to be. (Ord. 1273 § 2, 1994).

14.803.060 Disposal of waste from maintenance activities.

Disposal of waste from maintenance of drainage and storm water control facilities shall be conducted in accordance with federal, state and local regulations, including the Minimum Functional Standards for Solid Waste Handling, chapter 173-304 WAC, guidelines for disposal of waste materials, and, where appropriate, Dangerous Waste Regulations, chapter 173-303 WAC, including any subsequent amendments to these provisions. (Ord. 1273 § 2, 1994).

14.803.070 Records of installation and maintenance activities.

When a new drainage control facility is installed, the party having the facility installed shall obtain a copy of the as-built plans from the director of engineering. Responsible parties shall make records of the installation and of all maintenance and repair and shall retain the records for at least 10 years. These records shall be made available to the director during inspection of the facility and at other reasonable times upon request of the director. (Ord. 1273 § 2, 1994).

Chapter 14.804
PUBLIC STORM SEWERS

Sections:

14.804.170 Definitions.

14.804.180 Plans required.

14.804.190 Design criteria.

14.804.200 Storm sewer permits required.

14.804.170 Definitions.

A. “Primary drainage system” means a drainage system serving a watershed of 20 acres or greater.

B. “Secondary drainage system” means a drainage system serving a watershed less then 20 acres in size or a watershed with a runoff of three cubic feet per second or less for a storm with a five-year frequency. (Ord. 1273 § 2, 1994).

14.804.180 Plans required.

Storm sewers and drainage improvements shall require a storm sewer permit with approved engineering plans with the following information:

A. Plan map properly dimensioned and drawn to scale showing the location of the proposed storm sewer, drainage ditches and sewer appurtenances within the street right-of-way. Sewers and drainage ditches shall be stationed and all manholes, catch basins, and appurtenances shall be numbered;

B. Location of existing above and below ground utilities in road right-of-way or adjacent easements;

C. Location and dimensions of utility and drainage easements and location of all existing watercourses, ditches, trunk storm sewers, ponds and retention facilities connected with or adjacent to the proposed drainage facilities;

D. Profiles of storm drains and drainage ditches with the following information:

1. Location and number of all manholes, catch basins and appurtenances,

2. Profile of existing and proposed ground surface and storm drain,

3. Size, slope and length of storm sewers between consecutive manholes,

4. Sewer, manhole, and catch basin invert elevations;

E. Suitable title plate on each drawing with street or sewer name, name and address of the developer, scale, date and the name, address and telephone number and stamp of the registered engineer responsible for the plan preparation;

F. Structural details of any special manholes, catch basins, and appurtenances including drop manholes, retention control manholes, outlet structures, pumping stations, diversion structures, etc. (Ord. 1273 § 2, 1994).

14.804.190 Design criteria.

A. Storm sewers and drainage facilities shall be designed for a projected life span of 30 years without excessive maintenance. All trunk sewers and collector sewers shall be designed and stamped by a civil engineer registers in the state of Washington unless otherwise approved by the director. Accepted engineering practices shall be employed in the design of all drainage facilities.

B. Storm drainage facilities shall be designed for a storm frequency of 25 years for trunk sewers and ditches serving watersheds of 20 acres or greater (primary drainage systems), and for a storm frequency of 10 years for drainage systems serving less then 20 acres (secondary drainage systems). All drainage facilities in public rights-of-way or easements shall have an outfall into an approved drainage system.

C. The minimum requirements for storm drainage facilities shall be as follows:

1. Catch basins or inlets shall be spaced a maximum of 300 feet apart along any street, alley or avenue;

2. The minimum catch basin lateral pipe size shall be six inches in diameter and the minimum storm main size shall be eight inches in diameter;

3. Manholes on trunk sewers shall have a maximum spacing of 400 feet;

4. Construction materials and methods shall be in accordance with Standards and Specifications for Municipal Public Works Construction prepared by the American Public Works Association, latest edition. (Ord. 1273 § 2, 1994).

14.804.200 Storm sewer permits required.

A. A storm sewer permit shall be obtained for the construction or alteration of all storm sewer systems, including on-site and off-site installations.

B. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the permit center for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made;

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed project or work;

3. Be accompanied by plans, diagrams, computations and specifications and other data as required in this title;

4. Be signed by the applicant, or the applicant’s authorized agent;

5. Give such other data and information as may be required by the director.

C. The application, plans, specifications, computations and other data filed by an applicant for a permit shall be reviewed by the director. Such plans may be reviewed by other departments of this jurisdiction to verify compliance with any applicable laws under their jurisdiction. If the director finds that the work described in an application for a permit and the plans, specifications, and other data filed therewith conform to the requirements of this title and other pertinent laws and ordinances, and that the fees specified in the current fee resolution have been paid, the director shall issue a permit therefor to the applicant.

When the director issues the permit where plans are required, the director shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorization from the director, and all work regulated by this title shall be in accordance with the approved plans. (Ord. 1273 § 2, 1994).

Chapter 14.805
STORM WATER AND SURFACE WATER UTILITY CODE

Sections:

14.805.010 Title.

14.805.020 Purpose.

14.805.030 Territorial application.

14.805.040 Construction – Intent.

14.805.050 Definitions.

14.805.060 Powers of the utility.

14.805.070 Comprehensive surface water management plan.

14.805.081 Policy for natural water enunciated.

14.805.085 Discharge of polluting matter in natural water prohibited.

14.805.110 Connections, extensions, modifications and alterations to the storm and surface water system – Utility review and approval.

14.805.120 System extension agreements.

14.805.130 Latecomer agreements.

14.805.140 Alternative methods and materials.

14.805.160 Consent to inspection.

14.805.170 Inspections – Right of entry.

14.805.180 Correction and discontinuance of unsafe, nonconforming or unauthorized conditions.

14.805.185 Procedure to obtain correction or discontinuance of unsafe or nonconforming conditions.

14.805.186 Emergency conditions requiring immediate action.

14.805.187 Discharge of pollutants into natural waters – Liability for expenses incurred by the utility.

14.805.190 Stop work orders.

14.805.195 System of rates.

14.805.196 Rate adjustments.

14.805.197 Rate adjustments for drainage district changes.

14.805.200 System extension charges.

14.805.205 System extension charges adjustments.

14.805.210 Permits, fees and service charges.

14.805.220 Billing and collection.

14.805.230 Maintenance and operation of private utility system.

14.805.260 Interlocal agreements.

14.805.270 Adoption of regulations and procedures.

14.805.280 Liability.

14.805.290 Violations.

14.805.010 Title.

This chapter shall be known as the storm and surface water utility code. It shall be referred to in this chapter as the “code”. (Ord. 1273 § 2, 1994).

14.805.020 Purpose.

It is the purpose of this code to:

A. Provide for the regulation and management of the storm and surface water system in the utility service area, both public and private, including the construction of new storm and surface water facilities, in order to decrease flood damage to public and private property, conserve historical drainage patterns, protect and preserve open water features, and encourage the development of land in a manner that preserves the water quality of the system, protects wildlife and aquatic habitats, fosters other beneficial uses of the system, and promotes the health, safety and welfare of the citizens of the service area;

B. Establish the authority of the utility regarding the acquisition, design, construction, maintenance, management and operation of the utility system. (Ord. 1273 § 2, 1994).

14.805.030 Territorial application.

This code and regulations adopted under this chapter shall be in effect throughout the utility service area. (Ord. 1273 § 2, 1994).

14.805.040 Construction – Intent.

This code is enacted as an exercise of the police power of the city to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

It is the purpose of this code and any regulations and procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not 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 code or any regulations or procedures adopted under this chapter.

It is the specific intent of this code and any regulations and procedures adopted under this chapter to place the obligation of complying with its requirements upon the property owner and no provision of this chapter is intended to impose any duty upon the city, the utility or any of their officers, employees or agents. Nothing contained in this code or any regulations and procedures adopted under this chapter is intended to be or shall be construed to create or form a basis for liability on the part of the city, the utility, its officers, employees or agents, for any injury or damage resulting from the failure of the property owner 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 code or any regulation or procedure adopted under this chapter by the city, the utility, its officers, employees or agents. (Ord. 1273 § 2, 1994).

14.805.050 Definitions.

The following words and phrases, when used in this chapter, shall have the following meanings:

A. “Comprehensive drainage plan” means the city of Burlington comprehensive surface water management plan, as now or hereafter amended.

B. “Director” means the director of the storm and surface water utility, or the director’s designated representative.

C. “Private system” means any element of the storm and surface water system which is not a part of the utility system as defined in this chapter.

D. “Procedure” means a procedure adopted by the utility, by and through the director, to implement a regulation or regulations adopted under this code, or to carry out other responsibilities as may be required by this code or other codes, ordinances or resolutions of the city or other agencies.

E. “Regulation” means any regulation, rule or requirement prepared by the utility and adopted by the city council pursuant to the requirements of this code.

F. “Storm and surface water system” means the entire system within the city, both public

and private, naturally existing and artificial, for the drainage, conveyance, detention and storage of storm and surface waters.

G. “Storm and surface water utility system” or “utility system” means those elements of the storm and surface water system of the city:

1. Located on property owned by the utility, or

2. Located on property on which the utility has an easement or other right of use for utility purposes.

H. “Unsafe condition” means any condition on any premises which is a hazard to health, safety and welfare or does or may impair or impede the operation or functioning of any portion of the utility system, or which may cause damage thereto.

I. “Utility” means the storm and surface water utility of the city, as now or hereafter amended.

J. “Utility service area” means that area delineated on that certain “service area map” on file with the public works department, as the same may be hereafter amended.

K. “Natural waters” means all lakes, streams, sloughs, ponds, underground waters, and all other water courses including the storm water and surface water system within the utility service area.

L. “Pollution” means the contamination or other alteration of the physical, chemical or biological properties of any natural waters of the city, including change in temperature, taste, color, turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (Ord. 1273 § 2, 1994).

14.805.060 Powers of the utility.

The utility, under the direction of its director, shall have the power to:

A. Prepare regulations as needed to implement this code, and forward the same to the city council for consideration and adoption, and adopt such procedures as are required to implement the regulations or to carry out other responsibilities of the utility;

B. Administer the acquisition, design, construction, maintenance and operation of the utility system, including capital improvements designated in the comprehensive drainage plan;

C. Administer and enforce this code and all regulations and procedures adopted hereunder relating to the design, construction, maintenance, operation and alteration of the storm water and surface water system including, but not limited to, the quantity, quality and/or velocity of the storm water and surface water conveyed thereby;

D. Inspect private systems as necessary to determine the compliance of such systems with this code and any regulations adopted under this code;

E. Advise the city council, city administrator and other city departments on matters relating to the utility;

F. Review the comprehensive surface water management plan on a regular basis and revise as needed;

G. Review plans, approve or deny, inspect and accept extensions to the system;

H. Establish and enforce regulations to protect and maintain water quality within the storm and surface water system in compliance with water quality standards established by state and/or federal agencies as now adopted or hereafter amended. The city may adopt more stringent water quality standards than those established by federal or state law by ordinance when not precluded by law from so doing;

I. Analyze the cost of services and benefits provided, and the system and structure of fees, charges, fines and other revenues of the utility on a regular basis to ensure an equitable, adequate and stable utility rate and fee structure and to achieve a stable financial position for the utility;

J. Carry out such other responsibilities as required by this code or other related city codes, ordinances and regulations. (Ord. 1273 § 2, 1994).

14.805.070 Comprehensive surface water management plan.

A comprehensive surface water management plan for the utility shall be adopted by the city council and shall be updated by the council at least every six years. (Ord. 1273 § 2, 1994).

14.805.081 Policy for natural water enunciated.

The city, in recognition of the state of Washington’s interest in the quality of natural waters of the state, some of which lie within the jurisdictional boundaries of the city, proclaims a public policy of working cooperatively with the state government in a joint effort to extinguish the sources of water quality degradation, while at the same time preserving and vigorously exercising city powers to provide that high standard of water quality within the city shall be maintained.

No part of this section is intended to or shall be construed as abrogating the authority or powers of the state of Washington. (Ord. 1273 § 2, 1994).

14.805.085 Discharge of polluting matter in natural water prohibited.

It is unlawful for any person to throw, drain, run, or otherwise discharge into any of the natural waters of the city, or to cause, permit or suffer to be thrown, drained, run, allowed to seep or otherwise discharged into such waters any organic or inorganic matter that shall cause or tend to cause pollution of such waters, as provided for in this chapter.

Pollution includes, but is not limited to the following:

A. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;

B. Trash or debris;

C. Pet wastes;

D. Chemicals;

E. Paints;

F. Steam cleaning wastes;

G. Washing of fresh concrete for cleaning and/or finishing purposes or to expose aggregates;

H. Laundry wastes;

I. Soaps;

J. Pesticides, herbicides, or fertilizers;

K. Sanitary sewage;

L. Heated water;

M. Chlorinated water or chlorine;

N. Degreasers and/or solvents;

O. Bark and other fibrous material;

P. Antifreeze or other automotive products;

Q. Lawn clippings, leaves, or branches;

R. Animal carcasses;

S. Silt;

T. Acids or alkalis;

U. Recreational vehicle wastes;

V. Dyes (without prior permission of the drainage utility);

W. Construction materials.

Additionally, washing of public or private streets and parking areas is not permitted unless no other alternative exists to remove the undesirable material and then only with prior written utility approval with requirements to clean the affected drainage pipelines or provide treatment of wash water runoff or other drainage facilities to prevent downstream pollution. (Ord. 1273 § 2, 1994).

14.805.110 Connections, extensions, modifications and alterations to the storm and surface water system – Utility review and approval.

Applications for use, connection, extension, modification or alteration to the storm and surface water system shall be reviewed by the utility to determine compliance with this code and the regulations and procedures adopted under this chapter. No permit shall be issued or approval given until the utility has determined that such application complies with this code and the regulations and procedures adopted under this chapter. (Ord. 1273 § 2, 1994).

14.805.120 System extension agreements.

The utility, through its director, is authorized to enter into agreements with private property owners for the construction of facilities which, upon completion and acceptance in writing by the utility, shall become part of the utility system. (Ord. 1273 § 2, 1994).

14.805.130 Latecomer agreements.

The utility shall have full authority, through its director, to enter into any contract authorized under chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act, including contracts which provide for the reimbursement of owners constructing facilities, commonly known as latecomer agreements. (Ord. 1273 § 2, 1994).

14.805.140 Alternative methods and materials.

The provisions of this code and regulations and procedures adopted under this chapter are not intended to prevent the use of any material or method of construction not specifically prescribed therein, provided such alternate must be approved by the director as substantially equal to the material or methods provided by the code, regulations or procedures. (Ord. 1273 § 2, 1994).

14.805.160 Consent to inspection.

As a condition of issuance of any permit or authorization which requires approval of the utility, each applicant shall be required to consent, in writing, to reasonable periodic inspection by the utility or other appropriate city agency. If the applicant refuses to consent to inspection, or prevents any such inspection from taking place, or causes or allows the prevention of any inspection, the director may forthwith order a stop work on the system, facility or project covered by the permit or authorization. (Ord. 1273 § 2, 1994).

14.805.170 Inspections – Right of entry.

The utility is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating any conditions relating to the provisions of this chapter or any regulation adopted under this chapter, provided that the utility shall first obtain from the owner or person responsible for such premises permission to enter. If entry is refused, the utility shall have recourse to every remedy provided by law to secure entry. (Ord. 1273 § 2, 1994).

14.805.180 Correction and discontinuance of unsafe, nonconforming or unauthorized conditions.

The director may order the correction of any condition on any premises which:

A. Is in violation of, or is being used contrary to, any provision of this code or regulation adopted under this chapter;

B. Is unsafe as defined in BMC 14.805.050.

The director may also order any activity causing such condition to be discontinued. (Ord. 1273 § 2, 1994).

14.805.185 Procedure to obtain correction or discontinuance of unsafe or nonconforming conditions.

Whenever the director determines to order the correction or discontinuance of any condition on any premises in accordance with BMC 14.805.180, the director shall notify the owner or other person responsible for such condition of the existence of such condition and shall direct the owner or other such responsible person to correct or discontinue the condition, as the case may be, within 10 days, or such other reasonable period as the director determines, following the giving of such notice. (Ord. 1273 § 2, 1994).

14.805.186 Emergency conditions requiring immediate action.

Notwithstanding any other provisions of this chapter, whenever it appears to the director that conditions covered by this chapter exist requiring immediate action to protect the public health or safety, the director or his/her designee is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating such emergency conditions. The director may without prior notice order the immediate discontinuance of any activity leading to the emergency condition. Failure to comply with such order shall constitute a civil violation as specified in this title. (Ord. 1273 § 2, 1994).

14.805.187 Discharge of pollutants into natural waters – Liability for expenses incurred by the utility.

Any person responsible for pollutant discharge into natural waters who fails to immediately collect, remove, contain, treat, or disperse such pollutant materials at the director’s request is responsible for the necessary expenses incurred by the city in carrying out the pollutant abatement procedures, including the collection, removal, containment, treatment or disposal of such materials. (Ord. 1273 § 2, 1994).

14.805.190 Stop work orders.

Whenever any work is being done contrary to the provisions of this code or any regulation adopted under this chapter, the director may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the director to proceed with the work. (Ord. 1273 § 2, 1994).

14.805.195 System of rates.

A. The following monthly service charges are hereby established for all developed parcels of real property within the city limits of the city of Burlington, as they now exist or as they may be hereafter amended, for the purpose of carrying on the responsibilities of the surface water management utility:

1. Undeveloped Parcels. Undeveloped parcels shall not be charged.

2. Single-Family Residential Parcels. The monthly service charge for each single-family residential parcel shall be $4.22 in calendar year 2008; $5.06 in calendar year 2009; and $6.07 in calendar year 2010. Beginning in 2011, the fee will be adjusted based upon 80 percent of the U.S. City Average Consumer Price Index. This monthly service fee shall hereafter be referred to as the “base rate.”

3. Other Developed Parcels. The monthly service charge for all other developed parcels, including publicly owned properties but excluding public streets, shall be computed by multiplying the base rate times the number of equivalent service units applicable to the parcel minus any approved rate adjustment for the parcel as determined under BMC 14.805.197. This formula is expressed mathematically as follows: Charge = Base Rate x ESUs – Rate Adjustment.

4. Minimum Charge. There shall be a minimum monthly service charge for all developed properties equal to the base rate.

B. Rate Revenue – Proceeds. All proceeds of the monthly service charge shall be placed in the surface water utility fund for the following uses: (1) the financing of capital projects included in an adopted surface water capital improvement program and identified as priority projects by the city council, (2) the funding of miscellaneous small capital projects, and (3) wages and administrative expenses for program management. (Ord. 1640 § 1, 2007; Ord. 1636 § 1, 2007; Ord. 1330 § 6, 1997; Ord. 1273 § 2, 1994).

14.805.196 Rate adjustments.

A. General. A credit against the service charge shall be available, upon application by the property owner, to all non-single-family residential properties having constructed city-approved on-site stormwater mitigation facilities which exceed city standards. Under no circumstances shall the adjusted total charge be less than the base rate. Credit eligibility shall be contingent upon meeting all of the following conditions:

1. The constructed facility is a detention, retention, and/or biofiltration system;

2. The facility is constructed and maintained to the city’s design specifications;

3. The facility is available for inspection by the city;

4. Excess capacity, if not used by the property owner, is accessible and available for other related public purposes; and

5. The credit is revocable under conditions where the facility no longer operates at the design level established during the drainage plan review/approval process.

B. Credit Calculation. The maximum amount to be credited shall be a function of (1) pre- and postdevelopment flows from the site or (2) a fixed percentage reduction. For water quantity mitigation, the formula is expressed mathematically as follows:

QR

A = F x [1 - ( _____ )]

QD

Where:

A = the credit amount to be subtracted from the monthly fee;

F = the total monthly charge without credit;

QR = design storm peak runoff rate released from the developed site with improvements in place;

QD = design storm peak runoff rate from the site in its predevelopment condition.

For qualifying water quality, the formula is expressed mathematically as follows:

A = F x 30%

Where:

A = the credit amount to be subtracted from the monthly fee;

F = the total monthly charge without credit.

C. Application Submittal. The following information must be submitted to the city engineer in order to be eligible for a service charge credit:

1. The facility is constructed pursuant to an approved drainage plan;

2. The application includes a calculation of the credit amount based on site-specific data and credit calculation formula;

3. The application is filed under the signature of the person responsible for the accuracy of the credit application material. (Ord. 1330 § 7, 1997).

14.805.197 Rate adjustments for drainage district charges.

A. General. A credit against the service charge shall be available, upon application by the property owner, to certain properties served by a Skagit County drainage district. Under no circumstances shall the credit be greater than the total monthly charge without credit. Credit eligibility shall be contingent upon meeting all of the following conditions:

1. The property drains to a Skagit County drainage district system;

2. There are no city facilities in place which manage or divert the property’s surface water runoff; and

3. The Skagit County drainage district charges the property owner a maintenance fee for district service, as stipulated in Administrative Rule #94-3.

B. Credit Calculation. The credit calculation is expressed mathematically as follows:

A = D

Where:

A = the credit amount to be subtracted from the monthly fee;

D = the Skagit County drainage district maintenance fee, expressed as a monthly amount, or the total monthly charge without credit, whichever is less.

C. Application Submittal. The following information must be submitted to the city engineer in order to be eligible for the service charge credit:

1. The current Skagit County drainage district billing/assessment statement for the affected property;

2. Calculation of the credit amount based on credit calculation formula;

3. Signature of the person responsible for the accuracy of the credit application material. (Ord. 1330 § 8, 1997).

14.805.200 System extension charges.

A. The surface water system extension charge for property owners seeking to develop real property within the city limits of the city of Burlington shall be:

1. Single-Family Residential Parcels. The system extension charge for each single-family residential parcel shall be $367.20 in calendar year 2008; $440.64 in calendar year 2009; and $528.77 in calendar year 2010. Beginning in 2011, the fee will be adjusted based upon 80 percent of the U.S. City Average Consumer Price Index. This monthly service fee shall hereafter be referred to as the “base charge.”

2. Other Parcels. The system extension charge for all other parcels, including publicly-owned properties but excluding public streets, shall be computed by multiplying the base charge times the number of equivalent service units applicable to the parcel upon development. This formula is expressed mathematically as follows: System Extension Charge = Base Charge x ESUs.

3. Minimum Charge. There shall be a minimum extension charge for all developing properties equal to the base charge.

B. System Extension Charge – Proceeds. All proceeds of the surface water system extension charge shall be placed in the surface water capital improvement fund for the following uses: construction of surface water expansion made necessary by system growth, debt service for indebtedness resulting from construction of surface water expansion made necessary by system growth, and the repair, replacement, and maintenance of existing surface water facilities. (Ord. 1640 § 2, 2007; Ord. 1330 § 9, 1997; Ord. 1273 § 2, 1994).

14.805.205 System extension charges adjustments.

A. General. A credit against the service charge shall be available, upon application by the property owner, to certain properties served by a Skagit County drainage district. Under no circumstances shall the credit be greater than the total system extension charge without credit. Credit eligibility shall be contingent upon meeting all of the following conditions:

1. The property drains to a Skagit County drainage district system;

2. There are no city facilities either in place or in an adopted capital improvement plan which manage or divert the property’s surface water runoff; and

3. The Skagit County drainage district charges the property owner a capital improvement fee upon development.

B. Credit Calculation. The credit calculation is expressed mathematically as follows:

A = D

Where:

A = the credit amount to be subtracted from the system extension fee;

D = the Skagit County drainage district improvement fee or the total system extension charge without credit, whichever is less.

C. Application Submittal. The following information must be submitted to the city engineer in order to be eligible for the system extension charge credit:

1. The Skagit County drainage district improvement fee receipt for the affected property;

2. Calculation of the credit amount based on credit calculation formula;

3. Signature of the person responsible for the accuracy of the credit application material. (Ord. 1330 § 10, 1997).

14.805.210 Permits, fees and service charges.

The city council may establish by ordinance or regulation fees and charges to be charged as a condition of issuance of any permit or authorization requiring approval of the utility or in responding to a request for services to be provided by the utility. Periodic adjustments to specific fees and charges established pursuant to this section may be adopted by the city council or by the director on behalf of the city council as specified in regulations adopted under this chapter. (Ord. 1273 § 2, 1994).

14.805.220 Billing and collection.

The utility, jointly with the finance department, may establish procedures pertaining to the billing and collection of service charges and other fees imposed by the utility. (Ord. 1273 § 2, 1994).

14.805.230 Maintenance and operation of private utility system.

The responsibility of the utility shall be limited to maintenance and operation of the utility system, and the utility assumes no responsibility for maintenance and operation of private systems. All private systems shall be maintained by the owner or operator thereof in a safe and proper operating condition, and in compliance with all applicable requirements of this code and regulations and procedures adopted under this chapter. (Ord. 1273 § 2, 1994).

14.805.260 Interlocal agreements.

The utility, with the approval of the city council, is authorized to enter into agreements with other local, state or federal jurisdictions in order to carry out the purposes of this code or regulations adopted under this chapter. (Ord. 1273 § 2, 1994).

14.805.270 Adoption of regulations and procedures.

The utility shall prepare and forward to the council, with its recommendation, such proposed regulations as it determines to be necessary to implement and enforce the provisions of this code. The council shall adopt, by ordinance, such regulations, and with such modifications, if any, as it determines appropriate.

The utility may adopt procedures for the purpose of implementing regulations under this code. Such procedures shall not require approval by the council.

All regulations and procedures adopted pursuant to this section shall conform with the requirements or rules and regulations of local, state and federal agencies having jurisdiction within the utility service area over the opera-

tion and development of the utility system. (Ord. 1273 § 2, 1994).

14.805.280 Liability.

The director and any other employee charged with enforcement of this code, acting for the utility in good faith and without malice in the discharge of his/her duties shall not thereby render himself/herself liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. (Ord. 1273 § 2, 1994).

14.805.290 Violations.

Any violation of any provision of this chapter is a civil violation as provided in this title for which monetary penalties may be imposed. (Ord. 1273 § 2, 1994).

Chapter 14.806
ADMINISTRATION AND ENFORCEMENT

Sections:

14.806.010 Exceptions to requirements.

14.806.020 Liability and defenses of responsible parties.

14.806.030 Enforcement actions.

14.806.040 Enforcement of notice of violation.

14.806.050 Voluntary compliance agreement.

14.806.060 Penalties and damages.

14.806.070 Collection of costs and penalties.

14.806.080 Public nuisance.

14.806.090 Violation.

14.806.100 Additional relief.

14.806.110 Suspension or revocation.

14.806.120 Fees.

14.806.130 Financial assurance and covenants.

14.806.140 Severability.

14.806.150 Date of initial enforcement.

14.806.010 Exceptions to requirements.

A. General. Requests for exceptions to the requirements of this title shall be made according to this section. Exceptions shall include alternative requirements, waivers, reductions, or modifications of the requirements. An exception shall only be granted to the extent necessary to meet the criteria set forth in this section. An applicant is not entitled to an exception, whether or not the criteria allowing approval of an exception are met. The director may require an applicant to submit an engineer’s report or analysis with a request for an exception. When an exception is granted, the director may impose new or additional requirements to offset or mitigate harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted.

B. Equally Protective Exceptions. The director may approve a request for an exception if the director determines that it is likely to be equally protective of public health, safety and welfare, the environment, and public and private property as the requirement from which an exception is sought.

C. Other Exceptions. The director may approve a request exception even if it is not equally protective of public health, safety and welfare, the environment, and public and private property, or if the director cannot determine whether it is equally protective, if the director determines that substantial reasons exist for approving the requested exception. Substantial reasons may include, but are not limited to:

1. The requirement is not technically feasible;

2. An emergency situation necessitates approval of the exception;

3. No reasonable use of the property is possible unless the exception is approved;

4. The requirement would cause harm or a significant threat of harm to public health, safety and welfare, the environment, or public and private property or would cause extreme financial hardship, which outweighs its benefits, and the requested exception would not cause significant harm.

D. Public Notice. Public notice of an application for an exception under the criteria set forth in subsection (C)(3) and (4), and of the director’s decision on the application shall be provided in the manner prescribed for Type II land use decisions, as set forth in chapter 17.68 BMC. (Ord. 1273 § 2, 1994).

14.806.020 Liability and defenses of responsible parties.

A. Who Must Comply. It is the specific intent of this title to place the obligation of complying with its requirements upon the reasonable parties as defined in BMC 14.801.190. The city of Burlington and its agencies are intended to have the same obligation for compliance when the city is a responsible party. No provision of this title is intended to impose any other duty upon the city or any of its officers or employees.

B. Joint and Several Liability. Each responsible party is jointly and severally liable for a violation of this title. The director may take enforcement action, in whole or in part, against any responsible party. All applicable civil penalties may be imposed against each responsible party. In the event enforcement action is taken against more than one responsible party, recoverable damages, cost, and expenses may be allocated among the responsible parties by the court based upon the extent to which each responsible party’s acts or omissions caused the violation, unless this factor cannot be determined, or the party receiving the allocation under this factor is unable to correct the violation, or is unable to pay the damages, costs, expenses, and any penalty imposed, in which case the trier of fact shall consider:

1. Awareness of the violation;

2. Ability to correct the violation;

3. Ability to pay the damages, costs, and expenses;

4. Cooperation with government agencies;

5. Degree to which any impact or threatened impact on water or sediment quality, human health, or the environment is related to acts or omissions by each responsible party;

6. Degree to which the responsible parties made good faith efforts to avoid a violation or to mitigate its consequences; and

7. Other equitable factors.

C. Defenses. A responsible party shall not be liable under this title when the responsible party carries the burden of proving, by a preponderance of the evidence, one of the following defenses:

1. The violation was caused solely by an act of God;

2. The violation was caused solely by another responsible party over whom the defending responsible party had no authority or control and the defending responsible party could not have reasonably prevented the violation;

3. The violation was caused solely by a prior owner or occupant when the defending responsible party took possession of the property without knowledge of the violation, after using reasonable efforts to identify violations. However, the defending responsible party shall be liable for all continuing, recurrent, or new violations after becoming the owner or occupant;

4. The responsible party implemented and maintained all appropriate best management practices identified in rules promulgated by the director, or in manuals published by the State Department of Ecology until superseded by rules of the director. (Ord. 1273 § 2, 1994).

14.806.030 Enforcement actions.

A. Investigation. The director may investigate any site where there is reason to believe that there may be a failure to comply with the requirements of this title.

B. Notice of Violation.

1. Issuance. Whenever the director determines that a violation of this title has occurred or is occurring, the director is authorized to issue a notice of violation to the property owner or other responsible party. The notice of violation shall be considered an order of the director.

2. Contents. The notice of violation shall include the following information:

a. A description of the violation and the action necessary to correct it;

b. The date of the notice; and

c. A deadline by which the action necessary to correct the violation must be completed.

A notice of violation may be amended at any time to correct clerical errors and to add citations of authority.

3. Service. The director shall serve the notice upon the responsible party either by personal service or by certified mail, return receipt requested, sent to the party’s last known address and, where possible, by posting a copy on the site. Service by certified mail shall be effective on the date of mailing. If the whereabouts of the responsible party is unknown and cannot be ascertained in the exercise of reasonable diligence, and the director makes an affidavit to that effect then service may be accomplished by publishing the notice once each week for two consecutive weeks in the city official newspaper.

C. Alternatives to Notice of Violation.

1. Stop Work Order. In lieu of issuing a notice of violation, the director may order work on a site stopped when the director determines it is necessary to do so in order to obtain compliance with or to correct a violation of any provision of this title or rules promulgated hereunder or to correct a violation of a permit or approval granted under this title. The stop work notice shall contain the following information:

a. A description of the violation; and

b. An order that the work be stopped until corrective action has been completed and approved by the director.

The stop work order shall be posted conspicuously on the premises or personally served on the property owner or other person known to be responsible for the work. It is unlawful for any work to be done after posting or service of a stop work order, except work necessary to conduct the required corrective action, until authorization to proceed is given by the director. It is unlawful for any person to remove, obscure or mutilate a posted stop work order.

2. Emergencies. The director is authorized to enter any property when it reasonably appears that a condition associated with grading, drainage, erosion control or a drainage control facility creates a substantial and present or imminent danger to the public health, safety or welfare, the environment, or public or private property. The director may enter property without permission or an administrative warrant in the case of an extreme emergency placing human life, property or the environment in the immediate and substantial jeopardy which requires corrective action before either permission or an administrative warrant can be obtained.

The director may order the responsible party to take corrective action and set a schedule for compliance. The director may require immediate compliance with an order to correct. Any emergency which is not corrected as ordered by the director is a public nuisance which the director is authorized to abate summarily. The costs of abatement shall be collected as set forth in BMC 14.806.080.

D. Filing Notice or Order. A notice of violation voluntary compliance agreement or an order issued by a director, or municipal judge, may be filed with the Skagit County auditor.

E. Change of Ownership. When a notice of violation, voluntary compliance agreement or an order issued by a director, or municipal judge has been filed with Skagit County auditor, a notice of violation or an order regarding the same violations need not be served upon a new owner of the property where the violation occurred. If no notice of violation or order is served upon the new owner, the director may grant the new owner the same number of days to comply as was given the previous owner. The compliance period for the new owner shall begin on the date that the conveyance of title to the new owner is completed. (Ord. 1273 § 2, 1994).

14.806.040 Enforcement of notice of violation.

A. Municipal Court. The director may choose to enforce a notice of violation through:

1. Referral to the city attorney’s office for action in the appropriate court according to that court’s normal rules and procedures. (Ord. 1273 § 2, 1994).

14.806.050 Voluntary compliance agreement.

A. Initiation. Either a responsible party or the director may initiate negotiations for a voluntary compliance agreement at any time. The director has no obligation to enter into any voluntary compliance agreement.

B. Contents. A voluntary compliance agreement shall set forth actions to be taken by the responsible party that will correct past or existing violations of this title. It may also set forth actions to mitigate the impacts of violations. The voluntary compliance agreement shall set forth a schedule for completion of the corrective and mitigating actions. It shall contain a provision allowing the director to inspect the premises to determine compliance with the agreement.

C. Effect of Agreement. A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by any other party. All voluntary compliance agreements shall provide that the responsible party agrees the city may perform the actions set forth in the agreement if the responsible party fails to do so according to the terms and schedule of the agreement, and the responsible party will pay the costs, expenses and damages the city incurs in performing the actions, as set forth in BMC 14.806.080 regarding abatements. By entering into a voluntary compliance agreement, a responsible party waives the right to an administrative appeal of the violation.

Penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary compliance agreement. If the responsible party fails to perform according to the terms and schedule of the voluntary compliance agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.

D. Modification. The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the responsible party and the director if circumstances or conditions outside the responsible party’s control, or unknown at the time the agreement was made, or other just cause necessitate such modifications. (Ord. 1273 § 2, 1994).

14.806.060 Penalties and damages.

A. Commencement of Penalties. The judge hearing matters under this title shall have the following options in assessing monetary penalties:

1. Assess monetary penalties beginning on the date the notice of violation was issued and thereafter; or

2. Assess monetary penalties beginning on the correct deadline set by the director or an alternative deadline for corrective action set by the judge or hearing examiner, and thereafter; or

3. Assess no monetary penalties; or

4. When it appears likely the responsible party will perform the required corrective action, suspend assessment of the penalty conditioned upon completion of the corrective action by the ordered deadline.

B. Schedule of Penalties.

1. Basic Penalty. Each day or portion thereof during which a violation of this title exists is a separate violation of this title. The cumulative monetary penalty for each violation of this title shall be as follows:

a. The penalty for the first day a violation exists is $100.00;

b. The penalty for the second day a violation exists is $200.00;

c. The penalty for the third day a violation exists is $300.00;

d. The penalty for the fourth day a violation exists is $400.00;

e. The penalty for each day a violation exists beyond four days is $500.00.

Schedule of Penalties per Violation

Fine for Cumulative

Day that day Total

1 $100 $100

2 $200 $300

3 $300 $600