TITLE 22
STORMWATER UTILITY

Chapters:

22.01 Stormwater Management Regulations and Requirements

22.02 Stormwater Facilities

22.03 Stormwater Management Utility

22.04 Stormwater Management Billing Policy and Collection

Chapter 22.01
Stormwater Management Regulations and Requirements

Sections:

22.01.010 Findings of fact.

22.01.020 Need.

22.01.030 Purpose.

22.01.040 Definitions.

22.01.050 General provisions.

22.01.060 Applicability.

22.01.070 Regulated activities.

22.01.080 Exemptions.

22.01.090 General requirements.

22.01.100 Approval standards--Small parcel minimum requirements.

22.01.110 Small Parcel Requirement #1--Construction access route.

22.01.120 Small Parcel Requirement #2--Stabilization of denuded areas--Soil stabilization.

22.01.130 Small Parcel Requirement #3--Protection of adjacent properties.

22.01.140 Small Parcel Requirement #4--Maintenance.

22.01.150 Small Parcel Requirement #5--Other BMPs.

22.01.160 Large development minimum requirements--New development.

22.01.170 Large development minimum requirements--Redevelopment.

22.01.180 Minimum Requirement #1--Erosion and sediment control.

22.01.190 Minimum Requirement #2--Preservation of natural drainage systems.

22.01.200 Minimum Requirement #3--Source control of pollution.

22.01.210 Minimum Requirement #4--Runoff treatment BMPs.

22.01.220 Minimum Requirement #5--Streambank erosion control.

22.01.230 Minimum Requirement #6--Wetlands.

22.01.240 Minimum Requirement #7--Water quality sensitive areas.

22.01.250 Minimum Requirement #8--Off-site analysis and mitigation.

22.01.260 Minimum Requirement #9--Basin planning.

22.01.270 Minimum Requirement #10--Operation and maintenance.

22.01.280 Minimum Requirement #11--Financial liability.

22.01.290 Exceptions.

22.01.300 Maintenance agreement.

22.01.310 Maintenance responsibility.

22.01.320 Director.

22.01.330 Review and approval.

22.01.340 Inspection.

22.01.350 Fees.

22.01.360 Enforcement.

22.01.370 Stop work order.

22.01.380 Civil penalty.

22.01.390 Exceptions.

22.01.010 Findings of fact.

  The City of DuPont finds that:

(a) Stormwater pollution is a problem associated with land utilization, development, redevelopment and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes and numerous others.

Land utilization, development and redevelopment is also known to increase both the volume and duration of peak flows.  The resulting erosion, scouring, and deposition of sediment affect the ecological balance.

Sedimentation and stormwater pollution cause diversity of species to decrease and allows more tolerant (and usually less desirable) species to remain.

(b) Development and redevelopment of land may have led to:

(1) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds, drainage, storm and surface water runoff problems within the City; and

(2) Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.

(c) Continuation of present stormwater management practices, to the extent that they exist, will lead to further water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the City.

(d) In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls.

(e) Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).

(f) Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.  (Ord. 514 § 1.01, June 13th, 1995).

22.01.020 Need.

  The City Council finds that this chapter is necessary in order to:

(a) Minimize or eliminate water quality degradation;

(b) Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies;

(c) Protect property owners adjacent to existing and developing lands from increased runoff rates which could cause erosion of abutting property;

(d) Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses;

(e) Preserve and enhance the aesthetic quality of the water;

(f) Promote sound development policies which respect and preserve City surface water, groundwater and sediment;

(g) Enhance the safety of City roads and rights-of-way;

(h) Decrease stormwater-related damage to public and private property from existing and future runoff;

(i) Protect the health, safety and welfare of the inhabitants of the City.  (Ord. 514 § 1.02, June 13th, 1995).

22.01.030 Purpose.

(a) The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the City.  The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the City.

(b) It is the purpose of this chapter to:

(1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;

(2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;

(3) Maintain and protect groundwater resources;

(4) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;

(5) Decrease potential landslide, flood and erosion damage to public and private property;

(6) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrologic conditions;

(7) Maintain and protect the City stormwater management infrastructure and those downstream;

(8) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety; and

(9) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural quality of lands, wetlands and water bodies.  (Ord. 514 § 1.03, June 13th, 1995).

22.01.040 Definitions.

  For the purposes of this chapter, the following definitions shall apply:

(1) “American Public Works Association” or “APWA” means the adopted edition of the Washington State chapter of the American Public Works Association.

(2) “Approval” means the proposed work or completed work conforms to this chapter in the opinion of the City Administrator.

(3) “As-graded” means the extent of surface conditions on completion of grading.

(4) “Basin plan” means a plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins.

(5) “Bedrock” means the more or less solid rock in place either on or beneath the surface of the earth.  It may be soft, medium, or hard and have a smooth or irregular surface.

(6) “Bench” means a relatively level step excavated into earth material on which fill is to be placed.

(7) “Best Management Practice” or “BMP” means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water.  BMPs are listed and described in the Manual.

(8) “Civil engineer” means a professional engineer licensed in the State of Washington in civil engineering.

(9) “Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works for the beneficial uses of mankind.

(10) “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

(11) “Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade.  An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or State soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

(12) “Compaction” means densification of a fill by mechanical means.

(13) “Critical areas” means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, including unstable slopes, and associated areas and ecosystems.

(14) “Design storm” means a prescribed hyetograph and total precipitation amount (for a specific duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or concern for the purposes of analyzing existing drainage, designing new drainage facilities or assessing other impacts of a proposed project on the flow of surface water.  (A hyetograph is a graph of percentages of total precipitation for a series of time steps representing the total time during which the precipitation occurs.)

(15) “Detention” means the release of stormwater runoff from the site at a slower rate than it is collected by the stormwater facility system, the difference being held in temporary storage.

(16) “Detention facility” means an above or below ground facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system.  There is little or no infiltration of stored stormwater.

(17) “Drainage basin” means a geographic and hydrologic subunit of a watershed.

(18) “Earth material” means any rock, natural soil or fill and/or any combination thereof.

(19) “Ecology” means the Washington State Department of Ecology.

(20) “Engineering geologist” means a geologist experienced and knowledgeable in engineering geology.

(21) “Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

(22) “Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep.  Detachment and movement of soil rock fragments by water, wind, ice, or gravity.

(23) “Excavation” means the mechanical removal of earth material.

(24) “Existing site conditions” means:

(A) For developed sites with stormwater facilities that have been constructed to meet the standards in the Minimum Requirements of this chapter, existing site conditions shall mean the existing conditions on the site.

(B) For developed sites that do not have stormwater facilities that meet the Minimum Requirements, existing site conditions shall mean the conditions that existed prior to local government adoption of a stormwater management program.  If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means.

(C) For all sites in water quality sensitive areas as identified under Minimum Requirement #7, Water Quality Sensitive Areas, existing site conditions shall mean undisturbed forest, for the purpose of calculating runoff characteristics.

(D) For all undeveloped sites outside of water quality sensitive areas, existing site conditions shall mean the existing conditions on the site.

(25) “Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

(26) “Fill” means a deposit of earth material placed by artificial means.

(27) “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:

(A) Road and trail construction;

(B) Harvesting, final and intermediate;

(C) Precommercial thinning;

(D) Reforestation;

(E) Fertilization;

(F) Prevention and suppression of diseases and insects;

(G) Salvage of trees;

(H) Brush control.

(28) “Frequently flooded areas” means the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.

(29) “Geologically hazardous areas” means areas that because of their susceptibility to erosion, sliding, earthquake or other geological events, are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns.

(30) “Grade” means the slope of a road, channel, or natural ground.  The finished surface of a canal bed, roadbed, top of embankment, or bottom of excavation; any surface prepared for the support of construction such as paving or the laying of a conduit.

(A) Existing Grade.  The grade prior to grading.

(B) Rough Grade.  The stage at which the grade approximately conforms to the approved plan.

(C) Finish Grade.  The final grade of the site which conforms to the approved plan.

(31) To “grade” means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.

(32) “Gradient terrace” means an earth embankment or a ridge-and-channel constructed with suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff and conducting it to a stable outlet at a stable nonerosive velocity.

(33) “Groundwater” means water in a saturated zone or stratum beneath the surface of land or a surface water body.

(34) “Hydroperiod” means the seasonal occurrence of flooding and/or soil saturation; it encompasses depth, frequency, duration, and seasonal pattern of inundation.

(35) “Illicit discharge” means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of State water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.

(36) “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development.  Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.  Open, uncovered retention/detention facilities shall not be considered as impervious surfaces.

(37) “Interflow” means that portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepts by a stream channel or until it returns to the surface, for example, in a wetland, spring or seep.

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

(39) “Large Parcel Erosion and Sediment Control Plan” or “Large Parcel ESC Plan” means a plan to implement BMPs to control pollution generated during land disturbing activity.  Guidance for preparing a Large Parcel ESC Plan is contained in the Stormwater Management Manual.

(40) “Mitigation” means, in the following order of preference:

(A) Avoid the impact altogether by not taking a certain action or part of an action;

(B) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(C) Rectifying the impact by repairing, rehabilitating or restoring the affected environment;

(D) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and

(E) Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.

(41) “Natural location” means the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

(42) “New development” means the following activities:  land disturbing activities, structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; Class IV general forest practices that are conversions from timber land to other uses; and subdivision and short subdivision of land as defined in RCW 58.17.020.  All other forest practices and commercial agriculture are not considered new development.

(43) “Permanent Stormwater Quality Control (PSQC) Plan” means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed.  For small sites, this requirement is met by implementing a Small Parcel Erosion and Sediment Control Plan.  Guidance on preparing a PSQC Plan is contained in the Manual.

(44) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the State, or local government unit, however designated.

(45) “Pollution” means contamination or other alteration of the physical, chemical or biological properties of waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State as will or is likely to crease 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.

(46) “Redevelopment” means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.

(47) “Regional retention/detention system” means a stormwater quantity control structure designed to correct existing excess surface water runoff problems of a basin or sub-basin.  The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems.  This term is also used when a detection facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment.

(48) “Retention/detention facility (R/D)” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater management system.

(49) “Site” means the portion of a piece of property which is directly subject to development.

(50) “Slope” means the degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees.  Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1.  A 2:1 slope is a 50 percent slope.  Expressed in degrees, the slope is the angle from the horizontal plane, with a 90× slope being vertical (maximum) and 45× being a 1:1 or 100 percent slope.

(51) “Small Parcel Erosion and Sediment Control Plan” or “Small Parcel ESC Plan” means a plan for small sites to implement temporary BMPs to control pollution generated during the construction phase only, primarily erosion and sediment.  Guidance for preparing a Small Parcel ESC Plan is contained in the Manual.

(52) “Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

(53) “Source Control BMP” means a BMP that is intended to prevent pollutants from entering stormwater.  A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.

(54) “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

(55) “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

(56) “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions.  Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins and modular pavement.  The Manual contains BMPs to prevent or reduce pollution.

(57) “Stormwater Management Manual” or “Manual” means the 1992 edition of the State of Washington, Department of Ecology’s “Stormwater Management Manual for the Puget Sound Basin” and all amendments and additions thereto.  The Manual contains BMPs to prevent or reduce pollution.

(58) “Stormwater Site Plan” means a plan which includes an Erosion and Sediment Control (ESC) Plan and/or a Permanent Stormwater Quality Control Plan (PSQCP).  For small sites, this plan is the equivalent of a Small Parcel Erosion and Sediment Control Plan.  Guidance on preparing a Stormwater Site Plan is contained in the Manual.

(59) “Toe of slope” means a point or line of slope in an excavation or cut where the lower surface changes to horizontal or meets the existing ground slope.

(60) “Top of slope” means a point or line on the upper surface of a slope where it changes to horizontal or meets the original surface.

(61) “Treatment BMP” means a BMP that is intended to remove pollutants from stormwater.  A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales and constructed wetlands.

(62) “Unstable slopes” means those sloping areas of land which have in the past exhibited, are currently exhibiting, or will likely in the future exhibit, mass movement of earth.

(63) “Water body” means surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.

(64) “Watershed” means a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC.

(65) “Wetlands” means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.  Wetlands generally include swamps, marshes, bogs, and similar areas.  This includes wetlands created, restored or enhanced as part of a mitigation procedure.  This does not include constructed wetlands or the following surface waters of the State intentionally constructed from sites that are not wetlands:  Irrigation and drainage ditches, grass- lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities.

(66) “Vegetation” means all organic plant life growing on the surface of the earth.  (Ord. 514 § 2, June 13th, 1995).

22.01.050 General provisions.

(a) It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions.  However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

(b) The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.  (Ord. 514 § 3, June 13th, 1995).

22.01.060 Applicability.

(a) When any provision of any other chapter of the City conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.  Prior to fulfilling the requirements of this chapter, the City shall not grant any approval or permission to conduct a regulated activity including but not limited to the following:  building permit; grading and clearing permit; right-of-way permit; shoreline substantial development permit; subdivision; short subdivision.

(b) Regulated activities shall be conducted only after the City approves a Stormwater Site Plan which includes one or more of the following as required by this chapter:

(1) Small Parcel Erosion and Sediment Control Plan;

(2) Large Parcel Erosion and Sediment Control Plan;

(3) Permanent Stormwater Quality Control (PSQC) Plan.  (Ord. 514 § 4, June 13th, 1995).

22.01.070 Regulated activities.

  Consistent with the Minimum Requirements contained in this chapter, the City shall approve or disapprove the following activities, unless exempted in section 22.01.080:

(a) New Development.

(1) Land disturbing activities;

(2) Structural development, including construction; installation or expansion of a building or other structure;

(3) Creation of impervious surfaces;

(4) Subdivision, short subdivision and binding site plans, as defined in RCW 58.17.020.

(b) Redevelopment.

(1) On an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, land disturbing activity, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structural or impervious redevelopment.  (Ord. 514 § 5.01, June 13th, 1995).

22.01.080 Exemptions.

  Development undertaken by the Washington State Department of Transportation in State highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.  (Ord. 514 § 5.02, June 13th, 1995).

22.01.090 General requirements.

(a) The latest edition of State of Washington, Department of Ecology’s Stormwater Management Manual is hereby adopted by reference and is hereinafter referred to as the Manual.

(b) General.  BMPs (Best Management Practices) shall be used to control pollution from stormwater.  BMPs shall be used to comply with the standards in this chapter.  BMPs are in the Manual.

(c) Illicit discharges to stormwater drainage systems are prohibited.  (Ord. 514 § 6, June 13th, 1995).

22.01.100 Approval standards--Small parcel minimum requirements.

(a) The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with Small Parcel Requirements #1 through 5 below:

(1) Individual, detached, single-family residences and duplexes;

(2) Creation or addition of less than 5,000 square feet of impervious surface area;

(3) Land disturbing activities of less than 1 acre.

(b) Compliance shall be demonstrated through the implementation of an approved Small Parcel Erosion and Sediment Control Plan.  (Ord. 514 § 7.01, June 13th, 1995).

22.01.110 Small Parcel Requirement #1--Construction access route.

  Construction vehicle access shall be, whenever possible, limited to one route.  Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.  (Ord. 514 § 7.01.1, June 13th, 1995).

22.01.120 Small Parcel Requirement #2--Stabilization of denuded areas--Soil stabilization.

  All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved.  From October 1st through April 30th, no soils shall remain exposed for more than 2 days.  From May 1st through September 30th, no soils shall remain exposed for more than 7 days.  (Ord. 514 § 7.01.2, June 13th, 1995).

22.01.130 Small Parcel Requirement #3--Protection of adjacent properties.

  Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.  (Ord. 514 § 7.01.3, June 13th, 1995).

22.01.140 Small Parcel Requirement #4--Maintenance.

  All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function, in accordance with sections 22.01.300 and 22.01.310.  (Ord.  514 § 7.01.4, June 13th, 1995).

22.01.150 Small Parcel Requirement #5--Other BMPs.

  As required by the City, other appropriate BMPs to mitigate the effects of increased runoff shall be applied.  (Ord. 514 § 7.01.5, June 13th, 1995).

22.01.160 Large development minimum requirements--New development.

(a) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of one acre or greater, shall comply with Minimum Requirements #1 through #11 in sections 22.01.180 through 22.01.280.

Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan consisting of a Large Parcel ESC Plan and a PSQC Plan, as appropriate.

(b) All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and land disturbing activity of less than one acre, shall comply with Minimum Requirements #2 through #11 in sections 22.10.190 through 22.01.280 and the Small Parcel Minimum Requirements found in sections 22.01.100 through 22.01.150.

Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan that includes a Small Parcel Erosion and Sediment Control Plan and a PSQC Plan.

(c) This section does not apply to the construction of individual, detached, single-family residences and duplexes.  Those types of new development are included in the Small Parcel Minimum Requirements.  (Ord. 514 § 7.02.1, June 13th, 1995).

22.01.170 Large development minimum requirements--Redevelopment.

(a) Where redevelopment of greater than or equal to 5,000 square feet occurs:  New development minimum requirements #1 through #11 in sections 22.01.180 through 22.01.280 shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.

(b) In addition to the above requirements, where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable, for the entire site, including adjoining parcels if they are part of the project.  An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop redevelopment requirements that are tailored to a specific basin:

(1) Existing sites greater than 1 acre in size with 50% or more impervious surface.

(2) Sites that discharge to a receiving water that has a documented water quality problem.  Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies:

(a) Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;

(b) Listed under section 303(d) of the Clean Water Act as not expected to meet water quality standards or water quality goals;

(c) Listed in Washington State’s Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution, cannot reasonably be expected to attain or maintain water quality standards.

(3) Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Chapter 400-12 WAC, or through Growth Management Act planning.  (Ord. 514 § 7.02.2, June 13th, 1995).

22.01.180 Minimum Requirement #1--Erosion and sediment control.

(a) All new development and redevelopment that includes land disturbing activities of greater than 1 acre shall comply with Erosion and Sediment Control Requirements #1 through 15, below.  Compliance with the Erosion and Sediment Control Requirements shall be demonstrated through implementation of an approved Large Parcel Erosion and Sediment Control Plan.

(b) All new development and redevelopment that includes land disturbing activities of less than 1 acre shall comply with the Small Parcel minimum requirements found in sections 22.01.100 through 22.01.150.  Compliance with the Small Parcel Requirements shall be demonstrated through implementation of a Small Parcel Erosion and Sediment Control Plan.

(c) The following Erosion and Sediment Control Requirements shall be met:

(1) Erosion and Sediment Control Requirement #1:  Stabilization and Sediment Trapping.  All exposed and unworked soils shall be stabilized by suitable application of BMPs.  From October 1st to April 30th, no soils shall remain unstabilized for more than 2 days.  From May 1st to September 30th, no soils shall remain unstabilized for more than 2 days.  Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.

(2) Erosion and Sediment Control Requirement #2:  Delineate Clearing and Easement Limits.  In the field, mark clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses.

(3) Erosion and Sediment Control Requirement #3:  Protection of Adjacent Properties.  Properties adjacent to the project site shall be protected from sediment deposition.

(4) Erosion and Sediment Control Requirement #4:  Timing and Stabilization of Sediment Trapping Measures.  Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading.  These BMPs shall be functional before land disturbing activities take place.  Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in Erosion and Sediment Control Requirement #1.

(5) Erosion and Sediment Control Requirement #5:  Cut and Fill Slopes.  Cut and fill slopes shall be designated and constructed in a manner that will minimize erosion.  In addition, slopes shall be stabilized in accordance with Erosion and Sediment Control Requirement #1.

(6) Erosion and Sediment Control Requirement #6:  Controlling Off-Site Erosion.  Properties and waterways downstream from development site shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site.

(7) Erosion and Sediment Control Requirement #7:  Stabilization of Temporary Conveyance Channels and Outlets.  All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition.  Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

(8) Erosion and Sediment Control Requirement #8:  Storm Drain Inlet Protection.  All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.

(9) Erosion and Sediment Control Requirement #9:  Underground Utility Construction.  The construction of underground utility lines shall be subject to the following criteria:

(A) Where feasible, no more than 200 feet of trench shall be opened at one time.

(B) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.

(C) Trench dewatering devices shall discharge into a sediment trap or sediment pond.

(10) Erosion and Sediment Control Requirement #10:  Construction Access Routes.  Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road.  If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day.  Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area.  Street washing shall be allowed only after sediment is removed in this manner.

(11) Erosion and Sediment Control Requirement #11:  Removal of Temporary BMPs.  All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed.  Trapped sediment shall be removed or stabilized on-site.  Disturbed soil areas resulting from removal shall be permanently stabilized.

(12) Erosion and Sediment Control Requirement #12:  Dewatering Construction Sites.  Dewatering devices shall discharge into a sediment trap or sediment pond.

(13) Erosion and Sediment Control Requirement #13:  Control of Pollutants Other Than Sediment on Construction Sites.  All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater.

(14) Erosion and Sediment Control Requirement #14:  Maintenance.  All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function.  All maintenance and repair shall be conducted in accordance with an approved manual.

(15) Erosion and Sediment Control Requirement #15:  Financial Liability.  Performance bonding, or other appropriate financial instruments, shall be required for all projects to ensure compliance with the approved erosion and sediment control plan.  (Ord. 514 § 7.02.3, June 13th, 1995).

22.01.190 Minimum Requirement #2--Preservation of natural drainage systems.

  Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable.  (Ord. 514 § 7.02.4, June 13th, 1995).

22.01.200 Minimum Requirement #3--Source control of pollution.

(a) Source control BMPs shall be applied to all projects to the maximum extent practicable.  Source control BMPs shall be selected, designed, and maintained according to an approved manual.

(b) An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop source control requirements that are tailored to a specific basin, however, in all circumstances, source control BMPs shall be required for all sites.  (Ord. 514 § 7.02.5, June 13th, 1995).

22.01.210 Minimum Requirement #4--Runoff treatment BMPs.

(a) All projects shall provide treatment of stormwater.  Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 24-hour return period storm.  The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and groundwater quality will not be impaired.  Direct discharge of untreated stormwater to groundwater is prohibited.  All treatment BMPs shall be selected, designed, and maintained according to an approved manual.

(b) Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government.

(c) An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop runoff treatment requirements that are tailored to a specific basin.  (Ord. 514 § 7.02.6, June 13th, 1995).

22.01.220 Minimum Requirement #5--Streambank erosion control.

(a) The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the requirements in Minimum Requirement #4, Runoff Treatment BMPs:  Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to 50 percent of the existing condition 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms.  As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and groundwater quality is protected.  Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual.

(b) Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City.

(c) An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop streambank erosion control requirements that are tailored to a specific basin.  (Ord. 514 § 7.02.7, June 13th, 1995).

22.01.230 Minimum Requirement #6--Wetlands.

  The requirements below apply only to situations where stormwater discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the requirements in Minimum Standard #4, Runoff Treatment BMPs.

(a) Stormwater discharges to wetlands must be controlled and treated to the extent necessary to meet the State Water Quality Standards, Chapter 173-201 WAC, or Groundwater Quality Standard, Chapter 173-200 WAC, as appropriate.

(b) Discharges to the wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland.

Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized.

(c) Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat stormwater.

(d) In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and they must be managed for stormwater treatment.  If these systems are not managed and maintained in accordance with an approved manual for a period exceeding three years these systems may no longer be considered constructed wetlands.  Discharges from constructed wetlands to waters of the State (including discharges to natural wetlands) are regulated under Chapter 90.48 RCW, and Chapters 173-200 and 173-201 WAC.

(e) Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government.

(f) An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop requirements for wetlands that are tailored to a specific basin.  (Ord. 514 § 7.02.8, June 13th, 1995).

22.01.240 Minimum Requirement #7--Water quality sensitive areas.

(a) Where the City determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality.

(b) Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government.

(c) An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin.  (Ord. 514 § 7.02.9, June 13th, 1995).

22.01.250 Minimum Requirement #8--Off-site analysis and mitigation.

  All development projects shall conduct an analysis of off-site water quality impacts resulting from the project and shall mitigate these impacts.  The analysis shall extend a minimum of one-fourth of a mile downstream from the project.  The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to:

(a) Excessive sedimentation;

(b) Streambank erosion;

(c) Discharges to groundwater contributing or recharge zones;

(d) Violations of water quality standards;

(e) Spills and discharges of priority pollutants.

(Ord. 514 § 7.02.10, June 13th, 1995).

22.01.260 Minimum Requirement #9--Basin planning.

  Adopted and implemented watershed-based basin plans may be used to modify any or all of the Minimum Requirements; provided, that the level of protection for surface or groundwater achieved by the basin plan will equal or exceed that which would be achieved by the Minimum Requirements in the absence of a basin plan.  Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals.  Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by local government.  Basin plans shall be developed according to an approved manual.  (Ord. 514 § 7.02.11, June 13th, 1995).

22.01.270 Minimum Requirement #10--Operation and maintenance.

  An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified, in accordance with sections 22.01.300 and 22.01.310.  (Ord. 514 § 7.02.12, June 13th, 1995).

22.01.280 Minimum requirement #11--Financial liability.

  Performance bonding or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards.  (Ord. 514 § 7.02.13, June 13th, 1995).

22.01.290 Exceptions.

  Exceptions to Minimum Requirements #1 through #11 may be granted prior to permit approval and construction.  An exception may be granted following a public hearing; provided, that a written finding of fact is prepared that addresses the following:

(a) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

(b) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

(c) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and

(d) The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements.  (Ord. 514 § 7.02.14, June 13th, 1995).

22.01.300 Maintenance agreement.

(a) Prior to the issuance of any clearing, filling or grading or building permit for which a storm drainage plan is required, the City shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private storm drainage system.  Such agreement shall provide for access to the system at reasonable times for regular inspection by the City or its authorized representative and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.

(b) The agreement shall be recorded by the applicant and/or owner in the land records of Pierce County.

(c) The agreement shall also provide that, if after notice by the City to correct a violation requiring maintenance work and satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the City may perform all necessary work to place the facility in proper working condition.  The owner(s) of the facility shall be assessed the cost of the work and any penalties and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the City.  (Ord. 514 § 7.03.1, June 13th, 1995).

22.01.310 Maintenance responsibility.

(a) The owner of the property on which work has been done pursuant to these regulations for private storm drainage systems, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, BMPs, and other protective devices.  Such repairs or restorations, and maintenance shall be in accordance with approved plans.

(b) An operation and maintenance schedule shall be developed for any storm drainage system and shall state the required maintenance to be performed, the equipment and skill level necessary to perform the maintenance, and the required frequency of maintenance.  The operation and maintenance schedule shall either be printed on the Stormwater Management Plan or submitted under separate cover.

(c) The maintenance and operation of private storm drainage system shall be the responsibility of the property owner.  Furthermore, the property owner shall, in accordance with the operation and maintenance schedule, record and log maintenance performed and date.  Operation and maintenance records shall be retained by the property owner for a minimum of three (3) years and shall be available to the City for inspection at all reasonable times.

(d) The City shall be responsible for the maintenance and operation of all public storm drainage facilities located within public easements and rights-of-way following the completion of the successful maintenance period and the acceptance of such facilities by the City.  (Ord. 514 § 7.03.2, June 13th, 1995).

22.01.320 Director.

  The Mayor or a designee shall administer this chapter and shall be referred to as the Director.  The Mayor shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.  (Ord. 514 § 8.01, June 13th, 1995).

22.01.330 Review and approval.

  The Mayor may approve, conditionally approve or deny an application for activities regulated by this chapter.  (Ord. 514 § 8.01.1, June 13th, 1995).

22.01.340 Inspection.

  All activities regulated by this chapter, except those exempt in section 22.01.080, shall be inspected by the Utility Superintendent or an authorized representative.  The Utility Superintendent shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised.  Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project.  When required by the Utility Superintendent, a special inspection and/or testing shall be performed.  (Ord. 514 § 8.01.3, June 13th, 1995).

22.01.350 Fees.

  The City’s fee for review of storm drainage and erosion control facilities and on-site inspection of facilities during construction shall be based on the actual amount of time expended at an hourly rate not to exceed $75.00 per hour.  Fees for review of Small Parcel Stormwater Plans shall be $75.00, payable in advance.  If such fees are not paid when due, the Administrator may revoke or refuse to grant the underlying permit or approval.  If as a result of such action work is not completed, the Administrator may judge the incomplete work to constitute a drainage problem subject to sanctions described in sections 22.01.360 through 22.01.380.  (Ord. 514 § 8.01.4, June 13th, 1995).

22.01.360 Enforcement.

(a) Enforcement Authority.  The Mayor shall enforce this chapter.

(b) General.  Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter.  The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage threat to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.  (Ord. 514 §§ 8.01.2, 9.01, June 13th, 1995).

22.01.370 Stop work order.

  The City Administrator shall have the authority to serve a person a stop work order if action is being undertaken in violation of this chapter.

(a) Content of Order.  The order shall contain:

(1) A description of the specific nature, extent, and time of violation and the damage or potential damage; and

(2) A notice that the violation or the potential violation cease and desist, and, in appropriate cases, the specific corrective action to be taken within a given time.  A civil penalty under section 22.01.380 may be issued with the order.

(b) Notice.  A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same.

(c) Effective Date.  The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.

(d) Compliance.  Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.  (Ord. 514 § 9.02, June 13th, 1995).

22.01.380 Civil penalty.

(a) A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development without first obtaining City approval, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty.

(1) Amount of Penalty.  The penalty shall not exceed $1,000 for each violation.  Each day of continued violation or repeated violation shall constitute a separate violation.

(2) Aiding or Abetting.  Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

(3) Notice of Penalty.  A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the City.  The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time.

(4) Application for Remission or Mitigation.  Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the City for remission or mitigation of such penalty.  Upon receipt of the application, the City Council may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.

(5) Appeal of Civil Penalty.  Persons incurring a penalty imposed by the Director may appeal in writing within 30 days of the receipt of the penalty to the City Council.

(b) Penalties Due.  Penalties imposed under this section shall become due and payable 30 days after receiving it unless application for remission or mitigation is made or an appeal is filed.  Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation.  Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty.  If the amount of a penalty owed the City is not paid within the time specified, the City may take actions necessary to recover such penalty.

(c) Penalties Recovered.  Penalties recovered shall be paid to a specific budget line item account within the Utility Fund dedicated to enforcement and/or enhancement of the Stormwater Management Program.  (Ord. 514 § 9.03, June 13th, 1995).

22.01.390 Exceptions.

(a) Board of Appeals.  After a public hearing, the City Council may grant an exception from the requirement of this chapter.  In granting any exception, the City Council may prescribe conditions that are deemed necessary or desirable for the public interest.

(b) Findings of Fact.  Exceptions to Minimum Requirements #1 through #11 may be granted prior to permit approval and construction.  An exception may be granted following a public hearing; provided, that a written finding of fact is prepared that addresses the following:

(1) The exception provides equivalent environmental protection and is in the overriding public interest; and that the objective of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

(2) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

(3) That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and

(4) The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements.

(c) Prior Approval.  Any exception shall be approved prior to permit approval and construction.

(d) Duration of Exception.  Exceptions granted shall be valid for 2 years, unless granted for a shorter period.

(e) Right of Appeal.  All actions of the City Council shall be final and conclusive, unless within 30 days of the date of the City Council action the original applicant or an adverse party gives written notice to the City Council for review of the action.  (Ord. 514 § 10, June 13th, 1995).

Chapter 22.02
Stormwater Facilities

Sections:

22.02.010 Findings of fact.

22.02.020 Need.

22.02.030 Purpose.

22.02.040 Definitions.

22.02.050 Abrogation and greater restrictions.

22.02.060 Interpretation.

22.02.070 Applicability.

22.02.080 Maintenance required.

22.02.090 Minimum standards.

22.02.100 Disposal of waste from maintenance activities.

22.02.110 Compliance.

22.02.120 Director.

22.02.130 Inspection authority.

22.02.140 Inspection.

22.02.150 Procedures.

22.02.160 Inspection schedule.

22.02.170 Inspection and maintenance records.

22.02.180 Reporting requirements.

22.02.190 Enforcement.

22.02.200 Orders.

22.02.210 Civil penalty.

22.02.220 Penalties due.

22.02.230 Penalties recovered.

22.02.010 Findings of fact.

  The City of DuPont hereby finds that:

(a) Stormwater facilities are a common feature of urban development;

(b) Stormwater facilities must be regularly inspected and maintained so that they will perform as designed to prevent or remove pollution and/or to reduce flooding;

(c) If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater;

(d) If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.  (Ord. 515 § 1.01, June 13th, 1995).

22.02.020 Need.

  The City finds that this chapter is necessary in order to ensure maintenance of all stormwater facilities within the City by setting minimum standards for the inspection and maintenance of stormwater facilities.  (Ord. 515 § 1.02, June 13th, 1995).

22.02.030 Purpose.

  The provisions of this chapter are intended to:

(a) Provide for inspection and maintenance of stormwater facilities in the City to provide for an effective, functional stormwater drainage system;

(b) Authorize the City to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter;

(c) Establish the minimum level of compliance which must be met;

(d) Guide and advise all who conduct inspection and maintenance of stormwater facilities.  (Ord. 515 § 1.03, June 13th, 1995).

22.02.040 Definitions.  For the purposes of this chapter, the following definitions shall apply:

(a) “Best Management Practice” or “BMP” means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water.  BMPs are listed and described in the Stormwater Management Manual.

(b) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the State, or local government unit, however designated.

(c) “Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

(d) “Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

(e) “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions.  Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins and modular pavement.  Stormwater facilities are described in the Manual.

(f) “Stormwater Management Manual” or “Manual” means the 1992 Edition of the State of Washington, Department of Ecology’s “Stormwater Management Manual for the Puget Sound Basin,” and all amendments and additions thereto, and is adopted by this reference.  The Stormwater Management Manual contains BMPs to prevent or reduce pollution and maintenance provisions for all BMPs.  (Ord. 515 § 2, June 13th, 1995).

22.02.050 Abrogation and greater restrictions.

  It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions.  However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.  (Ord. 515 § 3.1, June 13th, 1995).

22.02.060 Interpretation.

  The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.  (Ord. 515 § 3.2, June 13th, 1995).

22.02.070 Applicability.

(a) When any provision of any other chapter of the City conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.

(b) The City Council is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter.  (Ord. 515 § 4, June 13th, 1995).

22.02.080 Maintenance required.

  All stormwater facilities shall be maintained in accordance with this chapter and the Stormwater Management Manual.  Systematic, routine preventive maintenance is required.  (Ord. 515 § 5.1, June 13th, 1995).

22.02.090 Minimum standards.

  The following are the minimum standards for the maintenance of stormwater facilities:

(a) Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.

(b) Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary.  Clippings are to be removed and properly disposed of.

(c) Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem.  Within 1 month, the City shall revisit the facility to assure that it is being maintained.  (Ord. 515 § 5.2, June 13th, 1995).

22.02.100 Disposal of waste from maintenance activities.

  Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.  (Ord. 515 § 5.3, June 13th, 1995).

22.02.110 Compliance.

  Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs.  Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the Stormwater Management Manual.  (Ord. 515 § 5.4, June 13th, 1995).

22.02.120 Director.

  The Mayor or a designee/inspector shall administer this chapter and shall be referred to as the director.  The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.  (Ord. 515 § 6.1, June 13th, 1995).

22.02.130 Inspection authority.

  The Utility Superintendent is directed and authorized to develop an inspection program for stormwater facilities in the City.  (Ord. 515 § 6.2, June 13th, 1995).

22.02.140 Inspection.

  Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the City to determine compliance with the provisions of this chapter.  (Ord. 515 § 7.1, June 13th, 1995).

22.02.150 Procedures.

  Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.

(a) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

(b) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

(c) Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington.

(d) The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection C of this section; provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.  (Ord. 515 § 7.2, June 13th, 1995).

22.02.160 Inspection schedule.

  The Utility Superintendent shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the City.  Inspections shall be annual.  Critical stormwater facilities may require a more frequent inspection schedule.  (Ord. 515 § 7.3, June 13th, 1995).

22.02.170 Inspection and maintenance records.

  As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule.  Records of new stormwater facilities shall include the following:

(a) Record plans and locations;

(b) Findings of fact from any exemption granted by the local government;

(c) Operation and maintenance requirements and records of inspections, maintenance actions and frequencies;

(d) Engineering reports, as appropriate.  (Ord. 515 § 7.4, June 13th, 1995).

22.02.180 Reporting requirements.

  The Utility Superintendent shall report annually to the City Council about the status of the inspections.  The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.  (Ord. 515 § 7.5, June 13th, 1995).

22.02.190 Enforcement.

(a) Authority.  The Mayor or a designee shall enforce this chapter.

(b) General.  Enforcement action shall be taken whenever a person has violated any provision of this chapter.  The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.  (Ord. 515 §§ 6.3, 8.1, June 13th, 1995).

22.02.200 Orders.

  The City Administrator shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the Manual and/or City regulations.  The order shall include:

(a) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

(b) A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

(c) A reasonable time to comply, depending on the circumstances.  (Ord. 515 § 8.2, June 13th, 1995).

22.02.210 Civil penalty.

  A person who fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued shall be subject to a civil penalty.

(a) Amount of Penalty.  The penalty shall not exceed $1,000 for each violation.  Each day of continued violation or repeated violation shall constitute a separate violation.

(b) Aiding or Abetting.  Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

(c) Notice of Penalty.  A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the

City.  The notice shall describe the violation, the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time.

(d) Application for Remission or Mitigation.  Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the City for remission or mitigation of such penalty.  Upon receipt of the application, the City may remit or mitigate the penalty only upon demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.

(e) Appeal of Civil Penalty.  Persons incurring a penalty imposed by the City may appeal in writing, within 10 days of the receipt of the penalty, to the Mayor.  (Ord. 515 § 8.3, June 13th, 1995).

22.02.220 Penalties due.

  Penalties imposed under this section shall become due and payable 30 days after receiving notice of penalty unless application for remission or mitigation is made or an appeal is filed.  Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation.  Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty.  If the amount of a penalty owed is not paid within the time specified in this section, the City may take actions necessary to recover such penalty.  (Ord. 515 § 8.4, June 13th, 1995).

22.02.230 Penalties recovered.

  Penalties recovered shall be paid to a specific budget line item account within the Utility Fund dedicated to enforcement and/or enhancement of the stormwater management program.  (Ord. 515 § 8.5, June 13th, 1995).

Chapter 22.03
Stormwater Management Utility

Sections:

22.03.010 Definitions.

22.03.020 Creation of Stormwater Management Utility.

22.03.030 Administrator of Utility.

22.03.040 Repealed.

22.03.050 Authority to establish rates and charges.

22.03.060 Limitation of liability.

22.03.010 Definitions.

  The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:

(a) The “Utility” shall mean the City of DuPont, Washington, Stormwater Management Utility, a utility which operates and maintains the storm or surface water drains, channels and facilities, outfalls for storm drainage and the rights and interests in property relating to the system.  The boundaries of the Utility are the corporate limits of the City.  (Ord. 99-651 § 1).

22.03.020 Creation of Stormwater Management Utility.

(a) There is hereby created and established a storm and surface water utility which shall be known as the “City of DuPont, Washington, Stormwater Management Utility” (the “Utility”), for the purposes set forth in subsection (b) of this section.

(b) The City shall exercise, through the Utility where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water within the boundaries of the City, as necessary to protect the health, safety, and welfare of the citizens of the City, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the Utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of drainage facilities, and to adopt, alter, and amend a plan adopted as necessary to implement the policies of the City pertaining to storm and surface water drainage.

(c) It is not the purpose of this chapter to create a duty of the City or its Utility to insure or protect individual persons or property against water drainage.  (Ord. 99-651 § 2).

22.03.030 Administrator of Utility.

  The official designated by the Mayor shall be administrator of the Utility and shall report directly to the City Administrator.  (Ord. 99-651 § 3).

22.03.040 Stormwater Management Utility Fund.

  Repealed by Ord. 03-741. (Ord. 99-651 § 4).

22.03.050 Authority to establish rates and charges.

  The City shall establish by ordinance rate classifications, service charges, connection charges, inspection, and permitting fees, application, and connection fees and such other fees and charges necessary and sufficient in the opinion of the City Council to pay for the following:

(a) The costs associated with the development and adoption of a Stormwater Management Plan;

(b) The costs, including debt service and related financing expenses, for the construction, and reconstruction of storm drainage facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence;

(c) The operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities within the service area which presently exist;

(d) The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm and surface water drainage system in the service area including but not limited to land necessary for the installation and construction of storm drainage facilities, and all other facilities, including retention, detention, and infiltration facilities, which are reasonably required for proper and adequate handling of stormwaters within the service area;

(e) The costs of monitoring, inspection, enforcement and administration of the Utility including but not limited to water quality surveillance, private maintenance inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the City’s storm and surface water policies; and

(f) The construction and subsequent maintenance of those future facilities as required by the Utility.

The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the Utility.  (Ord. 99-651 § 5).

22.03.060 Limitation of liability.

 This chapter, any drainage code to be adopted by the City Council to implement this chapter, and any guidelines, rules, standards, specifications, requirements, regulations and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost-effective storm and surface water management in accordance with reasonable standards for such management in the City as necessary to protect the health, safety, and welfare of the citizens and of the City.  Such reasonable standards shall be recommended by the administrator and approved by the City Council.  No City liability shall be inferred, implied, or interpreted by the adoption and application of this chapter for damages to individual persons or properties which result from existing conditions or which occur subsequent to the date of this chapter.  There shall be no liability associated with the Utility’s approval of any privately constructed portion of the storm and surface water system and/or privately maintained portion of the storm and surface water system unless the City accepts the same as part of its publicly owned and/or maintained system and is negligent in its administration of such a system.  (Ord. 99-651 § 6).

Chapter 22.04
Stormwater Management Billing Policy and Collection

Sections:

22.04.010 Definitions.

22.04.020 Rate policy.

22.04.030 Classification of property.

22.04.040 Undeveloped real property.

22.04.050 Property exempt from service charges.

22.04.060 General facility charge.

22.04.070 Collection.

22.04.080 Annual review of charges and fees.

22.04.010 Definitions.

  The following words when used herein shall have the following meanings, unless the context clearly indicates otherwise:

(a) The “City” shall mean the City of DuPont, Washington, a municipal corporation created and existing under the laws of the State of Washington.

(b) “Developed” shall mean that condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements such that the hydrology of the property or portion thereof is affected.

(c) An “equivalent residential unit” shall mean and be equal to 1,900 square feet of impervious ground cover and is the measure of impervious ground cover to be used by the Utility in assessing service charges and general facility charges against each parcel of property.

(d) “Impervious ground cover” shall mean those hard surfaced areas which either prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, or which cause water to run off the surface in greater quantities or at an increased rate of flow than that present under natural conditions preexistent to development, including without limitation such surfaces as roof tops, asphalt or concrete sidewalks, paving, driveways and parking lots, walkways, patio areas, storage areas, graded and compacted areas, and gravel, oiled macadam or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.

(e) “Service charge” means the monthly fee levied by the Utility upon all developed real property within the boundaries of the Utility as authorized by DMC 22.04.030 and Section 5 of the ordinance codified in this chapter.¹

(f) The “system” shall mean the entire system of storm drainage facilities owned by the Utility or over which the Utility has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.

(g) The “general facility charge” shall mean that fee authorized by DMC 22.04.060 and charged by the Utility to property which is developed after the effective date of the ordinance codified in this chapter, which charge reflects a proportionate share of the Utility’s capital costs attributable to the newly developed property.

(h) “Undeveloped” shall mean that condition of real property unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind, which change the hydrology of the property from its natural state.

(i) The “Utility” means the City of DuPont, Washington, Stormwater Management Utility created by Ordinance No. 99-651 of the City, passed on December 21, 1999 (Chapter 22.03 DMC).  (Ord. 99-652 § 1).

22.04.020 Rate policy.

  It shall be the policy of the City that the rate structure to be applied in establishing the amount of service charges and general facility charges assessed against each parcel of developed real property within the boundaries of the Utility shall be based upon the amount of impervious ground cover contained within each parcel of property as measured by DMC 22.04.030, except for those properties set forth in DMC 22.04.050.  (Ord. 99-652 § 2).

22.04.030 Classification of property.

(a) The Utility shall calculate the impervious ground cover of each parcel of developed real property within the boundaries of the Utility to determine the number of equivalent residential units contained therein; 1,900 square feet of impervious ground cover shall equal one equivalent residential unit.  All detached single-family residences, mobile homes, and multifamily residences which have individual water meters for each residence, and are of the same nature and character as single-family residences (such as having individual driveways and individual yards), as determined by the Utility Administrator, are deemed to contain one equivalent residential unit.  For all other developed real properties within the Utility boundaries, the Utility shall determine the number of equivalent residential units contained thereon by dividing the number of square feet of impervious ground cover on each property by 1,900 square feet/ERU; the total thus obtained will be rounded to the nearest half representing the equivalent residential units contained on such property.  Each developed parcel of property shall be deemed to contain a minimum of one equivalent residential unit.

(b) For those multifamily dwellings which meet the criteria found in this section and which contain common areas not attributable to any particular residence, a separate calculation of that common area will be made based upon the amount of impervious surface as measured by this section.  This amount will be billed to the owner/property manager or association of the multifamily dwelling unit.  (Ord. 99-652 § 3; Ord. 04-777 § 1).

22.04.040 Undeveloped real property.

  In accordance with the policy established in DMC 22.04.020 that the service charges be determined by the amount of impervious ground cover contained on each parcel of real property, those properties remaining in an undeveloped condition are deemed not to make use of the services of the Utility or of the facilities of the system beyond that used by such property in the natural state.  Therefore, no service charge shall be imposed upon that real property within the boundaries of the Utility which is undeveloped.  (Ord. 99-652 § 4).

22.04.050 Property exempt from service charges.

  The following special categories of property are exempt from service charges and general facility charges:

(a) City street rights-of-way;

(b) Pierce County highway rights-of-way;

(c) Washington State rights-of-way.  (Ord. 99-652 § 6).

22.04.060 General facility charge.

(a) A general facility charge shall be levied against and shall be collected from the owners of each parcel of real property or portion thereof which is changed from an undeveloped to a developed state subsequent to the effective date of the ordinance codified in this chapter.  Such general facility charge shall be levied for the purposes of assessing against such previously undeveloped property or portion of real property, at the time such property or portion becomes joined to and commences to use and/or receive benefit from the facilities of the system, a proportionate share of the Utility’s capital cost attributable to each subsequently developed portion of property in order that such portion may bear its fair share of the cost of the Utility.

(b) The general facility charge shall be levied in an amount determined by multiplying the base charge as established from time to time by ordinance of the City Council by the total number of equivalent residential units contained on that property or portion of property being altered from an undeveloped to a developed condition, which number shall not be less than one and shall be determined by the Utility at the time in which application for a building or construction permit is made by the owner of the property or its agent.  The general facility charge shall be assessed and must be paid before a building or construction permit may be issued by the City.  (Ord. 99-652 § 7).

22.04.070 Collection.

(a) All service charges, general facility charges and all other fees or charges hereafter established by the City Council by ordinance shall be deemed to be levied upon the premises themselves.

(b) The City shall have a lien for all delinquent and unpaid charges and fees for storm drainage purposes, including without limitation service charges and general facility charges, assessed against all premises to which service was furnished, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220 et seq.

(c) As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the Utility is authorized, in accordance with law and in the manner provided by the City of DuPont Municipal Code to stop providing water service to such premises for so long as any delinquent fees or charges remain unpaid.  (Ord. 99-652 § 8).

22.04.080 Annual review of charges and fees.

  The charges and fees established by this chapter and any other ordinances of the City Council establishing charges and fees for the Utility shall be reviewed annually by the Utility.  Subsequent to such review, the Utility shall present to the City Council a yearly budget for the Utility and proposed amendments to any rates and charges necessary to enable the City to pay all costs to be incurred by the Utility; provided, that failure or delay in conducting such review shall not affect the continued validity of existing charges and fees.  (Ord. 99-652 § 9).

---

Footnotes

¹Ordinance No. 99-652 can be found on file in the office of the City Clerk.