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HomeMy WebLinkAbout2004-073 Stormwater Utility Ordinance • YAKIMA COUNTY ORDINANCE NO. 12 -2004 AN ORDINANCE relating to public services and utilities; creating a storm drainage and surface water management utility within a defined unincorporated urban service area of Yakima County to regulate public and private activities that impact stormwater discharges and to provide related facilities and services; providing authority for the imposition, collection and adjustment of stormwater utility rates, fees, and charges; and adding new chapter 12.09 to Title 12 of the Yakima County Code. CITY OF YAKIMA ORDINANCE NO. 2004 -73 AN ORDINANCE relating to public services and utilities; creating a storm drainage and surface water management utility within the City of Yakima to regulate public and private activities that impact stormwater discharges and to provide related facilities and services; providing authority for the imposition, collection and adjustment of stormwater utility rates, fees, and charges; and adding new chapter 7.80 to Title 7 of the Yakima Municipal Code. CITY OF UNION GAP ORDINANCE NO. 2448 AN ORDINANCE relating to public services and utilities; creating a storm drainage and surface water management utility within the City of Union Gap to regulate public and private activities that impact stormwater discharges and to provide related facilities and services; providing authority for the imposition, collection and adjustment of stormwater utility rates, fees, and charges; and adding new chapter 12.10 to Title 12 of the City of Union Gap Municipal Code. WHEREAS, The Federal Clean Water Act, 33 U.S.C. 1251 et seq., requires certain political entities, such as Yakima County (the County) and the Cities of Yakima and Union Gap (the Cities), to implement stormwater management programs within prescribed time frames, and the Environmental Protection Agency, pursuant of the Federal Clean Water Act, 33 U.S.C. 1251 et seq., has promulgated a Phase II rule that extends coverage under the National Pollutant Discharge Elimination System (NPDES) to certain small municipal separate stormwater sewage systems (MS4s), such as the County and the Cities; and WHEREAS, the County and the Cities of Yakima and Union Gap applied for coverage under the NPDES Phase II municipal stormwater general permit on March 10, 2003; and WHEREAS, the NPDES Phase II municipal stormwater general permit program requires the County and the Cities of Yakima and Union Gap to regulate activities that impact stormwater quality; to operate and maintain a stormwater system; to monitor surface water quality; to educate and involve the public in stormwater matters; and to provide for the planning, design and construction of necessary capital facilities; and WHEREAS, Part C of the Federal Safe Drinking Water Act (SDWA) 42 U.S.C. § 300h et seq. as administered in Washington State by Chapter 173- 218 of the Washington Administrative Code (WAC) - UNDERGROUND INJECTION CONTROL PROGRAM - requires the location, registration, and proper operation of existing and new subsurface stormwater infiltration systems to ensure that the quality of underground sources of drinking water is not endangered; and WHEREAS, Yakima County, The City of Yakima, and the City of Union Gap are required to regulate stormwater in order to ensure that runoff flowing from publicly owned subsurface stormwater infiltration systems to groundwater meets state and federal regulatory requirements; and WHEREAS, In Washington State, the EPA has delegated primacy for the Federal Clean Water Act and Federal Safe Drinking Water Act to the Washington State Department of Ecology; and WHEREAS, Chapter 90.48 of the Revised Code of Washington (RCW) - the Water Pollution Control Act of Washington - establishes that it is the public policy of the state of Washington to maintain the highest possible standards to insure the purity of all waters of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life, birds, game, fish and other aquatic life, and the industrial development of the state, 2 and to that end requires the use of all known available and reasonable methods to prevent and control the pollution of the surface waters and groundwaters of the state of Washington from discharges including those arising from stormwater runoff; and WHEREAS, Yakima County, Yakima, and Union Gap are required to comply with these applicable stormwater and surface water regulations under federal and state laws, and implementation by the Cities and the County of the stormwater pollution prevention programs required by these regulations, is a necessary part of providing stormwater services and operating storm sewer systems and facilities; and WHEREAS, the development of property may adversely affect stormwater quality, generate stormwater runoff, and otherwise necessitate stormwater regulation and management and burden the stormwater system; and WHEREAS, owners of developed property benefit from the provision of stormwater management services and from the operation of the system; and WHEREAS, Yakima County, the City of Yakima, and the City of Union Gap desire to form Storm Drainage and Surface Water Management Utilities within their respective jurisdiction to regulate public and private activities that impact stormwater discharges, and provide related facilities and services, in order to promote and protect the public health, safety and welfare; minimize water quality degradation; protect aquifers; ensure the safety of city and county roads and right -of -ways; assure compliance with federal and state storm drainage, surface water management, and water quality regulations; increase educational and recreational opportunities; encourage the preservation of natural drainage systems; and foster other beneficial public uses; and WHEREAS, the County is authorized to own and operate a Storm Drainage and Surface Water Management Utility, and to impose charges therefore, pursuant to RCW Chapters 36.94 and 36.89; and WHEREAS, the City of Yakima and the City of Union Gap are authorized to own and operate Storm Drainage and Surface Water Management Utilities, and to impose charges therefore, pursuant to RCW 35.67.010 - .020 and RCW 35.92.020; and WHEREAS, several individual and joint Yakima County, Yakima, and Union Gap public hearings, informational open houses, and study sessions have been held to disseminate information regarding potential stormwater utilities and hear public concerns; and 3 WHEREAS, the implementation of stormwater and water quality management programs on a regional basis is most efficient and will most facilitate the successful and fair resolution of water quality problems; and WHEREAS, Yakima County, Yakima, and Union Gap have worked cooperatively to plan for stormwater requirements and will develop consistent stormwater standards for use within their jurisdictions, and desire to continue this cooperative approach; and WHEREAS, the County and the Cities desire to jointly implement a stormwater and surface water utility ordinance to ensure that, within the individual priorities of each jurisdiction, consistency of stormwater utility programs and approaches are utilized throughout the Yakima region; and WHEREAS, the revenues to be generated by the rates set forth in this Ordinance will be used solely for purposes of storm drainage and surface water management by the County and the Cities within their respective jurisdictions; NOW, THEREFORE, BE IT ORDAINED BY YAKIMA COUNTY: Secition 1. Chapter 12.09 entitled "Stormwater Drainage and Surface Water Management Utility" is hereby enacted as a new chapter to Title 12 of the Yakima County Code, which new chapter and various sections thereof, shall read as follows: "Chapter 12.09 STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Sections: 12.09.010 Legislative findings and policy. 12.09.020 Creation of storm drainage and surface water management utility for the urban service area. 12.09.030 Definitions. 12.09.040 Funding of storm drainage and surface water management utility. 12.09.050 Operating budget. 12.09.060 Special operating fund. 12.09.070 Investments. 12.09.080 Reserve account. 12.09.090 Bad debts. 12.09.100 Stormwater and surface water user's fees established. 12.09.110 Delineation of stormwater and surface water utility boundary. 12.09.120 Equivalent residential unit (ERU). 12.09.130 Property classifications for stormwater user's fee. 4 12.09.140 Base rate. 12.09.150 Adjustment to stormwater user's fees. 12.09.160 Property exempt from fees. 12.09.170 Property owners to pay fees. 12.09.180 Billing procedures and penalties for late payment. 12.09.190 Appeals of fees. 12.09.200 Severability. 12.09.010 Legislative findings and policy. The Board of Yakima County Commissioners find, determine and declare that the streams, rivers, lakes, waterways, groundwater, and functionally related natural and manmade facilities constitute a stormwater control facility. The County Commissioners find, determine and declare that the public stormwater control facility, which provides for the collection, treatment, storage and disposal of stormwater, provides benefits and services to developed property within the unincorporated County limits where such services and facilities are available. Such benefits include, but are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff; improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality of the stormwater and its receiving waters. Federal and state laws mandate that operation of such systems requires Yakima County to implement regional water quality protection activities and programs to reduce and control the potential to pollute surface waters and groundwaters by storm drainage originating on both public and private properties. The County Commissioners find, determine and declare that development of lands alter both the amount of stormwater runoff and the amount of pollution contained in such runoff and that the variation in these two factors constitute a fair way to determine the burdens imposed upon the system and the benefits of the services received by the customer from the pollution management and regulatory services and facilities provided by a utility for storm drainage and surface water management, and the customer's charges for management of such burdens and provision of such services and facilities. 5 The County Commissioners find, determine and declare that the amount of impervious surface, land use, and rainfall determines the volume of runoff and the general level of pollution from a property and this has been well established in both engineering practice and water quality studies by the Environmental Protection Agency, the Department of Ecology, the United States Geological Survey, the Soil Conservation Service, and others. While the relationships established by the above studies are adequate to assign charges, the Yakima County storm drainage and surface water management utility for the urban service area shall perform local studies and based upon the results of these, may adjust rates and charges in the future to more accurately reflect the burdens imposed by customer classes within Yakima County. The County Commissioners find, determine and declare that to fund the costs of storm drainage and surface water management in the Urban Service Area, the service area of the Utility, it is necessary to adopt service charges for stormwater users, with rates varying according to the services furnished, the burdens imposed or benefits received by urban service area customers; and the character, use and stormwater runoff characteristics of the land. 12.09.020 Creation of stormwater and surface water management utility for the urban service area. Pursuant to RCW 36.94 and 36.89, there is hereby created a Yakima County storm drainage and surface water management utility for the urban service area. The storm drainage and surface water management utility, under the legislative policy, supervision and control of the governing body of the County, shall perform the following activities within the urban service area: (1) Administer the acquisition, design, construction, maintenance and operation of the stormwater and surface water system, including executing capital improvements designated in the capital improvement program and sharing appropriately in their costs; (2) Administer and enforce this ordinance and all regulations and procedures adopted thereto relating to the design, construction, maintenance, operation and alteration of the utility stormwater and surface water system, including, but not limited to, 6 the quantity, quality and /or :velocity of -the stormwater conveyed thereby; (3) Advise the County's governing body and other County departments and divisions on matters relating to the utility; (4) Prepare and periodically revise, as determined by state and federal law, comprehensive stormwater management and drainage plans for adoption by the County's governing body; (5) Develop standards and ordinances relating to stormwater drainage and treatment to apply to new development and redevelopment; (6) Enforce regulations to protect and maintain water quality and quantity within the stormwater and surface water system in compliance with water quality standards established by state, regional and /or federal agencies as now adopted or hereafter amended; (7) Annually analyze the cost of services and benefits provided to and burden imposed by different classes of customers, and the system and structure of fees, charges, civil penalties and other revenues of the utility, and prepare budgets for adoption by the County's governing body; and (8) Perform all other activities allowable by law and required to ensure compliance with state and federal stormwater and surface water quality laws. 12.09.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Agricultural parcel" means a parcel of real property that is currently used for production of agricultural crops or raising livestock, excluding: large processing, storage, and finishing facilities, and confined animal operations. (2) "Base rate" means the stormwater user's charge for an equivalent residential unit. (3) "Commercial /industrial parcel" means a parcel of real property that is primarily used for commercial purposes. For the purposes of stormwater fees, this grouping includes other parcels 7 of real property with large amounts of impervious surfaces, for example: apartment complexes and mobile home parks, governmental buildings, churches, schools, confined animal operations, and food processing, storage, and finishing facilities. (4) "County" means Yakima County, Washington, a political subdivision created and existing under the laws of the state of Washington. (5) "Credit" means the extent to which utility customers meeting specified criteria are billed at a reduced fee, such reduction representing a fee credit. The fee credit is provided in recognition that those utility customers who meet the specified criteria provide an in -kind service or contribution that offsets a portion of the burdens on the stormwater system imposed by the credited parcel. (6) "Developed property" means real property, that has been altered from its natural state by: (a) the creation or addition of impervious surface areas such as buildings, structures, pavement, (b) agricultural production, or (c) other improvements. (7) "Duplex, tri -plex, and four -plex" mean buildings designed and arranged exclusively for occupancy by two (2), three (3), and four (4) families, respectively, living independently of each other in separate dwelling units. (8) "Dwelling unit" means a single unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking, and sanitation. (9) "Director" means the duly appointed director of the Yakima County Department of Public Services or his or her designee. (10) "Exempt property" means parcels of real property which, for legal reasons, are not subject to utility fees, including: trust lands within the Yakama Nation Reservation and commercial timberlands. Lands categorized as vacant or undeveloped by the County assessor are also considered exempt as they are considered to impose no stormwater system burdens. (11) "Fee" or "Stormwater fee" means the service charge established under this ordinance and charged to owners of parcels or pieces of real property to fund the costs of stormwater management within the utility\service area. 8 (12)-. "Impervious surface area" means the number of square feet of horizontal surface covered by buildings and other impervious surfaces. (13) "Impervious surface" means a surface which is covered with material that is resistant to infiltration by water, including, but not limited to: most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, surface, or any other surface which impedes the natural infiltration of rainfall. (14) "Residential parcel" means: a single- family residence, a vacation home, a mobile home on a separate parcel of real property, individual two to four unit duplexes and four- plexes on an individual parcel of real property, and other parcels of real property where the primary use is residential, excluding apartment complexes. (15) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater and surface water system into a defined surface waterbody, or a constructed infiltration facility. (16) "Stormwater control facility" means the streams, rivers, ponds, lakes, waterways, groundwater, and functionally related natural and manmade facilities that combined provide stormwater management services within the urban service area. (17) "Stormwater and surface water management fund" or "fund" means the enterprise fund created by this ordinance to operate, maintain, and improve the County's urban service area stormwater system, as required by stormwater laws. (18) "Stormwater and surface water management" means the planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs within the urban service area of the County relating to storm drainage. (19) "Stormwater and surface water system," "stormwater system" or "system" means all facilities, properties, interest, physical and intangible rights of every kind or nature owned, held or operated by the County within the unincorporated urban service area of the County, however acquired, insofar as they contribute to the management of storm or surface water. It shall further include without limitation, all such properties and rights acquired by 9 adverse possession or by prescription, directly or through another: in and to the drainage or storage, or both, of storm or surface waters, or both; and through, under, or over lands, landforms, watercourses, sloughs, streams, ponds, lakes, and swamps. In each case or instance, their inclusion begins at a point where storm or surface waters first enter the stormwater control facility of the County within the County. The designation ends, in each case or instance where at a point where such storm or surface waters exit from the stormwater control facility of the County, and in width, to the full extent of inundation caused by the largest flood or storm condition. (20) "Storm drainage and surface water management utility" or "stormwater utility ", or "utility" means the Storm Drainage and Surface Water Management Utility For the Urban Service Area created by this ordinance as it may be amended from time to time. (21) "Urban service area" means the utility service area encompassing the unincorporated area around the cities of Yakima, Union Gap, and Selah where more stormwater regulations apply, greater stormwater burdens arise from increased levels of impervious surfaces and higher intensity stormwater programs will be in effect. The Urban Service Area is determined by combining: (a) the Yakima Urbanized Area as defined by the Federal Census Bureau, (b) the urban growth areas of the cities of Yakima, Union Gap, Selah and Moxee, and (3) parcels bordering (a) and /or (b) that are zoned to allow higher- density development than the density allowed on adjacent parcels. (22) "Urban equivalent residential unit" or urban "ERU" means, and is equal to, 3,600 square feet of impervious groundcover, which approximates the average impervious surface area contained on single - family residential parcels within the urban area in and around the cities of Yakima and Union Gap. It is the measure of impervious groundcover to be used by the utility in calculating service charges for urban commercial /industrial parcels. (23) "Waiver" means that the determination of the Director that a utility customer's property has met the criteria specified in YCC 12.09.150(F) of this chapter to receive a waiver from paying stormwater fees. Any waiver will require a showing that parcels that meet the specified criteria provide an in -kind service or contribution that offsets the burdens on the stormwater system imposed by the parcel(s) subject to the waiver. 10 12.09.040 Funding of the stormwater and surface water management utility for the urban service area. Funding for the stormwater and surface water management utility's services and facilities may include, but not be limited to, the following: (1) Stormwater user's fees; (2) Civil penalties and damage assessments imposed for or arising from the violation of this ordinance; (3) Stormwater permit and inspection fees adopted under separate authorities; (4) Revenue bonds; and (5) Other funds or income obtained from federal, state, local or private grants. 12.09.050 Operating budget. The County Commissioners shall adopt an operating budget for the stormwater and surface water management utility each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the established costs for operations and maintenance, capital improvement projects, and debt service. . 12.09.060 Special operating fund. All service charges collected shall be deposited in a special fund in the County treasury, to be used only for the purpose of paying all or any part of the cost and expense of carrying out required urban service area stormwater and surface water quality programs, maintaining and operating stormwater management facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing and improving stormwater control and treatment facilities, or to secure the payment of all or any portion of any issue of general obligation bond or revenue bond issued for such purpose. 12.09.070 Investments. Moneys in the fund not needed for immediate expenditure shall be invested for the benefit of the special operating fund pursuant to 11 the first paragraph of RCW 36.89.020 and such procedures and limitations contained in county ordinances. 12.09.080 Reserve account. An operating and emergency reserve account shall be maintained. This fund will be reserved as an unappropriated operating reserve to accommodate cash flow variations, respond to emergencies, and react to other special circumstances. 12.09.090 Bad debts. The stormwater and surface water management utility is authorized to write off debts upon specific approval by the County Commissioners by resolution after a determination of uncollectability using collection process concluding with the use of a collection agency if needed. 12.09.100 Stormwater and surface water user's fees established. Except with respect to parcels that are waived from paying user fees as described in YCC 12.09.150 of this chapter or exempted from paying user fees as described in YCC 7.80.160 of this chapter, the County shall charge and collect from the owner of each and every developed property in the urban service area of the unincorporated County a stormwater and surface water user's fee, which shall be set from time to time by ordinance or resolution, and in the manner and amount prescribed by this ordinance. The purpose of this fee is to fund the storm drainage and surface water utility for the urban service area. Prior to establishing or amending user's fees, the County shall advertise its intent to do so by publishing notice in a newspaper of general circulation in the County. The publication date of such advertisement shall meet public notice requirements of local and state laws. 12.09.110 Delineation of stormwater and surface water utility boundary. The County Commissioners find that there is a large variation in the density of development and the proportion of the land covered by impervious surfaces between the urban and rural areas of the County. The County Commissioners further find that there is also 12 • a variation in the number of stormwater regulations that apply between the urban and rural areas of the County, thus affecting the intensity of the required stormwater management programs. The County Commissioners find that utility services are necessary within the urban areas of the County but not within the rural areas of the County. Therefore, County parcels shall be divided into two (2) categories: (a) those that fall within the urban service area shall be known as urban service area parcels and shall be subject to the charges set forth in this ordinance; and (b) those that fall outside the urban area shall be known as rural area parcels and shall not be subject to the charges set forth in this ordinance. The boundary of the urban service area shall include those parcels within the following areas: (a) the boundary of the Yakima urbanized area as defined by the Federal Census Bureau; (b) the urban growth boundaries of the cities of Yakima, Union Gap, Selah and Moxee; and (c) parcels bordering the Yakima urbanized area or the urban growth boundaries of the cities of Yakima, Union Gap, Selah and Moxee that are zoned to allow higher- density development than adjacent parcels. The current boundary of the urban service area shown in Exhibit 1 is hereby incorporated into this ordinance. A list of all parcels included in the urban service area is attached as Exhibit 2 and is hereby incorporated into this ordinance. Stormwater charges shall apply to parcels created by future land division or merger of parcels listed in Exhibit 2. The boundaries of, and parcels included in, the urban service area shall change as lands are rezoned, changes to urban growth areas are made, and as lands are annexed into cities. 12.09.120 Equivalent residential unit (ERU). (1) Establishment. The urban equivalent residential unit (ERU) is hereby established for purposes of calculating the stormwater user's fees. (2) Setting the ERUs. The ERUs shall be set by the County Commissioners from time to time by ordinance or resolution. Until such time that there is a change in conditions requiring an adjustment to the ERU, it is set at the following value: Urban ERU = 3600 sf. This value was determined through the measurements of impervious surface on single family home residential parcels. 13 (3) Source of ERU. The County Commissioners shall have the discretion to determine the impervious surface area, land use, parcel size and other information for developed property through property tax assessor's rolls, or site examination, mapping information, aerial photographs, statistical extrapolation, and other reliable information. 12.09.130 Property classification for stormwater user's fee. As authorized by RCW Chapters 36.89 and 36.94, the County Commissioners find that variations in land use, location, and impervious surfaces result in differences in the burdens imposed upon the stormwater system and the costs to serve such parcels. County parcels shall be differentiated from one another based upon the stormwater burdens imposed by the parcels and the costs of stormwater services provided to the parcels. (1) Customer Classification. For purposes of determining the stormwater user's fees, owners of all developed parcels in the County are classified into one of the following general classes: (a) Urban residential; (b) Urban commercial /industrial (including government, military, schools, churches, etc); (c) Urban agricultural; and (d) Exempt. To reflect the burdens imposed upon the County stormwater system, parcels with industrially or commercially related facilities will have fees determined in the same manner as the commercial /industrial class regardless of the land use codes assigned by the County assessor or the zoning. (2) Urban residential fee. The stormwater management fee for discrete urban residential parcels shall equal the urban service area base rate. Commercial mobile home park charges shall equal the base rate times the number of urban ERUs. The number of urban ERUs is determined by dividing the amount of impervious surface (in feet squared) on the parcel by 3600 square feet. Developed condominium parcels shall be charged the base rate. (3) Urban commercial /industrial fee. The stormwater management fee for urban commercial, industrial, institutional, and 14 governmental parcels shall equal the base rate times the number of urban ERUs. The number of urban ERUs is determined by dividing the amount of impervious surface (in feet squared) on the parcel by 3600 square feet. (4) Urban agricultural parcels. The stormwater management fee for urban agricultural parcels shall be the base rate multiplied by the number of assigned ERUs as shown below: Assignment of ERUs to Agricultural Parcels Parcel Size- Urban ERUs Up to one acre- 0.5ERU Greater than 1 acre, up to and including 5 acres- 1 ERU Greater than 5 acres, up to and including 20 acres- 1.5 ERU Greater than 20 acres, up to and including 40 acres- 2 ERU Greater than 40 acres, up to and including 70 acres- 3 ERU Greater than 70 acres, up to and including 100 acres- 4 ERU Greater than 100 acres (parcel sizes in acres)- (parcel size) /(25) (5) Exempt parcels. There shall be no stormwater user's fee for exempt parcels. The minimum charge for developed non- exempt or non - waived parcels shall one half (1/2) of the base rate. 12.09.140 Base rate. The base rate shall be calculated to provide adequate revenues to cover all costs incurred by the utility pursuant to this ordinance. A 5 year budget has been prepared for the utility. Federal and state stormwater regulations give the County up to five (5) years to fully implement the stormwater management program. Therefore, the revenue required for the stormwater program will begin at a low level, and increase over the five -year implementation period. The County Commissioners adopt the following monthly base rate for years 2005 through 2007 as shown: Year Urban Base Rate $ /month ($ /Year) 2005 1.50 (18.00) 2006 3.07 (36.84) 2007 4.57 (54.84) 15 In 2007 program expenditures and progress shall be reviewed and the required revenue for the years 2008 onward to develop a fully implemented program shall be determined and monthly base rates shall be adjusted or maintained as needed to account for inflation and /or changes in program expenses. If no action is taken by the Board of County Commissioners by November 1 of 2007, the base rate shown above for 2007 shall remain in effect in 2008 and shall continue until an adjustment is made. The frequency of adjustments to base rates thereafter shall be as required to ensure fair and full funding of the program. 12.09.150 Adjustments to stormwater user's fees. Credits allowed under this section shall not be cumulative. Credits or waivers must be granted by the director by October 15 of a given year in order for the credit or waiver to be in effect for the following billing year. Credits or waivers are not retroactive to current or prior billings and are only in effect for the next billing years. Credits or waivers may be in effect for multiple future billing years provided that ongoing qualifying criteria are met. The director will take such time as necessary to process requests for credits or waivers in an orderly fashion. Late requests and related submittals of information may result in credits or waivers being granted too late to be applied for the following billing year. (A) Credits for qualified stormwater facilities. County Commissioners recognize that some parcel owners have constructed or will construct private on -site stormwater quality and quantity mitigation facilities, which when properly operated and maintained will aid the County in controlling the overall effects of stormwater pollution. Parcels or portions of parcels with facilities that meet one of the criteria listed below, to the director's satisfaction, shall receive a reduction of 20% from the monthly fee charged for that portion of the site draining to such facilities. (1) Any commercial /industrial parcel with a properly constructed and maintained stormwater retention facility that meets or exceeds the design requirements of the 2004 Department of Ecology Stormwater Management Manual for Eastern Washington or an equivalent design manual adopted by the County. Retention facilities include engineered stormwater evaporation or infiltration systems. Owners of subsurface stormwater infiltration systems shall provide evidence of compliance with the Washington State Underground Injection Control Program in order to receive the credit. 16 (2) • Any parcel that has an active and valid NPDES Industrial Stormwater or Confined Animal Feeding Operation Stormwater permit. A copy of the permit and the Stormwater Pollution Prevention Plan (SWPPP) shall be provided to the director. The property owner is responsible for providing all documentation necessary to demonstrate compliance with the above requirements. Documentation shall be by a licensed civil engineer with the state of Washington. In the event facilities or control measures address only a portion of the total parcel, the credit will be applied to only that affected portion. The property owner must maintain any water quantity and /or quality control facility in accordance with Department of Ecology maintenance guidelines and appropriate practice, to ensure proper function and effectiveness of the facility. Commercial /industrial parcel owners receiving credits shall agree to allow the County to periodically inspect the subject stormwater facilities. The County may request ,., documentation from facility owners to verify that proper r ,, maintenance has been performed. The County may notify owners in writing of maintenance needs or deficiencies. Failure to maintain the facilities within 30 days after written notice may be cause for termination of the credit granted in this section. (B) Credits for low- income senior and low- income disabled households. Upon submittal of the necessary verification documentation to the director, low- income seniors and disabled households receiving relief under RCW 84.36.381 shall receive 'a 40% credit toward their fee, this includes: (1) All parcels for which a homeowner qualifies for an exemption under RCW 84.36.381(5)(a); (2) All parcels for which a homeowner qualifies for an exemption under RCW 84.36.381(5)(b)(i); and /or (3) All parcels for which a homeowner qualifies for an exemption under RCW 84.36.381(5)(b)(ii). Verification of eligibility under 84.36.381 must be provided to the director by October 15 of any year in order to be eligible for the credit in the following billing year. Credits shall not be retroactive to the current or preceding years. 17 (C) Credits or waivers for schools participating in stormwater and surface water education. The County Commissioners find that many of the concerns about stormwater quality are created by a general lack of knowledge about the relationship between human activities and storm and surface water. Pursuant to RCW 36.89.085, County Commissioners also find that public and private schools can provide regional benefits to the County's stormwater and surface water management program by carrying out certain types of educational and community activities related to protection and enhancement of surface water, groundwater, and stormwater quality. Kindergarten through grade 12 schools that are in compliance with all requirements for their own stormwater facilities, and that are carrying out surface water, groundwater, and stormwater quality educational and community activities in cooperation with the County may apply to the director for a credit towards, or waiver from, their stormwater fee. The amount of an approved credit, or the issuance of a waiver, shall depend upon the nature and extent of the programs and activities being performed. Schools shall pay the full charge until such time as a discount or waiver is granted by the director. (D) Credit for rainwater harvesting systems. Upon review and approval by the director, owners of new or newly constructed commercial /industrial class buildings that utilize a properly constructed and maintained permissive rainwater harvesting system shall be eligible for a 10% credit applied toward that portion of their stormwater charge arising from the building upon which the system is used. Customers desiring this credit shall apply to the director and shall submit engineering design and operational information as deemed necessary by the director to make their evaluation and decision. Rainwater harvesting and beneficial reuse of the runoff is found by County Commissioners to both reduce the burden imposed upon the system by the building by reducing runoff and to also have other beneficial water quality effects such as reduced consumption of potable water. (E) Credit for grazing lands or fallow agricultural lands in natural condition. The County Commissioners find that agriculturally class forest or shrub- steppe lands used for grazing, or fallow agricultural lands that are determined by the director to be in a natural state, generally have no improvements built on them, generate only light traffic, utilize no chemicals or irrigation, and provide beneficial ecological functions, may impose only a Tight burden upon the system. As such, owners of such parcels that are 100 acres or larger may submit information to the director and apply for a credit of up to 50% on their stormwater charges. The level of credit shall be based upon the condition of the lands and any waterways. Owners of such lands shall pay the full stormwater charge until such time as the director grants a credit. 18 (F) Waiver of Utility Fees for Certain Property. The director shall waive stormwater and surface water utility fees for a parcel falling within the following special categories of property upon a showing that the parcel meets the following applicable criteria for so long as the criteria are met. (1) Fees shall be waived for County road and street rights -of -way so long as the County road fund shall continue to contribute to the proper operation, maintenance, repair, improvement, and construction of the road drainage system, and shall reimburse the utility for services performed on their behalf; (2) Fees shall be waived for state of Washington highway rights -of- way, so long as the state of Washington cooperates with the utility in the provision of services and maintains, constructs and improves all drainage facilities contained within such rights -of -way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the County. (3) Fees shall be waived for vacant undeveloped parcels. The County Commissioners find that such parcels generally have no improvements built on them, generate little to no traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no burden upon the system and receiving no benefit from the utility's services and facilities. Information that a property categorized as vacant or undeveloped is being used otherwise may result in loss of this waiver. (4) Fees shall be waived for municipal, county, state and federal parks, national forests, state forests, fishing areas, wildlife reserves, public trails and bike paths so long as their owners cooperate with the utility in the provision of educational services and water quality control efforts. Fees shall be waived to the degree that such property owners offset the costs of the utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have minimal intensity of impervious development and provide opportunities for natural resource education and development of an appreciation for water quality. 12.09.160 Property exempt from fees. Trust lands within the boundary of the Yakama Nation, incorporated cities, and zoned private timberlands are exempt from utility stormwater charges. 19 12.09.170 Property owners to pay fees. The owner of each non - exempt and non - waived parcel shall pay the utility fees and charges as provided in this ordinance. Property owners seeking credits or waivers shall pay the full fee until such time that the credit or waiver is granted by the director, after which reduced fees will be applied. 12.09.180 Billing procedures and penalties for late payment. The charges as herein provided for shall be billed annually, shall be due on or before the 30th day of April, and shall become delinquent thereafter if not paid. Collection of delinquencies, interest, penalty, and costs of collection for delinquent utility fees provided for herein shall be charged interest on the delinquent balance at the rate of eight percent (8 %) per annum, computed on a monthly basis. A penalty of ten percent (10 %) of the fee for the parcel shall be added to charges that are more than six months delinquent. The County shall have a lien for delinquent charges, including interest and penalties thereon, against the real property for which the service charges are calculated as set forth in subsection 3 below. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The director may excuse delinquencies of less than thirty (30) days. Pursuant to RCW 36.89.090, the County shall have a lien on any parcel with a delinquent account, including interest thereon. Liens shall be effective and shall be enforced in the same manner as provided for sewerage liens of cities and towns by RCW 35.67.200 through 35.67.290, except that the lien shall be effective for a total not to exceed one year's delinquent fees without the necessity of any writing or recording of the lien with the County auditor, as provided for in RCW 35.89.093, in lieu of the provisions of RCW 35.67.210. In accordance with RCW 36.89.094, the County may commence to foreclose a delinquent account lien after three (3) years from the date the account becomes delinquent, in lieu of the provisions provided for in RCW 36.89.230. 12.09.190 Appeals of fees. If an owner of a parcel subject to this ordinance, or other responsible party, believes the storm and surface water service charge is incorrect, the owner may appeal to the director, requesting a refund, credit, waiver, or 20 exemption and providing such information as the director may require. The director may make an adjustment to the charges consistent with professional engineering judgment and with the general policies contained above. Decisions of the director regarding rate adjustments and appeals shall be final after thirty (30) days of the date the decision was mailed, unless the applicant submits in writing to the director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the Board of County Commissioners. The decision of the County Commissioners shall be final. 12.09.200 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this chapter." Section 2. This ordinance shall be effective regardless of whether or not the City of Yakima and /or the City of Union Gap passes a storm drainage and surface water management utility. Section 3. This ordinance shall go into effect within Yakima County on January 1, 2005. PASSED BY THE COUNTY COMMISIONERS at a regular meeting and signed and approved this day of ____, 2004. James Lewis, Chair ATTEST: County Clerk Publication Date: Effective Date: APPROVED AS TO FORM: 21 • :..., �' CO '' YAK -I M_A COUNT -Y r r oaaoa..., .,aa�..o..a. e. maw ir -v - i, Ir ti - _, ;,. -. ,;: , ....1r40:: : F 16 ...., ,,...„ k j'4:.--. 7- 1 1 '4: -6 ,5 ' 4 ' 11 111[11. 1: t im91., 61 � E xhibit 1 0 Yakima County Urban o 11161111.1 , E s '444' ''.. f w , l Stormwater Utility Service Area m MIL mil IL IIII x. i ik ilk CO .444 lil ` a1 „,..., „...........1t.„, .41,1_, ,." Q. mot,. :— :: 'a �, ;`f' , � 'c "���'"�� .�ic� l i �� �' ; � 2b iotiiiipa ., tune' " : per F.s .. i� Y'a - ' ' 9i i t 1 Malt r' 21 r � d l l �eat�U*^ '%✓.+!' tit R �° 4- e..� -;.e t '� 4 I x 0 grair.... ill _ •• -rrt ri- 1111, /P t eat .� 1 _ . ,_ _ n 1 m I n ..a ! ! � � t ,■ Ii i M �- : ] ° I j �l i : . � II� itliii�i i i i�i. 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Chapter 7.80 entitled "Storm Drainage and Surface Water Management Utility” is hereby enacted as a new chapter to Title 7 of the City of Yakima Municipal Code, which new chapter and various sections thereof, shall read as follows: "Chapter 7.80 STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Sections: 7.80.010 Legislative findings and policy. 7.80.020 Creation of storm drainage and surface water management utility. 7.80.030 Definitions. 7.80.040 Funding of storm drainage and surface water management utility. 7.80.050 Stormwater funds 7.80.060 Operating budget. 7.80.070 Reserve account. 7.80.080 Stormwater user's fees established. 7.80.090 Equivalent residential unit (ERU). 7.80.100 Property classifications for stormwater user's fee. 7.80.110 Base rate. 7.80.120 Adjustment to stormwater user's fees. 7.80.130 Property owners to pay charges. 7.80.140 Billing procedures and penalties for late payment. 7.80.150 Appeals of fees. 7.80.160 Severability. 7.80.170 Effective date of service charge. 7.80.010 Legislative findings and policy. The City Council finds, determines and declares that the streams, rivers, lakes, waterways, groundwater, and functionally related natural and manmade stormwater control facilities constitute a stormwater control facility. The City Council finds, determines and declares that the public stormwater control facility including its administration, which provides for the collection, treatment, storage and disposal of stormwater, provides benefits and services to all developed property within the incorporated city limits. Such benefits include, but are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment and release of 37 stormwater; the reduction of hazards to property and life resulting from stormwater runoff; improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality of the stormwater and its receiving waters. Federal and state laws mandate that operation of such systems requires the City of Yakima to implement regional water quality protection activities and programs to reduce and control the potential to pollute surface waters and groundwaters by storm drainage originating on both public and private properties. The City Council finds, determines and declares that development of lands alter both the amount of stormwater runoff and the amount of pollution contained in such runoff and that the variation in these two factors constitutes a fair way to determine the burdens imposed upon the system and the benefits of the services received by the customer from the pollution management and regulatory services and facilities provided by a utility for storm drainage and surface water management, and the customer's charges for management of such burdens and provision of such services and facilities. The City Council finds, determines and declares that the amount of impervious surface, land use, and rainfall will determine the volume of runoff and the general level of pollution from a property has been well established in both engineering practice and water quality studies by the Environmental Protection Agency, the Department of Ecology, the United States Geological Survey, the Soil Conservation Service, and others. While the relationships established by the above studies are adequate to assign charges, the City storm drainage and surface water management utility shall perform local studies and based upon the results of these, may adjust rates and charges in the future to more accurately reflect the burdens imposed by customer classes within the City. The City Council finds, determines and declares that to fund the costs of storm drainage and surface water management in the City, it is necessary to adopt service charges for stormwater users, with rates varying according to the services furnished, the burdens imposed or benefits received; and the character, use and stormwater runoff characteristics of the land. 7.80.020 Creation of storm drainage and surface water management utility. Pursuant to RCW 35.67.010 - .020 and RCW 35.92.020, there is hereby created a City storm drainage and surface water utility. 38 The storm drainage and surface water management utility, under the legislative policy, supervision and control of the governing body of the City, shall perform the following activities within the City: (1) Administer the acquisition, design, construction, maintenance and operation of the stormwater and surface water system, including capital improvements designated in the capital improvement program; (2) Administer and enforce this ordinance and all regulations and procedures adopted thereto relating to the design, construction, maintenance, operation and alteration of the stormwater and surface water system, including, but not limited to, the quantity, quality and /or velocity of the stormwater conveyed ry : - thereby; ; ;. 1 (3) Advise the City's governing body and other City departments on matters relating to the utility; (4) Prepare and periodically revise, as determined by state and federal law, a comprehensive stormwater management plan for adoption by the City's governing body; (5) Develop standards and ordinances relating to stormwater drainage and treatment to apply to new development and redevelopment; (6) Enforce regulations to protect and maintain water quality and quantity within the stormwater and surface water system in compliance with water quality standards established by state, regional and /or federal agencies as now adopted or hereafter amended; (7) Annually analyze the cost of services and benefits provided to and burdens imposed by different classes of customers, and the system and structure of fees, charges, civil penalties and other revenues of the utility, and prepare budgets for adoption by the City's governing body; and (8) Perform all other activities allowable by law and required to ensure compliance with state and federal stormwater and surface water quality laws. 39 7.80.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Average single - family residence" means a single - family residence that has between 1,800 and 5,400 square feet of impervious surface area. (2) "Base rate" means the stormwater user's fee for an equivalent residential unit (ERU). (3) "City" means the city of Yakima, Washington, a municipal corporation created and existing under the laws of the state of Washington. (4) "Credit" means the extent to which utility customers meeting specified criteria are billed at a reduced fee, such reduction representing a fee credit. The fee credit is provided in recognition that those utility customers who meet the specified criteria provide an in -kind service or contribution that offsets a portion of the burdens on the stormwater system imposed by the credited parcel. (5) "Developed property" means real property that has been altered from its natural state by the creation or addition of impervious surface areas, such as buildings, structures, pavement or other improvements. (6) "Duplex, tri -plex, and four -plex" mean buildings designed and arranged exclusively for occupancy by two (2), three (3), and four (4) families, respectively, living independently of each other in separate dwelling units. (7) "Dwelling unit" means a single unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking, and sanitation. (8) "Engineer" means the duly appointed city engineer for the City of Yakima or his or her designee. (9) "Equivalent residential unit" or "ERU" means, and is equal to, 3,600 square feet of impervious groundcover, which constitutes the average impervious surface area contained on single - family residential parcels within the city. An ERU is the unit of impervious groundcover to be used by the utility in calculating service charges for each parcel of property. 40 (10) "Fee" or "stormwater fee" means the charge established under this ordinance for parcels or pieces of real property to fund the costs of stormwater management and of operating, maintaining, and improving the stormwater system in the City. (11) "Impervious surface" means a surface which is covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking Tots, and any other oiled, graveled, graded, compacted, or any other surface which impedes the natural infiltration of surface water. (12) "Impervious surface area" means the number of square feet of horizontal surface covered by buildings and other impervious surfaces. (13) "Large single - family residence" means a single - family residence that has greater than 5,400 square feet of impervious surface area. (14) "Multiple family dwelling unit" means a building or portion thereof, designed for, or occupied by five (5) or more families living independently in separate dwelling units. (15) "National Pollutant Discharge Elimination System" or "NPDES" refers to the federal permit system under the Clean Water Act for discharges of pollutants to surface waters of the United States. Congress amended the Clean Water Act in 1987 to regulate stormwater. Under the revisions, NPDES Phase II permits are required for municipal stormwater discharges to surface waters. (16) "Nonresidential parcel" means a parcel of real property which has been developed for any purpose other than a single - family residence, duplex, tri -plex, or four -plex and includes, but is not limited to, commercial parcels, industrial parcels, parking Tots, hospitals, schools, hotels, offices, churches, governmental parcels and multiple family dwelling units. (17) "Small single - family residence" means a single - family residence that has Tess than 1,800 square feet of impervious surface area. (18) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via 41 overland flow, interflow, pipes and other features of a stormwater and surface water system into a defined surface waterbody, or a constructed infiltration facility. (19) "Stormwater control facility" means the streams, rivers, ponds, lakes, waterways, groundwater, and functionally related natural and manmade facilities that combined provide stormwater management services within the City. (20) "Stormwater management fund" or "fund" means the fund created by this ordinance to operate, maintain, and improve the City's stormwater system. (21) "Storm drainage and surface water management" means the planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to stormwater. (22) "Stormwater and surface water system," "stormwater system" or "system" means all properties, interest, physical and intangible rights of every kind or nature owned, held or operated by the City, however acquired, insofar as they contribute to the management of storm or surface water. It shall further include without limitation, all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another; in and to the drainage or storage, or both of storm or surface waters, or both; and through, under, or over lands, IIandforms, watercourses, sloughs, streams, ponds, lake and swamps. In each case or instance, their inclusion begins at a point where storm or surface waters first enter the stormwater control facility of the City within the City limits, and ends where storm or surface waters exit from the stormwater control facility of the City, and in width to the full extent of inundation caused by the largest storm or flood condition. (23) "Storm drainage. and surface water management utility" or "Stormwater Utility" or "Utility" means the storm drainage and surface water management utility created by this ordinance as it may be amended from time to time. (24) "Waiver" means that determination by the engineer that a utility customer's property has met the criteria specified in YMC 7.80.120 of this chapter to receive a waiver from paying stormwater fees. Any waiver will require a showing that parcels that meet the specified criteria provide an in -kind service or contribution that offsets the burdens on the stormwater system imposed by the parcels subject to the waiver. 42 e„0 7.80.040 Funding of storm drainage and surface water management utility. Funding for the storm drainage and surface water management utility's services and facilities may include, but not be limited to, the following: (1) Stormwater user's fees; (2) Civil penalties and damage assessments imposed for or arising from the violation of this ordinance; (3) Stormwater permit and inspection fees; (4) Revenue bonds and /or general obligation bonds; and 3 (5) Other funds or income obtained from federal, state, local or private grants and /or loans. 7.80.050 Stormwater funds. All revenues generated by, or on behalf of the stormwater utility shall be deposited in the following stormwater utility funds and used in accordance with state law: (1) Fund 441 (for operating funds); or (2) Fund 442 (for capital funds). The revenue deposited into these funds shall be used only for the purposes of constructing, acquiring, adding to, maintaining, conducting, operating, managing, regulating, and controlling the stormwater system, or to secure the payment of all or any portion of any issue of general obligation bond or revenue bond issued for such purposes, or for other legal purposes consistent with this ordinance. 7.80.060 Operating budget. The City Council shall adopt an operating budget for the stormwater utility each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the established costs for operations and maintenance, capital improvement projects, and debt service. 43 7.80.070 Reserve account. An operating and emergency reserve account shall be maintained to provide for cash flow, emergencies and capital improvement project needs. 7.80.080 Stormwater user's fees established. Except with respect to those parcels that are waived from paying fees as described in YMC 7.80.120 of this chapter, the City shall charge and collect from the owner of each and every developed property in the City a stormwater user's fee, which shall be set in the manner and amount prescribed by this ordinance. The purpose of this fee is to fund the storm drainage and surface water utility. Prior to establishing or amending user's fees, the City shall advertise its intent to do so by publishing notice in a newspaper of general circulation in the City. The publication date of such advertisement shall meet public notice requirements of local and state laws. 7.80.090 Equivalent residential unit. (1) Establishment. The equivalent residential unit (ERU) is hereby established for purposes of calculating the stormwater user's fee. The ERU is the approximate average square footage of impervious surface area on a single - family residential parcel. (2) Setting the ERU. The ERU shall be set by the City Council from time to time by ordinance or resolution. Until such time that there is a change in conditions requiring an adjustment to the ERU, it is set as 3,600 square feet. This value was determined through the measurements of impervious surface on single - family home residential parcels. (3) Source of ERU. The City Council shall have the discretion to determine the impervious surface area of developed property through property tax assessor's rolls or site examination, mapping information, aerial photographs, and other reliable information. 44 7.80.100 Property classification for stormwater user's fee. As authorized by RCW Chapters 35.67 and 35.92, the City Council finds that variations in the amount. of impervious surface area contained on single - family residential parcels result in differences in the cost to serve such parcels and the burdens imposed on the system by such parcels. Therefore, residential customers of the stormwater system shall be divided into three (3) classifications based upon the amount of impervious surfaces of their parcels: average single - family residences; large single - family residences; and small single - family residences. (1) Customer Classification. For purposes of determining the stormwater user fees, owners of all developed parcels in the city are classified into one of the following classes: (a) Average single - family residence; (b) Large single - family residence; • (c) Small single - family residence; • (d) Duplex, Tri -plex and Four -plex; and (e) Non - residential parcel. • (2) Average single- family residence fee. The stormwater fee for an average single - family residence shall equal the base rate. (3) Large single- family residence fee. The stormwater fee for.a large single - family residence shall equal twice the base rate. (4) Small single- family residence fee.. The stormwater fee for a small single - family residence shall equal one -half of the base rate. (5) Duplex, Tri -plex, and Four -plex fee. The stormwater fee for a duplex, tri -plex and four -plex shall be determined using the same methodology as single - family residences, with the same designation and rate for average, large and small. (6) Non residential fee. Owners of nonresidential parcels shall pay a stormwater fee equal to the base rate multiplied by the numerical factor obtained by dividing the total impervious surface area of the parcel by one ERU. The minimum stormwater fee for developed non - residential parcels shall equal the base rate for average single - family residential property. 45 7.80.110 Base rate. The base rate shall be calculated to provide adequate revenues to cover all costs allowable under applicable law that are incurred by the utility. The City Council adopts the annual base rate for the three (3) years shown: Year $/year 2006 18.00 2007 27.00 2008 36.00 In 2008, the ongoing revenue requirements for the stormwater utility shall be reviewed and the annual base rates shall be adjusted or maintained as needed. The frequency of adjustments to base rates thereafter shall be as required to ensure fair and full funding of the program. Adjustments to stormwater user's fees as detailed in YMC 7.80.120 will automatically be applied to commercial, industrial and institutional parcel classes in 2006. These credits will sunset in one year unless proper documentation is received that verifies that the parcels meet the conditions of the discounts. For example, if a parcel contains its stormwater runoff in a drywell, the drywell must be registered with the Department of Ecology. Low - income senior and low- income disabled households contained in the 2005 tax records will receive a discount as detailed in YMC 7.80.120. 7.80.120 Adjustments to stormwater user's fees. Credits allowed under this section shall not be cumulative. Except for the first -year credit that will be given to all commercial, industrial, and institutional parcels, credits or waivers must be granted by the engineer by October 15 of a given year in order for the credit or waiver to be in effect for the following billing year. Credits or waivers are not retroactive to current 'or prior billings and are only in effect for the next billing year. Credits or waivers may be in effect for multiple future billing years provided that ongoing qualifying criteria are met. The engineer will take such time as necessary to process requests for credits or waivers in an orderly fashion. 46 As low- income senior and low- income.,.. disabled households are recognized by the County assessors office, they will receive a credit. To receive a credit for the next billing year, the County Assessor records must indicate eligibility for low- income senior or low- income disabled household tax relief prior to October 15 of the preceding year. (A) Credits for qualified stormwater facilities. The City Council recognizes that some parcel owners have constructed or will construct private on -site stormwater quality and quantity mitigation facilities, which when properly operated and maintained will aid the City in controlling the overall effects of stormwater pollution. Parcels or portions of parcels with facilities that meet one of the criteria listed below, to the engineer's satisfaction, shall receive a reduction of 20% from the annual fee charged for that portion of the site draining to such facilities. (1) Any commercial /industrial /institutional parcel with a properly constructed and maintained stormwater facility that meets or .. exceeds the design requirements of the 2004 Department of Ecology Stormwater Management Manual for Eastern Washington or an equivalent design manual adopted by the City. Owners of subsurface stormwater infiltration systems shall provide evidence of compliance with the Washington State Underground Injection Control Program in order to receive the credit. (2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A copy of the permit and the Stormwater Pollution Prevention Plan (SWPPP) shall be provided to the engineer. The property owner is responsible for providing all documentation necessary to demonstrate compliance with the above requirements. Documentation shall be by a licensed civil engineer with the state of Washington. In the event facilities or control measures address only a portion of the total parcel, the credit will be applied to only that affected portion. The customer must maintain any water quantity and /or quality control facility in accordance with Department of Ecology maintenance guidelines and appropriate practice to ensure proper function and effectiveness of the facility. Commercial /industrial /institutional parcel owners receiving credits shall agree to allow the City to periodically inspect the subject the stormwater facilities. The City may request documentation from facility owners to verify that proper maintenance has been performed. The City may notify owners in writing of maintenance needs or deficiencies. Failure to 47 maintain the facilities within 30 days after written notice may be cause for termination of the adjustment authorized by this section. (B) Credit for rainwater harvesting systems. Upon review and approval by the engineer, owners of new or newly constructed commercial /industrial class buildings that utilize a properly constructed and maintained permissive rainwater harvesting system shall be eligible for a 10% credit applied toward that portion of their stormwater charge arising from the building upon which the system is used. Customers desiring this credit shall apply to the engineer and shall submit engineering design and operational information as deemed necessary by the engineer to make their evaluation and decision. Rainwater harvesting and beneficial reuse of the runoff is found by the City Council to both reduce the burden imposed upon the system by the building by reducing runoff and to also have other beneficial water quality effects such as reduced consumption of potable water. (C) Credits for low- income senior and low- income disabled households. Low - income seniors and disabled households receiving relief under RCW 84.36.381(5)(a), RCW 84.36.381(5)(b)(i), or RCW 84.36.381(5)(b)(ii) shall receive a 20% credit from the annual fee charged under the YMC 7.80.110 as currently enacted or hereafter amended. Credits shall not be retroactive to the current or preceding years. (D) Waiver of utility fees for certain property. The engineer shall waive stormwater and surface water utility fees for a parcel falling within the following special categories of property upon a showing that the parcel meets the following applicable criteria for so long as the criteria are met. (1) Fees shall be waived for City streets and street rights -of -way, since they act as stormwater conveyance facilities during large floods. The City Streets fund also contributes to the proper operation, maintenance, repair, improvement, and construction of the street drainage system. (2) Fees shall be waived for state of Washington highway rights -of- way, so long as the state of Washington cooperates with the utility in the provision of services and maintains, constructs and improves all drainage facilities contained within such rights -of -way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the City. 48 I . (3) Fees shall be waived for municipal; - ,county, and state and federal parks, fishing areas, wildlife reserves, public trails and bike paths so long as their owners cooperate with the utility in the provision of educational services and water quality control efforts. Fees shall be waived to the degree that such property owners offset the costs of the utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have minimal intensity of impervious development and provide opportunities for natural resource education and development of an appreciation for water quality. (4) Fees shall be waived for all vacant/undeveloped parcels. The City Council finds that such parcels generally have no improvements built on them, generate little to no traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no burden upon the system and receiving no benefit from the utility's services and facilities. Information that:, a property categorized as vacant or undeveloped is being used otherwise may result in a loss of this waiver. 7.80.130 Property owners to pay fees. The owner of each non - exempt parcel shall pay the stormwater user's fee and charges as provided in this chapter. Property owners seeking adjustments or exemptions shall pay the full fee until such time that the adjustment or exemption is granted by the City. 7.80.140 Billing procedures and penalties for late payment. The charges as herein provided for shall be billed annually, shall be due and payable on or before the 30 day of April, and shall become delinquent thereafter if not paid. The owner of contiguous parcels having a single land use within the categories designated in YMC 7.80.100 may receive a single billing for such parcels. Collection of delinquencies, interest, penalty, and costs of collection for delinquent utility service charges provided for herein shall be charged interest on the delinquent balance at the rate of five percent (5 %) per annum, computed on a monthly basis. In addition to any other remedies permitted by law, the City shall have a lien pursuant to RCW Chapter 35.67, as currently enacted or hereinafter amended, for all delinquent service charges, including interest thereon, against the real property for which the service charges are calculated. Said lien shall have the superiority, and may be foreclosed upon, as described in RCW Chapter 35.67, as currently enacted or hereinafter amended, or other applicable law. The engineer may excuse delinquencies of less than thirty (30) days. 49 The City treasurer may use the services of a collection agency to collect delinquent service charges in the manner and to the extent provided in RCW 19.16.500 as currently enacted or hereinafter amended. The collection agency fee shall be added to the amount of the delinquent service charge. Costs associated with the foreclosure of the lien, including but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the City reasonable attorney's fees. 7.80.150 Appeals of fees. (A) Appeal to the engineer. If an owner of a parcel subject to this chapter, or other responsible party, believes the stormwater user's fee is incorrect, the owner may appeal the correctness of the fee to the engineer within thirty (30) calendar days of the mailing of the billing for the fee. Such appeal shall be in writing and shall specify the grounds of the appeal and the requested remedy. The engineer may make an adjustment to the charges consistent with the criteria provided in YMC 7.80.100 and YMC 7.80.120. Decisions of the engineer regarding such appeals shall be final unless appealed to the City Council in a timely manner in accordance with subsection (B). (B) Appeal to the City Council. The decision of the engineer of an appeal filed in accordance with subsection (A) may be appealed to the City Council. Such appeal must be in writing and filed with the City Clerk within thirty (30) calendar days of the date of the decision of the engineer. The written appeal must specify the grounds of the appeal and request a hearing before the City Council. The City Clerk shall set a time and place for the appeal hearing. At the hearing, the City Council shall make a final determination regarding the appeal based upon the criteria provided in YMC 7.80.100 and YMC 7.80.120. 7.80.160 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this chapter. 50 7.80.1 Effective Date of,.Service Charge. The stormwater fee shall go into effect within the City of Yakima on January 1, 2006. Section 2. This ordinance shall be effective regardless of whether or not Yakima County and /or the City of Union Gap passes a storm drainage and surface water management utility. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication by law and by the City Charter. PASSED BY THE YAKIMA CITY COUNCIL, signed and approved this 23 day of November , 2004. .. I Paul P. George, May.r ATTEST: K CIA-g -- -d City Clerk Publication Date: 11 -26 -2004 Effective Date: 12 -26 -2004 51 BE IT ORDAINED BY THE CITY OF UNION GAP AS FOLLOWS: Section 1. Chapter 12.10 entitled "Storm Drainage and Surface Water Management Utility" is hereby enacted as a new chapter to Title 12 of the City of Union Gap Municipal Code, which new chapter and various sections thereof, shall read as follows: "Chapter 12.10 STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY Sections: 12.10.010 Legislative findings and policy. 12.10.020 Creation of storm drainage and surface water management utility. 12.10.030 Definitions. 12.10.040 Funding of storm drainage and surface water management utility. 12.10.050 Stormwater funds 12.10.060 Operating budget. 12.10.070 Reserve account. 12.10.080 Stormwater user's fees established. 12.10.090 Equivalent residential unit (ERU). 12.10.100 Property classifications for stormwater user's fee. 12.10.110 Base rate. 12.10.120 Adjustment to stormwater user's fees. 12.10.130 Property owners to pay charges. 12.10.140 Billing procedures and penalties for late payment. 12.10.150 Appeals of fees. 12.10.160 Severability. 12.10.170 Effective date of service charge. 12.10.010 Legislative findings and policy. The City Council finds, determines and declares that the streams, rivers, lakes, waterways, groundwater, and functionally related natural and manmade stormwater control facilities constitute a stormwater control facility. The City Council finds, determines and declares that the public stormwater control facility including its administration, which provides for the collection, treatment, storage and disposal of stormwater, provides benefits and services to all developed property within the incorporated city limits. Such benefits include, but are not limited to: the provision of adequate systems of 52 collection, conveyance,_ detention,, ; treatment and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff; improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality of the stormwater and its receiving waters. Federal and state laws mandate that operation of such systems requires the City of Union Gap to implement regional water quality protection activities and programs to reduce and control the potential to pollute surface waters and groundwaters by storm drainage originating on both public and private properties. The City Council finds, determines and declares that development of lands alter both the amount of stormwater runoff and the amount of pollution contained in such runoff and that the variation in these two factors constitutes a fair way to determine the burdens imposed upon the system and the benefits of the services received by the customer from the pollution management and regulatory services and facilities provided by a utility for storm drainage and surface water management, and the customer's charges for management of such burdens and provision of such services and facilities. The City Council finds, determines and declares that the amount of impervious surface, land use, and rainfall will determine the volume of runoff and the general level of pollution from a property has been well established in both engineering practice and water quality studies by the Environmental Protection Agency, the Department of Ecology, the United States Geological Survey, the Soil Conservation Service, and others. While the relationships established by the above studies are adequate to assign charges, the City storm drainage and surface water management utility shall perform local studies and based upon the results of these, may adjust rates and charges in the future to more accurately reflect the burdens imposed by customer classes within the City. The City Council finds, determines and declares that to fund the costs of storm drainage and surface water management in the City, it is necessary to adopt service charges for stormwater users, with rates varying according to the services furnished, the burdens imposed or benefits received; and the character, use and stormwater runoff characteristics of the land. 53 12.10.020 Creation of storm drainage and surface water management utility. Pursuant to RCW 35.67.010 - .020 and RCW 35.92.020, there is hereby created a City storm drainage and surface water utility. The storm drainage and surface water management utility, under the legislative policy, supervision and control of the governing body of the City, shall perform the following activities within the City: (1) Administer the acquisition, design, construction, maintenance and operation of the stormwater and surface water system, including capital improvements designated in the capital improvement program; (2) Administer and enforce this ordinance and all regulations and procedures adopted thereto relating to the design, construction, maintenance, operation and alteration of the stormwater and surface water system, including, but not limited to, the quantity, quality and /or velocity of the stormwater conveyed thereby; (3) Advise the City's governing body and other City departments on matters relating to the utility; (4) Prepare and periodically revise, as determined by state and federal law, a comprehensive stormwater management plan for adoption by the City's governing body; (5) Develop standards and ordinances relating to stormwater drainage and treatment to apply to new development and redevelopment; (6) Enforce regulations to protect and maintain water quality and quantity within the stormwater and surface water system in compliance with water quality standards established by . state, regional and /or federal agencies as now adopted or hereafter amended; (7) Annually analyze the cost of services and benefits provided to and burdens imposed by different classes of customers, and the system and structure of fees, charges, civil penalties and other revenues of the utility, and prepare budgets for adoption by the City's governing body; and 54 { (8) Perform all other activities allowable by law and required to ensure compliance with state and federal stormwater and surface water quality laws. 12.10.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1) "Average single - family residence" means a single - family residence that has between 1,800 and 5,400 square feet of impervious surface area. (2) "Base rate" means the stormwater user's fee for an equivalent residential unit (ERU). (3) "City" means the city of Union Gap, Washington, a municipal corporation created and existing under the laws of the state of Washington. (4) "Credit" means the extent to which utility customers meeting specified criteria are billed at a reduced fee, such reduction representing a fee credit. The fee credit is provided in recognition that those utility customers who meet the specified criteria provide an in -kind service or contribution that offsets a portion of the burdens on the stormwater system imposed by the credited parcel. (5) "Developed property" means real property that has been altered from its natural state by the creation or addition of impervious surface areas, such as buildings, structures, pavement or other improvements. (6) "Director" means the duly appointed director of the City's department of public works or his or her designee. (7) "Duplex, tri -plex, and four -plex" mean buildings designed and arranged exclusively for occupancy by two (2), three (3), and four (4) families, respectively, living independently of each other in separate dwelling units. (8) "Dwelling unit" means a single unit providing complete, independent living facilities for one (1) family including permanent provisions for living, sleeping, eating, cooking, and sanitation. 55 (9) "Equivalent residential unit" or "ERU" means, and is equal to, 3,600 square feet of impervious groundcover, which constitutes the average impervious surface area contained on single - family residential parcels within the city. An ERU is the unit of impervious groundcover to be used by the utility in calculating service charges for each parcel of property. (10) "Fee" or "stormwater fee" means the charge established under this ordinance for parcels or pieces of real property to fund the costs of stormwater management and of operating, maintaining, and improving the stormwater system in the City. (11) "Impervious surface" means a surface which is covered with material that is resistant to infiltration by water, including, but not limited to, most conventionally surfaced streets, roofs, sidewalks, patios, driveways, parking lots, and any other oiled, graveled, graded, compacted, or any other surface which impedes the natural infiltration of surface water. (12) "Impervious surface area" means the number of square feet of horizontal surface covered by buildings and other impervious surfaces. (13) "Large single - family residence" means a single - family residence that has greater than 5,400 square feet of impervious surface area. (14) "Multiple family dwelling unit" means a building or portion thereof, designed for, or occupied by five (5) or more families living independently in separate dwelling units. (15) "National Pollutant Discharge Elimination System" or "NPDES" refers to the federal permit system under the Clean Water Act for discharges of pollutants to surface waters of the United States. Congress amended the Clean Water Act in 1987 to regulate stormwater. Under the revisions, NPDES Phase II permits are required for municipal stormwater discharges to surface waters. • (16) "Nonresidential parcel" means a parcel of real property which has been developed for any purpose other than a single - family residence, duplex, tri -plex, or four -plex and includes, but is not limited to, commercial parcels, industrial parcels, parking lots, hospitals, schools, hotels, offices, churches, governmental parcels and multiple family dwelling units. 56 (17) "Public works director't appointed director of the City of Union Gap department of public works. (18) "Small single - family residence" means a single- family residence that has less than 1,800 square feet of impervious surface area. (19) "Stormwater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features of a stormwater and surface water system into a defined surface waterbody, or a constructed infiltration facility. (20) "Stormwater control facility" means the streams, rivers, . ponds, lakes, waterways, groundwater, and functionally related natural and manmade facilities that combined provide stormwater .1 management services within the City. (21) "Stormwater management fund" or "fund" means the fund created by this ordinance to operate, maintain, and improve the City's stormwater system. (22) "Storm drainage and surface water management" means the planning, design, construction, regulation, improvement, repair, maintenance, and operation of facilities and programs relating to stormwater. (23) "Stormwater and surface water system," "stormwater system" or "system" means all properties, interest, physical and intangible rights of every kind or nature owned, held or operated by the City, however acquired, insofar as they contribute to the management of • storm or surface water. It shall further include without limitation, all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another; in and to the drainage or storage, or both of storm or surface waters, or both; and through, under, or over lands, Iandforms, watercourses, sloughs, streams, ponds, lake and swamps. In each case • or instance, their inclusion begins at a point where storm or surface waters first enter the stormwater control facility of the City within the City limits, and ends where storm or surface waters exit from the stormwater control facility of the City, and in width to the full extent of inundation caused by the largest storm or flood condition. (24) "Storm drainage and surface water management utility" or " Stormwater Utility" or "Utility" means the storm drainage and 57 surface water management utility created by this ordinance as it may be amended from time to time. (25) "Waiver" means that determination by the director that a utility customer's property has met the criteria specified in section 12.10.120 of this chapter to receive a waiver from paying stormwater fees. Any waiver will require a showing that parcels that meet the specified criteria provide an in -kind service or contribution that offsets the burdens on the stormwater system imposed by the parcels subject to the waiver. 12.10.040 Funding of storm drainage and surface water management utility. Funding for the storm drainage and surface water management utility's services and facilities may include, but not be limited to, the following: (1) Stormwater user's fees; (2) Civil penalties and damage assessments imposed for or arising from the violation of this ordinance; (3) Stormwater permit and inspection fees; (4) Revenue bonds and /or general obligation bonds; and (5) Other funds or income obtained from federal, state, local or private grants and /or loans. • 12.10.050 Stormwater funds. All revenues generated by, or on behalf of the stormwater utility shall be deposited in the following stormwater utility funds and used in accordance with state law: (1) Fund 441 (for operating funds); or (2) Fund 442 (for capital funds). The revenue deposited into these funds shall be used only for the purposes of constructing, acquiring, adding to, maintaining, conducting, operating, managing, regulating, and controlling the stormwater system, or to secure the payment of all or any portion of any issue of general obligation bond or revenue bond issued for 58 such purposes, or for other- purposes consistent with this ordinance. 12.10.060 Operating budget. The City Council shall adopt an operating budget for the stormwater utility each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the established costs for operations and maintenance, capital improvement projects, and debt service. 12.10.070 Reserve account. An operating and emergency reserve account shall be maintained to provide for cash flow, emergencies and capital improvement project needs. . 12.10.080 Stormwater user's fees established. Except with respect to those parcels that are waived from paying fees as described in section 7.80.120 of this chapter, the City shall charge and collect from the owner of each and every developed property in the City a stormwater user's fee, which shall be set in the manner and amount prescribed by this ordinance. The purpose of this fee is to fund the storm drainage and surface water utility. Prior to establishing or amending user's fees, the City shall advertise its intent to do so by publishing notice in a newspaper of general circulation in the City. The publication date of such advertisement shall meet public notice requirements of local and state laws. 12.10.090 Equivalent residential unit. (1) Establishment. The equivalent residential unit (ERU) is hereby established for purposes of calculating the stormwater user's fee. The ERU is the approximate average square footage of impervious surface area on a single - family residential parcel. (2) Setting the ERU. The ERU shall be set by the City Council from time to time by ordinance or resolution. Until such time that there is a change in conditions requiring an adjustment to the ERU, it is set as 3,600 square feet. This value was determined 59 through the measurements of impervious surface on single - family home residential parcels. (3) Source of ERU. The City Council shall have the discretion to determine the impervious surface area of developed property through property tax assessor's rolls or site examination, mapping information, aerial photographs, and other reliable information. 12.10.100 Property classification for stormwater user's fee. As authorized by RCW Chapters 35.67 and 35.92, the City Council finds that variations in the amount of impervious surface area contained on single - family residential parcels result in differences in the cost to serve such parcels and the burdens imposed on the system by such parcels. Therefore, residential customers of the stormwater system shall be divided into three (3) classifications based upon the amount of impervious surfaces of their parcels: average single - family residences; large single - family residences; and small single - family residences. To reflect the burdens imposed upon the stormwater system, parcels with industrially or commercially related facilities will have fees determined in the same manner as the commercial /industrial class regardless of the land use codes assigned by the County assessor or the zoning. (1) Customer Classification. For purposes of determining the stormwater user fees, owners of all developed parcels in the city are classified into one of the following classes: (a) Average single - family residence; (b) Large single - family residence; (c) Small single - family residence; (d) Duplex, Tri -plex and Four -plex; and (e) Commercial /industrial (including government, military, schools, churches, apartment complexes, etc); (f) Agricultural. 60 (2) Average single- family residence fee. The stormwater fee for an average single - family residence shall equal the base rate. (3) Large single - family residence fee. The stormwater fee for a large single - family residence shall equal twice the base rate. (4) Small single- family residence fee. The stormwater fee for a small single - family residence shall equal one -half of the base rate. (5) Duplex, Tri -plex, and Four -plex fee. The stormwater fee for a duplex, tri -plex and four -plex shall be determined using the same methodology as single - family residences, with the same designation and rate for average, large and small. (6) Commercial /industrial. Owners of commercial /industrial class parcels shall pay a stormwater fee equal to the base rate multiplied by the numerical factor obtained by dividing the total impervious surface area of the parcel by one ERU. (7) Agricultural parcels. The stormwater management fee for agricultural parcels shall be the base rate multiplied by the number . of assigned ERUs as shown below: , Assignment of ERUs to Agricultural Parcels Parcel Size- Urban ERUs Up to one acre - 0.5 ERU Greater than 1 acre, up to and including 5 acres- 1 ERU - Greater than 5 acres, up to and including 20 acres: 1.5 ERU Greater than 20 acres, up to and including 40 acres- 2 ERU • Greater than 40 acres, up to and including 70 acres- 3 ERU • Greater than 70 acres, up to and including 100 acres- 4 ERU , Greater than 100 acres (parcel sizes in acres)- (parcel size) /(25) The minimum stormwater fee for developed parcels shall equal one half (1/2) the base rate. 12.10.110 Base rate. The base rate shall be calculated to provide adequate revenues to cover all costs allowable under applicable law that are incurred by the utility. The City Council adopts the annual base rate for the three (3) years shown: 61 Year $/year 2005 18.00 2006 27.00 2007 36.00 2008 45.00 2009 54.00 In 2009, the ongoing revenue requirements for the stormwater utility shall be reviewed and the annual base rates shall be adjusted or maintained as needed. 12.10.120 Adjustments to stormwater user's fees. Adjustments allowed under this section shall not be cumulative. Credits or waivers must be granted by the director by October 15 of a given year in order for the credit or waiver to be in effect for the following billing year. Credits or waivers are not retroactive to current or prior billings and are only in effect for the next billing year. Credits or waivers may be in effect for multiple future billing years provided that ongoing qualifying criteria are met. The director will take such time as necessary to process requests for credits or waivers in an orderly fashion. Late requests and related submittals of information may result in credits or waivers being granted too late to be applied to the following billing cycle. (A) Credits for qualified stormwater facilities. The City Council recognizes that some parcel owners have constructed or will construct private on -site stormwater quality and quantity mitigation facilities, which when properly operated and maintained will aid the City in controlling the overall effects of stormwater pollution. Parcels or portions of parcels with facilities that meet one of the criteria listed below, to the director's satisfaction, shall receive a reduction of 30% from the annual fee charged for that portion of the site draining to such facilities. (1) Any commercial /industrial /institutional parcel with a properly constructed and maintained stormwater retention facility that meets or exceeds the design requirements of the 2004 Department of Ecology Stormwater Management Manual for Eastern Washington or an equivalent design manual adopted by the City. Owners of subsurface stormwater infiltration systems shall provide evidence of compliance with the Washington State Underground Injection Control Program in order to receive the credit. (2) Any parcel that has an active and valid NPDES Industrial Stormwater Permit. A copy of the permit and the Stormwater 62 t, Pollution Prevention Plan (SWPPP),: shall be provided to the director. The property owner is responsible for providing all documentation necessary to demonstrate compliance with the above requirements. Documentation shall be by a licensed civil engineer with the state of Washington. In the event facilities or control measures address only a portion of the total parcel, the credit will be applied to only that affected portion. The customer must maintain any water quantity and /or quality control facility in accordance with Department of Ecology maintenance guidelines and appropriate practice to ensure proper function and effectiveness of the facility. Commercial /industrial /institutional parcel owners receiving credits shall agree to allow the City to periodically inspect the subject the stormwater facilities. The City may request documentation from facility owners to verify that proper maintenance has been performed. The City may notify owners in writing of maintenance needs or deficiencies. Failure to maintain the facilities within 30 days after written notice may be cause for termination of the adjustment authorized by this section. (B) Credit for rainwater harvesting systems. Upon review and approval by the director, owners of new or newly constructed commercial /industrial class buildings that utilize a properly constructed and maintained permissive rainwater harvesting system shall be eligible for a 10% credit applied toward that portion of their stormwater charge arising from the building upon which the system is used. Customers desiring this credit shall apply to the director and shall submit engineering design and operational information as deemed necessary by the director to make their evaluation and decision. Rainwater harvesting and beneficial reuse of the runoff is found by the City Council to both reduce the burden imposed upon the system by the building by reducing runoff and to also have other beneficial water quality effects such as reduced consumption of potable water. (C) Adjustments for Schools participating in stormwater educational programs. The City Council finds that many of the concerns about stormwater quality are created by a general lack of knowledge about the relationship between human activities and the health of the environment. The City Council also finds that public and private schools can provide regional benefits to the City's stormwater and surface water management program by carrying out certain types of educational and community activities related to protection and enhancement of surface water, groundwater, and stormwater quality. Kindergarten through grade 12 schools that are in compliance with ali requirements for their own 63 stormwater facilities, and that are carrying out surface water, groundwater, and stormwater quality educational and community activities in cooperation with the City may apply to the director for a credit towards their stormwater fee of up to 30 %. The amount of an approved credit shall depend upon the nature and extent of the programs and activities being performed. Schools shall pay the full charge until such time as a discount or waiver is granted by the director. (D) Waiver of utility fees for certain property. The director shall waive stormwater and surface water utility fees for a parcel falling within the following special categories of property upon a showing that the parcel meets the following applicable criteria for so long as the criteria are met. (1) Fees shall be waived for City streets and street rights -of -way, since they act as stormwater conveyance facilities during large floods. The City Streets fund also contributes to the proper operation, maintenance, repair, improvement, and construction of the street drainage system. (2) Fees shall be waived for state of Washington highway rights -of- way, so long as the state of Washington cooperates with the utility in the provision of services and maintains, constructs and improves all drainage facilities contained within such rights -of -way as required by the utility in conformance with all utility standards for maintenance, construction and improvement hereafter established by the utility and so far as such maintenance, construction and improvements shall be achieved at no cost to the utility or to the City. (3) Fees shall be waived for municipal, county, and state and federal parks, fishing areas, wildlife reserves, public trails and bike paths so long as their owners cooperate with the utility in the provision of educational services and water quality control efforts. Fees shall be waived to the degree that such property owners offset the costs of the utility to manage the burdens imposed by such parcels. Parks, trails and bike paths have minimal intensity of impervious development and provide opportunities for natural resource education and development of an appreciation for water quality. (4) Fees shall be waived for all vacant/undeveloped parcels. The City Council finds that such parcels generally have no improvements built on them, generate little to no traffic, utilize no chemicals, and generally are in a natural state, thereby imposing no burden upon the system and receiving no benefit from the utility's services and facilities. Information that a property categorized as vacant and undeveloped is being used otherwise may result in a loss of this waiver. 64 12.10.130 Property owners to pay fees. The owner of each non - exempt parcel shall pay the stormwater user's fee and charges as provided in this chapter. Property owners seeking adjustments or exemptions shall pay the full fee until such time that the adjustment or exemption is granted by the City. 12.10.140 Billing procedures and penalties for late payment. The charges as herein provided for shall be billed annually, shall be due and payable on or before the 30 day of April, and shall become delinquent thereafter if not paid. The owner of contiguous parcels having a single land use within the categories designated in section 7.80.100 of this chapter may receive a single billing for such parcels. `` Collection of delinquencies, interest, penalty, and costs of collection for delinquent utility service charges provided for herein shall be charged mo w. interest on the delinquent balance at the rate of five percent (5 %) per annum, computed on a monthly basis. In addition to any other remedies permitted by law, the City shall have a lien pursuant to RCW Chapter 35.67, as currently enacted or hereinafter amended, for all delinquent service charges, including interest thereon, against the real property for which the service charges are calculated. Said lien shall have the superiority, and may be foreclosed upon, as described in RCW Chapter 35.67, as currently enacted or hereinafter amended, or other applicable law. The director may excuse delinquencies of less than thirty (30) days. The City treasurer may use the services of a collection agency to collect delinquent service charges in the manner and to the extent provided in RCW 19.16.500 as currently enacted or hereinafter amended. The collection agency fee shall be added to the amount of the delinquent service charge. Costs associated with the foreclosure of the lien, including but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the City reasonable attorney's fees. 12.10.150 Appeals of fees. (A) Appeal to the director. If an owner of a parcel subject to this chapter, or other responsible party, believes the stormwater user's fee is 65 incorrect, the owner may appeal the correctness of the fee to the director within thirty (30) calendar days of the mailing of the billing for the fee. Such appeal shall be in writing and shall specify the grounds of the appeal - and the requested remedy. The director may make an adjustment to the charges consistent with the criteria provided in YMC 7.80.100 and YMC 7.80.120. Decisions of the director regarding such appeals shall be final unless appealed to the City Council in a timely manner in accordance with subsection (B). (B) Appeal to the City Council. The decision of the director of an appeal filed in accordance with subsection (A) may be appealed to the City Council. Such appeal must be in writing and filed with the City Clerk within thirty (30) calendar days of the date of the decision of the director. The written appeal must specify the grounds of the appeal and request a hearing before the City Council. The City Clerk shall set a time and place for the appeal hearing. At the hearing, the City Council shall make a final determination regarding the appeal based upon the criteria provided in sections 7.80.100 and 7.80.120 of this chapter. 12.10.160 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this chapter. 12.10.170 Effective Date of Service Charge. The stormwater fee shall go into effect within the City of Union Gap on January 1, 2005." Section 2. This ordinance shall be effective regardless of whether or not Yakima County and /or the City of Yakima passes a storm drainage and surface water management utility. Section 3. This ordinance shall be in full force and effect days after its passage, approval, and publication by law and by the City Charter. • PASSED BY THE UNION GAP CITY COUNCIL at a regular meeting and signed and approved this _ day of , 2004. 66 Aubrey Reeves, Mayor ATTEST: City Clerk Publication Date: Effective Date: ac 67 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. .0 For Meeting of: November 23, 2004 ITEM TITLE: Public Hearing on Legislation Creating a Stormwater Utility and a Request for Action SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON /TELEPHONE: Brett Sheffield, P.E. Surface Water Engineer, (509) 576 -6797 SUMMARY EXPLANATION: This Public Hearing is to present a Joint Stormwater Utility Ordinance between the cities of Yakima and Union Gap and Yakima County that creates legislation that would establish a Storm Drainage and Surface Water Management Utility (Stormwater Utility). The purpose of the Stormwater Utility would ultimately be to provide for compliance with State and Federal environmental law by providing stormwater programs and other services, stormwater facilities, and a funding source for the utility's revenue requirements. The Department of Ecology has stated that it is their intention to include, along with the mandates of the Clean Water Act, requirements derived from the Safe Drinking Water Act (UIC), Endangered Species Act (ESA), and water cleanup plans (TMDLs) pertaining to stormwater into the general permit. Therefore, the proposed (Continued on Pa: e Two) Resolution Ordinance X Other (Specify) Attachments Contract Mail to (name and address): Phone: Funding Source Interfund loan f 005 APPROVED FOR SUBMITTAL: ��4 y. City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council: A) conduct the Public Hearing on November 23, 2004 reviewing the proposed joint legislation establishing a Stormwater Utility and associated fees; and B) for Council to adopt the ordinance as presented with the fee schedule beginning in 2006. BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: Following the public hearing, the ordinance to create a stormwater utility was passed. ORDINANCE NO. 2004 -73 Page Two Stormwater Program and Utility mandated by state and federal law intends to address all of these requirements. After receiving direction from Council in September 2004, staff created a Joint Stormwater Utility Ordinance with Yakima County and the City of Union Gap to the degree possible given current state law. This agenda packet includes: • A memorandum from Konrad Liegel of Preston, Gates and Ellis; • The Joint Stormwater Utility Ordinance; • Comments received during the Public Hearing process and associated responses; and • A CD containing the Stormwater Management Manual for Eastern Washington (SMMEW), and copies of the emails from the Department of Ecology (DOE) announcing the publication of the final version of the SMMEW, • An email from Bill Moore of the DOE addressing the timing of the impending National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Permit. • Copy of the Notice of Intent filed by the City in March 2003 to apply for the NPDES Phase II permit once it is available. • Copy of the Council Decisions regarding the Stormwater Policy Elements. The. memorandum from Konrad Liegel describes the legal basis and current limitations for full regionalization of a stormwater utility between Yakima County and the cities and the necessary steps that need to be taken for achieving full regionalization. The joint ordinance was created so as many aspects of the stormwater management program would be the same as possible, initially, throughout the Yakima Valley so that the program would reflect the desired regional approach. This addresses the suggestion heard many times during the public hearings. Other changes made to the ordinance as a result of public comment include: • Establishing utility rates for only the first three years of the utility as opposed to the first five years. Rates are $18 /year per ERU in year 1, $27 /year per ERU in year 2, and $36 /year per ERU in year 3; • The definition of stormwater was changed to match the definition provided in the Stormwater Management Manual for Eastern Washington; • Minor verbiage changes to make it read more easily; and • Delaying the date that stormwater fees go into effect within the City of Yakima until January 1, 2006 to more closely align with the issuance of the NPDES Phase Page Three II permit - yet still offer some protection from third party liability under the Clean Water Act. Public comments were given and /or written comments were received at the City of Yakima Stormwater Utility Public Hearing on May 18, at the Board of County Commissioner's Stormwater Utility Public Hearing on May 24, at the Joint Stormwater Utility Public Hearing on June 1, and the August 17 City of Yakima Stormwater Public Hearing. Although some of the comments about the County's proposed utility do not necessarily to the City, there are enough overlapping elements that they are included as a part of this packet. On Septeniber 29, the Department of Ecology sent out an email stating that the P P gY g Stormwater Management Manual for Eastern Washington (SMMEW) was being prepared for final printing. This email was followed with an October 25 email stating that the SMMEW was available on Ecology's website. The City received its complimentary copy of the SMMEW during the first week of November. A CD containing the SMMEW is included with this packet. Chris Waarvick requested from Bill Moore information related to the timing of the Phase II permits. His response is included. It appears that the final Eastern Washington Phase II permit will be published near the end of 2005, at which time we will need to submit an application. The first five -year permit cycle begins when we send in our application. The Notice of Intent (NOI) that was filed with the Department of Ecology lists many of the elements that will need to be incorporated into our stormwater management plan. Additional required elements have been listed in the Model Municipal Stormwater Program for Eastern Washington. During the first half of this year, Council met to discuss, review and eventually decide on various .policy issues, surrounding the proposed stormwater utility. The attached spreadsheet shows the issues and Council's decisions. The City of Union Gap is going to have a Public Hearing on the proposed Joint Stormwater Utility Ordinance on November 22, 2004. The Board of County Commissioners has recently elected to postpone their decision with regard to formation of a Stormwater Utility until further public participation and recommendations of a yet to be established "citizen task force." Although this could also be an option for the City, it must be considered very carefully. At two different times (mid 1990s and recently), the issue of funding a stormwater management Page Four program to meet federal and state mandated regulations has been studied by joint City - County planning efforts. Both times, the recommendation has been to establish a stormwater utility with about the same rates (1990s - -$6 /month per ERU, Recently- - phase in rates beginning at $1.50 /month per ERU up to $4.50 /month per ERU over several years). Over $1 million have been spent on these two studies. Any additional studies will require more money that we do not have currently, with most likely the same or very similar results unless state or federal law changes. Recent citizen -based lawsuits have been brought upon Washington cities (Bellevue and Vancouver) stating that they are in violation of the Clean Water Act because they are discharging stormwater to surface waters without a permit. Even though the Department of Ecology, which has primacy over water quality issues for the State of Washington, has yet to provide a permit for Phase II communities to seek coverage under, the lawsuits would be based on the Environmental Protection Agency (EPA) deadline of March 10, 2003. After hearing of this, Yakima approached the Department of Ecology (DOE) with the request that DOE indemnify the City of Yakima during the period of federally required compliance with the Phase II regulations and the actual issuance of the permit. DOE's response was that the State is not in a position to do this, and this is consistent with past DOE discussions on this topic. Accordingly, there is potential exposure to third party litigation and liability to communities based upon the EPA regulatory deadline, in the absence of any formal action to initiate compliance effori:s. Recommendations Staff respectfully requests that Council: A) conduct the Public Hearing on November 23, 2004 reviewing the proposed joint legislation establishing a Stormwater Utility and associated fees; and B) for Council to adopt the ordinance as presented with the fee schedule beginning in 2006. Approving the stormwater ordinance as presented with fees beginning in 2006 for the mandated stormwater management program demonstrates to the public, DOE and EPA that Yakima is preparing to comply with the forthcoming permit; thus reducing potential liability exposure, yet being sensitive to the timing of the fees required to start compliance in earnest. Therefore, if Council desires to approve the staff recommendations above, the Stormwater Policy Issue (b) (minimal stormwater activities) in the 2005 Preliminary Budget would be amended to reflect the passage of the ordinance. While the ordinance creating the utility would be approved, fees would not be implemented until 2006 and $172,000 would be borrowed from the Wastewater Division in 2005 to support minimal program activities. Page Five Since fees will not be billed nor collected until 2006, Inter -Local Agreement #2, which provides for Yakima County to bill and collect the fees for the City, can come at a later date. \ ' S Model Municipal Stormwater Program for • for Eastern Washington i • •. . . . It 4 1 .41 ' 4 , c ' W Di. VII 1/,1,11 ., • -.. M , . '...:....r la .: Stormwater - . ■ k - 3.0...1--M.. ---;-,--- . Management :,,,,.. ` FOR EASTERN ....- . ...- .-..- WASHINGTON - . ,--- , I r - . r• gs • • 14/21n4V. li , .• a , :::, , , ' 4 —kit_ , t ' : , L•,...._, _ ...... ; . IC. I t 1( 1' AO ' .• . , 4 Iri ' ' -r.'... 4 v 4 -.0k _ _ . --7.1 7": 7 .13 • -""" a. 'It• '''. -;.. ' ' - s• , -..- ..,.• *,..- .- 4- ,. . . .4 :: ,...ragtoi, to.. ', - -- "Iro: ' . _ . -- , --14 - .1,‘,1 - . • k ..“ ------"•- — , 1" . . • a a.. i . .tr 1 ' - " i..., -.. r , . , 1, .' '.:4C:'"*"'"10Ki .. \ ,' S : ..' % "4. '` I ' ' ' 1 .- , ' i '. ,.■ ., li, K.. , . " .,': , , ' l t , : 1 '., - . .,..., , :11.- . , • - r -F. -• • • .'• v't- , 4. . ,,,......?. ' . . - iit - ... , '?,...0 , -. ....-.. ., - • .-.., : .-• ,-• _ - - ...L.-7-s • . - . - • ■ a l , ',' , . ' i '' , •:.1 c ... E *.,. y .,,,rti I i• , , : . , . 4-.... - ' , ' .1-• - "I ..... . -- or .r. .... . ,.._. . ..r. - 1 •,„1 !,,I., ,.: , . ,, , .. , i , ■•■ .. --,-,. :- • :-.A . , .....-, 7 .5) September 2003 Publication Number 03-10-076 WASHINGTON STATE 410 OEPAHTM L ENT G . 1 Origmal printed on recycled paper ECOOY STATz, OF, 'Co c 2 'NI ass � STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504 -7600 (360) 407 -6000 • TDD Only (Hearing Impaired) (360) 407 -6006 September 18, 2003 To Those Interested in Stormwater Management in Eastern Washington: We are happy to send you a complimentary copy of the enclosed final document. The Model Municipal Stormwater Program for Eastern Washington is the first of two products to be finalized by the Eastern Washington Stormwater Project steering committee and subcommittees. The Department of Ecology has been working with eastern Washington communities and other stakeholders to develop improved stormwater management tools in eastern Washington. As a result of a chartering meeting in June 2001, a steering committee was formed to work with Ecology and a consultant team was selected and placed under contract. The steering committee and Ecology have been managing this project in eastern Washington with the goal of completing stormwater management tools for use by jurisdictions and project proponents in eastern Washington. The objectives of the project are twofold: • Develop an eastern Washington technical stormwater manual that will serve as a commonly accepted standard for the management of stormwater in eastern Washington. The completed technical stormwater manual will address and integrate on -site stormwater management practices required by federal and state laws and will also provide for flexibility in meeting local needs. • Develop a model municipal stormwater program that describes programmatic stormwater management practices that. may be used by eastern Washington communities. The Model Program will describe a regionally and environmentally appropriate stormwater program that satisfies federal and state regulatory requirements and can be implemented by local governments. The Model Program will be constructed to ensure that local governments can address unique or specific issues within the context of the Model Program. The steering committee and Ecology conducted public workshops on draft versions of the stormwater manual and Model Program in October 2002 and June 2003. Public comments provided during the two official comment periods were considered in revision of the draft documents. Very few comments (-25) were received on the Model Program during the first comment period, so the second comment period « a i) Model Program Page 2 September 17, 2003 focused on the stormwater manual. Only one comment on the Model Program was received during the second public comment period. Enclosed is a courtesy copy of the final Model Program. We anticipate that the final stormwater manual will be completed early next year. In these documents you will find information on stormwater issues, regulations, practices, and technical guidance. Also enclosed is a CD containing electronic files, including Microsoft Word documents that you may find useful in customizing the Model Program for use in your local jurisdiction. Ecology would like to take this opportunity to thank all of the Eastern Washington Stormwater Project Steering Committee and Model Program Subcommittee members for their dedication and work in completing this document over the past two years. The steering committee members are: Nancy Aldrich, City of Richland Gary Beeman, Washington Dept. of Transportation, South Central Region Lloyd Brewer, City of Spokane, Model Program Subcommittee Co -Chair Michele Brich, Home Builders Association of Tri -Cities Ross Dunfee, Chair, Benton County John Knutson, Yakima County, Model Program Subcommittee Chair Don McGahuey, City of Wenatchee Tom Tebb, Washington Dept. of Ecology, Central Region Dwane Van Epps, City of Chelan Steve Worley, Spokane County (now at City of Spokane Valley) For additional project information, visit the project website at www.ecy.wa.gov /programs /wq /stormwater/ and follow the link to "Eastern Washington Stormwater News." If you have questions about this project, or would like more information on Ecology's stormwater activities in eastern Washington please call Karen Dinicola at (360) 407 -6550. Sincerely, / 41.- Richard K. Wallace, Manager Ross Dunfee, P.E., Ch. • Water Quality Program Steering Committee for Department of Ecology Eastern Washington Stormwater RKW:RDLkd:kh Enclosures y:\shared\ section \pds \sw \model_prop cvr_ltr ■ Stormwater Management J F O R E A S T E R N W A S H I N G T O N Model Municipal Stormwater Program for Eastern Washington WASHINGTON STATE DEPARTMENT OF ECOLOGY September 2003 Publication Number 03 -10 -076 tot Printed on Recycled Paper Model Municipal Stormwater Program for Eastern Washington Washington State Department of Ecology Water Quality Program September 2003 Publication Number 03 -10 -076 I Printed on Recycled Paper How to Get Printed Copies of the Stormwater Manual and Model Program If you have a credit card, you can order printed copies of the stormwater manual and model program at the following Internet address: https://wws2.wa.gov/prt/printwa/wsprt/default.asp You can also use this website to get price information and then send a check or money order payable to "Department of Printing" at the following address: Department of Printing P.O. Box 798 Olympia, WA 98507 -0798 Make sure you include your name, mailing address, phone number, and the name of the publication. Allow about two weeks for delivery. If you have questions about ordering the stormwater manual and model program please call the Department of Printing at (360) 570 -5555. How to Find the Stormwater Manual and Model Program on the Internet The Stormwater Management Manual for Eastern Washington and the Model Municipal Stormwater Program for Eastern Washington are also available on Ecology's Stormwater Homepage. The Internet address is: wvvw.ecy.wa.gov/programs/wq/stormwater/ If you need this publication in an alternate format, please contact us at 360- 407 -6401 or 777 (for the speech and hearing impaired) at 711 or 1 -800- 833 -6388. Table of Contents Chapter 1 — Introduction 1.1 Overview 1.2 Regulatory Framework 1.3 Organization of this Model Program 1.4 How to use this Model Program 1.5 Getting Ready for Phase II: What Should an Eastern Washington Community do to Prepare? 1.6 Funding Options 1.7 Acknowledgements Chapter 2 — Stormwater Public Education Program 2.1 Requirements 2.2 Benefits: Why this Program is Important 2.3 Model Program for Stormwater Public Education 2.4 Resources Chapter 3 — Stormwater Public Involvement/Participation Program 3.1 Requirements 3.2 Benefits: Why this Measure is Important 3.3 Model Program for Stormwater Public Involvement/Participation 3.4 Resources Chapter 4 — Illicit Discharge Detection and Elimination Program 4.1 Requirements 4.2 Benefits: Why this Program is Important 4.3 Model Program for Illicit Discharge Detection and Elimination 4.4 Resources Chapter 5 — Construction Site Stormwater Runoff Control Program 5.1 Requirements 5.2 Benefits: Why this Program is Important 5.3 Model Program for Construction Site Stormwater Runoff Control 5.4 Resources Chapter 6 — Post - Construction Stormwater Management Program 6.1 Requirements 6.2 Benefits: Why this Program is Important 6.3 Model Program for Post - Construction Stormwater Management 6.4 Resources September 2003 Table of Contents TOC -1 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7.1 Requirements 7.2 Benefits: Why this Program is Important 7.3 Model Program for Pollution Prevention/Good Housekeeping 7.4 Resources Chapter 8 — Evaluation and Assessment, Record Keeping and Reporting 8.1 Evaluation and Assessment 8.2 Record Keeping 8.3 Annual Reporting Chapter 9 — Cost Estimates 9.1 Cost Assumptions 9.2 How to use the Costing Spreadsheets 9.3 Stormwater Management Program Development Costs 9.4 Public Education Costs 9.5 Public Involvement Costs 9.6 Illicit Discharge Costs 9.7 Construction Program Costs 9.8 Post= Constr action Program Costs 9.9 Good Housekeeping Program Costs 9.10 Annual Report Costs TOC -2 Table of Contents September 2003 Table of Contents Chapter 1 - Introduction 1 -1 1.1 Overview 1 -1 1.1.1 Objective 1 -1 1.1.2 Intent 1 -1 1.1.3 Benefits of Implementing a Stormwater Management Program 1 -2 1.2 Regulatory Framework 1 -4 1.2.1 Background 1 -4 1.2.2 Phase I NPDES and State Waste Discharge Peunits for Municipalities 1 -4 1.2.3 Phase II NPDES and State Waste Discharge Permits for Municipalities 1 -5 1.2.4 Municipalities not Subject to NPDES Municipal Stormwater Permits 1 -6 1.2.5 Industrial Stormwater General Permit 1 -6 1.2.6 Construction Stormwater General Permit 1 -7 1.2.7 Underground Injection Control (UIC) Program 1 -7 1.3 Organization of this Model Program 1 -7 1.4 How to use this Model Program 1 -9 1.4.1 Common Terms 1 -9 1.4.2 Urbanized Areas and the Phase II NPDES Municipal Stormwater Permit 1 -9 1.4.3 Who Is Covered by the Phase II NPDES Municipal Stormwater Regulations?.. 1-11 1.4.4 What does Phase II Require? 1 -13 1.5 Getting Ready for Phase H: What Should an Eastern Washington Community do to Prepare? 1 -16 1.5.1 The Self- Analysis 1 -16 1.5.2 The Action Plan 1 -18 1.5.3 Ecology's NPDES Municipal Stormwater Permit Application for Phase II Jurisdictions 1 -20 1.6 Funding Options 1 -20 1.6.1 What Programs does Ecology have to Help Fund Water Quality Projects? 1 -21 1.6.2 Stormwater Utilities 1 -21 1.7 Acknowledgements 1 -21 1.7.1 Steering Committee 1 -21 1.7.2 Model Program Subcommittee 1 -22 Appendices 1 -23 Appendix lA — Stormwater Utility Code from Richland, WA 1A -1 Appendix 1B — NPDES Municipal Stormwater Permit Application for Phase II Jurisdictions 1B- I September 2003 Chapter 1— Introduction 1 -i Chapter 1 - Introduction 1.1 Overview 1.1.1 Objective The primary object of this Model Municipal Stormwater Program (Model Program) is to help local governments achieve compliance with National Pollutant Discharge Elimination System (NPDES) Phase II Municipal Stormwater requirements and protect both ground and surface water quality. A steering committee including representatives of eastern Washington cities and counties further elaborated on the objective of the Model Program: "...to describe a regionally and environmentally appropriate Phase II stormwater program that satisfies federal and state regulatory requirements, and that can be implemented by local government. The Model Program will be constructed to assure that local governments can address unique or specific issues within the context of the Model Program." (from the chartering meeting held June 2001) It is envisioned that the Model Program described herein can assist eastern Washington communities (elected officials, staff, and citizens) that must plan and implement programs to comply with Phase II NPDES Municipal Stormwater regulations and protect local water quality. It is also envisioned that the Model Program will describe how the state and federal requirements can be implemented in a way that is the most economical, as well as meaningful and beneficial to the citizens and environment of eastern Washington. It is further envisioned that the Model Program will provide useful information for non - regulated communities that are seeking to implement stormwater management activities to protect local water quality. 1.1.2 Intent It is the intent of this document to provide and describe a Model Program that can help communities more easily understand and implement the requirements of a combined state Waste Discharge and federal NPDES Permit. The elements of this Model Program will form the basis of the primary requirements and conditions that will be set forth in Ecology's eastern Washington Phase II NPDES Municipal Stormwater Permit. The sections of this Model Program will: 1. Provide guidance to communities concerning what is required under the Phase II municipal stormwater permit, the potential consequences of not having a permit or not complying with permit September 2003 Chapter 1— Introduction 1 -1 conditions, and the basic record keeping and reporting requirements. 2. Provide guidance and examples on what can be done to comply with each permit requirement. Examples may include: educational programs, plan review processes, construction site inspection and enforcement activities, examples of required local ordinances, annual inspection and maintenance activities, a program for detecting and eliminating "illicit discharges." 3. Provide examples of activities that are already occurring in communities that can count toward permit compliance and reduce the overall cost of the program. 4. Explain to communities the benefit of implementing a stormwater program. 5. Identify the organizational structures and costs related to meeting each permit requirement (staffing, equipment, planning, etc.). 6. Estimate the costs associated with each permit requirement for two hypothetical Phase II communities (larger and smaller populations). 7. Provide examples of possible funding sources and mechanisms. 1.1.3 Benefits of Implementing a Stormwater Management Program Developing and implementing a comprehensive municipal stormwater management program as described in this Model Program can result in a wide array of benefits for cities, counties, and the environment. Successful implementation of a stormwater program that addresses identified minimum control measures has the potential to generate positive impacts and benefits related to water quality, municipal operations, preservation of green space, and other aspects of a community's quality of life (e.g_, r and health and cafitv)_ T Tltimately, these types of benefits can translate into economic benefits for cities and counties as a result of factors such as more efficient and cost - effective operating practices, increased property values, and increased revenues from recreation and tourism. Provided below is a description of the various benefits that cities and counties in eastern Washington may generate through implementation of the Model Program. Poorly managed stormwater can contribute high levels of pollutants such as excess sediment, nutrients, bacteria, and heavy metals as runoff travels over land and discharges into receiving rivers, lakes, streams, and ground water. Improving water quality is a primary achievement of managing stormwater that can generate a host of related benefits for cities and counties. Stormwater management programs recognize the potential impacts of unchecked stormwater runoff: accelerated stream flows, 1-2 Chapter 1— Introduction September 2003 destruction of aquatic habitat, modified natural hydrologic patterns, and elevated pollutant concentrations. A stormwater management program that promotes or requires advanced land use practices can minimize negative chemical, physical, and biological impacts and produce water quality improvements over time. A successful stormwater management program that improves water quality can help to ensure that rivers, lakes, streams, and ground water meet regulatory water quality standards, the measuring stick that identifies a need for additional pollution controls such as Total Maximum Daily Loads (TMDLs) or other water cleanup plans. Avoiding the need for such additional pollution controls or limiting development can translate into cost savings for cities and counties. Sound stormwater management programs can also play an important role in reducing the number of impaired water bodies due to bacteria levels and reducing the need for additional expensive treatment technologies for drinking water supplies. In addition to water quality benefits, stormwater management programs can provide cities and counties with a framework and measures to conduct operational activities in a more efficient and cost - effective manner. Management practices that seek to prevent pollutants from entering the storm sewer system (e.g., construction best management practices and illicit discharge detection and elimination practices) will reduce the need for costly system maintenance and repair activities. Through the various reporting mechanisms required in stormwater management programs, cities and counties will establish the ability to track activities and expenditures related to stormwater management activities, thereby improving communication and coordination among responsible departments and with citizens. As mentioned earlier, stormwater management programs can produce a ripple effect in terms of benefits. Other benefits to consider include enhanced fishing and opportunities for recreation. Stormwater management helps to reduce pollutants that can harm important fish habitat and minimize the contaminants that make fish unsafe to eat — often the same pollutants that make swimming and boating unsafe. Stormwater quantity is often addressed through stormwater management techniques intended to improve water quality. Effective management techniques help to limit increases in impervious surface, thereby decreasing the quantity and velocity of stormwater runoff and minimizing flooding events. Stormwater management programs can help promote maintaining green spaces in the community, improve visual appearance of waterways, and promote cleaner, more attractive sites on land (e.g., better maintained parking lots, industrial sites, and municipal facilities). September 2003 Chapter 1— Introduction 1 -3 1.2 Regulatory Framework 1.2.1 Background The federal Clean Water Act is the primary federal law protecting water quality and includes the National Pollutant Discharge Elimination System (NPDES) permit program. Point source discharges to waters of the U.S., including stormwater and wastewater discharges, are regulated through NPDES permits issued by the U.S. Environmental Protection Agency (EPA) or by delegated states. In Washington, NPDES permits are issued and implemented by the Washington State Department of Ecology (Ecology). The Water Pollution Control Act, chapter 90.48 RCW, is the primary Washington State law protecting water quality. Ecology combines the federal NPDES regulations with pertinent state regulations and issues combined permits that regulate discharges to waters of the U.S. and waters of the state. These permits are designed to satisfy NPDES permit requirements under the federal Clean Water Act and state law under the Water Pollution Control Act. "Waters of the state" means all lakes, rivers, ponds, streams, inland waters, ground waters, salt waters, and all other waters and water courses within the jurisdiction of the state of Washington (Chapter 173 -216- 030(20) WAC). The stormwater portion of the federal NPDES regulations has been implemented in two phases. Phase I addressed stormwater discharges by large and medium municipal separate storm sewer systems (MS4s) and certain industrial activities, including construction sites disturbing more than five acres. The term "separate" means that wastewater such as sewage is not combined with stormwater runoff. The Phase I stormwater regulations were published in 1990. Phase II addressed MS4s in smaller municipalities and construction sites disturbing between one and five acres; those regulations were adopted in 1999. 1.2.2 Phase I NPDES and State Waste Discharge Permits for Municipalities Certain municipalities and other entities are subject to permitting under the U.S. Environmental Protection Agency (EPA) Phase I stormwater regulations (40 CFR Part 122). In western Washington, Ecology has issued combined NPDES and state Waste Discharge permits to regulate the discharges of stormwater from the municipal separate storm sewer systems (MS4s) operated by the cities of Seattle and Tacoma and in Clark, King, Pierce, and Snohomish Counties. The Washington State Department of Transportation (WSDOT) is also a Phase I municipal stormwater permittee for its stormwater discharges within the jurisdictions of the above cities and counties. There are no cities or counties covered under Phase I municipal stormwater permits in eastern Washington. 1 -4 Chapter 1— Introduction September 2003 As a condition (Special Condition S7.b.8.a.) of the permits issued in July • 1995, these entities are required to implement stormwater programs that must include: "... ordinances [except WSDOT's program], minimum requirements and best management practices (BMPs) equivalent to those found in Volumes I -IV of Ecology's Stormwater Management Manual for the Puget Sound Basin (1992 edition, and as amended by its replacement)...." These entities had until the end of the permit terms, July 2000, to comply with this requirement. Ecology has administratively extended these municipal permits until it can reissue updated permits. In the reissued permits, Ecology intends to include a special condition similar to the above with a reference to the new Stormwater Management Manual for Western Washington (August, 2001). Ecology intends to add a deadline or deadlines within the term of the permit for compliance with the condition. 1.2.3 Phase II NPDES and State Waste Discharge Permits for Municipalities EPA adopted Phase II stormwater regulations in December 1999. Those rules identify additional municipalities as subject to NPDES municipal stormwater permitting requirements. An initial estimate is that 100 cities and 13 counties (17 cities and 8 counties in eastern Washington) will be subject to the requirements; 9 of these municipalities (including 2 cities in eastern Washington) have been tentatively granted waivers due to the small populations served by those jurisdictions' MS4s. Ten additional municipalities in Washington State (five in eastern Washington) may be subject to the requirements, depending upon an analysis that Ecology must perform. Those communities that are designated as Phase II communities were required to submit an application for permit coverage by March 10, 2003. Ecology developed an application form for communities to use; the application form requested information on current and proposed stormwater management programs. The federal regulations specify minimum measures for the stormwater programs developed to comply with the Phase II permits. A more detailed description of these minimum measures is found in section 1.4.4 and in the individual chapters of this Model Program. To at least partially fulfill these requirements, Ecology intends to require Phase II municipalities in eastern Washington to adopt ordinances and implement minimum measures and Best Management Practices (BMPs) equivalent to those in this Model Program and in the Stormwater Management Manual for Eastern Washington (Manual). September 2003 Chapter 1 — Introduction 1 -5 Under the Phase II rules, municipalities may be subject not only to the requirements of MS4 owners and operators, but also to two other components of the federal NPDES stormwater program, also delegated to Ecology for implementation: • The Industrial Stormwater General Permit as an operator of regulated industrial activity (ten categories), described below in section 1.2,5 • The Construction Stormwater General Permit as an operator of regulated construction activity (more than one acre of land disturbed), described below in section 1.2.6 Each of the three (municipal, industrial and construction) components of the NPDES stormwater program has its own separate requirements and permits. However, it is possible that Ecology could issue one individual permit that covers all of a municipality's industrial, construction, and MS4 activities. The requirements of all three components of the stormwater program would be in the permit, but only one permit would be required. 1.2.4 Municipalities not Subject to NPDES Municipal Stormwater Permit Requirements Municipalities not subject to NPDES stormwater municipal permits are encouraged to adopt stormwater programs at least equ t the M Program; adoption of this program is voluntary. Those municipalities adopting the Model Program would benefit by: helping to protect local ground and surface water sources from stormwater pollution, reducing potential flooding concerns, and ensuring that their storm drain system is properly maintained. This program would include adoption of ordinances and implementation of minimum measures, including Best Management Practices (BMPs). 1.2.5 Industrial Stormwater General Permit (NPDES and State Waste Discharge Baseline General Permit for Stormwater Discharges Associated With Industrial Activities) Businesses subject to the Industrial Stormwater General Permit have to prepare and implement a Stormwater Pollution Prevention Plan in accordance with the terms of that permit. The general permit, which was reissued August 2002, requires a description and implementation of operational source control BMPs and structural source control BMPs as applicable to their industrial activity. Additionally, application of erosion and sediment control (ESC) BMPs, flow control BMPs, and treatment BMPs is required if necessary to address an erosion, flow, or pollution problem. The Stormwater Management Manual for Eastern Washington can be used to select and design stormwater BMPs for industrial sites eastern Washington. 1 -6 Chapter 1— Introduction September 2003 Municipalities with a population of less than 100,000 served by MS4s were provided a temporary exemption from permitting requirements for all categories of industrial activities except for airports, power plants, and uncontrolled sanitary landfills that are regulated under the Phase I rules. The exemption was lifted under the Phase II rules, and smaller municipalities are now required to seek permit coverage for these previously excluded industrial activities. 1.2.6 Construction Stormwater General Permit (NPDES and State Waste Discharge General Permit for Stormwater Discharges Associated With Construction Activity) Operators of construction activities are required to seek coverage under the Construction Stormwater General Permit if the activity results in the disturbance of five acres or greater (including clearing, grading, and excavation activities) and also has a discharge of stormwater to a surface water and/or to a storm drain used to convey water to a stream, lake, or wetland. Beginning March 10, 2003, the U.S. Environmental Protection Agency's Phase II Rule (Federal Register, Vol.64, No. 235, pages 68722 - 68852) requires operators of "Small Construction" activities disturbing greater than one acre of land to obtain an NPDES permit before discharging stormwater to a surface water or storm drain. The Construction Stormwater General Permit requires the development and implementation of a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP must detail the various Best Management Practices (BMPs) that will be used during construction to prevent erosion and sedimentation that could impact downstream water quality. This Manual may be used by project proponents and others in the development of the SWPPP and in the selection, design, and application of erosion and sediment runoff control BMPs. 1.2.7 Underground Injection Control (UIC) Program One of the provisions of the federal Safe Drinking Water Act is to protect underground sources of drinking water (USDW). The Underground Injection Control (UIC) Program was established to protect USDW by regulating the discharges of fluids into the subsurface by underground injection wells. In 1984 Ecology adopted Chapter 173 -218 WAC to implement the program. Subsurface infiltration systems, such as drywells, are classified as Class V injection wells in the EPA's federal UIC program. The two requirements of the UIC program are: September 2003 Chapter 1— Introduction 1 -7 • A non - endangerment performance standard must be met, prohibiting discharges that allow movement of fluids containing contaminants into potential underground sources of drinking water, and • All UIC facility owners /operators must provide inventory information by registering the facilities. Under the federal UIC regulations, the definition of an underground injection well is a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; a dug hole whose depth is greater than the largest surface dimension; an improved sinkhole; or a subsurface fluid distribution system which includes an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground. Examples of a UIC well or a subsurface infiltration system are drywells, drain fields, pipe or French drains, and other similar devices that discharge to ground. Note: Ecology is proposing to revise the existing UIC rule (Chapter 173- 218 WAC). The proposed changes to the rule include rule authorization for properly managed stormwater from defined sources to be discharged to subsurface infiltration systems. Proper management would be based on following applicable best management practices as described in Ecology's current regional stormwater manuals or an approved equivalent manual. This Manual will be the applicable manual for eastern Washington. For more information about the rule revision contact Mary Shaleen- Hansen at maha461@ecy.wa.gov or (360) 407 -6143. Information on the UIC Rule can also be accessed through Ecology's website at: http://wwvv.ecy.wa.gov/programs/wq/grndwirluic 1.3 Organization of this Model Program To accomplish the objectives described in Section 1.1, this Model Program includes BMPs, measurable goals, and guidance on the following: • Chapter 2 — Stormwater Public Education Program • Chapter 3 — Stormwater Public Involvement/Participation Program • Chapter 4 — Illicit Discharge Detection and Elimination Program • Chapter 5 — Construction Site Stormwater Runoff Control Program • Chapter 6 — Post - Construction Stormwater Management Program • Chapter 7 — Pollution Prevention/Good Housekeeping Program • Chapter 8 — Evaluation and Assessment, Record Keeping and Reporting • Chapter 9 — Cost Estimates 1-8 Chapter 1— Introduction September 2003 1.4 How to use this Model Program 1.4.1 Common Terms The stormwater Phase II regulations apply to certain governmental entities that own or operate municipal separate storm sewer systems (MS4s). Typically, this is a city or county public works department (or equivalent). A Municipal Separate Storm Sewer System (MS4), when combined with state law, means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man -made channels, storm drain pipes, subsurface infiltration systems (drywells and infiltration trenches), detention systems, and stormwater quality facilities. An operator of an MS4 can be a town, city, county, Washington State Department of Transportation, a tribe, or special district (drainage improvement district, flood control district, etc.) and may include state owned facilities (universities, prisons, hospitals, etc.). An MS4, which carries only stormwater, is separate and distinct from a combined sewer which carries both stormwater and wastewater. A combined sewer is a sewer system designed to convey commingled wastewater and stormwater runoff to a wastewater treatment plant. Where treatment plant or pipe capacity is inadequate during wet weather, the excess combined sewage discharges from the system at designated outfalls (termed combined sewer overflows). Under the federal rules, only a subset of small MS4s need to apply for a Phase II permit. These are termed `regulated small MS4s.' Regulated small MS4s are defined as all small MS4s located in "urbanized areas" (UAs) as defined by the Bureau of the Census, and those small MS4s located outside of a UA that are designated by NPDES permitting authorities. 1.4.2 Urbanized Areas and the Phase II NPDES Municipal Stormwater Permit In eastern Washington, there are five urbanized areas: • Clarkston, WA and Lewiston, ID • Spokane • Tri- Cities (Kennewick , Pasco, Richland) • Wenatchee • Yakima Western Washington has the following urbanized areas: • Bellingham • Longview September 2003 Chapter 1— Introduction 1 -9 • Marysville • Mount Vernon • Olympia -Lacey • Vancouver, WA and Portland, OR • Seattle, WA (includes Everett and Tacoma) An Urbanized Area is a land area composed of one or more central places and the adjacent surrounding area (urban fringe) that together have a residential population of at least 50,000 and a density of at least 1000 people per square mile. Other MS4s may be designated as needing a permit based on application of criteria to be developed by the permitting authority (Ecology). The criteria must evaluate whether stormwater discharges result in or have the potential to result in exceedances of water quality standards, including impairment of designated uses, or other significant water quality impacts, including adverse habitat and biological impacts. The federal Phase II stormwater regulations require the stormwater program to be implemented only within these urbanized areas. However, these urbanized areas do not generally follow city and county boundaries. Phase II communities, for ease of implementation, may want to implement the program jurisdiction -wide instead of only within the urbanized areas. For Phase II counties where only a small portion of the county is in the urbanized area, the county may want to implement the program within the urban growth boundary or other planning boundary or similar urban area. When identifying the area of implementation of their stormwater programs, communities may want to consider areas of significant development and industrial or commercial land uses that are outside of the urbanized area and discharge to their storm drain system. Ecology, in coordination with local governments, must consider the following when identifying the coverage area for the Phase II permit: • Where the urbanized area dues not follow city/courtty boundaries. The census defined urbanized area does not follow city and county boundaries. Therefore, for cities where only a small portion of the jurisdiction is outside of the urbanized area, it may be easier to apply the Model Program to all areas. • Where the urbanized area includes a combined sewer area. Some areas of eastern Washington contain combined sewer systems. Areas drained by combined sewers are not addressed in the Phase II regulations, but are instead addressed by the Combined Sewer Overflow Reduction Program. Cities and counties served by combined sewers should coordinate the development and implementation of these programs and practices jurisdiction -wide. • Where parts of the urbanized area discharge to ground through subsurface infiltration systems or do not drain to waters of the U.S. 1 -10 Chapter 1— Introduction September 2003 NPDES municipal stormwater permits are not required in areas that do not drain to waters of the U.S. For cities or counties with numerous drywells and outfalls to surface waters, this could result in a patchwork program where Phase II requirements apply in some areas or to some stormwater discharges, but not others. Phase II jurisdictions may want to consider applying this Model Program across all areas and discharges. The state's Water Pollution Control Act (RCW 90.48) requires that discharges to all waters of the state be managed to protect water quality. The state's UIC rule will require cities and counties to manage stormwater discharges to UIC wells. Stormwater management programs developed in compliance with the Phase II Municipal Stormwater Permit and with this Model Program may assist in complying with those UIC regulations. • Where the urbanized area is only a small portion of a jurisdiction. This especially applies to counties, where the urbanized areas are generally only a small portion of their jurisdictions. While many cities may choose to apply the Model Program jurisdiction -wide, counties may choose to apply the program, or some portions of the program, in only the urban and urbanizing portions of the county. (In addition, counties' stormwater programs will need to be implemented in unincorporated "islands" within incorporated cities that fall within the urbanized area.) • Where the urban growth boundary is located with respect to the census defined urbanized area boundary. Ecology is considering whether coverage under the Phase II municipal stormwater permit should be based on the Urban Growth Boundaries established by cities and counties under the state Growth Management Act. A coincident boundary may ease program implementation in the long run. • Where there are unincorporated islands within a city. The Phase II stormwater regulations apply to all storm drain systems within urbanized areas. Where a city has an unincorporated island within the city boundary, this unincorporated island is subject to the permit, but responsibility for compliance falls to the county. These unincorporated islands present an excellent opportunity for city and county agencies to cooperate on developing a joint stormwater program. 1.4.3 Who is Covered by the Phase II NPDES Municipal Stormwater Regulations? Cities and counties in eastern Washington are required to apply for stormwater Phase II permit coverage if they meet all of the following conditions: • Own and operate a municipal separate storm sewer system (MS4), • Discharge from the MS4 to surface waters,. September 2003 Chapter 1— Introduction 1 -11 • Are within a census - defined urbanized area or are otherwise designated by Ecology. The Phase II stormwater regulations apply only to discharges to surface waters. Communities that do not discharge to surface waters are not required to apply for NPDES stormwater permits. The following cities and counties in eastern Washington are potentially covered by the Phase II stormwater regulations. Cities and counties in the census - defined urbanized areas that meet the three conditions above must develop and implement a stormwater management program. Designated Phase H Jurisdictions Located in Census - Defined Urbanized Areas The Phase II regulations require coverage for the following cities in the five urbanized areas of eastern Washington, as defined by the 2000 Census: • Asotin • Clarkston • East Wenatchee • Liberty Lake - I_ f e Ywick • Millwood • Pasco • Richland • Selah • Spokane • Spokane Valley • Union Gap • Wenatchee • West Richland • Yakima The census - defined urbanized area of the following counties in eastern Washington: • Asotin County • Benton County • Chelan County • Douglas County • Franklin County • Spokane County • Walla Walla County • Yakima County The Phase II stormwater regulations address runoff from the urban areas of the cities and counties listed above. If runoff from agricultural land is discharging to a municipal storm drain system and contributing to a water 1-12 Chapter 1— Introduction September 2003 quality problem, then the community should work to resolve those discharges. Communities with less than 1,000 people in the urbanized area served by MS4s may be exempt from Phase II stormwater permitting requirements. Ecology has notified nine communities (two in eastern Washington) that are tentatively eligible for this waiver based on analysis of the census data. Other jurisdictions may still petition Ecology for a waiver based on this criterion. Tentative Waiver Cities The following eastern Washington communities with less than 1,000 people served by MS4s are tentatively exempt from Phase II stormwater permitting requirements: • Moxee • Rock Island Cities listed below as potentially designated jurisdictions may need to develop a stormwater program, if designated by Ecology as subject to permit coverage. Ecology must develop criteria by which to evaluate these cities and plans to conduct a public process for doing so. The criteria, once established, may be applied to any jurisdiction in the state. Potentially Designated Cities (Require Evaluation by Ecology) In addition to those communities that require mandatory coverage, Ecology must evaluate the following eastern Washington communities with more than 10,000 in population and a density of 1,000 persons per square mile or greater: • Ellensburg • Moses Lake • Pullman • Sunnyside • Walla Walla 1.4.4 What Does Phase II Require? The Phase II stormwater regulations specify that an operator of an MS4 must implement a program of stormwater management activities to protect water quality. The program must at least address the minimum requirements shown in Table 1.1. These requirements are described in detail in future chapters of this Model Program. The federal regulations do not require Phase II jurisdictions to inspect industrial sites. Ecology is responsible for inspecting industrial sites to ensure compliance with the statewide Industrial Stormwater General Permits. Phase II communities will still be expected to investigate reports of illicit discharges to their storm drain systems at industrial sites, review September 2003 Chapter 1— Introduction 1 -13 erosion and sediment control plans for construction of new industrial sites, and implement other aspects of their stormwater management programs that are generally applicable jurisdiction -wide. 1 -14 Chapter 1— Introduction September2003 Table 1.1- Summary of the Minimum Stormwater and Surface Water Management Program Requirements 1. Public education and outreach — Develop and distribute educational materials and conduct public outreach aimed at informing citizens about the impacts of polluted stormwater as well as ways to minimize their contribution to pollution. 2. Public involvement and participation — Involve the public in stormwater management program development and implementation. 3. Illicit discharge detection and elimination — Develop and implement a program of detecting and eliminating illicit discharges to the storm drain system. This includes storm system mapping, dry weather sampling, and citizen information activities. 4. Construction site stormwater runoff control — Develop, implement, and enforce a program and standards to control/prevent construction site erosion and sediment discharges from construction sites which disturb one or more acres of land. This includes preparation of a construction site stormwater pollution prevention plan (SP3). 5. Post - construction stormwater management — Develop, implement, and enforce a program and standards to control/prevent the discharge of polluted runoff from new development and redeveloped sites. This can include structural treatment and detention systems as well as resource protection measures (wetland protection, habitat protection, etc.) and pollution prevention planning. 6. Pollution prevention, or "good housekeeping," for municipal operations — Develop, implement, and enforce a program to control /prevent the discharge of polluted runoff from municipal operations (road maintenance, vegetation management, storm drain maintenance, etc.). 7. Compliance with more stringent conditions — Measures beyond the six above may be needed to achieve Total Maximum Daily Loads (TMDLs) or other cleanup plans to meet federal Clean Water Act requirements to restore beneficial uses of impaired water bodies. 8. Evaluation and Assessment — Evaluate the program's compliance with permit conditions and the effectiveness and appropriateness of the identified Best Management Practices. Keep records and report to the permitting authority (Ecology) and notify them of any changes in activities as a result of the program evaluation and assessment. September 2003 Chapter 1— Introduction 1 -15 Development of a Phase II- compliant stormwater management program may necessitate additional staff, office space, equipment, and funding mechanism. Some cities and counties are already implementing some of these stormwater management requirements and will not need to add significant staff or other resources to implement the Model Program. As a practical matter, implementing a stormwater management program to address the minimum requirements of a combined NPDES and state Waste Discharge Permit may require that many operators of small MS4s (typically counties and cities) do the following things: • Integrate a stormwater management program into their organizational structure. • Hire additional staff to carry out the work (public involvement and education, plan review, inspection and enforcement, maintenance, planning, complaint response, management, etc.). • Find additional office space for staff • Obtain additional office, field, and maintenance equipment • De and adopt ongoing funding method(s) • Develop and adopt various legal ordinances • Conduct ongoing stormwater and surface water planning efforts Chapter 9 provides cost estimates for implementing the Model Program and spreadsheets that communities can use as a planning tool. 1.5 Getting Ready for Phase II: What Should an Eastern Washington Community do to Prepare? In order to prepare for the development of a stormwater management program, a community should conduct a self-analysis to assess its current programs and policies and develop an action plan to help identify what needs to get done. This Model Program serves as a tool for developing a stormwater management program unique to a jurisdiction's local needs and structure. The information in this section is adapted from a presentation by the American Public Works Association (APWA) on the Phase II stormwater program during a series of workshops in 2001 -02. 1.5.1 The Self- Analysis Begin by asking the following questions: • Do I understand the regulations? Each chapter of this Model Program describes the Phase II requirements for that program element. For additional information on the Phase II requirements, EPA has published a series of fact sheets on 1 -16 Chapter 1— Introduction September 2003 the Phase II rules on its web site. In terms of deadlines, EPA requires permit coverage by March 10, 2003; however, Ecology will probably issue the Phase II general permit after this deadline. Designated Phase II jurisdictions were required to submit an application for an individual NPDES municipal stormwater permit to Ecology by March 10, 2003. Once the general permit for municipal stormwater discharges in eastern Washington is developed, another application form will be developed and a deadline established for its submittal. • Am I subject to the regulations? Section 1.4.3 of this chapter describes who is covered by the Phase II municipal stormwater regulations. Additional cities may be designated by Ecology based on water quality issues, and some cities may be waived from coverage. • Why worry about stormwater? The stormwater regulations exist to address and prevent water quality problems caused by stormwater runoff. Stormwater, as it runs off city streets, parking lots, construction sites, and other areas, picks up pollutants such as oil, grease, nutrients, and sediment and deposits them into our waterways. Designated Phase II cities and counties are required by federal law to develop stormwater programs to prevent, control, and reduce concentrations of these pollutants in stormwater runoff before it reaches receiving waters. Failure to comply with the regulations, or submit an NPDES permit application to Ecology, can result in fines from both Ecology and EPA. In addition, citizens can file suit against a municipality for failure to comply with the Clean Water Act. Finally, negative publicity can result if a municipality fails to "do its part" to protect the environment. • What do you know about your stormwater system? This is an excellent time to inventory your stormwater system and fmd out exactly what you have. For example, do you have a map of the pipes, ditches, outfalls, drywells, and other structural stormwater facilities in your jurisdiction? Do you know who discharges • stormwater to your storm drain system? Is there another city or county that discharges to your system, or are there certain industries that may contribute significant pollutants to your system? What types of flood control or water quality practices are already in place? • Do you discharge to surface waters, and what is their condition? The NPDES stormwater regulations apply only where there is a discharge to surface waters. Identify the places you discharge to surface waters and fmd out the character and quality of those waters. What are the designated uses for these waters and are there pollutants September 2003 Chapter 1— Introduction 1 -17 • currently impacting these waters? Are any of these waters listed as impaired on Ecology's 303(d) list? Who is currently using these receiving waters? What is the impact of your stormwater discharges on these receiving waters? • Inventory your current practices and programs After reviewing this Model Program, develop an inventory of your current practices and programs that can be used to implement a stormwater program. Do you currently have a public education program or a program to address spills to your storm drain system? The Eastern Washington Model Program Subcommittee conducted a survey of current stormwater programs and practices used by about twenty cities and counties. The results of this survey are available from Ecology. • Identify who can help Identify groups who can help in either the development or implementation of your stormwater management program. This could include local stakeholders, neighboring Phase II communities, and Ecology. For example, local stakeholders including citizens, interest groups, businesses, and construction operators are impacted . by the stormwater management program and will also have some role in ultimately paying for the program. Neighboring Phase II communities may be willing to share information or partner in a strategic relationship to share resources. Also, Ecology has various programs that can provide assistance to local government on water quality issues. • What benefits do you want your stormwater program to achieve? Finally, identify the overall goals for your stormwater program. Is the primary goal of your program to achieve regulatory compliance with Phase II regulations, improve water quality in local streams, improve the operating effectiveness of your storm drain system and reduce flooding, improve citizen awareness and support for stormwater management issues, and/or increase the financial resources devoted to managing stormwater? A clear set of goals will help direct your development of a stormwater management program. 1.5.2 The Action Plan After conducting a self - analysis, the next step for a Phase II community is to develop an action plan that describes how the community will meet the Phase II requirements. This could be a simple document that addresses the following topics: • Create a planning process • The first step in creating a planning process is to identify and assemble the primary stormwater players within the local government. These 1 -18 Chapter 1— Introduction September 2003 are city /county departments with a potential role in stormwater management, such as public works, planning, parks and recreation, and legal counsel. Each department should have a designated stormwater contact who understands which requirements apply to that department. • Develop a time schedule Develop a schedule working backwards from the deadline when your permit application is due. If you submitted an application by the March 10, 2003 deadline, that information will be very helpful in completing the application for the general permit. Be sure to budget sufficient time for coordination with local departments, development of your stormwater management program plan, identification of funding, public review, and council approval. • Develop a plan approval process Identify who should approve your stormwater management program plan, primarily the major stakeholders in your area. Also identify who must approve your plan. This will consist initially of your city /county council, but may also include Ecology. • Determine your Phase II strategy Using the goals identified in the last step of your self - analysis, determine what you would like your stormwater management program to look like. Are you trying to develop a program that meets the minimum legal requirements, a program that addresses specific local water quality problems, a program that is the "best we can afford," or a program that is the "best the city council will approve "? Consider your tolerance for risk. A program that does not address specific local water quality concerns could be challenged down the road. Also, consider what is realistically achievable. Are there financial limitations or pollutant sources impacting water bodies that are outside the control of the jurisdiction? • Create and use a technical support network From your self - analysis, identify neighboring Phase II communities and investigate forming partnerships with one or more of them to coordinate planning efforts or share resources. Also get to know the Ecology stormwater staff, educate them on your local issues, and participate in policy and permit development. Consider forming a technical advisory panel on stormwater. Also include local businesses and industry representatives along with local citizen groups on a stormwater advisory panel. September 2003 Chapter 1— Introduction 1 -19 • Determine the BMPs and measurable goals of your program Using this Model Program as a guide, determine the BMPs and measurable goals you will use for each of the minimum measures. Set timeframes for when certain activities will be completed. • Establish an implementation plan for your stormwater program Estimate the type and amount of staffing required to implement your stormwater management program. Chapter 9 includes additional information on how you can estimate the cost of a stormwater management program. Include in your cost estimate both start-up costs and on -going program costs. Also establish institutional frameworks such as memoranda of understanding that are necessary to implement the program. Determine your compliance and enforcement procedures, assign responsibilities to the appropriate departments and staff members, and determine how you will evaluate and report on the program. 1.5.3 Ecology's NPDES Municipal Stormwater Permit Application for Phase II Jurisdictions The Department of Ecology has released an application for local governments or special districts to use to apply for an NPDES permit to discharge stormwater runoff from a Phase II MS4. The cities and counties required to apply for Phase II permit coverage should have completed and submitted an application to Ecology before March 10, 2003. A copy of the application is included in Appendix 1B. 1.6 Funding Options Although federal and state governments do not provide a dedicated source of funding specifically for the implementation of stormwater management programs to comply with Phase II regulations, cities and counties in eastern Washington implementing stormwater management programs have a number of options on now to fund their programs. In addition to grants, loans, stormwater utilities and special districts, cities and counties can use plan review fees, permit fees, system connection charges, or general funds for their stormwater management programs. The Washington Stormwater Management Study (2001) recommended development of a business plan for the fiscal aspects of stormwater management. This business plan, which should be developed before the Phase II permit goes into effect, would provide a broad overview of statewide costs, priorities, and recommended levels of state and federal funding that will be useful for all stormwater stakeholders in Washington. Additional information on financing can be found on "An Internet Guide to Financing Stormwater Management" available on the web at: stormwaterfinan ce. urbancenter. i upui. edu 1 -20 Chapter 1— Introduction September 2003 1.6.1 What Programs does Ecology have to Help Fund Water Quality Projects? The Department of Ecology's Water Quality Program administers three major funding programs that provide low- interest loans and grants for projects that protect and improve water quality in Washington State. (Several other programs address related issues. Contact Ecology for more information.) Ecology acts in partnership with state agencies, local governments, and Native American tribes by providing financial and administrative support for their water quality protection efforts. To the extent possible, Ecology manages the three programs as one: the three programs share guidelines and there is a single funding cycle, application form, and offer list. The three programs are: • The Centennial Clean Water Fund, which provides low- interest loans and grants for wastewater treatment facilities and'funds related activities to reduce nonpoint sources of water pollution. • The state Revolving Loan Fund (SRF), which provides low- interest loans for wastewater treatment facilities and related activities, or to reduce nonpoint sources of water pollution. • The Section 319 Nonpoint Source Grants Program, which provides grants to reduce nonpoint sources of water pollution. For more information on Ecology's grant and loan programs, please see Ecology's web site at: vvww.ec_y.wa.gov/programs/wo/funding 1.6.2 Stormwater Utilities A stormwater utility is essentially a special assessment district set up to generate funding specifically for stormwater management. Users within the district pay a stormwater fee, generally based on the amount of impervious surface, with the revenue generated going directly to fund the stormwater program. Unlike a stormwater program that draws on the general tax fund or uses property taxes for revenue, the people who benefit are the only ones who pay. Several eastern Washington cities and counties have developed stormwater utilities, including Douglas County; Spokane County; and the cities of Walla Walla, Richland, Spokane, and Wenatchee. A copy of the stormwater utility code from the city of Richland is included in Appendix 1A. 1.7 Acknowledgements 1.7.1 Steering Committee In order to develop the Model Municipal Stormwater Program and the Stormwater Management Manual for Eastern Washington, Ecology formed a steering committee of eastern Washington representatives. September 2003 Chapter 1 — Introduction 1-21 Ecology would like to thank the following members of the Eastern Washington Stormwater Management Steering Committee for their valuable commitment of time and leadership in leading the process to develop the Model Program and Stormwater Manual for Eastern Washington. Eastern Washington Stormwater Management Steering Committee Ross Dunfee, Benton County, Steering Committee Chair Gary Beeman, Washington State Department of Transportation South Central Region, Steering Committee Co -Chair Steve Worley, Spokane County, Manual Subcommittee Chair Nancy Aldrich, City of Richland, Manual Subcommittee Co -Chair John Knutson, Yakima County, Model Program Subcommittee Chair Lloyd Brewer, City of Spokane, Model Program Subcommittee Co -Chair Michele Brich, Home Builders Association of Tri- Cities Don McGahuey, City of Wenatchee Tom Tebb, Department of Ecology Central Region Dwane Van Epps, City of Chelan 1.7.2 Model Program Subcommittee Ecology would also like to thank the following members of the Eastern Washington Model Program Subcommittee for their valuable commitment of time and energy in helping develop, review, and shape the contents of this document. Eastern Washington Model Program Subcommittee Members Jim Ajax, City of Wenatchee John Akers, City of Ellensburg Bob Alberts, City of Pasco Ron Anderson, Central Washington Home Builders Association Rick Bollinger, City of Ellensburg Lloyd Brewer, City of Spokane, Model Program Subcommittee Co -Chair Ross Dunfee, Benton County, Steering Committee Chair Jess Greenough, City of Pasco Lars Hendron, City of Spokane Sarah Hubbard -Gray, Hubbard -Gray Consulting Al King, Washington State Department of Transportation John Knutson, Yakima County, Model Program Subcommittee Chair John Kosco, Tetra Tech, Inc. Les MacDonald, City of Pullman David Martineau, City of Colville Don McGahuey, City of Wenatchee Bill Moore, Washington State Department of Ecology David Moss, Tetra Tech/KCM, Consultant Team Lead Larry Pearson, County Road Administration Board Lucy Peterschmidt, Spokane County 1-22 Chapter 1— Introduction September 2003 Steve Plummer, City of Kennewick Mark Richard, Spokane Home Builders Association Tony Schouviller, Benton County Jim Seitz, Association of Washington Cities (AWC) Tom Tebb, Washington State Department of Ecology Central Region Dwane Van Epps, City of Chelan Chris Waarvick, City of Yakima Joe Wilson, City of Richland Appendices Appendix 1A - Stormwater Utility Code from Richland, WA Appendix 1B — NPDES Phase II Stormwater Permit Application September 2003 Chapter 1— Introduction 1 -23 Appendix IA - Stormwater Utility Code from Richland, WA Sections: 16.04.010 Defmitions. 16.04.020 Creation of Storm Water - Utility - Authority. 16.04.030 Governing Body and Management of Storm Water Utility. 16.04.040 Ownership of Storm Water Facilities. 16.04.050 Severability. 16.04.010 Definitions. For the purposes of this chapter of the Richland Municipal Code (RMC), the following definitions apply: (a) "City" shall mean the City of Richland, Washington, a municipal corporation. (b) "Utility" shall mean the storm water utility, a utility authorized to own, maintain, operate and preserve all the storm drainage system and related facilities. (c) "Residential property" or "residential properties" shall mean any parcel of land upon which is constructed a structure designed to provide a housing unit to one or more persons or families, including duplexes, triplexes, four - plexes, and manufactured homes. (d) "Housing unit" shall mean a building or portion thereof designed as a residence or the living quarters of one or more persons living together, or of one family. (e) "Vacant land" shall mean property with no buildings thereon, including agricultural land. (f) "Commercial property" shall mean all properties other than single family residences, duplexes, triplexes, four - plexes or manufactured homes. Commercial property shall include apartment buildings, condominiums and townhouses. (g) "Qualification as low income senior citizen or low income disabled citizen" refers to person who shows satisfactory proof to the finance manager, or his designee, that he or she: (1) Is sixty -two (62) years of age or over; or (2) Is a citizen qualifying for special parking privileges under RCW 46.16.381(1)(a) through (f) or a blind citizen as defined in RCW 74.18.020(4), or developmentally disabled as defined in RCW September 2003 Chapter 1— Introduction 1A - 1 71A.10.020(2) or a mentally ill person as defined in RCW 71.05.020(1); and (3) Has a maximum annual income of not more than one hundred twenty -five percent (125 percent) of the poverty level established by the federal office of management and budget; and (4) Is the sole occupant or the head of a household. (h) "Flood Plain" shall mean a parcel of land lying within an area determined as flood plain -100 year flood event. All information presented in support of such application shall be verified by the applicant who shall provide such other data as deemed appropriate upon forms and in a manner determined by the fmance manager or his designee. (Ord. 5 -98: Ord. 31 -99: Ord. 12 -00). 16.04.020 Creation of Storm Water - Utility - Authority. There is hereby created and established a storm water utility, a separate enterprise and facility. The utility is authorized to own, construct, maintain, operate and preserve all storm water infrastructure as now exist and as may be added to in the future by the addition of other existing or construction of storm drainage systems. In addition to its authority over storm water facilities, the utility is authorized to maintain, operate and preserve the street sweeping function of the City's street maintenance program. (Ord. 5 -98). 16.04.030 Governing Body and Management of Storm Water Utility. The city council shall be the governing body of the storm water utility. Management of the utility shall be provided by the city manager or his or her designee. (Ord. 5 -98). 16.04.040 Ownership of Storm Water Facilities. Title and all other incidents of ownership of the following assets are hereby vested in the utility: All properties, interest and physical and intangible rights of every nature, owned or held by the city, however acquired, insofar as they relate to: (1) Drainage facilities. (2) Street sweeping equipment. (Ord. 5 -98). 16.04.050 Severability. If any portion of this chapter as now or hereafter amended, or its application to any person or circumstances, is held invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part thereof not adjudged to be invalid or unconstitutional and its application to other persons or circumstances shall not be affected. (Ord. 5 -98). 1A - 2 Chapter 1— Introduction September 2003 Charges and Uses of Funds - Chapter 16.08 16.08.010 System of Charges. 16.08.030 Billing and Collection. 16.08.040 Use of Storm Water Funds. 16.08.050 Use of Other Proceeds by Storm Water Utility. 16.08.010 System of Charges. There is hereby imposed a system of monthly charges on residential properties located within the boundaries of the city. A system of monthly or annual storm water utility charges for vacant land and commercial properties shall be imposed as follows: (a) For any commercial property or vacant land with charges less than ninety -seven dollars ($97.00) per year, owners shall be billed once a year. (b) All commercial property or vacant land owners shall be billed a minimum of two dollars ($2.00) per billing cycle. The charges are necessary to assist in the funding of the construction, maintenance, operation and preservation of facilities under the jurisdiction of the storm water utility. (a) Residential properties. There shall be a monthly charge of one dollar and eighty -five cents ($1.85) per month per residential property imposed upon each owner or occupant of residential property, unless such property is exempt under Section 16.08.010(1) of this chapter. (b) Vacant land. There shall be a monthly charge of one dollar and thirty- five cents ($1.35) per acre for vacant land of 3.7 acres or less. There shall be a monthly charge of five dollars ($5.00) for vacant land over 3.7 acres. (c) Very light. There shall be a monthly charge of two dollars ($2.00) per acre on land that has zero to ten percent (0 -10 percent) of impervious surface. (d) Moderate light. There shall be a monthly charge of six dollars and ninety -nine cents ($6.99) per acre on land that has greater than ten through twenty -five percent (10 -25 percent) of impervious surface. (e) Light. There shall be a monthly charge of twelve dollars and ninety - nine cents ($12.99) per acre on land that has greater than twenty -five through forty percent (25 -40 percent) of impervious surface. (f) Moderate. There shall be a monthly charge of eighteen dollars and ninety -eight cents ($18.98) per acre on land that has greater than forty through fifty -five percent (40 -55 percent) of impervious surface. September 2003 Chapter 1— Introduction 1A - 3 (g) Moderately heavy. There shall be a monthly charge of twenty -four dollars and ninety -eight cents ($24.98) per acre on land that has greater than fifty -five through seventy percent (55 -70 percent) of impervious surface. (h) Heavy. There shall be a monthly charge of thirty dollars and ninety - seven cents ($30.97) per acre on land that has greater than seventy through eight -five percent (70 -85 percent) of impervious surface. (i) Very heavy. There shall be a monthly charge of thirty-six dollars and ninety -six cents ($36.96) per acre on land that has greater than eighty - five through one hundred percent (85 -100 percent) of impervious surface. (j) State highway. There shall be a monthly charge of nine dollars and twenty -nine cents ($9.29) per acre on land that has greater than seventy through eighty -five percent (70 -85 percent) impervious surface. (k) City streets. There shall be a monthly charge of nine dollars and twenty -nine cents ($9.29) per acre on land that has greater than seventy through eighty -five percent (70 -85 percent) impervious surface. (1) Exempt properties. The owners of the following properties are exempt from the charges imposed by this section: (1) Residential properties to the extent of their occupancy by low - income senior citizens or low income disabled citizens. (2) All non - commercial lands managed by the U. S. Army Corps of Engineers for the federal government which lie in the flood plain as defined herein. (3) All vacant property lying within a flood plain as defined herein and any island entirely surrounded by either the Yakima River or the Columbia River. This exemption shall be retroactive back to August, 1999. (Ord. 5 -98: Ord. 31 -99: Ord. 12 -00). 16.08.030 Billing and Collection. Storm water utility charges, as imposed by Section 16.08.010 of this chapter, shall be computed on a monthly or annual basis. The amount billed shall be included as a separate charge listed on the city utility bill. The finance manager, or his or her designee, is hereby authorized to administer the billing and collection of storm water utility fees. In the event a property does not have utility service but is subject to charges imposed by this chapter, a new account shall be established and that property shall be billed separately for the storm water utility charges. The finance manager is directed to compile a list of all residential property owners or occupiers, commercial property owners and vacant land owners, 1A - 4 Chapter 1— Introduction September 2003 as is necessary for determining utility charge liability under this chapter. The finance manager is further directed to develop any rules and regulations which are consistent with this chapter and which are necessary for its administration. Collection and enforcement shall be as provided in the statutes of the state of Washington, RCW 35.67 et seq. as they currently exist or may hereafter be modified and construed. (Ord. 5 -98: Ord. 31 -99: Ord. 12 -00). 16.08.040 Use of Storm Water Utility Funds. The proceeds from the charges imposed by Section 16.08.010 of this chapter shall be used for storm water and street sweeping purposes only including but not limited to: operation and maintenance of storm drainage facilities, street sweeping and other improvements; new construction, reconstruction, and expansion of city storm drainage systems. (Ord. 5 -98). 16.08.050 Use of Other Proceeds by Storm Water Utility. The storm water utility may finance the construction, operation, maintenance, and preservation of storm water infrastructure and related facilities through local improvement districts and utility local improvement district, or with the proceeds of revenue bonds, or any combination thereof. In addition, the utility, through appropriation by the city council, may use funds from general taxation, money received from the federal, state, or other local governments and other funds made available to it. (Ord. 5 -98) September 2003 Chapter 1— Introduction 1A - 5 1A - 6 Chapter 1— Introduction September 2003 • Appendix 1B — NPDES Municipal Stormwater Permit Application for Phase II Jurisdictions Baal National Pollutant Discharge Elimination System (NPDES) Phase II WI Stormwater Permit Application Phase II Municipal Separate Storm Sewer Systems (MS4s) ■A11ISITa1 STATE E L The purpose of this application is for local governments or special districts to apply for a National Pollutant Discharge Elimination System (NPDES) permit to discharge stormwater runoff from a Phase II municipal separate storm sewer system (MS4s). The Department of Ecology may request additional information and a notice of intent at a later date, upon development of a general permit. MS4s seeking coverage must complete this application, based on existing information, and return it to the Department of Ecology before March 10, 2003. You may print this form and complete it by hand, or ' download it from our website at www.ecy.wa.gov/ programs /wu /stormwaterfindex.html. An authorized signature is needed to complete the application. All information should be included on this form. Supporting documents should be referenced in the text only. No attachments are necessary, other than those that may be required under the Map Requirements. Mail completed application to: Department of Ecology Water Quality Program PO Box 47600 Olympia, WA 98504 -7600 Ecology will send you an acknowledgment of receipt. If you have questions about this application, please contact Janice Sedlak at (360) 407 -6470 or email her at ised4610,ecy.wa.Rov. Part I. General Information 1. MS4 Operator Name of city, county, special district, or other public entity: Street Address: City, State, Zip: • Ownership status: ❑ Federal ❑ State ❑Private ❑ Public ❑ Other Entity 2. Local staff contact (person responsible for program Implementation and coordination): Nimes Phan, Titles E -mall: Does your MS4 presently have a web the? (If yes, list address _ ) ❑ Yes / 0 No If so, are your ordinances available on your website ❑Yes / ❑ No If not, where are your ordinances available? 10/15/02 Please submit before March 10, 2003 Page 1 of 20 September 2003 Chapter 1— Introduction 18 - 1 .- ❑ City ❑ Town ❑ Drainage District ❑ County ❑ Flood Control District ❑ Other (list): 4. D #Ioa.bfrsn: Setter S eserip �.. _.... : A. Area of land served by your MS4 Cm square miles): If city, town, or special district t give: If county give: Area within current corporate boundaries Area in square miles Additional area of urban growth area (UGA) Area that is urbanized Area that is urbanized (2000 Census) For all MS4s, give 2000 Census population for area served Area located on Indian lands (if any) B. Storm Drainage Infrastructure: Please provide estimates, using the most accurate information available at this time, for the following storm drainage infrastructure features owned or operated by the MS4. Conveyance system: Flow Control system: Open ditches (miles or feet) Detention facilities (estimate number operated by MS4) Regional Storm sewers (miles or feet) Retention facilities (estimate number operated by MS4) Facilities: Outfalls (estimate number) � Catch basins (estimate number) Treatment system: Treatment facilities (estimate number operated by MS4) 5. Map Requirements: Include a map or maps that identifies: • City, county, or district service area boundaries • State or Federal vocational/technical /college /university campuses and military institutions • Urban area (as defined by the 2000 Census) • GMA urban growth area (UGA), even if partially in an Urban Area • Municipal/county wastewater treatment plants, outfalls, uncontrolled sanitary landfills, vehicle fleet maintenance centers, power plants, airports, and other municipally owned or operated industrial activities • Arterial city or county roads, (additional roads if needed), drainage basins, and receiving waters Please assure that information is dearly readable. Submit GIS maps if available, and only in .pdf format on a CD- ROM. Multiple maps must be of the same scale. 1:1000 or 1:2000 scales are recommended. Submit paper maps folded to 8.5 x 11." • 10/15/02 Please submit before March 10, 2003 Page 2 of 20 18 - 2 Chapter 1— Introduction September 2003 S. ST.ist all nitre rec nce n ix+at i liui. ur &ctio i ei d xJ iiiiIaiiaivastreami; and indicate those.i niifi t s: 8 Yo jttt'i� scpaaed '.. . ' to Clean Water Act Section 3193(d), aid these with an existing Total Maximum Daily Load information is available at: w ,ecy.w,wsovfure ratnstwu/iinksiimuaired wtirshtni.::. :.. :_'; ; WRIA Water Body Name Impaired? Parameters TMDL? (and New ID # if avail.) ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No ❑ Yes / ❑No ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No . ❑Yes / ❑No ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No ❑Ycs / ❑No ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No ❑Yes / ❑No Please list any water bodies for which a TMDL, pollution prevention plan, water quality monitoring program, or other relevant program is In place or in development 7. Does your MS4 have public infiltration facilities (infiltration basins or dry wells)? ❑ Yes / ❑ No If yes, estimate the percentage of the jurisdiction that discharges to these facilities. 8. Is your MS4 interconnected to a Washington State Dept of Transportation facility? ❑ Yes / ❑ No If yes, please identify : 9. Is your MS4 interconnected, or do you discharge to another jurisdiction? If yes, identify ❑ Yes / ❑ No below. Jurisdiction Name Contact Ultimate receiving water 10/15/02 Please submit before March 10, 2003 Page 3 of 20 September 2003 Chapter 1— Introduction 1E3- 3 Part II. Your Proposed Stormwater Management Program This application requires you to identify Best Management Practices (BMPs) currently performed by your MS4, and provide information on your planned stormwater management program and proposed BMPs. The following six sections correspond to the six minimum control measures for a Phase II stormwater quality management program. Minimum Control Measures The National Pollutant Discharge Elimination System (NPDES) Phase II Rule defines a stormwater management program composed of six minimum control measures that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the Maximum Extent Practicable (MEP). The six control measures include: 1. Public Education and Outreach on Stormwater Impacts 2. Public Involvement/Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Runoff Control 5. Post - Construction Stormwater Management in New Development and Redevelopment 6. Pollution Prevention/Good Housekeeping for Municipal Operations Each minimum control measure requires the selection and implementation of BMPs that comprehensively address the specific stormwater issues in your area. The minimum requirements are provided in Appendix I as the minimum level necessary to comply with 40 CFR 122.34. Regulatory guidance from 40 CFR 122.34 is also provided for each minimum control measure. Additional guidance on selecting BMPs and developing measurable goals can be found at the following EPA website: w /npdes/ stormwater /measurabletroals /index.htm. Instructions: For each minimum control measure, state your control objective and describe BMPs selected for implementation in your jurisdiction. For each BMP, include a brief description, measurable goal, and mil as appropriate towards achieving that goal. Indicate o if the BMP is part of an existing program, and al BMP if another entity will share responsibility for implementing the BMP. In cases where another entity will perform one or more BMPs or components thereof on behalf of the permittee, specifically describe the activities each entity will conduct, and include reference to legal agreement where appropriate. List as many BMPs as necessary to fulfill the requirements of 40 CFR 122.39 as referenced in Appendix I. If you have more than 2 BMPs for a control measure, copy /paste additional tables as necessary. 10/15/02 Please submit before March 10, 2003 Page 4 of 20 18 - 4 Chapter 1— Introduction September 2003 • 1. Public Education and Outreach on Storm Water Impacts Does your MS4 presently ,perform gubife.educs>tiea'sustl OiltreaCls;adivitles ®H storsumttec ": <._, 0 Yes ! ❑ No impacts? Minimum Measure Objective 1: BMP 1(a): Is this part of an misting ❑ Yes / ❑ Is another'-entity involved in BMP: ; `:. ❑Yes / ❑ program? No implententatlon ?• No Measurable Goal: Milestones: BMP 1(b): Ie this part of an egg ❑ Ycs / ❑ another en$ty involved in BAIT ❑Yes ! ❑ program? No implementation ?" - No Measurable Goal: Milestones: 2. Public Involvement/Participation Does your MS4 presently provide opportunity for the public to be involved or participate in the ❑ Yes / ❑ No development or implesuentatlon of a stormwater management program? Minimum Measure Objective 2: BMP 2(a): Is this part of an existing ❑ Yes/0 Is another entity involved in BMP ❑ Yes/0 program? No implementation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10, 2003 Page 5 of 20 September 2003 Chapter 1— Introduction 113 - 5 BMP 2(b): Is this part of an existing, • Yes / • Is another end involved. In BM"' `;, r...,:::- - ; • Yes / • program? No lm ►len:entation ?::. ,..... No Measurable Goal: Milestones: 3. Illicit Discharge Detection and Elimination Dow your MS4 presently have a pregnant for the d tion and elimination of illicit.dtscharges ❑ Yes / ❑ No to the storm sewer? ;= Does your MS4 presently have an ordhtimce in place that enables you to prevent aid eliminate ❑ Yes / 0 No Illicit dkcharges to the storm sewer? Minimum Measure Objective 3: BMP 3(a Is this part of an existing 0 Yes / ❑ Is another entity involved in BMP ❑ Yes / ❑ program? No implementation? No Measurable Goal: Milestones: BMP 3(b): Is this part of an existing 1 ❑ Yes / ❑ Is another entity Involved In BMP ❑ Yes / ❑ program? No E implementation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10, 2003 Page 6 of 20 18 - 6 Chapter 1 — Introduction September 2003 4. Construction Site Run -off Control the following spaces, indicate if your MS4 presently performs these activities related to conrtrigtion rite runoff control: Activities: Existing? Construction site plan review ❑ Yes / ❑ No Responding to public input and complaints ❑ Yes / ❑ No Rnforcement and inspection procedures ❑ Yes / ❑ No Training and education ❑ Yes / ❑ No Does your MS4 presently have an ordinance addressing construction site run -off control? ❑ Yes / ❑ No If yes, code number - Minimum Measure Objective 4: BMP 4(a): Is this part of an existing ❑ Yes/0 Is another entity htvoived in BMP ` ❑Yes / ❑ program? No implementation? No Measurable Goal: Milestones: • BMP 4(b): Is this part of an existing ❑ Yes / ❑ I Is another entity involved in BMP ❑Yes / ❑ program? No implementation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10, 2003 Page 7 of 20 September 2003 Chapter 1— Introduction /8 - 7 5. Post-Construction Stormwater Management in New Development and Redevelopment Pease answerthefelloring giertiettariegartilattpast*matinetinastertaiattiOnsiagementli new ilivelernentatitl,' Does your MS4 presently have a development permit process in place? 0 Yes tE:1 No Does your MS4 presently have a stormwater management technical manual? 0 Yes /0 No If yes, h as the MS4 adopted the Ecology 2001 Stonnwarer manual, or an equivalent manual? LI Yes /17 No If no, what manual is currently adopted/used? Please list - Does your MS4 presently have a plan review process for new development and redevelopment? DYes / No Does your MS4 presently inspect new stormwater facilities? D Yes /0 No Does your MS4 presently inspect existing stonuwater facilities? D Yes /0 No Does your MS4 presently have a stormwater ordinance addressing post construction stormwater controls? 0 Yes No If yes, code number - Does your MM presently promote and/or provide incentives for Low Impact Development? CI Yes / p No Minimum Measure Objective 5: BMP 5(a): Is dds part of an existing 0 Yes / Is 'neater entity invalvetl In BIM' III Yes / program? No Implementation? ' - No Measurable Goal: Milestones: BMP 5(b): Is this part of an existing I Yes / El Is another entity involved BMP I ElYes/0 program? No implementation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10, 2003 Page 8 of 20 18 - 8 Chapter I — Introduction September 2003 6. Pollution Prevention /Good Housekeeping for Municipal Operations Ices your MS4 presently have a program in place to promote pollution prevention and good _. ❑ Yes / ❑ No housekeeping for municiptd operations? List municipally owned or operated facilities that would reasonably be expected to discharge contaminated runoff and are not covered under a NPDES permit: for :example -= vehicle maintenance garages, waste transfer operations, golf courses, salt or other materials storage, or open landfills,. Also, indicate if there Is a documented pollution prevention plan in place Facility or type of facilities /operation: Pollution Prevention Plan? ❑ Yes / ❑ No ❑ Yes / ❑No ❑Yes / ❑No ❑Yes / ❑No ❑ Yes / ❑No Minimum Measure Objective 6: BMP 6(a): Is this part of as existing ❑Yes / ❑ Is another entity involved in BMP ❑Yes / ❑ program? No implementation? No Measurable Goal: Milestones: BMP 6(b): Is this part of an existing ❑ Yes / ❑ Is another entity involved in BMP ❑ Yes / ❑ program? No implementation? No Measurable Goal: Milestones: 10/15/02 Please submit before March 10, 2003 Page 9 of 20 September 2003 Chapter 1— Introduction 1B - 9 Part III. Recordkeeping and Reporting The permtttee will comply with recordkeeping and reporting requirements per 40 CFR 122.34(g) Recordkeeping -40 CFR 122.34(g)(2) You must keep records required by the NPDES permit for at least three years. You must submit your records to the NPDES permitting authority only when specifically asked to do so. You must make your records, including a description of your stormwater management program, available to the public at reasonable times during regular business hours (see 122.7 for confidentiality provision). (You may assess a reasonable charge for copying. You may require a member of the public to provide advance notice.) Reporting -40 CFR 122.34(g) (3) Unless you are relying on another entity to satisfy your NPDES permit obligations under 122.35(a), you must submit annual reports in year two and four unless the NPDES permitting authority requires more frequent reports. Your report must include: (i) The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures; (ii) of d and analyzed, d, i d g g data, if any, during reporting 11 Reswits of �iformdtLO,l collecle ar'iu nt'ia.i Zc including mGrutGi ut` ua' t1 an uu.iitl the period; (iii) A swum ary of the stormwater activities you plan to undertake during the next reporting cycle; (iv) A change in any identified best management practices or measurable goals for any of the minimum control measures; and (v) Notice that you are relying on another governmental entity to satisfy some of your permit obligations (if applicable). Part IV. Certification I certify under penalty of 1aw that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Authorized Representative Name: Title: Signature: Date: 10/15/02 Please submit before March 10, 2003 Page 10 of 20 18 - 10 Chapter 1– Introduction September 2003 • APPENDIX I. Minimum Control Measure Requirements (source: 40 CFR 122.34(b)) 1. Public Education & Outreach on Stormwater Impacts Minimum Requirements — 40 CFR 122.34(b)(1)(i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Regulatory Guidance 40 CFR 122.34(b)(1)(ii) You may use stormwater educational materials provided by your state; tribe; EPA; environmental, public interest, or trade organizations; or other MS4s. The public education program should inform individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil and household hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities, as well as activities that are coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies, to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, sponsoring speaking engagements before community groups, providing public service announcements, implementing educational programs targeted at school age children, and conducting community -based projects such as storm drain stenciling and watershed and beach cleanups. In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant stormwater impacts. For example, providing information to restaurants on the impact of grease clogging storm drains, and to garages on the impact of oil discharges. You are encouraged to tailor your outreach program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. 2. Public Involvement/Participation Minimum Requirements — 40 CFR 122.34(b)(2)(z) You must, at a minimum, comply with state, tribal, and local public notice requirements when implementing a public involvement/participation program. Regulatory Guidance 40 CFR 122.34(b)(2)(ii) EPA recommends that the public be included in developing, implementing, and reviewing your stormwater management program, and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen representatives on a local stormwater management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program coordination with other pre - existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.) 10/15/02 Please submit before March 10, 2003 Page 11 of 20 September 2003 Chapter 1— Introduction 18 - 11 3. Illicit Discharge Detection & Elimination Minimum Requirements — 40 CFR 122.34(b)(3)(9. You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(1)(2)) into your small MS4. (ii) You must: (A) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (B) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non - stormwater discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non - stormwater discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. (iii) You need address the following categories of non - stormwater discharges or flows (i.e., illicit discharges) only if you identify them as significant contributors of pollutants to your small MS4: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water (discharges or flows from fire fighting activities are excluded from the effective prohibition against non- stormwater and need only be addressed where they are identified as significant sources of pollutants to waters of the United States). Regulatory Guidance 40 CFR 122.34(b)(3)(iv) EPA recommends that the plan to detect and address illicit discharges include the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing the source, of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected pollutants as part of the procedures for locating priority areas. Illicit discharge education actions may include storm drain stenciling a prngrAm t pr p icize and facilitate public rep^rtng of illicit connections or discharges; and distribution of outreach materials. 4. Construction Site Stormwater Runoff Control Minimum Requirements — 40 CFR 122.34(b)(4)(i) You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for stormwater discharges associated with small construction activity in accordance with Sec. 122.26(b)(15)(1), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. 10/15/02 Please submit before March 10, 2003 Page 12 of 20 18 - 12 Chapter 1— Introduction September 2003 (ii) Your program must include the development and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B) Requirements for construction site operators to implement appropriate erosion and sediment control (ESC) best management practices; (C) Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality, (D) Procedures for site plan review which incorporate consideration of potential water quality impacts; (E) Procedures for receipt and consideration of information submitted by the public, and (F) Procedures for site inspection and enforcement of control measures. Regulatory Guidance 40 CFR 122.34(b)(4)(iii) Examples of sanctions to ensure compliance include non - monetary penalties, fines, bonding requirements, and/or permit denials for non - compliance. EPA recommends that procedures for site plan review include the review of individual pre - construction site plans to ensure consistency with local (ESC) requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a stormwater pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for stormwater discharges from construction sites). Also see Sec. 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf). 5. Post - Construction Stormwater Management in New Development & Redevelopment Minimum Requirements— 40 CFR 122.34(b)(5)(i) You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A) Develop and implement strategies which include a combination of structural and/or non - structural best management practices (BMPs) appropriate for your community, (B) Use an ordinance or other regulatory mechanism to address post - construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; (C) Ensure adequate long -term operation and maintenance of BMPs. 10/15/02 Please submit before March 10, 2003 Page 13 of 20 September 2003 Chapter 1— Introduction 18 - 13 Regulatory Guidance 40 CFR 122.34(6)(5)0) If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community minimize water quality impacts; and attempt to maintain pre - development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally - based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens. When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post - construction runoff from new development and redevelopment), implementation strategies (e.g., adopt a combination of structural and/or non - structural BMPs), operation and maintenance policies and procedures, and enforcement procedures. In developing your program, you should consider assessing existing ordinances, policies, programs and studies that address stormwater runoff quality. In addition to assessing these existing documents and programs, you should provide opportunities to the public to participate in the development of the program. Non - structural BMPs are preventative actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended - detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre - construction review of BMP designs; inspections during construction to verify BMPs are built as designed; post - construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation and maintenance. Stormwater technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control technologies. 6. Pollution Prevention /Good Housekeeping for Municipal Operations Minimum Requirements — 40 CFR 122.34(b)(6)0 You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your state, Tribe, or other organizations, your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 10/15/02 Please submit before March 10, 2003 Page 14 of 20 18 - 14 Chapter 1— Introduction September 2003 Regulatory Guidance — 40 CFR 122.34(b)(6)(ii) EPA recommends that, at a minimum, you consider the following in developing your program: maintenance activities, maintenance schedules, and long -term inspection procedures for structural and nonstructural stormwater controls to reduce floatables and other pollutants discharged from your separate storm sewers; controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; procedures for properly disposing of waste removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporating additional water quality protection devices or practices. Operation and maintenance should be an integral component of all stormwater management programs. This measure is intended to improve the efficiency of these programs and require new programs where necessary. Properly developed and implemented operation and maintenance programs reduce the risk of water quality problems. 10/15/02 Please submit before March 10, 2003 Page 15 of 20 September 2003 Chapter 1— Introduction 18 - 15 APPENDIX II. ABBREVIATIONS*: BAT Best Available Technology Economically FR Federal Register Achievable (applies to non - conventional and toxic MEP Maximum Extent Practicable pollutants) BCT Best Conventional Pollutant Control MS4 Municipal Separate Storm Sewer System Technology (applies to conventional pollutants) MSGP Multi Sector General Permit BMP Best Management Practice NOI Notice of Intent BPJ Best Professional Judgment NOT Notice of Termination BPT Best Practicable Control Technology NOV Notice of Violation Currently Available (generally applies to NPDES National Pollutant Discharge Elimination • conventional pollutants and some metals) System CFR Code of Federal Regulations NPS Non -point Source CGP Construction General Permit O&M Operation and Maintenance COD Chemical Oxygen Demand OW Office of Water CSO Combined Sewer Overflow OWM Office of Wastewater Management CWA Clean Water Act (formerly referred to as the PA Permitting Authority Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972) POTW Publicly Owned Treatment Works CZARA Coastal Zone Act Reauthorization SIC Standard Industrial Classification Amendments SWPPP Stormwater Pollution Prevention Plan DO Dissolved Oxygen TMDL Total Maximum Daily Load DMR Discharge Monitoring Report TSS Total Suspended Solids ELG Effluent Limitations Guidelines UA Urbanized Area EPA Environmental Protection Agency DEFINITIONS*: Authorized Representative: Fora municipality, State, Federal, or other public agency: (a) By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal Agency includes (i) the chief executive officer of the Agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the Agency (e.g., Regional Administrators of EPA). (b) All reports required by permits, and or other information requested by the Director shall be signed by a person described in paragraph (a) of this section, or by a duly authorized representative of that person. Best Available Treatment(BAT)/Best Control Technology (BCT): A level of technology based on the very best (state of the art) control and treatment measures that have been developed or are capable of being developed and that are economically achievable within the appropriate industrial category. 10/15/02 Please submit before March 10, 2003 Page 16 of 20 18 - 16 Chapter 1— Introduction September 2003 Best Management Practices (BMPs): Activities or structural improvements that help reduce the quantity and improve the quality of stormwater runoff. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Category (xi) facilities: Specific facilities classified as light industry with equipment or materials exposed to stormwater. Clean Water Act (Water Quality Act): (formerly the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972). Public law 92 -500; 33 U.S.C. 1251 et seq.; legislation which provides statutory authority for the NPDES program. Also know as the Federal Water Pollution Control Act. Conveyance: The process of water moving from one place to another. Detention Facility: 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. Discharge: The volume of water (and suspended sediment if surface water) that passes a given location within a given period of time. Erosion: When land is diminished or worn away due to wind, water, or glacial ice. Often the eroded debris (silt or sediment) becomes a pollutant via stormwater runoff. Erosion occurs naturally but can be intensified by land clearing activities such as farming, development, road - building, and timber harvesting. Excavation: The process of removing earth, stone, or other materials from land. General Permit: A permit issued under the NPDES program to cover a certain class or category of stormwater discharges. These permits reduce the administrative burden of permitting stormwater discharges. Grading: The cutting and/or filling of the land surface to a desired slope or elevation. Illicit Connection: Any discharge to a municipal separate storm sewer that is not composed entirely of stormwater and is not authorized by an NPDES permit, with some exceptions (e.g., discharges due to fire fighting activities). Interconnected: See Physically Interconnected Industrial Activity: Any activity which is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. Large Municipal Separate Storm Sewer System (MS4): An MS4 located in an incorporated place or county with a population of 250,000 or more, as determined by Light Manufacturing Facilities: Described under Category (xi) of the definition of " stormwater discharges associated with industrial activity" [CFR 122 26(b)(14)(i -ix and xi)]. Under the Phase I NPDES Stormwater Program, these facilities were eligible for exemption from stormwater permitting requirements if certain areas and activities were not exposed to stormwater. As a result of the Phase II Final Rule, these facilities must now certify to a condition of no exposure. Low Impact Development: The integration of site ecological and environmental goal and requirements into all phases of urban planning and design from the individual residential lot level to the entire watershed. Hydrologic functions of storage, infiltration, and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro -scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of flow paths and runoff time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian buffers, wetlands, steep slopes, valuable (mature) trees, flood plains, woodland and highly permeable soils. 10/15/02 Please submit before March 10, 2003 Page 17 of 20 September 2003 Chapter 1— Introduction 1B - 17 Maximum Extent Practicable (MEP): A standard for water quality that applies to all MS4 operators regulated under the NPDES Stormwater Program. Since no precise definition of MEP exists, it allows for maximum flexibility on the part of MS4 operators as they develop and implement their programs. Medium Municipal Separate Storm Sewer System (MS4): MS4 located in an incorporated place or county with a population of 100,000 or more but less than 250,000, as determined by the latest U.S. Census. Municipal Separate Storm Sewer System (MS4): A publicly -owned conveyance or system of conveyances that discharges to waters of the U.S. and is designed or used for collecting or conveying stormwater, is not a combined sewer, and is not part of a publicly -owned treatment works (POTW). Multi - Sector General Permit (MSGP): An NPDES permit that regulates stormwater discharges from eleven categories of industrial activities. New Development: Land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. No exposure: All industrial materials or activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and/or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by- products, final products, or waste products. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product or waste product. Non authorized States: any State that does not have the authority to regulate the NPDES Stormwater Program. • Non - point Source (NPS) Pollutants: Pollutants from many diffuse sources. NPS pollution is caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, finally depositing them into lakes, rivers, wetlands, coastal waters, and even our underground sources of drinking water. Notice of Intent (NOI): An application to notify the permitting authority of a facility's intention to be covered by a general permit; exempts a facility from having to submit an individual or group application. NPDES: "National Pollutant Discharge Elimination System" the name of the surface water quality program authorized by Congress as part of the 1987 Clean Water Act. This is EPA program to control the discharge of pollutants to waters of the United States (see 40 CFR 122.2). O &M Expenditures: The operating and maintenance costs associated with the continual workings of a project. Outfall: The point where wastewater or drainage discharges from a sewer pipe, ditch, or other conveyance to a receiving body of water. Permitting Authority (PA): The NPDES -authorized state agency or EPA regional office that administers the NPDES Stormwater Program. PAs issue permits, provide compliance assistance, and inspect and enforce the program. Physically interconnected MS4: This means that one MS4 is connected to a second MS4 in such a way that it allows for direct discharges into the second system. Point Source Pollutant: Pollutants from a single, identifiable source such as a factory or refinery. Pollutant Loading: The total quantity of pollutants in stormwater runoff. 10/15/02 Please submit before March 10, 2003 Page 18 of 20 113 - 18 Chapter 1 — Introduction September 2003 Qualifying local program: A local, State or Tribal municipal stormwater management program that imposes, at a minimum, the relevant requirements of one or more of the minimum control measures includes in 122.34(b). Redevelopment: On a site that is already substantially developed (i.e., has more than 35% or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities. Regional: An action (here, for stormwater management purposes) that involves more than one discrete property. Regional Detention Facility: A stormwater quantity control structure designed to correct the existing surface water runoff problems of a basin or subbasin. 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 detention facility is sited to detain stormwater runoff from a number of new developments or areas within a catchment Regulated MS4: Any MS4 covered by the NPDES Stormwater Program (regulated small, medium, or large MS 4s). Retention: The process of collecting and holding surface and stormwater runoff with no surface outflow. Retention /detention facility (RID): 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 sort period of time and then release it to the surface and stormwater management system. Retrofit: The modification of stormwater management systems through the construction and/or enhancement of wet ponds, wetland plantings, or other BMPs designed to improve water quality Runoff: Drainage or flood discharge that leaves an area as surface flow or as pipeline flow. Has reached a channel or pipeline by either surface or sub- surface routes. Sanitary Sewer: A system of underground pipes that carries sanitary waste or process wastewater to a treatment plant. Sediment: Soil, sand, and minerals washed from land into water, usually after rain. Sediment can destroy fish - nesting areas, clog animal habitats, and cloud waters so that sunlight does not reach aquatic plants. Sheet flow: The portion of precipitation that moves initially as overland flow in very shallow depths before eventually reaching a stream channel. Site Plan: A graphical representation of a layout of buildings and facilities on a parcel of land. Site Runoff: Any drainage or flood discharge that is released from a specified area. Small Municipal Separate Storm Sewer System (MS4): Any MS4 that is not regulated under Phase I of the NIPDES Stormwater Program and Federally -owned MS4s. Stakeholder: An entity that holds a special interest in an issue or program -- such as the stormwater program - since it is or may be affected by it. Standard Industrial Classification (SIC) Code: A four digit number which is used to identify various types of industries. Storm Drain: A slotted opening leading to an underground pipe or an open ditch for carrying surface runoff. 10 /15/02 Please submit before March 10, 2003 Page 19 of 20 September 2003 Chapter 1— Introduction 18 - 19 Stormwater: Precipitation that accumulates in natural and/or constructed storage and stormwater systems during and immediately following a storm event. Stormwater Management: Functions associated with planning, designing, constructing, maintaining, financing, and regulating the facilities (both constructed and natural) that collect, store, control, and/or convey stormwater. Stormwater Pollution Prevention Plan (SWPPP): A plan to describe a process whereby a facility thoroughly evaluates potential pollutant sources at a site and selects and implements appropriate measures designed to prevent or control the discharge of pollutants in stormwater runoff. Surface Water: Water that remains on the surface of the ground, including rivers, lakes, reservoirs, streams, wetlands, impoundments, seas, estuaries, etc. Total Maximum Daily Load (TMDL): The maximum amount of pollutants which can released into a water body without adversely affecting the water quality. Tool Box: A term to describe the activities and materials that EPA plans to perform /produce to facilitate implementation of the stormwater program in an effective and cost - efficient manner. The eight components include: 1) fact sheets; 2) guidance documents; 3) menu of BMPs; 4) compliance assistance; 5) information clearing house; 6) training and outreach efforts; 7) technical research; and 8) support for demonstration projects. Treatment BMP: A BMP that is intended to remove pollutants form stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration swales, and constructed wetlands. Uncontrolled Sanitary Landfill: a landfill or open dump, whether in operation or closed, that does not meet the requirements for run -on or runoff controls established pursuant to subtitle D of the Solid Waste Disposal Act. Urbanized Area (UA): A Bureau of the Census determination of a central place (or places) and the adjacent densely settled surrounding territory that together have a minimum residential population of 50,000 people and a minimum average density of 1,000 people /square mile. This is a simplified definition of a UA; the full definition is very complex. Urban Growth Areas means those areas designated by a county pursuant to RCW 36.70A.110. Urban Runoff: Stormwater from urban areas, which tends to contain heavy concentrations of pollutants from urban activities. Watershed: That geographical area which drains to a specified point on a water course, usually a confluence of streams or rivers (also known as drainage area, catchment, or river basin). Wet Weather Flows: Water entering storm drains during rainstorms /wet weather events. *The following references were used in these sections: • Stormwater Phase II Compliance Assistance Guide; United States Environmental Protection Agency, Office of Water, March 2000; Publication # EPA 833 -R -00 -002. • 40 Code of Federal Regulations, part 122.22, (3); United States Environmental Protection Agency. • Stormwater Management Manual for Western Washington; Washington State Department of Ecology; August 2001; Publication # 99 -11 through 99 -13. • Low Impact Development in Puget Sound; Innovative Stormwater Management Practices, a conference sponsored by the Puget Sound Water Quality Action Team and King County Department of Natural Resources through a Water Works Grant. • Low Impact Development Design Strategies, An Integrated Design Approach, Prince Georges County, Maryland, Department of Environmental Resources; June 1999. 10/15/02 Please submit before March 10, 2003 Page 20 of 20 18 - 20 Chapter 1— introduction September 2003 Table of Contents Chapter 2 - Stormwater Public Education Program 2 -1 2.1 Requirements 2 -1 2.2 Benefits: Why this Program is Important 2 -2 2.3 Model Program for Stormwater Public Education 2 -3 2.3.1 Develop a Stormwater Education and Outreach Strategy 2 -4 2.3.2 Stormwater Brochure for the General Public 2 -8 2.3.3 Targeted Stormwater Brochures 2 -9 2.3.4 Storm Drain Stenciling 2 -10 2.3.5 Promote Water Quality Education with School Districts 2 -11 2.3.6 Work with Volunteer Groups on Stormwater Education Projects 2 -12 2.3.7 Develop a Stormwater Speakers Bureau 2 -12 2.3.8 Create Stormwater Public Service Announcements 2 -13 2.3.9 Design a Stormwater Display 2 -13 2.3.10 Create a Stormwater Web Site 2 -14 2.4 Resources 2 -15 Appendices 2 -15 Appendix 2A — Example Stormwater Outreach Brochure 2A -1 Appendix 2B — Education and Outreach Strategy Development Template 2B -1 Appendix 2C — Questions to Help Identify Target Audiences 2C -1 Appendix 2D — Example Targeted Stormwater Brochure 2D -1 September 2003 Chapter 2 — Stormwater Public Education Program 2 -i Chapter 2 - Stormwater Public Education Program 2.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following information as the regulatory requirements for public education. This Model Program is intended to meet the EPA regulations and form the primary basis for complying with the Phase II general permit that the Department of Ecology will issue to eastern Washington cities and counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(1) Public education and outreach on stormwater impacts (i) You must implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. Guidance 40 CFR 122.34(b)(1) Public education and outreach on stormwater impacts You may use stormwater educational materials provided by your state, tribal, EPA, environmental, public interest or trade organizations, or other MS4s. The public education program should inform individuals and households about the steps they can take to reduce stormwater pollution, such as ensuring proper septic system maintenance, ensuring the proper use and disposal of landscape and garden chemicals including fertilizers and pesticides, protecting and restoring riparian vegetation, and properly disposing of used motor oil or household hazardous wastes. EPA recommends that the program inform individuals and groups how to become involved in local stream and beach restoration activities as well as activities that are coordinated by youth service and conservation corps or other citizen groups. EPA recommends that the public education program be tailored, using a mix of locally appropriate strategies, to target specific audiences and communities. Examples of strategies include distributing brochures or fact sheets, sponsoring speaking engagements before community groups, providing public service announcements, implementing educational programs targeted at school age children, and conducting community - based projects such as storm drain stenciling, and watershed and beach cleanups. September 2003 Chapter 2 — Public Education Program 2 -1 Guidance 40 CFR 122.34(b)(1) Public education and outreach on stormwater impacts In addition, EPA recommends that some of the materials or outreach programs be directed toward targeted groups of commercial, industrial, and institutional entities likely to have significant stormwater impacts. For example, providing information to restaurants on the impact of grease clogging storm drains and to garages on the impact of oil discharges. You are encouraged to tailor your outreach program to address the viewpoints and concerns of all communities, particularly minority and disadvantaged communities, as well as any special concerns relating to children. 2.2 Benefits: Why this Program is Important Successful implementation of the overall stormwater management program depends on more than just the actions of the municipality's staff — it depends on the everyday actions of the people who live and work within the municipality. Each community is comprised of different target audiences. Audiences important to the success of a stormwater public education program include: 1) the residential community, 2) commercial/ business community, 3) industrial sector, and 4) the development community. Unfortunately, not everyone in these audiences knows and understands the impact of their actions on the quality and quantity of stormwater runoff. Each audience has varying attitudes, perceptions, and levels of awareness that influence their behaviors. An effective way to influence attitudes, change perceptions, provide accurate information, and modify behavior is through a public education and outreach program. Through education and outreach, target audiences gain a greater understanding of water quality impacts from stormwater discharges and the steps necessary to reduce stormwater pollution. As a result, members of these target audiences may help with the implementation of a stormwater management program by providing valuable and support (e.g., fi. al support, volunteer time, resources auu Ssupport �c.g., auriai'i�.iu� suppvi�, v�i �aiuv, equipment). Benefits from an effective public education and outreach program can include: • Reductions in the discharge of stormwater pollutants to water bodies and improved overall water quality. • Increased compliance with the program, minimizing costs incurred for implementation of other minimum measures (e.g., less frequent stormwater system maintenance, fewer illicit discharges and connections). • An educated public passing this information on to others, reducing the burden associated with conducting all educational activities. • Greater opportunities to leverage resources among community partners willing to participate in program implementation. 2 -2 Chapter 2 — Public Education Program September 2003 2.3 Model Program for Stormwater Public Education The steps for developing an effective public education program include: • Understanding each target audience • Developing messages that will result in practices that do not pollute stormwater on part of target audience • Distributing messages in an appropriate format using each target audience's existing communication channels Addressing each of these steps is necessary when developing outreach and education materials and activities. The first action is to develop an education and outreach strategy that is specific to the issues in the local community. This stormwater education and outreach' strategy is developed in order to select and prepare for implementation of additional education and outreach BMPs. After developing the outreach strategy, the next step is to identify appropriate BMPs to implement the strategy. Note that depending on the community and outreach strategy developed, more than one BMP may be necessary in order to effectively implement the strategy. Consider one or more of the following BMPs to implement the outreach strategy: • Develop and distribute a brochure or equivalent outreach materials to inform the general public about stormwater issues and of the hazards associated with illicit discharges and improper disposal of waste. • Develop and distribute a stormwater brochure. • Organize storm drain stenciling projects. • Promote water quality education with school districts. • Work with volunteer groups on stormwater education projects. • Create a stormwater speaker's bureau. • Develop stormwater public service announcements. • Create a stormwater display. • Create a stormwater web site. This Model Program includes the public education BMPs listed above as examples of common public education activities. It is also acceptable to select and implement a different, but equivalent, BMP from those identified above. This may be necessary when an alternative idea for an educational BMP is a better fit for a particular community. If an alternative BMP is selected, include in the stormwater management plan a brief discussion on why the chosen BMP is equivalent to the other BMPs listed above. September 2003 Chapter 2 — Public Education Program 2 -3 2.3.1 Develop a Stormwater Education and Outreach Strategy The stormwater outreach strategy is the only required BMP. The outreach strategy will identify one or more additional BMPs to be implemented. These additional BMPs that could be implemented in the outreach strategy are d in RlVIP 2J_ I Required BMP 2A: Develop and implement a sto "« education and I outreach strategy that examines target audiences. Include in the strategy information on the hazards associated with illicit discharges and improper disposal of waste. Measurable Goal: By the end of permit year 3, develop a stormwater education and outreach strategy for implementing additional education and outreach BMPs during the remainder of the permit term. An effective education and outreach program begins with a comprehensive education and outreach strategy. The strategy focuses on identifying target audiences, including what they value and how they communicate. This information directly relates to determining the other education and outreach BMPs that are most appropriate for target audiences. Provided below is a description of how to develop an education and outreach strategy. It is a two -step approach that begins with characterizing target audiences and then crafting the strategy itself. Step 1. Characterize Target Audiences Specific groups within the community may have the potential to contribute pollutants to stormwater. If so, document characteristics about these groups for use in developing and distributing educational materials. For example, restaurants can generate significant quantities of grease which, if not properly disposed of, can pollute stormwater runoff. There may be other potential partners to help in implementing the education and outreach program. For exam a local rest association may hP able to efficiently pass information to its members on proper stormwater practices. Information about each target audience plays an important role in tailoring educational materials, Some questions to consider when identifying target audiences are included in Appendix 2C. In order to characterize the target audience, it is necessary to identify target audience categories, describe the major water quality concerns of the target audience, and identify potential partner organizations. The following bullets provide more information on these activities: • Identify categories of target audiences that have the greatest potential to impact the storm drainage system. Although some generalized educational materials are suitable for the general population, tailored educational materials for sub - groups of the 2 -4 Chapter 2 — Public Education Program September 2003 general population are also necessary to improve effectiveness. These sub- groups can share similar characteristics such as attitudes, perceptions, motivations, socio - economic standing, language, education, and age. Many stormwater educational programs focus on homeowners, developers, business owners, students, and government employees. It is also possible to further identify sub - groups to create even more specific target audiences. For example, the sub -group of homeowners breaks down further into auto repair do- it- yourselfers, gardeners, home repair do- it-yourselfers, homeowners on septic systems, and riparian landowners. These sub - groups are target audiences, and their characteristics drive the planning and implementation of the public education and outreach program. • Identify target audience concerns using knowledge of the community and other sources of information. Common methods of identifying target audience concerns include the use of focus groups, surveys, and interviews. These can be time and resource intensive undertakings. A quick and cost - effective way to identify target audience concerns is to use existing knowledge of the community and common sources of local information (e.g., newspapers, newsletters, meetings, community events, trade associations, yellow pages, fraternal organizations, chambers of commerce). By answering the following questions for each target audience, a rough characterization can be produced for use in developing and distributing educational materials. Example Questions for Describing Target Audience Concerns • What is the name of the target audience? • How large is the audience? • How do they receive their information about community issues? • How do they communicate with each other? • What organizations focus on serving them/meeting their needs? • What organizations do they belong to? • What do they value as a group? • What is their attitude toward stormwater and water quality issues? In addition to this information, contact information for each target audience is also necessary. This information is important for distributing educational materials. Contact information for target audiences may include the organizations and associations that regularly distribute information to specific target groups (i.e., fishing clubs, homeowner associations, neighborhood councils, business associations, etc.). Typically, these groups are willing to assist in getting information out to their members or provide their mailing list for distribution of pre- approved information. September 2003 Chapter 2 — Public Education Program 2 -5 To reach a broader audience, consider using utility bill inserts, tax record databases, or postal carrier route distribution to specific postal codes. This type of database information is available from various municipal departments (e.g., property tax office, utilities) or from local organizations such as the chamber of commerce or other civic associations. • Identify potential partner organizations. In addition to target audiences who will receive educational materials, identify organizations that have the capacity to assist with education and outreach efforts. Consider organizations that currently have volunteerism or community service as part of their mission (e.g., Boy and Girl Scout troops and Rotary, Kiwanis, and Lions clubs), that focus on environmental protection (e.g., school environmental clubs), or work to improve the community's quality of life (e.g., block clubs, church groups). Many of these organizations, including individual businesses, conduct regular or annual community service projects. They are often looking for projects that members or employees would enjoy working on. Consider contacting these organizations to begin establishing partnerships and collaborative efforts. Suggest activities, such as storm drain stenciling and stream cleanups that would be mutually beneficial to both the municipality and the partner organization. Step 2. Develop Education and Outreach Strategy Using information about the storm drainage system and target audiences, develop an education and outreach strategy to help implement the overall program. The strategy identifies a variety of information, including the driving force (i.e., key problems caused by stormwater associated with the target audience); the key message(s); the objective (e.g., raise awareness, educate, or motivate action); the format for delivering the message; the distribution method; and the responsible parties and/or partners. There are no requirements related to the format of the strategy. The strategy may consist of a comprehensive document or it may be a completed version of the table shell provided m Appendix 2B. In order to develop the education and outreach strategy it is necessary to identify, using the target audience characterization completed in step 1 above, key stormwater issues and educational materials and distribution methods. Additional information on these activities is found below: • Identify key problems caused by stormwater and potential solutions. The goal of this minimum measure is to inform target audiences about the impacts of stormwater on water quality and motivate them to implement solutions. To achieve this goal, education and outreach materials must contain information about stormwater problems affecting water quality in the community and potential solutions. 2 -6 Chapter 2 — Public Education Program September 2003 Without sampling and analysis, it is appropriate to make general assumptions about the pollutants impacting stormwater runoff based on the types of land uses found within the community. For example, areas experiencing new and re- development may contribute significant amounts of sediment to the storm drainage system. Elevated levels of nutrients from lawn care, pet wastes, and improper connections with the sanitary system are often associated with residential areas. For more specific information about water quality problems due to stormwater impacts, review monitoring data from the Washington State Department of Ecology (see http: / /www.ecy.wa.gov /programs /eap /wrias /index.html) collected to develop 305(b) water quality assessment reports and 303(d) impaired water body listings for the Total Maximum Daily Loads (TMDL) Program. Also, contact local conservation districts that conduct volunteer water quality monitoring to determine if their data characterizes stormwater pollutants. Once a better understanding of the key problems associated with stormwater is developed, identify the solutions to be promoted in educational materials for various target audiences. Solutions must be technically, legally, economically, and socially feasible. Otherwise, implementation of these solutions by target audiences is unlikely. Remember, the messages used to "sell" each solution must focus on the benefits to the target audience — not necessarily the benefits to water quality — to be effective. Although there must be an emphasis on the connection between behavior and water quality, educational materials must promote factors such as cost - savings, good publicity, legal consequences, or friendly competition that serve as the target audience's primary motivation. • Develop educational materials and plan distribution methods. Organizations within Washington and around the country have developed a wide range of educational materials that address stormwater pollution. Their materials often focus on stormwater as a non -point source, but the problems, solutions, and messages still apply in the context of a stormwater program. To avoid duplication of efforts, identify existing educational resources that contain appropriate messages and use appropriate formats for the target audiences listed in the education and outreach strategy. Contact the organizations responsible for producing these materials to inquire about adopting and adapting these materials. Ask about licensing fees associated with using photographs or specific requirements for crediting funding agencies. The appendices to this chapter contain several examples of existing educational materials that can be used for stormwater educational purposes. Using the target audience characterization, determine the best mechanisms for distributing educational materials to each target audience. Where September 2003 Chapter 2 — Public Education Program 2 -7 possible, take advantage of existing communication channels and "piggyback" the distribution of stormwater educational materials. The goal is to have target audiences hear the educational message and adopt practices that do not pollute stormwater; creative distribution is key to having a target audience "hear" and respond to a message. 2.3.2 Stormwater Brochure for the General Public °� Optional BMP 2B: Develop and distribute a brochure or equivalent 1 program to inform the general public about stormwater issues and of the hazards associated with illicit discharges and improper disposal of waste. Measurable Goal: Distribute the brochure to 90 percent of the residences and businesses served by the storm drain system by the end of permit year 5. Develop and distribute a general brochure on stormwater. The purpose of this brochure is to address how stormwater can impact water quality and the steps that people can take to reduce stormwater pollution (e.g., do not dump to storm drains). This brochure does not need to be tailored to each specific community. In fact, there are many examples of stormwater outreach materials available from other cities and states for adaptation and/or adoption. One element of the illicit discharge detection and elimination minimum measure (Chapter 4) is to "inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste." This BMP fulfills this element. An example of a public educational brochure on stormwater issues and hazards of illegal dumping is included in Appendix 2A. This brochure, from Las Vegas ( http: / /www.lvstormwater.com/pdfs /swqmc brochure.pdf), focuses on protecting Lake Mead, but the language could be easily adapted to address a local water body or ground water. The first page describes some of the problems and solutions, or "things you can do," to help protect water quality. Additional examples of public education brochures are available online at: • Do You Know Where the Water In Your Storm Drain Goes? Orange County Urban Stormwater Pollution Prevention Program. http:// www. sanjuancapistrano .org/media/PolPrev StormWater.pdf • Think Blue. Easy Solutions for Keeping Our Creeks, Bays, and Ocean Clean. City of San Diego. http: // thinkbluesd .org /brochures/ThinkBlue Brochure.pdf • Managing Stormwater: Changes and Challenges in Carrollton. City of Carrollton. http:/ /www.cityofcarrollton.com/images l /envquality /pdf /SWManage.PDF 2 -8 Chapter 2 — Public Education Program September 2003 • Stormwater Pollution: Keeping Our Creeks Clean Starts with You. City of Carrollton. http:// www.cityofcarrollton.com/images 1 /envquality /pdf /SWPollution.PDF Additional Distribution Methods: There are many opportunities to "piggyback" the distribution of educational materials onto the distribution of others such as newspapers, newsletters, and community events. Take advantage of these existing communication channels for distributing materials and messages in an effective and cost - efficient manner. Consider distributing materials in the following ways: • Make materials available at city offices and selected facilities (e.g., park offices, libraries, schools). • Distribute information through various community, association and organization newsletters, as inserts in your local newspaper, through utility bills as inserts, or other methods developed under BMP 2B. • Participate in and distribute stormwater material during appropriate public events (e.g., Earth Day events, county fairs, stream clean- ups). Exposing target audiences to a message on a regular basis can raise awareness. A combination of formats and distribution channels to reach each target audience is beneficial. A feedback mechanism can be developed for evaluating the effectiveness of the materials and the changes in target audiences' level of awareness regarding stormwater. 2.3.3 Targeted Stormwater Brochures Optional BMB 2C: Develop and distribute stormwater brochures that address a variety of different target audiences. Measurable Goal: Distribute targeted brochures according to the education and outreach strategy for each target audience by the end of permit year 5. • Appendix 2D presents an example of a targeted stormwater outreach brochure for restaurants. Other brochures target the automobile repair shops, certain industries, and the construction industry (see http: / /www.ci. phoenix.az.us /STREETS/bmps.html for a list of all the brochures). Each brochure describes specific practices for protecting water quality as well as practices to avoid. Brochures targeted and written specifically for the audience are often more effective than general brochures. The stormwater education and outreach strategy (BMP 2A) will provide direction on target audiences and issues to consider when developing targeted brochures. September 2003 Chapter 2 — Public Education Program 2 -9 Target audiences include residents, businesses, industries, and developers. Consider addressing topics such as pet waste management, pollution prevention tips for landscaping, proper disposal of household hazardous waste, pesticide use, do- it- yourself auto maintenance, car washing, and/or pavement deicing. 2.3.4 Storm Drain Stenciling l Optional BMP 21): Plan and conduct storm drain stenciling projects using "Do Not Dump — Drains to Stream" or an equivalent message on storm drain inlets draining to the system. Measurable Goal: Beginning in Permit Year 3, Stencil 20 percent of all storm drain inlets within the storm drain system boundary during each permit year. Stenciling storm drains with messages such as "Do Not Dump — Drains to Stream" or "Do Not Dump — Drains to Ground Water" have proven very effective in many jurisdictions. Some residents still do not know that material placed in storm drains is not treated at a wastewater treatment plant before reaching a river or infiltrating into ground water. These permanent messages on storm drains serve as constant reminders and teaching tools for everyone who sees them. There are several options to consider in terms of what type of stencils to use and how to get the job done. First is to consider enlisting the aid of volunteer organizations. Second is to decide on the method of applying th messages. To apply the "no dumping" messages, use either actual stencils that require paint or signs and emblems out of plastic and metal that permanently affix. Labor for stenciling can come from either municipal employees or volunteers. Set a goal to complete a certain amount of storm drain stenciling by the end of the first permit term. Using the storm sewer system map completed for the Illicit Discharge Detection and Elimination minimum measure (described in Chapter 4), prioritize storm drain inlets according to potential risk (e.g., inlets with a history of illegal dumping; inlets located near industries with outdoor, uncovered operations; and inlets located near areas with high rates of development) and begin stenciling projects in those areas. Prior to initiating stenciling projects, conduct targeted education in the surrounding neighborhoods. Brochures explaining the storm drain stenciling project will notify households of the activity and its purpose. Distribute these brochures either via mail or find volunteers to deliver it door -to -door. To order stencils from the Washington Department of Ecology, call 1-800 - RECYCLE. Stencils and logistical information is available from Earthwater Stencils, Ltd.'s website http://vvvvw.earthwater- stencils.com/index.htm 2 -10 Chapter 2 — Public Education Program September 2003 2.3.5 Promote Water Quality Education with School Districts Optional BMP 2E: Contact school districts to discuss opportunities to integrate water quality educational materials into the classroom and provide educational materials when requested by schools. Measurable Goal: Contact all school districts within the storm drain system boundary by the end of permit year 5 to discuss water quality educational opportunities in the classroom. For this BMP, contact all schools districts within the storm drain system and offer to distribute appropriate water quality educational materials. If feasible, offer staff from a department involved in stormwater management to teach some of the material or organize alternative educational efforts such as tours of wastewater treatment plants or stream restoration visits. The Washington Department of Ecology's Environmental Education program lists Classroom Curriculum Guides (K -12) that could be distributed to local schools. See the web site http: / /www.ecy.wa.gov /news /ee /curricul.html for more information. Ecology also holds workshops for teachers on Project WET, Water Education for Teachers. Additional information can be found on Ecology's Environmental Education web site. Below are two examples of educational programs specifically developed for schools: Boise's Environmental Presentations to Schools The city of Boise, ID, Environmental Division staff teach environmental programs in Boise public schools focusing on the elementary grades. Presenters provide visuals, hands -on activities, materials for students to keep and supplemental teaching materials, if requested. Each presentation is interactive and can accommodate a variety of grade levels. One hour presentations on ground water protection and stormwater protection, along with other topics, have been created. For more information, see http : / /www.cityofboise.org/public works /education/ or contact the Boise City Public Works Department. EPA's Water Sourcebooks EPA's Water Sourcebooks are also available as an educational program. The Water Sourcebooks contain 324 activities for grades K -12 divided into four sections: K -2, 3 -5, 5 -8, and 9 -12. Each section is divided into five chapters: Introduction to Water, Drinking Water and Wastewater Treatment, Surface Water Resources, Ground Water Resources, and Wetlands and Coastal Waters. The program is available on the web for printing and use by educators. http://www.epa.gov/ogwdw000/kids/wsb/index.html September 2003 Chapter 2 — Public Education Program 2 -11 2.3.6 Work with Volunteer Groups on Stormwater Education Projects Optional BMP 2F: Contact volunteer organizations to discuss opportunities to integrate stormwater into existing education projects. Measurable Goal: Contact at least 5 volunteer organizations by the end of permit year 5 to discuss and promote stormwater education. Many volunteer organizations within the storm drainage system may already conduct water quality related educational programs. Where these organizations e x : 4 th. S ! b willing to incorporate 4 torn �l�isi, they may be wiaiing �:i iiiv(irporaie .�9iviiiirJa 4 Cer issues into their programs and activities to help meet this minimum measure. Begin by researching the various volunteer programs and organizations that focus on the boundaries of the storm drainage system and/or the watershed and identify ways to integrate stormwater issues into these existing volunteer opportunities. Existing volunteer programs and organizations that may be willing to take on stormwater issues include school organizations, civic associations, and environmental organizations. After developing a comprehensive list of these volunteer programs and organizations, contact the volunteer coordinators and discuss how to incorporate stormwater related activities with ongoing activities and programs. Document these existing programs and organizations along with information related to the potential for integrating stormwater issues. If volunteer programs and organizations agree to address stormwater i pro these gro w ith information regarding stormwater management and effective stormwater controls. 2.3.7 Develop a Stormwater Speakers Bureau Optional BMP 2G: Develop and promote a stormwater speakers bureau that gives presentations on stormwater issues throughout the community. Measurable Goal: Develop a speakers bureau by the end of permit year 4 and promote the use of this speakers bureau by contacting at least three groups each year. Recruiting a team of stormwater management advocates from target audiences is one way to educate stakeholders and to distribute stormwater educational messages at a low -cost. Speakers bureaus are an effective way to get out information on stormwater management and have the message come from a representative of each target audience. All that is needed to implement this BMP are presentation materials on stormwater management and a group of willing volunteers who like to speak in public. In order to implement this BMP, develop presentation materials and actively recruit volunteers to join the speaker's bureau. Offer the services 2 -12 Chapter 2 — Public Education Program September 2003 of the speaker's bureau to schools, civic organizations, and/or corporate events. An example of a speakers bureau developed by a city in Colorado can be found online at http:// www. greenwoodvillage .com/cityman/speakers.html. 2.3.8 Create Stormwater Public Service Announcements Optional BM? 211: Broadcast stormwater public service announcements (PSAs) through newspapers, television, or radio and run the announcements at appropriate frequent intervals to ensure target audiences are exposed to the message. Measurable Goal: Create a stormwater PSA by the end of permit year 5, and run this PSA so the population within the jurisdiction receives the information an average of 3 times over the course of a year. Most people within communities receive their information from mass media sources such as newspapers, television, and radio. While these forms of outreach tend to be more expensive than printed materials, they can reach a wide audience and have a stronger, more lasting impact. Design public service announcements (PSAs) for mass media sources such as newspaper, television, or radio. To have an impact, audiences need exposure to PSAs over a long - period of time and at regular intervals. Many communities have already designed and used PSAs related to stormwater and make these PSAs available to other communities to use either for free or at a minimal cost. The frequency of PSA ads is up to each jurisdiction, however, in order to make sure that the PSA is received by an appropriate number of people, use estimates of the audience reached by that media to calculate a total number of people reached by the PSAs. For example, radio stations have estimates for the number of listeners at various times of the day and newspapers have the total numbers of subscribers. The PSAs should run enough times so that each person within the jurisdiction will view the PSA an average of three times over the course of a year. Washington State Department of Ecology Water Quality Consortium (http: / /www.ecy.wa.gov /programs /wq /posters/) has a series of newspaper and television advertisements available to local governments. The ads come on a CD ROM in a format that can be customized. See the web site listed above for more information on ordering the materials. 2.3.9 Design a Stormwater Display Optional MBP 2I: Display a stormwater exhibit at various community locations and events (e.g., county fairs, city events). Measurable Goal: Develop a stormwater display by the end of permit year 5 and use this display at various events an average of 4 times per year. September 2003 Chapter 2 — Public Education Program 2 -13 Buildings and events that have regular traffic and/or attract a large number of people provide an opportunity for stormwater education. Free - standing educational displays are intended to communicate information in an easy - to- understand format using photographs, maps, and hands -on activities. Educational displays convey information to a broad audience due to their mobile nature, and they are easily adapted for different audiences and/or venues. In some communities, educational displays in libraries or city hall become semi - permanent or permanent exhibits. Mobile displays also travel from event to event, such as festivals and fairs, or rotate from location to location, such as schools and nature centers. T order t de and develop n educational display ' on stormwater order iiC.r to CiVSi aiiai a educational 13 ..:3 t � ater l issues, include messages for members of each target audience, provide information on stormwater problems and solutions, and use a combination of images and text to convey information. In addition to developing the display, use the information contained in the education and outreach strategy (BMP 2A) to identify the most effective places and/or events to set -up the display. Send the display to at least one location/event that focuses on each specific target audience during each permit year. Also, use the display as a mechanism for distributing the other stormwater information, such as brochures. 2.3.10 Create a Stormwater Web Site Optional BMP 2J: Create a stormwater website that contains educational information for a variety of target audiences. Measurable Goal: Complete a stormwater web site section on an existing web page, or independently, by the end of permit year 5. The site will be rn ^lil year ✓. The l�V VV I updated monthly during the rest of the permit term. Many target audiences have access to the Internet through home, work and/or school. Websites serve as a powerful educational tool given the increased access to computers and the Internet. Electronic information also facilitates involvement in other BMPs and community service projects (e.g., reporting of illegal dumping, registering for storm drain stenciling activities). Websites function as a public notification tool, aiding implementation of the Public Involvement and Participation minimum measure described in Chapter 3. In addition, using a website as an educational resource reduces costs by decreasing funds needed to print and distribute educational materials. Design and develop a stormwater website that contains educational information on stormwater and information on the jurisdiction's stormwater program. Include the website address on other forms of outreach, such as brochures and displays, to ensure that the community knows where to find additional information about stormwater. 2 -14 Chapter 2 — Public Education Program September 2003 Provided below are links to two stormwater websites for Las Vegas, Nevada, and Sacramento, California. These websites provide examples and different ways to format information. Las Vegas Stormwater http://www.lvstormwater.com/ Sacramento Stormwater Management Program http://www.sacto.org/cleanwater/ 2.4 Resources Las Vegas Education examples http://www.lvstormwater.com/education.html Puget Sound Public Education Info http: / /www.wa.gov /puget sound/Programs/Education.htm Wash Ecology NPS educational product showcase http://www.ecy.wa.gov/forms/showcase/ City of Boise Public Works Education Program http : / /www.cityofboise.org/public works /education Water Education Foundation http://wwvv.water-ed.org/store/default.asn The Terrene Institute http: / /www.terrene.org/index.htm Earthwater Stencils http://www.earthwater-stencils.com/index.htm Getting In Step: A Guide to Effective Outreach in Your Watershed http: / /www. epa. gov / owow /watershed/outreach/documents /getnstep.pdf EPA National Menu of BMPs http : / /www.epa.gov /npdes /menuofbmps /pub ed.htm Appendices Appendix 2A - Example Stormwater Brochure Appendix 2B - Education and Outreach Strategy Development Template Appendix 2C - Questions to Help Identify Target Audiences Appendix 2D - Example Targeted Stormwater Brochure September 2003 Chapter 2 — Public Education Program 2 -15 Appendix 2A - Example Stormwater Outreach Brochure TM The Stormwater Quality PROBLEM THE SOWTtON Management Committee is a REFUSE OR TRAS Trasti Minpai h THINGS YOU CAN DO multi - agency effort committed to ° tems and MORS dugs rhyrA i3rXnak. 2nd ' the development a and nun ge� r Ma p®s ,Nkitp `'k !ma =wall JOIN THE STORMWATER QUALITY as Okla Ira+woke MAN AC, EfilENTEFFDRT- :kzatatier implementation of stormwater n stam dram mnd Manta pollution monitoring, control and PET WASTE - st2 nonlaIns ta ur s►camwa rpollutants Kanp paid trESS Off s3x 1 outreach efforts within the Las WW2 backain SIM p slarn, ta. 1: yardsand puts. waste tat hnutplcknd up parkrscr ynrdts Vegas Valley. talks lawn wits pmt': a ware culled and AVOID WATER R UNOFF & than traw ksIolastisrn Otspnsa atpa �OJ� worst lnivalra±tt. IL EROSION-Woks oksls !rampart fcr many urban tutants. Use a brawn in The goal of this taro. hure Is to alert swamp up clants, and 1x ratify sperkkr residents tha t dumping litter or other FERTILIZER FERTILIZERS-C.4m tartthtng yo.a town MI Decorab rotIks a plants can hap roduca sdr mere !Mil g rowth o alga In sk r r a►vskcn In land ace sea cornmcn hazardous materials Is channaft and Lnila PAM ad radon Iha p harmful to our eredronrnent and our 1ma.n1or oxygen In hawatar.wild: is media CHECK YOU CAR FOR LEA1 Pt ea water quality. lt�ja�tatkett�. drip p i urkifrtrrifing vehiclescrhemtoim Stcr m drains are located throughout 7 ` t k nd d o optimal,' i satra rb,ant matarla s I'M Clark County. Storm drains remove excess water from streets during rainy TRASH & RECYCLING-ptopoly disputa RECYCLING- o a weather, vehrc le washing and from S , w , d rri it4 print, anirreaao and other tort: ' over Irrigation of grassy areas. later " maartois Nousie arri raperke vA arc passIbla. from the storm drains flows through our washes to Lake Mead and Is not a f '9, OUTDOOR CLEANING-Wash nuking° thorns treated to remove pollutants during Dirty Farm bra n earl re odegredeble soap, ca at a can manta! car this trip. wash hat threes and mess ns mesh and rhsia mitar, PAINT. ANTIFREEZE. P ESTICI DES - Sign warning r itizons not to dump ,4.thpup etairrrtun, thG-sa IkranS era satart TAKING CARE OF BUSINESS - Businesses ollukanis in to the .farm drain. classified herard0itsmks. rasa iireaarpalsloane pool =Wows ,mott4ad g , p products are toxic to his, •arlitAifa 1 Ina 9rvm g Drat of ttr_, Saul =M s CM ,[ d tiarrn artwtrrsnat+001notdt x'ssaiofpmparty. l unardsoapyc +rt3•iralnat�tvwrat�r by the !rankly savor "t: kinour mars kr wtazd In front rs ' _ — ul anat AUTOMOTIVE FLUIDS - Used ay In soma cases ti the g magi) driest houses e.i°° --- MA srape.sradda,Fn :i rr�s r Sanity a Clem Out" ""' ` a atrmi drains or Ma € r :< silo the sired, low hi M a u l aadunkrahad.. idl rmorkil u A � •a undor„at w Flacon and sirquatin trig. One squats c�kl - �pc8Lta up Irr250c1QOatarrsct v5,4,',„ ' te emirs. ^ #;,..aruaw�k,yu pn.�Mr"ler'."'r"` °`�` , : � S { September 2003 Chapter 2 — Stormwater Public Education Program 2A - 1 1 Y Be „vrou il a n r polluting R P4.4 z' INFO RMATION A RnUT: 1 cad... M . FOR MORE INFO , P La k(' it! know ' . $ '.:2 n & DisP'zi 1 ,L2i, .' ,A, nde Reck S"-"e - ;,... t- lbw paglf` i the Y-1 . licn: se,3 Peri/di/3 1 1 -71 criTO Perr-ing. intihe yelovo Pag 5.' se roict'l n 4 0 A (1 it, pick UP „S'ir's..r.sa" 5: I , . HenIji: ;ion' Stale LA P RepuL;3's 5151 aud 1 nulteveu ( 71721 g a TO li, ll h . v-takriti, t-.,.. ,/ ,,out 9 t;*44.41,1'1*'-fterr ." ,,,,,,,:t'A ' , ,, ..1 , , ;•„2.,..... & ,o,, ,„',„- - 4 ,,, C:".71:Trr,:tlefilml-6737P11-1--mi iCt7-11:ptr.rds[131heilr4:micte:77"17ertP°21m:IC;r1g 1702) 45E-41 , 14 Clerk ectrif„i 13, wWW.1.A" °I 1 ,, , IN1001. 1 i I water dr 'um InPlesci e5ocri jvstorm - - F. or E . :e r.pxa C i a ra i: ces ou i:i p po o tu : esiu that wWW inanaRET,s and tall ci_otact 04 , ,40,,joiitie pretentionyi: rror En d roc cal re-IP sa uatIlY ctiet' all' , q 01111 ii c .... tip - torrniv . , wykrw.I vs , . nsr-fecl 2Y iity sP° 'a .c The 5 tOr ter Qua _ oimim it ee - 4 4., 1 400Y Manag t G iz,ach Tearn 14):4 fp°61*44*''4 : be septem • I 2 Chapter 2– Public Educa 9111°• • , 1 I 0 - — ' ----;*. w et*** , )gram Appendix 2B - Education and Outreach Strategy Development Template Driving force: (list stormwater problems to be addressed by educational material) Target Audience: (list sub -group of the general population that has the potential to impact stormwater quality) Messages: (list messages that contain "hooks" to get target audience to respond) Objective Format/Distribution Schedule Responsible (quarters) Party List desired • Describe type of educational material and List departments, outcome of how it will be distributed organizations, educational etc., responsible effort for material development and distribution Example of Education and Outreach Strategy Driving force: Nutrients, organic matter, and oil and grease Target Audience: Homeowners Messages: • Protecting our watershed today will protect our quality of life tomorrow. • Preventing pollution at the storm drain will save you money. • Swimming with the "first flush" is hazardous to your health! Objective Format/Distribution Schedule Responsible (quarters) Party Make • Submit articles in local newspapers x x x Public Works audience Department aware that Submit articles in homeowner association x x Public Works • their day -to- day activities newsletters Department affect the • Develop and air PSAs featuring the 10 Did x Watershed resource You Know? Questions about the Association watershed • Mail brochure to all riparian residents with x Watershed the 10 Did you know questions Association September 2003 Chapter 2 — Stormwater Public Education Program 28 - 1 Objective Format/Distribution Schedule Responsible quarters Party Educate the Distribute Riffles and Runs Newsletter to x I Watershed audience on residents Association the causes of Make Presentations to homeowner x Local Garden water quality ,,I ,_ impacts and associations and schools and distribute give - Club what actions sways they can take Distribute watershed placemat x Watershed to minimize Association the impacts. Continue to print articles in local papers and x x x Public Works related publications Department Conduct Watershed fair Watershed Association Distribute calendars to residents Public Works Department Develop targeted brochure on land -use Soil and Water decision making and maintaining riparian Conservation buffers District and Planning Department Sponsor the Bear Creek Players at community Community events Foundation Objective Format/Distribution Schedule Responsible quarters Party Promote Hold landscaping workshops Soil and Water involvement Conservation thro District a-- participation Hold community meetings to promote Watershed of activities participation in land -use decisions Association and Planning Department Recruit homeowner associations to become Watershed stream stewards Association 28 - 2 Chapter 2 — Public Education Program September 2003 Appendix 2C - Questions to Help Identify Target Audiences Who is the w Do fih R e .O g ions,. ` u ':: Will We fi Audience? Infuriation`:. ei:::,' } Municipal How many What publications do What groups do local Employees departments /agencies employees regularly government employees belong address stormwater- receive (e.g., new to (e.g., unions, local related issues in their employee orientation watershed organizations, responsibilities? guide, employee churches, special committees, newsletter, paycheck)? nature centers, block clubs)? How many employees What is the community are there in these website? departments? Where are central information sources located at each government facility? When do staff meetings take place? September 2003 Chapter 2 — Stormwater Public Education Program 2C - 1 ..:::...... �_ s` �e::,`...::< .a:��::lv:�e.:,r.e��ie�:< <:��t� �� � . ... .....,.... .,..: ,. ... ,,. „ , >. ...:... >,: Y ._.. s ue. - .. < ..fit.. . .:. ...a „ r .............: < :..., <�.. -v ... .. - . . ter. .. ., .... , .v.<. .. .. •� � .x a .. ., `s...,.,:. ...,. , u,> „, via .. .. � .....,.fix.. 3, .. Y:3>,: > a -'..�. , .. 11:i: � � ^e.,.7�>'ZF ....,.. vin Resd What is the total at is the most popular at groups exist that - target [ i;;t; population of er in your Homeowners (e.g., p your i r ewspa p community? ommunity? omeowners associations, lock clubs, neighborhood " v eiopn ieiii, associations, How many households at newsletters do ecreational groups)? are located within esidents receive and how your community? e ften? at libraries do people isit? . _ at churches do people .ttend? • e there programs in . lace to reach new residents that move to your community? Schools How many schools are Which schools have What groups might students located in the newspapers and how belong to at all levels (e.g., community? often do they go out? boy /girl scouts, 4 -H Club, Junior Achievement, student councils, school How many are How often does the environmental clubs, local elementary schools? student body gather for chapters of environmental High schools? assemblies? organizations, nature Colleges and/or centers)? universities? When are guest speakers invited to visit the What is the schools? approximate student population at each of these schools? 2C - 2 Chapter 2 — Public Education Program September 2003 • • Vic► l UOW Ole$ . e , What Qr #00 +`� -° Ow Vi Ie , T Aadlesic �. _,^ „_�.�, ., : i € iri a> a :wg.: , �u , 9 t iem ` .. .,�, .r�::. .. . , ........._ .............. ......... .. � . 3 i , ,.. ,.n, ,.. 5.,. „�. =!sue, ° �._. �� «, �. �,�i[CR s L .. -. .,.... .. ........ ..:, , t r, _ . n F .t <..:,... f ^'.. ,` � .3'2,.F.��w, £,. .:.. :: �v:: `�'.:�.�'.'..., , `3 `iw< ..:"'k. , aq' . f .. . . .- .... <.. -.::. , n ....... > ,<, . „ • , ...r.: ^'.<.. . ... , .�,.£. .:...=<. +S �l` 2� >;c,��LT'r'`.�, " ��� Yip :. ....: .. .. .. ..... :....:: ......:.: ....,. .. .:.,:..a,... >:.:. :: . :.:?:::'..':,:_..... ..•,�., ,.., ., ......u:..,.. .. <: '�:.,4::sr..,.. � ' .... ... ss ::. ..... .......... . <.,,. ,.. ,. » < . - . Ha ... „ nc . .; . ... . >p..._,,,.:y; %�:' >.H >: a. > °s'h;`? <». v- "�� ti t .. ,., .... .... .... ....ten ;. ... _...�., .,. 0 : -3 Businesses How many businesses What newspapers and What groups or associations are located within other periodicals do might businesses belong to your community? business owners or communicate with subscribe to? businesses (e.g., chamber of commerce, trade associations, rotary club, What local community foundations, programs /organizations small business associations)? work to recruit and retain new businesses in your community? Developers How many developers Where do developers go What groups or associations and contractors work to get information on the might developers belong to within your community's or communicate with community? development developers (e.g., chamber of requirements? commerce, trade associations, rotary club, How many developers community foundations, have submitted What newsletters small business associations)? building permit specifically target requests? developers in your area? What newspapers and other periodicals do developers subscribe to? September 2003 Chapter 2 — Public Education Program 2C - 3 Appendix 2D - Example Targeted Stormwater Brochure Example of a targeted restaurant brochure from the city of Phoenix. Taken from http: / /www.ci. phoenix .az.us /STORM/restaur.html. The City of Phoenix urges all valley residents to do their part in implementing Solutions To Pollution Urban stormwater runoff pollution includes chemicals, cleaning solvents, mop water, oil, grease and food particles. This pollution damages the environment, killing plant and animal life. The valley cities are required by federal law to educate the public on stormwater concerns. Please join us in our effort to reduce urban stormwater runoff pollution. Follow these simple tips and be a solution to pollution. Restaurant Industry Tips - DON'T DO wash kitchen mats or rugs outside, in the wash mats indoors, near the kitchen floor alley, on the sidewalk or in the street. drain, in the mop sink or have them professionally laundered. DON'T use toxic chemicals like bleach and DO detergents to wash down your outdoor sweep up food and trash before using a mop dining area or allow the area go unswept. and bucket to wash the outside dining area, then dispose of the water in a mop sink or DON'T kitchen floor drain. use toxic chemicals like bleach and detergents to clean trash containers DO outside. sweep out debris from trash cans, scrub with a brush and soap, then rinse the cans into a mop DON'T sink or kitchen floor drain. pour oil or grease into a trash bin, storm drain, the street, sanitary sewer or on the DO ground. collect bulk oil and grease in a "tallow bin" container and contact a firm to haul it away DON'T regularly. allow employees to teach and monitor themselves about your operating DO procedures. train employees on the proper ways to clean and operate the facility and dispose of wastes. Do Your Part To report illegal dumping in storm drains or for more information call # # #- # # # - # #. September 2003 Chapter 2 — Stormwater Public Education Program 2D - 1 Table of Contents Chapter 3 - Stormwater Public Involvement and Participation Program 3 -1 3.1 Requirements 3 -1 3.2 Benefits: Why this Measure is Important 3 -1 3.3 Model Program for Stormwater Public Involvement/Participation 3 -2 3.3.1 Public Review/Public Meetings 3 -2 3.3.1 Optional BMP: Distribute News Releases 3 -4 3.3.2 Optional BMP: Stakeholder Advisory Panel 3 -4 3.4 Resources 3 -5 Appendices 3 -5 Appendix 3A — Public Meeting Planning Checklist 3A -1 September 2003 Chapter 3 — Stormwater Public Involvement 3 -i and Participation Program Chapter 3 - Stormwater Public Involvement and Participation Program 3.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following information as the regulatory requirements for public involvement/participation. This Model Program is intended to meet the EPA regulations and form the primary basis for complying with the Phase II general permit that the Department of Ecology will issue to eastern Washington cities and counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(2) Public involvement /participation (i) You must, at a minimum, comply with state, tribal and local public notice requirements when implementing a public involvement/ participation program Guidance 40 CFR 122.34(b)(3) Public involvement /participation EPA recommends that the public be included in developing, implementing, and reviewing your stormwater management program and that the public participation process should make efforts to reach out and engage all economic and ethnic groups. Opportunities for members of the public to participate in program development and implementation include serving as citizen representatives on a local stormwater management panel, attending public hearings, working as citizen volunteers to educate other individuals about the program, assisting in program coordination with other pre - existing programs, or participating in volunteer monitoring efforts. (Citizens should obtain approval where necessary for lawful access to monitoring sites.) 3.2 Benefits: Why this Measure is Important Public involvement/participation activities can gain much needed public support for stormwater management program implementation. As mentioned in the previous chapter, the success of the overall program relies on changes in the public's attitudes and behaviors. Early and frequent public involvement in stormwater management increases awareness and broadens public support. By providing interested members of the public (also referred to as stakeholders) with the opportunity to participate in the design of the stormwater program, the potential for legal challenges decreases and stakeholders' sense of program ownership increases. September 2003 Chapter 3 — Stormwater Public Involvement 3-1 and Participation Program In addition to changing stakeholders' attitudes, opportunities to participate also play an important role in education and behavior modification. • Volunteer programs that allow people to monitor water quality in streams, stencil storm drains, or clean trash from streambanks illustrate the connection between everyday actions and water quality while providing people with a sense of accomplishment. They see that they are truly a part of the solution. Stakeholders also help provide access to additional funding sources, expertise, and other important resources (e.g., equipment, facilities, and media outlets). Public education programs are further described in Chapter 2. 3.3 Model Program for Stormwater Public Involvement/Participation Involve the public in both the development and implementation of the stormwater program. Public notice requirements are the minimum element of this minimum measure, consisting of the following steps: • Public review /public meetings, including local newspaper advertisements • News releases A significant amount of public input and involvement has already been included in the development of this Model Program. The Easter Washington Stormwater Project Steering Committee was made up of state and local representatives to oversee the development of both this Model Program and the eastern Washington Stormwater Manual. The Model Program Subcommittee consisting of state and local representatives was also formed to specifically oversee and comment on this Model Program. In addition to holding committee and subcommittee meetings, the project group requested public comments on the Draft Model Program and held public meetings to discuss the Model Program. There is only one required BMP for public involvement; BMP 3A on public review /public meetings. BMP 3B and BMP 3C are optional BMPs at the discretion of each jurisdiction. 3.3.1 Public Review /Public Meetings Required BMP 3A: Hold public meetings and solicit public review of the stormwater management plan. Measurable Goal: Hold at least two public meetings and publish at least two public notices during the first permit year. Follow all local and state public notice requirements to ensure that the public has an opportunity to participate in the program. Local public notice requirements vary, but will probably consist of public meetings, 3 -2 Chapter 3 — Stormwater Public Involvement September 2003 and Participation Program including city and county council meetings, and publishing notices in local newspapers. Planning and conducting a public meeting will consist of the following main steps: Step 1. Determine the appropriate type of public meeting format. There are many things to consider when planning a public meeting, including format, time, location, agenda, and facilitator. Not all public meeting formats are alike, depending on the goal of the meeting and the items on the agenda. Since the goal of this meeting is to first inform and then to obtain stakeholder input, formats such as workshops and/or open houses are most appropriate. Give stakeholders attending the meeting an overview of the stormwater program and then transition into a format (e.g., workgroups) conducive to sharing ideas and information. Be sensitive to the factors that can influence stakeholder participation, such as the date and time of the meeting, the actual meeting site, and advertising for the meeting. Appendix 3A contains a checklist to assist in planning a public meeting. Also consider the factors that will affect participation during the meeting. Presentation materials should avoid excessive use of acronyms, technical terminology, and large amounts of text. Be sure that the agenda allots enough time for people to ask questions and provide feedback. Keep in mind that not all people feel comfortable speaking in public, so consider having a public comment form available for each participant and/or have staff available for one -on -one discussions. Step 2. Announce the meetings Ensure that announcements for the public meeting reach all stakeholders within the community, and that each category of stakeholder (i.e., similar to target audiences identified for public education and outreach) is represented during the public meeting. Use the education and outreach strategy and the target audiences identified in Chapter 2 to ensure that announcements go out to all interested parties. Create and distribute the meeting announcement to local newpapers or through other appropriate mechanisms Step 3. Conduct meeting and solicit stakeholder input Be sure the agenda includes enough time for people to ask questions and provide feedback. Someone should have the responsibility of recording comments from the public and the responses that they receive. Not all people feel comfortable speaking in public, so include a public comment form for participants to fill out. If possible, have staff available for one - on -one discussions. In addition, ask for participants to fill out an evaluation form to determine if this was an effective mechanism to reach people. September 2003 Chapter 3 — Stormwater Public Involvement 3-3 and Participation Program Step 4. Perform meeting follow -up activities. Follow -up activities are just as important as planning. Essential follow -up activities include preparing a summary of the questions and answers discussed at the meeting, generating a participants' contact list (for inclusion in a mailing list), and compiling public comment forms received via mail or fax. Review the information on the meeting evaluation forms for use in planning future public meetings. The types of information collected through the public meeting will help determine who was /wasn't represented during the meeting, what the perceptions and attitudes are of those who attended and commented, and how best to reach stakeholders in the future. Use stakeholder input to develop and/or modify the stormwater program. Stakeholder input may influence the type of BMPs selected for each minimum measure and/or the measurable goals developed to track implementation progress. Make meeting follow -up information available to the public, either through newspapers, websites, or a mailing. This will demonstrate to stakeholders that their input is taken seriously and that it has influence. This may have a positive impact on whether they continue to participate. 3.3.2 Optional BMP: Distribute News Releases Optional BMP 3B: Develop a news release for local newspapers in order to solicit interest to cover the new stormwater program as a feature story. Measurable Goal: At least one news release story on the jurisdictions stormwater program will be distributed to local papers each year starting in permit year 2. To help encourage additional local coverage on the development of th stormwater program, create and distribute a new release for use by local papers. Include in the news release an overview of the new stormwater program, activities that will be conducted, and how the public can obtain more information. 3.3.3 Optional BMP: Stakeholder Advisory Panel Optional BMP 3C: Hold and solicit input from a stakeholder advisory panel. Measurable Goal: Organize and convene a stakeholder advisory panel by the end of permit year 1. Hold meetings with the panel at least quarterly thereafter. This is an optional BMP, but one which can help build support for a local stormwater management program and provide valuable expertise in designing and implementing the program. 3 -4 Chapter 3 — Storm water Public Involvement September 2003 and Participation Program Convene a stormwater advisory panel to solicit input on the development and implementation of the stormwater program. Include on the panel representatives of businesses, industries, conservation groups, residential and civic associations, and other interested stakeholders. If this optional BMP is chosen, work with this panel to discuss program development and program implementation. Although the stormwater panel is advisory only, working with such a panel helps develop significant support for a local stormwater program. 3.4 Resources Adopt -A- Stream http://www.streamkeeper.org/ Earthwater Stencils http: / /www. earthwater- stencils.com/index.htm EPA National Menu of BMPs http : / /www.epa.gov /npdes /menuofbmps /pub inv.htm Appendices Appendix 3A — Public Meeting Planning Checklist September 2003 Chapter 3 — Stormwater Public Involvement 3 -5 and Participation Program • Appendix 3A - Public Meeting Planning Checklist Phase II Stormwater Management Program Public Meeting Planning Checklist (Insert Date) • (Insert Time) (Insert city) (Insert Meeting Facility Name, Address, Contact, and Phone Number) What Do We Need To Do? Who is When Do We Need to Have Responsible? This Done? Secure Meeting Site As soon as potential dates are decided. Must have this information before producing announcements. Invitations /Announcements- 6 weeks before meeting Producing Invitations /Announcements - Mailing At least 4 weeks before (electronically) meeting Agenda — Producing Need to start working on agenda as soon as possible Agenda - Mailing (electronically) 2 weeks before meeting Banquet Event Orders- 2 weeks before meeting • Audio Visual Equipment Needs • Room Set -up Confirmed Meeting Packets or Individual 1 -2 weeks before meeting Handouts including the following items: • Agenda • Presentation Materials • Background Information • Worksheets • Public Comment Forms • Contact Information for Submitting Additional Comments On -site Registration Information Determined 1 -2 weeks before meeting On -site Note Taking Determined 1 -2 weeks before meeting September 2003 Chapter 3 — Stormwater Public Involvement 3A - 1 and Participation Program Table of Contents Chapter 4 - Illicit Discharge Detection and Elimination Project 4 -1 4.1 Requirements 4 -1 4.1.1 Non - stormwater Discharges 4 -3 4.2 Benefits: Why this Program is Important 4 -4 4.3 Model Program for Illicit Discharge Detection and Elimination 4 -5 4.3.1 Storm Sewer System Map 4 -5 4.3.2 Ordinance to Prohibit Non - Stormwater Discharges 4 -7 4.3.3 Detect and Address Non - Stormwater Discharges 4 -8 4.3.4 Conduct Field Inspections 4 -12 4.3.5 Spill Response Plan 4 -12 4.3.6 Plan for Enforcement Actions 4 -14 4.3.7 Train Municipal Staff on Spill and Illicit Discharge BMPs 4 -15 4.4 Resources 4 -16 Appendices 4 -16 Appendix 4A - Sample Outfall Map 4A -1 Appendix 4B - Sample Stormwater Ordinance 4B -1 Appendix 4C — Visual Tests of Possible Contaminants in Dry Weather Flows 4C -1 Appendix 4D — Illicit Discharge Identification Form 4D -1 Appendix 4E — Sample Enforcement Plan 4E -1 September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-i Chapter 4 - Illicit Discharge Detection and Elimination Project 4.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following regulations for illicit discharge detection and elimination. This Model Program is intended to meet these EPA regulations and form the primary basis for meeting the Phase II general permit the Department of Ecology will issue to eastern Washington cities /counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(3) Illicit discharge detection and elimination. (i) You must develop, implement and enforce a program to detect and eliminate illicit discharges (as defined at Sec. 122.26(b)(2)) into your small MS4. (ii) You must: (A) Develop, if not already completed, a storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls; (B) To the extent allowable under State, Tribal or local law, effectively prohibit, through ordinance, or other regulatory mechanism, non- stormwater discharges into your storm sewer system and implement appropriate enforcement procedures and actions; (C) Develop and implement a plan to detect and address non - stormwater discharges, including illegal dumping, to your system; and (D) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and improper disposal of waste. Guidance 40 CFR 122.34(b)(3) Illicit discharge detection and elimination. EPA recommends that the plan to detect and address illicit discharges include the following four components: procedures for locating priority areas likely to have illicit discharges; procedures for tracing the source of an illicit discharge; procedures for removing the source of the discharge; and procedures for program evaluation and assessment. EPA recommends visually screening outfalls during dry weather and conducting field tests of selected pollutants as part of the procedures for locating priority areas. Illicit discharge education actions may include storm drain stenciling, a program to promote, publicize, and facilitate public reporting of illicit connections or discharges, and distribution of outreach materials. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-1 What is an "illicit discharge ?" An illicit discharge is anything entering a storm drain system discharging to surface water that is not composed entirely of stormwater. Often times, illicit discharges are the result of illegal activity. For example, dumping materials into a storm drain or connecting a wastewater pipe into the storm drain system are both prohibited under various state and local laws, and result in an illicit discharge. The best way to prevent illicit discharges is to prevent material from entering the storm drain system. This is done through education, enforcing dumping ordinances and controlling spills. In some limited cases, discharges not composed entirely of stormwater (but potentially containing small amounts of other substances) are allowed into the storm sewer system. These are termed "non - stormwater discharges" and are addressed in Section 4.1.1. Illicit discharges should not be allowed to enter a storm drain system because municipal separate storm drain systems are not typically designed to accept or treat such wastes. Untreated illicit discharges to the storm drain system can contribute pollutants to rivers, streams, lakes, and ground water. Although this Model Program focuses on surface water, illicit discharges to surface waters can also impact ground water. In eastern Washington, some examples of illicit discharges include: • Fruit packing wash water • Sanitary wastewater from improper or leaking sewage systems • Surface flow and irrigation drainage from feed lots and hobby farms • Automobile wastes from commercial car washes or improper oil disposal • Spills on roadways or parking lots • Trash and solid waste dumping in drainage ways An illicit discharge can be either an illegal connection of non - stormwater to the storm drain or the discharge or dumping of a pollutant. Making connections for anything but stormwater to a storm drain system is illegal. Also, spills and other non- stormwater pollutants running off and entering a storm drain constitute an illicit discharge. Illicit discharges often result from one of these illegal activities (illegal connections or dumping /spills). Discharges from jurisdictions include wastes and wastewater from non - stormwater "illicit" discharges. An illicit discharge in eastern Washington can occur: 1. During dry weather, when there should be no flow in the storm drain. 2. During dry weather, when an allowable flow, such as irrigation water runoff is occurring. 3. During wet weather. 4-2 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 It will be easiest to detect illicit discharges during dry weather, so this program is focused on detecting discharges during that time period. 4.1.1 Non - stormwater Discharges EPA's stormwater regulations allow two types of discharges to storm drain system that are not composed entirely of stormwater: discharges under an existing NPDES permit and discharges due to fire fighting activities (which need only be addressed where they are identified as significant sources of pollutants to surface waters). The following list of non - stormwater discharges only need to be addressed if the Phase II community identifies them as significant contributors of pollutants to the storm drain system: • Water line flushing • Landscape irrigation • Diverted stream flows • Rising ground waters • Uncontaminated ground water infiltration • Uncontaminated pumped ground water • Discharges from potable water sources • Foundation drains • Air conditioning condensation • Irrigation water • Springs • Water from crawl space pumps • Footing drains • Lawn watering • Individual residential car washing • Flows from riparian habitats and wetlands • Dechlorinated swimming pool discharges • Street wash water Significant contributor criteria For the above -cited non - stormwater discharges, Ecology's presumption is that these discharges are not impairing water quality. However, in some limited circumstances, the sources cited above could cause a water quality problem and would need to be addressed. These non - stormwater discharges would be considered significant contributors of pollutants to a September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-3 water body, and would need to be addressed, if they are, singly or cumulatively: • Identified in a Total Maximum Daily Load (TMDL) as a source of pollutants to an impaired water body, or • Identified by Ecology as a source of impairment to receiving waters (under RCW 90.48). 4.2 Benefits: Why this Program is important There are many benefits of controlling illicit discharges. The example cited below from Michigan found that the eliminati of illicit di to separate storm sewers caused a measurable improvement in the water quality of the Washtenaw County storm sewers and the Huron River (Washtenaw County Statutory Drainage Board, 1987, as cited in EPA Phase II Final Regulations). Another study in Houston, Texas found that controlling illicit discharges has significantly improved the water quality of Buffalo Bayou. Houston estimated that illicit flows from 132 sources had a flow rate as high as 500 gallons /minute. Sources of the illicit discharges included broken and plugged sanitary sewer lines flowing into storm drain systems, illicit connections from sanitary lines, and floor drain connections (Glanton, Garrett and Goloby, 1992, The Illicit Connection: Is it the problem? Wat. Env. Tech. 4(9):63 -8 as cited in EPA Phase II Final Regulations). Illicit Discharge Example Case Studies Two examples of studies documenting the impacts of illicit discharges are from Washtenaw County, Michigan and Inner Grays Harbor, Washington (as cited in EPA, 1993). They are summarized below. Washtenaw County, Michigan The Ann Arbor and Ypsilanti water quality projects inspected 660 businesses, homes, and other buildings and identified 14 percent of the buildings as having improper storm sewer drain connections. The program assessment revealed that, on average, 60 percent of automobile - related businesses, including service stations, automobile dealerships, car washes, body shops, and light industrial facilities, had illicit connections to the storm sewer drains. The program assessment also showed that a majority of the illicit discharges to the storm sewer system resulted from improper plumbing and connections, which had been approved by the municipality when installed. Inner Grays Harbor, Washington An inspection of urban storm sewer outfalls draining into Inner Grays Harbor indicated that 32 percent of these outfalls had dry weather flows. Of these flows, 21 percent were determined to have elevated pollutant levels. 4-4 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 4.3 Model Program for Illicit Discharge Detection and Elimination The Model Program for illicit discharge detection and elimination has the following components: • Development of a storm sewer system map (4.3.1) • An ordinance to prohibit illicit discharges (4.3.2) • A plan to detect and address illicit discharges (4.3.3) • Conduct field inspections (4.3.4) • A spill response plan (4.3.5) • A plan for enforcement actions (4.3.6) • Train municipal staff on spill and illicit discharge BMPs (4.3.7) Begin by assessing the existing conditions for your storm drain system and developing an overall plan to address illicit discharges to the system. The assessment will include the development of a storm sewer system map and the screening of outfalls for illicit discharges. The overall plan will include the illicit discharge plan, spill response plan, enforcement plan, and an ordinance to prohibit illicit discharges. Training of staff will likely take place concurrent with the assessment and planning efforts. Finally, develop a record keeping system to ensure areas that have more illicit discharges are identified and the total numbers of illicit discharges and spills are tracked, along with the outcome of each. The Phase II regulations require the jurisdiction to "inform public employees, business, and the general public of hazards associated with illegal discharges and improper disposal of waste." (40 CFR 122.34(b)(3)(ii)(D)). This requirement is addressed in both Chapter 2 (Public Education) and Chapter 7 (Good Housekeeping for Municipal Operations). All the BMPs in this chapter, BMPs 4A — 4G, are required. 4.3.1 Storm Sewer System Map Required BMP 4A: Create a storm sewer system map showing all known storm drain outfalls to receiving waters Measurable Goal: Map and filed verify the location of 33 percent (on average) of all known outfalls and receiving waters each year during permit years 3 through 5 If one does not already exist, a storm sewer system map showing, at a minimum, locations of all outfalls and the names and locations of all waters that receive a discharge from those outfalls is needed. The mapping of storm sewer pipe or storm drain inlet locations is not required, September 2003 Chapter 4— Illicit Discharge Detection and Elimination Program 4-5 although it is probably desirable for most cities in the long -term to assist • with maintenance. 1. Collect existing information The first step is to collect all existing information about the storm drainage system and discharges (outfalls) to receiving waters. This information may already be available from various city and county government agencies, such as public works or planning agencies. Many cities already have a map of their storm drain system, and information on receiving waters is readily available from various agencies such as the U.S. Geological Survey. 2. Determine the appropriate specifications for the map Once existing data are collected, a storm drainage system map is developed to display the information. Decisions on what type of information to place on the map include piping location, sizing, man holes, service laterals, and outfalls. Another decision to be made is on the scale of the map. A scale between 1:9,600 and 1:24,000 is appropriate for many small jurisdictions. The location of outfalls and receiving waters is essential in the creation of a storm drainage system map. Maps enhanced using other features are more useful tools. Additional features include storm sewer pipes, inlets, stormwater detention basins, streets, political boundaries and major land uses. Drainage areas for each outfall are useful when attempting to pinpoint the contributing area for an illicit discharge. The map developed for this BIvP will also help in other program areas, such as proper operation and maintenance of the storm drainage system. There is no requirement relating to format. Either paper or electronic maps are acceptable, as long as it is compatible with existing mapping efforts. If hydraulic modeling is conducted (for example, to address drainage problems or pollutant loadings), then additional data such as pipe sizes, invert elevations, materials, pipe lengths, detention system operation (stage /volume /discharge), manhole location and lid elevations may be needed to support this activity. 3. Plan out the mapping effort The mapping effort can take up to five years to complete. The majority of the mapping effort will take place over the last three years of the first permit term. The mapping for BMP 4A and the outfall inspections for BMP 4D can be combined to save time spent in the field. Make field visits to outfall locations during dry weather. During wet weather, some outfalls become submerged which impedes access to outfall locations. 4-6 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 Identify each outfall on the map using an outfall identification number scheme such as a sequential numbering system or one that identifies the city quadrant or nearby street. Where existing systems to uniquely identify storm drains are in place, extend this identification system to include outfalls. 4. Map outfall and receiving water locations using field surveys There are three primary purposes of the field surveys: 1) to verify the mapped locations of outfalls and the receiving waters they discharge into, 2) to identify any outfalls in the field missed in the mapping effort, and 3) to identify any potential illicit discharges from the outfall. Using a standard form, field survey crews verify the location of outfalls and receiving waters, and identify any illicit discharges observed. Consider taking photos of and establishing GPS coordinates for each outfall. An example of a visual outfall inspection form from the Municipality of Anchorage is included in Chapter 7. This form, which can be used for both municipal maintenance activities and dry weather discharge identification, asks for general information on the outfall, end - of -pipe information (including the physical condition of the pipe), and visual observations on flows out of the pipe and sediment or debris accumulation. A sample portion of an outfall map is included in Appendix 4A. 4.3.2 Ordinance to Prohibit Non - Stormwater Discharges Required BMP 4B: Develop and enforce an ordinance prohibiting illicit discharges and illegal dumping and authorizing enforcement actions, including on private property. Measurable Goal: If not already in place, adopt an ordinance that prohibits illicit discharges to the storm drain system by the end of permit year 2. First, assess whether the required legal authority to prohibit non - stormwater discharges to the storm drainage system currently exists. Look to existing ordinances or municipal codes to identify this legal authority. If adequate legal authority prohibiting illicit discharges does not exist, an ordinance can be drafted based on the example ordinance provided in Appendix 4B (from the City of Boise's stormwater ordinance). The model ordinance in Appendix 4B includes authority for all three of the ordinances required by EPA's Phase II regulations: ordinances to control illicit discharges, construction site runoff, and post - construction runoff. It may be easier to combine all three ordinances into a single ordinance like the example in Appendix 4B if legal authority does not currently exist. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-7 The key elements of an illicit discharge ordinance include, at a minimum. • Prohibitions on illegal dumping or discharges to the storm drainage system. • Prohibitions on illicit connections from sanitary sewers to the storm drainage system. • Authority to inspect properties for illicit discharges. • Penalties and enforcement options. Additional elements in an ordinance could include requirements for the property owner to pay for the cost of abatement and a requirement to notify the city or county of any spill or illicit discharge. Another model ordinance specifically for illicit discharges, and examples of local ordinances, are available from the Stormwater Center (http://www.storrnwatercenter.net). 4.3.3 Detect and Address Non - Stormwater Discharges Required BMP 4C: Develop an illicit discharge detection plan that includes, at a minimum, the following components: 1. Identification of priority areas for assessment 2. Field assessment activities 3. Characterize any discharges found 4. Procedures to trace an illicit discharge 5. Procedures to remove an illicit discharge Measurable Goal: Develop a plan to detect illicit discharges during permit years 3 through 5. Illicit discharge detection plan The primary component of this minimum measure is to develop an illicit discharge detection plan to find, identify and eliminate unknown pollutant discharges to the storm drainage system. The purpose of this plan is to identify priority areas within the storm drainage system that are believed to be more susceptible to illicit discharges, describe field assessment activities, determine when a discharge is found whether it is illicit, and describe procedures to trace the discharge back to its source and eliminate the discharge. The five major components of an illicit discharge detection plan are described below: 1. Identification of Priority Areas for Assessment Define priority areas The first step in developing an illicit discharge detection plan is to define priority areas for investigation. In the first permit term, the outfalls 4.8 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 represent priority areas, and are inspected and assessed for dry weather discharges while field crews map the outfall locations. After the initial five -year permit term, priority areas are defined according to the risk for illicit discharges. An example of how priority areas could be defined is included below. Example: Criteria to define priority areas could consist of the following: • Level 1 areas contain materials from industries or other businesses that have the greatest potential negative effect on stormwater quality. Focus on the following: o Significant hazardous materials o Materials from industrial/manufacturing facilities o Large quantities of material, especially near receiving waters • Level 2 areas have the highest number of illicit discharge incidents from past reports. These are the areas most likely to have future incidents. • Level 3 areas are all other lower priority areas. Past experience and knowledge of the surrounding land use are effective indicators to determine which areas of the storm drain system fall into each of these three levels. 2. Field Assessment Activities Once priority areas are determined, the next step is to develop a plan for inspecting outfalls that contains guidance on scheduling assessment activities and appropriate procedures. Field assessment activities to identify dry weather flows are contingent upon dry weather. Other factors influencing non - stormwater contributions to the storm drainage system include time of day when residential use of the sanitary sewer system is greatest and increased wastewater flows during periods of the year when a specific industry is especially busy. Effective field assessment plans reflect these temporal factors and schedule field assessment activities accordingly. Field assessment requirements are further described in BMP 4F. 3. Characterize Any Discharges Found If a discharge is found, then a decision must be made as to whether this discharge is illicit, not contaminated, or a non - stormwater discharge identified in Section 4.1.1. To determine if the discharge is illicit, follow one or more of the following procedures to characterize the pollutants in the discharge. • First, visual tests of the suspected illicit discharge can be the quickest and simplest method to identify whether a discharge is September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-9 illicit or not (see Appendix 4C for example). These visual tests evaluate odor, color, turbidity, floatable matter, lack of normal vegetation and damage to the storm drainage system such as deposits and stains. • Second, simple field measurements, such as those obtained by using a pH meter, could be employed as another rudimentary evaluation tool. An abnormally high or low pH can indicate that the discharge is illicit. • Third, grab sampling and laboratory analysis of the suspected illicit discharge may be necessary to determine the pollutant types and pollutant concentrations contained in the discharge. This discharge sampling is intended to help identify the contaminants and possible source of the discharge. A comparison of sampling results to typical stormwater runoff may be useful to indicate the relative pollutant concentrations in the discharge and the possible contributing source(s). If the discharge appears to be contaminated, then field crews should note and report this according to the enforcement plan (BMP 4E) and established operating procedures. As part of the enforcement plan and operating procedures, there may be circumstances where the illicit discharge poses a significant public health or environmental threat or threat to the conveyance system so that field crews may need to contain the discharge. If so, then sand bags, booms, absorbents, or other mechanisms should be used to quickly contain the discharge. Any contaminated material, including used absorbents, should be disposed of according to local requirements. After the discharge has been contained, or if the flow is too large to contain, then the next step is to identify the source of the discharge. 4. Procedures to Trace an Illicit Discharge O nce a illicit discharge is identified through inspections or another process, then the source of this discharge must be identified in order to stop it. The following steps could be followed to try to identify a source of pollution found in the storm drain system: • Visual inspections of surface area, • Visual inspections of storm drain system, and/or • More detailed inspection procedures. First, make a visual inspection of the surrounding land area and storm drain system to identify potential contributing sources. Field staff are looking for obvious sources of surface runoff and any potential contributing sources as they make this visual inspection. 4-10 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 If the source cannot be quickly identified on the surface, trace the discharge upstream in the storm drain system by opening manholes to determine if the illicit discharge is flowing in that manhole. Following the discharge up the storm drain line narrows the contributing area and allows for a more focused visual inspection of the surface area. If the source cannot be identified through either inspection of the surface or the storm drain system, then more detailed inspection procedures may be necessary. Equipment such as a mobile video camera, if available to the jurisdiction, could be used to assist in the tracing of illicit discharges. For example, some communities own a remotely operated video camera system to TV sanitary sewers for cracks and inflow /infiltration that are compatible with investigating storm drains. Dye testing is also a useful technique for tracing possible sources. 5. Procedures to Remove an Illicit Discharge The procedure necessary for removing the source of an illicit discharge varies depending on the severity and nature of the event. Procedures consist of the steps described below. • Notification of appropriate authorities: Depending on the severity of the discharge, the first action is to notify the appropriate authorities. For example, for hazardous or toxic spills or discharges, in most cases the fire department must be notified. Municipal staff usually address minor spills with absorbent. Develop a clear set of procedures for whom to call for different types of spills. • Notification of property owner: After the appropriate authorities are notified, notify the property owner of the discharge, the corrective action necessary, and an appropriate timeframe for eliminating the discharge. Contact the property owner or operator first in person or by telephone, and then follow up in writing. Provide some guidance or information to homeowners on how to eliminate the discharge; this could include information on financial assistance. Follow -up inspections are necessary to ensure that the property owner took the appropriate action to eliminate the discharge. • Escalating enforcement and legal actions if discharge is not eliminated: The use of appropriate enforcement actions may be necessary if the property owner does not take the required actions necessary to eliminate the discharge. These actions are described for BMP 4F. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-11 4.3.4 Conduct Field Inspections • I Required BMP 4D: Visually inspect for illicit discharges during dry weather at all known outfalls that discharge to surface waters (in conjunction with BMP 4A) Measurable Goal: Visually inspect at least 33 percent (on average) of all known outfalls each year during permit years 3 through 5. While field staff are mapping the location of outfalls for BMP 4A, the field staff can also be inspecting outfalls for any signs of illicit discharges. The visual assessment criteria in Appendix 4C can be used to assist field staff with the typical visual signs associated with illicit discharges. Field inspection activities consist of visiting outfall locations using the system map and recording visual observations at each. outfall within a priority area. For accessible outfalls, mark the outfall once it is located and complete the field inspection form (see Chapter 7 for a copy of the form). If an outfall is not accessible, field crews must use the system map and identify the nearest point to access the system. Locate the storm sewer manhole closest to the outfall and remove the cover to identify signs of dry - weather flow, such as odor or residue. The goal is to inspect all outfalls at least once over the 5 -year permit term. Some outfalls may need to be inspected more often. If an indication of an illicit discharge exists, it should be reported and the steps in BMP 4C followed to identify and eliminate the source of the discharge. 4.3.5 Spill Response Plan Required MT 4E: Develop and implement a spill response plan Measurable Goal: Develop a spill response plan that includes coordination with Ecology's Spill Response Team, sometime during permit years 3 through 5. A written spill response plan is needed to identify appropriate actions when a spill occurs. Include in the plan, for different kinds of spills, who should be contacted and what the municipality will do in response. The plan also needs to include recordkeeping and reporting requirements so that each spill, the response, and its outcome are tracked. Ecology's Emergency SpiII Response Program, which will be an integral part of a spill response plan, is described below. 4.3.5.1 Ecology's Emergency SpiII Response An effective spill response plan includes information on Ecology's Emergency Spill Response Program, along with any local spill response 4-12 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 issues. Under state law, Ecology must be notified when any amount of regulated waste or hazardous material that poses an imminent threat to life, health or the environment is released to the air, land or water, or whenever oil is spilled on land or to waters of the state. The spiller is always responsible for reporting a spill. Failure to report a spill in a timely manner may result in enforcement actions. What types of emergency incidents should be reported? Typical types of emergency incidents include oil spills, hazardous materials releases, clandestine drug labs, abandoned drums and cylinders, illegal "midnight" dumping, leaking storage tanks, and fish kills. How is spill notification made? If oil or hazardous materials are spilled to state waters, the spiller must notify both federal and state spill response agencies. The appropriate phone numbers to call are listed in the box below. An Ecology spill responder will normally call the reporting party back to gather more information. Ecology will then determine its response actions. Spill Reporting Numbers For oil spills call both: National Response Center 1- 800 - 424 -8802 Washington Emergency Management Division 1- 800 - 258 -5990 For all other materials, call your Regional Office: Ecology Central Regional Office 509 -575 -2490 (for Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan and Yakima Counties) Ecology Eastern Regional Office 509- 456 -2926 (for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, and Whitman Counties) When calling, try to have the following information available: • Where is the spill? • What spilled? • How much spilled? How concentrated is the spilled material? • Who spilled the material? • Is anyone cleaning up the spill? • Are there resource damages? • Who is reporting the spill? • How can Ecology get back to you? September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-13 4.3.5.2 Spills /Emergency Response • A spill response plan usually includes a standard set of procedures on how to handle spills and emergencies into the storm drain system. Include these procedures in the stormwater management program and make them available to municipal staff. The phone numbers of appropriate emergency responders and who to call in specific situations for the general public is also a necessary part of the spill plan. An example of an illicit discharge /spill form is attached in Appendix 4D. This form aids in tracking the location, type of discharge, impacted water body, cleanup procedures used, and action taken. As an illustration, an example emergency response /reporting protocol is presented below for two possible situations. Material Discharged into Storm Drain (This could include petroleum products or unidentified material being discharged into or out of the storm drain to the river, a ditch, pond, or catch basin) Contact Working Hours Off Hours Fire Department 911 911 Health District ### -#### # # # - #### Stormwater program staff ###- ### # # - ##4 National Response Center 1- 800 - 424 -8802 1- 800 - 424 -8802 Washington Emergency Mgmt Div. 1- 800 - 258 -5990 1- 800 - 258 -5990 Ecology Regional Office ### - # # # ## # # # -# # # ## Storm Drain Plugged Contact Working Hours Off Hours P�iblic Wnrkc M a i y r ; te enanee #f#R —# ## # 4411 #-#:### - 7T1T - 7TTT1TTf 4.3.6 Plan for Enforcement Actions Required BMIP 4F: Develop and implement an enforcement plan to ensure compliance with local ordinances. This enforcement plan will be used for illicit discharges, construction site discharges, and post - construction discharges. Measurable Goal: Develop an enforcement plan sometime during permit years 3 through 5. The enforcement plan developed for this BMP addresses how to handle non - compliance with local ordinances and discharges from illicit sources, construction sites, and post - construction BMPs. Develop the plan so that 4-14 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2903 it is specific enough to give inspectors guidance on the typical penalty for each situation. An example enforcement plan is provided in Appendix 4E. Escalating Enforcement Actions There are various enforcement and legal actions available to ensure compliance with local ordinances; however, the specific action taken depends on legal authority and the severity of the discharge. In general, enforcement actions escalate to the next level if they have not been resolved in an appropriate timeframe. The different levels of enforcement actions include: • Warning: A verbal or written notice to the owner of the identified illicit discharge. This warning gives the owner an appropriate timeframe to fix the problem and notify the owner of potential penalties if the discharge is not eliminated by this time. • Administrative Action: A formal action; also called a notice of violation, order to abate, or cease and desist order. The administrative action requires elimination of the discharge but does not assess any fines or penalties. Similar to a warning, the action specifies a timeframe to correct the problem. • Administrative Action with Fine and/or Cost Recovery: An administrative action with a fmancial penalty assessed against the owner. Also, this could include the recovery of cleanup and abatement costs. • Legal Action: Any action that brings the owner into the court system, including a formal citation or civil /criminal actions. The enforcement plan developed should be flexible but specific enough to give detailed guidance to inspectors on the level of penalty to assess. The enforcement plan must include a range of administrative penalties available under the local ordinance. Some example guidelines to use in developing an enforcement plan are listed in Appendix 4E. 4.3.7 Train Municipal Staff on Spill and Illicit Discharge BMPs Required BMP 4G: Provide training or coordinate with existing training efforts to educate relevant staff on proper BMPs for spills and illicit discharges. Measurable Goal: Train relevant staff by the end of permit year 5, and annually thereafter. Provide training to relevant municipal staff, such as field maintenance crews, illicit discharge inspectors, and other first responders, on the proper September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4-15 BMPs to use for spills and illicit discharges. Include in the training who • to call for different types of spills. This training could be combined with other training of municipal staff conducted in Chapter 7. 4.4 Resources The following are resources and references for additional information to assist cities in developing and implementing the model illicit discharge program. EPA's Menu of B for stormwater Phase II http://wwvv.epa.gov/npdes/menuofbmps/illicit.htm LA County Model Illicit Discharge Program http: / /ladpw.org/wmd/NPDES/ICID TC.cfin EPA. 1993. Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems: A User's Guide. EPA /600/R- 92/238. M. Lalor and R. Pitt, Use of Tracers to Identify Sources of Contamination in Dry Weather Flow IN: Watershed Protection Techniques. 3(1): 585 - 592 Rouge River, Michigan Illicit Discharge Program http: / /www.wcdoe.org/rougeriver /techtop /illicitlindex.html Appendices Appendix 4A — Sample Outfall Map Appendix 4B — Sample Stormwater Ordinance Appendix 4C — Visual Tests of Possible Contaminants in Dry Weather Flows Appendix 4D — Illicit Discharge Identification Form Appeud.x 4; v = Sample Elilvr�eaiieni Plai 4-16 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 Appendix 4A - Sample Outfall Map on t ma,„„,,,,„„ettounor .. . . ' - ( t - , ,--s i ). e- # g t7LL J r t : ' ' - Ma , . , . , . , 4 . ,,, . , NI "A r i t: Shoff G //f/ MI ' I *pw-',-- . i nr 11 r 11111DnD____. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4A - 1 Appendix 4B - Sample Stormwater Ordinance (City of Boise stormwater management and discharge control ordinance) NOTE: This ordinance will need to be modified by an eastern Washington city to specifically cite the stormwater manual used (Eastern Washington Stormwater Manual or an approved equivalent manual) and the Department of Ecology instead of EPA (EPA issues the NPDES permit in Idaho). Legal staff or the Department of Ecology have not reviewed this example ordinance. Chapter 8 -15 City of Boise Storm Water Management and Discharge Control Ordinance Sections: 8 -15 -01 Title, Purpose, and General Provisions 8 -15 -02 Discharge Regulations and Requirements 8 -15 -03 Stormwater Management Plans and Comprehensive Drainage Plans 8 -15 -04 Inspection and Enforcement Section 8 -15 -01 Title, Purpose and General Provisions 8 -15 -01.1 Title. This ordinance shall be known as the "City of Boise Storm Water Management and Discharge Control Ordinance" and may be so cited. 8 -15 -01.2 Purpose and Intent The purpose and intent of this Ordinance is to: A. Protect and enhance the water quality of our watercourses, water bodies, ground water and wetlands in a manner pursuant to and consistent with the Clean Water Act. B. Control non -storm water discharges to storm drain systems and reduce pollutants in storm water discharges. C. Provide design, construction and maintenance criteria for permanent and temporary on -site storm water management facilities to control storm water runoff. D. Encourage the recharge of ground water, where appropriate, and prevent the degradation of ground water quality. 8 -15 -01.3 Definitions The terms as used in this Ordinance shall have the following meanings: September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 1 A. Authorized Enforcement Agent. The Director of Public Works and/or any individual designated by the Director of Public Works as an Authorized Enforcement Agent. B. Best Management Practices ( "BMPs "). Physical, structural and/or managerial practices that, when used singly or in combination, control site run-off, spillage and leaks, waste disposal and drainage from raw material storage and prevent or reduce the discharge of pollutants directly or indirectly to waters of the state or U.S. Bl ms may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements. C. Clean Water Act (CWA). Federal Water Pollution Control Act enacted by Public Law 92 -500 as amended by Public Laws 95 -217, 95 -576, 96- 483, and 97 -117; 33 USC 1251 et seq. D. Comprehensive Drainage Plan. A storm water management plan that covers all current and anticipated development on a site greater than 1 acre and sites planned for phased development. E. Development. Any construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure within the jurisdiction of the City of Boise as well as any manmade change or alteration to the landscape, including but not limited to, mining, drilling, dredging, grading, paving, excavating and filling. F. Director of Public Works. The Director of the Boise City Public Works Department. O. Illicit Connection. Any physical connection to a publicly maintained storm drain system composed of non -storm water which has not been permitted by the public entity responsible for the operation and maintenance of the system. H. Illicit Discharge. Any discharge to a storm drain system that is not composed entirely of storm water except discharges pursuant to a NPDES permit, discharges resulting from fire fighting activities, and discharges further exempted in Section 2.6 of this Ordinance. I. Impervious Surface. A surface which prevents or retards the penetration of water into the ground, including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of storm water. J. Local Agency. One or more of the agencies involved with providing review, approval, or oversight of the site's (a) activities; (b) pollution prevention controls; or (c) storm water discharge. K. Major Modification. An alteration to an existing or planned storm water drainage facility that does one or more of the following: changes the 48 - 2 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 volume, surface area, depth, capacity, inflow rates, outflow rates or level of treatment by 5 percent or more; changes the treatment process; adds more than one thousand (1000) square feet of impervious surface; or increases the tributary impervious drainage area to an individual drainage facility component by more than 10 percent. L. Municipal Separate Storm Sewer System (MS4). Includes, but is not limited to, those facilities located within the City and owned or operated by a public entity by which storm water may be collected and conveyed to waters of the United States, including any roads with drainage systems, public streets, inlets, curbs, gutters, piped storm drains and retention or detention basins, which are not part of a Publicly Owned Treatment Works ( "POTW ") as defined at 40 CFR Section 122.2. M. Municipal Stormwater Permit. An area -wide NPDES permit issued to a government agency or agencies for the discharge of storm water from a storm drain system. N. National Pollutant Discharge Elimination System (NPDES) Permit. A storm water discharge permit issued by the U.S. EPA, Region X, in compliance with the federal Clean Water Act. O. Non -Storm Water Discharge. See "illicit discharge." P. Person. Any individual, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties. Q. Pollutant. Objects including, but not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, cellar dirt, industrial, municipal and agricultural waste, gases entrained in water, paints, oil and other automotive fluids, soil, rubbish, trash, debris, refuse, fecal coliform, fecal streptococcus, enterococcus, heavy metals, hazardous waste, road sanding materials, yard waste from commercial landscaping operations, animal waste, materials that result from the process of constructing a building or structure, and nauseous or offensive matter of any kind, which, when discharged to water in excessive quantities, cause or contribute to water pollution. R. Pollution. The degradation of the physical, thermal, chemical, biological or radioactive properties of the waters of the state or U.S.; the discharge of any pollutant into the waters of the state or U.S., which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial, recreational, aesthetic, or other beneficial uses. S. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 3 T. Redevelopment. A project for which a building permit is required that • proposes to add, replace and/or alter impervious surfaces affecting the existing drainage system, other than routine maintenance, resurfacing, or repair. A project which meets the criteria of a major modification as defined in this section shall be considered a redevelopment. U. Storrnwater. Surface runoff and drainage associated with rain storm events and snow melt. V. Storm Water BMP Guidebook. A reference document prepared by the Boise City Public Works Department which contains information and recommendations regarding the use of Best Management Practices during and after construction. W. Storm Water Management. The process of collection, conveyance, storage, treatment, and disposal of storm water to ensure control of the magnitude and frequency of runoff to minimize the hazards associated with flooding and the impact on water quality caused by manmade changes to the land. X. Storm Water Management Design Manual. The design standards manual prepared by the Boise City Public Works Department which provides design, performance, and review criteria for storm water management practices. Y. Storm Water Management Plan. Details of the drainage system, structures, BMPs, concepts and techniques that will be used to control storm water, including drawings, engineering calculations, computer analyses, maintenance and operations procedures, and all other supporting documentation. Z. U.S. EPA. United States Environmental Protection Agency. AA. Variance. A modification of the requirements of he Ordinance. 8 -15 -01.4 Applicability This ordinance shall apply to all activities which may potentially affect the municipal separate storm drain system, any private storm drain system or any body of water within the City of Boise. Additionally, permanent and temporary storm water management controls and facilities, constructed as part of any activities listed in this section, which are located within the Boise City limits, are also subject to this ordinance. The storm water management standards shall apply to industrial, commercial, institutional, and multifamily residential development, as well as subdivision projects with private access. 8 -15 -01.5 Regulatory Consistency This Ordinance shall be construed to assure consistency with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the NPDES municipal stormwater permit and any amendments, revisions or 48 - 4 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 reissuance thereof. No permit or approval issued pursuant to this Ordinance shall relieve a person of the responsibility to secure permits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance. 8 -15 -01.6 Severability If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. Section 8 -15 -02 Discharge Regulations and Requirements An intentional non -storm water discharge to any storm drain system, including both the municipal storm drain system and private storm drain systems, is a violation of this ordinance unless exempted by provisions 8- 15 -02.6 and 8 -15 -02.7 of this ordinance. 8 -15 -02.1 General Requirements and Prohibitions A. Any person engaged in activities which will or may result in pollutants entering a storm drain system shall undertake reasonable measures to reduce such pollutants. Examples of such activities include, but are not limited to, use and disposal of household chemicals such as pesticides and fertilizers; and ownership and use of facilities which may be a source of pollutants such as parking lots, gasoline stations, industrial facilities, and retail establishments. B No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well defined compost system. C. No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the City. D. The occupant or tenant, the owner, lessee, or proprietor of any real property in the City where there is located a paved sidewalk or parking area shall maintain said paved surface free of dirt or litter to the extent reasonable and practicable and provide an adequate means for the disposal of refuse, rubbish, garbage, or other articles so as to prevent such matter from entering a storm drain system. Sweepings from said sidewalk shall September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 5 not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property. E. No person shall throw or deposit any pollutant in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the City, except as otherwise permitted under local, state or federal law. 845 -02.2 Illicit Connections It is prohibited to establish, use, maintain or continue illicit drainage connections to the municipal separate storm drain system, or to commence or continue any illicit discharges to the municipal separate storm drain system. 8 -15 -02.3 Parking Lots and Similar Structures Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure, shall clean and maintain those structures in a manner that does not result in discharge of pollutants to a storm drain system. 8 -15 -02.4 Outdoor Storage Areas — Commercial and Industrial Facilities In outdoor areas, no person shall store grease, oil or other hazardous substances in a manner that will or may result in such substances entering a storm drain system. In outdoor areas, no person shall store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances to a storm drain system. To prevent the discharge of hazardous substances to the municipal separate storm drain system, the City may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person s h a ll op er a te spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition. 8 -15 -02.5 Construction Sites Any person performing construction work in the City of Boise shall comply with the provisions of this Ordinance and shall provide erosion and sediment controls that effectively prevent discharges of pollutants to a storm drain system. The Director of Public Works may establish standards and guidelines implementing BMIPs designed to provide erosion and sediment control from construction sites. 8 -15 -02.6 Discharge of Pollutants Discharges from the following activities will not be considered a source of pollutants to waters of the state or U.S. when properly managed: water line flushing and other discharges from potable water sources, landscape irrigation and lawn watering, irrigation water, diverted stream flows, rising ground waters, ground water infiltration to separate storm drains, 4B - 6 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 uncontaminated pumped ground water, foundation and footing drains, roof drains, water from crawl space pumps, residential air conditioning condensation, springs, individual residential and non -profit group car washes, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges or flows from fire fighting activities and training. Accordingly, discharges from such activities are not subject to this prohibition. With written concurrence of the U.S. EPA, the City may exempt in writing other non -storm water discharges which are not a source of pollutants to the waters of the state or U.S. 8 -15 -02.7 Discharge Pursuant to NPDES Permit The prohibition of discharges shall not apply to any discharge regulated under a NPDES permit issued and administered by the EPA, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. 8 -15 -02.8 Discharge in Violation of Permit Any discharge that would cause a violation of a NPDES municipal stormwater permit and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, and the City shall seek to have such persons defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the permit holder relating to such discharge as provided by applicable rules of law. 8 -15 -02.9 Compliance with General Permits. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the U.S. EPA, shall comply with all provisions of such permits, including notification to and cooperation with local entities as required by federal regulations. Proof of compliance with said NPDES General Permits may be required in a form acceptable to the Director of Public Works prior to issuance of any grading, building or occupancy permits. 8 -15 -02.10 Notification of Spills All persons in charge of a facility or responsible for emergency response for a facility are responsible to train facility personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to the City Public Works Department upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste creating a risk of discharge into the municipal separate storm drain system. As soon as any person in charge of a facility or responsible for emergency response for a facility has such knowledge, such person shall take all necessary steps to ensure the containment and clean up of such release and shall notify the City Public Works Department of the occurrence no later than the next business day. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 7 The notification requirements of this section are in addition to any other notification requirements set forth in federal, state or local regulations and/or laws. Section 8 -15 -03 Storm Water Management Plans and Comprehensive Drainage Plans 8 -15 -03.1 Requirements To minimize the discharge and transport of pollutants to storm drain systems and prevent the deterioration of water quality, certain new developments and redevelopment projects will be required to submit for approval a storm water management plan or a comprehensive drainage plan to control the quality, volume and rate of storm water runoff. The 2000 Boise City Storm Water Management Design Manual establishes standards and guidelines for implementing BMPs and storm water management plans and is incorporated by reference and made part of this ordinance. The Boise City Storm Water BMP Guidebook may also be used to implement BMPs during and after construction; however, where a conflict exists between the Design Manual and the Guidebook, the Design Manual shall be the overriding authority. A. Storm water management plans or comprehensive drainage plans are required for industrial, commercial, and institutional developments which require a building permit and multifamily residential developments that are not part of a larger subdivision project, as well as subdivision projects that have private access, which also require a building permit. B. Redevelopment projects may be required to submit complete storm water management plans or operation and maintenance plans if they meet the criteria found in the Boise City Storm Water Design Manual. C. Storm water management plans and comprehensive drainage plans shall provide for the following: 1. Prevention of any direct discharge of untreated storm water, either on or off -site. 2. Prevention of increased post- development discharge rates. 3. Removal of a minimum amount, determined by the percentage of impervious parcel area, of annual total suspended solids generated from development or redevelopment runoff prior to any off -site discharge. 4. Continuation of BMPs for appropriate periods of time. 5. Protection of ground water from instances of development runoff infiltration. D. Storm water management plans and comprehensive drainage plans shall be developed in accordance with the Boise City Storm Water Management Design Manual or equivalent, and shall include: 4B - 8 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 1. Site evaluation. 2. Drainage system report. 3. Peak flow rates and runoff volume calculations. 4. Safety requirements. 5. Grading plans. 6. Operation and maintenance plan. 7. All other necessary BMPs not covered in the areas listed above. E. All drainage system reports, peak flow rates and runoff volume calculations, safety requirements, and grading plans shall be certified by a licensed professional authorized by the state of Washington to perform such functions. F. Drainage plans that are conceptual only, without engineering specifications, shall not be considered as comprehensive drainage plans. G. Drainage systems shall have the following minimum requirements: 1.Designed to provide primary conveyance for runoff from a 50 year frequency storm on sites with less than 15 percent slope or a 100 year frequency storm on sites with greater than 15 percent slope. 2. Designed to provide secondary conveyance for runoff for all flows up to the 100 year frequency storm, within defined rights of way or drainage easements. 3. Designed to prevent an increase of peak flows at any location for the 2, 10, 25 and 100 year frequency storm which could cause increased inundation of any building or roadway surface. 4. Achievement of peak flow regulation by on -site discharge, off -site discharge with permission or participation in an approved Regional Storm Water Management facility. H. The Boise City Council reserves the right to amend, modify and/or add requirements to the Boise City Storm Water Management Design Manual. 8 -15 -03.2 Submission and Review Process A. Storm water management plans and comprehensive drainage plans shall be submitted at the time building plans are submitted. The plans shall be submitted to the Building Department with a permit fee in an amount provided for in a fee schedule adopted by the Boise City Council. The plans shall be reviewed by the Boise City Public Works Department for their compliance with the Boise City Storm Water Management Design Manual and other applicable rules and standards. Plans developed to meet federal or state requirements may be submitted, and will be approved if they substantially conform to the requirements of this Ordinance. Where physical submission of plans would be too cumbersome, the Boise City September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4B - 9 Public Works Department may waive the requirement for physical submission when granted full access to review the on -site plans. 1. No plan shall be approved that increases the peak level of storm water runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition. 2. No development or use of land which requires a grading permit, involves more than 500 square feet of impervious surface, or would create more than 500 square feet of impervious surface shall be permitted without an approved storm water management plan or comprehensive drainage plan. 3. No building permit or certificate of occupancy shall be issued without an approved storm water management plan if required under this section. B. The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan. C. Any modifications to comprehensive drainage plans shall be submitted to the Boise City Public Works Department for approval, provided, however, for comprehensive drainage plans approved pursuant to this Ordinance as amended, only major modifications must be submitted for approval. All modifications to singular storrrr water management plans must be submitted to the Boise City Public Works Department with a request for approval and a new storm water management plan shall be submitted upon request of the Boise City Public Works Department. D. Approval of the storm water management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their ca fety measures function as d E. Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner. F. Approval of a storm water management plan or a comprehensive drainage plan may be suspended if the project is not completed within a two year period or development has ceased for a period of more than two years; however, a one year extension may be granted upon a written request which provides the reason(s) for the delay or cessation of development and specifies a time frame for completion or commencement of development. G. If suspension or revocation of approval is necessary, the owner will receive notice of this decision and may appeal to the Public Works 48 - 10 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 Commission. A written request for appeal and hearing must be made within ten days from the notice of suspension or revocation. H. If approval is suspended or revoked, the owner shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development. I. If undue hardship would result from strict application of the requirements of this ordinance, a person may request a variance. 1. The variance request must be submitted in writing to the Boise City Public Works Department with a fee in an amount provided for in a fee schedule adopted by the Boise City Council. 2. The person requesting a variance shall state in detail the reason for the request and provide supporting documentation. 3. If a request for variance is denied by the Boise City Public Works Department, the denial may be appealed to the Public Works Commission within ten days of notice of denial. The Commission shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The Commission will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the Public Works Department. 4. A variance shall not be considered a right or special privilege. J. Approval of any plans by the Boise City Public Works Department shall not create a liability on the part of or cause of action against the City or any officer or employee thereof regarding the plan or its operation. 8 -15 -03.3 Maintenance of Storm Water Facilities A. Storm water facilities shall be maintained by the owner or other responsible party and shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed. B. Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable federal, state and local laws and regulations. C. Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five years and shall be made available to the Public Works Department upon request. D. Any failure to maintain facilities or correct problems with facilities after receiving due notice from the City may result in criminal or civil penalties and the City may perform corrective or maintenance work which shall be at the owner's expense. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 11 Section 8 -15 -04 Inspection and Enforcement 8 -15 -04.1 Inspections A. Storm water systems shall be inspected by the Boise City Public Works Department during and after construction to assure consistency with the approved storm water management plan. B. All storm water systems shall be subject to the authority of the on -site detention inspection program of the Boise City Public Works Department to ensure compliance with this Ordinance and may be inspected when deemed necessary. C. The owner or other responsible party shall make annual inspections of the facilities and maintain records of such inspections for a period of five years. D. Whenever necessary to make an inspection to enforce any of the provisions of this Ordinance, or whenever an Authorized Enforcement Agent has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Ordinance, the agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the agent by this Ordinance; provided that (1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. E. The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the agent is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection. F. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this ordinance, including but not limited to, random sampling and/or sampling in areas with evidence of storm water pollution, illicit discharges, or similar factors. 18 -15 -04.2 Sampling With the consent of the owner or occupant or with Court consent, any Authorized Enforcement Agent may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record the on- site activities, provided that owners or occupants shall be entitled to split samples. 48 - 12 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 18 -15 -04.3 Testing and Monitoring A. Whenever the Director of Public Works or his designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to storm water pollution or illicit discharges to the storm water system, the Director of Public Works or his designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Director of Public Works or his designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order. B. Within 20 days of the date of receipt of the order notice, the recipient shall respond personally or in writing advising the City of the recipients position with respect to the Order's requirements. Thereafter, the recipient shall be given the opportunity to meet with the Public Works Director or his designee to review the Order's requirements and revise the Order as the Public Works Director or his designee deem necessary. Within 10 days of such meeting, the Public Works Director or his designee shall issue a fmal written order. Final Orders of the Public Works Director or his designee may be appealed to the Public Works Commission by the filing of a written appeal with the Public Works Department within 10 days of receipt of the fmal Order. The appeal notice shall set forth the particular Order requirements or issues being appealed. The Public Works Commission shall hear the appeal at its earliest practical date and may either firm, revoke or modify the Order. The decision of the Public Works Commission shall be fmal. C. In the event the owner or operator of a facility fails to conduct the monitoring and/or analyses and furnish the reports required by the Order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney's fees, to the facility owner or operator. The City may pursue judicial action to enforce the Order and recover all costs incurred. 8 -15 -04.4. Violations Constituting Misdemeanors The knowing violation of any provision of this Ordinance, or knowing failure to comply with any of the mandatory requirements of this Ordinance shall constitute a misdemeanor. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 13 8 -15 -04.5 Continuing Violation Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this Ordinance is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly, as herein provided. 8 -15 -04.6 Concealment Causing, permitting, aiding, abetting or concealing a violation of any provision of this Ordinance shall constitute a violation of such provision. 8 -15 -04.7 Acts Resulting in Violation of Federal Clean Water Act. Any person who violates any provision of this Ordinance, any provision of any permit issued pursuant to this Ordinance, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, also may be in violation of the federal Clean Water Act and may be subject to the sanctions of that Act including civil and criminal penalties. 8 -15 -04.8 Violations Deemed a Public Nuisance A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be considered a threat to the public health, safety, welfare and the environment, may be declared and deemed a nuisance by the Director of Public Works or his designee, and may be summarily abated and/or restored by the City and/or civil action taken to abate, enjoin or otherwise compel the cessation of such nuisance. B. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. L. 11 any viuiauOil of this Ordinance eullsuLuLes a seasonal and recurrent nuisance, the Director of Public Works or his designee shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further declaration. D. In any administrative or civil proceeding under this Ordinance in which the City prevails, the City may be awarded all costs of investigation, administrative overhead, out -of- pocket expenses, costs of administrative hearings, costs of suit and reasonable attorneys' fees. 8 -15 -04.9 Civil Actions In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies: 48 - 14 Chapter 4 — !!licit Discharge Detection and Elimination Program September 2003 A. A temporary and/or permanent injunction. B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation. D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this Ordinance. 8 -15 -04.10 Administrative Enforcement Powers In addition to the other enforcement powers and remedies established by this ordinance, any Authorized Enforcement Agent has the authority to utilize the following administrative remedies. A. Cease and Desist Orders. When an Authorized Enforcement Agent fmds that a discharge has taken place or is likely to take place in violation of this Ordinance, the agent may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with the requirement; (b) comply with a time schedule for compliance, and/or (c) take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean. Whenever an Authorized Enforcement Agent fmds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain system or a nonstorm water discharge to the storm drain system, he or she may give notice to remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein. In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director of Public Works or his designee may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 48 - 15 8 -15 -04.11 Nonexclusively of Remedies Remedies under this Ordinance are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 8 -15 -04.12 Appeal Any person, firm, corporation or organization notified of non - compliance with this Ordinance or required to perfor monitoring, analyses, reporting and/or corrective activities who is aggrieved by the decision of the Authorized Enforcement Agent may appeal such decision in writing to the Boise City Public Works Commission within 10 the 0 d follo t 11V YY Vri{.� Vi�/mi�ilir9 J1 "vil YY ii 1 3 V a.i ,' J following l.aa u effective date of the decision. Upon receipt of such request, the Public Works Commission shall request a report and recommendation from the Authorized Enforcement Agent and shall set the matter for administrative hearing at the earliest practical date. At said hearing, the Public Works Commission may hear additional evidence, and may revoke, affirm or modify the Authorized Enforcement Agent's decision. Such decision shall be final. 8 -15 -04.13 Disclaimer of Liability Th ti d by this Ordinance consid r lii� degree of protection t311Jis d e e reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Ordinance does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into th waters o f th United States. This Ordinance shall not create liability on the part of the City, any agent or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made thereunder. • 48 - 16 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 Appendix 4C - Visual Tests of Possible Contaminants in Dry Weather Flows (From EPA. 1993. Investigation of Inappropriate Pollutant Entries into Storm Drainage Systems: A User's Guide. EPA/600/R- 92/238.). Odor - Most strong odors, especially gasoline, oils, and solvents, are likely associated with high responses on the toxicity screening test. Typical obvious odors include: gasoline, oil, sanitary wastewater, industrial chemicals, and decomposing organic wastes. • Sewage: Smell associated with stale sanitary wastewater, especially in pools near outfall. • Sulfur ( "rotten eggs"): Industries that discharge sulfide compounds or organics (meat packers, canneries, dairies, etc.). • Rancid -sour: Food preparation facilities (restaurants, hotels, etc.). • Oil and gas: Petroleum refineries or many facilities associated with vehicle maintenance or petroleum product storage. Color - Important indicator of inappropriate industrial sources. Industrial dry- weather discharges may be of any color, but dark colors, such as brown, gray, or black, are most common. • Yellow: Chemical plants, textile, and tanning plants. • Brown: Meat packers, printing plants, metal works, stone and concrete, fertilizers, and petroleum refining facilities. • Green: Chemical plants, and textile facilities. • Red: Meat packers. • Gray: Dairies. Turbidity - Often affected by the degree of gross contamination. Dry- weather industrial flows with moderate turbidity can be cloudy, while highly turbid flows can be opaque. High turbidity is often a characteristic of undiluted dry- weather industrial discharges. • Cloudy: Sanitary wastewater, concrete or stone operations, fertilizer facilities, automotive dealers. • Opaque: Food processors, lumber mills, metal operations, and pigment plants. Floatable matter - A contaminated flow may contain floating solids or liquids directly related to industrial or sanitary wastewater pollution. Floatables of industrial origin may include animal fats, spoiled food, oils, solvents, sawdust, foams, packing materials, or fuel. • Oil sheen: Petroleum refineries or storage facilities, and vehicle service facilities. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4C - 1 • Sewage: Sanitary wastewater. Deposits and stains - Refer to any type of coating near the outfall and are usually of a dark color. Deposits and stains often will contain fragments of floatable substances. These situations are illustrated by the grayish -black deposits that contain fragments of animal flesh and hair which often are produced by leather tanneries, or the white crystalline powder which commonly coats outfalls due to nitrogenous fertilizer wastes. • Sediment: Construction site erosion. • Oils: Petroleum refineries or storage facilities and vehicle service facilities. ej. Vegetation - Vegetation surrounding an outfall may show the effects of industrial pollutants. Decaying organic materials coming from various food product wastes would cause an increase in plant .life, while the discharge of chemical dyes and inorganic pigments from textile mills could noticeably decrease vegetation. It is important not to confuse the adverse effects of high stormwater flows on vegetation with highly toxic dry - weather intermittent flows. • Excessive growth: Food product facilities. • Inhibited growth: High stormwater flows, beverage facilities, printing plants, metal product facilities, drug manufacturing, petroleum facilities, vehicle service facilities and automobile dealers. Damage to Outfall Structures - Another readily visible indication of industrial contamination. Cracking, deterioration, and spalling of concrete or peeling of surface paint, occurring at an outfall are usually caused by severely contaminated discharges, usually of industrial origin. These contaminants are usually very acidic or basic in nature. Primary metal industries have a strong potential for causing outfall structural damage because their batch dumps are highly acidic. Poor construction, hydraulic scour, and old age may also adversely affect the condition of the outfall structure. • Concrete cracking: Industrial flows • Concrete spalling: Industrial flows • Peeling paint: Industrial flows • Metal corrosion: Industrial flows 4C - 2 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 . Appendix 4D - Illicit Discharge Identification Form (a) Illicit Discharge /Connection Reporting and Response Date/Time: Reported by: Address: Phone: Location: Storm Drain ID /Stream Name: Material Type • Hazardous • Sediment • Wastewater • Oil /Grease • Other • Unknown • Est. Quantity: • Observed Land Use • Residential • Commercial • Industrial • Public Direct/Constructed Connections Found? Yes No Description: Source Investigation Conducted? Yes No Source Identified? Yes No Source /Owner of Discharge /Connection: Entered Storm Drain System/Receiving Waters? Yes No (b) Action and Closure Referred To: Phone: City: Dept.: Action Taken: Date Closed: September 2003 Chapter 4 — IIlicit Discharge Detection and Elimination Program 4D - 1 Appendix 4E - Sample Enforcement Plan Sample Enforcement Plan (from city of Sacramento's Guidelines for Determining Administrative Penalties for Prohibited Non - Stormwater Discharges) NOTE: The plan below is an example only, and may not exactly match current requirements in Washington State laws and regulations. Cite and summarize legal authority Section X.X of the city code prohibits the discharge of non - stormwater into the city's storm drain system. This section also prohibits illegal dumping. Section X.X of the city code requires construction sites disturbing greater than one acre to comply with the Eastern Washington Stormwater Manual and prohibits discharges from these sites to the city's storm drain system or to waters of the state. Section X.X of the city code authorizes various enforcement actions for violations of these sections, including the imposition of administrative penalties. Amount of Administrative Penalty: This guidance shall be used to determine the amount of an administrative penalty for violations of the city's ordinances cited above. This guidance applies where there is not already a separate and distinct administrative penalty already described in city code, resolution, or guidance. Each day a violation continues or occurs constitutes a separate violation. Unless otherwise provided, administrative penalties may be imposed in any amount not less than one hundred dollars ($100) nor more than ten thousand dollars ($10,000) per violation. In determining the amount of the administrative penalty to be imposed, the city official shall consider factors including but not limited to: • The seriousness of the violation. • The responsible party's efforts to correct the violation. • The injury/damage, if any, suffered by any member of the public. • The economic advantage the party gained by not complying with the ordinance. • Any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years. • The amount of staff time which was expended investigating or addressing the violation. • The amount of administrative penalties which have been imposed in similar situations. September 2003 Chapter 4— Illicit Discharge Detection and Elimination Program 4E - 1 Levels of Violations The amount of the administrative penalty shall be set according to one of the following four levels of violations: Level A violations are violations that present a substantial probability that death or serious physical harm to the public at large or person(s) would result. Level A violations shall be subject to an administrative penalty of five thousand dollars ($5,000) to ten thousand ($10,000). Level B violations are violations that either (1) present the threat, but not substantial probability, that serious physical harm to the public at large or person(s) would result; o r (2) pres circumstances that are likely to cause and/or do cause serious harm to public or private property; or (3) present a conscious and willful disregard of (i) a hearing examiner's order(s), or (ii) orders or notices of violation issued by an agency authorized to issue such orders or notices. Level B violations shall be subject to an administrative penalty of two thousand five hundred dollars ($2,500) to four thousand nine hundred ninety -nine dollars ($4,999). Level C violations are violations that are violations that present circumstances that either (1) are likely to cause and/or do cause harm to public or private property, or (2) show repeated or continuous noncompliance with (i) a hearing examiner's order(s), or (ii) orders or notices of violation issued by an agency authorized to issue such orders or notices. Level C violations shall be subject to an administrative penalty of one thousand dollars ($1,000) to two thousand four hundred ninety -nine dollars ($2,499). Level D violations are violations other than Level A, B, or C violations. Level D violations shall be subject to an administrative penalty of one hundred dollars ($100) to nine hundred and ninety -nine dollars ($999). Guidelines for determining penalty amounts The following guidelines are established for determining administrative penalty amounts. Residential — Non - hazardous non - stormwater discharges Non - hazardous materials include dirt/gravel/sand, vegetation, gray water, food waste, chlorinated pool water, and detergents. Extenuating circumstances can include the responsible party was grossly negligent, failed to contain and clean up the prohibited material within the time frame prescribed by the city, attempted to mislead the city with incorrect information and/or refused to comply with the city's enforcement action(s). First Violation: Issuance of a notice of violation, cease and desist order and/or notice to clean and abate, but no imposition of administrative penalties. If the city 4E - 2 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 enforcement official determines that extenuating circumstances exist, then a minimum penalty of $100, not to exceed $999 (Level D) shall apply. Second Violation: Minimum penalty of $100, not to exceed $999 (Level D). Determination of the penalty amount within this range will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Subsequent Violations: If the city enforcement official has imposed an administrative penalty on the same responsible party for a violation of city code within the preceding three years, the maximum administrative penalty for subsequent violations may be increased to $2,499 (Level C). The circumstances of the subsequent violations need not be similar to those of the previous violation(s). The maximum administrative penalty for subsequent violations may be increased to $4,999 (Level B) if the city enforcement official determines that extenuating circumstances exist. Determination of the penalty amount within these ranges will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Residential — Hazardous Non - Stormwater Discharges Hazardous materials include oils, fuels, latex, oil or water based paint, stucco or concrete waste /wastewater, sewage, antifreeze, paint thinners, herbicides, pesticides, pool chemicals, cleaners, and solvents, acids. First Violation: Minimum penalty of $200, not to exceed $2,499 (Level C or D) for the first prohibited non - stormwater discharge identified as a hazardous material. Determination of the penalty amount within these ranges will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Subsequent Violations: If the city enforcement official has imposed an administrative penalty on the same responsible party for a violation of city code within the preceding • three years, the maximum administrative penalty for subsequent violations may be increased to $4,999 (Level B). The circumstances of the subsequent violations need not be similar to those of the previous violation(s). Determination of the penalty amount within these ranges will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Business — Non - hazardous non - stormwater discharges First Violation: September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4E - 3 Issuance of a notice of violation, cease and desist order and/or notice to clean and abate, but no imposition of administrative penalties. If the City enforcement official determines that extenuating circumstances exist, then a minimum penalty of $250, not to exceed $999 (Level D) shall apply. Second Violation: Minimum penalty of $250, not to exceed $2,499 (Level C or D). Determination of the penalty amount within this range will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Subsequent 'Violations: If the city enforcement official has imposed an administrative penalty on the same responsible party for a violation of city code within the preceding three years, the maximum administrative penalty for subsequent violations may be increased to $2,499 (Level C). The circumstances of the subsequent violations need not be similar to those of the previous violation(s). The maximum administrative penalty for subsequent violations may be increased to $4,999 (Level B) if the city enforcement official determines that extenuating circumstances exist. Determination of the penalty amount within these ranges will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Best Management Practices (BMPs): The responsible party may, upon approval by the city enforcement officer, apply the administrative penalty amount toward the purchase of structural BMPs to eliminate any reasonable possibility of a future prohibited non - stormwater discharge. Business — Hazardous non-stormwater discharges First Violation: Millillluiii penally of $500, not to exceed $2,499 (Le C or D) for the first prohibited non - stormwater discharge identified as a hazardous material. If extenuating circumstances exist, then the maximum administrative penalty may be increased to $4,999. Determination of the penalty amount within these ranges will be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Subsequent Violations: If the city enforcement official has imposed an administrative penalty on the same responsible party for a violation of city code within the preceding three years, the maximum administrative penalty for subsequent violations may be increased to $9,999 (Level A). The circumstances of the subsequent violations need not be similar to those of the previous violation(s). Determination of the penalty amount within these ranges will 4E - 4 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 be made based on consideration of the factors associated with the violation and comparison to similar administrative penalties issued previously. Best Management Practices (BMPs): The responsible party may, upon approval by the city enforcement officer, apply the administrative penalty amount toward the purchase of structural BMPs to eliminate any reasonable possibility of a future prohibited non- stormwater discharge. Other Enforcement Actions: Cost Recovery The imposition of administrative penalties for violations of city code X.X shall not prevent the city or any other authorized agency from exercising any additional enforcement authority authorized or provided in any law or regulation. The imposition of administrative penalties shall be in addition to the recovery of costs incurred by the city in cleaning up and abating a violation, or the recovery of costs granted to the city after prevailing in an administrative, civil or criminal proceeding. September 2003 Chapter 4 — Illicit Discharge Detection and Elimination Program 4E - 5 4E - 6 Chapter 4 — Illicit Discharge Detection and Elimination Program September 2003 Table of Contents Chapter 5 - Construction Site Stormwater Runoff Control Program 5 -1 5.1 Requirements 5 -1 5.1.1 Ecology's Statewide NPDES Construction Stormwater General Permit 5 -2 5.1.2 Relationship of the Statewide Construction Permit with the Phase II Construction Minimum Measure 5 -3 5.2 Benefits: Why this Program is Important 5 -3 5.3 Model Program for Construction Site Stormwater Runoff Control 5 -4 5.3.1 Adopt an Erosion and Sediment Control Ordinance 5 -4 5.3.2 Train Plan Reviewers and Field Inspectors 5 -6 5.3.3 Review Site Plans for Erosion and Sediment (E &S) Controls 5 -7 5.3.4 Receive Information from the Public 5 -9 5.3.5 Inspect Construction Sites 5 -9 5.3.6 Provide Information on Training for Construction Operators 5 -10 5.4 Resources 5 -10 Appendices 5 -11 Appendix 5A — Depai tment of Ecology Notice of Intent for Construction Activity 5A -1 Appendix 5B — Example Inspection Report 5B -1 September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-i Chapter- 5 - Construction Site Stormwater Runoff Control Program 5.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following regulations for construction site stormwater runoff control. This Model Program is intended to meet the EPA regulations and form the primary basis for complying with the Phase II general permit that the Department of Ecology will issue to eastern Washington cities and counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(4) Construction site stormwater runoff control (i) You must develop, implement, and enforce a program to reduce pollutants in any stormwater runoff to your small MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of stormwater discharges from construction activity disturbing less than one acre must be included in your program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. If the NPDES permitting authority waives requirements for stormwater discharges associated with small construction activity in accordance with Sec. 122.26(b)(15)(i), you are not required to develop, implement, and/or enforce a program to reduce pollutant discharges from such sites. (ii) Your program must include the development and implementation of, at a minimum: (A) An ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to the extent allowable under State, Tribal, or local law; (B) Requirements for construction site operators to implement appropriate erosion and sediment control best management practices; (C) Requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality; (D) Procedures for site plan review, which incorporate consideration of potential water quality impacts; September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-1 (E) Procedures for receipt and consideration of information submitted by the public, and (F) Procedures for site inspection and enforcement of control measures. Guidance 1 40 CFR 122.34(b)(4) Construction site stormwater runoff control Examples of sanctions to ensure compliance include non - monetary penalties, fines, bonding requirements and/or permit denials for non- compliance. EPA recommends that procedures for site plan review include the review of individual pre - construction site plans to ensure consistency with local sediment and erosion control requirements. Procedures for site inspections and enforcement of control measures could include steps to identify priority sites for inspection and enforcement based on the nature of the construction activity, topography, and the characteristics of soils and receiving water quality. You are encouraged to provide appropriate educational and training measures for construction site operators. You may wish to require a stormwater pollution prevention plan for construction sites within your jurisdiction that discharge into your system. See Sec. 122.44(s) (NPDES permitting authorities' option to incorporate qualifying State, Tribal and local erosion and sediment control programs into NPDES permits for stormwater discharges from construction sites). Also see Sec. 122.35(b) (The NPDES permitting authority may recognize that another government entity, including the permitting authority, may be responsible for implementing one or more of the minimum measures on your behalf.) 5.1.1 Ecology's Statewide NPDES Construction Stormwater General Permit Similar to private developers, cities and counties in Washington are required to obtain a NPDES construction permit from Ecology for all soil disturbing activities (including grading, Slump removal, dernolition) of five or more acres. This NPDES construction permit is required if the project discharges stormwater to a receiving water (e.g., wetlands, creeks, unnamed creeks, rivers, marine waters, ditches, and estuaries) and/or storm drains that discharge to receiving water. If the construction owner plans on retaining all stormwater on site, but detention facilities need to be constructed to retain the stormwater, permit coverage is still required. When the Phase II regulations became effective in March 2003, this five acre threshold fell to one acre. A permit is required from any construction owner, including local governments. Construction operators who fall under these requirements will be required to submit an application to Ecology. A copy of this application form (or Notice of Intent) is found in Appendix 5A. 5-2 Chapter 5 — Construction Site Stormwater Runoff Control Program September 2003 The Construction Stormwater General Permit was reissued, and a notice of appeal was filed on the reissued permit. A partial stay has been issued for construction sites that discharge to 303(d) impaired water bodies. For the latest information on this permit, see Ecology's stormwater web site: http://wvvw.ecy.wa.gov/programs/wq/stormwater/index.html 5.1.2 Relationship of the Statewide Construction Stormwater General Permit with the Phase II Construction Minimum Measure The Statewide Construction Stormwater General Permit, issued by Ecology and described in Section 5.1.1, applies to all construction activity disturbing at least one acre that has a discharge, meaning that the stormwater from that site enters a storm drain or a surface water body. The Construction Minimum Measure, which this chapter addresses, only applies within the Phase II boundary described in Chapter 1, Section 1.4.2. Therefore, construction projects outside of a Phase II boundary will only need to apply for Ecology's Statewide Construction Stormwater General Permit (if applicable) and comply with any local requirements, if they exist. Construction projects within the Phase II boundary will need to apply for Ecology's Statewide Construction Stormwater General Permit and comply with the local construction program described in this chapter. 5.2 Benefits: Why this Program is Important Construction sites with improper erosion and sediment controls have been shown to cause significant water quality impacts. These impacts are the result of both sediment discharged and the associated pollutants absorbed onto particles found with the sediment. Sediment discharges from construction sites smother aquatic habitat and spawning grounds for fish, fill reservoirs and channels, and increase the cost of filtration for water treatment plants. EPA cites a number of studies documenting the impacts of construction site runoff. One study in Wisconsin found that before construction, runoff sampled from a commercial site had an average of 138 mg/L of total solids concentrations. Runoff sampled during construction, however, averaged more than 15,000 mg/L while post- construction runoff averaged only 200 mg/L. The economic impacts of construction site erosion - related problems are difficult to quantify. A study by Paterson et al. in 1993 cited in Brown and Caraco (1997) estimated the nation's total urban erosion - related problems cause between $192 million and $2.2 billion per year in damaged (in 1985 dollars). These economic impacts vary greatly depending on location and type of water body impacted. September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-3 . 5.3 Model Program for Construction Site • Stormwater Runoff Control The Model Program described below is implemented in coordination with the Stormwater Management Manual for Eastern Washington where adopted in ordinance by local governments. The Manual provides the technical standards with which construction site operators must comply, while the Model Program specifies the activities certain cities and counties will follow. This Model Program addresses a local program to control erosion from construction site. Construction operators for sites disturbing more than one acre are also required to apply for coverage under the NPDES Construction Stormwater General Permit. Ecology is oversees compliance with the NPDES Construction Stormwater General Permit while the community oversees compliance with its own local ordinances, permits, and stormwater program. All BMPs in this chapter, BMPs 5A — 5F, are required. BMP 5C includes an optional practice that can be implemented at the discretion of the jurisdiction. 5.3.1 Adopt an Erosion and Sediment Control ordinance Required BMP 5A: For permits or authorizations issued by the jurisdiction for construction operators disturbing at least 1 acre, require through ordinance erosion and sediment controls in compliance with the Stormwater Management Manual for Eastern Washington or an equivalent manual. Jurisdictions may, at their discretion, require erosion and sediment controls for smaller sites based on local conditions and needs. Measurable Goal: Adopt a fmal ordinance by the end of permit year 2. A « rd: a t.. and sediment controls on constr !'1 ordinance require erosion sills sediment VValal VaJ on v �avaa sites is needed to ensure compliance. This ordinance effectively requires local construction operators to follow the Stormwater Management Manual for Eastern Washington, or another equivalent manual. An effective ordinance also includes penalties to ensure compliance. At a minimum, this ordinance applies to all construction activity disturbing at least one (1) acre. Incorporate these ordinance requirements into an existing grading permit process, requiring sites to submit erosion and sediment control plans and implement BMPs before a grading permit is issued. A "model" ordinance, based on the city of Boise's stormwater ordinance, is found in Appendix 4B (Illicit Discharge Chapter). This ordinance covers the legal authority required for construction and post- construction control by requiring construction operators to follow a stormwater manual. 5-4 Chapter 5 — Construction Site Stormwater Runoff Control Program September 2003 Include in the local ordinance a requirement that construction sites comply • with a stormwater management design manual, or the Stormwater Management Manual for Eastern Washington. The details on the types of controls construction sites must implement are contained in the Manual, not the ordinance. The State Building Code can also provide the legal authority, however, in most cases it is probably better to have the legal authority specified in the local municipal code. The State Building Code Council's Endangered Species Act (ESA) Technical Advisory Group is drafting erosion control and spill prevention standards to address requirements of the Endangered Species Act. When these standards are completed, they may also provide additional legal authority. Stormwater Management Manual for Eastern Washington The Stormwater Management Manual for Eastern Washington (Manual) provides the technical guidance to help municipalities implement this Model Program. The Manual provides commonly accepted stormwater management practices which if implemented are presumed to protect water quality. Cities and counties may develop alternative technical manuals but may need to demonstrate that alternative technical manuals and alternative stormwater management practices will protect water quality. The Manual consists of eight core elements applicable to new development and redevelopment projects in eastern Washington that discharge to surface waters or to UIC rule- authorized subsurface drainage systems. For the construction site stormwater runoff control measure, the main core elements are #1, Preparation of a Stormwater Site Plan and #2, Construction Stormwater Pollution Prevention. Core element #2, Construction Stormwater Pollution Prevention, contains twelve Construction stormwater pollution prevention plan (SWPPP) elements to prevent pollution resulting from erosion and sediment runoff during the construction phase: 1. Mark Clearing Limits 2. Establish Construction Access 3. Control Flow Rates 4. Install Sediment Controls 5. Stabilize Soils 6. Protect Slopes 7. Protect Drain Inlets 8. Stabilize Channels and Outlets 9. Control Pollutants September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-5 10. Control De- Watering 11. Maintain BMPs 12. Manage the Project In addition, Chapter 7 of the Manual provides guidance on planning, design, and implementation of stormwater management practices at construction sites. This chapter includes a series of source control BMPs and runoff conveyance and treatment BMPs for construction SWPPPs. At the time of publication of this Model Program, the Stormwater Management Manual for Eastern Washington was still in draft form. Ensure that you have the latest copy of the Manual when developing your stormwater program." Progressive enforcement plan To ensure compliance with the local erosion and sediment control ordinance, develop and follow an enforcement plan that includes enforcement of inadequate construction erosion and sediment controls. This enforcement plan is described in Chapter 4, Section 4.3.5. A single enforcement plan can be developed to address illicit discharges, construction erosion and sediment controls, and post - construction controls. Include in the enforcement plan a description of the different levels of enforcement actions available to inspectors, such as warnings, administrative actions, and fines. In addition, include in the plan a description of the recommended level of enforcement response for first, second, and subsequent violations of the local erosion and sediment control ordinance provisions. An effective mechanism for construction sites, if available, is a stop work order. Consistent violations of construction site erosion and sediment control requirements could prompt the inspector to issue a stop work order. This type of order usually brings a prompt response from the owner. 5.3.2 Train Plan Reviewers and Field Inspectors Required BMP 5B: Provide training or coordinate with existing training efforts to educate plan reviewers and field inspectors in erosion and sediment control BMPs and requirements. Measurable Goal: Train plan reviewers and inspectors by the end of permit year 5, and annually thereafter. Sections 5.3.3 and 5.3.5 describe the process to review site plans for erosion and sediment controls and inspect construction sites for proper BMP installation and maintenance. To help implement these activities, provide training to plan reviewers and field inspectors in developing and 5-6 Chapter 5 — Construction Site Stormwater Runoff Control Program September 2003 implementing an effective erosion and sediment control plan. This training can be developed in- house, or a variety of organizations offer training courses on construction site sediment and erosion control. Course information for a few of these trainings is available on the internet at the addresses below. International Erosion Control Association http://vvww.ieca.org/public/articles/index.cfm?cat=24 Association of General Contractors of Washington http: / /www.agcwa.com/soil.asp University of Washington's Engineering Professional Program http://www.engr.washington.edui—uw-epp/Peplicec.html Whenever possible, coordinate the training for erosion and sediment control with training on post - construction stormwater management, as described in Chapter 6. This will ensure staff obtain training in both areas while promoting efficient use of resources. This BMP requires plan reviewers and field inspectors to receive training, but does not specify exactly how this training should occur. Issues such as the type of training, length of training, and whether to require certification are left to each individual community to decide. 5.3.3 Review Site Plans for Erosion and Sediment (E &S) Controls Note: This BMP should be conducted in coordination with BMP 6D. Required BMP 5C: Review stormwater asite plans prior to construction to ensure that they include adequate E &S controls and post - construction controls. This review is conducted to determine compliance with local ordinances and the Stormwater Management Manual for Eastern Washington or an equivalent manual. Federal rules require that all construction sites greater than one disturbed acre be subject to plan review. Jurisdictions may, at their discretion, require plan review for smaller sites based on local conditions and needs. Measurable Goal: Review all site plans subject to the local ordinance by the end of permit year 5. To ensure that construction sites include the required stormwater controls, review pre - construction site plans to ensure that they include appropriate erosion and sediment controls and post - construction controls in compliance with the local ordinance and the Stormwater Management Manual for Eastern Washington. Combine this pre - construction review of E &S controls with the review of post - construction controls to streamline the review time and conserve resources. EPA recommends that procedures for site plan review include the review of individual pre - construction site plans to ensure consistency with local September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-7 sedimentation and erosion control requirements. The pre - construction site . plan review process needs to be integrated into the existing plan review process, either through the grading and building permit review process or a similar building review process, and address both E &S controls and post - construction controls. Use this review process to verify that the site contains appropriate and adequate E &S controls and post - construction controls before construction begins. At a minimum, include review of all plans for construction sites disturbing at least one acre in the site plan review process. Factors to verify during the site plan review process include: • Erosion and sediment controls consistent with Stormwater Management Manual for Eastern Washington (or equivalent) are planned and clearly described on the plan. • The plan meets all local erosion and sediment control requirements. • The construction operator is aware of their responsibility for implementing and maintaining erosion and sediment controls and is aware of the penalties for failing to do so. • Post - construction controls consistent with the Stormwater Management Manual for Eastern Washington (or equivalent) are planned and clearly described on the plan. • The construction operator and landowner are aware of the responsibility for implementing and maintaining the post - construction controls, and are aware of the penalties for failing to do so. A pre - construction site plan meeting between the City /County and the construction operator is a good way to ensure that both parties are comfortable with the plan and requirements. Optional Practice: As an optional practice, consider having plan reviewers check to determine if an NOI (Notice of Intent) has been t submitted to Ecolo for all projecs that disturh greater th nn. acre+ A submitted to i.. vvav fj � for u.. Z ..a .d..w ..a ... ..,.. » . .. b . ».... .... » .. � .�. �. »� copy of the NOI would be necessary before the plan is approved by the city or county. Measurable Goal: During each plan review, the plan reviewer will verify that an NOI has been submitted to Ecology, if required for that project. Construction activity disturbing at least one acre will, in addition to complying with the local jurisdiction's stormwater ordinance, also generally have to submit a Notice of Intent (NOI) to be covered by Ecology's statewide construction general permit. The plan review process can include a check to verify that this required NOI has been submitted. If the NOI has not been submitted to Ecology, the local jurisdiction can hold approval of the construction plan. 5-8 Chapter 5 — Construction Site Stormwater Runoff Control Program September 2003 This helps educate local construction operators on their responsibility to comply with both state and local requirements. 5.3.4 Receive Information from the Public Required BMP 5D: Publish a phone number, or equivalent system, to receive information from the public on construction site runoff issues. Set up a process to pass this information off to field inspectors. Measurable Goal: Publish a phone number or equivalent system by the end of permit year 5. To meet this requirement, list a phone number for "construction- related complaints" in the local government pages, published in brochures and listed on the jurisdictions web site, if available. Direct this phone number to the appropriate staff person, such as an administrative assistant for the public works department or a construction inspector. • Keep written logs of all complaints that include the date and time of the call, location of the construction site, and the nature of the complaint. Provide information on these complaints to the local construction inspectors by the end of the day; the goal is to have inspectors follow -up on each complaint within three days. 5.3.5 Inspect Construction Sites Required BMP 5E: Inspect all construction sites during the construction period that are regulated by the ordinance adopted in BMP 5A. Measurable Goal: Inspect all construction sites meeting the one -acre threshold criteria and not subject to a waiver. Inspection frequency will be based on prioritization criteria, however, all construction sites must be inspected at least once. Once site plans receive approval for E &S controls, it is extremely important to ensure that E &S controls are properly installed and maintained, and that the site plan reflects changes made on -site (e.g., different types of controls used and changed location of controls). Frequent and consistent inspections are the key to ensuring proper installation and maintenance of E &S controls. The frequency for inspecting construction sites varies based on local conditions and priorities. At a minimum, inspect all construction sites at least once during the project period. Set inspection priorities based upon local goals, resources, and known problem areas. These priority sites can be based on particular areas or the priority sites can be based on specific operators with past problems or larger construction sites. Suggested criteria for priority setting include: September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-9 • Construction sites on steep slopes or highly erodible areas • Construction sites operated by contractors with past violations • Construction sites disturbing more than five acres and/or • Construction sites following rain events Document the criteria used to set inspection priorities, and describe the frequency of inspection for these sites. The example inspection form provided in Appendix 5B can be completed when conducting site inspections to help inspectors determine what to look for. The frequency of inspections will vary based on the priority of the site. Inspect each construction site at least once during the construction period. More frequent inspections may be required during wet weather and for sites identified as priorities. Consider training other local inspectors, such as building or infrastructure inspectors, on proper erosion and sediment controls and requirements. These inspectors are often on construction sites for other inspection purposes, and could more cost - effectively perform E &S inspections rather than sending a separate E &S inspector to the site. Alternatively, designate a single inspector to be dedicated to E &S controls, and have that inspector visit sites to ensure compliance. 5.3.6 Provide Information on Training for Construction Operators 1 Required BMP 5F: Provide information on local training available to construction operators on how to install and maintain effective erosion and sediment control and how to comply with the Stormwater Management Manual for Eastern Washington, or an equivalent manual. Measurable Goal: Training information to be provided to local construction operators, upon request, by the end of permit year 5. Local jurisdictions do not need to conduct this training for local construction operators, but should direct construction operators to available training resources if requested. This could be provided as a • single page handout during the pre - construction meeting or as requested. The training described in Section 5.3.2 also applies to local construction operators. In fact, many classes will include a mix of both municipal construction plan reviewers and inspectors, along with local construction operators. 5.4 Resources This section includes resources and references for additional information to assist cities in developing and implementing the Model Program. 5-10 Chapter 5 — Construction Site Stormwater Runoff Control Program September 2003 EPA's Menu of BMPs for stormwater Phase I http:/ /www.epa.gov /npdes /menuofbmps /con site.htm Stormwater Management Manual for Western Washington http://www.ecy.wa.gov/programs/wq/stormwater/manual.html Appendices Appendix 5A — Department of Ecology Notice of Intent for Construction Activity Appendix 5B — Example Inspection Report September 2003 Chapter 5 — Construction Site Stormwater Runoff Control Program 5-11 Appendix 5A - Department of Ecology Notice of Intent for Construction Activity September 2003 Chapter 5 — Construction Site Runoff Program 5A - 1 Application for General Permit to . Discharge Stormwater Associated with ❑ Change of Information ..., .,.,, Construction Activity k1N ° brCT. V (Notice of Intent) Permit # S03 - -- -_ __ _ - — (Please print in ink or type) Please Read NOI Instructions Before Filling Out This Form I. Contact Person 11. Ow /R of Site (Ail correspondence will be mailed here) I Contact Name Phone No. Owner's Name Phone No. l Company Company Name Mailing Address Mailing Address I City State Zip +4 City State Zip +4 III. Site Location /Address IV. Billing Address Site Name Contact Name Phone No. Street Address (or Location Description) Company Name City or nearest city) Zip +4 Mailing Address County City State Zip + 4 Provide legal description if no address for site (attach separate sheet if necessary) V. Receiving Water Information (check all that apply) A. Does your construction site discharge stormwater to: 1. ❑ Storm drain system - Owner of storm drain system (name) 2. ❑ Indirectly or directly to surface waters ( ❑ River ❑ Lake ❑ Creek ❑ Estuary ❑ Ocean ❑ Wetland ) 3. ❑ Directly to ground waters of Washington state. ❑ Dry Wet ❑ Drainfield ❑ Other B. Name(s) of receiving water(s)___ _ Initial discharge is to an unnamed receiving water? ❑ Yes ❑ No ( Ditch ❑ Wetland ❑ Unnamed Stream 1 C. Location of discharges (Use any of the following to most accurately identify location of discharge. Attach a supplemental sheet if more than one discharge point andlor numerous receiving waters.): 1. Map enclosed (Mark discharge point on map and provide distance from receiving water.) (Specify degrees. minutes. and seconds.) 2. ' : Section — Township _ Range V. %; Section Township Range_ '' /, V.. Section Township _ Range_ — 3 Latitude Longitude Latitude —__ —_ —__— Longitude _ Latitude Longitude VI. Construction Activity Information 1 Total size of site acres Total area to be disturbed acres How many phases' i 2 Will any portion of the project be sold to pnvate developers? ❑ Yes ❑ No 3 Projected startup date __ i — Proposed completion date l__ month year month year 4 Will there be dewatenng activity? ❑ Yes ❑ No If yes. give bnef descnption of location of such activity and how water will be disposed of — —_— - -- — - -_- 5 Check all construction (soil disturbing actmties) that apply. Attach a supplemental sheet if necessary. ❑ Cleanng ❑ Utilities ❑ Landscaping Homes (How many ?) ❑ Other — — _ ❑ Grading ❑ Stormwater Facilities ❑ Trails ❑ Single - family ❑ Other _ ❑ Demolition ❑ Roads/Streets ❑ Parks ❑ Multi- family ❑ Other ❑ Importing Sal ❑ Retaining Walls Industrial Buildings ❑ Townhomes ❑ Other 0 Exporting Sal 0 Piping Systems Type -- 0 Condominiums — ❑ Other ❑ Stockpiling ❑ Filling Wetland Site ECY 020-85 (Rev 3101) Page 1 of 3 5A - 2 Chapter 5 - Construction Site Runoff Program September 2003 • • VII. Stormwater Pollution Prevention Plan (SWPPP) A. Best Management Practices (BMPs) (Check all that apply.) Attach supplemental list if needed to include other BMPs. 0 Silt Fencing 0 Wheel Wash Area 0 Rtprap Charnel Lining 0 Slope Reduction 0 Vegetated Strips 0 Nets and Blankets 0 Interceptor Trenches/Ditches 0 Chemical Treatment (Potyacrylamides) 0 Straw Bales 0 Swale 0 Culverts 0 Kiln Dust ❑ Mulching 0 Diverted Flows 0 Pipes 0 Dust Control 0 Hydroseed 0 Dikes 0 Berms 0 Other 0 Plastic Covering 0 Check Dams 0 Terracing 0 Other • B. Stormwater Pollution Prevention Plan (SWPPP) Has a SWPPP been developed that includes a narrative and drawings? 0 Yes 0 No If NO, will a plan be developed prior to the start of construction? 0 Yes 0 No If you answered NO to the above question, notify Ecology in writing when a final Plan has been developed. A permit will not be issued until a confirmation letter has been received by Ecology. The SWPPP is to be implemented when construction activity commences on your project. VIII. State Environmental Policy Act (SEPA) If the SEPA process has not been completed at the time of NOI submittal, a follow -up letter must be sent to Ecology with the following information prior to Ecology granting permit coverage. Has a SEPA review been completed? 0 Yes 0 No 0 Exempt Type of SEPA document 0 DNS 0 Final EIS 0 MDNS Agency issuing DNS. Final EIS, or Exemption ; Date _ Are you aware of an appeal of the adequancy of the SEPA document? 0 Yes 0 No (If yes, please attach explanatory letter.) SEPA requirements must be complied with prior to permit issuance. IX. Public Notice The public notice must be published at least once each week for 2 consecutive weeks. in a single newspaper which has general circulation in the county in which the construction is to take place See the NO1 instructions for the public notice language requirements. Permit coverage will not be granted sooner than 31 days after the date of the second public notice. Note: This NO! must be submitted to Ecology on or before the date of the first public notice. PUBLIC NOTICE (,lame nl' owner. or mine of owner it engineering firm architect. etc.[ t_-1 akirecs u1 miner, or , kcprctentunc•er is seeking coverage under the Washington Department of Ecology's NPDES General Permit for Stormwater Discharges Associated with Construction Activities. The proposed _ ( Jora/ acres) project. known as (Project mince is located fStreel acktres. intersection. crossroads, or other Je criptrve site to ntuni itt (Name of nearest cat ). Approximately (Number of disturbed acres) will be disturbed for construction of /J.nt all C ortstrrn nun uc11I11. e.g., clearing. unporting exporting materials. demolition, grating. sternum ctie'r lcx•llinca. rrxtIIS, utrltttcs. number hutfdut,s ironies and type, ncJcsalks. landscaping., Stonnwester cull be _tlinrt firstrtntton of host rile sionntttiter will he cleaned wit/ t:rnetnrllcJ/, poor to discharging _ r( lane the direr [run of tht %tornlst liter flints, (List st ei/ands. unnamed and nanwJ 1-et-crying it titers un0.slnnn drains. &lards 11 hullers mill bt used to protect ,ntent M tnerhrtt11e■ 1 Anv person desiring to present their dews to the Depanment of Ecology concerning this applicatun. may notify Ecology in wTiung within 10 des} s from the last date of publication of this notice Cbnunents ma} he submitted to Dept of Ecology. Stormwater Unit. PO Box 47096. Olsittpia. \V..\ 98504-7096 Provide the exact dates (mm /ddtyy) that the first and second public notices will appear in the newspaper: Date of the first notice __I_ / _ Date of second nonce l / _ Name of the newspaper which will run the public notices Ecology is no longer requrnng the subm ttal of the affidavit of publication. Complete the above public notice information or provide a copy of the notice to be published. ECY 020 -85 (Rev. 3!01) Page 2 of 3 September 2003 Chapter 5 — Construction Site Runoff Program 5A - 3 X. Regulatory Status _ A. ❑ NPDES Permit (e.g.. industrial stormwater) C. ❑ Air Notice of Construction. Permit. or Order Permit No. Agency _ B. 0 State Waste Discharge Permit D. ❑ State/USEPA Hazardous Waste ID No. Permit No. X!. C o f ? "I cerri fi> under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the reformation submitted Bused on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. the rrt, formation submitted is, to the best glitzy knowledge and be /tef, true, accurate. and complete. I am aware that there are significant penalties for submitting false information. including the possibility of fine. and imprisonment for knowing violations.. Owner/Representative s Printed Name Title • Owner/Representative's Signature Date Sign and retum this document to the following address: for questions call (360) 407 -6437: Washington Department of Ecology, Water Quality Program, Stormwater Unit. PO Box 47696. Olympia, WA 98504 -7696 The Department of Ecology is an equal opportunity agency and does not discriminate on the basis of race. creed color. disability. age, religion, national origin. sex. manta! status, disabled veteran's status. Vietnam Era veteran's status. or sexual orientation. ECY 020.85 (Rev 3/01) Page 3 of 3 5A - 4 Chapter 5 — Construction Site Runoff Program September 2003 Appendix 5B - Example Inspection Report Erosion and Sediment Control Inspection Checklist Inspection Report Sheet of Project Name: File No. Inspection Date: Time: Inspected by: Stage of Construction Pre - Construction Conference _ Rough Grading _ Finish Grading Clearing and Grubbing Building Construction _ Final Stabilization Inspection Checklist Yes No NA [ ] [ ] [ ] Have all denuded areas requiring temporary or permanent stabilization been stabilized? Seeded? yes /no Mulched? yes /no Graveled? yes /no [ 1 [ ] [ ] Are soil stock piles adequately stabilized with seeding and/or sediment trapping measures? [ ] [ ] [ ] Does permanent vegetation provide adequate stabilization? [ ] [ ] [ ] Have sediment trapping facilities been constructed? [ ] [ ] [ ] For perimeter sediment trapping measures, are earthen structures stabilized? [ ] [ ] [ ] Are sediment basins installed where needed? [ ] [ ] [ ] Are finished cut and fill slopes adequately stabilized? [ ] [ ] [ ] Are on -site channels and outlets adequately stabilized? [ ] [ ] [ ] Do all operational storm sewer inlets have adequate inlet protection? [ ] [ ] [ ] Are stormwater conveyance channels adequately stabilized with channel lining and/or • outlet protection? [ ] [ ] [ ] Is in -stream construction conducted using measures to minimize channel damage? [ ] [ ] [ ] Are temporary stream crossings of non - erodible material installed where applicable? [ ] [ ] [ ] Is necessary restabilization of in -stream construction complete? [ ] [ ] [ ] Are utility trenches stabilized properly? [ ] [ ] [ ] Are soil and mud kept off public roadways at intersections with site access roads? [ ] [ ] [ ] Have all temporary control structures that are no longer needed been removed? [ ] [ ] [ ] Have all control structure repairs and sediment removal been performed? [ ] [ ] [ ] Are properties and waterways downstream from development adequately protected from erosion and sediment deposition due to increases in peak stormwater runoff? September 2003 Chapter 5 — Construction Site Runoff Program 5B - 1 Comments: • Verbal/Written notification given to: Report by: Date: 58 - 2 Chapter 5 — Construction Site Runoff Program September 2003 Table of Contents Chapter 6 - Post Construction Stormwater Management Program 6 -1 6.1 Requirements 6 -1 6.2 Benefits/Why This Program is Important 6 -3 6.3 Model Program for Post - Construction Stormwater Management 6 -3 6.3.1 Ordinance Requiring Post - Construction Controls 6 -4 6.3.2 Develop a Plan to Address Post - Construction Runoff 6 -6 6.3.3 Training for Plan Reviewers and Field Inspectors 6 -7 6.3.4 Site Plan Review for Post - Construction BMPs 6 -7 6.3.5 Inspections of Structural Post - Construction BMPs 6 -7 6.4 Resources 6 -9 Appendices 6 -9 Appendix 6A — City of Spokane Ordinance for Stormwater Facility Inspections and Maintenance 6A- 1 Appendix 6B — Pasco Impervious Surfaces Ordinance 6B -1 Appendix 6C — Olympia Maintenance Agreement 6C- 1 Appendix 6D — New Development Inspection Form 6D -1 September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -i Chapter 6 - Post Construction Stormwater Management Program 6.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following information as regulations for post - construction stormwater management. This Model Program is intended to meet the EPA regulations and form the primary basis for complying with the Phase II general permit that the Department of Ecology will issue to eastern Washington cities and counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(5) Post - construction stormwater management in new development and redevelopment (i) You must develop, implement, and enforce a program to address stormwater runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts. (ii) You must: (A) Develop and implement strategies which include a combination of structural and/or non - structural best management practices (BMPs) appropriate for your community; (B) Use an ordinance or other regulatory mechanism to address post - construction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; and (C) Ensure adequate long -term operation and maintenance of BMPs. Guidance 40 CFR 122.34(b)(5) Post - construction stormwater management in new development and redevelopment If water quality impacts are considered from the beginning stages of a project, new development and potentially redevelopment provide more opportunities for water quality protection. EPA recommends that the BMPs chosen: be appropriate for the local community; minimize water quality impacts; and attempt to maintain pre - development runoff conditions. In choosing appropriate BMPs, EPA encourages you to participate in locally -based watershed planning efforts which attempt to involve a diverse group of stakeholders including interested citizens. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -1 Guidance 40 CFR 122.34(b)(5) Post - construction stormwater management in new development and redevelopment When developing a program that is consistent with this measure's intent, EPA recommends that you adopt a planning process that identifies the municipality's program goals (e.g., minimize water quality impacts resulting from post - construction runoff from new development and redevelopment), implementation strategies (e.g., adopt a combination of d t ..__._ , i Ws \ t. structural and/or non-structural -��, operation and maintenance policies and procedures, and enforcement procedures. In developing your program, you should consider assessing existing ordinances, policies, programs and studies that address stormwater runoff quality. In addition to assessing these existing documents and programs, you should provide opportunities to the public to participate in the development of the program. Non - structural BMPs are preventive actions that involve management and source controls such as: policies and ordinances that provide requirements and standards to direct growth to identified areas, protect sensitive areas such as wetlands and riparian areas, maintain and/or increase open space (including a dedicated funding source for open space acquisition), provide buffers along sensitive water bodies, minimize impervious surfaces, and minimize disturbance of soils and vegetation; policies or ordinances that encourage infill development in higher density urban areas, and areas with existing infrastructure; education programs for developers and the public about project designs that minimize water quality impacts; and measures such as minimization of percent impervious area after development and minimization of directly connected impervious areas. Structural BMPs include: storage practices such as wet ponds and extended- detention outlet structures; filtration practices such as grassed swales, sand filters and filter strips; and infiltration practices such as infiltration basins and infiltration trenches. EPA recommends that you ensure the appropriate implementation of the structural BMPs by considering some or all of the following: pre - construction review of BMP designs; inspections during construction to verify BMPs are built as designed; post - construction inspection and maintenance of BMPs; and penalty provisions for the noncompliance with design, construction or operation and maintenance. Stormwater technologies are constantly being improved, and EPA recommends that your requirements be responsive to these changes, developments or improvements in control technologies. Inspections of existing post construction controls This minimum measure only applies to post - construction controls created for new projects, not older, existing post - construction BMPs. Phase II jurisdictions could choose to include inspections of these post - construction BMPs in their program if they wish. New post - construction controls will 6-2 Chapter 6 — Post Construction Stormwater Management Program September 2003 be included in this program after they are subject to the plan review requirements described below in Section 6.3.4. Phase II jurisdictions do have responsibility for proper operation and maintenance of their own storm drain systems. This is addressed in Chapter 7, Good Housekeeping. 6.2 Benefits: Why this Program is Important Development alters the natural landscape by increasing impervious surfaces and introducing pollutants, which are then transported in stormwater runoff. These land use changes impact stormwater in primarily two ways: by increasing stormwater flows (quantity) and the pollutants available to be transported in stormwater runoff (quality). Increases in stormwater quantity can result in downstream flooding, streambank erosion, and decreases in infiltration or recharge of ground water. The impacts on water resources caused by increased impervious surfaces have been well documented, with a generally linear relationship between increased imperviousness and decreased water quality (Center for Watershed Protection, The Importance of Imperviousness, Watershed Protection Techniques, 1(3): 100 -111). Development also impacts water quality by introducing pollutant loads into stormwater runoff. Oils, grease, litter and toxic substances collect on impervious surfaces easing their entry into waters of the U.S. Studies in Washington have shown a direct correlation between total impervious area and instream aquatic habitat for salmonid species (C. May, E. Welch, R. Horner, J. Karr, and B. Mar. 1997. Quality Indices for Urbanization Effects in Puget Sound Lowland Streams. Water Resources Series Technical Report No. 154. Ecology Publication No. 98 -04). 6.3 Model Program for Post - Construction Stormwater Management The model post - construction program contains the following five main components, described below: • Ordinance requiring post - construction controls (6.3.1) • Develop a plan to address post - construction runoff (6.3.2) • Training for plan reviewers and field inspectors (6.3.3) • Site plan review for post - construction BMPs (6.3.4) • Inspections of structural post- construction BMPs (6.3.5) All the BMPs in this chapter, BMPs 6A — 6E, are required. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -3 6.3.1 Ordinance Requiring Post - Construction Controls Required BMP 6A: For permits or authorizations issued by the jurisdiction for construction operators disturbing at least one (1) acre, require through an ordinance the installation and proper maintenance of post - construction runoff controls in compliance with the Stormwater Management Manual for Eastern Washington or an equivalent manual. Jurisdictions may, at their discretion, require post development stormwater controls for smaller sites based on local conditions and needs. Measurable Goal: Adopt a final ordinance by the end of permit year 2. Combine the post - construction ordinance with the illicit discharge and construction ordinance, described in Chapters 4 and 5 respectively, into a single stormwater ordinance. An example of this type of ordinance is included in Appendix 4B. This ordinance largely requires local construction sites to comply with a local Stormwater Manual. After the ordinance is adopted by the end of permit year 2, plan on evaluating the effectiveness of this ordinance during years 3 through 5 of the permit and periodically thereafter. EPA only requires the ordinance to "address post - construction runoff from new development and redevelopment projects" but does not say specifically what the ordinance must include. The ordinance could be as simple as requiring post - construction runoff to be no greater than pre - construction runoff, as required in the city of Spokane's ordinance below. Ensure that the ordinance addresses post - construction runoff from new developments and redevelopment projects that disturb more than one acre. The term "redevelopment" should refer to alterations of a property that change the "footprint" of a site or building and is not intended to include such activities as exterior remodeling, which would not be expected to cause adverse stormwater quality impacts and offer no new opportunity for stormwater controls. (64 FR 68760) In addition to the stormwater ordinance cited in Appendix 4B, other ordinances in eastern Washington include specific requirements for post - construction controls. These ordinances are cited below. The Stormwater Management Manual for Eastern Washington provides the basic guidance on two of the requirements in the post- construction minimum measure: • Develop and implement strategies which include a combination of structural and/or non - structural best management practices (BMPs) appropriate for the community; and • Ensure adequate long -term operation and maintenance of BMPs. 6 -4 Chapter 6 — Post Construction Stormwater Management Program September 2003 Stormwater Management Manual for Eastern Washington The Stormwater Management Manual for Eastern Washington (Manual) provides the technical guidance to help municipalities implement this Model Program. The Manual provides commonly accepted stormwater management practices which if implemented are presumed to protect water quality. Cities and counties may develop alternative technical manuals but may need to demonstrate that alternative technical manuals and alternative stormwater management practices will protect water quality. The Manual consists of eight core elements that are applicable to new development and redevelopment projects in eastern Washington. The post- construction site stormwater runoff control measure will primarily be implemented through the requirement for a permanent stormwater control plan, which is part of a stormwater site plan (described in Chapter 3 of the Manual). This plan will include evaluation of source control, pre- treatment and flow control requirements for the site (described in Core Elements 3, 5 and 6 in Chapter 2). At the time of publication of this Model Program, the Stormwater Management Manual for Eastern Washington was still in final draft form. Ensure that you have the latest copy of the Manual when developing your stormwater program. 6.3.1.1 City of Spokane Stormwater Ordinance The city of Spokane requires new development stormwater controls in the Moran Prairie Area under the Moran Stormwater Controls Ordinance (11.09A.200). A copy of this ordinance is included in Appendix 6A. Specifically, this ordinance requires that: • "Volume and rate of surface runoff after new development shall be no greater than the runoff volume and rate leaving the site prior to development..." (11.09A.220(A)(5)); and • "Drainage plans submitted for development proposals shall comply with the City of Spokane Design Standards..." (11.09A.220(A)(7)) In addition, this ordinance allows the Director of Engineering Services to require drainage easements, and requires a designated entity to be "responsible for maintaining drainage easements." (11.09A.220(A)(8 & 9)) This ordinance also authorizes the Wastewater Director to intervene in emergencies or cases of non - responsiveness to perform the work; provides an appeal process; and allows the city to recoup its costs. 6.3.1.2 Spokane County Stormwater Ordinance Another local example of new development ordinances is found in Spokane County. The Glenrose /Central Park and North Spokane areas of the county have specific ordinances to address flooding and post - September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -5 construction runoff concerns. The Glenrose /Central Park ordinance requires "the volume of surface runoff from new development sites shall be restricted to the existing volume leaving the sites prior to development..." for high risk drainage problem areas. 6.3.1.3 City of Pasco Impervious Surfaces Ordinance A third example of a local ordinance is from the city of Pasco (Appendix 6B) which requires a building permit for the installation of any impervious surface improvements, except for single family residences and impervious surfaces covering less than 1,000 square feet. The ordinance requires the site to be "designed to drain, confine, and/or impound stormwater or site - generated water within the private property upon which the improvement is to be located" (Chapter 16.05). 6.3.2 Develop a Plan to Address Post - Construction Runoff Required BMP 6B: Develop a plan to address post - construction stormwater runoff during the plan review, construction inspection, and post - construction maintenance inspection process. Measurable Goal: Develop and adopt a plan by the end of permit year 5. To develop a plan to address post - construction stormwater runoff, consider the key water quality and water quantity issues in your area. Incorporate existing flood management and stormwater planning strategies into the post - construction plan. Also, evaluate the existing plan review process to identify opportunities to integrate post - construction controls. For example, new developments under plan review provide an opportunity to reduce impervious surfaces or incorporate swales, drywells or other BMPs. Where water quality impairments have been identified by Ecology within the jurisdiction, include strategies or BMPs in the post - construction plan targeted to reducing those pollutants. Comprehensive Planning/Growth Management Cities and counties under the Growth Management Act must ensure that any revisions to their comprehensive plan and development regulations include considerations for post - construction runoff. An example of this is found in Spokane County's Comprehensive Plan. The water quality section within the Land Use Element includes the following objective (10.1.n) "minimize the amount of pollution caused by stormwater runoff" with the following decision guideline "where increased stormwater runoff potential exists due to a proposed development, runoff management procedures should be a condition of approval." 6 -6 Chapter 6 — Post Construction Stormwater Management Program September 2003 6.3.3 Training for Plan Reviewers and Field Inspectors Required BMP 6C: Provide training or coordinate with existing training efforts to educate construction plan reviewers and field inspectors on post - construction runoff control BMPs and maintenance standards. Measurable Goal: Hire and train plan reviewers and inspectors by the end of permit year 5, and retrain annually thereafter. Coordinate post - construction training for plan reviewers and field inspectors with BMP 5B, training for erosion and sediment control. Potential sources for this training include the Center for Watershed Protection (http: / /www.cwp.org) or the NEMO Project — Nonpoint Education for Municipal Officials ( http : / /nemo.uconn.edu/index.htm). 6.3.4 Site Plan Review for Post - Construction BMPs Required BMP 6D: In accordance with the plan developed in BMP 6B, review stormwater site plans prior to construction to ensure that they include post - construction controls in compliance with local ordinances and the Stormwater Management Manual for Eastern Washington or an equivalent manual. Require submittal of information pertaining to the proper operation and maintenance of storm drain components and BMPs. Measurable Goal: Review all site plans subject to the local ordinance by the end of permit year 5. The site plan review process, for both erosion and sediment control practices and post - construction control practices, is described in Section 6.3.4. Conduct both of these reviews at the same time to ensure that plans include all the practices necessary to meet the Stormwater Management Manual for Eastern Washington. 6.3.5 Inspections of Structural Post - Construction BMPs Required BMP 6E: In accordance with the plan developed in BMP 6B, inspect priority structural post - construction BMPs for compliance with operation and maintenance (O &M) standards. Measurable Goal: Inspect structural post - construction BMPs based on a frequency developed by the local jurisdiction as required to protect water quality. Develop a program to ensure the long -term O &M of structural stormwater BMPs. This requirement only applies to new BMPs installed as part of new construction; existing BMPs installed prior to the effective date of the Phase II permit are not specifically addressed. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -7 The post - construction O &M program includes the following components: • Requirements for private property owners to maintain facilities • Database of structural BMPs • Inspection procedures, including a schedule for conducting inspections, and • Inspection form The Stormwater Management Manual for Eastern Washington contains additional information on BMP maintenance procedures. 6.3.5.1 Requirements for Private Property Owners to Maintain Facilities Require all new stormwater detention/retention practices and stormwater quality devices to be maintained by the property owner. This can be accomplished by including a maintenance requirement in the local ordinance. In addition, residential owners could be required to sign a maintenance agreement before final permits are issued. This agreement could require the property owners to submit annual forms certifying that an inspection and any necessary maintenance have been completed. An example of a residential agreement to maintain stormwater management facilities is included in Appendix 6C (from city of Olympia, WA). 6.3.5.2 Database of Structural BMPs To track the number and location of structural BMPs that the jurisdiction needs to inspect, develop a database. This database needs only to track new structural BMPs installed after the Phase II permit is issued, however, existing BMPs may also be tracked if considered a priority. Suggested fields to consider in the development of a structural BMP database include: • Property owner name and address • Structural BMP • BMP size • Date of Last inspection by jurisdiction • Compliance Status, and • Notes 6.3.5.3 Inspection Procedures, Including a Schedule for Conducting Inspections Not all structural BMPs need to be inspected. A subset of high priority BMPs could be inspected based on: • The type of BMP (e.g., detention ponds, dry wells, and commercial stormwater device) 6_8 Chapter 6 — Post Construction Stormwater Management Program September 2003 • The size of the BMP (e.g., ponds holding more than 1 acre -feet) • The location of the BMP (e.g., near sensitive waters), and/or • Past maintenance problems Additional inspections could occur at random and by responding to complaints. Base the inspection maintenance standards on the BMP maintenance requirements in the Stormwater Management Manual for Eastern Washington, or an equivalent manual. 6.3.5.4 Inspection Form Inspectors must document the condition of BMPs and any maintenance requirements on a standard form. A simple new development inspection form for this purpose is included in Appendix 6D. A more specific new development inspection form could be created for individual types of BMPs, such as ponds or proprietary stormwater devices. 6.4 Resources This section includes resources and references for additional information to assist Phase II cities and counties in developing and implementing the Model Program. Puget Sound LID pages http: / /www.wa.gov /puget sound/Programs/LID.htm EPA's Menu of BMPs for stormwater Phase II http://www.epa.gov/npdes/menuofbmps/post.htm Stormwater Management Manual for Western Washington http://www.ecv.wa.gov/programs/wq/stormwater/manual.html Stormwater Management Manual for Eastern Washington http: / /www.ecy.wa.gov /programs /wq /stormwater /eastern manual Appendices Appendix 6A — City of Spokane Ordinance for Stormwater Facility Inspections and Maintenance Appendix 6B — Pasco Impervious Surfaces Ordinance Appendix 6C — Olympia Maintenance Agreement Appendix 6D — New Development Inspection Form September 2003 Chapter 6 — Post Construction Stormwater Management Program 6 -9 • Appendix 6A - City of Spokane Ordinance for Stormwater Facility Inspections and Maintenance City of Spokane Ordinance for inspection of new stormwater runoff facilities and enforcing maintenance standards. Article I General Provisions. Listing 11.09A.010 Definitions. Listing 11.09A.020 Findings. Listing 11.09A.030 Nuisance declared; remedy; no duty. Listing 11.09A.040 Standards. Listing 11.09A.050 Duties of Property Owners; Others; Private Rights Reserved. Listing 11.09A.060 Plats; Permits. Listing 11.09A.070 Implementation. Listing 11.09A.080 Notice of Inquiry. Listing 11.09A.090 Departmental Hearing. Listing 11.09A.100 Appeal. Listing 11.09A.110 Provisions Optional; Exhaustion. Listing 11.09A.120 Stop Work; Penalty. Article I General Provisions Listing 11.09A.010 Definitions. The following definitions apply to this chapter, except as may be modified or supplemented in specific sections: A. "Development" is any land use activity permitted or approved under a municipal regulator process. There are two classes of developments: "commercial" and "residential ". "Residential" •development is a development designed for single family or duplex type residential use. "Commercial" development is a development other than residential. • • B. "Onsite stormwater facilities ", also sometimes referenced as "onsite stormwater control facilties ", are physical improvements or design characteristics on a premises with a function, as recognized by the Director of Engineering Services, to control, prevent, diminish, dissipate, treat, deflect, or slow down the rate and/or volume of stormwater runoff or flows entering the public right of way, the public sanitary or storm sewer system, or to reduce flooding and erosion on public or private property. Examples are catch basins, pipes, ponds, impoundments, inlets and drains, September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 1 as well as biotic or landscaping components such as grassy swales, drainage areas, easements, or other kinds of onsite drainage systems. C. " Stormwater" is any runoff flow occurring during or following any form of natural precipitation, and resulting from such precipitation, including snowmelt. "Stormwater" further includes any locally accumulating ground or surface waters, even if not directly associated with natural precipitation events, where such waters contribute or have a potential to contribute to runoff onto the public IigIIt of way, public storm or sanitary sewers, or flooding or erosion on public or private property, in the judgment of the Director of Engineering Services. 11.09A.020 Findings. The City Council finds and declares: 1. That effective stormwater management is a necessary component to maintain a healthful and safe environment for the general public, to reduce flooding and erosion on public and private lands, and to facilitate compliance with environmental laws relating to water quality and water pollution; 2. That reduction of stormwater runoff and flow loads into public storm and sanitary sewer systems is in the public interest and has a positive environmental value. Likewise, reduction of stormwater flows onto the public right of way and public lands reduces pollution and contamination from stormwater runoff, and enhances the safe and efficient use of the public right of way for public travel and emergency use access and the se of public lands for intended purposes; 3. That it is in the public interest to develop and enforce effective requirements for stormwater management through onsite stormwater facilities. Such a policy develops a solution to stormwater problems at the earliest stage, reduces the public costs of stormwater management, and encourages premises and local areas to participate in responding to stormwater management needs at the initial stages of the problem. 4. That onsite stormwater facilities should be installed and kept in good maintenance, repair and operational effectiveness as an essential part of a stormwater management program in the public interest. 11.09A.030 Nuisance declared; remedy; no duty. A. The City Council declares that failure of an owner or occupant to install a required onsite stormwater facility, or maintain the same at a level of full function and efficiency tends to augment the discharge of stormwater, surface or ground water flows onto the public right of way and other public or private property, as well as into public storm and sanitary sewers. Such discharge contributes to flooding, erosion, water quality impairment and other problems as set forth in the findings in this chapter. Such failure comprises a public nuisance. 6A - 2 Chapter 6 — Post Construction Stormwater Management Program September 2003 B. The City Council declares that obstruction of or interference with the full and efficient functioning of any onsite stormwater facility on public or private property, whether by failure, neglect, or affirmative or intentional action, comprises a public nuisance. C. Such public nuisances may be abated by the city as an expense of providing sewer utility service to the premises concerned, in addition to any other remedy available in contract or law. D. Notwithstanding any other provision of this chapter, no special duty to any particular person or class of persons shall ever be deemed created by this chapter or actions taken pursuant thereto on the part of the city. Any such direct or indirect duty nonetheless determined to arise shall be only to the general public. 11.09A.040 Standards A. The Director of Engineering Services determines stormwater control design standards and regulations (also referenced as "standards "), including those for onsite stormwater facilities, and determines their applicability to particular areas of the City of Spokane, plats and premises, in the exercise of sound discretion, considering the legislative fmdings of this chapter. The director may similarly modify or exempt a particular premises from such requirements for good cause shown, but such action always remains revocable. B. Standards references. Applicable standards enforced under this chapter are shown in the following references. These are general requirements, and may be modified or supplemented in other specific sections. 1. Standard Specifications of the Washington State Department of Transportation, latest edition on file with the Director of Engineering Services; 2. Supplemental Specifications of the City of Spokane, latest edition on file with the Director of Engineering Services; 3. City of Spokane Design Standards and Standard Plans, latest edition on file with the Director of Engineering Services. C. The general references are periodically republished. Between a general republication of the standards references, the Director of Engineering Services revise a standard for general purposes by publishing said modification once in the Official Gazette. The director also maintains a distribution list of parties requesting such updates. Unless otherwise ordered, the changes are effective 30 calendar days from the date of the Gazette issue in which they are published. 11.09A.050 Duties of Property Owners; Others; Private Rights Reserved A. Every owner and occupant of premises must install, maintain, and keep in good function and order any onsite stormwater facility in accord with applicable requirements. Such requirements may be reflected as conditions September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 3 of land use or property development in plats, building or special use permits, or other permits, or may be imposed as a consequence of other regulatory action, including code enforcement or nuisance abatement. B. No party shall obstruct or interfere with the full and efficient function of any onsite stormwater facility. C. Enforcement action taken under this chapter does not affect a right of a party to seek subrogation or further recovery against any other parties determined to be responsible. 11.09A.060 Plats; Permits Where deemed appropriate, the Director of Engineering Services may include or request inclusion of provision for stormwater facilities in plat as well as by recorded notice on the property title as a condition of issuance of a building permit or other permit, but no duty on the part of the City is created hereby. Such language may include the following provisions: 1. With respect to any increased stormwater flows accruing as a result of any development, each property owner, on its own behalf and the behalf of its successors in interest, fully accepts without reservation, the obligation to obstruct and artificially contain and collect all natural or artificially generated or enhanced drainage flows across or upon said owner's property. The purpose of this requirement is to avoid causing or potentially contributing to flooding, erosion, or stormwater loads on other private or public properties and the public sewer system. 2. A property owner shall, by recorded notice on title, in a form approved by the City Attorney, state its understanding and awareness, on its own behalf and the behalf of its successors in interest, of conditions relating to stormwater controls, including drainage easements on the respective lots as well as any requirements for onsite stormwater control facilities, as may be referenced in Ch. 11.09A of the Spokane Municipal Code and as adopted and on file with the City of Spokane Director of Engineering Services. 3. Property owner, on its own behalf and the behalf of its successors in interest, acknowledges and agrees that no building permit shall be issued for any lot in this plat until evidence satisfactory to the City of Spokane Director of Engineering Services has been provided showing that the recommendations of the "Spokane Aquifer 208 Study" and applicable onsite stormwater facilities requirements have been satisfied. Drainage easements as shown on said plat or permit and on the street plans on file with the office of the Director of Engineering Services are hereby granted. 4. Each property owner, on its own behalf and the behalf of its successors in interest, acknowledges and accepts full responsibility to maintain drainage facilities within all drainage easements, and to maintain and protect any onsite stormwater control facilities. Under no 6A - 4 Chapter 6 — Post Construction Stormwater Management Program September 2003 circumstances does the City of Spokane, its officers or agents, accept any responsibility to maintain onsite stormwater control facilities, drainage courses or drainage pipes on private lots within this development or otherwise within drainage easements or flood plain areas, 5. The City of Spokane is not a guarantor of public improvements with respect to protection of property from flooding or damage from stormwater, excessive ground water levels, soil erosion, movement, or related risks. Property owners, acting on their own behalf and the behalf of their successors in interest and assigns, forever waive any claim for loss, liability, or damage to people or property because of stormwater or drainage problems and related risks against any governmental entity arising from platting or permit approvals, or the construction and maintenance of public facilities and public property within the plat or subdivision. This waiver is intended to include application to the City of Spokane, its officers and agents, and includes any claims for loss or for damage to lands or property adjacent to or otherwise affected by any street or public way or easement by the established construction, design and maintenance of said streets or public ways or easements, including the construction, drainage and maintenance of said streets, not by way of limitation. Property owners, on their own behalf and the behalf of their successors and assigns, further stipulate and agree that this waiver decreases property value in an amount at least equal to $1.00 or more and intend and agree that it run with the land. 6. (Where applicable) Property owner, on its own behalf and the behalf of its successors in interest, acknowledges its property to be in a High Risk Drainage Problem Area, as identified by the City of Spokane Director of Engineering Services, and waives claims against the City from flooding, erosion or other drainage problems to said lots. This specifically includes, but is not limited to, claims for deficient design, installation, construction or maintenance of drainage courses in drainage easements on private property or failure to maintain onsite stormwater control facilities. 11.09A.070 Implementation A. The Director of Engineering Services has overall enforcement authority for this chapter. Specific functions are also delegated to other named officials. A named official may function through a designee. In performing functions under this chapter, public officials shall be guided by section 11.09A.020. B. The Engineering Services Department specifically enforces stormwater design standards and other applicable specifications relating to design and installation of onsite stormwater facilities for commercial developments, where applicable. Issuance of any permit or approval for commercial developments is conditioned upon certification by a civil engineer licensed September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 5 by the State of Washington of the following statements under penalty of perjury on such forms as may be supplied by the department: 1. That the engineer is familiar with all current City of Spokane onsite stormwater facility requirements; 2. That the engineer has personally inspected onsite stormwater facility requirements applicable to the pending development; and J. That the development meets or exceeds all applicable municipal requirements relating to onsite stormwater facilities and applicable stormwater and drainage control, as designed, installed, and functioning. 4. In lieu of such certification, the director may require an inspection for stormwater by municipal staff, services billed at an hourly rate of $50.00/hour, with a minimum charge of $100.00,-anticipating two inspections will be needed. C. The Building Department enforces stormwater design standards and other applicable specifications for residential development. In addition to other applicable fees, a building permit applicant for residential development must pay a stormwater inspection fee of $50.00, with a minimum charge of $100.00, anticipating two inspections will be needed. D. The Wastewater Management Department enforces maintenance requirements for onsite stormwater facilities after installation and determines any questions relating to proper functional level and efficiency of said facilities. Said department develops a record of onsite stormwater facilities locations and takes any enforcement action needed to keep them fully and efficiently functioning. Said department reviews plans or design specifications on file or otherwise accessible to determine the nature and extent of onsite stormwater facility requirements applicable to any specific premises, and may conduct further inquiry and/or site inspections as deemed necessary to enforce said requirements and this chapter. 11.09A.080 Notice of Inquiry A. Whenever there is reason to believe a violation of this chapter has occurred, a written notice of inquiry is prepared by the enforcing department and sent to any known owner or owner's agent, as well as to the occupants of the premises concerned. If a party not an owner or occupant is believed to be obstructing or interfering with an onsite stormwater facility, notice may be given to said party also. Additionally, the notice is sent to the regular billing address for the premises if municipal utility services are furnished and the billing address is different from the address where notice is otherwise being sent. B. The notice includes the following information: 1. the date of the notice, which is when the notice is mailed or sent; 2. a general description of the onsite stormwater facility; 6A - 6 Chapter 6 — Post Construction Stormwater Management Program September 2003 3. the address of the premises where located and utility billing address for the premises, if different; 4. the basis for the inquiry or belief that there is a violation; 5. the date, time, office and place for the hearing, and information to contact the hearing official. 6. advising that any interested person come to the hearing and/or file a response with supporting materials, where to file such information, and a deadline for filing such items; and 7. advising that the purpose of the hearing is to determine whether there is a violation of this chapter and that as a result of the hearing, an order may be issued directing the violation be corrected, and that if satisfactory action does not occur, the city may thereafter correct the problem and costs thereof may be added to the utility bill for the premises concerned. 11.09A.090 Departmental Hearing A. The designated depat tmental director in Section 11.09A.070 B, C, or D conducts the hearing not less than ten (10) calendar days from the date of the notice unless said official determines a shorter time is necessary because of exigent circumstances, or on mutual consent by the parties concerned. Time extensions are granted by said official, with notice to parties previously identified. B. The director enters an appropriate order from the results of the hearing, and makes fmdings, including: 1. A determination whether or not there is a violation and any specific problems noted. 2. The corrective action necessary and a schedule for correction of any violation. 3. An estimate of the cost of corrective action by the city if the schedule is not met, but such estimate does not preclude the city from recovering actual costs if greater, if the city is thereafter obliged to correct the problem; and 4. A statement that in absence of correction of a violation determined within the time stated that the deficiencies will be corrected by the City of Spokane, and the cost thereof be added to the regular utility bill for said premises and/or other effort to collect the amounts expended be made in addition thereto. 5. A statement of a right of appeal to the City Hearings Examiner as provided hereafter under section 10.09A.100A. 11.09A.100 Appeal A. An interested party may appeal an order made under Section 11.09A.090 to the City Hearings Examiner by filing written notice of September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 7 appeal, together with a statement of reasons therefore and any supporting materials, within ten (10) calendar days of the issuance of the decision of the designated officer. A copy of the appeal documents shall also be served on the officer issuing the appealed decision. B. Within fifteen (15) calendar days of receiving a notice of appeal, the Hearings Examiner sets a date and time for the hearing that shall not be more than forty five (45) calendar days from the date of the appeal. The Examiner conducts the hearing and issues a written decision. The Examiner's decision is fmal. 11.09A.110 Provisions Optional; Exhaustion The provisions respecting hearings and appeals are optional and do not prevent contact by the enforcing officials with affected persons to achieve informal resolution of problems subject to this chapter. Such provisions are supplemental and in addition to any other applicable remedies in contract or law, but in the event the complaint and hearings process procedures are initiated, any notified party thereunder shall be required to exhaust administrative remedies as a condition to pursue further appeals or proceedings. 11.09A.120 Stop Work; Penalty A. Whenever any work is being performed contrary to the provisions of this chapter, the Director of Engineering Services, Building Director, or Director of Wastewater Management may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and posted at the site, and any such persons shall forthwith stop such work until authorized by the enforcing official to proceed with the work. B. Civil penalties for violation of the Chapter are as follows: 1. first time violation: $100.00 2. second time violation: $250.00 3. third time violation and thereafter: $500.00 C. Unless an urgency is declared by the enforcing official, and except for a stop work order which is immediately effective, a twenty (20) day grace period is allowed for first time violators before a penalty is imposed. Thereafter, each week of a continuing violation may be deemed a new and separate violation. All civil penalties stated herein are in addition to other sanctions and costs of correction. Article II Moran Stormwater Controls Ordinance. 11.09A.200 Applicability. Article II applies to the Moran Prairie Area, described as follows: [see Appendix A attached] 6A - 8 Chapter 6 — Post Construction Stormwater Management Program September 2003 A map of said area is further attached as Appendix B (map on file in Office of the City Clerk). In case of conflict or ambiguity, the written description shall govern. 11.09A.210 Purpose; Findings A. The purpose of this Article II is to reduce the incidence of flooding and erosion problems for both existing and future development in the Moran Prairie Area within the City of Spokane. B. The City Council finds that development largely replaces natural vegetation and exposed soil with impervious surfaces and lawn that generate additional stormwater runoff during rainstorms or when snow melts, and similar ground water associated flooding problems, particularly within the Moran Prairie Area. Stormwater collection systems concentrate this flow and infiltration systems speed the movement of surface runoff down to ground water levels. Additional runoff resulting from development can increase flows in existing channels, create new flows, increase or cause ponding in low areas, and raise ground water levels. Flooding of new and existing structures, water over roadways, saturated soils, and increased erosion can result from post - development surface runoff and ground water levels. 11.09A.220 Requirements A. Runoff and Infiltration Controls. 1. The Runoff and Infiltration Controls below pertain to stormwater disposal and are intended to prevent the deterioration of existing flooding and erosion problems in the Moran Prairie Area. 2. Street and alley paving projects within the applicable area and funded by Local Improvement Districts are exempt from the controls in this Article II. 3. Unless otherwise waived by the Director of Engineering Services, drainage plans shall be prepared and submitted for review and approval for all proposed plats and land disturbing activities prior to issuance of any permits for site disturbance, including but not limited to grading permits and building permits. Evaluation of a waiver request will consider elements of the proposed project including, but not limited to: a. soil characteristics and depth b. number of lots c. infill development d. percent impervious area e. pass - through drainage f. history and trends of runoff - related problems September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 9 4. No land disturbing activities will be allowed on any property until all final grading, erosion sediment control, and bonding requirements have been accepted by the Director of Engineering Services. 5. The volume and rate of surface water runoff after new development shall be no greater than the runoff volume and rate leaving the site prior to development, unless the Director of Engineering Services approves the discharge of additional runoff based on a comprehensive drainage pio 6. Drainage plans for development proposals shall not rely on infiltration (e.g., swales, drywells, galleries, or unlined ponds) to accommodate the additional runoff resulting from the proposed development. 7. Drainage plans submitted for development proposals shall comply with the City of Spokane Design Standards, as approved by and on file with the Director of Engineering Services, in the design of onsite stormwater facilities, including any limitations applicable to the Moran Prairie Area, used to accommodate runoff from the proposals. 8. The Director of Engineering Services may require that drainage easements be reserved for the conveyance and/or disposal of stormwater flows. The development sponsor's architect or engineer shall perform the analyses required and the appropriate size of drainage easements shall be indicated in the comprehensive drainage plan. Drainage easements shall constitute a deed restriction and title notification of the easement shall be made to subsequent owners of the affected property. 9. The developer, property owner, or other responsible designated entity acceptable to the Director of Engineering Services (e.g., a homeowners association) shall be responsible for maintaining drainage easements. The developer shall provide a perpetual maintenance plan, including funding mechanisms, for such drainage easements acceptable to the Director of Engineering Services. 10. New plats shall expressly identify parcels of land devoted to the conveyance and/or disposal of stormwater flows. B. Sublevel Construction Controls. 1. The Sublevel Construction Controls below pertain to design and construction and are intended to reduce the possibility that a new structure will experience flooding from surface runoff or high ground water. 2. The Moran Prairie Area as designated in 11.09A.200 is hereby designated a High Risk Drainage Problem Area [cross reference Spokane County Resolution No. 0 -01610 (6/00), said resolution as on file with the Director of Engineering Services.] The requirements set forth hereafter shall also apply. 6A - 10 Chapter 6 — Post Construction Stormwater Management Program September 2003 3. The lowest fmished or unfinished floor level of any structure, or addition thereto, shall be elevated a minimum of 12 inches above the highest elevation of Finished Grade. For the purposes of this Section, "Finished Grade" is defined as the elevation of an imaginary line located a distance of five (5) feet from the perimeter of the foundation of the structure. The structure shall meet all requirements of the Uniform Building Code, as adopted by the City of Spokane, for drainage and slope setback. Basements, other floor levels, garages, useable or habitable space, or space with appliances or equipment, located below this floor level and that are also lower than twelve (12) inches above the highest elevation of Finished Grade, shall be hereinafter referred to as sublevel structures and will not be permitted unless the following steps are taken: a. Site - specific geotechnical analysis shall be performed by a civil engineer currently licensed in the State of Washington qualified in geotechnical engineering. The geotechnical engineer shall consider readily available subsurface information on file at the City of Spokane and Spokane County for surrounding properties in the evaluation of the feasibility of the construction of sublevel structures. b. Sublevel structures shall be designed by an architect registered with the State of Washington or a civil engineer licensed to practice in the State of Washington ( "design professional "), to prevent the intrusion of surface water and ground water. The design shall include current standards of practice and technology (e.g., sub - surface drains, sealant, and positive drainage away from the structure), and the recommendations of the geotechnical engineer. The design professional or his/her designee shall conduct an inspection and certify on a form provided by the City that the sublevel construction conforms to the design. c. The property owner shall prepare and file with the County Auditor a notice to be placed on the title of the property. The notice shall include the legal description, tax parcel number, and address of the property. The notice shall take the form of a signed affidavit under penalty of perjury by the property owner on a form supplied by the Director of Engineering Services, and shall include the following statements and certifications: i. Property owner, on his/her /its own behalf and the behalf of all successors and assigns, acknowledges and understands that the property is in a High Risk Drainage Area, as identified by the City of Spokane Director of Engineering Services, and a potentially high ground water problem area; and ii. Property owner verifies that he /she /it is familiar with City of Spokane stormwater and ground water construction and design standards for the Moran Prairie Area, and verifies that all September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 11 requirements to prevent water from entering sublevel areas and other requirements relating to flooding and ground water problems have been satisfied, and referring the reader for further information in connection with applicable requirements to the City of Spokane Engineering Services Department applicable file for said development (specifying the file no. ) iii. The notice shall further include the following statement: "Property owner understands that the premises are in a High Risk Drainage Problem area, as identified by the City of Spokane Director of Engineering Services, where disposal or management of storm, surface and subsurface waters, during natural precipitation events and other times may accumulate and cause flooding, erosion and other damages to the premises, basements or other subsurface installations and other structures. No assurances have been given by any governmental agency including the City of Spokane of the suitability of building or use of said property for any purpose, considering the high risk involved, or the reliability of storm or flood control measures now or hereafter adopted by the City of Spokane. Said measures may be subject to change and the City expressly undertakes no duty or obligation to said premises or property relating to storm, surface or subsurface waters or ground saturation, the owner understanding use and occupancy of the premises are at said owner's sole and exclusive risk. Owner further covenants and agrees, on its own behalf and its heirs and assigns, to notify any occupant of said premises of the high risk drainage problem and to hold the City, its officers and employees harmless from any claim for loss or liability arising out of flooding, drainage or surface or subsurface water problems." d. Evidence of recording is required for issuance of a building permit on the property, to include a sublevel structure as designed under Spokane Municipal Code section 11.09A.220 subsection 4.B herein. The City of Spokane Engineering Services Department shall prepare and make available forms to be used by a property owner to assist in meeting the responsibilities of this section. These requirements are supplemental and in addition to any other applicable laws and regulations. Section 2. That SMC 13.03.1137 be amended to read as follows: 13.03.1137 Stormwater Charge A. All premises within the City's Storm sewer service area shall pay a storm sewer user or stormwater charge. The stormwater charge is computed based upon classification of the account or premises served as 6A - 12 Chapter 6 — Post Construction Stormwater Management Program September 2003 domestic or commercial. The minimum charge is at least one Domestic User charge for all accounts, notwithstanding any other provision. The storm sewer user charge is calculated by the Director for storm sewer service to all premises in accord with Appendix C. B. For those subject to a commercial charge, the Director shall grant a ten percent discount upon application by the customer, and a showing of approved onsite stormwater detention facility. Such facilities may include drywells, detention ponds, grassy swales, and the like. An additional ten percent discount shall be granted to those qualifying under the first discount category, who also apply therefore and demonstrate approved onsite stormwater treatment practices, such as grassy swales. C. To obtain a discount under subsection B, a customer must file a completed written application therefore on forms approved by the Director and pay a $35 inspection fee. The inspection certification approving discount eligibility is good for one year. The Director administers this program with such additional rules as he /she shall provide, and may assess additional charges for administrative costs not encompassed herein. D. Notwithstanding other provisions of this section, any premises determined to be in violation by the director of wastewater management of any requirements of Ch. 11.09.A SMC is ineligible for any stormwater charge rate discount. Section 4. Effective Date. This ordinance takes effect forty five (45) days after final approval through the legislative process. Passed by the City Council May 21, 2001. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6A - 13 Appendix 6B - Pasco Impervious Surfaces Ordinance From: http: / /www.ci.pasco.wa.us /pmc /Title 1 6.html Downloaded on January 21, 2002 TITLE 16 - BUILDINGS AND CONSTRUCTION CHAPTER 16.05 - IMPERVIOUS SURFACES Sections: 16.05.010 Purpose. 16.05.020 Impervious surfaces defined. 16.05.030 Permit required. 16.05.040 Exemptions. 16.05.050 Drainage requirements. 16.05.010 PURPOSE. The purpose of this chapter is to protect the public health, safety and general welfare of the citizens of the City of Pasco by regulating the surface drainage of private properties within the City through the use of a permit system. (Ord. 2465 Sec. 1 (part), 1983.) 16.05.020 IMPERVIOUS SURFACES DEFINED. For the purpose of this chapter, "impervious surfaces" shall mean any asphalt concrete, cement concrete, or other substance rolled, layed, poured, or otherwise installed to create a layer of material upon the ground which does not absorb water or through which water cannot drain into the underlying ground. (Ord. 3316 Sec. 4, 1998; Ord. 2465 Sec. 1 (part), 1983.) 6.05.030 PERMIT REQUIRED. It is unlawful for any person to install any impervious surface improvement upon private property within the City of Pasco without first obtaining a building permit authorizing such improvement from the Building Inspector, except as provided in Section 16.05.040 or as may be otherwise provided for within the Pasco Municipal Code. Application for such permits shall be made on forms supplied by the Community Development Department, shall include a site sketch depicting proposed direction of surface drainage and location of components or methods to be used to drain the impervious surface. (Ord. 2465 Sec. 1 (part), 1983). 16.05.040 EXEMPTIONS. The provisions of this chapter shall not apply to impervious surfaces in either of the following instances: (1) To be installed in conjunction with a new or existing single - family residence. (2) The combined total of surface area, existing and proposed, will cover less than one thousand square feet. (Ord. 2465 Sec. 1 (part), 1983). 16.05.050 DRAINAGE REQUIREMENTS. An impervious surface improvement shall be designed to drain, confine and/or impound stormwater or site - generated water within the private property upon which the improvement is to be located. The Building Inspector shall determine the adequacy of all plans and methods for the drainage or proposed impervious surface improvements. (Ord. 2465 Sec. 1 (part), 1983). September 2003 Chapter 6 — Post Construction Stormwater Management Program 68 - 1 Appendix 6C - Olympia Maintenance Agreement AGREEMENT TO MAINTAIN STORMWA'I'ER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN THE CITY OF OLYMPIA AND , AND ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER ") (CORPORATE) The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources in the City of Olympia. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. The authority to require maintenance and pollution source control is provided in City Ordinance 5123 and in Development Policy 13009, "Maintenance Required for Private Stormwater Drainage Systems." Legal Description Whereas, Owner has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to further the goals of the City to ensure the protection and enhancement of Olympia's water resources, the City and Owner hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. Owner Shall (1) Implement the stormwater facility maintenance program included herein as Attachment "A ". (2) Implement the pollution source control program included herein as Attachment `B ". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by City staff at Owner's business during normal business hours. The log book shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow -on actions recommended. Maintenance items ( "problems ") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. Owner is encouraged to photocopy the individual checklists in Attachment A and use them to complete its monthly inspections. These completed checklists would then, in combination, comprise the monthly log book. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6C - 1 (4) Submit an annual report to the City regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone number of the business, the person, or the firm responsible for plan implementation, and the person completing the report. (b) Time period covered by the report. (c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties not affiliated with Owner, include a copy of the invoice for services. (d) An outline of planned activities for the next year. The City of Olympia Shall (1) Provide technical assistance to Owner in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as City time and resources permit, at no charge to Owner. (2 the a d t r (i) Review ie annual report auu conduct a minimum of one (1) site visit per year to discuss performance and problems with Owner. (3) Review this agreement with Owner and modify it as necessary at least once every three (3) years. Remedies (1) if the City determines that maintenance or repair work is required to be done to the stormwater facility existing on the Owner property, the Director of the Department of Public Works shall give the owner of the property within which the drainage facility is located, and the person or agent in control of said property, notice of the specific maintenance and/or repair required. The Director shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Director, written notice will be sent to the persons who were given notice stating the City's intention to perform such maintenance and bill the owner for all incurred expenses. The City may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not performed. 6C - 2 Chapter 6 — Post Construction Stormwater Management Program September 2003 (2) If at any time the City determines that the existing system creates any imminent threat to public health or welfare, the Director may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. (3) The owner grants unrestricted authority to the City for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the City within 30 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the City will be borne by the parties responsible for said reimbursements. (5) The owner hereby grants to the City a lien against the above - described property in an amount equal to the cost incurred by the City to perform the maintenance or repair work described herein. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the City. It shall run with the land and be binding on all parties having or acquiring from Owner or their successors any right, title, or interest in the property or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the City. September 2003 Chapter 6 — Post Construction Stormwater Management Program 6C - 3 Appendix 6D - New Development Inspection Form Project: BMP: Location: Installation Maintenance Date Installed: Inspected by: Date Maintenance If no, correction Inspected: Satisfactory? action needed Date Inspected: 1) _ Yes No Inspected by: 2) _ Yes _ No Installation satisfactory? 3) _ Yes No _Yes_No If No, Corrective Actions 4) Yes No Needed: 5) Yes No September 2003 Chapter 6 — Post Construction Stormwater Management Program 6D - 1 . Table of Contents Chapter 7 - Pollution Prevention/Good Housekeeping Program 7 -1 7.1 Requirements 7 -1 7.2 Benefits: Why this Program Is Important 7 -2 7.3 Model Program for Pollution Prevention/Good Housekeeping 7 -3 7.3.1 Operation and Maintenance (O &M) Plan 7 -3 7.3.2 Park and Open Space Maintenance 7 -6 7.3.3 Vehicle and Equipment Washing 7 -8 7.3.4 New Construction and Land Disturbances 7 -9 7.3.5 Dust Control Practices 7 -9 7.3.6 Stormwater System Maintenance 7 -9 7.3.7 Employee Training on O &M Plan Implementation 7 -13 7.3.8 Stormwater Plans for Municipal Facilities 7 -13 7.4 Resources 7 -15 Appendices 7 -15 Appendix 7A — Visual Inspection Form for Outfalls 7A -1 Seotember 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -i Chapter 7 - Pollution Prevention /Good Housekeeping Program 7.1 Requirements The Stormwater Phase II Final Rule, published in December 1999, lists the following information as the regulatory requirements for pollution prevention/good housekeeping for municipal operations. This Model Program is intended to meet the EPA regulations and form the primary basis for complying with the Phase II general permit that the Depai tment of Ecology will issue to eastern Washington cities and counties. The following guidance section from the Phase II Rule provides additional details on the preceding regulations. Regulations 40 CFR 122.34(b)(6) Pollution prevention/good housekeeping for municipal operations. (i) You must develop and implement an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff from municipal operations. Using training materials that are available from EPA, your State, Tribe, or other organizations, your program must include employee training to prevent and reduce stormwater pollution from activities such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. Guidance 40 CFR 122.34(b)(6) Pollution prevention/good housekeeping for municipal operations EPA recommends that, at a minimum, you consider the following in developing your program: • Maintenance activities, maintenance schedules, and long -term inspection procedures for structural and non - structural stormwater controls to reduce floatables and other pollutants discharged from your separate storm sewers; • Controls for reducing or eliminating the discharge of pollutants from streets, roads, highways, municipal parking lots, maintenance and storage yards, fleet or maintenance shops with outdoor storage areas, salt/sand storage locations and snow disposal areas operated by you, and waste transfer stations; • Procedures for properly disposing of waste removed from the separate storm sewers and areas listed above (such as dredge spoil, accumulated sediments, floatables, and other debris); and September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -1 Guidance 40 CFR 122.34(b)(6) Pollution prevention/good housekeeping for municipal operations • Ways to ensure that new flood management projects assess the impacts on water quality and examine existing projects for incorporating additional water quality protection devices or practices. Operation and maintenance should be an integral component o f a ll stormwater management programs. This measure is intended to improve the efficiency of these programs and require new programs where ii-.vc scar . Properly developed and implemented operation and maintenance programs reduce the risk of water quality problems. 7.2 Benefits: Why this Program is Important As the permittee, it is important that a municipality's own operations minimize contamination of stormwater discharges and serve as a model for the entire regulated area. Municipal operations can contribute significant amounts of pollutants to stormwater. Examples of municipal operations that can negatively impact stormwater runoff— and ultimately water quality — include: • Landscaping and maintaining parks, golf courses, and other municipal open spaces (e.g., sidewalks and plazas). These areas can contribute pesticides, herbicides, fertilizers, litter, and sediment to the storm drainage system if they are not properly maintained, or if municipal staff does not carry out maintenance activities in an efficient manner. • Washing, repairing, and fueling municipally -owned vehicles and equipment. Spills and leaks not contained during repairs and fueling can contribute gasoline, oil, and grease to the storm drainage system. • Maintaining city surfaces, including streets, parking lots, and buildings. Roads and other paved areas collect pollutants such as heavy metals, oil and grease, sediment, and litter from vehicles and motorists. These materials collect and wash into the storm drainage system during the "first flush" of a rain event. Many municipalities have street sweeping programs in place for aesthetic, safety, and public health reasons. These programs, if implemented properly, can reduce the amount of pollutants entering the storm drainage system. Sand and/or salt for deicing operations can also enter the storm drainage system. Another avenue for pollutants to enter the storm drainage system is from power washing or sand blasting buildings. • Waste and materials storage, particularly in uncovered areas. Given all the activities that a municipality conducts, there is a vast array of materials and wastes stored at municipally -owned facilities. If spills 7 -2 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 or leaks of these materials occur, it is possible for pollutants to drain to • the storm drainage system. • Construction activities and other land disturbances. Like any other type of construction activity, those initiated by the municipality can contribute sediment and other pollutants associated with construction equipment to stormwater runoff. By implementing good housekeeping and pollution prevention procedures, employees can ultimately reduce stormwater pollutants and save the municipality money over time. Preventing litter and other debris from entering the system can reduce damage to the system and reduce the need for expensive, time - consuming repairs and maintenance. 7.3 Model Program for Pollution Prevention /Good Housekeeping The Model Program for pollution prevention/good housekeeping has the following components: • Development and implementation of an operation and maintenance (O &M) plan with a focus on pollution prevention that addresses the municipal operations specified below, and • Development and implementation of a training program for targeted municipal employees. The following section describes the development of the O &M Plan that addresses pollution prevention and good housekeeping procedures for six municipal activities. The last section addresses employee training on the procedures contained within the O &M Plan. Note: This pollution prevention/good housekeeping program only applies to operations and maintenance facilities within the municipality's Phase II boundary. See Chapter 1 for more information on how the Phase II boundary is defined. All the BMPs in this chapter, BMPs 7A — 7I, are required. BMP 7A, the O &M Plan, is the primary BMP and will include descriptions of all the other Good Housekeeping BMPs. 7.3.1 Operation and Maintenance (O &M) Plan The primary goal of this program is to develop and implement a municipal O &M Plan that addresses pollution prevention and good housekeeping procedures for the following municipal activities: • Park and Open Space Maintenance, as described in Section 7.3.2 • Fleet and Building Maintenance (including vehicle and equipment washing), as described in Section 7.3.3 September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7-3 • New Construction and Land Disturbances, as described in Section 7.3.4 • Stormwater System Maintenance, as described in Section 7.3.6 • Roads, Highways, and Parking Lot Maintenance, as described in Section 7.3.6.2 • Flood Management Project Assessment, as described in Section 7.3.6.3 • Dust Control, as described in Section 7.3.5 T l id - r i a r ib e d C 7 3 1 r'.iiipluyou i iiiinig, • Stormwater Plans for Municipal Facilities, as described in Section 7.3.8 Required BMP 7A: Develop and implement a municipal O &M Plan that considers, where appropriate, BMPs 713 — 7I. Measurable Goal: Complete development of an O &M Plan during permit year 3 and implement the procedures described in the O &M Plan during the remainder of the permit term. An O &M plan is essential to ensure that all municipal activities and programs impacting stormwater are implemented efficiently and effectively. The O &M plan is intended to reduce the amount of pollutants carried by stormwater runoff into the storm drainage system. Comprised of a description of procedures and associated schedules, the O &M plan serves as a tool for all municipal employees that are directly involved in stormwater management or administer programs that impact stormwater. It also serves as the basis for the employee training program described in Section 7.3.2 below. An O &M Plan contains the following information: • Description of the required maintenance activities and procedures as it relates to existing municipal operations and programs • List of responsible departments and personnel for each activity, and • Schedule of activities, including maintenance, inspections and reporting 1. Collect information on existing municipal operations. To gain an understanding of existing municipal operations in the six areas the O &M plan must address, assemble and review existing materials from various municipal departments who perform these activities. In reviewing information on existing programs, pay specific attention to the following: frequency of maintenance activities; types of substances used; materials storage, handling, and disposal practices; type and frequency of employee 7 -4 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 training; record keeping practices; and inspection procedures and frequencies. If documentation on activities does not exist, it may be necessary to conduct brief interviews with staff from the various departments to gain a thorough understanding of how they implement existing municipal operations. If no municipal program exists for a certain activity (e.g., stormwater system maintenance), then determine which department is best suited to take on this activity. 2. Determine how to incorporate required procedures into existing activities. Examine the required pollution prevention and good housekeeping procedures for each of the municipal operations that the O &M Plan must address. These procedures are described in Sections 7.3.1below. Using information about existing municipal activities, determine how to best incorporate these procedures into current practices. 3. Create the O &M Plan. Include in the O &M plan the following information: 1) a description of the municipality's revised operating procedures that reflect the required pollution prevention and good housekeeping procedures, 2) the responsible departments for each municipal activity and program, and 3) the associated schedule for each activity. The final O &M plan should serve as a reference manual for all municipal employees involved in these activities and programs, ensuring that all employees consistently implement these activities using the appropriate procedures. Finally, provide training for municipal staff on the information contained in the O &M plan (described in Section 7.3.2). Stormwater Management Manual for Eastern Washington The Stormwater Management Manual for Eastern Washington (Manual) provides the technical guidance to help municipalities implement this Model Program. The Manual provides commonly accepted stormwater management practices which if implemented are presumed to protect water quality. Cities and counties may develop alternative technical manuals but may need to demonstrate that alternative technical manuals and alternative stormwater management practices will protect water quality. The Manual consists of eight core elements applicable to new development and redevelopment projects in eastern Washington that discharge to surface waters or to Underground Injection Control (UIC) rule- authorized subsurface drainage systems. The good housekeeping measure will be implemented through core element number 7, Operation and Maintenance. This core element requires an O &M plan for structural BMPs. In addition, the Manual Chapter 8 on Source Control includes information on operational and source control BMPs for a variety of activities. September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -5 At the time of publication of this Model Program, the Stormwater Management Manual for Eastern Washington was still in draft form. Ensure that you have the latest copy of the Manual when developing your stormwater program. IMPORTANT: The municipal activities below are typically found in many municipal governments. If one or more of these activities does not exist, then the O &M plan does not need to address that activity. 7.3.2 Park and Open Space Maintenance I Required MU 7B: r.,. t a1.,. n TR plan developed • /1). iii accordance w1u1 uiG U &1Vi plan ♦ie i'eilJ' v�.i in BMP 7A, implement park and open space maintenance pollution prevention/good housekeeping practices. Measurable Goal: Implement all pollution prevention/good housekeeping practices for park and open space maintenance at all park areas and other open spaces maintained by the jurisdiction by the end of permit year 5. Municipal maintenance practices at parks and other open spaces (e.g., golf courses, picnic areas, recreational facilities, right -of -ways, landscaped areas in parking lots, plazas) can include fertilizer, herbicide, and pesticide application; vegetation maintenance and disposal; and trash management. To ensure these activities do not negatively impact stormwater runoff, incorporate these pollution prevention and good housekeeping procedures into existing municipal operations for maintaining parks and other open spaces. 7.3.2.1 Pesticide, Herbicide, and Fertilizer Management To minimize the impact that use of pesticides, herbicides, and fertilizers have on stormwater quality, implement the following procedures: • Applicator Certification. Ensure that all personnel who apply 4•..:.1e 1.....,. t1... to 1:,........,. 1:...«.. ♦L.,. ..1.....:«:., pesticides iiavc uiG appropriate license iViil Li1G program administered by the Washington State Department of Agriculture. Renew this license annually, in accordance with existing state regulations (Chapter 17.21 RCW, Washington Pesticide Application Act). • Application and Record Keeping. Apply and handle pesticides and herbicides and keep detailed records in accordance with existing state regulations (Chapter 17.21 RCW, Washington Pesticide Application Act, Chapter 16 -228 WAC, General Pesticide Rules). The General Pesticide Rules contain recordkeeping forms to track the location, frequency, and materials used during application. • Storage and Inspection. Store pesticides, herbicides and fertilizers and inspect storage areas in accordance with existing state regulations (Chapter 16 -228 WAC, General Pesticide Rules; Chapter 15.58 RCW, Washington Pesticide Control Act; Chapter 16 -229 WAC, Secondary 7 -6 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 and Operational Area Containment for Bulk Pesticides), as well as applicable federal and county regulations. In general, these regulations require storage of materials in enclosed or covered areas; secondary containment of materials; and inspections of storage areas for spills, leaks, and/or unsafe storage methods. • Scheduling. Existing state regulations (Chapter 17.21 RCW, Washington Pesticide Application Act) address wind conditions when applying pesticides, but do not address rain events. Follow existing state regulations that set forth requirements about appropriate times and frequencies of pesticide application. In addition, do not apply pesticides, herbicides, and fertilizers under the following conditions: o Within one day of a rain event forecasted to be greater than 0.25 inches (except for application of pre- emergent herbicides). o During rain events. o When water is running off -site. 7.3.2.2 Landscaping Waste Disposal Landscaping waste can consist of leafy and woody debris from clipping, cutting, mowing, and other maintenance activities. These materials can accumulate in the storm sewer system and/or discharge into receiving waters. To ensure that these waste materials do not enter the storm drainage system, implement the following procedures: • Temporary stockpiling. Place materials to be temporarily stockpiled away from waterbodies and cover stockpiles. • Proper disposal. Ensure that all municipal employees and contractors generating landscaping waste dispose of it at an approved location (e.g., composting pile or permitted landfill). 7.3.2.3 Trash Management Open spaces such as parks, sports fields, and picnic areas receive a lot of visitors and can collect a large amount of litter and other debris. The following procedures will help to limit the amount of trash reaching the storm drainage system: • Provide and maintain receptacles. Ensure that visitors can easily locate and access trash receptacles, and that there are enough on -site to serve the number of guest the area receives. Some areas may require more receptacles than others due to number of visitors, even if the size of the area may not seem to warrant more receptacles. Use past information about trash management from each site to make this determination. Also ensure that receptacles do not have cracks, holes, and other types of damage that could allow litter and other debris to escape and potentially enter the storm drain system. September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -7 • Increase collection frequency according to site use. During times of peak visitation, increase the frequency of trash collections at each area to ensure trash does not enter the storm drain system. 7.3.3 Vehicle and Equipment Washing Required BMP 7C: In accordance with the O &M plan developed in BMP 7A, implement publicly -owned vehicle and equipment washing pollution prevention/good housekeeping practices. Measurable Goal: Conduct all vehicle and equipment washing in a self - contained covered building or a designated wash area that meets the required criteria by the end of permit year 5. Wash water from vehicle /equipment cleaning can contain oil and grease, suspended solids, heavy metals, organics, and other pollutants from detergents. Follow the procedures for washing vehicles /equipment below to prevent wash water from entering storm drains. Whenever possible, conduct vehicle /equipment cleaning in a self - contained, covered building. This includes: • A commercial washing business in which the washing occurs in an enclosure and drains to a municipal sanitary sewer system, a treatment facility, a dead end sump or evaporative pond, or • A building constructed specifically for washing of vehicles and equipment which is plumbed to a drain to a municipal sanitary sewer system, a treatment facility, or a dead end sump. If the two types of enclosed facilities are not available for vehicle /equipment cleaning, conduct this activity in a designated uncovered wash area that meets the following criteria: • Discharging onto an impervious surface that is graded to collect all wash water in a drain system and constructed as a spill containment pad to prevent the run -on of stormwater from adjacent pavement areas. Extend the containment pad out a minimum of four feet on all sides of the vehicles /equipment being washed. • Discharging to a municipal sanitary sewer system, a treatment facility, or a dead -end sump for transportation to the nearest treatment facility. • Discharging through a pipe that has a positive control valve (manual or automatic) that is shut when washing is not occurring to prevent the entry of stormwater. Post signs to inform employees of the operation and purpose of the valve, and • Cleaned before a rain event to ensure pollutants collected on the impervious surface do not drain to the storm drain system. 7 -8 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 7.3.4 New Construction and Land Disturbances Follow procedures outlined in Chapter 5. Public construction projects are required to follow all the same requirements and procedures as private construction projects. Ensure that construction activities initiated by the municipality follow requirements applicable to all other construction site operators. 7.3.5 Dust Control Practices Required BMP 7D: In accordance with the O &M plan developed in BMP 7A, implement dust control practices where necessary on public projects. Measurable Goal: Implement required dust control procedures on all public projects by the end of permit year 5. Follow appropriate BMPs to minimize and control dust from public construction projects. Dust control BMPs are described in the Stormwater Management Manual for Eastern Washington. 7.3.6 Stormwater System Maintenance Pollutants that do manage to enter the storm drainage system can impede proper functioning of the system and can create the need for costly repairs. Storm drain maintenance is conducted to prevent water quality impacts and to prevent local flooding does not occur due to a clogged pipe or catch basin. A long -term preventative maintenance program helps ensure that the system functions effectively while reducing the potential for pollution and significant infrastructure damage. Procedures for this municipal activity include regular inspections, cleaning, proper disposal of waste removed from the system, and record keeping. Conduct these activities year - round, increasing the frequency of these activities during the rainy season (if necessary). When maintenance activities include stormwater outfalls, consider performing a visual inspection of the outfall for both maintenance needs and identification of any illicit discharges. See the example visual inspection form from the Municipality of Anchorage in Appendix 7A. Required BMP 7E: In accordance with the O &M plan developed in BMP 7A, implement catch basin cleaning and stormwater system maintenance pollution prevention/good housekeeping practices. Measurable Goal: Inspect and maintain, as needed, catch basins and other stormwater system facilities based on a schedule described in the O &M plan by the end of permit year 5. • Catch Basin Inspections and Cleaning. Inspect catch basins and clean inlets at least once a year during the dry season. Based on inspection September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -9 results, clean (i.e., remove debris from) catch basins as required to prevent water quality impacts. During or before the wet season, perform inspection, clearing, and cleaning in areas that generate large quantities of waste and debris during rainstorms and snowmelt events. Using adaptive management, optimize maintenance activities and frequencies. • Proper Waste Disposal. Dewater wastes collected during storm drain cleaning and maintenance, if necessary, into the municipal sanitary sewer. Do not dewater near a storm drain or stream. Store solid waste and debris in appropriate containers or temporary storage sites in a that prevents discharge Dispose Ciiai �iiGVeiitS iiiJciicti'ge to the storm drain. iJi,pilse vi f sediment waste appropriately, depending on the level of contaminants. • Record keeping. Document the following information for inspections and cleaning of catch basins: 1) date, 2) location of catch basin, 3) activity performed (e.g., inspection or cleaning), and 4) description of condition or overall amount of material removed (estimated in either volume or dry weight). 7.3.6.1 Open Channels and Structural Stormwater Controls Required BMP 7F: In accordance with the O &M plan developed in BMP 7A, implement structural stormwater control pollution prevention/good housekeeping practices. Measurable Goal: Inspect structural stormwater controls on a schedule described in the O &M Plan or as specified by the Stormwater Management Manual for Eastern Washington or an approved equivalent manual. • Open Channel and Structural Controls Inspections and Cleaning. Inspect open channels and structural controls (e.g., detention ponds, commercial .,I JLij i technologies) for trash and debris, and clean, if necessary, at least once a year during dry season. Inspect and clean open channels and structural stormwater controls in areas that generate significant waste and debris during rainy season. • Proper Waste Disposal. Dewater wastes collected during storm drain cleaning and maintenance, if necessary, into the municipal sanitary sewer. Do not dewater near a storm drain or stream. Store solid waste and debris in appropriate containers or temporary storage sites in a manner that prevents discharge to the storm drain. Sediment may contain elevated levels of lead, hydrocarbons, and oil and grease. If sediment contains elevated levels of these pollutants, dispose of as hazardous waste. • Record keeping. Document the following information for inspections and cleaning of open channels and structural controls, including catch • 7 -10 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 basins: 1) date, 2) location, 3) activity performed (e.g., inspection or cleaning), 4) description of condition or overall amount of material removed (estimated in either volume or dry weight). 7.3.6.2 Road and Highway and Parking Lot Maintenance Required BMP 7G: In accordance with the O &M plan developed in BMP 7A, implement deicing and snow removal pollution prevention/good housekeeping practices for roads, highways, and parking lots. Measurable Goal: Implement required procedures on all roads, highways, and parking lots by the end of permit year 5. Maintaining roads, highways, and parking lots for public safety purposes can generate pollutants that will enter the storm drainage system, particularly those related to deicing and snow removal. Include in the O &M plan pollution prevention procedures related to deicing and snow removal described below. • Deicing Materials (e.g., Salt/Sand) Storage. Locate all new salt/deicing material storage piles outside the 100 -year floodplain. Continue operations of any existing storage piles within the 100 -year floodplain until all materials are gone. Once materials are gone from these locations, close and relocate the storage area outside the 100 - year floodplain. Cover all new salt/deicing material storage piles with tarps, hard shelters or contain them with dikes or berms. • Deicing Activities. Apply deicing materials according to manufacturer's recommendations for the given circumstance. When determining the amount to apply, consider road width, traffic concentration, proximity to surface waters, and road temperature to prevent over - application. If possible, use trucks with calibration devices on their spreaders exclusively. In areas in which drain to sensitive or impaired waters, consider applying alternative deicing materials, such as sand or salt substitutes • Snow Disposal Areas. Designate "Snow Storage Areas" around the municipality for temporary storage of snow that has been removed from the roadways. Designate snow storage areas at least 100 feet from surface waters or ground water drinking water sources. Clean each snow storage area after snow has melted by collecting debris and trash picked up in the snow removal process. This will aid in preventing floatables from entering surface waters. Optional BMP Street Sweeping: Street sweeping is not required under Phase II, but communities already conducting street sweeping activities can take credit for this. Benefits include improved air quality, trash and debris removal, and decreased maintenance costs of September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7-11 removing debris from catch basins. Street sweeping debris should be disposed of properly. 7.3.6.3 Flood Management Projects Required BMP 7H: In accordance with the O &M plan developed in BIvIP 7A, implement flood management project evaluation and review procedures. Measurable Goal: All new flood management project evaluations will include water quality considerations by the end of permit year 5. Priority existing flood management projects will be identified and re- evaluated with water quality considerations by the end of permit year 5. Flood control has been the traditional focus of stormwater management in many communities. Traditional approaches to flood management often include projects such as widening channels, dredging riverbeds, or creating dikes, levees or embankments. The purpose of these controls is to increase the capacity of the main channel or decrease the amount of water m o v in g into the main channel (i.e., stormwater management), traditionally without consideration of impacts to water quality. For example, concrete lined channels do not provide for aquatic habitat and tend to increase potentially erosive velocities and ambient water temperature. These types of controls can be expensive and have limited effectiveness in the long- term, because they do little to discourage increases in impervious surfaces — a significant factor in flooding. By incorporating water quality considerations into project review criteria, negative impacts to water quality from new flood management projects can be decreased. In designing and/or evaluating flood management projects, attempt to employ more natural solutions and use controls that preserve the hydrology of a site (e.g., swales and natural channels, riparian buffers) as a first -line of flood control. Evaluate existing flood management projects to determine whether or not additional water quality protection devices should be added. Do this by identifying several priority projects for review over the permit term to determine if additional water quality treatment can be achieved. 7-12 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 7.3.7 Employee Training on O &M Plan Implementation Required BMP 71: Develop materials and conduct employee training on the procedures contained in the O &M plan developed in BMP 7A. Measurable Goal: By the end of permit year 5, all employees involved in stormwater management or municipal maintenance will receive training on the procedures in the O &M plan. At a minimum, employees in targeted positions (generally employees involved in stormwater management or municipal maintenance) should be trained on the requirements in the stormwater program by the end of permit term. Consider providing brief (1 hour) training to all municipal employees. More specific, specialized training can be developed for specific program areas. For example, provide additional training on proper operation and maintenance of the equipment for municipal employees involved in vehicle washing. Train municipal employees engaged in field work on the basics of identifying and reporting illicit discharges and spills, including what constitutes an illicit discharge and who to contact if they see an illicit discharge. In addition to more intensive training, ensure that municipal employees have access to the public education materials produced under the public education minimum measure (Chapter 2). Even if a municipal employee's responsibilities do not directly impact stormwater management activities, their day -to -day actions can impact stormwater quality. 7.3.8 Stormwater Plans for Municipal Facilities Required BMP 7J: Develop plans for all municipal facilities that would reasonably be expected to discharge contaminated runoff and are not covered under the NPDES Industrial Stormwater General Permit. Submit a permit application for all municipal facilities that are required to be covered under the NPDES Industrial Stormwater General Permit. Measurable Goal: Submit permit application for municipal facilities that are required to be covered under the NPDES Industrial Stormwater General Permit. Identify municipal facilities that would reasonably be expected to discharge contaminated runoff and not covered under the NPDES Industrial Stormwater General Permit by the end of permit year 3. Develop pollution prevention plans for these facilities by the end of permit year 5. Industrial Stormwater General Permit Some municipally owned or operated industrial facilities that discharge stormwater runoff to surface waters and/or storm drains are required to apply for coverage under Ecology's Industrial Stormwater General Permit. Municipal facilities subject to this permit typically include: September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -13 • Landfills that receive or have received any industrial wastes (even closed landfills). • Vehicle maintenance shops for local public transportation. • Wastewater treatment plans with a design flow of 1.0 million gallons per day. Other municipal facilities could be required to apply for this permit. For more information and a full list of the types of facilities required to apply, see: http: / /www. ecy.wa. gov /prop, rams/ wq/ stormwater /industrial/index.html. Stormwater Plans Municipal facilities that would reasonably be expected to discharge contaminated runoff and are not covered by the Industrial Stormwater General Permit should also have a stormwater plan developed. These facilities could include parking lots, fair grounds, storage facilities, maintenance facilities, airports, parks /sports fields, municipal buildings and any other municipally owned facilities. To implement this BMP, follow these steps: 1. Assess and Screen Municipal Facilties Collect information on each municipally -owned or operated facility within your jurisdiction to assess the potential stormwater impact. If necessary, conduct site visits. Assess each facility to determine which of the following categories it falls into: • Needs an Industrial Stormwater Permit. This facility falls within one of the SIC codes regulated by the permit and discharges to surface waters. Submit an industrial stormwater permit application. • Some surface water pollution potential. Facilities that are not covered b th Tndu Stormwater P m a y still ha th potential to impact surface waters. For facilities that have a potential to discharge contaminated runoff, a stormwater plan should be developed. • Little /no surface water pollution potential. This facility either doesn't discharge to surface waters or has little or no potential to impact stormwater quality. No stormwater plan is required. As you assess municipal facilitiies, consider factors such as distance to storm drains and surface waters, site activities, traffic flow, exposure to potential stormwater contaminants, facility size, existing stormwater BMPs already in place, and other relevant factors. 7 -14 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 2. Prepare site - specific stormwater plans The development of facility - specific pollution prevention plans can be based on the guidance in Chapter 8 of the Stormwater Management Manual for Eastern Washington. This chapter describes a series of BMPs that could be considered for such a plan. Consider including the following information in each stormwater plan: • Description of storm drain system • Materials storage, including exposure of potential pollutants • Current O &M of storm drain system and structural BMPs • Education/Training activities on stormwater • Source Control activities • New stormwater BMPs and pollutant control strategy • Roles /responsibilities for stormwater • Cost estimates 3. Prepare training materials and conduct training Prepare training materials and conduct training at each facility on the practices described in the stormwater plan. This training should be coordinated with the general employee training in BMP 71. 4. Implement stormwater plans Carry out implementation of the stormwater plan at each facility. 7.4 Resources Vehicle and Equipment Wash water Discharges/Best Management Practices Manual http://www.ecy.wa.gov/biblio/95056.html Recommended Practices Manual: A Guideline for Maintenance and Service of Unpaved Roads, produced by Choctawhatchee, Pea and Yellow Rivers Watershed Management Authority http://wwvv.epa.gov/owow/nps/unpavedroads.html EPA's National Menu of BMPs http://www.ena.gov/npdes/menuofbmps/poll.htm Appendices Appendix 7A — Visual Inspection Form for Outfalls September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7 -15 Appendix 7A - Visual Inspection Form for Outfalls Municipality of tl � VISUAL INSPE TION FORHI Department ent '� -= abliOatla 1i'iIFiSN©tl4'1CRZT Outfall Number: Part 1 General Information 1. Map to location is? ❑ OK ❑ Incorrect explain in Part 4. Comments 2. Date: ❑ Time: ❑ Inspection Crew Lead: 3. How long since fast rainfall? ❑ Raining now ❑ 0-2 days ❑ 3 or more days C/ Unknown 4. Access to end of pipe is? ❑ OK ❑ Far from roof, feet ❑ Steep ❑ Ground wet or soft ❑ Blocked O If blocked. by what? ❑ Fence gatetunlocked ❑ Fence gate /locked ❑ Vegetation ❑ Water ❑ Other: Part 2 End -of -Pipe Information 5. End of pipe flows into: ❑ Lake ❑ Stream ❑ Wetland ❑ Ditch ❑ Other 6. End of pipe submerged? ❑ No ❑ Yes d yes, how much? ❑ less than 25% ❑ about 50% ❑ mere than 50% 7. End of pipe crushed? ❑ No ❑ Yes I yes, how much? ❑ less that 25% ❑ about 50 %O ❑ almost dosed O 8. Grate on end of pipe? ❑ No ❑ Yes N yes. is grate tucked? ❑ No ❑ Yes dyes, is grate plugged? . ❑ less than 25% ❑ about 50 %O ❑ almost dosed O Part 3 Visual Observations 9 Water flowing from end of pipe? ❑ No ❑ Yes tf yes. what does water look like? ❑ Clear ❑ Colored, what color? ❑ Muddy tf yes. are petroleum products present? ❑ No ❑ Yes, in the form of: ❑ Floating globs ❑ Moving sheen 10. Sediment accumulation in pipe? ❑ No ❑ Yes hyes, how much? 0 less than 25 %full ❑ about 50 % full 0 ❑ more than 50% full 0 11. Debris accumulation in pipe? ❑ No ❑ Yes lf yes, how much? ❑ less than 25% full ❑ about 50% full O ❑ more than 50% full O Describe debris. 12. If end of pipe flows to a ditch. is there (near end of pipe): Sediment accumulation in ditch? ❑ No ❑ Yes tfyes. Crow much? ❑ less than 25% full ❑ about 50% full O ❑ more than 50% full O Debris accumulation in dtch? ❑ No ❑ Yes If yes how much? ❑ less that 25% full ❑ about 50% full O ❑ more than 50% full O Describe debris Part 4 Comments end of end of Pipe pipe near end ( ditch - _ r it ch of pipe dit st ream tor lake or wetland) NOTE If the answer to a Question has this symbol 0 next to the entry, flag th s tom, fora supervisor's attention by placing an "x in the box to the right. September 2003 Chapter 7 — Pollution Prevention/Good Housekeeping Program 7A - 1 INSTRUCTIONS FOR COMPLETION OF THE VISUAL INSPECTION FORM A separate fonn must be filled out for each major outfall. Answer all questions on the form. PART 1 GENERAL INFORMATION 1. Map to Location, and Outfatt Number: Verify the map guiding you to the outfall location is emirate. Make location corrections to the map and/or in the inspection form, Part 3, Comments. If the outfall cannot be found based on inspection crew experience or map information make a note and return the uncompleted form and map to supervisor. 2. Outfelt Number, Date, Time and Field Crew Lead When you arrive at an outfall to conduct the inspection, write the outlet' identification number on the inspection form. The outfall identification number can be found on the Nation map. Record the date and time the inspection is made. Fill in the name of the field crew lead conducting the inspection. 3. How Long Since Last Rainfall? Check the box that best represents when the last rainfall rammed. "Rainfall" is defined as a rainstorm big enough to cause runoff from the streets to enter the local storm drains being inspected. Indicate if you do not know the date of the last rainfall. I PART 2 VISUAL OBSERVATIONS _ I The °end -of -pipe" is defined as the open -end of a pipe discharging storm water from a piped storm water conveyance system into the-environment. 4. Water Flowing from End -of Pipe? Check the NO box if there is no water flowing out of the end-of -pipe. Note: If you see standing water in the end -of -pipe or the end-of -pipe is partial y submerged in water and you cannot determine rtthe water is actually flowing out of the pipe, also check the NO box. Check the YES box only if water is flowino reed the end-of -pipe. If you checked the YES box, you also need to answer the questions about the quality of the water flowing out of the pipe. Check the appropriate boxes for the water quality questions. D yes, what does water look like? Clear Mot colored): Imagine a glass of drinking water, you can see through the water and the water is not colored. Is this what the water flowing from the end -of -pipe looks like? Colored: Imagine a glass of tea, you can see through the water, but the water is colored. Is this what the water looks like? Be careful not to let the color of subsurface objects fool you. For example, green algae under the water can give water the appearance of being green. Color can range from light to dark. If the water seems very lightly colored but you are in doubt. do not mark the "Colored" box. Muddy: You cannot see through the water (it has a cloudy or muddy appearance). if yes, are petroleum products present in water? Imagine pouring new or used motor oil into water. Do you see this effect in the water flowing from the end-of -pipe? Unless you see floating globs or a moving sheen of oil in the water mark NO. 5. Sediment Accumulation in Pipe? If you can see sediment in the oioe, check the YES box. Then estimate how much sediment is present in the pipe (less than / full, about / full. or more than ,= full) and check the appropriate box. Note If you checked the 'about Yz full" or more than' Y2 full" box, also check the box at the bottom of the page to flag the form for a supervisor's attention. 6. Debris Accumulation in Pipe? if you see any debris piled up in the i check the YES box. Then estimate how much debris is present in the pipe (less than % full, about' / full. or more than x II) and check the appropriate box. Note If you checked the "about '/ full" or more than '/: full" box, also check the box at the bottom of the page to flag the form for a supervisor's attention. 7. If the "End of Pipe" Flows into a Ditch, is there (near end of pipe) Sediment Accumulation in Ditch? If you can see sediment in the oioe . check the YES box. Than estimate how much sediment is present in the pipe Tess than '/< full, about Yr full, or more than Y2 full) and check the appropriate box. If you checked the "about / full" or 'more than 1 full" box, also check the box at the bottom of the page to flag the form tor a supervisor s attention. Debris Accumulation in Ditch? If you see any debris piled up in the pipe. check the YES box Then estimate now much debris is present in the pipe (less than ' full, about Y full, or more than 'A full) and check the appropriate box. Note If you checked the 'about 'h full' or "more than 'h full" box. also check the box at the bottom of the page to flag the form for a supervisor's attention. PART 3 COMMENTS 1 As needed, explain answers in Parts 1 -2 Record anything unusual about the site not covered by the questions on the form FIELD EQUIPMENT CHECKLIST Appropnate protective work clothing and boots ❑ Safety and communication equipment 0 Outfall location maps ❑ Clipboard 0 Major outtall identification number list ❑ Visual Inspection Forms ❑ Penal or Waterproof permanent ink pen 7A - 2 Chapter 7 — Pollution Prevention/Good Housekeeping Program September 2003 Table of Contents Chapter 8 - Evaluation and Assessment Record Keeping and Reporting 8 -1 8.1 Evaluation and Assessment 8 -1 8.2 Record Keeping 8 -3 8.3 Annual Reporting 8 -3 Appendices 8 -4 Appendix 8A — Proposed Eastern Washington NPDES Municipal Stormwater Permit Annual Report Form 8A -1 September 2003 Chapter 8 — Evaluation and Assessment 8-i Record Keeping and Reporting Chapter 8 - Evaluation and Assessment Record Keeping and Reporting 8.1 Evaluation and Assessment Under federal NPDES regulations, operators of regulated small MS4s are required to evaluate the appropriateness of their identified BMPs and progress toward achieving their identified measurable goals. The purpose of this evaluation is to determine whether or not the MS4 is meeting the requirements of the minimum control measures. Ecology is responsible for determining whether and what types of monitoring needs to be conducted and may require monitoring in accordance with State/Tribe monitoring plans appropriate to the watershed. This Model Program does not include specific monitoring requirements. In the federal Phase II rule, EPA does not encourage requirements for "end -of- pipe" monitoring for regulated small MS4s. Rather, EPA encourages states to carefully examine existing ambient water quality and assess data needs. EPA encourages states to consider a combination of physical, chemical, and biological monitoring or the use of other environmental indicators such as exceedance frequencies of water quality standards, impacted dry weather flows, and increased flooding frequency. For a discussion of monitoring in greater detail, see Claytor, R. and W. Brown, 1996, Environmental Indicators to Assess Storm Water Control Programs and Practices, Center for Watershed Protection, Silver Spring, MD - Section II.L., Water Quality Issues. Under the federal regulations, Ecology is encouraged to consider the following watershed objectives in determining monitoring requirements: (1) To characterize water quality and ecosystem health in a watershed over time, (2) To determine causes of existing and future water quality and ecosystem health problems in a watershed and develop a watershed management program, (3) To assess progress of a watershed management program or effectiveness of pollution prevention and control practices, and (4) To support documentation of compliance with permit conditions and/or water quality standards. The federal rules are intended to provide flexibility to both MS4s and permitting authorities regarding appropriate evaluation and assessment. Permitting authorities can specify monitoring or other means of evaluation when writing permits. If additional requirements are not specified, MS4s September 2003 Chapter 8 — Evaluation and Assessment 8-1 Record Keeping and Reporting can specify the most appropriate way to evaluate their stormwater management program. In order to demonstrate the effectiveness of BMPs and the stormwater program, municipalities can consider tracking and documenting implementation using a variety of measures. The following are examples of programs or activities that can be used to help demonstrate effectiveness: Public Education/Involvement • How many school children receive education on stormwater or water quality topics? • How many people are involved in stream cleanup or other volunteer activities? • Conduct a survey to assess the effectiveness of public outreach and education efforts Illicit Discharges • Track the visual monitoring of outfalls during dry and wet weather conditions • Photograph the conditions of streams upstream and downstream of outfalls periodically • Track the number of spills or illicit connections found each year Construction • Track the number of plans that are reviewed for adequate erosion and sediment controls • Track the number of local construction operators who are training on proper erosion and sediment controls • Track the number of erosion and sediment control inspections at construction sites Post - Construction • Track the number of stormwater site plans and permanent stormwater control plans that are reviewed • Track the number of structural stormwater BMPs that are constructed and maintained each year Good Housekeeping • Track the number of pollution prevention plans developed • Track the amount of deicing materials applied to roads 8 - 2 Chapter 8 — Evaluation and Assessment September 2003 Record Keeping and Reporting • Track the number of curb miles swept annually • Track the number of employees trained on proper stormwater practices 8.2 Record Keeping In order to track program implementation and progress, thorough, timely and accurate record keeping is essential. This can be accomplished through either a series of organized, printed files or electronically via a database or similar tracking system. Record keeping is conducted for two primary purposes. First, record keeping is conducted in order to track and more effectively manage the day -to -day activities of the stormwater program. This could include keeping track of activities and staff time for cost accounting purposes, and tracking inspections, incidents or responses for later follow -up. Second, record keeping is conducted to collect data on program performance that is reported to Ecology, the city /county council, ratepayers, or the public. This will consist primarily of record keeping on the jurisdiction's progress in meeting measurable goals. Records required by the NPDES Phase II municipal stormwater permit must be kept for at least three years and must be submitted to Ecology when requested. Jurisdictions are required to make records, including their stormwater management program, available to the public at reasonable times during regular business hours (a reasonable charge for providing information can be assessed in accordance with State laws governing open records requests). Jurisdictions can require that a member of the public provide advance notice. 8.3 Annual Reporting EPA's federal regulations require that jurisdictions permitted under Phase II submit reports annually during the first permit term (five years). EPA requires that the annual report include the following information (from 40 CFR 122.34(g)(3)): • The status of compliance with permit conditions, an assessment of the appropriateness of your identified best management practices and progress towards achieving your identified measurable goals for each of the minimum control measures. • Results of information collected and analyzed, including monitoring data, if any, during the reporting period. • A summary of the stormwater activities you plan to undertake during the next reporting cycle. • A change in any identified best management practices or measurable goals for any of the minimum control measures, and September 2003 Chapter 8 — Evaluation and Assessment 8 -3 Record Keeping and Reporting • Notice that you are relying on another governmental entity to satisfy some of your permit obligations (if applicable). The annual report form in Appendix 8A is an example of what this report could look like. The general Phase II permit issued by Ecology for Eastern Washington will contain the annual report form that must be used. This proposed form contains the following six sections: Section I — Contact Person This will be the primary contact for Ecology, other state agencies, and the public for stormwater issues in this jurisdiction. This does not net;essa iiy need to be the individual Who signed the municipal stormwater permit application. Section II — MS4 Location Information on the jurisdiction the report covers, the type of jurisdiction, and the major receiving water body. - Section III — BMP and Measurable Goal Status For each BMP and measurable goal, the permittee must describe completed activities for this permit year, and planned activities for the next permit year. As an example, this form includes all the BMPs and measurable goals for the Model Program. Section IV — Information Collection Where information, studies, monitoring data, or other relevant information is collected on the stormwater program, briefly describe that information here. This could also include any information collection conducted for Endangered Species Act or Total Maximum Daily Load programs that relate to stormwater. Section V — Changes in BMPs and Measurable Goals If any BMPs or measurable goals have been changed during the _..• describe t t and • � •r for period, describe those changes and provide a�ustification for the changes. If any BMPs or measurable goals are proposed to be changed, describe those changes and provide a justification for the changes. Section VI — Relying on Another Governmental Entity If relying on another governmental entity to satisfy one or more of the requirements, then list what that requirement is and list the governmental entity who is implementing this requirement. Appendices Appendix 8A — Proposed Eastern Washington NPDES Municipal Stormwater Permit Annual Report Form 8 -4 Chapter 8 — Evaluation and Assessment September 2003 Record Keeping and Reporting Appendix 8A - Proposed Eastern Washington NPDES Municipal Stormwater Permit Annual Report Form Annual Report covering the period from to (a) I. Contact Person (b) II. MS4 Location Contact Name Phone No. Jurisdiction Jurisdiction Entity type: State ❑ County ❑ City ❑ Mailing Address Major receiving water: City State Zip + 4 Email address: (c) III. BMP and Measurable Goal Status Public Education BMPs BMP 2A: Stormwater Education and Outreach Goal: Develop strategy by end of permit year Strategy 3. (a) Completed activities for this permit Planned activities for the next permit year year BMP 2B: Stormwater brochure for general public Goal: Distribute to 90% of residents and businesses (b) Completed activities for this permit Planned activities for the next permit year year BMP 2C: Targeted Brochure Goal: Distribute to targeted audience as specified in outreach strategy (c) Completed activities for this permit Planned activities for the next permit year year BMP 2D: Storm Drain Stenciling Goal: Stencil 20% of inlets (d) Completed activities for this permit Planned activities for the next permit year year September 2003 Chapter 8 — Evaluation and Assessment 8A - 1 Record Keeping and Reporting BMP 2E — Classroom Education Goal: Contact all school districts by the end of permit year 5 (e) Completed activities for this permit Planned activities for the next permit year year BMP 2F: Work with Volunteers Goal: Contact 5 volunteer groups by the end I of permit year 5 1 (J) Completed activities for this permit Planned activities for the next permit year year RAW 2f : Sp Bureau Planned D bureau by year 4 (g) Completed activities for this permit Planned activities for the next permit year year BMP 2H: Stormwater PSAs Goal: Run PSAs so the population receive the info an average of 3 times per year (h) Completed activities for this permit Planned activities for the next permit year year BMP 21: Stormwater Display Goal: Use an average of 4 times /year (i) Completed activities for this permit Planned activities for the next permit year year BMP 2J: Stormwater Web Site Goal: Create by year 5, and update monthly 0) Completed activities for this permit Planned activities for the next permit year I year 1 Public Involvement BMPs BMP 3A: Public review /public meetings Goal: Hold 2 public meetings and publish 2 public notices (a) Completed activities for this permit Planned activities for the next permit year year BMP 3B: Distribute news releases Goal: Distribute one /year starting in year 2 (b) Completed activities for this permit Planned activities for the next permit year year BMP 3C: Stakeholder advisory panel Goal: Hold quarterly meetings by end of year 1 (c) Completed activities for this permit Planned activities for the next permit year year 8A - 2 Chapter 8 — Evaluation and Assessment September 2003 Record Keeping and Reporting • Illicit Discharge BMPs BMP 4A: Create System Map Goal: Map 33% of outfalls (a) Completed activities for this permit Planned activities for the next permit year year BMP 4B: Illicit Discharge Ordinance Goal: Develop ordinance by year 2. (b) Completed activities for this permit Planned activities for the next permit year year BMP 4C: Illicit Discharge Plan Goal: Develop plan by year 5 (c) Completed activities for this permit Planned activities for the next permit year year BMP 4D: Field Inspections Goal: Visually inspect by year 5 (d) Completed activities for this permit Planned activities for the next permit year year BMP 4E: Spill Response Plan Goal: Develop plan by year 5 (e) Completed activities for this permit Planned activities for the next permit year year BMP 4F: Enforcement Plan Goal: Develop plan by year 5 (j Completed activities for this permit Planned activities for the next permit year year BMP 4G: Training Goal: Train staff by year 5 (g) Completed activities for this permit Planned activities for the next permit year year Construction BMPs BMP 5A: Erosion & Sediment Ordinance Goal: Adopt ordinance by year 2 (a) Completed activities for this permit Planned activities for the next permit year year BMP 5B: Training for MS4 staff Goal: Train staff by year 5 (b) Completed activities for this permit Planned activities for the next permit year year BMP 5C: Review site plans Goal: Review plans by year 5 (c) Completed activities for this permit Planned activities for the next permit year year September 2003 Chapter 8 — Evaluation and Assessment 8A - 3 Record Keeping and Reporting BMP 5D: Receive info from the public Goal: Set up by year 5 (d) Completed activities for this permit Planned activities for the next permit year year BMP 5E: Inspect construction sites Goal: Inspect all sites (e) Completed activities for this permit Planned activities for the next permit year year BMP 5F: Training for construction operators Goal: Provide training info by year 5 I (0 Completed activities for this permit Planned activities for the next permit year year Post-Construction BMPs BMP 6A: Post - Construction Control Ordinance Goal: Adopt ordinance by year 2 (a) Completed activities for this permit Planned activities for the next permit year year BMP 6B: Post - construction plan Goal: Adopt plan by year 5 (b) Completed activities for this permit Planned activities for the next permit year year BMP 6C: Training Goal: Train by year 5 (c) Completed activities for this permit Planned activities for the next permit year year BMP 6D: Site Plan review Goal: Review all site plans (d) Completed activities for this permit Planned activities for the next permit year year BMP 6E: Inspect post - construction BMPs Goal: Inspect all BMPs as required (e) Completed activities for this permit Planned activities for the next permit year year Good Housekeeping BMPs BMP 7A: Develop O &M Plan Goal: Develop plan by year 3 (a) Completed activities for this permit Planned activities for the next permit year year BMP 7B: Park/Open Space BMPs Goal: Implement BMPs by year 5 (b) Completed activities for this permit Planned activities for the next permit year year 8A - 4 Chapter 8 — Evaluation and Assessment September 2003 Record Keeping and Reporting BMP 7C: Vehicle/Equipment washing BMPs Goal: Implement BMPs by year 5 (c) Completed activities for this permit Planned activities for the next permit year year BMP 7D: Dust Control BMPs Goal: Implement BMPs by year 5 (d) Completed activities for this permit Planned activities for the next permit year year BMP 7E: Stormwater System Maintenance Goal: Implement BMPs by year 5 (e) Completed activities for this permit Planned activities for the next permit year year BMP 7F: Open Channel/Structural BMPs Goal: Implement BMPs by year 5 (j Completed activities for this permit Planned activities for the next permit year year BMP 7G: Deicing BMPs Goal: Implement BMPs by year 5 (g) Completed activities for this permit Planned activities for the next permit year year BMP 7H: Flood Management BMPs Goal: Implement BMPs by year 5 (h) Completed activities for this permit Planned activities for the next permit year year BMP 71: Employee Training on O &M Goal: Train by year 5 (i) Completed activities for this permit Planned activities for the next permit year year BMP 7J: Stormwater Plans for Municipal Goal: Develop plans by year 5 Facilities 0) Completed activities for this permit Planned activities for the next permit year year IV. Information Collection List below either the results of information collected and analyzed during the reporting period, including monitoring data (if any) and how to contact for additional information OR summarize the results of information collected and indicate how more complete information can be obtained. September 2003 Chapter 8 — Evaluation and Assessment 8A - 5 Record Keeping and Reporting V. Changes in BMPs or Measurable Goals If any of the BMPs or Measurable Goals are being changed, list the old BMP and measurable goal, the new BMP and measurable goal, and a justification for the change below. Old BMP: I Old Goal: New BMP: New Goal: Justification for change: Old BMP: New BMP: Justification for change: Vl. Relying on Another Governmental Entity If relying on another governmental entity to satisfy one or more of the permit obligations, list the entity and the permit obligation they are implementing on your behalf below. 8A - 6 Chapter 8 — Evaluation and Assessment September 2003 Record Keeping and Reporting Table of Contents Chapter 9 - Cost Estimates 9 -1 9.1 Cost Assumptions 9 -1 9.1.1 Overall Assumptions 9 -1 9.2 How to Use the Costing Spreadsheets 9 -2 9.3 Stormwater Management Program Development Costs 9 -3 9.4 Public Education Costs 9 -3 9.4.1 Public Education BMPs 9 -3 9.4.2 Public Education BMP Cost Assumptions 9 -4 9.4.3 Public Education Cost Summary 9 -6 9.4.4 Existing Practices in Eastern Washington 9 -7 9.5 Public Involvement Costs 9 -7 9.5.1 Public Involvement BMPs 9 -7 9.5.2 Public Involvement BMP Cost Assumptions 9 -8 9.5.3 Public Involvement Cost Summary 9 -9 9.5.4 Existing Practices in Eastern Washington 9 -9 9.6 Illicit Discharge Costs 9 -10 9.6.1 Illicit Discharge BMPs 9 -10 9.6.2 Illicit Discharge BMP Cost Assumptions 9 -10 9.6.3 Illicit Discharge Cost Summary 9 -12 9.6.4 Existing Practices in Eastern Washington 9 -13 9.7 Construction Program Costs 9 -14 9.7.1 Construction BMPs 9 -14 9.7.2 Construction BMP Cost Assumptions 9 -14 9.7.3 Construction Cost Summary 9 -16 9.7.4 Existing Practices in Eastern Washington 9 -16 9.8 Post - Construction Program Costs 9 -17 9.8.1 Post - Construction BMPs 9 -17 9.8.2 Post - Construction BMP Cost Assumptions 9 -17 9.8.3 Post - Construction Cost Summary 9 -19 9.8.4 Existing Practices in Eastern Washington 9 -19 9.9 Good Housekeeping Program Costs 9 -20 9.9.1 Good Housekeeping BMPs 9 -20 9.9.2 Good Housekeeping BMP Cost Assumptions 9 -20 9.9.3 Good Housekeeping Cost Summary 9 -23 9.9.4 Existing Practices in Eastern Washington 9 -23 9.10 Annual Report Costs 9 -24 Appendices 9 -24 Appendix 9A — Small Hypothetical Phase II Communities 9A -1 Appendix 9B — Large Hypothetical Phase II Communities 9B -1 September 2003 Chapter 9 — Cost Estimates 9-i Chapter 9 - Cost Estimates 9.1 Cost Assumptions The cost estimates provided in this chapter are intended to give cities and counties in eastern Washington additional information and guidance on the range of costs associated with implementing a stormwater management program. The cost estimates are based on two hypothetical cities — a small city with a population of 10,000 people and a large city with a population of 50,000 people. Implementing a stormwater management program could result in little additional expenditures to the municipal government, or could result in significant additional expenses. Costs will vary primarily on what activities the municipality is already implementing and the specific issues (such as number of construction sites, number of catch basins, etc.) the municipality must address. 9.1.1 Overall Assumptions Cost estimates were developed for two hypothetical Phase II cities — a small city with a population of 10,000 people, and a large city with a population of 50,000 people. The following assumptions are common to both scenarios: • The hourly costs include salary plus 40 percent for benefits and an additional 100 percent added for overhead and administrative costs. These overhead and administrative costs typically include costs for: • Clerical and support staff • Office rent and utilities • Computers, basic equipment, and supplies • Incidental use of a vehicle These scenarios are based on the assumption that the municipality performs the work. If a consultant is used for planning, engineering, inspections, or other aspects, the costs may be different. • Each city is starting with no funding, staff, or existing programs before developing a stormwater management program. • The population is consistent over the permit term (the costs are generally not overly sensitive to population). • These costs do not include any capital costs (capital improvement projects) to correct existing flooding, drainage, or stormwater quality problems. September 2003 Chapter 9 — Cost Estimates 9-1 Table 9.1 presents hourly rates for various employee categories. Table 9.1 Hourly Rates for Employee Categories Title/ Direct Hourly rate including Loaded hourly rate inc. 40% for Category hourly rate 40% for benefits benefits and 100% for overhead Technician 1 $21 $30 $60 n- o f e ss s i o _ a i 1 t $ 2 c 835 87n r iu 1 43z nom✓ v v Professional 2 $29 $40 $80 Professional3 $36 $50 $100 Examples of the types of personnel in each category include: Technician 1 — Maintenance staff, construction inspector Professional 1 — Planner, plan reviewer, public outreach specialist, computer specialist, maintenance supervisor Professional 2 — Engineer Professional 3 — Manager, staff attorney Differences between the small and large Phase II city cost estimate, primarily in the public education program, are described later in this chapter. 9.2 How to Use the Costing Spreadsheets This Model Program includes costing spreadsheets for both the small and large hypothetical Phase II communities. Printouts of these spreadsheets are included in Appendix 9A (small communities) and Appendix 9B (large communities). These spreadsheets are intended as a tool to give communities a rough estimate of Phase II compliance costs and help communities estimate their own compliance costs. To use the spreadsheet to estimate Phase II compliance costs more specifically for your community, you can change the following data fields: • The hourly staff rates for the four different professional levels (cells D7, D8, D9, and D10) • The estimated number of hours spent on program start-up costs • The number of hours spent by each staff for each BMP, per year • The number of hours spent to complete the annual report For example, for BMP 2A, stormwater outreach strategy, 16 hours of public outreach specialist time is currently estimated for the small city to identify target audiences. These hours can be changed to reflect a more accurate estimate for your community. Also, where individual BMPs are already in place and being implemented, additional funding is not required. Therefore, this spreadsheet could be 9 -2 Chapter 9 — Cost Estimates September 2003 used to identify new activities that will represent new costs to the community by deleting costs for BMPs it has already developed. 9.3 Stormwater Management Program Development Costs Both the small and large city will incur costs in planning and organizing a stormwater management program. These costs include planning time to identify lead department and staff, time to identify existing programs that could meet one of the minimum measures, and time to estimate resources needed. These costs also include time to budget resources for stormwater management. Time will be required for city /county staff to learn about and prepare to implement NPDES Phase II permit administration and compliance requirements. Time will be required to educate elected officials and management staff about regulatory requirements and to obtain initial approvals to proceed with additional work required to implement the BMPs. Obtaining initial approvals via resolutions or other elected official actions require time for completion of local public notice and involvement requirements. If no existing funding mechanisms are available, time will be required to develop one (or more), such as a utility. Development of a utility requires a plan that estimates program needs and costs and normally requires completion of public processes and adoption of a funding ordinance. Even changing rates in existing utilities involves similar activities. Ideally this work is done before year one of the permit term but in many cases this work will be done during years 1 — 2. For the small city, it is assumed that a manager will spend 52 days (full time) and an engineer will spend 100 days on stormwater management program development costs (over one to two years). For the large city, it is assumed that a manager will spend 80 days and an engineer will spend 150 days on stormwater management program development costs (over one to two years). 9.4 Public Education Costs 9.4.1 Public Education BMPs The Model Program for public education and outreach is described in Chapter 2. The public education Model Program requires the development of a stormwater outreach strategy (BMP 2A), with some combination of additional BMPs required depending on what specific activities the city includes in the outreach strategy. For the small city, the following BMPs are assumed to be implemented: • BMP 2A (stormwater outreach strategy) • BMP 2B (stormwater brochure) • BMP 2D (storm drain stenciling), and • BMP 2J (stormwater Web site) September 2003 Chapter 9 — Cost Estimates 9-3 The large city is assumed to implement the following BMPs: • BMP 2A (stormwater outreach strategy) • BMP 2B (stormwater brochure) e BMP 2C (targeted brochures) • BMP 2D (storm drain stencili • BMP 2E (classroom education), and • BMP 2J (stormwater Web site) The assumptions and costs for BMPs not selected by the two model cities are still listed below. These BMPs could be chosen by other eastern Washington cities as part of a public education program. 9.4.2 Public Education BMP Cost Assumptions The assumptions below were used to estimate costs for the hypothetical small and large Phase II cities. The number of hours assumed per employee per year for each BMP can be found in the cost tables. BMP 2A — Stormwater Outreach Strategy • Will be developed over the first 3 years • Annual reviews and updates will occur after year 3 • Both the small and large cities implement this BMP BMP 2B — Stormwater Brochure • Assume that an existing brochure format is used and slightly modified to meet local needs (requires some time for manager and public involvement specialist). • Assume $0.20/brochure for black and white printing (two - color, double -sided 8 1/2 x 11 brochure printing cost would be $0.50). e Distribution is through " +"' y mailers, libraries, government offices, etc. (i.e., no additional mailing costs). • Brochures are printed for 1/3 of total population. • Public response to mailed brochures will result in about a 1 -2 week- long flurry of work by manager, public information specialist, engineer, and maintenance staff. Assume that any MS4 problems uncovered may result in CIPs that are funded outside this Model Program. Assume maintenance supervisor spends 10 hours investigating and 30 hours supervising a two - person crew (30 hours times 2) to rectify non -CIP problems per mailing. Assume equipment costs of $5000 per mailing for heavy equip used by crew. • Both the small and large cities implement this BMP. 9 -4 Chapter 9 — Cost Estimates September 2003 BMP 2C — Targeted Brochure • • Assume targeted brochures will go out to 10 percent of addresses within city (number of addresses is 1/3 of total population). • Assume $0.20/brochure for black and white printing and $0.30/brochure for mailing (two- color, double -sided 8 1/2 x 11 brochure printing cost would be $0.50). • Targeted audience response to mailed brochures will result in about a 1 -2 week -long flurry of work by manager, public information specialist, engineer, maintenance supervisor, and crew. Assume that any MS4 problems uncovered may result in CIPs that are funded outside this Model Program. Assume maintenance supervisor spends 6 hours investigating and 16 hours supervising a two- person crew (16 hours times 2) to rectify non -CIP problems per mailing. Assume equipment costs of $2000 per mailing for heavy equipment used by crew. • The large city implements this BMP. BMP 2D — Storm Drain Stenciling • Assume volunteer groups are used to place stencils • City provides safety and stenciling materials ($5 /stencil), transportation, and oversight/planning • Assume 2 volunteers can complete 4 stencils/hour. City oversees 2 teams of volunteers at a time. 4 hours spent each outing on stencils • City spends 12 hours each outing planning, managing, overseeing, and recording the stenciling • Small city — assume city organizes volunteers to stencil the equivalent of six times each year (192 catch basins stenciled per year) • Large city — assume city organizes volunteers to stencil the equivalent of 15 times each year (480 catch basins stenciled per year) BMP 2E — Classroom Education • Year 3 — obtain contact info for all school districts • Year 4 — determine classroom educational opportunities • Year 5 — contact schools on list • The large city implements this BMP BMP 2F — Work with Volunteers • Assumes that follow -up will be necessary in years 4 and 5 to provide groups with information September 2003 Chapter 9 — Cost Estimates 9-5 BMP 2G — Speakers Bureau • Year 3 — Begin planning for speakers bureau • Year 4 — Contact potential speakers, develop list • Year 5 — Promote, distribute speakers bureau list BMP 2H — Stormwater PSAs • Costs will vary depending on newspaper, television, or radio. Costs are for development, placement of PSAs are usually free but there is no guarantee that they will be run. Advertisements are paid and provide control over frequency of distribution. BMP 21— Stormwater Display • Cost for developing a table -top display is approximately $500. For a 10" x 10" display, approximately $2,000 • Time is for scheduling event, transport and set up; does not include cost of display • Assume 4 hours time per display, 4 displays per year BMP 2J — Stormwater Web Site • Assume 100 hours for computer specialist (Professional Level 1) to develop web pages, 40 hours for engineer or public information specialist, and 20 hours for manager. • Quarterly maintenance and updates will consist of approximately 16 ho each quarter for computer specialist, and 4 hours each quarter for engineer or public information specialist. 9.4.3 Public Education Cost Summary For the small city, the total five -year public education costs were estimated to be approximately $87,300. This included the following five - year costs for each of the BMPs: • BMP 2A ( stormwater outreach strategy) $7,500 • BMP 2B (stormwater brochure) $41,400 • BMP 2D (storm drain stenciling) $20,900 • BMP 2J (stormwater Web site) $17,600 For the large city, the total five -year public education costs were estimated to be approximately $184,800. • BMP 2A (stormwater outreach strategy) $7,500 • BMP 2B (stormwater brochure) $49,400 • BMP 2C (targeted brochures) $46,900 • BMP 2D (storm drain stenciling) $51,500 • BMP 2E (classroom education) $12,000 • BMP 2J (stormwater Web site) $17,600 9 -6 Chapter 9 — Cost Estimates September 2003 9.4.4 Existing Practices in Eastern Washington The costs in Section 9.4.3 assume that the small and large Phase II cities are not currently implementing any stormwater public education activities. A survey of eastern Washington cities and counties found that this is true in many, but not all, jurisdictions. For example, a medium -sized city currently has a stormwater display that is set up during public works week and mails out stormwater inserts with local utility bills. A large city with a stormwater utility has conducted outreach about the utility, provides information on stormwater during the construction/development review process, and participates in public education activities to support other programs such as the wellhead protection program and solid waste /recycling program. Also, a large county has developed brochures for the public on ground water quality and aquifer issues. This county also conducts watershed tours and has put on workshops for the public and specific stakeholder groups. Figure 9.1 graphically represents the current level of activity on a high, medium, and low scale for public education from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for public education. A low level of activity indicates jurisdictions that will probably have more work to develop a public education program. A total of 21 cities and counties in eastern Washington replied to this survey. "6 Lovi Medruiri .. . w d - 0 5 10 15 20 Number of Respondents Figure 9.1 Level of Current Activity for Public Education Programs in Eastern Washington 9.5 Public Involvement Costs 9.5.1 Public Involvement BMPs The Model Program for public involvement/participation is described in Chapter 3. The public involvement Model Program requires the jurisdiction to hold public meetings and seek public review. Option BMPs September 2003 Chapter 9 — Cost Estimates 9-7 describe distributing new releases or organizing a stormwater advisory panel. For both the small and large cities, it is assumed that public • meetings /public review is conducted and new releases are produced. In addition, additional costs were assumed to respond to public calls generated by the public meetings. 9.5.2 Public Involvement BMP Cost Assumptions BMP 3A — Public Review/Public Meetings • Assume time for public outreach specialist (8 hours), engineer (4 hours) and manager (4 hours) to develop public notice, publish in local newspaper each time • Assume time for public outreach specialist (16 hours), engineer (8 hours) and manager (4 hours) to develop public meeting presentation materials each time • Includes time for public outreach specialist (16 hours), engineer (16 hours), and manager (4 hours) to attend and respond to public comments. Some comments will require field investigations and may result in CIPs or other corrective actions (CIPs are funded outside this program). Assume maintenance supervisor spends 4 hours investigating and 6 hours supervising a two- person crew (6 hours times 2) to rectify non -CIP problems per public meeting. Assume equipment costs of $1000 per maintenance activity to address comments. • Assume 2 public meetings, 2 hours each • For large city, assume double the number of public meetings (4 meetings) and double the meeting and follow -up labor time and equipment costs BMP 3B — News Releases • Assume time to draft and distribute news release Additional Activity — Respond to Public Calls This is not a BMP but is work that will reasonably be expected by the jurisdiction. o Estimated times needed for public response: Time to respond to other public calls. Time to respond to complaints about utility fees, stormwater standards, BMP O &M requirements, or other public or business concerns. o Estimated time for manager (small - 30 hrs /yr, large — 60 hrs /yr), pi- specialist (small - 60 hrs /yr, large — 120 hrs /yr), engineer (small - 60 hrs /yr, large — 120 hrs /yr), inspector (small - 30 hrs /yr, large — 60 hrs /yr). Assume work by maintenance supervisor and maintenance crew is covered in other costs (good housekeeping). 9 -8 Chapter 9 — Cost Estimates September 2003 9.5.3 Public Involvement Cost Summary • For the small city, the total five -year public involvement costs were estimated to be approximately $90,000. This included the following five - year costs for each of the BMPs: • BMP 3A (public review /meetings) $15,300 • BMP 3B (news release) $5,700 • Additional activity — respond to public calls $69,000 For the large city, the total five -year public involvement costs were estimated to be $174,300. • BMP 3A (public review /meetings) $30,600 • BMP 3B (news release) $5,700 • Additional activity — respond to public calls $138,000 9.5.4 Existing Practices in Eastern Washington The costs in Section 9.5.3 assume that the small and large Phase II cities are not currently implementing any stormwater public involvement activities. A survey of eastern Washington cities and counties found that many jurisdictions currently conduct public meetings or council meetings where stormwater issues could be discussed. Some cities and counties are going well beyond the Phase II regulations. For example, Liberty Lake meets monthly with a Watershed Advisory Committee. The city of Union Gap uses a Citizen's Advisory Committee to help develop their regional stormwater plan, and the city of Walla Walla Wastewater Advisory Board, which is composed of citizens, works closely with city staff on stormwater issues. Figure 9.2 graphically represents the current level of activity, on a high, medium, and low scale, for public involvement from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for public involvement. A low level of activity indicates jurisdictions that will probably have more work to develop a public involvement program. September 2003 Chapter 9 — Cost Estimates 9-9 2 IIIIMIII.4-t*;' 131',./i-,: v a 3 - ag. higa� , ; 3 ' 'i w t ,A _ .x> y 7-9 IIIIIIIIIIIIIIIII M .: .e.:`: .ens.. 3° ".:..a:'. .: .�•ui . °e4 > y i z yjy`2a. - 0 5 10 15 20 Number of Respondents Figure 9.2 Level of Current Activity for Public Involvement Programs in Eastern Washington 9.6 Illicit Discharge Costs 9.6.1 Illicit Discharge BMPs The Model Program for illicit discharge detection and elimination is described in Chapter 4. The illicit discharge Model Program requires the jurisdiction to map and screen outfalls, develop an illicit discharge ordinance, develop an illicit discharge, spill response, and enforcement plan, and provide training for municipal staff. For both the small and large cities, it is assumed that all of these BMPs are implemented. 9.6.2 Illicit Discharge BMP Cost Assumptions BMP 4A — Create Map • Assume some information exists (old paper maps, files). • Time spent to collect existing information, acquire and review record drawings (small city: 30 hours, large city: 80 hours). • Mapping outfalls will be included as part of mapping the full municipal separate storm sewer system and local receiving waters. A full storm system map is needed to trace illicit discharges and for other minimum control measures (good housekeeping). • Field mapping outfalls will take 2 hours /outfall, and will occur in year one or two as part of the preliminary planning work. • 80 hours (small) or 160 hours (large) by engineer to complete a full storm system map in year 2, 16 hours (small), or 32 hours (large) for manager. 9 -10 Chapter 9 — Cost Estimates September 2003 • Small city: 40 outfalls • Large city: 100 outfalls BMP 4B — Ordinance • Cost to develop an ordinance (small city: $45,000, large city: $60,000) • This includes time spent by all municipal technical and legal staff, and completion of the local public review /involvement process • This ordinance covers the ordinances required in Chapters 4, 5 and 6 • Costs spread over first two years BMP 4C — Illicit Discharge Plan • Plan developed in year 3 • Small city: 120 hours total by engineer, 20 hours by manager, 20 hours by maintenance crew supervisor to develop plan • • Small city: 160 hours total by engineer, 24 hours by manager, 40 hours by maintenance crew supervisor to develop plan BMP 4D — Conduct Field Inspections • Assume 2 hours per outfall for visual screening. Assume that 25 percent of outfalls appear suspicious and need 2 rounds of additional chemical testing during each permit term (minutes of $300 per testing ($600 for both rounds) depending on chemicals analyzed for). Assume that additional testing and data analysis requires 20 engineer hours and 4 manager hours per testing event (40 hours and 8 hours for both rounds per outfall tested). NOTE: Costs for this activity should decrease as the jurisdiction finds and eliminates illicit discharges. BMP 4E - Spill Response Plan • Plan developed in year 3 (as an appendix to Illicit Discharge Plan) • Plan will integrate with existing spill responder programs (Ecology, Fire Dept., Health, Police, etc.) • Time to develop plan (small city: 100 hours engineer, 16 hours manager, large city: 150 hours engineer, 24 hours manager) BMP 4F — Enforcement Plan • 80 hours by engineer, 16 hours by manager to develop plan in year 3 (as an appendix to Illicit Discharge Plan) • Investigation/enforcement will take 24 hours per event (3 by engineer) • Assume 4 hours of record keeping by engineer (plus 1 hr by manager) per enforcement event (written record of events, map, resolution) September 2003 Chapter 9 — Cost Estimates 9-11 • Small city: assume one event every other month for 6 events per year • Large city: assume 2 events per month for 24 events per year BMP 4G — Training • Assume an 8 -hour training course on Illicit Discharge Detection and Elimination is developed and held in 3 permit year, instructed by an engineer • Assume a our -hour refresher training course on Illicit Discharge Detection and Elimination is developed and held in 4 permit year, along with the full 8-hour course (for new people) both instructed by an engineer • After the initial training, assume 50 percent of staff have been through the initial training and will attend a refresher course of 4 hours • After the initial training, assume that turnover results in the need to train 50 percent of the staff that attended the initial training (hours will be cut in half) • Assume 8 hours (engineer) and 2 hours (manager) to prepare training materials and record training activities per event • Assume 4 hours by engineer to schedule and organize training per event • Small city: attendance will include 1 inspector, 2 field staff, and an engineer • Large city: attendance will include 3 inspectors, 5 field staff, and 2 engineers 9.6.3 Illicit Discharge Cost Summary For the small city, the total five -year illicit discharge costs were estimated to be approximately $175,900. This included the following five -year costs for each of the BMPs: • BMP 4A (Develop map) $16,000 • BMP 4B (Ordinance) $45,000 • • BMP 4C (Illicit Discharge Plan) $13,000 • BMP 4D (Conduct Field Inspections) $54,100 • BMP 4E (Spill Response Plan) $9,600 • BMP 4F (Enforcement Plan) $31,900 • BMP 4G (Training) $6,400 For the large city, the total five -year illicit discharge costs were estimated to be $382,300. • BMP 4A (Develop map) $30,000 ' 9 -12 Chapter 9 — Cost Estimates September 2003 • BMP 4B (Ordinance) $60,000 • BMP 4C (Illicit Discharge Plan) $18,000 • BMP 4D (Conduct Field Inspections) $135,600 • BMP 4E (Spill Response Plan) $14,400 • BMP 4F (Enforcement Plan) $110,000 • BMP 4G (Training) $14,400 9.6A Existing Practices in Eastern Washington The costs in Section 9.6.3 assume that the small and large Phase II cities are not currently implementing any illicit discharge activities, and do not have a stormwater map. A survey of eastern Washington cities and counties found that this is true for about half of the jurisdictions. For example, about half of the respondents to the survey have some type of stormwater map showing pipes and outfalls. A smaller number of jurisdictions have a program in place to address illicit discharges. In most cases, illicit discharge and spill response is a reactive program responding to citizen complaints. Figure 9.3 graphically represents the current level of activity, on a high, medium, and low scale for illicit discharge programs from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for illicit discharge control. A low level of activity indicates jurisdictions that will probably have more work to develop an illicit discharge program. High Medium U f o Low J 0 5 10 15 20 Number of Respondents Figure 9.3 Level of Current Activity for Illicit Discharge Programs in Eastern Washington September 2003 Chapter 9 — Cost Estimates 9 -13 9.7 Construction Program Costs 9.7.1 Construction BMPs The Model Program for construction is described in Chapter 5. The construction Model Program requires the jurisdiction to develop an erosion and sediment control ordinance, review site plans, develop a program to receive information from the public, inspect construction sites, provide training for municipal staff and information construction operators of training opportunities. Jurisdictions will implement this program primarily by following the Eastern Washington Stormwater Manual, or an equivalent manual. For both the small and large cities, it is assumed that all of these BMPs are implemented. 9.7.2 Construction BMP Cost Assumptions BMP 5A - Ordinance • Costs for ordinance are included in BMP 4A BMP 5B — Training for MS4 Staff • To develop the training materials, assume 16 hours for a supervisor, 20 hours for engineer, and 8 hours for manager in 3 permit year • A 4 hour Plan Review and Construction Inspection training and record keeping course is taught by the engineer and supervisor in 4 permit year and every subsequent year • Small city: attendees include a plan reviewer, inspector and engineer • Large city: attendees include 2 plan reviewers, 2 inspectors, and an engineer • Assume that 50 percent of the staff attends an annual 2 hour refresher course for the plan reviewers, inspectors, and engineer in 5 permit year. Assume that turnover results in the need to provide ongoing full training to 50 percent of the staff lineup starting in year 5. BMP 5C — Review Site Plans • Small city: 30 construction sites per year are greater than one acre • Large city: 80 construction sites per year are greater than one acre • Plan reviews start in permit year 4 • Assume that each "normal" plan review, record keeping, and project correspondence takes 3 plan reviewer hours, 1 engineer hour, and 0.5 manager hour for engineer and supervisor control review. Assume that 20 percent of the projects deserve special consideration because of complexity, size, type, location, phasing, or other factors and plan review time for all staff is quadrupled. • Assume that each site is subject to two plan reviews (initial & fmal) 9 -14 Chapter 9 — Cost Estimates September 2003 BMP 5D — Receive Information From the Public • Assume that it takes 8 hours to set up a system to receive information from the public in the 3 permit year. • Small: assume that 1 hour per week is spent by a public outreach specialist taking calls and referring them to engineer, inspectors, or maintenance supervisor. Assume that 1 hour per week is spent by the public outreach specialist tracking and recording the disposition of prior calls. • Large: assume that 3 hours per week is spent by a public outreach specialist taking calls and referring them to engineer, inspectors, or maintenance supervisor. Assume that 3 hours per week is spent by the public outreach specialist tracking and recording the disposition of prior calls. • Small: assume 3 hours by an inspector, 2 hours by a supervisor, 1 hour by a manager every week to follow up on complaints, make notes, correspond with property owners, keep records, and resolve problems (either owner fixes, or enforcement staff take over). • Large: assume 12 hours by inspectors, 6 hours by a supervisor, 3 hours by a manager every week to follow up on complaints, make notes, correspond with property owners, keep records, and resolve problems (either owner fixes, or enforcement staff take over). • Large: assume that public information origin enforcement actions consume 60 inspector hours, 30 supervisor hours, 60 maintenance technician hours, and 24 manager hours per year. • Small: assume that public information origin enforcement actions consume 20 inspector hours, 10 supervisor hours, 20 maintenance technician hours, and 8 manager hours per year. BMP 5E — Inspect Sites • Small city: 30 construction sites per year are greater than one acre • Large city: 80 construction sites per year are greater than one acre • Every site inspected at least twice (site set -up, interim check after a storm event to assure ESC BMPs are operated, maintained, and repaired properly) • Each inspection takes 4 hours (travel, notes, correspondence, recording) inspector time and 2 hours engineer time • Assume that 20 percent of sites will require some level of follow -up enforcement actions requiring 8 hours of inspector time, 4 hours engineer time and 2 hour of manager time each September 2003 Chapter 9 — Cost Estimates 9 -15 BMP 5F — Training for Operators • Assume one training event per year starting in year 4 • Small: assume 20 engineer hours and 4 manager hours locating information about existing ECS training opportunities and distributing this information to local contractors and engineers • Large: assume 60 engineer hours and 12 manager hours spent in year 4 collecting existing training information, modifying as needed for local conditions, organizing training events, conducting training, and keeping records of training activities • Small: assume 8 engineer hours spent each subsequent year updating training information and distributing to local engineers and contractors • Large: assume 30 engineer hours and 4 manager hours spent each subsequent year modify prior training materials, organizing training events, conducting training, and keeping records of training activities 9.7.3 Construction Cost Summary For the small city, the total five -year construction program costs were estimated to be approximately $164,300. This included the following five -year costs for each of the BMPs: • BMP 5A (Ordinance) $0 (cost included in BMP 4B) • BMP 5B (Training for staff) $7,800 • BMP 5C (Review site plans) $66,000 • BMP 5D (Receive information from public) $97,700 • BMP 5E (Inspect sites) $55,200 • BMP 5F (Training for operators) $2,600 For the large city, the total five -year construction program costs were estimated to be $478,200. • BMP 5A (Ordinance) $0 (cost included in BMP4B) • BMP 5B (Training for staff) $13,000 • BMP 5C (Review site plans) $174,000 • BMP 5D (Receive information from public) $314,700 • BMP 5E (Inspect sites) $139,500 • BMP 5F (Training for operators) $8,800 9.7.4 Existing Practices in Eastern Washington The costs in Section 9.7.3 assume that the small and large Phase II cities are not currently implementing any construction program activities. A survey of eastern Washington cities and counties found that this is true in some, but not all, jurisdictions. 9 -16 Chapter 9 — Cost Estimates September 2003 For example, over half of the respondents required some type of erosion and sediment control. Several cited that staff had completed WSDOT erosion control training and certification. Several cities and counties replied that erosion control was not an issue due to limited rainfall and high infiltration rate. Figure 9.4 graphically represents the current level of activity, on a high, medium, and low scale for construction programs from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for construction. A low level of activity indicates jurisdictions that will probably have more work to develop a construction program. ,... y x. Y• 'LNA0.17;:t le" .e 44 .? c'41iii4r4 14 " m ad 1 " 7 „ 1111111111111111111111111111W, x ^ �;i N L�a ^. m ?,, F�. w. . `.4 •'.x .w �S:. - ?:nom..:. 0 5 10 15 20 Number of Respondents Rgure 9.4 Level of Current Activity for Construction Stormwater Programs in Eastern Washington 9.8 Post - Construction Program Costs 9.8.1 Post - Construction BMPs The Model Program for post - construction runoff control is described in Chapter 6. The post - construction Model Program requires the jurisdiction to develop an ordinance to address post - construction runoff, review post - construction site plans, train staff, and inspect structural BMPs. Jurisdictions will implement this program primarily by following the Eastern Washington Stormwater Manual, or an equivalent manual. For both the small and large cities, it is assumed that all of these BMPs are implemented. 9.8.2 Post - Construction BMP Cost Assumptions BMP 6A - Ordinance • Assume that ordinance developed for BMP 4A also covers BMP 6A September 2003 Chapter 9 — Cost Estimates 9 -17 BMP 6B — Post - Construction Plan • Post construction plan is developed in year 3 and will describe in detail the municipal processes of: adoption of standards, stormwater plan review procedures, stormwater BMP inspection during construction, enforcement of BMP design standards, adoption of BMP O &M requirements, methods of assuring perpetual proper O &M of public and private BMPs, BMP inspection to assure proper O &M is occurring, enforcement of BMP maintenance requirements on private developments, plan review and enforcement fees, variance procedures, and so on. • Small city: Engineer 120 hours, manager 20 hours to develop post- construction plan • Large city: Engineer 200 hours, manager 40 hours to develop post- construction plan BMP 6C - Training • To develop the training materials, assume 16 hours for a supervisor, 20 hours for engineer, and 8 hours for manager in 3 permit year • A 4 -hour Plan Review and Maintenance inspection training and record- keeping course is taught by the engineer and Supervisor in 4 permit year and every subsequent year • Small city: Attendees include a plan reviewer, inspector and engineer • Large city: Attendees include 2 plan reviewers, 2 inspectors, and an engineer • Assume that 50 percent of the staff attend an annual 2 -hour refresher course for the plan reviewers, inspectors, and engineer in 5 permit year. Assume that turnover r in the need to provide ongoing fall training to 50 percent of the staff lineup starting in year 5. BMP 6D — Plan review • Small city: 30 construction sites per year are greater than one acre • Large city: 80 construction sites per year are greater than one acre • Plan reviews start in permit year 4 • Assume that each "normal" plan review, record keeping, and project correspondence takes 3 plan reviewer hours, 1 engineer hour, and 0.5 manager hour for E &S control review. Assume that 20 percent of the projects deserve special consideration because of complexity, size, type, location, phasing, or other factors and plan review time for all staff is quadrupled. • Assume that each site is subject to two plan reviews (initial & final) 9 -18 Chapter 9 — Cost Estimates September 2003 BMP 6E — Inspect Post - construction BMPs • Assume that 80 percent of construction sites will have structural post - construction controls • Assume 3 hours per inspection • Not all sites need to be inspected every year, post - construction plan will prioritize using adaptive management approach • In permit years 4 and 5, all new post - construction BMPs will be inspected • Small city: 8 post - construction controls to be inspected in year 4, 16 post - construction controls to be inspected in year 5 • Large city: 40 post - construction controls to be inspected in year 4, 80 post - construction controls to be inspected in year 5 • Number of sites that need to be inspected will escalate every year 9.8.3 Post - Construction Cost Summary For the small city, the total five -year post - construction program costs were estimated to be approximately $104,500. This included the following five -year costs for each of the BMPs: • BMP 6A (Ordinance) $0 (Cost included in BMP 4B) • BMP 6B (Post - construction plan) $11,600 • BMP 6C (Training for staff) $7,500 • BMP 6D (Review site plans) $65,900 • BMP 6E (Inspect BMPs) $19,500 For the large city, the total five -year post - construction program costs were estimated to be $233,200. • BMP 6A (Ordinance) $0 (cost included in BMP 4B) • BMP 6B (Post - construction plan) $20,000 • BMP 6C (Training for staff) $8,500 • BMP 6D (Review site plans) $174,000 • BMP 6E (Inspect BMPs) $30,600 9.8.4 Existing Practices in Eastern Washington The costs in Section 9.8.3 assume that the small and large Phase II cities are not currently implementing any post - construction program activities. A survey of eastern Washington cities and counties found that this is true in most jurisdictions. For example, most communities do not have any post - construction requirements. One county requires maintenance plans for any planned on- site stormwater facilities such as ponds. Another city has a stormwater September 2003 Chapter 9 — Cost Estimates 9 -19 ordinance that provides authority to assure maintenance of private and commercial stormwater systems within the city. Figure 9.5 graphically represents the current level of activity, on a high, medium, and low scale, for post - construction programs from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for post - construction. A low level of activity indicates jurisdictions that will probably have more work to develop a post - construction stormwater program. Syr 1.?.:.. At 4 - 3 \ e£ 'v1*`.a x - S .- ' n4 '.. ..�5°�? .,.(('!. m • . F j. p ?j ` ee2 w >.yH \�' - V sI °s w.�`A"•`�^'•", \ � " ,3`�. ;�;g, �,:ti::; f , ..;�,, ,,. `;",: , �� t, • ?}r�: z,L ' :i�iiTW •s.3;:;:.m, ., ins a = ° M�i s aj tc,•i � ; 1 0 5 10 15 20 • Number of Respondents Figure 9.5 Level of Current Activity for Post - Construction Stormwater Programs in Eastern Washington 9.9 Good Housekeeping Program Costs 9.9.1 Good Housekeeping BMPs The Model Program for good housekeeping is described in Chapter 7. The good housekeeping Model Program requires the jurisdiction to develop an operation and maintenance pian. This pian will address all the municipal activities within the jurisdiction that could significantly impact stormwater. These activities could include practices for parks or open spaces, vehicle washing BMPs, catch basin cleaning, open channel /structural controls, deicing BMPs, and other municipal activities. For both the small and large cities, it is assumed that all of these BMPs are implemented. 9.9.2 Good Housekeeping BMP Cost Assumptions BMP 7A — Develop O &M Plan • Small city: To develop plan, assume 40 hours for field staff, 80 hours for maintenance supervisor, 120 hours for engineer, and 24 hours for manager 9 -20 Chapter 9 — Cost Estimates September 2003 • Large city: To develop plan, assume 60 hours for filed staff, 100 hours for maintenance supervisor, 160 hours for engineer, and 40 hours for manager BMP 7B — Park/Open Space BMPs • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 7C — Vehicle Washing BMPs • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 7D — Dust Control • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 7E — Storm System Maintenance • Assume 40 hours (small) and 60 hours (large) by an engineer to oversee annual maintenance and keep records, manager time at 8 (small) and 16 (large) • Assume one week spent cleaning catch basins for every 10 outfalls in city • Small: Assume 4 weeks spent maintaining the rest of the storm drain system • Large: Assume 12 weeks spent maintaining the rest of the storm drain system • Small city: 2 person crew (one supervisor, one maintenance worker) • Large city: 3 person crew (one supervisor, two maintenance workers) • Catch basin cleaning is above and beyond what is already occurring to respond to complaints and for flood control (assume virtually none since no funding is dedicated for this) • Small city: 50 percent of a vacuum truck (contracted for), large city: 2 vacuum trucks financed over 10 years with annual payment to include September 2003 Chapter 9 — Cost Estimates 9-21 the cost of the fmancing plus the cost of a new one in ten years without financing • Assume $500 per year (small) and $2000 per year (large) for analytical testing of maintenance residuals (assume no hazardous loads or costs will increase). Assume that engineer spends 16 hours (small) and 30 hours (large) to analyze chemical testing data and arrange for proper disposal. 1 R1 7F — Open channel/Structural • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 7G — Deicing BMPs • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 7H — Flood Mgmt. BMPs • Activity starts in year 5 • Small city: 120 hours for field staff, 60 hours for maintenance supervisor, 24 hours for engineer, and 16 hours for manager • Large city: 200 hours for field staff, 120 hours for maintenance supervisor, 40 hours for engineer, and 24 hours for manager BMP 71— Employee Training • 8 -Hour training course covers O &M Plan and BMPs • Small city: 1 inspector, 2 field staff, 1 engineer • Large city: 2 inspectors, 5 field staff, 2 engineers • Annual refresher training is 2 hours BMP 7J — Stormwater Plans for Municipal Facilities • Small city: Assume 10 sites are screened and 4 need plans. • Large city: Assume 20 sites are screened and 6 need plans. • Year 3 is spent assessing and screening facilities, year 4 is spent preparing plans and conducting training, and year 5 and future years are spent implementing plans. 9 -22 Chapter 9 — Cost Estimates September 2003 9.9.3 Good Housekeeping Cost Summary For the small city, the total five -year good housekeeping program costs were estimated to be approximately $174,200. This included the following five -year costs for each of the BMPs: • BMP 7A (O &M Plan) $35,000 • BMP 7B (Park and Open Space BMPs) $15,000 • BMP 7C (Vehicle & Equipment Washing) $15,000 • BMP 7D (Dust Control Practices) $15,000 • BMP 7E (Storm System Maintenance) $15,000 • BMP 7F (Open Channels and Structural BMPs) $15,000 • BMP 7G (Deicing BMPs) $15,000 • BMP 7H (Flood Management) $17,300 • BMP 7I (Employee Training) $3,800 • BMP 7J (Plans for Municipal Facilities) $28,600 For the large city, the total five -year good housekeeping program costs were estimated to be $279,600 • BMP 7A (O &M Plan) $42,400 • BMP 7B (Park and Open Space BMPs) $26,000 • BMP 7C (Vehicle & Equipment Washing) $26,000 • BMP 7D (Dust Control Practices) $26,000 • BMP 7E (Storm System Maintenance) $26,000 • BMP 7F (Open Channels and Structural BMPs) $26,000 • BMP 7G (Deicing BMPs) $26,000 • BMP 7H (Flood Management) $25,500 • BMP 7I (Employee Training) $6,700 • BMP 7J (Plans for Municipal Facilities) $48,900 9.9.4 Existing Practices in Eastern Washington The costs in Section 9.9.3 assume that the small and large Phase II cities are not currently implementing any good housekeeping program activities. A survey of eastern Washington cities and counties found that this is not true in many of the jurisdictions. For example, over half of the survey respondents indicated that they clean catch basins and dry wells at least once a year. Several cities also have street sweepers. Information on additional good housekeeping practices, such as deicing and vehicle washing practices were not specifically asked for on the survey. September 2003 Chapter 9 — Cost Estimates 9 -23 Figure 9.6 graphically represents the current level of activity, on a high, medium, and low scale, for good housekeeping programs from the jurisdictions that responded to the survey. This graph is subjective, with a high level of activity representing jurisdictions that are probably meeting or even going beyond the Model Program for good housekeeping. A low level of activity indicates jurisdictions that will probably have more work to develop a good housekeeping program. f I ?ac y :. •- ; - ' ;fi, - 11111=11.111111111111111 -` fr; V a'' o �a as ;1 ::;. _ ., ::.. ,. s:: a s as - " 0 5 10 15 20 Number of Respondents Figure 9.6 Level of Current Activity for Pollution Prevention /Good Housekeeping Programs in Eastern Washington 9.10 Annual Report Costs Each Phase II community will need to submit an annual report to Ecology detailing compliance with the Phase II NPDES municipal stormwater permit (see Chapter 8 for more information). The costs to collect and write the annual report for the Phase II permit are assumed to be: • Small city: 40 hours for the engineer, 8 hours for the manager, and 16 hours for the Public Involvement Specialist_ • Large city: Annual reporting costs are assumed to be 80 hours for the engineer, 16 hours for the manager, and 40 hours for the Public Information Specialist. The total five -year annual report costs for the small municipality are estimated to be approximately $25,600 (or $5,100 /year). The total five - year annual report costs for the large municipality are estimated to be approximately $54,000 (or $10,800 /year). Appendices Appendix 9A — Small Hypothetical Phase I1 Communities Appendix 9B — Large Hypothetical Phase I1 Communities 9 -24 Chapter 9 - Cost Estimates September 2003 • , Appendix 9A - Small Hypothetical Phase 11 Communities Small City of 10,000 population Hourly staff costs (includes salary plus 40% for benefits and 100% for overhead): Technician 1 $60 1 - - - - Professional 1 $70 Professional 2 $80 Professional 3 $100 . -- NPDES Start-Up Costs Prior to Year 1 - - - - Hours Cost Professional 2 Engineer 800 $64,000 - - Professional 3 Manager 416 $41,600 - - -- - Notes _ .. Total: Start 1,216 $105,600 PublicEducation BMPs -Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost . . _ . _ _ BMP 2A -_ Stormwater Outreach Strategy Professional 1 Public Outreach Spec. 16 $1,120 16 $1,120 24 $1,680 4 $280 4 $280 64 $4,480 4 $280 Professional 2 Engineer 8 $640 8 $640 8 $640 4 4 V20 MO 4 $320 32 $2560 Professional 3 Manager 4 $400 4 $400 . _ .. . Notes target audiences develop messages fmalize plan review and update review and update Total: BMP 2A 24 $1,760 24 $1,760 36 $2,720 8 $600 8 $600 100 $7,440 $8 $600 BMP 2B - Stormwater Brochure Technician 1 Maintenance Staff 60 $3,600 60 $3,600 60 $3,600 180 $10,800 60 $3,600 Professional 1 Maint. Crew Supervisor 40 $2,800 40 $2,800 40 $2,800 120 $8,400 40 $2,800 . . . Professional 1 Public Outreach Spec. 28 $1,960 8 $560 8 $560 44 $3,080 8 $560 _ _ _ _ . _ Professional 2_ Engineer 8 $640 4 $320 4 $320 16 $1,280 4 $320 . . . Professional 3 _ Manager 4 $400 2 $200 2 $200 8 $800 2 $200 . _ . . . . _ . . . ... _ . Printing/DistributionCosts $5,670 $5,670 $5,670 $17,010 $5,670 Notes tailor brochure, distribute distribute distribute Total: IMP 2B [ 140 $15,070 114 $13,150 114 $13,150 368 $41,370 114 $13,150 September 2003 Chapter 9 - Cost Estimates (Small Hypothetical Phase 11 Communities) 9A - 1 Public Education BMPs -Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years 1 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 2D - Storm Drain Stenciling Professional 1 Public Outreach Spec. 80 $5,600 80 $5,600 80 $5,600 240 $16,800 80 $5,600 . . Professional 3 Manager 4 $400 4 $400 4 $400 12 $1,200 4 $400 Other Costs $960 $960 $960 $2,880 $960 Total: BMP 2D 84 $6,960 84 $6,960 84 $6,960 252 $20,880 84 $6,960 BMP 2J - Stormwater Web site . .. ... Professional 1 Computer specialist 100 $7,000 64 $4,480 164 $11,480 64 $4,480 Professional 1 Public Outreach Spec. 20 $1,400 12 $840 32 $2,240 12 $840 . _ . Professional 2 Engineer 20 $1,600 4 $320 24 $1,920 4 $320 Professional 3 Manager 20 $2,000 20 $2,000 Notes Total: BMP 2J 160 $12,000 80 $5,640 240 $17,640 80 $5,640 Totals: All BMPs Ch. 2 24 $1,760 24 $1,760 260 $24,750 366 $32,710 286 $26,350 960 $87 330 286 $26,350 1 1 1 1 Public Involvement BMP - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years_ ... . . . Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours eosi SNIP 3A - Public Reviewhublic meetings .... . . . . ... . . . Technician 1 Maintenance Staff 24 $1,440 24 $1,440 .. ..... . . Professional 1 Maint. Crew Supervisor 20 $1,400 20 $1,400 .. .. _ -- Professional 1 Public Outreach Spec. 80 $5,600 80 $5,600 ... ... . . ........ . . Professional 2 Engineer 56 $4,480 56 $4,480 . , ... ........ Professional 3 Manager 24 $2,400 . 24 $2,400 . ... Notes . . . , . . . . ... Total: BMP 3A 204 $15,320 204 $15,320 .. ... . . BMP 3B - News releases . . Professional 1 Public Outreach Spec. 16 $1,120 . 0 8 0 8 $560 8 $560 48 $3,360 8 $560 . . . Professional 2 Engineer 8 $640 4 $320 4 $320 4 $320 . 0 24 $1,920 4 $320 . ... . . Professional 3 Manager 4 $400 4 $400 Notes .. . .. . .... Total: BMP 3B 28 $2,160 12 $880 12 $880 12 $880 12 $880 76 $5,680 12 $880 9A - 2 Chapter 9- Cost Estimates (Sma111-1 sh etical Phase II Communities) Se " - iber 2003 • Public Involvement BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years . . _ i . I Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost . _ Additional Activity: Respond to Public Calls Technician 1 Inspector 30 $1,800 30 $1,800 30 $1,800 _ 30 $1,800 30 $1,800 150 $9,000 30 $1,800 Professional 1 Public Outreach Spec. 60 $4,200 60 $4,200 60 $4,200 60 $4,200 60 $4,200 300 $21,000 60 $4,200 Professional 2 Engineer 60 $4,800 60 $4,800 60 $4,800 60 $4,800 60 $4,800 300 $24,000 60 $4,800 Professional 3 Manager 30 $3,000 30 $3,000 30 $3,000 30 $3,000 30 $3,000 150 $15,000 30 $3,000 Total: Additional 180 $13,800 180 $13,800 180 $13,800 180 $13,800 180 $13,800 900 $69,000 180 $13,800 Totals: All BMPs Ch. 3 412 $31,280 192 $14,680 192 $14,680 192 $14,680 192 $14,680 1,180 $90,000 192 $14,680 _ . Illicit Discharge BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years _ Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 4A - Create Map Technician 1 Field Staff 80 $4,800 80 $4,800 - - - Professional 2 Engineer 30 $2,400 80 $6,400 110 $8,800 Professional 3 Manager 8 $800 16 $1,600 24 $2,400 Notes Total: BMP 4A 118 $8,000 96 $8,000 214 $16,000 BMP 4B - Ordinance Notes Total: BMP 4B $22,500 $22,500 $45,000 - , - BMP 4C - Blicit Discharg Plan . _ . _ ... Professional 1 Maint. Crew Supervisor 20 $1,400 120 $1,400 _ . Professional 2 Engineer 120 $9,600 120 $9,600 Professional 3 Manager 20 $2,000 20 $2,000 Notes Total: BMP 4C 160 $13,000 . 160 $13,000 " . BMP_4D - Conduct field inspections Technician 1 Field Staff 80 $4,800 20 $1,200 100 $6,000 20 $1,200 Professional 1 Maint. Crew Supervisor 20 $1,400 10 $700 30 $2,100 10 $700 Professional 2 Engineer , 400 $32,000 400 $32,000 400 $32,000 September 2003 Chapter 9- Cost Estimates (Small Hypothetical Phase 11 Communities) 9A - 3 _ __ ' _-_-' _ . -_-_ Illicit Discharge BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years 1 . 1 Hours Cost Hours Cost Hours Coa Hour _ _ 'Cosi Hours Cost Hours Cost Hours Cost BMP 4D - Conduct field inspections (continued) _ Professional 3 Manager 80 $8,000 80 $8,000 80 $8,000 Other Costs $6,000 $6,000 $6,000 Total: BMP 4D 100 $6,200 510 $47,900 610 $54,100 510 $47,900 BMP 4E - Spill Response Plan Professional 2 Engineer 100 $8,000 100 $8,000 Professional 3 Manager 16 $1,600 16 $1,600 Notes Total: BMP 4E 116 $9,600 116 $9,600 BMP 4F - Enforcement Plan Technician 1 Field Staff 84 $5,040 84 $5,040 168 $10,080 84 $5,040 Professional 1 Maint. Crew Supervisor 42 $2,940 42 $2,940 84 $5,880 42 $2,940 Professional 2 Engineer 80 $6,400 42 $3,360 42 $3,360 164 $13,120 42 $3,360 Notes Total: BMP 4F 96 $8,000 174 $11,940 174 $11,940 444 $31,880 174 $11 BMp 4G - Training Technician 1 Field Staff 8 $480 8 $480 8 $480 24 $1,440 8 $480_ Professional 1 Maint. Crew Supervisor Professional 2 Engineer 16 $1,280 16 $1,280 16 $1,280 48 $3,840 16 $1,280 Professional 3 Manager 2 $ 20 0 2 -_- oW 2 $2 00 � Notes _ Total: BMP 4G 30 $2,200 28 $2,080 28 $2,080 86 $6,360 28 $2,000 --�-- ----- - ---------- -----'-'-- -------------------------------------�----- --------| Totals: All B���aCb.4 118 $ 30,500 ----- -'-'----- l T --- ===�' _______�____ I ___�__--___ 9A-4 Chapter 0- Cost Estimates (SmaI! H' 'helical Phase 1! Communities) Se ter 2003 . Construction BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years 1 Number Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 5A - Ordinance Costs included in BMP 4A BMP 5B - Training for MS4 staff _ _ .._..._..._...__ .......................... ..........._._ ..._..._......._ Technician 1 Inspector 8 $480 4 $240 12 $720 4 $240 Professional 1 Inspector Supervisor 16 ._... _.._ $ 1,120 _,._..._._....... 8 $560 4 $280 28 $1,960 4 $280 Professional 1 Plan reviewer /planner 8 $560 4 $280 12 $840 4 $280 Professional 2 Engineer 20 $1,600 16 $1,280 8....... $640 44_......._._..$3 520 8 $640 Professional Manager 8 $800 8 $800 Notes develop training teach course annual refresher annual refresher Total: BMP 58 44 $3,520 40 $2,880 20 $1,440 104 $7,840 20 $1,440 BMP 5C - review site plans Professional 1 Plan reviewer 288 $20,160 288 $20,160 576 $40,320 288 $20,160 Professional Engineer 100 $8,000 100 $8,000 200 $16,000 100 $8,000 Professional 3 Manager ............................................ 48 $4,800 48 $4,800 96 $9,600 - - 48 $4,800 Notes Total: BMP 5C 436 20,160 436 $32,960 872 $65,920 436 $32,960 BNH' 5D - Receive info from public Technician 1 Inspector 170 $10,200 170 $10,200 170 $10,200 510 $30,600 170 $10,200 Technician 1 Maintenance Tech. 20 $1,200 20 $1,200 20 $1,200 60 $3,600 20 $1,200 Professional 1 Maintenance Supervisor 114 $7,980 114 $7,980 114 $7,980 342 $23,940 114 $7,980 Professional 1 Public Outreach Specialist 108 $7,560 ,100 $7,000 100 $7,000 308 $21,560 100 $7,000 Professional 3 Manager 60 $6,000 60 $6,000 60 $6,000 180 $18,000 60 $6,000 Notes Total: BMP 5D 472 $32,940 464 $32,380 464 $32,380 1400 $97,700 464 $32,380 BNH' 5K inspect sites Technician 1 Inspector 288 $17,280 288 $17,280 576 $34,560 288 $17,280 Professional 2 Engineer 114 $9,120 114 $9,120 ... 228 $18,240 114 $9,120 Professional 3 M a n a g e r 12 $1,200 12 $1200 24 $2 400 12 $1,200 September 2003 Chapter 9 - Cost Estimates (Small Hypothetical Phase 11 Communities) 9A - 5 Construction BMPs — Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years Hours It Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 5E - inspect sites (continued) inspect sites, enforcement and Notes follow -up for 20% of sites Total: BMP 5E 414 $27,600 414 $27,600 828 $55,200 414 $27,600 BMP 5F - training for operators Professional2 Engineer 20 ........ $1600 8 ._.._.......... $64(1 ..... ... 28 $2,240 8 $640 Professional 3 Manager 4 $400 4 $400 Notes collect initial info keep training info _.........__ keep training info Total: BMP 5E 24 $2,000 8 $640 32 $2,640 8 $640 Totals: _. P _ ..__. -._ ....._...... _.. .....,. ............$ $65,296 . _ $64 Totals• Al! Al Biv1Ps Ch. 5 516 $36 , 460 1378 1342 2 �496 3236 $164,252 1342 $62,496 _ ......__.,.. ..,..__.....,_....__...._..._ .................._...,....._._. ,.._.............._...,....._.. I. } Post - Construction BMPs — Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 6A - Ordinance Cost included in BMP 4A BMP 68 - Post - Construction Plan Professional 2 _ Engineer 120 $9,600 120 $9 600 Professional 3 Manager 20 $2,000 2Notes Total: BMP 6B 140 $11 600 140 $11 600 B1%H' 6C - Training for MS4 staff ician I Inspector4 $240 4 $240 80 Professional 1 Inspector Supervisor 24 $1 680 16 $1 120 40 $2,800 Professional I Plan Reviewer 4 $280 8 $560 12 $840 Professional 2 En ineer 24 $120 8 40 $2 560 nager - $800 $00 Notes Total: BMP 6C 64 $4 920 36 $2 560 100 $7 480 9A - 6 Chapter 9 — Cost Estimates (Small Hv ° ^thetical Phase 11 Communities) Se-' ,^fiber 2003 Post - Construction BMPs - Small City Year 1 Year 2 Yea r 3 Year 4 Year 5 Total _ Years 1 -5 Added Years 1 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 6D - Review site plans . Professional 1 Plan reviewer 288 $20,160 288 $20,160 576 $40,320 288 $20,160 Professional2 Engineer 100 $8,000 100 $8,000 200 $16,000 100 $8,000 Professional 3 Manager 48 $4,800 48 $4,800 96 $9,600 48 $4,800 Notes Total: BMP 6D 436 $32,960 436 $32,960 872 $65,920 436 $32,960 BMP 6E - Inspect BMPs Technician 1 Inspector 80 $4,800 120 $7,200 200 $12,000 escalating _.._.._ Professional 2 Engineer 24 ._.._............ $1,920....._ ........._.40._........._$3,200 64 ............._$ 120 ..._..._..._.._ .._....._..._..._.._.._._._.._. Professional 3 Manager 8 ....... ...................$ ..._..._..16._........._$ _.._.._..._ 400 ........_......_._. .._..........._.._..._._.._.._. Notes Total: BMP 6E 112 $7,520 176 $12,000 288 $19,520 Totals: All BMPs Ch. 6 140 $11,600 612 $45,400 648 $47,520 1400 $104,520 472 $35,520 Good Housekeeping BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years I Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 7A - Develop O &M Plan Technician 1 Field Staff 40 $2,400 40 $2,400 Professional1 Maintenance Supervisor 80 ._..._.._$ ......- ..........................._........_........_.-........._...._...-......._ ....._......_.._......._._.._.. .._..._..__80.............__$ 600 ...._..-..._.._. ._......_.._.._..._.._.._....._ Professional2 Engineer 120 $9,600 120 $9,600 Professional 3 Manager 24 $2,400 24 $2,400 Other Costs Vehicle costs $5,000 $5,000 $5,000 $15,000 $5 000 Total: BMP 7A 264 ,... $25, 000 ...... ..................._..._.._._.. $5,000 .... .__ $5,000 264 $ 35,000 .. $5,000 BMP 7B - Park/Open Space BMPs Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4 200 60 $4,200 60 $4,200 Professional Engineer 24 $1,920 24 $1920 24 $1,920 Professional3 Manager 16 $1600 16 $1600 16 $1,600 Notes Total: BMP 7B 220 $14 920 220 $14,920 220 $14,920 September 2003 Chapter 9 - Cost Estimates (Small Hypothetical Phase 1! Communities) 9A - 7 Good Housekeeping BMPs - Small City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years 1 Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 7C - Vehicle Washing BMPs Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4,200 60 $4,200 60 $4,200 Professional 2 Engineer 24 $1,920 24 $1,920 24 $1,920 Professional3 Manager 16 $1,600 16 $1,600 16 $1,600 Notes Total: BMP 7C 220 $14,920 220 $14,920 220 $14,920 BMP 7D - Dust Control BMPs Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4,200 60 $4 60 $4 200 Professional2 Engineer 24 ...._.._ $ 1,920 _..._._ 1,920 2 4 ._..._.... $ 1,920 Professional3 Manager 16 $1,600 16 $1,600 16 $1600 Notes Total: BMP 7D 220 $14,920 220 $14,920 220 $14,920 BMP 7E - Storm System Maintenance Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4,200 60 $4,200 60 $4,200 Professional 2 Engineer 24 $1,920 24 $1,920 24 $1,920 Professional 3 Manager 16 $160016 Notes Total: BMP 7E 220 $14 ....._.........._.._..._......._....._...._..........,......,.......,......._..._.__......_... ............ ............,........,__.._._.. a 92() ..._._. - 220 $14,920 220 $1492 > ...... 0 0 _........._...,.._ .... ............_....... ..,..._ .._........._...._..... BMP 7F - Open ChanneUStructural Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 6 $4,200 60 $4,200 60 $4,200 Professional - Engineer 24 $1920 24 $1920': 24 $1920 Professional3 . Manager 16 $1,600 16 $1600! 16 $1,600 Notes Total: BMP 7F 220 $14,920 220 $14,920 220 $14,920 9A - 8 Chapter 9 - Cost Estimates (Small N• - #hetica! Phase 11 Communities) Sr °nber 2003 . . . _ . . . . Good Housekeeping BMPs - Small City Year 1 Year 2 Year . . . ._ .... _ 3 Year 4 Year 5 Total - Years 1-5 Added Years . . . I Hours Cost Hours • Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 7G - Deicing BNIPs Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4,200 60 $4200 60 $4,200 Professional 2 Engineer 24 $1,920 24 $1,920 24 $1,920 Professional 3 Manager 16 $1,600 16 $1,600 16 $1,600 Notes Total: BMP 7G 220 $14,920 220 $14,920 220 $14,920 BM) 711 - Flood Mgmt BNIPs Technician 1 _ Inspector 40 $2,400 40 $2,400 40 $2,400 Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional 1 Maintenance Supervisor 60 $4,200 60 $4,200 60 $4,200 Professional . Engineer 24 $1920 24 $1920 N $1,920 Professional 3 Manager 16 $1,600 16 $1,600 16 $1,600 Notes Total: BMP '7H 260 $17,320 260 $17 260 $17,320 BMP 71 - Employee Training - - - - - Technician 1 Inspector 8 $480 8 $480 2 $120 Technician 1 Field Staff 16 $960 16 $960 4 $240 Professional 2 Engineer 24 $1,920 24 $1,920 16 $1,280 Professional 3 Manager 4 $400 4 $400 Notes Total: BMP 71 52 $3,760 52 $3,760 22 $1,640 - _ . . BMP 7J - Stormwater Plans for Municipal Facilities Technician 1 Field Staff 20 $1,200 24 $1,440 44 $2,640 Professional 2 Engineer 40 $3,200 116 $9,280 32 $2,560 188 $15,040 32 $2,560 Professional 3 Manager 6 $600 20 $2,000 8 $800 34 .. Misc. $7,500 $7,500 $7,500 Notes assess sites develop plan/train implement plan implement plan Total: BMP 7J 66 $5,000 160 $12,720 40 $10,860 266 $28,580 40 $10,860 ..., _ Totals: All BMPs Ch. 7 0 $0 0 $0 330 $30,000 160 $17,720 1672 $126,460 2162 $174,180 1642 $124,340 --- September 2003 Chapter 9 - Cost Estimates (Small Hypothetical Phase 11 Communities) 9A - 9 Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours C 1 Cost Hours Cost Hours Cost Hours Cost Hours Cost Other Costs: Annual Report Preparation . Professional 1 Public Outreach Spec. 16 $1,120 16 $1,120 16 $1,120 16 $1,120 16 $1,120 80 $5,600 16 $1,120 . . Professional 2 Engineer 40 $3,200 40 $3,200 40 $3,200 40 $3,200 40 $3,200 200 $16,000 40 $3,200 Professional 3 Manager 8 $800 8 $800 8 $800 8 $800 8 $800 40 $4,000 8 $800 Notes Total: Annual Reporting 64 $5,120 64 $5,120 64 $5,120 64 $5,120 64 $5,120 320 $25,600 64 $5,120 MIIIMMINI■1■11111■110111■ 111111111■1•111111MINININEMIIMMIN SMALL CITY Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years I Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Total Program Costs: 618 $68,660 376 $52,060 1,904 $155,410 3,074 $201,146 4,916 $344,546 10,888 $821,822 4,710 $330,426 ............ .....................--......... 9A - 10 Chapter 9- Cost Estimates (Small H. -fhetical Phase II Communities) Sr - nber 2003 Appendix 9B - Large Hypothetical Phase II Communities Large City of 50,000 population I Hourly staff costs (includes salary plus 40% for benefits and 100% for overhead): Technician 1 $60 Professional 1 $70 Professional 2 $80 Professional 3 $100 ..... NPDES Start-Up Cost Prior to Year 1 Hours Cost Professional 2 Engineer 1,200 $96,000 Professional 3 Manager 640 $64,000 Notes Total: Start 1,840 , ... ......, .. Public Education BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total-Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 2A - Stormwater Outreach Strategy . _ Professional 1 Public Outreach Spec. 16 $1,120 16 $1,120 24 $1,680 4 $280 4 $280 64 $4,480 4 $280 . .. . . . . . _ Professional 2 Engineer 8 $640 8 $640 8 $640 4 $320 4 $320 32 $2560 4 $320 . Professional 3 Manager ------ $400 . Notes target audiences develop messages fmalizeplan review and update review & update Total: BMP 2A 24 $1,760 24 $1,760 36 $2,720 8 $600 8 $600 100 $7,440 $8 $600 BMP 2B - Stormwater Brochure Technician 1 Maintenance Staff 60 $3,600 _ 60 $3,600 60 $3,600 180 $10,800 60 $3,600 . Professional 1 Maint. Crew Supervisor 40 $2,800 40 $2,800 40 $2,800 120 $8,400 40 $2,800 . . Professional 1 Public Outreach Spec. 28 $1 960 8 $560 8 $560 44 $3,080 8 $560 _ . Professional 2 Engineer 8 $640 _ 4 $320 4 $320 16 $1,280 4 $320 , Professional 3 Manager 4 $400 2 $200 2 $200 8 $800 2 $200 . _ . _ . _ Printing/pistributi n Costs . $8,330 $8,330 $8,330 $24,990 $8,330 Notes tailor brochure, distribute distribute distribute . . Total: BMP 2B 140 $17,730 114 $15,810 114 $15,810 368 $49,350 114 $15,810 September 2003 Chapter 9- Cost Estimates (Large Hypothetical Phase 11 Communities) 98 - 1 Public Education BMPs - Large City Year 1 Year 2 Year 3 Year 4 Ye fir 5 Total - Years 1-5 Added Years 1 flours Cost Hours • Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 2C - Targeted Brochures Technician 1 Maintenance Staff 60 $3,600 60 $3,600 60 $3,600 180 $10,800 60 $3,600 Professional 1 Maint. Crew Supervisor 40 $2,800 40 $2,800 40 $2,800 120 $8,400 40 $2,800 yrofessional 1 Public Outreach Spec. 28 $1,960 8 $560 8 $560 44 $3,080 8 $560 Professional 2 Engineer 8 $640 4 $320 4 $320 16 $1,280 4 $320 Professional 3 Manager . 4 $400 2 $200 2 $200 8 $800 2 $200 _ Printing/Distribution Costs $7,500 $7,500 $7,500 $22,500 $7,500 Notes tailor brochure, distribute distribute distribute Total: BMP 2C 140 $16,900 114 $14,980 114 $14,980 368 $46,860 114 $14,980 BMP 2D - Storm Drain Stenciling Professional 1 Public Outreach Spec. 188 $13,160 188 $13,160 188 $13,160 564 $39,480 188 $13,160 Professional 3 Manager 16 $1,600 16 $1,600 16 $1,600 48 $4,800 16 _ $1 OO OOO _ Other Costs $2,400 $2,400 $2,400 $7,200 $2,400 _ .. .. . . Total: BMP 2D 204 $17,160 204 $17,160 204 $17,160 612 $51,480 204 $17,160 BMP 2E - Classroom Education . . . . . . . .. Professional 1 Public Outreach Spec. 40 $2,800 40 $2,800 40 $2,800 120 _ $8,400 40 $2,800 . Professional 3 Manager 4 $400 16 $1,600 16 $1,600 36 $3,600 ..._ .. 16 $1,600 ... .. Notes Total: BMP 2E 44 $3,200 56 $4,400 56 $4,400 156 $12,000 56 $4,400 BMP 2J - Stormwater Web site - ... . _ . . _ . . . . Professional 1 Computer specialist 100 $7,000 64 $4,480 164 $11,480 64 $4,480 _ _ Professional 1 Public Outreach Spec. 20 $1,400 12 $840 32 $2,240 12 $840 , .. .. _ ... Professional 2 Engineer 20 $1,600 4 $320 24 $1,920 4 $320 .... Professional 3 Manager 20 $2,000 20 $2,000 Notes Total: BMP 2J 160 $12,000 80 $5,640 240 $17,640 80 $5,640 Totals: All BMPs Ch. 2 24 $1,760 24 $1,760 564 $57,710 656 $64,950 576 $58,590 1844 $184,770 576 $58,590 1 I 1. I I 1 98 - 2 Chapter 9- Cost Estimates (Large 1-' ••thetical Phase 11 Communities) S- 7; ber 2003 . . Public Involvement BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years I Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 3A 7 public Review/public meetings Technician 1 Maintenance Staff 48 $2,880 48 $2,880 Professional 1 Maint. Crew Supervisr 40 $2,800 40 $2,800 Professional 1 Public Outreach Spec. 160 $11,200 160 $11,200 Professional 2 Engineer 112 $8,960 112 $8,960 Professional 3 Manager 48 $4,800 48 $4,800 Notes Total: BMP 3A 408 $30,640 408 $30,640 , BMP 3B - News releases Professional 1 Public Outreach Spec. 16 $1,120 8 $560 8 $560 8 $560 8 $560 48 $3,360 8 $560 Professional 2 . . Engineer 8 $640 4 $320 4 $320 4 $320 4 $320 24 $1,920 . _ __ . . Professional 3 Manager 4 $400 Notes Total: BMP 3B 28 $2,160 12 $880 12 $880 12 $880 12 $880 76 $5,680 12 $880 Additional Activity: R spond to Public Calls Technician 1 Inspector 60 $3,600 60 $3,600 60 $3,600 60 $3,600 60 $300 300 $18,000 60 $3 600 Professional 1 Public Outreach Spec. 120 $8,400 120 $8,400 120 $8,400 120 $8,400 120 $8,400 600 $42,000 120 _ .. _ $8,400_ Professional 2 Engineer 120 $9,600 120 $9,600 120 $9,600 120 $9,600 120 $9,600 600 $48,000 - 120S9,600 Professional 3 Manager 60 $6,000 60 $6,000 60 $6,000 60 $6,000 60 $6,000 300 $30,000 60 $6,000 .. Total: Additional 360 $27,600 360 $27,600 360 $27,600 360 $27,600 360 $27,600 1,800 $138,000 360 _ $27,600 Totals: All BMPs Ch. 3 796 $60,400 372 $28,480 372 $28,480 372 $28,480 372 $28,480 2,284 $174,320 372 $28,480 Illicit Discharge BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years . Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost ii‘ii - Cr Technician 1 Field Staff 100 $6,000 100 $6,000 Professional 2 Engineer 80 $6,400 160 $12,800 240 $19,200 _ . . _ Professional Manager 16 $1,600 32 $3,200 48 $4,800 _ . . Notes _ _ _ _ . . ......... . . . . .. Total: BMP 4A 196 $14,000 192 $16,000 388 $30,000 September 2003 Chapter 9- Cost Estimates (Large Hypothetical Phase II Communities) 9B - 3 - ___�_____- Illicit Discharge BMPs - Large City Yeacl ��� 1�3 Y�4 ��5 Total Added Years - ' -- -�----'-----'---- ---- -------------- ------------� Hours Cost Hours Cost Hours Cost _��prs Hou�Cost �v�s Cost -_- Hours ��y� BMP 4B - Ordinance Notes ' ' - ' ' - - ----------- '---'----- ---'---- -----'----- ] _--- TY�|:BMP 4 � '-_-- --- -___- $ 30,000 -__-- $ 30,000 $ 60,000 _____-__------- BMP 4C_ Illicit Dimcb rgePlao Professional 1 Maint. Crew Supervisor 40 $2,800 40 o2'800 Professional 2 Engineer 100 $12,800 --_-_'_- --- 160 $12,800 Professional 3 Manager 24 $2,400 24 $2,400 _______�______ Notes Total: BMP 4C 224 $18,000 224 8 �O 8 _______ __ _ | ---- - - -' -- - ----------------------------------------------------------'- BMP40- Conduct Fb|dInspections Technician 1 Field Staff 200 $12,000 50 $3,000 250 $15,000 50 Professional 1 Maint��wS�m m, 60 ��O 20 �4� � ��� 20 ��� -__ ---�' Professional 2 Engineer I,000 $80,000 looO $80,000 1,000 _ Professional 3 Manager 200 $20,000 200$20,000200 __ $20,000 Notes --_. ---_--------� $15,000 '--' $15J00 $15,000 Total: BMP 4N 260 $16,200 1,270 $119 5,600 BMp*E- Spill Response Plan Professional 2 Engineer ---_ 150 $12,000 -__�- 150 s12o00 Professinual3 Manager . 2 4 _. $2,400 _ 2* $2,400 Notes - Total: BMP 4E 174 $14,400 174 _-_ ���wr'�v�rc�mvo�xo�o ' Technician Field Staff -__-_-- 336 $20,160 � l«0 � $20160 672 $40,320 335 $20100 Professional mY«int. Crew Supervisor l6V $11,760 168 $11,760 336 $23,520 168 $l1J00 Professional 2 Engineer l50 $l2�0O 168 ��x $13,440 486 $38,880 168 $13,440 - __-- -�_ � - Pr?aes»ioup 3 Manager - - . 24 $2,400 -_-- -_ $2,400 24 $2,400 72 $7,200 24 $2,400 [ �o�§ Total: BMP 4F 174 $14,400 696 $47,760 696 $47,760 1,566 $109,920 695 $47,700 . � 9E3-4 Chapter 9 - Cost Estimates (Large H. 'Thetical Phase 1! Communities) ' 2003 • Illicit Discharge BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost B1MP 4G - Training _ . . . . Technician I Inspector 24 $1,440 12 $720 12 $720 48 $2,880 12 $720 . . Technician 1 Field Staff 40 $2,400 20 $1,200 20 $1,200 80 $4,800 20 $1,200 Professional I Maint. Crew Supervisor . _ Professional 2 Engineer 32 $2,560 16 $1,280 16 $1,280 64 $5,120 16 $1,280 . Professional 3 Manager 8 $800 4 $400 4 $400 16 $1,600 4 $400 . _ Notes Total: BMP 4G 104 $7,200 52 $3,600 52 $3,600 208 $14,400 52 $3,600 Totals: All BMPs Ch. 4 196 $44,000 192 $46,000 676 $54,000 1008 $67,560 2018 $170,760 4090 $382,320 2017 $170,700 F 1 1 Construction BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total- Years 1-5 Added Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours - Cost BMP 5A - Ordinance Costs included in BMP 4A - - ' ' - - ----- ------- ..... BMI' 5B - Training for MS4 staff - - . Technician 1 Inspector 16 $960 8 $480 24 $1,440 8 $480 Professional 1 Inspector Supervisor 32 $2,240 16 $1,120 8 $560 56 $3,920 8 $560 - - - - Professional 1 Plan reviewer/planner 16 $1,120 8 $560 24 $1,680 8 $560 . Professional 2 Engineer 40 $3,200 16 $1,280 8 $640 64 $5,120 8 $640 Professional 3 Manager 8 $800 8 $800 Notes develop training teach course annual refresher annual refresher Total: BMP 5B 80 $6,240 64 $4,480 32 $2,240 176 $12,960 32 $2,240 BMP 5C - review site plans _ Professional 1 Plan reviewer 768 $53,760 768 $53,760 1536 $107,520 768 $53,760 Professional 2 Engineer 256 $20A80 256 $20,480 512 $40,960 256 $20,480 _ , Professional 3 Manager 128 $12,800 128 $12,800 256 $25,600 128 $12,800 Notes .. . Total: BMP 5C 1,152 $53,760 1,152 $87,040 2,304 $174,080 1,152 $87,040 September 2003 Chapter 9- Cost Estimates (Large Hypothetical Phase 11 Communities) 98- 5 • Construction BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 5D - Receive info from public Technician 1 Inspector 660 $39,600 660 $39,600 660 $39,600 1,980 $118,800 660 $39,600 Technician 1 Maintenance Tech. 60 $3,600 60 $3,600 60 $3,600 180 $10,800 60 $3,600 Professional 1 Maintenance Supervisor 330 $23,100 330 $23,100 330 $23,100 990 $69,300 330 $23,100 Professional 1 Public Outreach Specialist 308 $21,560 300 $21,000 300 $21,000 908 $63,560 300 $21,000 Professional 3 Manager 174 $17, 400 ........_. 174 $17,400 174 $17,400 522 $52,200 174 $17,400 Notes Total: BMP 5D 1532 $105,260 1524 $104,700 1524 $104,700 4580 $314,660 1524 $104,700 BMP SE - inspect sites ..._..._...._......._..._.._.._._..._...._..._.._..._..___.._..._ Technician 1 Inspector 768 $46,080 768 $46,080 1536 $92,160 768 $46080 Professional Engineer 256 $20,480 256 $20,480 512 $40,960 256 $20,480 Professional 3 Manager 32 $3,200 32 $3,200 64 $6,400 32 $3,200 Notes inspect sites, enforcement and follow -up for 20 % of sites Total: BMP 5E 1,056 $69,760 1,056 $69,760 2,112 $139,520 1,056 $69,760 BMP 5F - training for operators Professional 2 Engineer 60 $4,800 30 $2 400 90 $7,200 30 $2,400 Professional Manager 12 $1,200 4 $400 16 $1600 4 $400 Notes collect initial info .... keejtraininginfo keep training info Total: BMP 5E 72 $6,000 34 $2,800 106 $8,800 34 $2,800 Totals: All BMPs Ch. S 1612 $111,500 3868 „ $186,092 3798 $180,652 9278 $478,244 3798 $180,652 Post - Construction BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total Years 1 -5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 6A - Ordinance Cost included in BMP 4A BMP 6B - Post - Construction Plan Professional 2 Engineer 200 $16 000 200 $16,000 Professional3 Manager 40 $4,000 40 $4,000 98 - 6 Chapter 9 - Cost Estimates (Large N• `hetical Phase 1I Communities) Sr ter 2003 Post - Construction BMPs - Large City Year 1 Year 2 _.._......_ .._.......... Year 3 .. ......... ..........._...__._ - Year 4 _..._...--- ....._......_..._. Year 5 Total - Years 1 -5 _.._._.._. Added Years Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP - Post - Construction Plan (continued) _. _.... _. _.._..___..._.._.. _._.._.._.__.__.._..._.__...---......_._...... _.._._......._..._._._.._...___ ..._.............._......_ ...................................._.._..._..____..._.__._..._.._..._..._.._.._-- Notes Total: BMP 6B 240 $20,000 240 $20,000 BMP 6C - Training for MS4 staff Technician I Inspector 8 $480 8 $480 16 $960 8 $480 Professional 1 Inspector Supervisor 24 $1,680 16 $1,120 40 $2,800 16 $1 120 Professional 1 Plan Reviewer 8 $560 12 $840 20 $1,400 12 $840 Professional 2 Engineer 24 $1,920 8 $640 32 $2 560 8 $640 Professional 3 Manager 8 8 ................._...._... _..._.__..._..._.._..._..._.._. Notes ..... -... Total: BMP 6C 72 $5,440 44 $3,080 116 $8,520 44 $3,080 BMP 6D - Review site Inns - Professional I Plan reviewer 768 $53,760 768 $53,760 1536 $107,520 768 $53,760 Professional 2 Engineer 256 $20,480 256 $20,480 512 $40,960 256 $20,480 Professional 3 Manager 128 $12,800 128 $12,800 256 $25,600 128 $12,800 Notes Total: BMP 6D 1152 $87,040 1152 $87,040 2304 $174,080 1152 $87,040 BMP 6E - Inspect BMPs Technician I Inspector 128 $7,680 256 $15,360 .. !4 ........ $ . ........... 9a1 3 ating Professional 2 Engineer 24 $1,920 40 $3,200 64 $5,120 Professional Manager 8 $800 16 $1600 24 $2,400 Notes Total: BMP 6E 160 $10,400 312 $20,160 472 $30,560 Totals: All BMPs Ch. 6 240 _ $20,000 1,384 $102,880 1,508 $110,280 3,132 $233,160 1,196 $90,120 September 2003 Chapter 9 - Cost Estimates (Large Hypothetical Phase II Communities) 98 - 7 Good Housekeeping BMPw - I,argeK]ty Year 1 Year 2 Year 3 5. Total - Years 1-5 Added Years -__---�--- 1 Hours Cost Hours Com Hours �_- Cost Hours Cost Hours --_ Cost --.] Hours -'_ Cost _-] Hours Cost BM�,�A - Develop n�y� �p��uo Technician 1 Field Staff 60 $3,600 -_- 60 $3,600 Professional 1 Maintenance Supervisor 100 - $7,000 -_-__-__-- --- -___- loo s7/ Professional 2 Engineer -_- 160 $12,800 160 $12,800 Professional 3 Manager -_�- '-� 40 $4,000 4O __ Other Costs vehicle costs . ' _- -_ $5,000 $5,000 -_-__ $5,000 $15,000 $5,000 Total: BMP 7A 360 $32,400 $5,000 $5,000 360 BMP 7B_ Park/Open 8pace 13MPn Technician _� Field - ' -� - --� '-________-__'________' 200 -__ �$l�000 200 -_- $12,000 Professional l Maintenance Supervisor -' 120 _ $8,400 __ 120 __ _ $8,400 120 $8,400 __��a�����2. Engineer - � ' ' ' -' ' - ________._-__-__-____ �� �0 w --_-�__ Professional 3 Manager _ -� __ 24 __ $ 2, 4 00 _'--- 24 $ 2,400 -_- 24 __ $2 ,4 0 0 Notes Total: BMP 7B -__-_ 384 $26,000 384 384 0MP7C-Vehicle Wash BMPs ___ Technician 1 Field Stxff � -__�_ 200 $ 2nV Professkonal l Maintenance Supervisor -_-__-- 120 __ $8,400 -_ 120 _-_- $8/400 -__ 120 --_ $8,400 _ _����vsi� "�2 Engineer 40 $3,200 40 '__ Professional P ! n I Manager _ 2 4 $ 2 , 4 0 0 24 $2�OO 24 $2,400 -- -' - -_' - --- ---'- _-_--� -___ '__-_'__-- ---___ -�_. -_._--_.__-_-___--- Total: 384 ���0O� 384 ---- ------ ----------'---------'------------�------------- �---�----_------ _ - _-- . ' .'..-� -�-_--_______ 131WP,7N- Dust Control BMPs - -- - -� - ----' -��------------ ----- ----------------'----� _.T�Jodvb�l Field _ ____ _ _______________2VV$1�0Vo 200 $12,000 __ $12,000 Professional Ma�*�uooeSqe�imn _-_- 12 0 �� __ � 0 '_- }2V _-_ $*�OO -_- 12 O$8�0 0 40 $3,200 . Professional Engineer 40 $3,200 40 - Professional 3 --�-_-_ 24 -.< $ 2,4 V0 2 * __ $ 2, 4 00 -__ 24 -'_ % 2, 4 00 � . .__-_ ___ ___ Total: IMP 7D 384 $26,000 384 $26,000 384 ______- __-___---__ ___-_______-____--____-�`____________ 98- Chapter 9- Cost Estimates ('Lare Hvn',thetical Phase 1! Communities) Se~+nber2003 • Good Housekeeping BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1 -5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 7E - Storm System Maintenance Technician 1 Field Staff 200 $12,000 200 $12,000 200 $12,000 Professional 1 Maintenance Supervisor 120 $8,400 120 $8,400 120 $8,400 Professional 2 Engineer 40 $3,200 40 $3,200 40 $3,200 Professional Manager 24 $2,400 24 $2,400 24 $2,400 Notes Total: BMP 7E 384 $26,000 384 $26,000 384 $26,000 BMP 7F - Open Channel/Structural Technician 1 Field Staff 200 $12,000 200 $12,000 200 $12,000 Professional 1 Maintenance Supervisor 120 $8,400 120 $8,400 120 $8,400 P r o f e s s i o n a l Engineer 40 $3,200 40 $3,200 40 $3,200 Professional 3 Manager 24 $2,400 24 $2 400 24 $2 400 Notes Total: BMP 7F 384 $26,000 384 $26,000 384 $26,000 BMP 7G, Deicing BMPs Technician I Field Staff 200 $12,000 200 $12,000 200 $12,000 Professional 1 Maintenance Supervisor 120 $8 400 120 $8,400 120 $8,400 Professional2 Engineer 40 $3,200 40 $3,200 40 $3,200 Professional 3 Manager 24 $2,400 24 $2,400 24 $2,400 Notes Total: BMP 7G 384 $26,000 384 $26,000 384 $26,000 BMP 7H_ Flood Mgmt BMPs Technician 1 Inspector 200 $12,000 200 $12,000 200 $12,000 Technician 1 Field Staff 120 $7,200 120 $7,200 120 $7,200 Professional I Maintenance Supervisor 40 $2,800 ... ,0 ................ 40 $2,800 40 $2,800 Professional2 Engineer 24 $1,920 24 $1,920 24 $1,920 Professional3 Manager 16 $1600 16 $1600 16 $1,600 Notes Total: BMP 711 400 $25,520 400 $25,520 400 $25,520 September 2003 Chapter 9 - Cost Estimates (Large Hypothetical Phase 11 Communities) 98 - 9 Good Housekeeping BMPs - Large City Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost BMP 71 - Employee Training Technician 1 Inspector 16 $960 16 $960 4 $240 Technician 1 Field Staff 40 $2,400 40 $2,400 10 $600 Professional 2 Engineer 32 $2,560 32 $2,560 24 $1,920 Professional 3 Manager 8 $800 8 $800 Notes Total: BMP 71 96 $6,720 96 $6,720 38 $2,760 BMP 7J - Stormwater Plans for Municipal Facilities _ Technician 1 Field Staff 40 $2,400 36 $2,160 76 $4,560 Professional 2 Engineer 80 $6,400 174 $13,920 , 48 $3,840 302 $24,160 32 $2,560 Professional 3 Manager 12 $1,200 28 $2,800 12 $1,200 52 $5,200 8 $800 Other Costs $15,000 $15,000 $15,000 Notes assess sites develop plan/train implement plan implement plan Total: BMP 7J 132 $10,000 238 $18,880 60 $20,040 430 $48,920 , 40 $18,360 Totals: All BMPs Ch. 7 492 $42,400 238 $23,880 2,860 $213,280 3,590 $279,560 2,782 $207,640 1 I Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost . . . Other Costs: Annual Report Preparation .._ . . Professional 1 Public Outreach Spec. 40 $2,800 40 $2,800 40 $2,800 40 $2,800 40 $2,800 200 $14,000 40 $2,800 Professional 2 Engineer 80 $6,400 80 $6,400 80 $6,400 80 $6,400 80 $6,400 400 $32 000 80 $6,400 Professional 3 Manager 16 $1,600 16 $1,600 16 $1,600 16 $1,600 16 $1,600 80 $8,000 16 $1,600 . , Notes Total: Annual Reporting 136 $10,800 136 $10,800 136 $10,800 136 $10,800 136 $10,800 , 680 $54,000 I36 - $10,800 - - - - - - - - - ..... LARGE CITY Year 1 Year 2 Year 3 Year 4 Year 5 Total - Years 1-5 Added Years Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Total Program Costs: 1,152 $116,960 724 $87,040 4,092 $324,890 7,662 $484,642 11,268 $772,842 24,898 $1,786,374 10,877 $746,982 1 1•111189111 98 - 10 - Chapter 9 - Cost Estimates (Large H.. +hello& Phase 11 Communities) Sr iber 2003