HomeMy WebLinkAbout2010-008 Post-Construction Stormwater Runoff - YMC New Chapter 7.83 ORDINANCE NO. 2010 -08
AN ORDINANCE related to post- construction stormwater runoff regulation; adopting a new
chapter in Title 7 of the Yakima Municipal Code entitled Post - Construction
Stormwater Runoff pursuant to authority provided in the state Water
Pollution Control Act, Ch. 90.48, RCW, and the federal Water Pollution
Control Act (the Clean Water Act), 33 USC 1251 et seq.; defining the
post- construction stormwater runoff prohibitions; specifying the
procedures and standards for inspections, including right of entry;
providing for enforcement, including administrative, civil and criminal
penalties; prescribing the procedures and standards for appeals and
hearings; and, creating a new Chapter 7.83 of the City of Yakima
Municipal Code.
Section 1. Title 7 of the City of Yakima Municipal Code is amended to add YMC Chapter
7.83 to read as follows:
Chapter 7.83
POST - CONSTRUCTION STORMWATER RUNOFF
Sections:
7.83.010 Purpose.
7.83.020 Definitions.
7.83.030 Applicability.
7.83.040 Exemptions.
7.83.050 Authority.
7.83.060 Compatibility with other permit and ordinance requirements.
7.83.070 Severability.
7.83.080 Liability.
7.83.090 Authority designated.
7.83.100 Desiqn Manuals.
7.83.110 Amendments to design manuals.
7.83.120 Right of entry.
7.83.130 Procedures and requirements.
7.83.140 Post- construction performance criteria for stormwater management.
7.83.150 Project inspection for permanent stormwater BMPs.
7.83.160 Ongoing maintenance for stormwater BMPs.
7.83.170 Violations, enforcement and penalties.
7.83.180 Notice of violation.
7.83.190 Administrative penalties and measures.
7.83.200 Consent orders.
7.83.210 Compliance orders.
7.83.220 Cease and desist orders.
7.83.230 Recovery of costs incurred by the City.
7.83.240 Administrative hearing.
7.83.250 Judicial review.
7.83.260 Judicial remedies.
7.83.270 Injunctive relief.
7.83.280 Civil penalties.
7.83.290 Falsifying information.
7.83.300 Criminal penalties.
7.83.310 Remedies nonexclusive.
7.83.320 Compensatory action.
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7.83.010 Purpose
The purpose of this ordinance is to establish minimum stormwater
management requirements and controls to protect and safeguard the general
health, safety, and welfare of the public residing in the City. This ordinance
seeks to meet that purpose through the following objectives:
(1) To protect the safety and welfare of the environment and citizens,
property owners, and businesses by minimizing the negative impacts of
increased stormwater discharges from new land development and
redevelopment.
(2) To enable the City to comply with the Eastern Washington Phase II
Municipal Stormwater Permit, Washington Department of Ecology's Guidance for
UIC Wells that Manage Stormwater, and applicable federal and state regulations.
(3) To regulate the contribution of pollutants to the MS4 or UICs by
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stormwater discharges from development and redevelopment.
(4) To protect the condition of state (and U.S.) waters for all reasonable
public uses and ecological functions.
(5) To provide long -term responsibility for and maintenance of stormwater
BMPs.
(6) To facilitate the integration of stormwater management and pollution
control with other ordinances, programs, policies, and the comprehensive plan of
the City.
(7) To establish legal authority to carry out all the inspection and monitoring
procedures necessary to ensure compliance with this ordinance.
(8) To facilitate compliance with state and federal standards and permits by
owners of construction sites, developments, and permanent stormwater BMPs
within the City.
7.83.020 Definitions
' "Average Daily Traffic" or "ADT" means the expected number of vehicles
using a roadway. Projected average daily traffic volumes are considered in
designing a roadway or roadway improvement. ADT volumes shall be estimated
using "Trip Generation" published by the Institute of Transportation Engineers or
from a traffic study prepared by a professional engineer or transportation
specialist with expertise in traffic volume estimation. ADT volumes shall be
estimated for the design year or expected life of the project (the intent is for
treatment facilities to be added in the soonest period of disruptive construction).
For project sites with seasonal or varied use, evaluate the highest period of
expected traffic impacts.
"Applicant" means a person, party, firm, corporation, or other legal entity that
proposes a development, construction or use on a site.
"BMP" means Best Management Practice and may include, but is not limited
to, a schedule of activity, prohibition of practice, maintenance procedure, and
structural and /or managerial practice that, when used singly or in combination,
prevents or reduces the release of pollutants and other adverse impacts to
receiving waters.
"Building" means any structure built for the support, shelter or enclosure of
persons, animals, uses or property of any kind. Where this title requires, or
where special authority granted pursuant to this title requires that a use shall be
entirely enclosed within a building, this definition shall be qualified by adding "and
enclosed on all sides.
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"Channel" means an open conduit, either naturally or artificially created,
which periodically or continuously contains moving water, or which forms a
connecting link between two (2) bodies of water.
"Construction" means the assembly, placement, or installation of structures,
roadways, transmission lines, and other improvements within a project site.
"Dedication" is the deliberate appropriation of land by an owner for any
general and public uses, reserving to himself no other rights than such as are
compatible with the full exercise and enjoyment of the public uses to which the
property has been devoted. The intention to dedicate shall be evidenced by the
owner by the presentment for filing of a final plat or short plat showing the
dedication thereon; and the acceptance by the public shall be evidenced by the
approval of such plat for filing by the appropriate governmental unit; provided,
that no affirmative duty to maintain or improve any dedicated land shall devolve
upon the City except by resolution of the City Council adopted for the purpose of
undertaking a specified duty or duties as to specifically described land.
"Design Storm" means a prescribed hyetograph or precipitation distribution,
and the total precipitation amount for a specific duration recurrence frequency.
The design storm is used to estimate runoff for a hypothetical rainstorm of
interest or concern for the purposes of analyzing existing drainage, designing
new facilities, or assessing other impacts of a proposed project on the flow of
surface water.
"Detention" means the release of stormwater runoff from the site at a slower
rate than it is collected by the stormwater facility system, the difference being
held in temporary storage with the goals of controlling peak discharge rates and
providing gravity settling of pollutants.
"Development" means new development, redevelopment, or both. See
definitions for each.
"Director" means the Director of Community and Economic Development,
designated City employee or authorized representative.
"Easement" is a grant by a property owner to specific persons or to the public
to use land for a specific purpose or purposes.
"Flood" means an overflow or inundation that comes from a river or any other
source, including (but not limited to) streams, tides, wave action, storm drains, or
excess rainfall. Any relatively high stream flow overtopping the natural or artificial
banks in any reach of a stream.
"Groundwater Recharge Volume (Rev)" — The portion of the water quality
volume (WQv) used to maintain groundwater recharge rates at development
sites.
"High ADT Roadways and Parking Areas" means any road with ADT greater
than 30,000 vehicles per day; and parking areas with more than 100 trip ends per
1,000 SF of gross building area or greater than 300 total trip ends are considered
to be high -use traffic areas. Examples include commercial buildings with a
frequent turnover of customers and other visitors.
"High -Use Sites" generate high concentrations of oil due to high traffic
turnover or the frequent transfer of oil and /or other petroleum products. High -use
sites are land uses where sufficient quantities of free oil are likely to be present
such that they can be effectively removed with special treatment. A high -use site
is any one (1) of the following:
• A road intersection with expected ADT of 25,000 vehicles or more on the
main roadway and 15,000 vehicles or more on any intersecting roadway,
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excluding projects proposing primarily pedestrian or bicycle use improvements;
or
• A commercial or industrial site with an expected trip end count equal to or
greater than 100 vehicles per 1,000 square feet of gross building area (best
professional judgment should be used in comparing this criterion with the
following criterion); or
• A customer or visitor parking lot with an expected trip end count equal to
or greater than 300 vehicles (best professional judgment should be used in
comparing this criterion with the preceding criterion); or
• Commercial on- street parking areas on streets with an expected total
ADT count equal to or greater than 7,500; or
• Fueling stations and facilities; or
• A commercial or industrial site subject to petroleum storage and transfer
in excess of 1,500 gallons per year (not including locations where heating fuel is
routinely delivered to end users and the annual amount of heating oil used at the
site is the sole basis for the site meeting this definition; heating fuel handling and
storage facilities are subject to this definition); or
• A commercial or industrial site subject to use, storage, or maintenance of
a fleet of 25 or more diesel vehicles that are over 10 (ten) tons gross weight
(trucks, buses, trains, heavy equipment, etc.); or
• Maintenance and repair facilities for vehicles, aircraft, construction
equipment, railroad equipment or industrial machinery and equipment; or
• Outdoor areas where hydraulic equipment is stored; or
• Log storage and sorting yards and other sites subject to frequent use of
forklifts and /or other hydraulic equipment; or
• Railroad yards.
"Impaired Waters" means those streams, rivers and lakes that currently do
not meet their designated use classification and associated water quality
standards under the Clean Water Act and listed on the most current State of
Washington 303(d) list.
"Impervious surface" means a surface that has been covered with a layer of
material so that it is highly resistant to infiltration by water. It includes most
conventionally surfaced streets, roofs, sidewalks, driveways, parking lots, patios
and other similar structures.
"Industrial Stormwater Permit" means a National Pollutant Discharge
Elimination System permit issued to a commercial industry or group of industries
that regulates the pollutant levels associated with industrial stormwater
discharges or specifies on -site pollution control strategies.
"Infiltration Facility" means a drainage facility designed to use the hydrologic
process of surface and stormwater runoff soaking into the ground, commonly
referred to as a percolation, to dispose of surface and stormwater runoff. These
facilities may be above qrade or below grade.
"Infiltration" means the downward movement of water from the land surface to
the subsoil.
"Land Development" or "Development" means any clearing, excavation,
dredging, drilling, filling, dumping, removal of earth and mineral materials, or
other permanent or temporary modification of a site up to, but not including,
construction as defined in this chapter. For the purpose of this chapter,
"development" also means any manmade change to improved or unimproved
real estate located within the special flood hazard area, including but not limited
to buildings or other structures, mining, dredging, filling, grading, paving,
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excavation, drilling, temporary or permanent storage of equipment and works
defined in this chapter.
"Land Disturbing Activity" means any activity that results in movement of
earth, or a change in the existing soil cover (both vegetative and non - vegetative)
and /or the existing soil topography. Land disturbing activities include, but are not
limited to clearing, grading, filling, and excavation. Compaction associated with
stabilization of structures and road construction shall also be considered a land
disturbing activity. Vegetation maintenance practices are not considered land -
disturbing activity.
"Low ADT Roadways and Parking Areas" means urban roads with ADT fewer
than 7,500 vehicles per day; rural roads and freeways with ADT less than 15,000
vehicles per day; and parking areas with Tess than 40 trip ends per 1,000 SF of
gross building area or fewer than 100 total trip ends per day are considered to be
low -use traffic areas. Examples include most residential parking, and employee -
only parking areas for small office parks or other commercial buildings. Urban
roads are located within designated Urban Growth Management Areas; rural
roads are located outside designated Urban Growth Management Areas.
Freeways, defined as fully controlled and partially controlled limited access
highways, may be located either inside or outside of Urban Growth Management
Areas.
"Maintenance Agreement" means a legally recorded document that acts as a
property deed restriction, and that provides for long-term maintenance of
stormwater BMPs.
"Moderate ADT Roadways and Parking Areas" means urban roads with ADT
between 7,500 and 30,000 vehicles per day; rural roads and freeways with ADT
between 15,000 and 30,000 vehicles per day; and parking areas with between 40
and 100 trip ends per 1,000 SF of gross building area or between 100 and 300
total trip ends per day are considered to be moderate -use traffic areas. Examples
include visitor parking for small to medium commercial buildings with a limited
number of daily customers. Urban roads are located within designated Urban
Growth Management Areas; rural roads are located outside designated Urban
Growth Management Areas. Freeways, defined as fully controlled and partially
controlled limited access highways, may be located either inside or outside of
Urban Growth Management Areas.
"Moderate -Use Sites" means moderate ADT roadways and parking areas
(see definition above); primary access points for high- density residential
apartments; most intersections controlled by traffic signals; and transit center bus
stops. These sites are expected to generate sufficient concentrations of metals
that additional runoff treatment is needed to protect water quality in non - exempt
surface waters.
"Municipal Separate Storm Sewer System" or "MS4" means a conveyance, or
system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, manmade channels, or storm
drains): (i) owned or operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant to State Law)
having jurisdiction over disposal of wastes, storm water, or other wastes,
including special districts under State Law such as a sewer district, flood control
district or drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved management agency
under section 208 of the CWA that discharges to waters of the United States; (ii)
designed or used for collecting or conveying stormwater; (iii) which is not a
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combined sewer; and (iv) which is not part of a Publicly Owned Treatment Works
(POTW) as defined at 40 CFR 122.2.
"National Pollutant Discharge Elimination System" or "NPDES" means the
national program for issuing, modifying, revoking, and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water
Act, for the discharge of pollutants to surface waters of the state from point
sources. These permits are referred to as NPDES permits and, in Washington
State, are administered by the Washington State Department of Ecology.
"New Development" means land disturbing activities, including Class IV
general forest practices 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.
"Nonpoint Source Pollution" means pollution from any source other than from
any discernible, confined, and discrete conveyances, and shall include, but not
be limited to, pollutants from agricultural, silvicultural, mining, construction,
subsurface disposal and urban runoff sources.
"Non - Stormwater Discharge" means any discharge to the MS4 or public UIC
that is not composed entirely of stormwater.
"Non- Structural Measure" means a stormwater control and treatment
technique that uses natural processes, restoration or enhancement of natural
systems, or design approaches to control runoff and /or reduce pollutant levels.
Such measures are used in lieu of or to supplement structural practices on a land
development site. Non - structural measures include, but are not limited to:
minimization and /or disconnection of impervious surfaces; development design
that reduces the rate and volume of runoff; restoration or enhancement of natural
areas such as riparian areas, wetlands, and forests; and on -lot practices such as
rain barrels, cisterns, and vegetated areas that intercept roof and driveway
runoff.
"Owner(s)" or "Property owner(s)" means the legal owner or owners of the
property. As used herein, owner also refers to, in the appropriate context: (i) any
other person authorized to act as the agent for the owner; (ii) any person who
submits a stormwater management concept or design plan for approval or
requests issuance of a permit, when required, authorizing land development to
commence; and (iii) any person responsible for complying with an approved
stormwater management design plan.
"Permanent Stormwater BMP" means a stormwater best management
practice (BMP) that will be operational after the construction phase of a project
and that is designed to become a permanent part of the site for the purposes of
managing stormwater runoff.
"Pollutant Generating Impervious Surfaces" or "PGIS" are surfaces that are
considered to be significant sources of pollutants in stormwater runoff. Such
surfaces include those that are subject to vehicular use, industrial activities, or
storage of erodible or leachable materials that receive direct rainfall or run -on or
blow -in of rainfall. Metal roofs are considered to be PGIS unless coated with an
inert, non - leachable material. Roofs that are subject to venting of manufacturing,
commercial or other indoor pollutants are also considered PGIS. A surface,
whether paved or not, shall be considered PGIS if it is regularly used by motor
vehicles. The following are considered regularly -used surfaces: roads,
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unvegetated road shoulders, bike lanes within the traveled lane of a roadway,
driveways, parking Tots, unfenced fire lanes, vehicular equipment storage yards,
and airport runways.
"Private Development" or "Private" as used in this chapter shall mean any
land development or redevelopment upon property other than property owned in
fee or leased by the City, or a trust or authority of which the City is a beneficiary.
It is understood that certain portions of private property upon which the City or a
trust or authority of which the City is a beneficiary has an easement, right -of -way
or street is also within the definition of public property.
"Private Inspector" means an independent agency or private entity that is
retained by the applicant to conduct inspections and submit documentation to the
Director in accordance with this ordinance, and that is certified by the Director to
conduct such inspections.
"Public Development" or "Public" as used in this chapter shall mean any land
development or redevelopment upon any real property, or interest therein,
belonging to the City or a trust or authority of which the City is a beneficiary.
Public development shall also include private development whenever all or a
portion thereof will eventually be dedicated or provided for ownership, operation
and /or maintenance to the City or a public trust or authority of which the City is a
beneficiary.
"Receiving Stream or Channel" means the body of water or conveyance into
which stormwater runoff is discharged.
"Recharge" means the replenishment of underground water reserves.
"Redevelopment" means on a site that is already substantially developed, the
replacement or improvement of impervious surfaces, including buildings and
other structures, and replacement or improvement of impervious parking and
road surfaces, that is not part of a routine maintenance activity. (Any new
impervious surfaces created by a redevelopment project are subject to the
requirements for new development.)
"Responsible Party" means any individual, partnership, co- partnership, firm,
company, corporation, association, joint stock company, trust, estate,
governmental entity, or any other legal entity; or their legal representatives,
agents, or assigns that is named on a stormwater maintenance agreement as
responsible for long -term operation and maintenance of one (1) or more
stormwater BMPs.
"Retention" means the process of collecting and holding surface and
stormwater runoff with no surface outflow.
"Rural Roads" means roads located outside designated Urban Growth
Management Areas.
"Special Flood Hazard Area (SFHA)" - A Federal Emergency Management
Agency (FEMA) identified high -risk flood area where flood insurance is
mandatory for properties. An area having special flood, mudflow, or flood - related
erosion hazards, and shown on a Flood Hazard Boundary Map or a Flood
Insurance Rate Map as Zone A, AO, A1-A30, AE, A99, AH, AR, AR /A, AR/AE,
AR/AH, AR /AO, AR /A1 -A30, V1 -V30, VE, or V.
"Stop Work Order" means an order issued that requires that all construction
activity on a site be stopped.
"Stormwater Authority" means the department or agency, and its authorized
agents, which is responsible for coordinating the review, approval, and permit
process as defined by this ordinance.
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"Stormwater Best Management Practice (BMP)" means the schedules of
activities, prohibitions of practices, maintenance procedures, and structural
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and /or managerial practices approved by Ecology that, when used singly or in
combination, prevent or reduce the release of pollutants and other adverse
impacts to receiving waters.
"Stormwater Management" means the use of structural or non - structural
practices that are designed to reduce stormwater runoff pollutant Toads,
discharge volumes, peak flow discharge rates and detrimental changes in stream
temperature that affect water quality and habitat.
" Stormwater Runoff' or "Stormwater" means runoff during and following
precipitation and snowmelt events, including surface runoff, drainage and
interflow.
"Stream" means an area where surface waters flow sufficiently to produce a
defined channel or bed. A defined channel or bed is an area that demonstrates
clear evidence of the passage of water including, but not limited to, hydraulically
sorted sediments, or the removal of vegetative litter or loosely rooted vegetation
by the action of moving water. The channel or bed need not contain water year -
round. This definition is not meant to include irrigation ditches, canals,
stormwater runoff devices or other entirely artificial watercourses, unless they are
used to convey streams naturally occurring prior to construction. Those
topographic features that resemble streams but have no defined channels (i.e.,
swales) shall be considered streams when hydrologic and hydraulic analyses
done pursuant to a development proposal predict formation of a defined channel
after development.
"Structure" means anything constructed or erected, even partially, including
buildings, which requires location on the ground or attached to something having
a location on the ground.
"Underground Injection Control" or "UIC" or "UIC well" means a manmade
sub - surface fluid distribution system designed to discharge fluids into the ground
and consists of an assemblage of perforated pipes, drain tiles, or other similar
mechanisms, or a dug hole that is deeper than the largest surface dimension.
UICs can be publicly or privately owned.
"Upland flow" means stormwater runoff from lands upslope of a project site.
"Urban Roads" means roads located within designated Urban Growth
Management Areas. Partially controlled limited access highways located inside of
Urban Growth Management Areas are considered urban roads.
"Waters of the state" includes those waters as defined as "waters of the
United States" in 40 CFR 122.2 within the geographic boundaries of Washington
State and "waters of the state" as defined in Chapter 90.48 RCW which includes:
lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and
all other surface waters and water courses within the jurisdiction of the State of
Washington.
"Water Quality Volume (WQv)" means the storage needed to capture and
treat 90% of the average annual stormwater runoff volume. Numerically (WQv)
will vary as a function of long term rainfall statistical data.
"Wetland" or "Wetlands" means that area inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support, and under
normal circumstances does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs and similar areas. Wetlands do not include those artificial
wetlands intentionally created from non - wetland sites, including, but not limited
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to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities. However,
wetlands may include those artificial wetlands specifically intentionally created
from non - wetland areas to mitigate conversion of wetlands, if permitted by the
City.
7.83.030 Applicability
This ordinance shall be applicable to all land development or redevelopment,
including, but not limited to, subdivision applications and grading applications,
unless exempt pursuant to Section 7.83.040. These provisions apply to any new
development or redevelopment site within the City that meets one (1) or more of
the following criteria:
(1) New development that disturbs one (1) acre or more.
(2) Redevelopment that disturbs one (1) acre or more.
(3) Development activities that are smaller than the minimum applicable
criteria set forth above if such activities are part of a larger common plan of
development, even though multiple, separate and distinct land development
activities may take place at different times on different schedules.
7.83.040 Exemptions
(1) Activities Exempt: The following activities are exempt from this ordinance:
a) Private development that can provide for the on -site retention of the
total water (up to and including the 100 -year 24 -hour storm)
intercepted and collected by the development and the areas
(improved or unimproved) Tying and draining presently to and through
the proposed development. Submittal to the City of a drainage plan,
stamped by a professional engineer in Washington State, is required
to demonstrate this exemption.
b) Forest practices regulated under Title 222 WAC. Conversions of
forest lands to other uses are not exempt. Silvicultural roads that are
used to access other land uses subject to this ordinance are not
exempt.
c) Commercial agriculture practices involving working the land for
production. Construction of impervious surfaces are not exempt
d) Construction of oil and gas field drilling sites, oil and gas field waste
management pits, and access roads, as well as construction of oil and
gas transportation and treatment support structure such as pipelines,
natural gas treatment plants, natural gas pipeline' compressor
stations, and crude oil pumping stations.
(2) Road Maintenance: The following road and parking area maintenance
practices are exempt:
a) Pothole and square cut patching;
b) Crack sealing;
c) Resurfacing with in -kind material without expanding the road prism;
d) Overlaying existing asphalt or concrete pavement with bituminous
surface treatment (BST or "chip seal "), asphalt or concrete without
expanding the area of coverage;
e) Shoulder grading;
f) Reshaping /regrading drainage systems; and
g) Vegetation maintenance.
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(3) Road Repair and Safety Improvement: The following road, parking area
maintenance, and road safety improvement practices are exempt:
a) Removing and replacing a concrete or asphalt roadway to base
course or subqrade or lower without expanding or improving the
impervious surfaces.
b) Repairinq the roadway base or subqrade.
c) Proiects to improve motorized and /or non - motorized user safety that
do not enhance the traffic capacity of a roadway. Safety improvement
projects such as sidewalks, bike lanes, bus pullouts and other transit
improvements that replace soft shoulder with curb - and -gutter on
roadways with an average daily traffic volume of 7,500 vehicles or
more are not exempt.
d) Overlaying existing gravel, asphalt or concrete with bituminous
surface treatment (BST or "chip seal ") without expanding the area of
coverage, or overlaying BST with asphalt, without expanding the area
of coverage. For roads, these practices are exempt only if the traffic
surface will be subject to an average daily traffic volume of Tess than
7,500 on an urban road or an average daily traffic volume of less than
15,000 vehicles on a rural road, freeway, or limited access control
highway. For parking areas, these practices are exempt only if the
traffic surface will be subiect to less than 40 trip ends per 1,000
square feet of building area or 100 total trip ends.
(4) Linear construction projects: Linear construction projects, such as
pipeline or underground utility line installation, that do not result in the installation
of any impervious surface and that replace the ground surface with in -kind
material or materials with similar runoff characteristics are exempt.
(5) Prior Approval: Any part of a land development that was approved by City
Planning prior to the effective date of this ordinance.
(6) Exempt projects may be subject to YMC 7.82 Construction Stormwater
Runoff and /or YMC 7.85 Illicit Discharge.
7.83.050 Authority
This ordinance is adopted pursuant to authority conferred by and in
accordance with the provisions of the State of Washington Water Pollution
Control Law Chapter 90.48, Revised Code of Washington, and the Federal Water
Pollution Control Act (the Clean Water Act) Title 33 United States Code, Section
1251 et seq.
7.83.060 Compatibility with Other Permit and Ordinance Requirements
This ordinance is not intended to interfere with, abrogate, or annul any other
ordinance, rule or regulation, stature, or other provision of law. The requirements
of this ordinance should be considered minimum requirements, and where any
provision of this ordinance imposes restrictions different from those imposed by
any other ordinance, rule or regulation, or other provision of law, whichever
provisions are more restrictive or impose higher protective standards for human
health or the environment shall be considered to take precedence.
7.83.070 Severability
If the provisions of any article, section, subsection, paragraph, subdivision or
clause of this ordinance shall be judged invalid by a court of competent
jurisdiction, such order of judgment shall not affect or invalidate the remainder of
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any article, section, subsection, paragraph, subdivision or clause of this
ordinance.
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7.83.080 Liability
(1) Any person who undertakes or causes to be undertaken any land
development shall ensure that soil erosion, sedimentation, increased pollutant
loads and changed water flow characteristics resulting from the activity are
controlled so as to minimize pollution of receiving waters. The requirements of
this ordinance are minimum standards and a person's compliance with the same
shall not relieve such person from the duty of enacting all measures necessary to
minimize pollution of receiving waters.
(2) By approving a plan under this regulation, the City does not accept
responsibility for the design, installation, and operation and maintenance of
stormwater BMPs.
7.83.090 Authority Designated.
The Director of Community and Economic Development (Director) of the City
is hereby authorized and designated as the Official responsible for the
enforcement and administration of this Title. The Director may designate
employees within his division to act on his behalf. The use of the terms
"Stormwater Authority," "Administrative Authority," "Code Official," "Authority
Having Jurisdiction" and similar such terms as contained in this ordinance and in
the codes and standards adopted by reference under this ordinance shall be
construed as referring to the Director of Community and Economic Development
and their designees.
7.83.100 Design Manuals
(1) The Director will utilize information including technical specifications of
the latest edition of the Stormwater Management Manual for Eastern
Washington, approved local equivalent, or another technical stormwater manual
approved by Ecology, as the basis for decisions about design, implementation,
maintenance, and performance of structural and non - structural post- construction
stormwater BMPs. The Stormwater Management Manual for Eastern
Washington, or approved local equivalent, includes a list of acceptable
stormwater treatment practices, including specific design criteria for each
stormwater practice. Use of BMPs from other technical stormwater manuals
approved by Ecology shall be consistent with City climate, soils, and specific site
conditions appropriate for said BMP use. Stormwater practices that are
designed, constructed, and maintained in accordance with these design and
sizing criteria will be presumed to meet the minimum water quality performance
standards of the Eastern Washington NPDES Phase II Municipal Stormwater
Permit requirements.
(2) Use of BMPs not designed, constructed, and maintained in accordance
with manuals identified in the preceding section (7.83.090) shall be subject to
City approval and must be monitored for performance to demonstrate that they
meet the minimum water quality performance standards of the Eastern
Washington NPDES Phase II Municipal Stormwater Permit requirements.
7.83.110 Amendments to Design Manuals
(1) The Stormwater Management Manual for Eastern Washington, or
approved local equivalent, may be updated and expanded from time to time,
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based on advancements in technology and engineering, improved knowledge of
local conditions, or local monitoring or maintenance experience. The most
current version of the Stormwater Management Manual for Eastern Washington,
or approved local equivalent is to be used where referenced by this ordinance.
(2) Prior to amending or updating the approved local equivalent manual,
proposed changes shall be publicized and made available for review, and an
opportunity for comment by interested persons shall be provided
(3) If the specifications, guidelines, or other information in the Stormwater
Management Manual for Eastern Washington, or approved local equivalent, are
amended subsequent to the submittal of an application for approval pursuant to
this ordinance but prior to approval, the new information shall control and shall be
utilized in reviewing the application and in implementing this ordinance with
regard to the application. If the application has been approved and all fees paid
prior to amendment of the manual(s), the application will not require further
reviews using the amended information.
7.83.120 Right of entry
(1) General. The Director is hereby authorized and directed to enforce the
provisions of this title. The Director may employ, appoint and designate such City
employees, representatives or officers to act on his behalf in the enforcement of
this title under such control and supervision as he may specify. Any reference
herein to the Director shall also refer to designated City employees and the
manager's duty authorized representatives. The Director shall, either upon
complaint or upon his own initiative, investigate potential violations of this title. It
shall be the duty of all the City officers to assist the Director in the performance of
this duty. It shall be the duty of all officers charged with the enforcement of the
law to assist in the implementation of this title and its provisions.
(2) Entrance onto private property. When necessary to perform any duties
under this title or to investigate upon reasonable cause or complaint the
existence or occurrence of a violation of this title, the Director may enter onto
property to inspect the same or to perform any duty imposed or authorized by
this title; provided, that if such property is occupied and not a public place, the
Director shall first present proper credentials and request permission to enter;
and if such property is not occupied, the Director shall first make a reasonable
effort to locate the owners or other persons having charge or control and request
entry. If such entry is refused, the Director shall have recourse to every remedy
provided by law to secure entry. The right of entry authorized under this title
extends to any employee, officer or person who accompanies the Director.
(3) Judicial Warrant. If the Director is refused access to the property or any
part thereof, and if the Director has demonstrated a reasonable cause to believe
that a violation of this title exists, or that there is a need to inspect as part of a
routine inspection program of the City designed to verify compliance with this title
or any order issued hereunder, then upon application by the City Attorney, a
Judge of a competent jurisdiction will issue a search warrant describing the
specific location subject to the warrant. The warrant will specify what may be
searched and /or seized on the property described. The warrant will be served at
reasonable hours by the Director in the company of a uniformed police officer of
the City. In the event of an emergency that presents an imminent threat to public
health, safety or welfare as determined by the Director, inspections may take
place without the issuance of a warrant.
(4) Scope of Entry. The right of entry extends to the following matters:
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a) Entry upon the premises where a facility or activity is located or
conducted, or where relevant records are kept,
b) Access to and copying, at reasonable times, relevant records;
c) Inspection at reasonable times of any facilities, equipment (including
monitoring and control equipment), practices or operations regulated;
d) Sampling or monitoring for the purposes of assuring compliance; and
e) Inspection of any production, manufacturing, fabricating or storage
area where pollutants or non - stormwater discharges may originate,
are stored or disposed of in the sewer system, the MS4 or public UIC.
7.83.130 Procedures and Requirements
(1) Stormwater Site Plan Required: A stormwater site plan containing all
appropriate information as specified in this Ordinance shall be submitted to the
Director in conjunction with the final subdivision plat, final site plan, construction
plan, or any other land development plan subject to this ordinance, as described
in Section 7.83.020.
(2) Stormwater Site Plan Content: The stormwater site plan must ensure that
the requirements and criteria in this ordinance are being complied with and that
opportunities are being taken to minimize adverse post - development stormwater
runoff impacts from the project. Stormwater site plans generally contain maps,
charts, graphs, tables, photographs, narrative descriptions, explanations,
citations to supporting references, a record of all major permit decisions, and
other information as may be necessary for a complete review of the plan as
determined by the Director. Minimum plan contents include:
a) Common address, parcel number(s), and legal description of site.
b) Existing Conditions Evaluation. The existing conditions evaluation for
topography, drainage patterns and contributory areas, soils, ground
cover, presence of critical areas, adjacent areas, existing
development, existing stormwater facilities, and adjacent on- and off-
site utilities shall include: a topographic map of existing site
conditions with the drainage basin(s) boundaries indicated; acreage,
soil types and land cover of areas for each sub -basin affected by the
project; all perennial and intermittent streams and other surface water
features; all existing stormwater conveyances and structural control
facilities; direction of flow and exits from the site; analysis of runoff
provided by off -site areas upstream of the project site; and
methodologies, assumptions, site parameters and supporting design
calculations used in analyzing the existing conditions site hydrology.
1. Projects shall use a maximum contour interval of 2 feet.
2. Contour intervals of Tess than 2 feet may be required in flat
locations to demonstrate current and proposed drainage
performance and siting of facilities.
3. At the discretion of the City, larger scale projects or those located
in areas of sufficient relief, such as a large lot subdivision, may
use the best available topographic information; this may involve
contours on a scale lamer than the 2 -foot minimum.
4. Site limitations shall be identified, including:
I. Areas with high potential for erosion and sediment deposition
(based on soil properties, slope, etc.);
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II. Locations of sensitive and critical areas (e.q., vegetative
buffers, wetlands, steep slopes, floodplains, geologic hazard
areas, streams, etc.);
III. Observation of potential runoff contribution from off -site
basins:
IV. Adjacent properties and(or) projects that have a history of
stormwater problems, noting whether the cause of the
problem(s) has been determined; and
V. Adjacent properties and(or) projects where geotechnical
investigations have identified shallow bedrock, high
groundwater, seasonally perched groundwater, or clay lenses
in the substrata.
5. Geotechnical Site Characterization Report. A geotechnical site
characterization and report is required to demonstrate suitability of
a site for stormwater disposal. A geotechnical site
characterization is required for:
I. Projects proposing infiltration (drywells, detention facilities
receiving credit for pond bottom infiltration, etc.) or non-
standard drainage systems;
II. Projects located within or draining to a problem drainage area,
flood -prone basin, or study area as determined by the Director.
III. Projects with administrative conditions requiring a geotechnical
site characterization.
IV. In areas where there has been a long - standing record of
satisfactory performance of standard subsurface disposal
facilities and no drainage problems are known to exist, the
geotechnical site characterization requirement may be
reduced or waived after a formal written request from the
project proponent's engineer has been reviewed and accepted
by the Director.
V. When subsurface disposal is proposed:
• Test borings and /or test pits are required and shall be
located within the footprint of proposed stormwater disposal
facilities:
• For each facility, a minimum of one (1) subsurface
exploration shall be performed for up to 1200 square feet of
disposal area. Another subsurface exploration shall be
performed for each additional 15,000 square feet, or fraction
thereof, of disposal area. For a linear roadside swale, a
minimum of one (1) subsurface exploration shall be performed
every 500 feet, staggered on both sides of the road, unless
site conditions or test results indicate that additional
explorations are necessary. Subsurface explorations and
sampling shall be conducted according to applicable standards
of the American Society for Testing and Materials (ASTM);
• Subsurface explorations shall be to a depth as
recommended by the geotechnical engineer.
c) Permanent Stormwater Control Plan. The description, scaled
drawings and design calculations for the proposed post - development
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condition shall be identified in a Permanent Stormwater Control Plan,
that shall include:
1. Drainage Report
I. A map and /or drawing or sketch of the stormwater
management facilities, including the location of nonstructural
site design features and the placement of existing and
proposed structural stormwater controls, including design
water surface elevations, storage volumes available from zero
to maximum head, location of inlet and outlets, location of
bypass and discharge systems, and all orifice /restrictor sizes;
II. A narrative describing how the selected structural stormwater
controls will be appropriate and effective; cross - section and
profile drawings and design details for each of the structural
stormwater controls in the system;
III. A hydrologic and hydraulic analysis of the stormwater
management system demonstrating system performance for
all hydraulic, treatment and disposal facilities for applicable
design storms, including supporting calculations to show that
the facility is designed according to the applicable design
criteria (including stage - storage or outlet rating curves, and
inflow and outflow hydrographs);
IV. Documentation and supporting calculations to show that the
Permanent Stormwater Control Plan adequately meets the
performance criteria in this ordinance; and where applicable;
V. A narrative describing how the Permanent Stormwater Control
Plan corresponds with any applicable watershed protection
plans or Total Maximum Daily Load (TMDL) requirements.
2. Stormwater Construction Plans. Construction drawings showing
elevations and hydraulic grade lines for all existing and proposed
stormwater elements including, but not limited to, stormwater
drains, pipes, culverts, catch basins, channels, treatment BMPs,
retention BMPs, disposal and overflow facilities, and areas of
overland flow;
d) Post - Development Downstream Analysis. Development projects that
propose to discharge stormwater or upland flow offsite are required to
submit a downstream analysis report that assesses the potential off -
site water quality, erosion, slope stability, and drainage impacts
associated with the project and that proposes appropriate mitigation of
those impacts. An initial qualitative analysis should extend
downstream for the entire flow path from the project site to the
receiving water, or up to one (1) mile or to a point where the impact to
receiving waters are minimal or nonexistent, as determined by the
local jurisdiction. If a receiving water is within one - quarter ( mile,
the analysis should extend within the receiving water to one - quarter
(1/4) mile from the project site. The analysis should extend one - quarter
(1/4) mile beyond any improvements proposed as mitigation. The
analysis should extend upstream to a point where backwater effects
created by the project cease. Upon review of the qualitative analysis,
the City may require that a quantitative analysis be performed.
e) Construction Stormwater Pollution Prevention Plan. Projects meeting
the regulatory threshold and not qualifying for an Erosivity Waiver
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shall prepare a Stormwater Pollution Prevention Plan (SWPPP) for
construction activity in accordance with the City Construction
Stormwater Runoff ordinance YMC 7.82. The SWPPP shall be
implemented beginning with initial soil disturbance and continue until
final stabilization. Stormwater BMPs shall be consistent with the
Stormwater Management Manual for Eastern Washington (2004),
approved local equivalent, or another technical stormwater manual
approved by the City. The plan shall also include information on the
sequence /phasing of construction and temporary stabilization
measures and temporary structures that will be converted into
permanent stormwater controls.
f) Requirement for Maintenance Agreement & Plan: If a stormwater site
plan requires structural or nonstructural measures, the owner shall
execute a stormwater maintenance agreement prior to the City
granting final approval for the plan, or any plan of development or
other development for which a permit is required under this
Ordinance. The agreement shall be recorded in the office of the
County Auditor and shall run with the land.
1. Required Elements for Maintenance Agreement & Plan: The
stormwater maintenance agreement shall be in a form approved
by the City, and shall, at a minimum:
I. Designate Responsible Party Designate for the land
development the owner, governmental agency, or other legally
established entity (responsible party) which shall be
permanently responsible for maintenance of the structural or
non - structural measures required by the plan.
II. Pass Responsibility to Successors: Pass the responsibility for
such maintenance to successors in title.
III. Right of Entry for Stormwater Authority. Grant the City and its
representatives the right of entry for the purposes of inspecting
all stormwater BMPs at reasonable times and in a reasonable
manner. Provided, that if such property be occupied and not a
public place he shall first present proper credentials, request
permission to enter; state the reason for the request, and if
such property is unoccupied, he shall first make a reasonable
effort to locate the owners or other persons having charge or
control of the property and request permission to enter. If
such entry is refused, the City shall have recourse to every
remedy provided by law to secure entry. The right of entry
authorized for this section extends to any employee, officer, or
authorized representative that accompanies the Director or his
designated representative.
IV. Maintenance Plan: The project shall ensure the continued
performance of the maintenance obligations required by the
plan and this ordinance through a maintenance plan (which
may be an attachment to the actual maintenance agreement).
The plan shall include a list of inspection and maintenance
tasks, a schedule for routine inspection and maintenance,
actions to be taken when maintenance is required, and other
items listed in the Stormwater Management Manual for
Eastern Washington, or approved local equivalent.
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2. Maintenance Access Easements. The applicant must ensure
access from public right -of -way to stormwater management
facilities and practices requiring regular maintenance at the site for
the purpose of inspection and repair. Such access shall be
sufficient for all necessary equipment for maintenance activities.
A proper surface to accommodate these vehicles shall be
provided and maintained by the property owner. Access shall not
be blocked by fences. The property owner should not plant
Iandscapinq or construct permanent or temporary structures within
the easement. In the event that access or repairs cause the
removal of any fences, structures or Iandscapinq, the property
owner shall assume the risk and costs associated with the
removal and /or replacement. In addition, the owner shall assume
all liability for any claims filed in association with property damage
caused directly from flooding in which the City's ability to access
and maintain the facility was blocked or hampered by the property
owner. Upon final inspection and approval, a plat or document
indicating that such easements exist shall be recorded and shall
remain in effect even with the transfer of title of the property.
g) Application Requirements: Applications shall be submitted and
considered in the manner established by the City Project Permit
Application Process, YMC 16.04 and as follows:
1. Substantive Changes to Plan: No substantive changes shall be
made to an approved plan without review and written approval by
the Director. The Director may request additional data with a plan
amendment as may be necessary for a complete review of the
plan and to ensure that changes to the plan will comply with the
requirements of this ordinance.
2. Expiration of Plan Approval: The stormwater management design
plan's approval expires in one (1) year from the date of approval
unless a final plat is recorded or unless work has actually begun
on the site. The recordation of a final plat for a section of a
subdivision (or initiation of construction in a section) does not vest
the approval of the stormwater site plan for the remainder of the
subdivision. If the stormwater site plan expires, the applicant shall
file with the Director for re- approval of the stormwater
management design plan.
(3) Plan Preparation and Certification
a) Certification by Plan Preparer: The stormwater site plan shall be
prepared by a professional engineer licensed to practice in
Washington State and must be signed by the professional preparing
the plan, who shall certify that the design of all stormwater BMPs
meet the requirements of this ordinance.
b) Certification by Owner: The owner shall certify that all land clearing,
construction, land development and drainage will be done according
to the approved plan.
(4) Coordination with Other Approvals and Permits
a) Approval of Other Permits: No grading or building permit shall be
issued for land development subject to this ordinance without
approval of a stormwater management design plan.
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b) Coordination with Other Plans: Approval of the stormwater site plan
shall be coordinated by the Director with approval of a construction
stormwater pollution prevention plan (SWPPP) with regard to the
location, schedule, and /or phasing for temporary and permanent
stormwater management measures. If natural drainage features or
other natural areas are to be preserved, then these areas must be
shown and measures provided for their protection on both the
construction SWPPP and the stormwater site plan. If other elements
of the stormwater site plan utilize soils, vegetation, or other natural
features for infiltration or treatment, then these areas must be shown
on the construction SWPPP plan and measures provided for their
protection during construction.
c) Other Permits or Approvals May Be Needed: Approvals issued in
accordance with this ordinance do not relieve the applicant of
responsibility for obtaining all other necessary permits and /or
approvals from other federal, state, and /or local agencies. If
requirements vary, the most restrictive shall prevail. These permits
may include, but are not limited to: construction stormwater discharge
permits, applicable state and federal permits for stream and wetland
impacts, and applicable dam safety permits. Applicants are required
to show proof of compliance with these regulations before the City
Code Administration will issue a grading, building, or zoning permit.
d) Stormwater Measures within Flood Plain: Construction of stormwater
measures or facilities within a Federal Emergency Management
Agency (FEMA) designated floodplain shall be avoided to the extent
possible. When this is unavoidable, all stormwater BMP construction
shall be in compliance with all applicable requirements of the City's
critical areas, shorelines, floodway, flood plain and building codes.
(5) Storm Drainage Easements
a) Easement Need: Storm drainage easements shall be required where:
a development or redevelopment is traversed by a watercourse,
drainageway, channel or stream: any stormwater detention, retention
or infiltration facility or any other stormwater BMP is located on private
property. The following conditions shall apply to all easements:
b) Easement Configuration: A stormwater easement or drainage right -
of -way shall conform substantially with the lines of a watercourse.
c) Where no conveyance system exists at the adjacent down - gradient
property line or watercourse, and the discharge was previously un-
concentrated flow or significantly lower concentrated flow, then
measures must be taken to prevent down - gradient impacts.
d) Easement Dimensions: Easements shall be of a width for
construction, or maintenance, or both, as will be adequate for the
purpose. Parallel streets or parkways may be required in connection
therewith.
e) Easements Approved At The Time of Approval of Final Plat:
Easements shall be approved by the Director at the time of approval
of a final plat and shall be recorded with the City and on all property
deeds.
f) Deeds of Easement: A deed of easement shall be recorded along with
the final plat specifying the rights and responsibilities of each party to
the easement.
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(6) Performance Bond or Guarantee
a) Performance Bond or Guarantee Required: No stormwater site plans
shall be approved for Public proiects subject to this ordinance unless
the applicant furnishes a performance bond or guarantee. This is to
ensure that action can be taken by the City, at the applicant's
expense, should the applicant fail to initiate or maintain those
measures identified in the approved stormwater site plan (after being
given proper notice and within the time specified by the Director). If
the City takes such action upon such failure by the applicant, the City
shall collect from the applicant the difference should the amount of
reasonable cost of such action exceed the amount of the security
held.
b) Term of Performance Bond or Guarantee: The performance bond or
guarantee furnished pursuant to the preceding section
(7.83.130(6)a)), or the unexpended or unobliqated portion thereof,
shall be returned to the applicant within sixty (60) days of the final
acceptance of the permanent stormwater BMP by the Director.
c) Term Extended for Initial Maintenance: At the discretion of the
Director, the performance bond or guarantee may be extended
beyond the time period specified above to cover a reasonable period
of time for testing the practices during storm events and for initial
maintenance activities. For the purposes of this section, the time shall
not exceed 2 years.
d) Partial Release of Bond: The Director shall have the discretion to
adopt provisions for a partial pro -rata release of the performance bond
or guarantee on the completion of various stapes or phases of
development.
(7) As -Built Plans
a) As -Built Plans Required: All applicants are required to submit as -built
plans for any permanent stormwater management facilities located
on -site after final construction is completed. The plan must show the
final design specifications for all stormwater management facilities,
meet the criteria for as -built plans in the Stormwater Management
Manual for Eastern Washington, or approved local equivalent, and be
sealed by a registered professional engineer. A final inspection by the
Director is required before any performance bond or guarantee will be
released.
(8) Fees
a) Fee Authority. The City may obtain with each submission an
application fee established by the Director to cover expenses
connected with the review of the stormwater site plan and a technical
review fee sufficient to cover professional review services for the
project. The Director is authorized to retain a Registered Professional
Engineer or other professional consultant to advise the Director on
any or all aspects of these plans.
1. Applicants must pay review fees before the review process may
begin.
2. Application fees are payable at the time of application and are
non - refundable.
3. Application fees shall be calculated by the Director in accordance
with the fee schedule below.
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4. These fees are in addition to any other local or state fees that may
be charged under any other law, bylaw, or local ordinance.
b) Application Fees
Post - Construction Stormwater: One (1) Stormwater site
plan review, one (1) review of maintenance agreement, None
one (1) review of easements, one (1) review of
1. performance bond, coordination with other approvals and {
permits, and one (1) post- construction ins pection for
acceptance.
1. A non - refundable application fee shall be due and payable to the
City at the time an application is filed. The application fee will
provide up to eight (8) hours of services for administration, review,
inspection, and monitoring for each project.
2. The Director may require any applicant to pay an additional fee
per hour for review, inspection and monitoring services for any
project filing that requires an excess of eight (8) hours of
administration, review, inspection, and monitoring time by City
staff member(s). Said fee shall be the hourly salary rate plus
benefits for each City staff member doing this additional work
multiplied by the number of additional hours, plus any equipment
and administrative fees.
c) Revision Of Fee Schedules And Regulations Governing Fees
5. The Director may review and propose revision to its regulations
and fee schedules periodically as it sees fit.
I. Amendments shall be preceded by a public hearing.
II. The schedule of fees and charges proposed by the Director
shall be adopted by the City Council and established in this
chapter and may be altered or amended only by the City
Council.
d) Automatic Fee Schedule Adjustment.
1. Beginning on January 1, 2012 and each successive January 1st
thereafter, the City fee schedule adopted as a part of this title shall
automatically be adjusted to account for any change in the
consumer price index (CPI) as established by the U.S.
Department of Commerce for the Seattle Metropolitan Area. The
twelve -month period utilized to establish the fee schedule
adiustment will be as established by the Department of Commerce
for the Seattle CPI. Fees adjusted in this manner may be rounded
to the nearest five (5) dollar increment. This section shall not
preclude the City from modifying the base fee, where the City
Council finds it necessary to do so.
7.83.140 Post - Construction Performance Criteria for Stormwater
Management
(1) General Post - Construction Stormwater Management Criteria
a) Source Control: All projects shall apply source control BMPs selected,
designed, and maintained in accordance with the Stormwater
Management Manual for Eastern Washington, for approved local
equivalent].
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1. Use of BMPs not selected, designed, and maintained in
accordance with manuals identified in Section 7.83.090 shall be
subject to Director approval and must be monitored for
performance to demonstrate that they meet the minimum water
quality performance standards of the Eastern Washington NPDES
Phase II Municipal Stormwater Permit requirements.
b) Preservation of Natural Drainage: Natural drainage patterns should be
maintained for flood conveyances, conveyance of upland flow, and
other purposes. Discharges from the project site should occur at the
natural location to the maximum extent practicable. The preferred
options for discharge of excess stormwater are, in order of preference
to maintain natural drainage systems:
1. Maintain dispersed sheet flow to match natural conditions;
2. Infiltrate on -site;
3. Infiltrate off -site;
4. Discharge to existing ditch networks or canals, if allowed, or other
dispersal methods that allow for potential groundwater recharge;
5. Discharge to wetlands, if allowed;
6. Discharge to existing private or municipally -owned stormwater
systems, if allowed;
• 7. Evaporate on -site or off-site;,
8. Create a new outfall for discharge to surface waters;
9. Preservation of natural drainage includes stormwater infiltration if
that is the natural discharge method for the site.
10. The manner by which runoff is discharged from the project site
must not cause an adverse impact to downstream receiving
waters and down - gradient properties.
11. All outfalls must address energy dissipation as necessary.
12. The overflow of runoff in excess of the design storm quantities
must be situated or directed to where it would have overflowed
under the conditions existing prior to proposed development. The
capacity of the drainage course downstream of the development
may be required to be evaluated.
c) Discharges to Adjacent Property: Discharges from land development
subject to this ordinance, including from stormwater practices and
upland flow, shall not be discharged onto adjacent property without
appropriate authority and adequate conveyance in a natural stream or
storm sewer system. The Director may require drainage easements
where stormwater discharges must cross an adjacent or off -site
property before reaching an adequate conveyance.
d) Flow Control: New development projects that meet the regulatory
threshold and result in 10,000 square feet or more of new impervious
surfaces shall construct stormwater flow control facilities for any
discharge of stormwater directly, or through a conveyance system,
into surface water. Redevelopment projects are not required to
construct stormwater flow control facilities unless required under a
basin plan or other federal, state or local requirement. The
stormwater flow control facility shall be designed to protect stream
morphology and associated instream habitat from adverse impacts
due to increased peak flows and flow durations following
development. Flow control facilities shall be selected, designed,
21
constructed, operated and maintained consistent with guidance found
in the Stormwater Management Manual for Eastern Washington or
approved local equivalent.
1. In order to prevent localized erosion, energy dissipation at the
point of discharge is required for all projects unless site - specific
conditions warrant an exception.
2. Exemptions. Direct discharges to the following surface waters are
exempt from flow control requirements to protect stream
morphology:
I. Any river or stream that is:
• Fifth order or greater as determined from a 1:24,000 scale
map; or
• Fourth order or greater as determined from a 1:100,000 or
larger scale map.
The maps should be standard USGS maps or GIS data
sets derived from USGS base maps.
,II. Any lake or reservoir with a contributing watershed area
greater than 100 square miles.
III. Reservoirs with outlet controls that are operated for varying
discharges to the downstream reaches as for hydropower,
flood control, irrigation, or drinking water supplies.
Uncontrolled, flow - through impoundments are not exempt.
IV. Streams that flow only during runoff- producing events. The
runoff carried by the stream following the 2 -year, Type IA
rainfall event must not discharge via surface flow to a
nonexempt surface water. To be exempt, the stream may
carry runoff during an average annual snowmelt event but
must not have a period of baseflow during a year of normal
precipitation.
3. Flow Control: The Stormwater Site Plan shall provide for the on-
site detention and /or retention of the total water intercepted and
collected by the development and the areas (improved or
unimproved) lying and draining presently to and through the
proposed development, for the design storm, unless other natural
or manmade systems are available for use. Off -site stormwater
(upland flow) conveyed through a land development shall be
placed within an easement and conveyed in a manner that does
not increase upstream or downstream flooding.
4. Flow Control design calculations for peak flow and peak volume
detention requirements shall be based on full retention of the post-
development condition for the stated design storm, and the
contributing basin size, where contributing basin size refers to the
total area above the inlet or hydraulic element.
L For contributing basins of 1 /2 acre or less, the larger of the 25-
year, 3 -hour storm or the 25 -year, 24 -hour storm design storm
shall be used.
II. For contributing basin greater than 1/2 acre, the 25 -year, 24-
hour design storm shall be used.
III. The Director may determine that the development is located in
a drainage problem area, flood -prone basin, or area where the
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preceding requirements do not meet flood protection goals,
whereby the design storm may be raised accordingly.
e) Runoff Treatment
Basic Treatment: Basic treatment is intended to achieve a goal of 80%
removal of total suspended solids for an influent concentration range of
100mq /L to 200 mg /L. For influent concentration Tess than 100mg /L the
effluent goal is 20mq /L total suspended solids. For influent concentrations
greater than 200mq /L a higher treatment goal is intended.
1. Basic runoff treatment to remove solids from stormwater runoff is
required for all new development projects creating 5,000 square
feet or more of pollutant - generating impervious surface (PGIS)
areas. Treatment is required for discharges to all surface waters of
the state, including perennial and seasonal streams, lakes and
wetlands where the PGIS threshold is met. Runoff treatment is
also required for discharges of stormwater to ground where the
vadose zone does not provide adequate treatment capacity (see
Chapter 5.6 the Stormwater Management Manual for Eastern
Washington (2004), or another technical stormwater manual
approved by Ecology).
2. Basic runoff treatment is required for redevelopment projects
creating 5,000 square feet or more of PGIS where:
I. The project takes place at an industrial site as defined by EPA
(40 CFR 122.26(b)(14)) with outdoor handling, processing,
storage, or transfer of solid raw materials or finished products,
or
II. The project takes place at a commercial site with outdoor
storage or transfer of solid raw materials or treated wood
products, or
III. A need for additional stormwater control measures has been
identified through a TMDL or other water cleanup plan or other
planning process, or
IV. The project takes place at a high -use site, or
V. The project takes place in an area subject to vehicular traffic
under any of the following conditions:
• The project improves a soft shoulder to a curb and gutter
roadway with projected average daily traffic (ADT) of 7,500
or more vehicles.
• The project replaces and /or improves the surface of a
parking area where the projected number of trip ends
exceeds 40 per 1,000 square feet of building area or 100
total trip ends per day.
• The project replaces and /or improves the surface of an
urban road where the projected ADT is 7,500 or more
vehicles per day.
• The project replaces and /or improves the surface of a
freeway or rural road where the projected ADT is 15,000 or
more vehicles per day.
• The project affects the area within 500 feet of a controlled
intersection on a limited access control highway with
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•
projected ADT of 7,500 or more vehicles per day. Only this
area must be treated.
3. Exceptions: Non - pollutant generating impervious surface (NPGIS)
areas (roofs that are subject only to atmospheric deposition or
normal heating, ventilation, and air conditioning vents are
considered NPGIS, unless the roofing material is uncoated metal.
The following may also be considered NPGIS: paved bicycle
pathways and pedestrian sidewalks that are separated from and
not subject to drainage from roads for motor vehicles, fenced fire
lanes, infrequently used maintenance access roads, and "in- slope"
areas of roads. Sidewalks that are regularly treated with sand, salt
or other de -icing /anti -icing agents are not considered NPGIS) are
exempt from basic treatment requirements unless the runoff from
these areas is not separated from the runoff generated from PGIS
areas. All runoff treatment facilities must be sized for the entire
flow that is directed to them.
I. Projects that meet the requirements for dispersal and
infiltration (see Chapter 6 of the Stormwater Management
Manual for Eastern Washington (2004), particularly BMP
T5.30) and do not meet the thresholds for requiring oil
treatment are exempt from basic treatment requirements.
Discharges to surface water from projects with a total PGIS
area <5,000 square feet are exempt from basic treatment
requirements unless those areas are subject to the storage or
handling of hazardous substances, materials or wastes as
defined in 49 CFR 171.8, RCW 70.105.010, and /or RCW
70.136.020.
f) Metals Treatment: Metals treatment is required in addition to basic
treatment for new development projects with moderate -use sites,
high -use sites, and sites that meet any of the following definitions:
1. Industrial sites as defined by EPA (40 CFR 122.26(b)(14)) with
benchmark monitoring requirements for metals; or industrial sites
subject to handling, storage, production, or disposal of metallic
products or other materials, particularly those containing arsenic,
cadmium, chromium, copper, lead, mercury, nickel or zinc.
2. On- street parking areas of municipal streets in commercial and
industrial areas.
3. Highway rest areas.
4. Runoff from metal roofs not coated with an inert, non - leachable
material.
g) Metals treatment is required in addition to basic treatment for
redevelopment projects with high -use sites or high ADT roadways and
parking areas and for projects where:
1. An additional need for stormwater control measures to remove
metals has been identified through a TMDL or other water cleanup
plan, or
2. The project takes place at an industrial site that is subject to
benchmark monitoring for metals.
3. Exceptions: Unless a specific water quality problem has been
• identified, the following discharges are exempt from metals
treatment requirements:
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I. Discharges to non - fish - bearing streams.
II. Direct discharges to the main channels of the following rivers
and direct discharges to the following lakes: Naches River,
and Yakima River.
III. Subsurface discharges, unless identified as hydraulically
connected to surface waters of the State.
IV. Restricted residential and employee -only parking areas,
unless subject to through traffic.
Oil Treatment. Oil treatment is intended to achieve the goals of
no ongoing or recurring visible sheen and a daily average total
petroleum hydrocarbon concentration no greater than 10 mq /L
with a maximum of 15 mg /L for discrete (grab) samples.
h) Oil treatment is required for all high -use sites and high ADT roadways
and parking areas at new development and redevelopment projects.
Some sites will require a spill control type of oil control facility for
source control separately from or in addition to this treatment
requirement. Oil treatment/control is required in addition to any other
runoff treatment required.
1. Separator technologies for oil treatment are required only for the
following high -use sites:
I. High - density intersections with expected ADT of 25,000 or
more vehicles on main roadway and 15,000 or more vehicles
on any intersecting roadway,
II. Non - employee parking areas of commercial or industrial sites
with trip end counts greater than 100 vehicles per 1,000 SF
gross building area,
III. Areas of commercial and industrial sites subject to use,
storage, or maintenance of a fleet of 25 or more vehicles that
are over ten (10) tons gross weight, • Fueling stations and
facilities, and
IV. Sites subject to petroleum transfer in excess of 1,500 gallons
per year, not including routinely delivered heating oil.
2. For the following sites, a catch basin preceded by passive oil
control vault, such as a chamber with a turned -down elbow, may
be applied in lieu of an approved separator technology as long as
they are inspected /maintained /cleaned at least once per year or
more frequently as needs are identified:
I. A customer or visitor parking lot with an expected trip end
count equal to or greater than 300 vehicles (best professional
judgment should be used in comparing this criterion with the
preceding criterion); and
II. Commercial on- street parking areas on streets with an
expected total ADT count equal to or greater than 7,500;
3. At all other high -use sites and high ADT traffic areas subject to the
oil treatment requirement, sorptive technologies, not separators,
are required. Basic treatment methods with sorptive properties,
such as swales or filters, may be selected to fulfill this
requirement; or catch basin inserts may be used at these sites. A
catch basin preceded by passive oil control vault, such as a
chamber with a turned -down elbow, may be applied at sites with
ADT greater than 30,000 as Ionq as they are
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inspected /maintained /cleaned at least once per year or more
frequently as needs are identified.
4. High -use roadway intersections shall treat lanes where vehicles
accumulate during the signal cycle, including left and right turn
lanes and through lanes, from the beginning of the left turn pocket.
If no left turn pocket exists, the treatable area shall begin at a
distance equal to three (3) car lengths from the stop line. If runoff
from the intersection drains to more than two (2) collection areas
that do not combine within the intersection, treatment may be
limited to any two (2) of the collection areas where the cars stop.
5. High -use sites and high ADT roadways and parking areas must
treat runoff from the high -use portion of the site using oil control
treatment options in Chapter 5 of the Stormwater Management
Manual for Eastern Washington prior to discharge or infiltration.
For high -use sites located within a larger project area, only the
impervious area associated with the high -use site is subiect to oil
control treatment, but the flow from that area must be separated;
otherwise the treatment controls must be sized for the entire area.
i) Treatment Facility Sizing: Each treatment BMP shall be sized based
on a water quality design volume, or a water quality design flow rate.
1. Treatment Design Volume. Volume -based facilities shall be
designed to capture and treat 0.5 inch predicted runoff produced
for the proposed development condition from all impervious
surface areas that contribute flow to the treatment facility.
2. Treatment Design Flow Rate: Flow based treatment BMPs shall
be designed to treat the water quality flow, computed as follows:
I. Flow based treatment BMPs located upstream of detention
facilities shall be designed to treat the runoff flow rate
predicted for the proposed development condition from the
short- duration storm with a 6 -month return frequency.,
computed in accordance with the Stormwater Management
Manual for Eastern Washington, or approved local equivalent.
II. Flow based treatment BMPs located downstream of detention
facilities shall be designed to treat the runoff flow rate for the
proposed development condition calculated by the Rational
Method using the 2 -year mean recurrence interval. This
method may only be used to design facilities based on
instantaneous peak flow rates.
j) Treatment Bypass Requirements: A bypass must be provided for all
treatment BMPs unless the facility is able to convey the 25 -year 3-
hour storm without damaging the BMP or dislodging pollutants from
within it. Extreme runoff events may produce high flow velocities
through BMPs that can damage and or dislodge pollutants from within
the facility.
k) Use of Existing Wetlands: Stormwater treatment facilities are not
allowed within a wetland or its natural vegetated buffer, or to provide
treatment, except for:
1. Necessary conveyance systems approved by the local
government; or
2. As allowed in a wetland mitigation plan.
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3. When permitted, Critical Areas and Shorelines codes will also
apply.
I) Hydrologic Modification of a Wetland: Hydrologic modification of a
wetland shall not be allowed if the wetland is classified as Category 1
or Category 2 according to the Eastern Washington Wetland Rating
System unless the applicant demonstrates that preferred methods of
excess stormwater disposal (e.q., infiltration) are not possible at the
site and that other options (e.q., evaporation) would result in more
damage to the wetland by limiting inflow. Mitigation shall be required
for the impact of hydrologic modification to a wetland. Appropriate
measures include expansion, enhancement and /or preservation of a
buffer around the wetland.
m) Stormwater BMP Maintenance: All stormwater BMPs shall be
maintained in accordance with the approved and deeded stormwater
maintenance agreement and stormwater maintenance plan. The
design of stormwater facilities shall incorporate maintenance
accommodation and long -term maintenance reduction features in
accordance with guidance contained in the latest version of the
Stormwater Management Manual for Eastern Washington, or
approved local equivalent.
n) Individual Lots Not Separate Land Development: Residential,
commercial or industrial developments shall apply these stormwater
management criteria to land development as a whole. Individual
residential lots in new subdivisions shall not be considered separate
land development projects, but rather the entire subdivision shall be
considered a single land development project.
o) Location of Stormwater Facilities on Lots: Stormwater facilities within
residential subdivisions that serve multiple lots and /or a combination
of lots and roadways shall be on a lot owned and maintained by an
entity of common ownership. Stormwater practices located on
individual lots shall be maintained by the lot owner, or, at the
discretion of the Director, be placed within an easement and
maintained by an entity of common ownership.
p) Hydrologic Computation Assumptions: Hydrologic parameters shall
reflect the ultimate land development and shall be used in all
engineering calculations. All pre - development calculations shall
consider open space, woods and fields to be in good condition,
regardless of actual conditions at the time of application.
q) Authorization to Discharge to MS4: If runoff from a land development
will flow to a municipal separate storm sewer system (MS4) or other
publicly -owned storm sewer system, then the applicant shall obtain
authorization from the system's owner to discharge into the system.
The Director may require the applicant to demonstrate that the system
has adequate capacity for any increases in peak flow rates and
volumes.
r) Compliance with Federal & State Regulations: All stormwater facilities
and conveyance systems shall be designed in compliance with all
applicable state and federal laws and regulations, including the
Federal Clean Water Act and all applicable erosion and sediment
control and flood plain regulations. To the extent practical,
stormwater facilities shall not be located in areas determined to be
27
jurisdictional waters through Section 404 of the Federal Clean Water
Act and /or applicable state regulations (RCW 79.105).
s) Protect Public Health, Safety & General Welfare: The design of
stormwater BMPs shall consider public health, safety, and general
welfare. These considerations include, but are not limited to:
preventing flooding of structures and travelways; preventing standing
water in facilities, manholes, inlets, and other structures in a manner
that promotes breeding of mosquitoes; preventing attractive nuisance
conditions and dangerous conditions due to velocity or depth of water
and /or access to orifices and drops; and preventing aesthetic
nuisances due to excessive slopes, cuts and fills, and other
conditions.
(2) Enhanced Criteria for Impaired Waters
a) Land development that discharges via the City's MS4 to impaired
waters and wetlands with a stormwater waste load allocation, as
designated in the most recent Eastern Washington Phase II Municipal
Stormwater Permit, or individual municipal stormwater permit issued
to the City, by the Washington State Department of Ecology, shall
meet enhanced criteria. These may include, but are not limited to:
1. Nutrient - Sensitive Waters: Enhanced control of nutrients and
sediment for discharges to streams, lakes, and other water bodies
with excess nutrients.
2. Cold -Water Fisheries: Control of temperature increases for
discharges to designated cold -water fisheries.
3. Groundwater: Enhanced recharge and pre - treatment requirements
to protect groundwater supply.
4. Wetlands: The control of impacts to wetland hydrology, including
limiting fluctuations to the natural or pre - development wetland
hydrology.
5. Other Impairments: Enhanced bacteriological, sediment, or
pollutant controls for discharges to impaired waters.
b) In these cases, the Director may require additional storage, treatment,
filtering, infiltration, or other techniques. The use of non - structural
practices shall be used to the maximum extent practical to meet
enhanced criteria.
7.83.150 Project Inspection for Permanent Stormwater BMPs
(1) Notice of Project Commencement
a) The applicant must notify the Director at least 24 hours before the
commencement of construction of stormwater elements on all
projects. In addition, the applicant must notify the Director in advance
of construction of critical components of the stormwater practices on
the approved stormwater management design plan.
(2) Project Inspections by Code Enforcement or its Representatives
a) The Director shall conduct periodic inspections of the stormwater
practices shown on the approved stormwater management design
plan, and especially during critical installation and stabilization steps.
All inspections shall be documented in writing. The inspection shall
document any variations or discrepancies from the approved plan,
and the resolution of such issues. A final inspection by the Director is
required before any performance bond or guarantee, or portion
thereof, shall be released.
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(3) Inspection by Certified Inspector
a) At its discretion, the Director may authorize the use of private
inspectors to conduct and document inspections during project
construction. Such private inspectors shall submit all inspection
documentation in writing to the Director or designated representative.
All costs and fees associated with the use of private inspectors shall
be the responsibility of the applicant.
b) If the use of private inspectors is authorized, the City shall maintain a
training and certification program, authorize inspectors trained by an
Ecology approved training program, or authorize another entity to
maintain such a program. All private inspectors shall be certified prior
to conducting any inspections or submitting any inspection
documentation to the City.
c) If private inspectors are utilized, then inspections by the Director may
be reduced in frequency. However, the Director shall remain the
responsible entity for ultimate inspection, approval, and acceptance of
all stormwater BMPs, and for issuance of the Certificate of Completion
in accordance with the following section.
(4) Stormwater Certificate of Completion
a) Subsequent to final installation and stabilization of all stormwater
BMPs shown on the stormwater management design plan,
submission of all necessary as -built plans, and final inspection and
approval by the Director, the Director shall issue a Stormwater
Certificate of Completion for the project. In issuing such a certificate,
the Director shall determine that all work has been satisfactorily
completed in conformance with this Ordinance.
b) Issuance of a Stormwater Certificate of Completion shall be required
for the Owner to receive a Certificate of Occupancy.
7.83.160 Ongoing Maintenance for Stormwater BMPs
(1) Maintenance Responsibility
a) The responsible party named in the recorded stormwater
maintenance agreement (YMC 7.83.130(2)f)1) shall maintain in good
condition and promptly repair and restore all structural and non-
structural stormwater BMPs and all necessary access routes and
appurtenances (grade surfaces, walls, drains, dams and structures,
vegetation, erosion and sedimentation controls, and other protective
devices). Such repairs or restoration and maintenance shall be in
accordance with the approved stormwater manaqement design plan,
the stormwater maintenance agreement, and the stormwater
maintenance plan.
(2) Maintenance Inspection by the Director or his Representatives
a) The Director shall conduct periodic inspections for all stormwater
• practices for which a Stormwater Certificate of Completion has been
issued in accordance with (YMC 7.83.150(4)). All inspections shall be
documented in writinq. The inspection shall document any
maintenance and repair needs and any discrepancies from the
stormwater maintenance agreement and stormwater maintenance
plans.
29
(3) Maintenance Inspection by Certified Inspector
a) At his discretion, the Director may authorize the use of private
inspectors to conduct and document ongoing maintenance
inspections. Such private inspectors shall submit all inspection
documentation in writing to the Director. All costs and fees associated
with the use of private inspectors shall be the responsibility of the
responsible party.
b) If the use of private inspectors is authorized, the Director shall
maintain a training and certification program, authorize inspectors
trained by an Ecology approved training program, or authorize
another entity to maintain such a program. All private inspectors shall
be certified prior to conducting any inspections or submitting any
inspection documentation to the Director or designated
representative.
c) If private inspectors are utilized, then inspections by the Director, as
provided in YMC 7.83.160(2), may be reduced in frequency.
However, the Director shall remain the responsible entity for ultimate
inspection of stormwater practices and any enforcement actions
necessary under YMC 7.83.170 of this Ordinance.
(4) Records of Maintenance Activities
a) The responsible party shall make records of the installation and of all
maintenance and repairs, and shall retain the records for at least five
(5) years. These records shall be made available to the Director
during inspection of the practice and at other reasonable times upon
request.
(5) Failure to Provide Adequate Maintenance
a) In the event that the stormwater BMP has not been maintained and /or
becomes a danger to public safety or public health, the Director shall
notify the responsible party by registered or certified mail. The notice
shall specify the measures needed to comply with the maintenance
agreement and the maintenance plan and shall specify that the
responsible party has thirty (30) days or, if allowed by the Director in
writing, other time frame mutually agreed to between the Director and
the responsible party, within which such measures shall be
completed. If such measures are not completed, then the Director
shall pursue enforcement procedures pursuant to YMC 7.83.170.
b) If a responsible person fails or refuses to meet the requirements of an
inspection report, maintenance agreement, or maintenance plan the
Director, after thirty (30) days written notice (except, that in the event
the violation constitutes an immediate danger to public health or
public safety, 24 hours notice shall be sufficient), may correct a
violation of the design standards or maintenance requirements by
performing the necessary work to place the practice in proper working
condition. The Director may assess the responsible party of the
practice for the cost of repair work which shall be a lien on the
property, or prorated against the beneficial users of the property, and
may be placed on the tax bill and collected as ordinary taxes by the
City.
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7.83.170 Violations, Enforcement and Penalties
Notwithstanding other requirements of law, as soon as any responsible
person has information of any release of materials from a stormwater BMP to
City property, the MS4, a public UIC, or any water of the State, said person shall
take all necessary steps to ensure the discovery, containment and cleanup of
such release. In the event of a release of these materials, said person shall
immediately notify Code Enforcement of the occurrence. Within five (5) days after
the occurrence, the discharger shall follow up with a written notification to the
Code Enforcement Division of the City. The notification shall include the location
of the discharge, date and time thereof, type of waste, and corrective actions
taken or required. Any discharger who discharges prohibited materials shall be
liable for any expense, loss or damage to the City's stormwater system, in
addition to any other liability established by this chapter or other City ordinance
and the amount of any fines, penalties, damages or costs assessed against the
City by any state or federal agency, court of law or private individual, as a result
of the discharge.
7.83.180 Notice of Violation
Whenever the Director finds that a person is in violation of this chapter, or an
order issued hereunder, the Director may serve upon said individual or entity
written notice of the violation. Within ten (10) days of the receipt of this notice, an
explanation of the violation and a plan for the satisfactory correction and
prevention thereof, including specific required actions, shall be submitted to the
Director. Submission of this plan does not relieve the person of liability for any
violations occurring before or after receipt of the notice of violation. Nothing in
this section shall limit the authority of the City to take any action, including
emergency actions or any other enforcement action, without first issuing a notice
of violation.
7.83.190 Administrative Penalties and Measures
Notwithstanding any other section of this chapter, any person who is found in
violation of any provision of this chapter, or orders issued hereunder, is subject to
penalties in an amount up to one thousand dollars ($1,000) per violation. Each
week on which noncompliance occurs or continues on a non - emergency basis,
without an imminent threat to public health and safety, shall be deemed a
separate and distinct violation. Each day on which noncompliance occurs or
continues, with an imminent threat to public health and safety, shall be deemed a
separate and distinct violation. Unpaid charges and penalties shall constitute a
lien against the responsible person's property. Issuance of an administrative
penalty shall not be a prerequisite for taking any other action against the person.
7.83.200 Consent Orders
(1) The Director is hereby empowered to enter into consent decrees, agreed
orders, officially accepted assurances of voluntary compliance or other similar
documents establishing an agreement with the person responsible for the
violation of this chapter. Such orders shall include specific action required by the
person to correct the noncompliance within a time period specified by the
consent decree, agreed order or other document of assurance of voluntary
compliance. Such schedules may not extend the compliance date beyond
applicable State or federal deadlines. Consent decrees shall have the same force
31
and effect as compliance orders issued pursuant to YMC 7.83.210 and are
enforceable in court.
(2) Failure to comply with any terms or requirements of a consent decree,
agreed order or other document of assurance of voluntary compliance, by the
person shall be an additional and independent basis for enforcement action
authorized under this chapter as determined by the Director.
7.83.210 Compliance Orders
(1) When the Director finds that a person has violated or continues to violate
this chapter or any consent decree, agreed order or document of assurance of
voluntary compliance issued hereunder, the Director may issue a compliance
order to the person responsible for the violation directing compliance within a
specified time period. Compliance orders may also contain such other
requirements as necessary to address the noncompliance, including the
installation and management of BMPs and other measures designed to minimize
the amount of pollutants discharged to City property, the MS4, public UICs and
waters of the State. A compliance order may not extend the deadline for
compliance established by a state or federal requirement or standard, nor does a
compliance order release the person of liability for any violation, including any
continuing violation. Issuance of a compliance order shall not constitute a
prerequisite for taking any other action against the person.
(2) Failure to comply with any terms or requirements of a compliance order
by the person shall be an additional and independent basis for enforcement
action authorized under this chapter as determined by the Director.
7.83.220 Cease and Desist Orders
When the Director finds that a person has violated or continues to violate this
chapter or any order issued hereunder, the Director may issue an order to cease
and desist all such violations and direct the responsible person to: (1) comply
forthwith; and, (2) take such appropriate remedial or preventive action as
necessary to address a continuing or threatened violation, including halting work
operations. Issuance of a cease and desist order shall not constitute a
prerequisite to taking any other action against the person as determined by the
Director.
7.83.230 Recovery of Costs Incurred by the City
Any person violating any of the provisions of this chapter who discharges or
causes a discharge producing a deposit or obstruction or causes damage to or
impairs the City's property, MS4, UIC, or water of the State shall be liable to the
City for all costs, reasonable expenses, losses, fines or damage caused by such
violation or discharge. Said person is subject to the costs incurred by the City for
any cleaning, repair, replacement work, monitoring and testing or other damages
caused by the violation or discharge. Refusal to pay the assessed costs shall
constitute a violation of this chapter enforceable under the provisions of Sections
7.83.310 to 7.83.330 of this chapter.
7.83.240 Administrative Hearing
(1) A person responsible for a violation of this chapter shall have the right to
an administrative hearing to contest the City's determination: (1) to impose
administrative penalties; (2) to bill the person for costs incurred by the City as a
result of the violation or discharge; or, (3) that the discharger has violated a
32
consent decree, agreed order, compliance order, cease and desist order or other
agreement or order of the City imposed by this chapter.
(2) Any hearing pursuant to this section must be requested in writing within
fifteen (15) days after the receipt of notice of the City's determination and shall be
filed with the Director. Failure to submit a timely notice shall be deemed a failure
to exhaust administrative remedies and shall preclude further review. However,
as an exception, any person failing to request a timely hearing based on alleged
extenuating circumstances has the burden of proof in establishing the
circumstances justifying the late request. The City will conduct the hearing within
twenty (20) days of the receipt of the request.
(3) The administrative hearing authorized by this section will be held before
the City Manager or the City Manager's designee. Formal rules of evidence will
not apply but the person and the City shall have the right to present witnesses
and documentary evidence. The City Manager or the City Manager's designee
will issue a written decision within fifteen (15) days of the conclusion of the
hearing.
(4) Any person requesting a hearing shall have the right to make an
electronic or stenographic record of the proceedings. Such record shall be made
at the expense of the person requesting it.
(5) Except as otherwise provided, all decisions by the City Manager or City
Manager's designee shall be final and conclusive on all parties unless appealed
to the City Council under YMC 7.83.250.
7.83.250 Judicial Review
The decision of the City Council on an appeal of the decision of the City
Manager or the City Manager's designee shall be final and conclusive unless
within twenty (20) days from the date of its decision, a petition for review is filed
in Yakima County Superior Court in the manner prescribed by law.
7.83.260 Judicial Remedies
The Director, through the City Attorney, may commence an action for
appropriate legal and /or equitable relief in Yakima County Superior Court against
any person responsible for a non - stormwater discharge, including pollutants,
onto City property, into the City's MS4 or public UIC, or into any water of the
State in violation of this ordinance or any order issued hereunder. Such judicial
action may be in lieu of or in addition to any other administrative or legal
enforcement proceedings authorized herein.
7.83.270 Injunctive Relief
Whenever a person has violated or continues to violate the provisions of this
chapter or any order issued hereunder, the Director, through the City Attorney,
may petition the Yakima County Superior Court for the issuance of a temporary
restraining order, preliminary or permanent injunction or all of the above which
restrains or compels the activities of the responsible person. The Director shall
have such remedies to collect fees associated with legal costs. The City may
also seek such other legal and /or equitable relief as deemed appropriate. A
petition for injunctive relief need not be filed as a prerequisite to taking any other
action against the responsible person.
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•
•
7.83280 Civil Penalties
(1) Any person who has violated or continues to violate an order of the City,
or who fails to comply with: (a) any provision of this chapter, or (b) any rule or
order of the City, issued pursuant to this chapter, is subiect to a civil penalty. The
amount of such civil penalty shall be up to one thousand dollars ($1,000) per
violation, plus actual damages, costs and expenses incurred by the City. Each
week on which non - compliance occurs or continues on a non - emergency basis,
without an imminent threat to public health and safety, shall be deemed a
separate and distinct violation. Each day on which non - compliance occurs or
continues, with an imminent threat to public health and safety, shall be deemed a
separate and distinct violation. Civil penalties that are not paid shall constitute a
lien against the responsible person's property. In addition, the Wastewater
Manager may recover reasonable attorney's fees and court costs associated with
the enforcement activities, including sampling and monitoring expenses.
(2) The Director may petition the Yakima County Superior Court to impose,
assess and recover such civil penalties. In determining the amount of liability, the
court will take into account all relevant circumstances, including, but not limited
to, the extent of harm caused by the violation, the magnitude and duration of the
violation, any economic benefit gained through the violation, corrective actions,
the compliance history of the person and any other relevant factors.
(3) Filing suit for civil liability shall not be a prerequisite for taking any other
action against a person.
7.83.290 Falsifying Information
Any person who knowingly makes any false statements, representations or
certifications in any application, record, report, plan or other document filed or
required to be maintained pursuant to this chapter, or who falsifies, tampers with
or knowingly renders inaccurate any monitoring device or method required under
this chapter (in addition to civil and /or criminal penalties otherwise provided by
law) shall, upon conviction, be guilty of a misdemeanor _punishable by a fine of
not more than one thousand dollars ($1,000) per violation per day plus costs of
prosecution or imprisonment not to exceed ninety (90) days or both.
7.83.300 Criminal Penalties
Except as otherwise specifically provided herein, any person who willfully,
knowingly, recklessly or negligently violates any provision of this chapter through
any act or omission shall, upon conviction, be guilty of a gross misdemeanor,
punishable by a fine of not more than five thousand dollars ($5,000) or
imprisonment not to exceed one year, or by both such fine and imprisonment.
Each violation and each day of violation shall constitute a separate offense.
7.83.310 Remedies Nonexclusive
The provisions in Sections 7.83.170 to 7.83.310 of this chapter are not
exclusive remedies. The City reserves the right to take any, all, or any
combination of these actions against a person in violation of this chapter.
7.83.320 Compensatory Action
In lieu of enforcement proceedings, penalties and remedies authorized by
Sections 7.82.200 to 7.82.230 of this Ordinance, the City may consider
34
alternative compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, surface water cleanup and other measures.
7.83.330 Publication of Enforcement Actions
A list of all persons or entities that experience a significant violation of this
ordinance during the previous twelve (12) months may be published, at least
annually, by the City in the largest local daily newspaper of general circulation.
For the purposes of this provision, a violation is a significant violation if it meets
one or more of the following criteria:
1. An release of material from a site to City property, the MS4, a public UIC,
or any water of the State that has caused imminent endangerment to public
health, safety or welfare or to the environment, or has resulted in the City's
exercise of its emergency authority under YMC 7.82.230 to halt or prevent such a
• discharge;
2. Any other violation or group of violations that causes the City to expend
additional time or expense in cleaning up a discharge on City property, in the
stormwater system or public UIC.
Section 2. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is
declared invalid or unconstitutional for any reason, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 3. The ordinance codified in this chapter shall go into effect within the City of Yakima on
February 16, 2011.
PASSED BY THE CITY COUNCIL, signed and approved this 16 day of February, 2010.
' 1 ( )146,1_ Vic,
Micah Cawley, Mayor
ATTEST:
.� h • _ (dr
City Cler
Publication Date: February 19, 2010
Effective Date: February 16, 2011
35
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /7 8
For Meeting of: February 16, 2010
ITEM TITLE: An Ordinance related to Post-Construction Stormwater Runoff — creating a new
Chapter 7.83
SUBMITTED BY: Bill Cook, Community and Economic Development Manager
Doug Mayo, P.E., City Engineer
Randy Meloy, P.E., Surface Water Engineer
CONTACT PERSON/TELEPHONE: Randy Meloy, P.E., Surface Water Engr. 509/576-6606
SUMMARY EXPLANATION:
Federal and State laws mandate that the City of Yakima adopt an ordinance to regulate the
contribution of pollutants to the City's Municipal Separate Storm Sewer System (MS4) and
public Underground Injection Control (UIC) wells by stormwater discharges from permanent
stormwater facilities. The mandated Construction Stormwater Runoff regulations are contained
in the City's National Pollutant Discharge Elimination' System (NPDES) Phase II Municipal
• Stormwater Permit Section S5.B.5 and Washington Department of Ecology's Stormwater
Management Manual for Eastern Washington.
The Regional Stormwater Policy Group drafted a model Construction Stormwater Ordinance
and each agency was instructed by the Regional Stormwater Lead to modify the model
ordinance as needed to address enforcement protocols and formatting. The City of Yakima held
a public meeting on January 22, 2010 to hear public comments on the proposed Post-
Construction Stormwater Runoff Ordinance. Public comments with Staff responses are attached
for Council information.
The City of Yakima's NPDES permit requires that this ordinance be adopted by February 16,
2010, with the effective date of the ordinance being February 16, 2011.
Resolution Ordinances X Other (Specify) January 22 Public Meeting Comments
Contract Mail to (name and address): Phone:
Funding Source:
APPROVED FOR SUBMITTAL: r: City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council's adoption of Chapter 7.83, a
new chapter related to Post-Construction Stormwater Runoff to the City's stormwater systems.
BOARD/COMMISSION RECOMMENDATION:
40 COUNCIL ACTION: