HomeMy WebLinkAbout02/16/2010 17A Construction Stormwater Runoff - YMC New Chapter 7.82 S BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 17
For Meeting of: February 16, 2010
ITEM TITLE: An Ordinance related to Construction Stormwater Runoff — creating a
Chapter 7.82
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. 5091576-6606
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 development
and redevelopment projects. The mandated Construction Stormwater Runoff regulations are
contained in the City's National Pollutant Discharge Elimination System (NPDES) Phase II
0 Municipal Stormwater Permit Section S5.B.4 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 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: ''',...G. City Manager
STAFF RECOMMENDATION: Staff respectfully requests Council's adoption of Chapter 7.82, a
new chapter related to Construction Stormwater Runoff to the City's stormwater systems.
BOARD/COMMISSION RECOMMENDATION:
0 COUNCIL ACTION: ,
•
• ORDINANCE NO. 2010-
AN ORDINANCE related to construction stormwater runoff regulation; adopting a new
chapter in Title 7 of the Yakima 'Municipal Code entitled 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
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 7.82 of the City of Yakima Municipal Code.
Section 1. Title 7 of the City of Yakima Municipal Code :is amended to add YMC Chapter
7.82 to read as follows:
Chapter 7.82
• CONSTRUCTION STORMWATER RUNOFF
Sections:
7.82.010 Purpose,
•
7.82.020 Definitions.
7.82.030 Applicability.
7.82.040 Authority.
7.82.050 Compatibility with other permit and ordinance requirements.
7.82.060 Severability.
7.82.070 Liability.
7.82.080 Authority designated.
7.82.090 Exemptions.
7.82.100 Design Manuals.
7.82.110 Amendments to design manuals.
7.82.120 Right of entry.
7.82.130 Construction Stormwater Pollution Prevention Plan (SWPPP).
7.82.140 Enhanced criteria for impaired waters.
7.82.150 Procedures and requirements.
7.82.160 Fees.
7.82.170 Inspection.
7.82.180 Violations, enforcements and penalties. .
7.82.190 Notice of violation.
7.82.200 Administrative penalties and measures.
7.82.210 Consent orders.
7.82.220 Compliance orders.
7.82.230 Cease and desist orders.
7.82.240 Recovery of costs incurred by the city.
7.82.250 Administrative hearing. •
7.82.260 Judicial review.
• 7.82.270 Judicial remedies.
7.82.280 Injunctive relief
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7.82.290 Civil penalties. •
7.82.300 Falsifying information.
7.82.310 Criminal penalties.
7.82.320 Remedies nonexclusive.
7.82.330 Compensatory action.
7.82.340 Publication of Enforcement Actions.
7.82.010 Purpose
The purpose of this ordinance is to establish minimum construction
stormwater management requirements and controls to protect and safeguard the
environment and the general health, safety, and welfare of public residing in
the city. This ordinance seeks to meet that purpose through the following
objectives:
(1) To protect the safety and welfare of citizens, property owners, and
businesses by minimizing the negative impacts of increased sediment discharges
from new land development and redevelopment;
(2) To enable the City to comply with the National Pollution Discharge
Elimination System permit, Washington Department of Ecology's Guidance for
U!C Wells that Manage Stormwater, and applicable federal and state regulations;
(3) To prevent the contribution of pollutants, especially sediment, to the MS4
or UICs by stormwater discharges from development, 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 construction
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; and
(8) To facilitate compliance with state and federal standards and permits by
owners of construction sites, developments, and permanent stormwater BMPs
within the City.
7.82.020 Definitions
This section provides definitions for the terms and phrases used in this
chapter. Where any of these definitions conflict with definitions used in other
chapters of the Yakima Municipal Code, the definitions in this section shall
prevail for the purpose of this chapter.
"Applicant" means a person, party, firm, corporation, or other legal entity that
proposes a development, construction or use on a site.
"Best Management Practices BMPs" means schedules of activities • rohibitions
of practices, maintenance procedures, and other physical, structural and/or
managerial practices to prevent or reduce the pollution of waters of the state.
BMPs include treatment s stems aerating • rocedures and gractices to control: •
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stormwater associated with construction activity, spillage or leaks, sludge or
waste disposal, or drainage from raw material storage.
"Certified Erosion and Sediment Control Lead or CESCL" means a person who
has current certification through an approved erosion and sediment control
training program that meets the minimum training standards established by
Ecology.
"Channel", or "Waterway" means an open conduit, either naturally or artificially
created, which periodically or continuously contains moving water, or which
forms a connecting link between two bodies of water.
"Clearing" or "Site Clearing" means the removal of timber, brush, grass, ground
cover or other vegetative matter from a site.
"Comm Plan of Development" means a site where multiple separate and
distinct construction activities may be taking place at different times on different
schedules, but still under a single plan. Examples include: phased projects and
projects with multiple filings or lots, even if the separate phases or filings/lots will
be constructed under separate contract or by separate owners (e.q. a
development where lots are sold to separate builders); a development plan that
may be phased over multiple years, but is still under a consistent plan for long-
term develo • ment and • ro'ects in a contig uous area that ma be unrelated but
still under the same contract, such as construction of a building extension and a
new parking lot at the same facility. If the project is part of a common plan of
• development or sale, the disturbed area of the entire plan shall be used in
determining permit requirements.
"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.
"Ecology" means the Washington State Department of Ecology. -
"Erosion and Sediment Control" Any temporary or permanent measures taken to
reduce erosion, control siltation and sedimentation, and ensure that sediment-
laden water does not leave the site.
"Erosion and Sediment Control BMPs" means BMPs that are intended to prevent
erosion and sedimentation such as • reserving natural vegetation seeding
mulching and Matting, plastic covering, filter fences, sediment traps, and ponds.
Erosion and sediment control BMPs are synonymous with stabilization and
structural BMPs.
"Finish Grade" means the final grade of the site which conforms to an approved
plan.
"Grading" means any excavation, filling, or combination thereof.
"Impaired Waters" means those streams, rivers and lakes that currently do not
meet their desig nated use classification and associated water • ualit standards
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under the Clean Water Act and listed on the most current State of Washington
303(d) list. •
"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:
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.
"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): (1) owned or operated by a state, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant to State Law)
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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; (10
designed or used for collecting or conveying stormwater; NO which is not a
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 as well
as the delegated pre-treatment with the City of Yakima.
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.
"Non-Stormwater Discharge" means any discharge to the storm drain system that
is not composed entirely of stormwater.
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S "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.
"Point Source"means any discernible, confined, and discrete conveyance,
including but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, and container from which pollutants are or may be discharged to
surface waters of the state. This term does not include return flows from irrigated
agriculture.
"Project Site" means that portion of a property, properties, or right of way subject
to land disturbing activities, and new or replaced impervious surfaces.
"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 Receiving Water" means bodies of water or surface water
• systems to which surface runoff is discharged via a point source of stormwater or
via sheet flow.
"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 or more stormwater
BMPs.
"Rough Grade" means a stage where grade conforms approximately to an
approved plan. -
"Sediment Control" means measures that prevent eroded sediment from leaving
the site.
"Site" See Project Site
"Source Control BMPs" means physical, structural or mechanical devices or
facilities that are intended to prevent pollutants from entering stormwater. A few
examples of source control BMPs are erosion control practices, maintenance of
4111 stormwater facilities, constructing roofs over storage and working areas, and
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directing wash water and similar discharges to the sanitary sewer or a dead end
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SUMP.
"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/A0, AR/A1-A30, V1-V30, VE, or V.
"Stabilization" means the use of practices that prevent exposed soil from eroding.
"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.
"Stormwater Management" means the use of structural or non-structural
practices that are designed to reduce stormwater runoff pollutant loads,
discharge volumes, peak flow discharge rates and detrimental changes in stream
temperature that affect water quality and habitat.
"Stormwater Pollution Prevention Plan" or "SWPPP" or "Construction SWPPP"
means a set of plans prepared by or under the direction of a licensed
professional engineer indicating the specific measures and sequencing to be
used to control sediment and erosion on a development site during and after
construction.
uStormwater 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 which requires location on the
'round or attached to somethin• havin • a location on the • round.
"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.
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"Watercourse" means any regulated body of water, including, but not limited to
lakes, ponds, rivers, streams, and bodies of water delineated by the Washington
Department of Ecology, -
"Waterway" see "Channel".
"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.
7.82.030 Applicability
This ordinance shall be applicable to all land development , including, but not
limited to, site plan applications, subdivision applications, and grading
applications, unless exempt pursuant to Section 7.82.090. These provisions
apply to any new development or redevelopment site within the city that meets
one or more of the following criteria:
(1) Land development that disturbs one acre or more through clearing,
grading, excavating, or stockpiling of fill material, including the cumulative
acreage of the entire project whether in a single or in a multiphase project.
(2) Redevelopment that disturbs one acre or more through clearing, grading,
• excavating, or stockpiling of fill material, including the cumulative acreage of the
entire project whether in a single or in a multiphase project.
• (3) Land 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.
7.82.040 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.
7.82.050 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.
7.82.060 SeverabilitY
110 If the provisions of any article, section, subsection, paragraph, subdivision or
clause of this ordinance shall be judged invalid by a court of competent
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jurisdiction, such order of judgment shall not affect or invalidate the remainder of 4110
any article, section, subsection, paragraph, subdivision or clause of this
ordinance.
7.82.070 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.
7.82.080 Authority Designated
The Director of Community and Economic Development of the City (Director)
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
of the City and their designees.
7.82.090 Exemptions
Activities Exempt: The following activities are exempt from this ordinance:
(1) Public and private development or redevelopment that disturbs less than
one acre through clearing, grading, excavating, or stockpiling of fill material,
including the cumulative acreage of the entire project whether in a single or in a
multiphase project.
(2) Construction activities which discharge all stormwater and non-
stormwater to ground water, and have no point source discharge to surface water
or a storm sewer system that drains to surface waters of the state. UIC wells
must be protected from sediment in runoff generated during construction.
(3) Stormwater from any site covered under an existing NPDES individual
permit in which stormwater management and/or treatment requirements are
included for all stormwater discharges associated with construction activity.
(4) Any emergency activity that is immediately necessary for the protection of
life, property, or natural resources, as determined by the Director.
(5) 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.
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(6) Commercial agriculture practices involving working the land for
production. Construction of impervious surfaces are not exempt.
(7) Oil and gas field activities such as construction of drilling sites, waste
management pits, and access roads, as well as construction of transportation
and treatment infrastructure such as pipelines natural gas treatment plants,
natural gas pipeline compressor stations, and crude oil pumping stations.
a) Discharge of sediment or other stormwater pollution from an oil or gas
field activity is subject to the illicit discharge ordinance YMC 7.85. •
(8) Routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original purpose of a facility.
7.82.100 Design Manuals
(1) The City will utilize information including technical specifications of the
latest edition of the Stormwater Manual for Eastern Washington, (or approved
local equivalent), or another technical stormwater manual approved by EcologV,
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 Eastem Washinqton, (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 Section 7.82.100(1) 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.
7.82.110 Amendments to Desiqn Manuals
(1) The Stormwater Management Manual for Eastern Washington, (or
approved local equivalent), may be updated and expanded from time to time,
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 an 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
S 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
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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 be require further
reviews using the amended information.
7.82.120 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 CRY
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 duly 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 Attomey, 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:
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
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•
S 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.
7.82.130 Construction Stormwater Pollution Prevention Plan (SWPPP)
(1) Construction SWPPP Required
a) Projects meeting the regulatory threshold and not qualifying for an
Erosivity Waiver from Washington State Department of Ecology, shall
prepare a Stormwater Pollution Prevention Plan (SWPPP) for
Construction activity. The SWPPP shall be implemented beginning with
initial soil disturbance and continue until final stabilization.
b) Each SWPPP shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant
together with the name of the applicant's principal contact at such firm
and shall be accompanied by a filing fee.
c) Each SWPPP shall include a statement that any land clearing,
construction, or development involving the movement of earth shall be in
accordance with the SWPPP and that a Certified Erosion and Sediment
Control Lead (CESCL) shall be on site or on call for the entire length of
the project.
d) SWPPP Compliance: SWPPP compliance may be obtained in one of
four ways, as follows:
• 1. Preparation, submittal and implementation of a Construction
SWPPP in accordance with Section 7.82.130(2) of this ordinance.
I. All such projects shall provide a copy of the Construction
SWPPP prepared in accordance with Ecology requirements,
including an anticipated schedule, to the Director at least 24 hours
before any land disturbing activity.
2. Preparation and implementation of a SWPPP developed in
accordance with the requirements of Ecology's General NPDES
Permit for Stormwater Discharges Associated with Construction
Activities.
I. All such projects shall provide a copy of the Construction
SWPPP prepared in accordance with Ecology requirements,
including an anticipated schedule, to the Director at least 24 hours
before any land disturbing activity.
3. Public and private development or redevelopment that qualify for
and obtain an "Erosivity Waiver" in accordance with requirements of
the Washington State Department of Ecology "General NPDES Permit
for Stormwater Discharges Associated with Construction Activities".
4. Public and private development or redevelopment that qualify for
and obtain an "Erosivity Waiver" in accordance with the following:
1. The Erosivity Waiver contains the following conditions:
i. The total acres to be disturbed within the entire
•
construction project or common plan of development does not
exceed 5 acres; and,
ii. Calculation of Erosivity "R" Factor:
1. The project's rainfall erosivity factor ("R" Factor) must
be less than 5 during the period of construction activity, as
calculated using the Texas A&M University online rainfall
erosivity calculator at: http://ei.tamu.edu/, The period of
construction activity begins at initial earth disturbance and,
ends with final stabilization; and, in addition:
iii. Operators must submit a complete Erosivity Waiver
Certification Statement at least one week prior to commencing
land disturbing activities. Certification must include:
1. A statement that the operator will comply with
applicable local stormwater requirements; and
2. A statement that the operator will implement
appropriate erosion and sediment control BMPs to prevent
violations of water quality standards.
iv. This waiver is not ;available for facilities declared a
significant contributor of pollutants by Ecology; and
v. The project has no other discharges including, but not
limited to excavation dewatering, wash waters and hydrostatic
test waters.
II. Appropriate erosion and sediment control BMPs be
implemented to prevent violations of water quality standards.
III. Discharge of sediment or other pollutants from a construction
site qualifying under an Erosivity Waiver is subject to the illicit
discharge ordinance YMC 7.85.
5. For projects subject to YMC 7.83 Post-Construction Stormwater
Runoff, a Construction SWPPP or Erosivity Waiver prepared in
accordance with this ordinance is required as part of the
Stormwater Site Plan.
(2) Construction SWPPP Elements
a) The Construction SWPPP shall include the 12 elements of a
Construction SWPPP. Guidance for design and implementation of the 12
elements in a Construction SWPPP are found in the Stormwater
Management Manual for Eastem Washington dated 2004 (or approved
local equivalent).
1- Preserve Vegetation/Mark Clearing Limits
I. Prior to beginning land disturbing activities, including clearing
and grading, clearly mark all clearing limits, sensitive areas
and their buffers, and trees that are to be preserved within the
construction area.
12
•
II. The duff layer", native top soil, and natural vegetation shall be
retained in an undisturbed state to the maximum degree
practicable.
2- Establish Construction Access
I. Construction vehicle access and exit shall be limited to one
route, if possible.
II. Access points shall be stabilized with a pad of quarry spalls,
crushed rock, or other equivalent BMP, to minimize the
tracking of sediment onto public roads.
III. Wheel wash or tire baths shall be located on site, if the
' stabilized construction entrance is not effective in preventing
sediment from being tracked onto public roads.
IV. If sediment is tracked off site, public roads shall be cleaned
thoroughly at the end of each day, or more frequently during
wet weather. Sediment shall be removed from roads by
shoveling or pickup sweepinq and shall be transported to a
controlled sediment disposal area.
V. Street washing is allowed only after sediment is removed in
accordance with 7.82.130(2)a)21V. Street wash wastewater
shall be controlled by pumping back on site or otherwise be
• prevented from discharging into systems tributary to waters of
the state.
3- Control Flow Rates
I. Properties and waterways downstream from development
sites shall be protected from erosion due to increases in the
velocity and peak volumetric flow rate of stormwater runoff
from the project site, as required by local plan approval
authority.
II. Where necessary to comply with 7.82.130(2)a)31, stormwater
- retention or detention facilities shall be constructed as one of
the first steps in grading. Detention facilities shall be
functional prior to construction of site improvements (e.g.,
impervious surfaces).
III. If permanent infiltration ponds are used for flow control during
construction, these facilities shall be protected from siltation
during the construction phase.
4- Install Sediment Controls
I. Stormwater runoff from disturbed areas shall pass through a
sediment pond or other appropriate sediment removal BMP,
prior to leaving a construction site or prior to discharge to an
infiltration facility. Runoff from fully stabilized areas may be
discharged without a sediment removal BMP, but shall meet
the flow control performance standard of 7.82.130(2)a)31.
II. Sediment control BMPs (sediment ponds, traps, filters, etc.'
shall be constructed as one of the first steps in grading. These
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BMPs shall be functional before other land disturbing activities
take place.
III. BMPs intended to trap sediment on site shall be located in a
manner to avoid interference with the movement of juvenile
salmonids attempting to enter off-channel areas or drainages.
5- Stabilize Soils
I. Exposed and unworked soils shall be stabilized by application
of effective BMPs that prevent erosion. Applicable BMPs
include, but are not limited to: temporary and permanent
seeding, sodding, mulching, plastic covering, erosion control
fabrics and matting, soil application of polyacrylamide (PAM),
the early application of gravel base on areas to be paved, and
dust control.
II. No soils shall remain exposed and unworked for more than the
time periods set forth below to prevent erosion:
1 For areas with mean annual precipitation 12 inches or
greater:
1. During the dry season (July 1 - September 30): 10 days
2. Durinq the wet season (October 1 - June 30): 5 days
ii. For areas with mean annual precipitation less than 12
inches:
1. During the d3fSeason (July 1 - September 30): 30 days
2. During the wet season (October 1 - June 30): 15 days
III. Soils shall be stabilized at the end of the shift before a holiday
or weekend if needed based on the weather forecast.
IV. Soil stockpiles shall be stabilized from erosion, protected with
sediment trapping measures, and where possible, be located
away from storm drain inlets, waterways, and drainage
channels.
6- Protect Slopes
I. Design and construct cut and fill slopes in a manner that will
minimize erosion. Applicable practices include, but are not
limited to, reducing continuous length of slope with terracing
and diversions, reducing slope steepness, and roughening
slope surfaces (e.g., track walking).
II. Off-site stormwater (run-on) or groundwater shall be diverted
away from slopes and disturbed areas with interceptor dikes,
pipes, and/or swales. Off-site stormwater should be managed
separately from stormwater generated on the site.
III. At the top of slopes, collect drainage in pipe slope drains or
protected channels to prevent erosion. Temporary pipe slope
drains and channels shall handle the expected peak flow
•
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velocity from a 6-month, 3-hour storm for the developed
condition, referred to as the short duration storm.
IV. Check dams shall be placed at regular intervals within
constructed channels that are cut down a slope.
V. Excavated material shall be placed on the uphill side of
trenches, consistent with safety and space considerations.
7- Protect Drain Inlets
1. All storm drain inlets made operable during construction shall
be protected so that stormwater runoff does not enter the
conveyance system without first being filtered or treated to
remove sediment.
II. Inlet protection devices shall be cleaned or removed and
replaced when sediment has filled one-third of the available
storage (unless a different standard is specified by the product
manufacturer).
8- Stabilize Channels and Outlets
I. All temporary on-site conveyance channels shall be designed,
constructed, and stabilized to prevent erosion from the
following expected peak flows:
II. Channels shall handle the expected peak flow velocity from a
•
6-month, 3-hour storm for the developed condition, referred to
as the short duration storm.
111. Stabilization, including armoring material, adequate to prevent
erosion of outlets, adjacent stream banks, slopes, and
downstream reaches shall be provided at the outlets of all
conveyance systems.
9- Control Pollutants
I. All pollutants, including waste materials and demolition debris,
that occur onsite shall be handled and disposed of in a manner
• that does not cause contamination of stormwater.
IL Cover, containment, and protection from vandalism shall be
provided for all chemicals, liquid products, petroleum products,
and other materials that have the potential to pose a threat to
human health or the environment. On-site fueling tanks shall
include secondary containment.
III. Maintenance, fueling, and repair of heavy equipment and
vehicles shall be conducted using spill prevention and control
measures. Contaminated surfaces shall be cleaned
immediately following any spill incident.
IV. Wheel wash or tire bath wastewater shall be discharged to a
separate on-site treatment system or to the sanitary sewer
with local sewer district approval.
V. Application of fertilizers and pesticides, shall be conducted in a
manner and at application rates that will not result in loss of
15
chemical to stormwater runoff. Manufacturers' label
• •
requirements for application rates and procedures shall be
followed.
VI. BMPs. shall be used to prevent or treat contamination of
stormwater runoff by pH modifying sources. These sources
include, but are not limited.to: bulk cement, cement kiln dust,
fly ash:, new concrete washing and curing waters, waste
streams generated from concrete grindiriq and sawing,
exposed aggregate processes, dewaterinq concrete vaults,
concrete pumping and mixer washout waters. Responsible
Parties shall adjust the pH of stormwater if necessary to
prevent violations of water quality standards.
VII. Responsible Parties shall obtain written approval from Ecology
prior to using chemical treatment, other than CO2 or dry ice to
adjust pH.
10- Control De-Watering
I. Foundation, vault, and trench de-watering water, which have,
similar characteristics to stormwater runoff at the site, shall be
discharged into a controlled conveyance system prior to,
discharge to a sediment trap or sediment pond.
II. Clean, non-turbid de-watering water, such as well-point ground
water, can be discharged to systems tributary to, or directly
into surface waters of the state, as specified in Ecology's 111
Construction Stormwater General Permit (November, 2005) at
S9.D.8, provided the de-watering flow does not cause erosion
or flooding of receiving waters. Clean de-watering water
should not be routed through stormwater sediment ponds.
III. Other de-watering disposal options' may include:
i. infiltration,
ii. transport offsite in a vehicle, such as a vacuum flush truck,
for legal disposal in a manner that does not pollute state
waters,
iii, Ecology-approved on-site chemical treatment or other
suitable treatment technologies,
iv. sanitary sewer discharge with local sewer district approval,
if there is no other option, or
v. use of a sedimentation bag with outfail to a ditch or swale
• for small volumes of localized de-watering.
IV. Highly turbid or contaminated dewaterinq water shall be
handled separately from stormwater.
11- Maintain BMPs
I. All temporary ,and permanent erosion and sediment control •
• BMPs shall be maintained and repaired as needed to assure
16
S continued performance of their intended function in
accordance with BMP specifications.
IL All temporary erosion and sediment control BMPs shall be '
removed within 30 days after final site stabilization is achieved
or after the temporary BMPs are no longer needed.
12- Manage the Project
I. Development projects shall be phased to the maximum degree
practicable and shall take into account seasonal work
limitations.
b) Inspection and Monitoring
1. All BMPs shall be inspected, maintained, and repaired
as needed to assure continued performance of their
intended function. The SWPPP shall identify an
inspection and maintenance schedule for the BMPs
contained in the SWPPP. Specific BMP inspection and
maintenance guidance is contained in the latest
version of the Stormwater Management Manual for
Eastern Washington, other Ecology approved
stormwater manuals, or approved local equivalent.
. .
III (3) Maintenance of the Construction SWPPP
The Construction SWPPP shall be retained on-site or within reasonable
access to the site. The Construction SWPPP shall be modified whenever there
is a significant change in the design, construction, operation, or maintenance of
any BMP.
(4) Construction SWPPP — Map Contents and Requirements
a) The SWPPP shall also include a vicinity map or general location
map (e.g. USGS Quadrangle map, a portion of a county or city
map, or other appropriate map) with enough detail to identify the
location of the construction site and receiving waters within one
mile of the site.
b) The SWPPP shall also include a legible site map (or maps)
showing the entire construction site. The following features shall
be identified, unless not applicable due to site conditions:
1. The direction of north, property lines, and existing structures
and roads;
2. Cut and fill slopes indicating the top and bottom of slope catch
lines;
3. Approximate slopes, contours, and direction of stormwater
flow before and after major grading activities;
4. Areas of soil disturbance and areas that will not be disturbed;
0 5. Locations of structural and nonstructural controls (BMPs)
identified in the SWPPP
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6. Locations of off-site material, stockpiles, waste storage,
borrow areas, and vehicle/equipment storage areas;
‘7. Locations of all surface water bodies, including wetlands;
8. Locations where stormwater or non-stormwater discharges off-
site and/or to a surface water body, including wetlands;
9. Location of water quality sampling station(s), if sampling is
required by state or local permitting authority; and
10. Areas where final stabilization has been accomplished and no
further construction-phase requirements apply.
7.82.140 Enhanced Criteria for Impaired Waters
Construction activit that discharg es via the Cit MS4 must receive prior
approval from the Wastewater Manager. If these discharges go to impaired
waters and wetlands with a stormwater waste load allocation, as designated in
the most recent Eastem Washington Phase II Municipal Stormwater Permit, or
individual municipal stormwater permit issued to the City, by the Washington
State Department of Ecology, then they shall meet enhanced criteria.
(1) In these cases, the Wastewater Manager 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.
(2) Where an applicable Total Maximum Daily Load (TMDL) specifically
precludes or prohibits discharges from construction activity, the applicant is not
eligible for discharge to the MS4 under this ordinance.
7.82.150 Procedures and Requirements
(1) Application Requirements: Applications shall be submitted and
considered in the manner established by existing city ordinance 16.04.
(2) 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.
(3) Expiration of Plan Approval: The Construction SWPPP's approval expires
in one 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 construction SWPPP for the remainder of the subdivision. If the
Construction SWPPP expires, the applicant shall file with the city for re-approval
of the Construction SWPPP.
7.82.160 Fees
(1) Fee Authorit . The Cit ma obtain with each submission an a. glication
fee established by the Director to cover expenses connected with the review of
•
the construction SWPPP and a technical review fee sufficient to cover
•rofessional review services for the • roect. The Director is authorized to retain a
18
Registered Professional Engineer or other professional consultant to advise the
City 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.
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.
5- When a construction SWPPP is submitted as part of a stormwater site
plan required by city Post-construction Stormwater Ordinance 7.83,
fees from the Post-construction Stormwater Ordinance apply in lieu of
fees required by this ordinance.
(2) Application Fees
Construction Stormwater: One(1) pre-project
planning meeting, one (1) Construction SWPPP
1. None at this time
review, one (1) construction inspection, one (1) final
stabilization inspection for acceptance.
4111) 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 equipment and administrative costs.
(3) Revision Of Fee Schedules And Regulations Governing Fees
1- The Director may review and propose revision to its regulations and
fee schedules periodically as it sees fit.
a) Amendments shall be preceded by a public hearing.
b) 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.
(4) Automatic Fee Schedule Adjustment.
a) Beginning on January 1,. 2012 and each successive January 1st
thereafter, the City fee schedule adopted as a part of this title shall
11111 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
19
twelve-month period utilized to establish the fee schedule
adjustment 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.
7.82.170 Inspection
(1) Stormwater Authority Inspections and Notification
a) The Director shall conduct periodic inspections of the stormwater
practices shown • on the approved SWPPP, 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. The SWPPP and inspection record shall
be maintained at the site during the progress of the work.
1. The Responsible Party shall notify the Director one working
day before beginning land disturbing activity and whenever the
construction schedule in the SWPPP changes.
(2) Responsible Party inspection
a) The Responsible Party or his/her agent shall make regular
inspections of all control measures in accordance with the
inspection schedule identified in the approved SWPPP. The
purpose of such inspections will be to determine the overall
effectiveness of the SWPPP and the need for additional control
measures. All inspections shall be documented in written form
•and submitted to the Director at the time interval specified in the
approved SWPPP.
7.82.180 Violations, Enforcements and Penalties
Notwithstanding other requirements of law, as soon as any person from the
responsible party, land developer, or contractor working at the construction site
has information of any release of materials from said construction site 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
Cit b an state or federal a• enc court of law or •rivate individual as a result
of the discharge.
7.82.190 Notice of Violation
20
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
wriften 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.
7.82.200 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
se sarate and distinct violation. Each da on which noncom 'Hance 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 result in the
withholding of the Certificate of Occupancy until all unpaid charges and penalties
are said in full. Issuance of an administrative 'emit shall not be a •rere• uisite
for taking any other action against the person.
7.82.210 Consent Orders
(1) The Director is hereb em•owered 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
and effect as compliance orders issued pursuant to YMC 7.82.220 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.
7.82.220 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 dischar.ed to Cit •roPert the MS4 sublic UlCs and
21
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.
7.82.230 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
grere• uisite to taking an other action against the gerson as determined b the
Director.
7.82.240 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 gerson is sub'ect to the costs incurred b the Cit 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
7.82.300 to 7.82.320 of this chapter.
7.82.250 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 deterrnination: (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
consent decree, aqreed 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 iustifYing 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
22
•
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 7.82.260.
7.82.260 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.
7.82.270 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.
7.82.280 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.
7.82.290 Civil Penalties
(1) Any person who has violated or continues to violate an order of the City,
or who fails to &imply with: (a) any provision of this chapter, or (b) any rule or
order of the City, issued pursuant to this chapter, is subject 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-complianee 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 •ublic health and safet shall be deemed a
separate and distinct violation. Civil penalties that are not paid shall constitute a
23
lien against the responsible person's property. In addition, the Director 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 determininq 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.
7.82.300 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.
7.82.310 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
• irnprisonment not to exceed one year, or by both such fine and imprisonment.
Each violation and each day of violation shall constitute a separate offense.
7.82.320 Remedies Nonexclusive
The provisions in Sections 7.82.180 to 7.82.320 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.
7.82.330 Compensatory Action
In lieu of .enforcement proceedings, penalties and remedies authorized IDY
Sections 7.82.200 to 7.82.230 of this Ordinance, the City may consider
alternative compensatory actions, such as storm drain stenciling, attendance at
compliance workshops, surface water cleanup and other measures.
7.82.340 Publication of Enforcement Actions
A list of all person 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:
24
1. Any release of materials from a construction site to City property, the
MS4, a public UIC, or any water of the State that has caused imminent
endangerment to aiblic health, safety or welfare or to the environment;
2. Any other violation or group of violations that causes the City to expend
additional time or expense in cleaning up a non-stormwater 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.
Micah Cawley, Mayor
ATTEST:
411
City Clerk
Publication Date:
Effective Date:
25