Chapter 13.48 STORM DRAINAGE UTILITY

The city has determined that a storm drainage utility and associated regulations will avoid the creation of public nuisances that would occur without such utility and regulations, and promote the public health, safety and general welfare of the citizens of Auburn. Public nuisances would consist of:

A. Water-inundated property, both public and private;

B. Uncontrolled volume increase, rate, or contaminated load of runoff;

C. Degradation of existing water resources such as creeks, streams, rivers, ponds, lakes, groundwater, and other water bodies;

D. Degradation of water used for contact recreation, aquatic habitat, and aesthetic quality;

E. Jeopardy to the city’s compliance with federal flood insurance programs;

F. Jeopardy to the city’s compliance with the NPDES Western Washington Phase II Municipal Stormwater Permit. (Ord. 6251 § 1, 2009; Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4776 § 1, 1995.)

13.48.010 Definitions.

The following words when used in this chapter shall have the following meanings. Where ambiguity exists, technical words or phrases shall be interpreted in accordance with the city’s surface water management manual; nontechnical words or phrases will be given their dictionary meaning.

A. “Base rate” means the monthly charge for service from the storm drainage utility to recover costs incurred by the utility such as administrative, billing and collection.

B. “Best management practices (BMPs)” means the schedules of activities, prohibitions of practices, maintenance procedures and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State.

C. “Charge in lieu of assessment” means a charge made by the city on property which has not previously participated in the cost of a public storm drainage line directly serving the property.

D. “City of Auburn engineering design and construction standards” means the requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer, transportation, and water facility design and construction.

E. “Detention” means the temporary storage of storm and surface water runoff with provisions for the controlled off-site surface release of the stored water.

F. “Director” means the public works director of the city of Auburn or designee.

G. “Emerging technology” means treatment technologies that are currently being evaluated for performance.

H. “Equivalent service unit (ESU)” means a configuration of development or impervious surfaces estimated to contribute an amount of runoff to the city’s storm drainage system which is approximately equal to that created by the average single-family residential parcel. One ESU is equal to 2,600 square feet of impervious surface area or any portion thereof.

I. “Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

J. “Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities.

K. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered, retention/detention facilities shall not be considered as impervious surfaces for the purpose of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

L. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity.

M. “Low impact development (LID)” means a storm water management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions.

N. “National Pollutant Discharge Elimination System (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 Department of Ecology.

O. “New development” means land disturbing activities, including Class IV – general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

P. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for tax purpose and given a tax lot number by the appropriate county assessor for the county in which the parcel is sited.

Q. “Parcel, developed” means any parcel which has been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface.

R. “Parcel, non-single-family” means any parcel of developed land other than single-family or two-family (duplex) residential.

S. “Parcel, single-family residential” means any parcel of land having on it a single detached dwelling unit which is designed for occupancy by one family or a similar group of people.

T. “Parcel, two-family (duplex) residential” means any parcel of developed land having one duplex (two-family dwelling) per lot.

U. “Parcel, undeveloped” means any parcel which has not been altered from its natural state by grading or filling of the ground surface, or by construction of any improvements or impervious surfaces.

V. “Retention” means the storage of storm and surface water runoff with no provisions for off-site surface release of the stored water other than by evaporation and infiltration.

W. “Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.

X. “Runoff” means water that travels across the land surfaces and discharges to water bodies either directly or through a collection and conveyance system. See also “Storm water.”

Y. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with storm water through physical separation of areas or careful management of activities that are sources of pollutants. Source control BMPs can be divided into two types. Structural source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent pollutants from entering storm water. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering the storm water.

Z. “Storm drainage facility” means any natural stream/creek or constructed component of Auburn’s storm drainage system.

AA. “Storm drainage system” means the total system of storm drainage facilities as described in ACC 13.48.030.

BB. “Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

CC. “SWMM” as referred to in this chapter means the City of Auburn Surface Water Management Manual which is the 2008 City of Tacoma Surface Water Management Manual as amended for use in the city of Auburn.

DD. “Utility” means the city storm drainage utility created by the ordinance codified in this chapter.

EE. “Watercourse” means a channel, either natural or manmade, in which a flow of water occurs, either continuously or intermittently.

FF. “Water quality treatment” means an engineered and approved facility to remove contaminants in the existing flow regime of storm water generated from a developed parcel pursuant to applicable design standards in place at the time of approval. (Ord. 6283 § 3, 2009; Ord. 6251 § 2, 2009; Ord. 5853 § 1, 2004; Ord. 5530 § 1, 2001; Ord. 5359 § 1, 2000; Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 5146 § 1, 1998; Ord. 4492 § 4, 1991.)

13.48.020 Storm drainage utility created.

The city council creates and establishes for and on behalf of the citizens of the city a storm drainage utility, in accordance with and subject to the laws of the state including the establishment of rates and charges therefor. The city council further establishes that the storm drainage utility boundaries shall coincide with the legally established boundaries of the city’s corporate limits. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.030 Storm drainage system defined.

The city council declares that the “storm drainage system” shall be defined as follows: natural and manmade storm drainage facilities used for the conveyance and/or storage or water quality treatment of storm and surface water within the boundaries established in ACC 13.48.020 including, without limitation, all such properties, interests and rights acquired by adverse possession or by prescription. The definition also includes the conveyance or storage of storm and surface waters that flow through, under, or over lands, land forms, watercourses, sloughs, streams, ponds, rivers, lakes and wetlands, beginning at a point where storm or surface waters enter the city system and ending at a point where such storm or surface waters exit from the city’s storm and surface water system, and in width to the full extent of inundation caused by storm or flood conditions. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.040 Transfer of storm drainage system from street department to storm drainage utility.

The city council expressly finds that the value of the existing public storm drainage system, as defined in ACC 13.48.030, is equal to the value of release from primary responsibility of the street department, insofar as they relate to or concern storm or surface waters, and they are transferred to and subject to the administration of the utility created by the ordinance codified in this article, and, therefore, the street department is released from such primary responsibility. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.050 Utility administration authority.

The city’s storm drainage utility herein created shall be administered by the city public works department in such a manner as the city council shall provide. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.060 Authority to establish rates.

A. The city shall establish by ordinance rate classifications, service charges, inspection and permit fees, application and connection fees, and such other fees and charges necessary and sufficient in the opinion of the city council to pay for the following:

1. The costs associated with the development, adoption and implementation of a comprehensive storm drainage utility master plan;

2. The costs, including debt service and related financing expenses, of the construction and reconstruction of storm drainage and water quality facilities necessary and required for the management of storm and surface waters that benefit the service area but not presently in existence;

3. The operation, repair, maintenance, improvement, replacement and reconstruction of storm drainage facilities that benefit the service area which presently exists;

4. The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm drainage system in the service area including, but not limited to, land necessary for the installation and construction of storm drainage facilities and all other facilities which are reasonably required for proper and adequate management of storm waters for the benefit of the service area;

5. The costs of monitoring, inspection, enforcement, and administration of the utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection, and other activities which are reasonably required for the proper and adequate implementation of the city’s storm and surface water policies.

B. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the city except to pay for the equitable share of the costs of accounting, management, and government thereof incurred on behalf of the utility. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.070 Storm drainage utility fund.

The city council creates and establishes a special fund to be known and designated as the storm drainage utility fund. All utility service charges collected shall be deposited in this fund for the purpose of paying all or any part of the cost and expense for planning, administering, constructing, acquiring, maintaining, operating, and improving utility facilities. Moneys in this fund shall be assigned to a specific account within the utility as designated by the city council. The department of finance shall maintain a separate record of accounts showing the receipts and disbursements of each and every account assigned to this fund. (Ord. 5853 § 1, 2004; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.080 Storm drainage utility system responsibility.

Repealed by Ord. 5853. (Ord. 5222 § 1 (Exh. C), 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

II. Rates and Charges

13.48.090 System of charges.

Repealed by Ord. 5853. (Ord. 5293 § 2, 1999; Ord. 5212 § 1 (Exh. J), 1999; Ord. 4492 § 4, 1991.)

13.48.100 Rates.

The customer classes and rates below are based upon the cost of services provided by the storm utility.

A. Effective as of February 1, 2010, the monthly rates for storm drainage service shall be:

1. Single-Family Residential Parcels and Two-Family Residential Parcels. The single-family and two-family residential monthly charge shall be $14.18 per month.