Chapter 15.09
STORM WATER MANAGEMENT PROGRAM
Sections:
15.09.010 Establishment of a storm water management program.
15.09.020 Applicability.
15.09.030 Standards for development and redevelopment.
15.09.040 Exceptions.
15.09.050 Maintenance requirements.
15.09.060 Administration.
15.09.070 Appeals process.
15.09.010 Establishment of a storm water management program.
A. There is hereby created and established a city storm water management program, hereinafter referred to as “the program”. The program shall set forth the primary authority and responsibility for carrying out the Puget Sound Water Quality Management Plan including, but not limited to, responsibilities for planning; establishment of requirements for new development and redevelopment; public education efforts to educate citizens, design, construction, maintenance, administration, operation and improvement of the city’s storm and surface water drainage system; as well as establishing standards for design, construction, and maintenance of improvements and related activities on public and private property where these may affect storm and surface water and/or water quality.
B. The city manager or his/her appointed designee shall be the administrator of the program. (Ord. 95C-118 § 1).
15.09.020 Applicability.
A. The provisions of this chapter and the program shall apply to all property and all projects within the limits of the city of Mercer Island. The provisions of this chapter and the program shall control all storm water management practices; provided, however, if other provisions of this code or any other city ordinance provides more protection of the quality of surface or ground water, it shall control.
B. Applicants for construction projects which involve land disturbing activity shall provide a storm water management plan prior to the issuance of any permits. “Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
C. The city manager or his/her designee is authorized to adopt written policies and procedures for the purpose of implementing the program and the provisions of this chapter.
D. All nonstorm water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality or ground water quality standards shall be illicit discharges and shall be subject to enforcement action as herein set forth. Examples of illicit nonstorm water discharges include sanitary sewer effluent, industrial process water, interior floor drains, commercial car wash discharge, and discharges from gray water systems or where discharge water contains any substance which will result in water pollution. In addition to the specific examples above, it shall be unlawful for anyone to discharge into any storm and surface water drainage system contaminated water or substances which will result in water pollution. Any person discharging contaminated water or substances resulting in water pollution of a storm water drainage system shall be subject to fines and penalties as prescribed by this chapter. Any person violating the provisions of this chapter shall be required to remedy the damage caused by the illicit discharge and to take such actions as may be required by the city to preserve and protect the health, safety and welfare of the public. (Ord. 95C-118 § 1).
15.09.030 Standards for development and redevelopment.
A. The storm water management manual for the Puget Sound Basin as prepared by the Washington State Department of Ecology (“manual”), and definitions contained therein and any amendments thereto are hereby adopted by the city of Mercer Island as the minimum standards for storm water management.
B. Best management practices (“BMPs”) as set forth in the manual shall be used to control pollution at the source prior to discharge to a storm and surface water system. Experimental BMPs are encouraged as a means of improving storm water quality as outlined in the manual. Source control BMPs shall be applied to all projects to the maximum extent practicable. They shall be selected, designed and maintained in accordance with the requirements of the manual.
C. All storm water plans shall be included in an analysis of off-site storm water runoff and water quality impacts and shall mitigate these impacts as necessitated by the manual. The analysis shall extend, where possible, a minimum of one-fourth of a mile downstream from the project. The existing and potential impacts to be evaluated and mitigated include but are not limited to the following:
1. Excessive sedimentation;
2. Streambank erosion;
3. Discharges to ground water and/or their potential;
4. Violations of water quality standards;
5. Discharges of pollutants;
6. Erosion;
7. Flooding;
8. Slope instability; and
9. Other adverse impacts to water quality.
D. Any failure of a storm water system, BMPs, erosion and sedimentation control, or water quality protection measures in any new development or redevelopment shall be repaired and/or retrofitted in accordance with the manual.
E. Adopted drainage basin plans may be used to modify and/or add to any or all of the minimum requirements for storm and surface water runoff. Basin plans may include requirements for additional runoff detention, retrofitting measures, BMPs, or other measures in order to achieve basin-wide pollutant, flooding, erosion or sedimentation reduction. Standards developed from basin plans shall not modify any of the above requirements until the basin plan has been formally adopted by the Mercer Island city council. (Ord. 95C-118 § 1).
15.09.040 Exceptions.
Exceptions to the minimum requirements of the manual may be granted prior to permit approval and construction. An exception may be granted by staff; provided, that a written finding of fact is prepared, that meets the following criteria:
A. The exception provides equivalent water quality protection and complies with the public interest; and that the objectives of safety, function, water quality protection and facility maintenance, based upon sound engineering principals, are fully met;
B. There exists special physical circumstances or conditions affecting the property such that the strict application of the provisions of the manual would deprive the applicant of all economic use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;
C. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state and city; and the exception is the least possible exception that could be granted to comply with the intent of the minimum requirements of the manual. (Ord. 95C-118 § 1).
15.09.050 Maintenance requirements.
All public and private storm and surface water systems shall be maintained in accordance with the manual. The following are minimum standards for the maintenance of storm water facilities:
A. Facilities shall be inspected and cleared of debris, sediment and vegetation as conditions warrant, when they threaten to affect the functioning and/or design capacity of the facility, but not less than annually.
B. Bare soils shall be seeded, sodded, matted or otherwise covered to prevent the washing off of silt into the system. Grassy swales and other biofilters shall be mowed during the growing season and inspected annually and replanted as needed.
C. Detention systems, discharge control structures, oil separators and water quality facilities shall be inspected and cleaned and/or repaired annually or whenever sediment build up exceed one-third of the catchment volume. More frequent cleaning may be required on those facilities which exhibit a more rapid build up of sediment or oil.
D. Where the lack of maintenance is causing or contributing to a violation of water quality criteria, property damage or threatens the welfare or safety of the public, actions shall be taken to correct the problem as soon as reasonably feasible.
E. Sediment, oil, street or parking lot sweepings and any material containing pollutants shall be properly disposed of at an approved waste facility or, if appropriate, in accordance with the provision of Chapters 173-303 and 173-304 WAC.
F. The city manager or his/her designee shall design and develop an inspection program for facilities and systems for both public and private systems in accordance with the goals and objectives and intent of the manual. (Ord. 95C-118 § 1).
15.09.060 Administration.
A. The city manager or his/her designee shall have the authority to develop and implement administrative procedures to administrator and enforce this chapter and the program. The city manager or his/her designee shall approve, conditionally approve or deny an application for activities regulated by this chapter.
B. Prior to the commencement of any construction on a project or “land disturbing activity”, the applicant shall obtain a storm water permit from the city and any other regulatory agencies as required. A bond shall be posted in an amount sufficient to cover cost of construction of the system in accordance with approved plans and anticipated city inspection. Upon completion of the work inspection and approval of the storm water facilities by the city and receipt of a maintenance agreement, the bond shall be released.
C. All activities regulated by this chapter shall be subject to inspection. Any project may be inspected at various stages of the work to determine that adequate control and construction practices are being accomplished. When required, special inspections and/or testing may be required to be performed at the expense of the applicant.
D. The city manager or his/her designee may order the correction or abatement of any storm and surface water facility or condition thereof constituting a violation of this code or of the manual when such facility or condition thereof has been declared to be a public nuisance. Whenever such a public nuisance is declared, a notice by certified mail shall be made to the violator directing abatement within 30 days of the receipt of the notice. If the required corrective work is not completed within the time specified the city may proceed to abate the violation as a public nuisance. Summary abatement may be commenced without notice when the violation is of such a nature that it is an immediate hazard to life and/or property. Notwithstanding the exercise or use of any other remedy the city manager or his/her designee may seek legal or equitable relief to enjoin any act or acts or practices which constitutes a violation of this chapter.
E. Civil Penalty. In addition to or as an alternative to any other penalty provided herein, or by law, any person who violates the provisions of this chapter, the manual, or an approved storm water management plan shall incur a cumulative civil penalty in the amount of $50.00 per day from the date set for correction, until the violation is correct. In lieu of a civil penalty, the city manager or his/her designee may issue a warning notice and provide educational information on discharge practices when the violation is a first violation of this chapter, is not an intentional violation, and the discharge is determined by the city manager or his/her designee as minor. Any subsequent violation of this chapter by the same person shall not be eligible for a warning notice and shall result in a civil penalty.
F. Notice of violation and assessment of penalty. Whenever the city manager or his/her designee has found or determined that a violation is occurring or has occurred he/she is authorized to issue a notice of violation directed to the violator, the property owner, or the occupant. The following provisions shall apply and notice of violation shall contain:
1. The name and address of the violator, if known;
2. The street address when available or a legal description sufficient for identification of the building, construction, premises, or land upon which the violation is occurring;
3. A statement of the nature of such violation(s);
4. A statement of action required to be taken as to be determined by the city manager or his/her designee and a date of correction.
G. The notice shall notify the owner and/or violator that:
1. The owner and/or violator has 14 days to notify the city manager or his/her designee of a proposed schedule of repair or maintenance action;
2. The owner and/or violator has 30 days after the time of notification set forth in subsection (G)(1) to comply with the notice, unless, for good cause shown, the period of compliance is extended.
H. In the event the owners and/or violators fail to comply with the notice, work may be done by and under the authority of the city, at the expense of the owner and/or violator and the expense shall be charged to the owner and/or violator, and shall become a lien on the property. (Ord. 95C-118 § 1).
15.09.070 Appeals process.
Any person aggrieved by the decision of the city manager or his/her designee in administering this chapter may appeal the decision to the city council of the city of Mercer Island by complying with the procedures set forth in Chapter 2.30 MICC. (Ord. 95C-118 § 1).