Chapter 13.16
STORM AND SURFACE WATER UTILITY

13.16.000    Chapter Contents

Sections:

13.16.010    Definitions.

13.16.017    Drainage design and erosion control manual – Adopted.

13.16.018    Drainage and erosion control manual – Provisions to prevail in event of conflict.

13.16.020    Permit required.

13.16.030    Nonpermitted uses of the storm drainage system.

13.16.040    Connection to the storm drainage system.

13.16.050    Charges for use of the storm drainage system.

13.16.060    Provision of abutting storm drainage system facilities.

13.16.070    Payment for connection to the storm drainage system.

13.16.080    Storm drainage system general facilities charge.

13.16.090    Credit for additional storm drainage detention/retention or water quality treatment.

13.16.120    Billing date.

13.16.130    Adjustment of charges and appeals.

13.16.140    Collection of delinquent charges.

13.16.160    Authority to operate, maintain and modify the utility.

13.16.170    Sunset clause.

13.16.180    Enforcement – Civil and Criminal Penalties – Public Nuisance.

13.16.010 Definitions

The following words, when used herein, shall have the following meanings unless the context clearly indicates otherwise:

A.    “Billing unit” means two thousand five hundred twenty-eight feet of impervious surface development on a parcel.

B.    “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

C.    “Conveyance” means any catch basin, curb, gutter, ditch, man-made channel, storm drain, or road with a Storm Drainage System.

D.    “Developed parcel” means any parcel which has been altered from a natural state with or without a permit from the city. This includes clearing, grading or filling, whether or not that work accompanies excavation and construction.

E.    “Drainage Design and Erosion Control Manual,” or “the Manual” means the 2016 Edition of the Olympia Drainage Design and Erosion Control Manual, as the same may be amended from time to time.

F.    “Duplex parcel” means a parcel which has been developed and constructed for the purpose of providing habitat for two-family dwelling units on a single property parcel and has and continues to be used solely for that purpose.

G.    “Illicit connection” means any man-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include but are not limited to sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

H.    “Illicit discharge” means any direct or indirect non-stormwater discharge to the city’s storm drain system, except as expressly allowed by this chapter.

I.    “Impervious surface” means a non-vegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

J.    “Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances:

a.    Owned or operated by the City;

b.    Designed or used for collecting or conveying stormwater.

A municipal separate storm sewer system does not include combined sewers or a publicly owned treatment works.

K.    “Nonresidential parcel” means a parcel which has been developed for any purpose other than a single-family dwelling unit or duplex and includes, among others, all multifamily apartments and condominiums with three or more units and all property owned by governmental and nonprofit entities.

L.    “Non-stormwater discharge” means any discharge, to a storm drain system, that is not composed entirely of stormwater.

M.    “Parcel” means any area of land within the city of Olympia which is deemed a distinct property as identified by the county assessor, whether or not the parcel is considered taxable.

N.    “Publicly Owned Treatment Works” or “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.

O.    “Single-family residential parcel” means a parcel which has been developed and constructed for the purpose of providing a habitat for a single-family dwelling unit with or without an accessory dwelling unit, and has and continues to be used solely for that purpose.

P.    “Storm drainage system” means all manmade and natural systems used for the collection, conveyance and disposal of rainfall, from the land. The storm drainage system may include lands outside of the city, but such lands will only be subject to this code when they are annexed to the city or by interlocal agreement with the governmental entity in which the property is located. The storm drainage system includes all streets, ditches, pipes, and appurtenances, wetlands, streams, whether intermittent or perennial, ponds, lakes, creeks, rivers, tidelands, or outfalls subject to runoff flows from the land area of the city.

Q.    “Undeveloped parcel” means any parcel which has not been altered from a natural state by logging, clearing or grading within twenty-five years or by any act as defined under “developed parcel” above.

R.    “Utility” means the city of Olympia’s storm and surface water utility, which operates and maintains storm or surface water drains, channels and facilities or outfalls for such waters and the rights and interests in other properties relating to the system.

(Ord. 7027 §2, 2016; Ord. 6805 §6, 2012; Ord. 6697 §1, 2010; Ord. 6665 §2, 2009; Ord. 6345 §1, 2004; Ord. 5123 §1(part), 1990).

13.16.017 Drainage design and erosion control manual – Adopted

A certain document entitled Drainage Design and Erosion Control Manual for Olympia, 2016 Edition (“the Manual”) is adopted by reference as though fully set forth herein. One copy of the Manual is to be placed and held in the office of the director of administrative services for the city and be available to the public.

(Ord. 7027 §3, 2016; Ord. 6665 §3, 2009; Ord. 6345 §2, 2004; Ord. 5826 §1, 1998; Ord. 5639 §1, 1996; Ord. 5517 §3, 1995; Ord. 5429 §1, 1994; Ord. 5194 §1(part), 1991).

13.16.018 Drainage and erosion control manual – Provisions to prevail in event of conflict

The provisions of the manual adopted in Section 13.16.017 shall control and prevail over any provisions of current ordinances, development standards and/or policies insofar as a conflict may occur.

(Ord. 5194 §1(part), 1991).

13.16.020 Permit required

Before storm drainage runoff may be discharged to any part of the storm drainage system the owner of the parcel on which the runoff is generated shall apply to the city department of community planning and development for a permit to do the same. The issuance of and terms and conditions to be attached to said permits shall be governed by the Manual.

(Ord. 6345 §3, 2004; Ord. 5429 §2, 1994: Ord. 5123 §1(part), 1990).

13.16.030 Nonpermitted uses of the storm drainage system

No one may discharge or cause to be discharged any materials of any kind into the storm drainage system, except natural rainfall, clean groundwater, or clean city potable water. This prohibition includes water with chlorine concentrations of 0.1 ppm or greater, soil products of erosion and contaminants in runoff from impervious areas on a parcel unless such discharge is through an approved treatment device.

This prohibition does not include discharges from emergency fire fighting activities or non-stormwater discharges covered by another National Pollutant Discharge Elimination System (NPDES) permit, provided the discharger is in full compliance with all requirements of the permit.

(Ord. 6697 §2, 2010; Ord. 5123 §1(part), 1990).

13.16.040 Connection to the storm drainage system

No work shall be performed which results in runoff from a parcel to the storm drainage system except under the conditions specified in the required storm drainage permit or as provided in the Manual or herein.

Where the connection involves construction of physical facilities such as pipes, inlets, channels, ditches, or other similar improvements, all work shall be approved and inspected by the department of public works prior to acceptance of the work and prior to any occupancy of development on a parcel.

The construction, use, maintenance, or continued existence of illicit connections to the municipal separate storm sewer system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is in violation of this chapter when a person connects a line conveying sewage to the municipal separate storm sewer system, or allows such a connection to continue.

(Ord. 6697 §3, 2010; Ord. 6345 §4, 2004; Ord. 5123 §1(part), 1990).

13.16.050 Charges for use of the storm drainage system

A.    Any and all use of the storm drainage system shall be subject to the payment of all fees, costs and charges specified herein.

B.    Residential and nonresidential developed parcels that are vacant shall be subject to full payment of all fees, costs and charges for use of the storm drainage system as specified herein, in accordance with the schedule in Section 4.24.010.

(Ord. 5312 §1, 1992; Ord. 5123 §1(part), 1990).

13.16.060 Provision of abutting storm drainage system facilities

Whenever a parcel is developed, the applicable development permit shall require the owner to construct that portion of the storm drainage system abutting said parcel in accordance with the city’s comprehensive plan and applicable development policies and standards for storm drainage. Provided that the department of public works shall establish policies and procedures for applying LIDs, latecomers agreements, city participation, and other exceptions as promulgated for the city’s other utility services.

(Ord. 5123 §1(part), 1990).

13.16.070 Payment for connection to the storm drainage system

The owner(s) of a parcel shall pay all costs of connecting and discharging runoff from its parcel to the storm drainage system. This obligation shall be assumed in addition to any permit fee or other stormwater charges assessed pursuant to this chapter.

(Ord. 5123 §1(part), 1990).

13.16.080 Storm drainage system general facilities charge

A.    In recognition of the city’s investment in the storm drainage system, each applicant for a development permit shall pay a storm drainage system general facilities charge ("Storm Drainage GFC") in an amount as set forth in Title 4 of this code at the time of issuance of a building/engineering permit, except as provided below.

B.    The Storm Drainage System GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Storm Drainage GFC deferred under this section shall constitute a lien against the property for which it is payable. Payment of the Storm Drainage GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, shall determine the portions of the Storm Drainage GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the general facility charge shall be deferred under the following conditions:

1.    The Storm Drainage GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project, and

2.    Payment of the Storm Drainage GFC will be made at the earlier of the closing of sale of the property or any portion of the property, or three (3) years from the date of the City’s issuance of a Certificate of Occupancy for the property against which the Storm Drainage GFC is assessed, and

3.    A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development shall pay the fees assessed at the time of issuance of the building permit, or

4.    A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development shall pay the Storm Drainage GFC plus interest, for a total of 105% of the fees assessed at the time of issuance of the building permit, or

5.    A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development shall pay the Storm Drainage GFC plus interest, for a total of 110% of the fees assessed at the time of issuance of the building permit.

In the event that the Storm Drainage GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.430 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days prior to providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

The deferred payment option set forth in this subsection shall terminate on August 1, 2009, unless otherwise re-authorized by the City Council.

C.    All monies collected from the general facilities charge will be deposited in an account to be used for the capital improvements program of this utility.

(Ord. 6942 §2, 2014; Ord. 6886 §16, 2013; Ord. 6420 §5, 2006; 5466 §1, 1994; Ord. 5126 §28(part), 1990; Ord. 5123 §1(part), 1990).

13.16.090 Credit for additional storm drainage detention/retention or water quality treatment

A.    Nonresidential Parcels. Upon application to the department of public works and submittal of proof that an approved stormwater system is providing detention/retention or water quality treatment in excess of the policies and standards that existed at the time of development, the director may approve a reduction in the applicable service charges indicated in Section 4.24.010(4) of this code. That reduction will be accomplished by adjusting the development category of the affected parcel to the next highest category (e.g., from Category III to Category II) and calculating stormwater charges accordingly.

B.    Residential Plats. Upon application to the department of public works, the director may approve a reduction in the service charge assessed under OMC 4.24.010(4), for parcels in a plat approved prior to 1990, to that rate provided for plats approved after 1990, if it can be shown that said plat has a stormwater system that meets or exceeds the standards enacted in 1990 and the entity/person responsible therefor executes an approved maintenance agreement with the city.

(Ord. 5350 §3, 1992).

13.16.120 Billing date

The monthly or bimonthly billing date for the storm and surface water utility charges shall coincide with the billing date for the other city utilities, except that those users who receive only the services of this utility shall be billed on the date established by the director of administrative services as set forth in Chapter 4.24 of this code.

Except as otherwise provided herein, all monies collected from the storm and surface water utility shall be deposited in the storm and surface water utility fund which was established under Section 3.22.030 of the Olympia Municipal Code.

(Ord. 5398 §6, 1993; Ord. 5123 §1(part), 1990).

13.16.130 Adjustment of charges and appeals

Any person who considers that the charges established for their parcel are in error may apply in writing to the public works department for an adjustment. The grounds of the complaint shall be explicitly stated in the written complaint. The public works department shall review each complaint and respond to it in writing. A copy of the response shall be forwarded to the complainant and the department of administrative services.

(Ord. 5123 §1(part), 1990).

13.16.140 Collection of delinquent charges

The city shall have a lien against parcels to which drainage service has been furnished, which lien shall be in the amount of the charges due and owing.

(Ord. 5123 §1(part), 1990).

13.16.160 Authority to operate, maintain and modify the utility

The city elects to exercise all lawful powers necessary to maintain, operate, regulate, and control a storm and surface water utility as it exists and may be modified in the future.

(Ord. 5123 §1(part), 1990).

13.16.170 Sunset clause

The rates as increased in the ordinance codified in this section shall revert back to the 1992 (prior to the ordinance codified in this section) level upon payment in full of the bonds issued by the city which are secured by said increase in rates.

(Ord. 5350 §6, 1992).

13.16.180 Enforcement – Civil and criminal penalties – Public nuisance

A.    The Code Enforcement Officer shall enforce the provisions of this chapter.

B.    Any person, firm, or corporation who knowingly violates or fails to comply with the following sections of this chapter: 13.16.017, 13.16.020, 13.16.030 and 13.16.040 shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000) and/or imprisonment not to exceed ninety (90) days or both such fine and imprisonment. Each day shall be a separate violation. Each day of such violation or noncompliance shall constitute a separate offense. In the event of continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor, punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment for not more than three hundred and sixty-five (365) days or both such fine and imprisonment.

C.    As an additional and concurrent remedy, it shall be a civil infraction for any person, firm, or corporation to violate or fail to comply with the provisions of Olympia Municipal Code Sections 13.16.017, 13.16.020, 13.16.030, and 13.16.040.

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

D.    As a separate and concurrent remedy, any person who violates or fails to comply with the following sections of this chapter shall be liable to the City for the actual expense of cleanup or required maintenance.

E.    It shall be a public nuisance to violate or fail to comply with any of the following sections of this chapter: 13.16.017, 13.16.020, 13.16.030 and 13.16.040.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §41, 2001; Ord. 5918 §1, 1999; Ord. 5466 §3, 1994).