Chapter 13.40
STORMWATER MAINTENANCE
Sections:
13.40.030 Abrogation and interpretation of provisions.
13.40.060 Regulated activities.
13.40.070 Maintenance requirements.
13.40.075 Stormwater minimum requirements and best management practices (BMPs).
13.40.080 Maintenance of drainage ditches.
13.40.085 Maintenance of low impact development (LID) facilities.
13.40.010 Purpose.
The provisions of this chapter are intended to:
A. Provide for inspection and maintenance of stormwater facilities in the city to provide for an effective, functional and maintained stormwater drainage system;
B. Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter;
C. Establish the minimum level of compliance which must be met;
D. Guide and advise all who conduct inspection and maintenance of stormwater facilities;
E. Provide for inspections of existing sites by the city, or its authorized designee, to ensure adequate source control BMPs are in place and maintained to prevent illicit discharges or violations of surface water, groundwater, or sediment management standards;
F. Provide for city maintenance to protect the public health and general welfare when no other reasonable option exists and provide for recovery of the city’s cost and expense. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.020 Definitions.
For the purposes of this chapter, the following definitions shall apply. The definitions in:
A. Wetlands Guidance Appendices, Definitions of the SWMMWW;
B. The glossary and notations in the current Department of Ecology SWMMWW; and
C. Section 2, Definitions Related to Minimum Requirements, Appendix I of the current NPDES Phase II Municipal Stormwater Permit;
are incorporated by reference, unless the context clearly indicates that another definition is applicable.
“Department” means Washington State Department of Ecology.
“Director” means the public works director or his/her authorized designee.
“Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.
“Source control BMP” is a structure or operation intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater.
“Stormwater management manual” or “manual” means Appendix I of the current NPDES Phase II Municipal Stormwater Permit, including the mandatory incorporated provisions of the current Department of Ecology Stormwater Management Manual for Western Washington (“SWMMWW”).
“SWMMWW” means the current Ecology Stormwater Management Manual for Western Washington.
When not inconsistent with the definitions in this section, where applicable the definitions in Chapters 13.36 and 13.42 also shall apply. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.030 Abrogation and interpretation of provisions.
A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate or impair any existing ordinances, regulations, issued permit requirements, easements, covenants or deed restrictions, except as expressly stated. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.
B. Interpretation. The provisions of this chapter shall be liberally construed to serve the purposes of this chapter. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.040 Applicability.
A. When any provision of any other ordinance of the city conflicts with this chapter, that which provides the higher standard of environmental protection shall apply unless specifically provided otherwise in this chapter.
B. This chapter applies to all activities and facilities subject to Chapter 13.36, and which are permanent, require maintenance or shall require compliance after the completion of the permitted activity and facility regulated by Chapter 13.36.
C. At the completion of the activities which are subject to Chapter 13.36, the continuing maintenance and operation of any facilities that continue in operation will be subject to this chapter. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.050 Stormwater management manual and Appendix I of permit adopted—Administrative provisions authorized.
A. The thresholds, definitions, minimum requirements and exceptions, adjustment and variance criteria found in Appendix I of the NPDES Phase II Municipal Stormwater Permit, including the minimum and mandatory incorporated provisions of the current Department of Ecology Stormwater Management Manual for Western Washington, are hereby adopted by reference, and are hereinafter collectively referred to as the “manual.”
B. The director may, in his discretion, modify, adopt and publish standards, designs and administrative regulations for permitting, to supplement the manual; provided, that the standards, designs and administrative regulations are consistent with the manual. The standards, designs and administrative regulations may include nonstructural preventative actions and source reduction approaches such as low impact development (LID) techniques consistent with the manual. Prior to adoption, the director shall solicit written and verbal comment at an advertised public hearing.
C. Any standards, designs, and administrative regulations adopted by the director shall be published in printed form maintained for inspection and copying at the office of the city engineer. Any such standards, designs, and administrative regulations shall have the same effect as a provision of this chapter, and its administration and application to a particular permit is subject to appeal and variance in the same manner as the provisions of this chapter.
D. Facilities shall be used and maintained to comply with the manual. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.060 Regulated activities.
Regulated activities are:
A. All development, redevelopment and activities subject to Chapter 13.36 and not exempt thereunder shall be a regulated activity subject to this chapter and shall be subject to the applicable requirements of the manual and maintenance as required by this chapter.
B. If new development, redevelopment and activities at sites below the regulatory threshold of this chapter or Chapter 13.36 were subject to regulation at the time of permitting, they shall continue to be subject to stormwater regulations, even if the site activities resulted in land disturbances of less than the one-acre threshold. The local stormwater requirements in effect at the time of permit issuance shall apply.
C. Existing publicly and privately owned institutional, commercial, and industrial sites where land uses and activities have the potential to generate pollutants to the MS4. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.070 Maintenance requirements.
A. Maintenance Required. All stormwater facilities and BMPs shall be operated and maintained in accordance with this chapter, the manual, including the minimum standards and BMPs in the manual, the Western Washington Phase II Municipal Stormwater Permit, the Sedro-Woolley stormwater management plan, development covenants, conditions and restrictions, and approved facilities operation and maintenance manuals. The director may require a memorandum advising of approved project operations and maintenance manuals to be recorded with Skagit County auditor.
B. General Compliance. It shall be the duty of the owner to maintain, repair and restore, at the owner’s expense, all private stormwater and drainage systems and BMPs located on the owner’s property or within an area of shared interest owned in common with other property owners. Maintenance shall be performed in accordance with the manual and in accordance with any maintenance schedule or approved operations and maintenance manual for the facility or property that was adopted during the plan review process for constructing the facilities. Should private stormwater facilities not be maintained, repaired and restored in accordance with standards of this chapter, then the city may choose to perform the necessary maintenance, repair or restoration and charge the property owner or property owners’ association in accordance with the provisions of this chapter.
C. Compliance for Certain Large Facilities. The owner or operator of an institutional, commercial or industrial establishment, as defined in the manual, that has the potential to generate pollutants into the city storm sewer system shall provide appropriate protections from accidental discharge of prohibited materials, illicit discharges or other delivery of wastes through the use of applicable structural and nonstructural source control BMPs in the manual. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge as defined in Chapter 13.42, shall be required to implement additional structural and nonstructural source control BMPs to prevent further discharge of pollutants to the storm sewer system as part of maintenance, repair and restoration.
D. Financial Responsibility. The director may require a bond or other surety, or a blocked or assigned fund in a federally insured financial institution, as security for the permanent maintenance, operation, restoration and repair of the stormwater facilities, as a condition of project or plat approval, on such conditions as the director deems reasonable, considering the size and cost of the facility. Whether any such security is provided, the property owner or owners, the homeowners’ association or the person or entity causing discharge or a maintenance, repair or restoration failure shall be responsible for the costs associated with said discharge, and the costs of maintenance, repair or restoration.
E. City Cleanup, Maintenance and Repair. Notwithstanding any other provision of this chapter, where the public health or general welfare requires that cleanup of discharges, and/or repair, maintenance, or restoration of a facility subject to this chapter, the city may undertake such cleanup, repair, maintenance or restoration. The costs incurred by the city shall be a charge against the responsible parties, and a lien against the property from where the discharge came, or the property where the facility is located, may be imposed by the director. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.075 Stormwater minimum requirements and best management practices (BMPs).
The following are the minimum standards for the maintenance of stormwater facilities and BMPs:
A. No person shall cause or permit any drainage system located on the owner’s property to be obstructed, filled, graded, or used for disposal of debris.
B. Inspection frequency shall be as specified in the manual or approved maintenance manual. Records of the inspection shall be retained on site or by the owner or administrator of the facility. If records are requested by the director, response and providing of the records is required within ninety days.
C. Vegetated stormwater facilities, such as grassed swales and biofilters, shall be inspected, mowed and replanted as required by the manual or other applicable maintenance manual as set forth herein.
D. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed in accordance with the following schedule:
1. Within one year for typical maintenance of facilities, except catch basins.
2. Within six months for catch basins.
3. Within two years for maintenance that requires construction of less than twenty-five thousand dollars.
E. Disposal of waste from maintenance activities shall be conducted in accordance with Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling; guidelines published by the Washington State Department of Ecology for disposal of waste materials from stormwater maintenance activities; and, where appropriate, Chapter 173-303 WAC, Dangerous Waste Regulations. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.080 Maintenance of drainage ditches.
A. Open drainage ditches located on private property or within public drainage easements shall be cleaned, maintained and protected in continuous compliance with the standards and specifications of the city. Responsibility for such work shall be borne by the owner of the underlying property; provided, that the city shall bear such responsibility for regional drainage ditches, as determined by the director of the department of public works, if the same are publicly owned or within public easements which are accessible to city personnel. Any party may appeal a determination of the director in this regard to the city council, and the decision of the city council shall be final.
B. No person shall cause or permit open drainage swales and ditches to be obstructed, filled, graded or used for disposal of debris.
C. Upon receiving express approval from the director of the department of public works, a property owner may convert a drainage ditch into an enclosed drainage system. Such work shall be performed in compliance with the standards and specifications of the city and shall be subject to inspection and approval by the department of public works. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.085 Maintenance of low impact development (LID) facilities.
A. Approved LID facilities, which are located on private property or in public street rights-of-way but dedicated to private ownership, shall be cleaned, maintained, restored and protected in continuous compliance with this title, the standards and specifications of the city, and any recorded maintenance agreements. Responsibility for such work shall be borne by the owner of the underlying property or parties with shared ownership interest.
B. Property owners shall inspect and maintain approved LID facilities in accordance with the maintenance requirements set forth in the manual, or the most current edition of the LID Technical Guidance Manual for Puget Sound, as needed or as specified in said manual and in city standards, maintenance specifications, and any recorded maintenance agreements.
C. If an approved LID facility required to be maintained by a private property owner fails to perform as designed due to lack of maintenance, the city has the authority to perform the necessary maintenance, and to recoup the costs incurred from the property owner directly or by listening the property. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.090 Authority.
A. Director. The director or a designee/inspector shall administer and enforce this chapter and shall be referred to as the director.
B. Inspection Authority. The director is directed and authorized to develop an inspection program for private stormwater facilities, and existing public, commercial and industrial sites with the potential to generate pollutants.
C. Plan, Manual, and Inspection Schedule. All activities and facilities which are subject to this chapter shall submit a permanent maintenance plan, maintenance and operations manual, and an inspection schedule, which shall be subject to the approval of the director. Compliance with the plan, maintenance manual and inspection schedule shall be a condition of project approval.
D. Previously Constructed Facilities. This chapter shall apply to stormwater facilities which were legally constructed to the extent permitted and required by the manual. The facilities shall be subject to inspection for compliance with the original conditions of approval and the applicable standards of this chapter. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.100 Inspection program.
A. Inspection. The director is authorized to inspect during regular working hours and at other reasonable times all private stormwater drainage systems, BMPs, and existing public, commercial, and industrial sites with the potential to generate pollutants within the city to determine compliance with the provisions of this chapter. The director shall establish a master list of all known stormwater facilities that are not owned by the city.
The following schedule shall apply:
1. Stormwater facilities permitted and constructed after February 2007 shall be inspected annually.
2. Stormwater facilities permitted and constructed prior to February 2007 will be inspected on an as-needed schedule.
3. Facilities which the director has reason to believe are not being maintained or operated consistent with permit approvals or as designed, may be inspected by the director at any time, as set forth below.
4. Existing public, commercial and industrial sites with the potential to generate pollutants to the city stormwater system shall be inspected at least once in a five-year period.
B. Procedures. Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.
1. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or any other person(s) having charge or control of the property or portions of the property and request entry.
2. If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent threat to public safety, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
4. The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (B)(3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
C. Inspection and Maintenance Records. As existing stormwater facilities are encountered, they shall be added to the master list and maintenance schedule, if applicable. Records of new stormwater facilities shall include the following:
1. As-built plans and locations;
2. Findings of fact from any exemptions granted by the local government;
3. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies;
4. Engineering reports, as appropriate.
D. Easement. The director may require, as a condition of project approval, that the city of Sedro-Woolley be conveyed a permanent easement to access the permitted stormwater facilities for purposes of inspection and emergency maintenance, restoration and repairs. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.110 Civil enforcement.
A. The director shall enforce this chapter. Violations of this chapter shall be subject to civil penalties and process as set forth in Title 18. It shall be a violation of this chapter to (1) engage in any regulated activity without a permit issued pursuant to this chapter, (2) violate the terms and conditions of a permit issued pursuant to this chapter, (3) permit, allow, or commit an illicit discharge prohibited by Chapter 13.42, or (4) fail to maintain, repair or restore a facility as required by this chapter.
B. The director is authorized to seek recover city costs incurred, injunctions, restraining orders, and other civil relief in court as is necessary to enforce this chapter. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.120 Criminal violation.
In addition to any civil penalty or civil enforcement action, a willful violation of this chapter by any person shall constitute a gross misdemeanor punishable by a five-thousand-dollar fine, imprisonment in jail not to exceed one year, or both. (Ord. 2068-24 § 2 (Att. B), 2024)
13.40.130 Fees.
The applicant shall pay all fees and costs as established by ordinance or resolution prior to project approval or other review or inspections pursuant to this chapter. If no separate fee is established, the applicant shall pay a fee based on the hourly rate for city engineering services established by separate ordinance or resolution for plan review. (Ord. 2068-24 § 2 (Att. B), 2024)