Chapter 13.28
STORMWATER
MANAGEMENT POLICY
Sections:
13.28.010 Purpose.
13.28.020 Definitions.
13.28.025 Prohibited discharges.
13.28.030 Drainage review – When required.
13.28.040 Drainage review – Requirements, review and approval.
13.28.050 Drainage review – Variances.
13.28.055 Drainage review – Deviations for low impact development proposals.
13.28.060 Construction – Timing.
13.28.070 Construction – Required bonds and liability insurance.
13.28.080 Maintenance – Maintenance of public drainage facilities.
13.28.090 Maintenance – Maintenance of private drainage facilities.
13.28.100 Maintenance – Minimum standards.
13.28.115 Best management practices for pollution source control.
13.28.120 Hazards.
13.28.130 Administration.
13.28.140 Appeals.
13.28.150 Severability.
13.28.010 Purpose.
The Council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and stormwaters, erosion control, and flooding. The Council also finds that this chapter is necessary in order to minimize water quality degradation; prevent flood damage, siltation and habitat destruction in the City’s creeks, streams and other water bodies; to protect property owners adjacent to developing land from increased runoff rates which could cause stream erosion and damage to public and private property; to promote sound development and redevelopment policies which respect and preserve the City’s watercourses and aquatic habitat; to promote low impact development strategies that reduces impervious surface and stormwater runoff; to ensure the safety of City roads and rights-of-way; prevent water quality degradation and ground water recharge through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance programs in order to promote the effectiveness of the requirements contained in this chapter. (Ord. 2288 § 2, 2000).
13.28.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Adjustment,” a term used by King County in the Surface Water Design Manual, is equivalent to the term “variance.”
B. “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
C. “Basin plan” means the 1996 Issaquah Creek Basin and Nonpoint Action Plan.
D. “Best management practices” or “BMPs” mean the best available and reasonable physical, structural, managerial, or behavioral activities, that when used singly or in combination, eliminate or reduce the contamination of surface and ground waters.
E. “Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch (other than routine maintenance, repair or emergency modifications, excluding driveway culverts installed as part of single-family residential building permits) that either serves to concentrate previously unconcentrated surface and stormwater runoff, or serves to increase, decrease and/or redirect the conveyance of surface and stormwater runoff.
F. “Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels and most flow control and water quality treatment facilities.
G. “Department” means the City of Issaquah Public Works Engineering Department or its successor organization.
H. “Development” means any activity that requires a permit or approval, including, but not limited to, clearing and grading permit, short plat approval, subdivision approval, building permit, and planned unit development approval.
I. “Director” means the Director of Public Works Engineering Department, or any duly authorized representative of such Director.
J. “Drainage” means the collection, conveyance, containment and/or discharge of surface and stormwater runoff.
K. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, flow control or water quality treatment facilities, source control best management practices, infiltration facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.
L. “Drainage review” means an evaluation by City of Issaquah permit review staff of a proposed project’s compliance with the drainage requirements in the Surface Water Design Manual, references in the Surface Water Design Manual such as basin plans and critical drainage areas, other requirements stated in this chapter, other applicable requirements of the Issaquah Municipal Code including the critical areas regulations (Chapter 18.10 IMC), and conditions of development or environmental permits issued for the project.
M. “Erosion and sediment control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site.
N. “Flow control facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in this chapter. Flow control facilities are designed either to retain water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground or to detain runoff for a short period of time and then release it to the conveyance system.
O. “High-use site” means a commercial, industrial or road intersection site that has characteristics that generate the potential for chronic oil accumulation. High-use sites include:
1. Commercial or industrial sites subject to:
a. An expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area;
b. Petroleum storage or transfer in excess of 1,000 gallons per year, not including routine fuel oil storage or transfer; or
c. Use, storage or maintenance of a fleet of 25 or more diesel vehicles each weighing over 10 tons; or
2. Road intersections with average daily traffic counts of 25,000 vehicles or more on the main roadway and 15,000 or more vehicles on any intersecting roadway (excluding pedestrian or bicycle use improvement projects).
P. “Illicit connection” means a pipe or other drainage facility that conveys anything not composed entirely of surface and stormwater directly to a storm drainage system or water body, except connections containing allowable discharges as defined in IMC 13.28.025, connections conveying discharges pursuant to a NPDES permit or a State Waste Discharge Permit, and connections conveying effluent from on-site sewage disposal systems to subsurface soils.
Q. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials or other nonvegetated surfaces which similarly impede the natural infiltration of surface and stormwater. Open uncovered flow control or water quality treatment facilities shall not be considered as impervious surfaces.
R. “Improvement” means streets (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, street trees and other appropriate items.
S. “Low impact development” means use of innovative or creative approaches to site design, using methods such as retention of natural vegetation, significant reduction of effective impervious surface, enhanced infiltration, and changes in traditional site features such as roads and structures, to achieve dramatically reduced or zero drainage discharge from the site after development.
T. “Low impervious surface” or “low effective impervious surface” means impervious surface reduction to a small fraction of that resulting from traditional site development techniques such that usual manmade drainage collection systems are not necessary.
U. “Low impervious surface project” or “low effective impervious surface project” means those projects characterized by a reduction of total impervious surface to a small fraction of that which would result from traditional development. Such projects will place impervious surfaces in increments such that runoff travel distance to a vegetative buffer is minimized and does not exceed a maximum of 15 feet. Further, the landscaped areas within such projects will be minimized and buffered on the down-slope side by a forested area. A forested area shall comprise at least 60 percent of the land area upon which the project is located, shall be maintained in perpetuity and shall substitute for a traditional drainage system. It is preferred that the site for such projects be characterized by a predominance of Soils Conservation Service Class C or D soils.
V. “Master drainage plan” means a comprehensive drainage control plan intended to prevent significant adverse impacts to the natural and constructed drainage system, both on-site and off-site.
W. “Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use or storage of erodible or leachable materials; wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surface unless they are treated to prevent leaching.
X. “Pollution-generating pervious surface” means a nonimpervious surface with vegetative ground cover subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks and sports fields.
Y. “Project” means any proposed action to alter or develop a site, which may also require drainage review.
Z. “Project site” means the portion of a site subject to proposed project activities, alterations and improvements including those required by this chapter.
AA. “Redevelopment project” means a project that proposes to add, replace and/or alter impervious surface for purposes other than routine maintenance, resurfacing, regrading, or repair on a site that is already substantially developed (35 percent or more existing impervious surface coverage).
BB. “Replaced impervious surface” means replacement of existing impervious surface during a redevelopment project for purposes other than routine maintenance, resurfacing, regrading or repair. Temporary removal of pavement for installation of utilities is not considered replaced impervious surface under this definition.
CC. “Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water.
DD. “Site” means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the City to carry out a development activity including any drainage improvements required by this chapter.
EE. “Stream channel” means the area of a natural or manmade drainage course between the tops of banks, where deposited contaminants would erode into the stream or become in contact with floodwaters during floods.
FF. “Surface and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water.
GG. “Surface Water Design Manual” means the September 1998 King County Surface Water Design Manual (and supporting documents as appropriate), prepared by King County Department of Natural Resources or its successor organization describing surface and stormwater design and analysis requirements, procedures and guidance.
HH. “Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in surface and stormwater runoff. Water quality treatment facilities are the structural component of best management practices (BMPs). When used singly or in combination, water quality facilities reduce the potential for contamination of surface and/or ground waters. (Ord. 2424 § 1, 2005; Ord. 2288 § 2, 2000).
13.28.025 Prohibited discharges.
A. Unlawful Discharges. It is unlawful for any person to discharge any contaminants into surface and stormwater, ground water, or within a stream channel. Contaminants include, but are not limited, to the following:
1. Illicit connections to storm drainage systems and surface water bodies, including sanitary sewers, process waste water dis-
charge, sump overflows, internal building drains, floor drains not exposed to rainfall runoff, or other similar connections;
2. Chemicals, petroleum products, paint, solvents, detergents and degreasers, or other toxic or deleterious materials;
3. Trash, debris, food waste, animal wastes, street cleaning waste, or similar refuse;
4. Unstabilized soil, sand, gravel, pavement debris, or construction materials that can erode in an uncontrolled manner into a drainage facility or stream channel;
5. Lawn clippings, leaves, branches or other landscaping and yard debris deposited in a stream channel or drainage facility;
6. Turbid water from construction site runoff, dewatering, soil boring or other excavation activities, except if such discharge is permitted under an approved temporary erosion and sediment control plan, a State Discharge Permit for construction activities, or other similar permit, and the water treatment facilities required under the approved permit are properly designed, constructed and maintained;
7. Any other material that is considered harmful to humans, animals, or aquatic life and its habitat.
B. Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the Director determines that the type of discharge is causing significant contamination of surface and stormwater or ground water.
1. Drainage from landscape watering, landscape maintenance and gardening activities at single-family residences, foundation drains and crawlspaces, roof drains, and natural groundwater and spring seepage as long as it is not causing erosion or sedimentation;
2. Water from well, reservoir, and water supply disinfection and flushing activities;
3. Dechlorinated swimming pool and spa water;
4. Car and boat washing, and other similar maintenance activities, conducted at a single-family residence; provided, that cleaning agents are biodegradable, nonphosphate, and nonsolvent based (such as engine or wheel cleaners);
5. Dye used in dye testing of stormwater drains and streams;
6. Contaminants resulting from emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety;
7. Pavement and street washing, but only after sweeping or vacuuming has first collected all debris, dirt and other material to the extent practicable; and
8. Runoff of roadway anti-icing and deicing agents; provided, that they are applied according to best management practices. (Ord. 2288 § 2, 2000).
13.28.030 Drainage review – When required.
A. Stormwater Management Manual Adopted. The City hereby adopts the Surface Water Design Manual, containing stormwater management design standards, methods, and procedures.
B. When Required. Drainage review is required when any proposed project meets or exceeds the threshold conditions defined in the Surface Water Design Manual (e.g., new impervious area, drainage system modifications, redevelopments, etc.) and is subject to a City development permit or approval. (Ord. 2288 § 2, 2000).
13.28.040 Drainage review – Requirements, review and approval.
A. Unless otherwise specified in this chapter, all standards, methods and requirements shall be in accordance with the Surface Water Design Manual.
B. Plan and Report Submittal. Drainage plans, supporting technical analyses and other required documentation shall conform to the reporting requirements contained in the Surface Water Design Manual.
C. Where to Submit. All storm drainage plans prepared in connection with any of the permits and/or approvals listed in IMC 13.28.030 shall be submitted for review and approval to the Permit Center.
D. All plans, drawings and calculations designed to control surface water and subsurface water, submitted to the City, will be prepared by a licensed professional engineer, registered in the State of Washington, and those plans, drawings and calculations will be stamped showing that engineer’s registration.
E. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
F. More Strict Standard Applies. When any provision of any other ordinance of the City’s regulations conflicts with this chapter, that which provides greater environmental protection shall apply unless otherwise provided for in this chapter. (Ord. 2288 § 2, 2000).
13.28.050 Drainage review – Variances.
A. Duties and Responsibilities. Except as provided for elsewhere in this chapter, variances (also know as adjustments) from this chapter may only be granted by the Director. The decision to grant, deny or modify the proposed variances shall be based upon evidence that the request meets the following criteria:
1. The variance is necessary to overcome a particular hardship caused by special circumstances relating to size, shape, topography or location of the subject property;
2. The variance is consistent with the intents and purposes of this chapter and other relevant City ordinances;
3. The variance shall not constitute a grant of special privilege inconsistent with limitations placed upon other properties;
4. Granting the variance will not result in harm or damage to other properties, waterways, or drainage facilities, and the variance will not be otherwise materially detrimental to public welfare;
5. The variance will produce a compensating or comparable result that is in the public interest;
6. The variance meets the objectives of safety, function, appearance, environmental protection, and maintainability based on sound engineering judgement.
B. Process. Variance application, review and approval procedures are provided in the Surface Water Design Manual, except that applications shall be submitted to the Director.
C. Conditions may be imposed upon the granting of any variance. Unless otherwise specified, the granting of a variance shall be subject to all plans, specifications and conditions set forth in the application.
D. If meeting the provisions of IMC 13.28.040 will deny reasonable use of a property, the best practicable alternative shall be obtained as determined by the Director according to the adjustment process defined in the Surface Water Design Manual.
E. The City may require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine compliance with this section and the approved plans and conditions. (Ord. 2288 § 2, 2000).
13.28.055 Drainage review – Deviations for low impact development proposals.
A. Authorized Deviations from Design Standards. In order to achieve the goals of low impervious surface development, the Director may approve deviations from the standards referenced in this chapter, the Issaquah Street Standards, and other chapters of the IMC under which the Director is authorized to approve such deviations, as appropriate and necessary to achieve the goals. Deviations that require approval under the Land Use Code, such as parking and landscaping standards, will require an administrative adjustment of standards as allowed for in the appropriate section of IMC Title 18, Land Use Code.
B. Requirements. The applicant shall provide justification, in a deviation request to the Director, for each deviation requested by demonstrating that the project meets all other requirements of the IMC except for such specific deviations and that such project has a reasonable assurance of long-term success. Deviations shall be based on the following criteria:
1. The deviations will produce a compensating or comparable result in stormwater flow control and treatment that is in the public interest;
2. The deviations contribute to and are consistent with the goal of achieving low effective impervious surface area within a development;
3. The proposed development project offers reasonable assurances that low impervious surfaces will be achieved and maintained;
4. The deviations do not threaten public health or safety;
5. The deviations are consistent with generally accepted engineering and design practices;
6. The deviations promote one or more of the following:
a. Innovative site or housing design;
b. Increased on-site stormwater retention using native vegetation;
c. Retention of at least 60 percent of natural vegetation conditions over the site;
d. Improved on-site water quality beyond that required by current applicable regulations;
e. Retention or re-creation of pre-development and/or natural hydrologic conditions to the maximum extent possible;
f. The reduction of effective impervious surfaces to the maximum extent practicable;
7. The deviations do not allow density greater than what would otherwise be allowed under city regulations then in effect;
8. The deviations do not present significantly greater maintenance requirements at facilities that will be eventually transferred to public ownership;
9. There shall be submitted in conjunction with each such project, covenants, conditions and restrictions which will be binding upon the property all necessary native growth protection easements, impervious surface restrictions and such other critical features as the Director may require.
C. Evaluation and Monitoring. The Director may require that applications for approval of a project pursuant to the terms of IMC 13.28.055 be accompanied by a proposed monitoring and evaluation process designed to measure the performance of specific elements addressed in the deviations sought for the project. (Ord. 2288 § 2, 2000).
13.28.060 Construction – Timing.
A. Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:
1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan;
2. Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and/or for the project are completed, and the potential for on-site erosion has passed.
B. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site shall be constructed and in operation. Recording of formal and administrative subdivisions may occur prior to the construction of drainage facilities when approved in writing by the Director only to minimize impacts that may result from construction during inappropriate times of the year. (Ord. 2288 § 2, 2000).
13.28.070 Construction – Required bonds and liability insurance.
A. The Public Works Engineering Department is authorized to require all persons constructing drainage facilities that are to be maintained by the City as provided for under IMC 13.28.080 to post with the Director cash and surety bonds to cover the cost of defects in materials, workmanship, and installation, and to correct maintenance deficiencies during the initial 2-year maintenance period following satisfactory completion of the facilities. Posting of such bonds shall be consistent with the City of Issaquah administrative policy for security deposits.
B. The person constructing the facility shall maintain a liability policy during the initial 2-year maintenance period, up until the point in time when the City assumes maintenance responsibilities (in accordance with IMC 13.28.080), with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage, and shall name the City of Issaquah as an additional insured. A copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance, and shall be provided to the City prior to commencement of the work. (Ord. 2288 § 2, 2000).
13.28.080 Maintenance – Maintenance of public drainage facilities.
The City is authorized to assume the maintenance of drainage facilities after the expiration of the 2-year maintenance period in connection with the subdivision of land if:
A. All of the requirements of IMC 13.28.070 have been fully complied with;
B. The facilities have been inspected and approved by the Department after their second year of operation;
C. All necessary easements or dedications entitling the City to properly maintain the facility have been conveyed to the City;
D. A drainage facility, which does not meet the criteria of this section, shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. 2288 § 2, 2000).
13.28.090 Maintenance – Maintenance of private drainage facilities.
A. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance in accordance with IMC 13.28.080.
B. Prior to the issuance of any of the permits and/or for any multifamily or commercial project required to have a flow control and/or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the Surface Water Design Manual. The restrictions set forth in such covenant shall include, but not be limited to, provisions for notice to the persons holding title to the property of a City of Issaquah determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County records division.
C. The City is authorized to inspect private stormwater facilities and issue orders requiring maintenance and/or repair in accordance with IMC 13.28.130. In the event that the titleholders do not effect such maintenance and/or repairs, the City may perform such work. The City may enforce the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual.
D. The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the drainage facility was required.
E. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 2288 § 2, 2000).
13.28.100 Maintenance – Minimum standards.
A. Maintenance Required. All drainage facilities, including both private and public, shall be maintained in accordance with this chapter and the Surface Water Design Manual.
1. The Director shall establish inspection, scheduling, standards and compliance procedures for maintenance of all publicly and privately owned stormwater facilities. At a minimum, for all publicly and privately owned stormwater facilities, the base frequency for inspection and maintenance shall be annually. The Director may establish, upon review of past inspection results and experience, different frequencies of inspection based on site conditions, such as more intensive maintenance at facilities exhibiting recurring maintenance problems or high sediment loading, or reduced maintenance at facilities with low sediment loading or minimal drainage area.
2. Maintenance shall include removal of debris, sediment and vegetation, facility repairs or improvements, and other activities that are needed to ensure continued performance of the stormwater facility at a level commensurate with the original approved facility design. Maintenance standards for public and private facilities shall conform to the operation and maintenance plan contained in the latest version of the City’s Stormwater Management Plan. The Director may develop additional maintenance requirements as necessary to comply with new Federal or State regulatory programs.
3. Where maintenance or repair is found necessary to correct health or safety problems, to control harmful or prohibited materials entering the stormwater system, or to remove harmful or prohibited materials that have entered the stormwater system, remedial work necessary to correct the problem shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours. When maintenance and repair is found necessary to prevent water quality degradation, the repair shall be completed within 14 calendar days. For nonurgent problems or general maintenance, repair or maintenance shall be the completed within one month of notification by the City.
B. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall follow all applicable Federal, State and local regulations. (Ord. 2288 § 2, 2000).
13.28.115 Best management practices for pollution source control.
A. BMP Requirements.
1. Stormwater Pollution Control Manual Adopted. The 1995 edition of the King County Stormwater Pollution Control Manual, Best Management Practices for Businesses, as subsequently amended, is hereby adopted by the City and is hereinafter referred to as the BMP Manual. This manual provides detailed technical information on source control pollution prevention practices at commercial, industrial, multifamily and government sites that shall be implemented in accordance with this chapter to reduce the contamination of stormwater, surface water, and groundwater.
2. All proposals for new development and redevelopment shall include source control pollution prevention BMPs as required by the Surface Water Design Manual.
3. Source control BMPs shall be implemented at existing commercial, industrial, multifamily and government sites as follows:
a. In applying the BMP manual to existing developments, the Director shall first require the implementation of source control BMPs through voluntary measures using public education and informational assistance. The Public Works Engineering Department will provide, upon reasonable request, available technical assistance materials and information.
b. If, after 60 days from providing technical assistance, a request for voluntary compliance of the BMP requirements at an existing development is not adequate to prevent contaminants, as defined in IMC 13.28.025, from entering surface and stormwater or ground water in sufficient quantities such that a hazard as defined in IMC 13.28.120 is present, due to a lack of appropriate BMPs to contain the contaminants on-site, the Director may serve notice to the property owner that immediate action is required to correct the problem. Within one month the Director shall revisit the facility to ensure that BMPs have been implemented.
c. In the event that the property owners of the development site fail to implement the BMP requirements, the City may perform such work upon due notice. The titleholders of the property are required to reimburse the City for any such work.
B. Exemptions.
1. Persons implementing BMPs through another approved Federal, State, or local program will not be required to implement the BMPs prescribed in the BMP manual, unless the Director determines that the other program’s BMPs are ineffective at reducing the discharge of contaminants. If the other program requires the development of a best management practices plan, the person shall make their plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons who:
a. Have obtained and are complying with a general or individual permit under the NPDES Stormwater Permit Program;
b. Are a public facility implementing BMPs in compliance with the stormwater management program of a NPDES municipal stormwater permit;
c. Are voluntarily implementing other BMPs, which are equivalent measures, methods, or practices to the BMPs in the BMP manual;
d. Are implementing required BMPs for new construction projects, pursuant to this chapter and the Surface Water Design Manual. However, projects that are exempt from implementing water quality BMPs in this chapter are not exempt from the BMP requirements in the Surface Water Design Manual.
2. Persons conducting normal single-family residential activities will not be required to implement the BMPs prescribed in the BMP manual, unless the Director determines that these activities pose a hazard to public health, safety, or welfare; adversely impact aquatic life or its habitat; endanger any property; or adversely affect the safety and operation of City right-of-way, utilities, and/or other property owned or maintained by the City. (Ord. 2288 § 2, 2000).
13.28.120 Hazards.
Whenever the Director determines that any existing construction site, erosion and sedimentation problem, developed parcel with runoff containing contaminants, and/or drainage facility poses a hazard to life and limb, endangers any property, endangers the health of aquatic life and/or habitat, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of public right-of-way, utilities, waters of the State, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to IMC 13.28.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take the measures necessary to eliminate the hazardous situation; provided, that the Director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to IMC 13.28.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 2288 § 2, 2000).
13.28.130 Administration.
A. Administration.
1. Director. The Director of Public Works Engineering or a designee shall administer this chapter and shall be referred to as the Director. The Director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
2. Review and Approval. The Director may approve, conditionally approve, or deny an application for activities regulated by this chapter.
B. Enforcement. The Code Enforcement Officer shall enforce violations of this code, as provided for in Chapter 1.36 IMC, Code Enforcement. The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
C. Inspections.
1. Authority. The Director is authorized to gain access to private property, make such inspections of drainage facilities, and take such actions as may be required to enforce the provisions of this chapter.
2. Procedures for Entry to Private Property. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities or whenever the Director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the Director may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that if such premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof, and has reason to believe the condition of the stormwater system creates an imminent hazard, the inspector may enter.
3. Property Owners Responsibility to Provide and Maintain Access to Drainage Facilities. Proper ingress and egress to any stormwater facility shall be provided to the Director to inspect, monitor or perform any duty imposed upon the Director by this chapter. The Director shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within 7 days from the receipt of notification the Director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the City in causing such work to be done shall thereby be imposed on the person holding title to the subject property.
D. Orders.
1. Authority. The Director is authorized to issue to an owner or persons representing an owner an order to maintain or repair a component of a drainage facility to bring it into compliance with this chapter.
2. Procedure. The order shall include:
a. A description of the specific nature, extend and time of the violation and the damage or potential damage that reasonably might occur;
b. A notice that the violation or the potential violation cease and desist and the specific corrective action to be taken;
c. A reasonable time to comply, depending on the circumstances;
d. Penalties that may be incurred by any owner of a stormwater system not in compliance with this chapter; and
e. Any required structural repairs to a drainage facility are subject to approval by the Director.
E. Penalties for Violations.
1. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the Director shall be subject to the civil and criminal penalties provided in Chapter 1.36 IMC, Code Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.
2. Reinspection Fees. In addition to criminal and civil penalties, the Director may impose a reinspection fee for any account or storm drainage facility found not to be in compliance of this chapter. The inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter. (Ord. 2288 § 2, 2000).
13.28.140 Appeals.
The final decision of the development permit under which drainage review is required in accordance with IMC 13.28.030, including the specific requirements and conditions of this chapter, is appealable. Guidelines and procedures for such appeals shall follow the appeal process contained in Chapter 18.04 IMC, Procedures. (Ord. 2288 § 2, 2000).
13.28.150 Severability.
If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. (Ord. 2288 § 2, 2000).