Chapter 13.20
STORMWATER MAINTENANCE
Sections:
13.20.010 Findings of fact, need and purpose.
13.20.050 General requirements.
13.20.010 Findings of fact, need and purpose.
A. Findings of Fact. The city council of the city of Yelm (which may be referred to herein as the “city” or “Yelm”) finds that:
1. Stormwater facilities are a common feature of urban development;
2. In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained;
3. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and ground water;
4. If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.
B. Need. The city council finds that this chapter is necessary in order to ensure maintenance of all stormwater facilities within the city by setting minimum standards for the inspection and maintenance of stormwater facilities.
C. Purpose. The provisions of this chapter are intended to:
1. Provide for inspection and maintenance of stormwater facilities in Yelm to provide for an effective, functional stormwater drainage system.
2. Authorize the city’s director of public works, as director, to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter.
3. Establish the minimum level of compliance which must be met.
4. Guide and advise all who conduct inspection and maintenance of stormwater facilities. (Ord. 681 § 1, 1999).
13.20.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Best management practice” or “BMP” means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by the Department of Ecology. BMPs are listed and described in the manual.
“City” means the city of Yelm.
“Director” means the director of public works.
“Inspector” means a public works employee designated from time to time for that purpose by the director.
“Interflow” means that portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface, for example in a wetland, spring or seep.
“Person” and “owner” shall have the same meanings as in YMC 9.44.010 and Chapter 1.04 YMC and any cooperative, and also include any agency or unit of state or local government.
“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.
“Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.
“Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.
“Stormwater Management Manual” or “manual” means the manual adopted by reference and prepared by the Department of Ecology that contains BMPs to prevent or reduce pollution (or a technically equivalent manual approved by the Washington State Department of Ecology (“Ecology”)). (Ord. 681 § 2, 1999).
13.20.030 General provisions.
A. Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail unless prohibited by law.
B. 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. (Ord. 681 § 3, 1999).
13.20.040 Applicability.
When any provision of any other chapter of the Yelm Municipal Code (YMC) conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. (Ord. 681 § 4, 1999).
13.20.050 General requirements.
A. Maintenance Required. All stormwater facilities shall be maintained in accordance with this chapter and the Stormwater Management Manual which is hereby adopted by reference. A policy of systematic, routine preventive maintenance is to be followed insofar as is reasonably possible.
B. Minimum Standards. The following are the minimum standards for the maintenance of stormwater facilities:
1. Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.
2. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director or his or her designed inspector shall revisit the facility to assure that it is being maintained.
C. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.
D. Compliance. Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the Stormwater Management Manual. (Ord. 681 § 5, 1999).
13.20.060 Administration.
A. Director. The director shall administer this chapter subject to the supervision by the mayor or the city administrator if so designated by the mayor. The director shall have the authority to develop and implement administrative procedures including written guidelines, consistent with this code and subject to review and approval by the city council, to administer and enforce this chapter.
B. Inspection Authority. The director is directed and authorized to develop an inspection program for stormwater facilities in the city. Inspections shall be performed by an inspector as defined in this chapter.
C. Enforcement Authority. The director shall enforce this chapter, under the supervision of the mayor or the city administrator if designated by the mayor. (Ord. 681 § 6, 1999).
13.20.070 Inspection program.
A. Inspection. Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this chapter.
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 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 hazard, 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 C 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 Schedule. The director shall establish a master inspection and maintenance schedule for the inspector to inspect appropriate stormwater facilities that are not owned by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
D. Inspection and Maintenance Records. As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
1. As-built plans and locations;
2. Findings of fact from any exemption granted by the city;
3. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies;
4. Engineering reports, as appropriate.
E. Reporting Requirements. The director shall report annually to the mayor, city administrator and city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 681 § 7, 1999).
13.20.080 Enforcement.
A. General. Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken and choice of penalties imposed shall be based on the nature of the violation, the damage or risk to the public or to public resources, and the existence or nonexistence of bad faith of the persons subject to the enforcement action.
B. Orders. The director shall have the authority to issue to an “owner,” as that term is defined herein, an order to maintain or repair a component of a stormwater facility or BMP to bring it into compliance with this chapter, the Stormwater Manual and/or city regulations. The order shall include:
1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and
3. A reasonable time to comply, depending on the circumstances.
C. Abatement or Other Remedies or Penalties and Procedures. Unless otherwise provided or required by this chapter or other city ordinance, all enforcement procedures and measures, including abatement and other remedies and penalties and appeals, shall be as provided for nuisances or other violations in Chapter 9.48 YMC. For purposes of this section, a violation of this chapter may be treated as a public nuisance, and an order issued by the director under subsection B of this section may be issued, served, and enforced in the same manner as a notice of abatement under those provisions. The director is authorized and directed to adapt existing forms or adopt new forms to conform with specific needs under this chapter.
In the case of conflict between this chapter and any other chapter, this chapter shall control unless there is a clearly expressed or implied contrary intent of the city’s legislative body, or conflicting statutory requirement. (Ord. 681 § 8, 1999).