Chapter 15.04
STORMWATER
Sections:
15.04.010 PURPOSE.
15.04.020 COMPREHENSIVE PLAN.
15.04.030 SERVICE AVAILABILITY.
15.04.040 REGULATED ACTIVITIES.
15.04.041 EXEMPTIONS.
15.04.042 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS.
15.04.050 SERVICE CONNECTIONS.
15.04.060 ON-SITE (PRIVATE) IMPROVEMENTS.
15.04.070 SAMPLING STATIONS.
15.04.080 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS.
15.04.090 STORMWATER SYSTEM MAINTENANCE.
15.04.100 INTERRUPTION OF SERVICE.
15.04.110 CHANGED SITE CONDITIONS.
15.04.120 PROHIBITED ACTS.
15.04.130 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM.
15.04.010 PURPOSE.
The ordinances codified in this section establish availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system for the collection and treatment of surface drainage. (Ord. 4454 §1 (in part), 1994)
15.04.020 COMPREHENSIVE PLAN.
A Stormwater Comprehensive Plan shall be developed by the Department meeting the provisions of RCW 37.67.030. The Plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. (Ord. 4454 §1 (in part), 1994)
15.04.030 SERVICE AVAILABILITY.
Stormwater service is considered available to all of the public and private property owners residing within the service area and drainage basins which contribute stormwater into the Utility system either through natural drainages, direct discharge to receiving water, or constructed conveyance systems as identified in the Comprehensive Plan. (Ord. 4454 §1 (in part), 1994)
15.04.040 REGULATED ACTIVITIES.
Consistent with the minimum requirements contained in this Section, the City shall approve or disapprove the following activities, unless exempted in 15.04.041.
(a) New Development
(b) Redevelopment
(Ord. 4454 §1 (in part), 1994)
15.04.041 EXEMPTIONS.
Commercial agriculture, and forest practices regulated under Title 222 WAC, except for Class IV General forest practices that are conversions from timber land to other uses, are exempt from the provisions of this Section.
Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the minimum requirements of this Ordinance. (Ord. 4454 §1 (in part), 1994)
15.04.042 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS.
(a) Stormwater Best Management Practices (BMPs)
General: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this Section. BMPs are in the Manual.
Experimental BMPs: In those instances where appropriate BMPs are not in the Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in the Manual.
(b) Small Parcel Minimum Requirements
The following new development shall be required to control erosion and sediment during construction, to permanently stabilize soil exposed during construction, to comply with Small Parcel Requirements 1 through 5 below, and to prepare a small parcel stormwater management plan:
Individual, detached, single family residences and duplexes.
Creation or addition of less than 5,000 square feet of impervious surface area.
Land disturbing activities of less than one (1) acre.
(1) Construction Access Route.
Construction vehicle access shall be, whenever possible, limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment onto public roads.
(2) Stabilization of Denuded Areas.
Soil stabilization: All exposed soils shall be stabilized by suitable application of BMPs, including but not limited to, sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved. All BMPs shall be selected, designed and maintained as approved by the City. From October 1 through April 30, no soils shall remain exposed for more than 2 days. From May 1 through September 30, no soils shall remain exposed for more than 7 days.
(3) Protection of Adjacent Properties.
Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
(4) Maintenance.
All erosion and sediment control BMPs shall be regularly inspected and maintained to ensure continued performance of their intended function.
(5) Other BMPs.
As required by the City, other appropriate BMPs to mitigate the effects of increased runoff shall be applied.
(c) Large Development Minimum Requirements
(1) New development
i. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area; and/or land disturbing activity of one acre or greater, shall comply with Minimum Requirements in Sections (c)(3) through (c)(13).
Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan consisting of a Large Parcel ESC Plan and a PSQC Plan, as appropriate.
ii. All new development that includes the creation or addition of 5,000 square feet, or greater, of new impervious surface area, and/or land disturbing activity of less than one acre, shall comply with Minimum Requirements in Sections (c)(4) through (c)(13) and the Small Parcel Minimum Requirements.
Compliance shall be demonstrated through the implementation of an approved Stormwater Site Plan that includes a Small Parcel ESC Plan and PSQC Plan.
This Section does not apply to the construction of individual, detached, single family residences and duplexes. Those types of new development are included in the Small Parcel Minimum Requirements.
(2) Redevelopment
i. Where redevelopment of 5,000 square feet or greater occurs:
New development minimum requirements in Sections (c)(3) through (c)(13), shall apply to that portion of the site that is being redeveloped, and source control BMPs shall be applied to the entire site, including adjoining parcels if they are part of the project.
ii. In addition to the above requirements, where one or more of the following conditions apply, a stormwater management plan shall be prepared that includes a schedule for implementing the minimum requirements to the maximum extent practicable as determined by the Director, for the entire site, including adjoining parcels if they are part of the project. An adopted and implemented basin plan may be used to develop redevelopment requirements that are tailored to a specific basin.
(A) Existing sites greater than 1 acre with 50% or more impervious surface.
(B) Sites that discharge to a receiving water that has a documented water quality problem. Subject to local priorities, a documented water quality problem includes, but is not limited to, water bodies:
I. Listed in reports required under section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses;
II. Listed under section 304(l)(1)(A)(i), 304(l)(1)(A)(ii), or 304(l)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals;
III. Listed in Washington State’s Nonpoint Source Assessment required under section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards.
(C) Sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Ch. 400-12 WAC, or through Growth Management Act Planning.
(3) Minimum Requirement #1 - Erosion and Sediment Control
All new development and redevelopment that includes land disturbing activities of equal to or greater than one acre shall comply with erosion and Sediment Control Requirements below. Compliance with the Erosion and Sediment Control Requirements shall be demonstrated through implementation of an approved Large Parcel Erosion and Sediment Control Plan.
All new development and redevelopment that includes land disturbing activities of less than 1 acre shall comply with the small parcel minimum requirements found in Section (b), above. Compliance with small parcel requirements shall be demonstrated through implementation of a Small Parcel Erosion and Sediment Control Plan.
The following erosion and sediment control requirements shall be met:
i. Stabilization and sediment trapping.
All exposed soils shall be stabilized by suitable application of BMPs. From October 1 to April 30, no soils shall remain exposed for more than 2 days. From May 1 to September 30, no soils shall remain exposed for more than 7 days. Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs.
ii. Delineate clearing and easement limits.
In the field, stake and flag clearing limits and/or any easements, setbacks, sensitive/critical areas and their buffers, trees and drainage courses.
iii. Protection of adjacent properties.
Properties adjacent to the project site shall be protected from sediment deposition.
iv. Timing and stabilization of sediment trapping measures.
Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be seeded and mulched according to the timing indicated in Erosion and Sediment Control Requirement.
v. Cut and fill slopes.
Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with 3(a).
vi. Controlling off-site erosion.
Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater runoff from the project site.
vii. Stabilization of temporary conveyance channels and outlets.
All temporary on-site conveyance channels shall be designed, constructed and stabilized to prevent erosion from the expected velocity of flow from a 2-year, 24-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.
viii. Storm drain inlet protection.
All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
ix. Underground utility construction.
The construction of underground utility lines shall be subject to the following criteria:
(A) Where feasible, no more than 500 feet of trench shall be opened at one time.
(B) Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
(C) Trench dewatering devices shall discharge into a sediment trap or sediment pond.
x. Construction access routes.
Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
xi. Removal of temporary BMPs.
All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.
xii. Dewatering construction sites.
Dewatering devices shall discharge into a sediment trap or sediment pond.
xiii. Control of pollutants other than sediment on construction sites.
All pollutants other than sediment that occur on-site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater.
xiv. Maintenance.
All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with an approved manual.
xv. Financial liability.
Performance bonding, or other appropriate financial instruments, shall be required for all projects to ensure compliance with the approved erosion and sediment control plan.
(4) Minimum Requirement #2 - Preservation of Natural Drainage Systems
Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable.
(5) Minimum Requirement #3 - Source Control of Pollution
Source control BMPs shall be applied to all projects to the maximum extent practicable as determined by the Director. Source control BMPs shall be selected, designed, and maintained according to an approved manual.
An adopted and implemented basin plan (Minimum Requirement #9) may be used to develop source control requirements that are tailored to a specific basin. However, in all circumstances, source control BMPs shall be required for all sites.
(6) Minimum Requirement #4 - Runoff Treatment BMPs
All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the 6-month, 7-day return period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and ground water quality will not be impaired. Direct discharge of untreated stormwater to ground water is prohibited. All treatment BMPs shall be selected, designed, and maintained according to an approved manual.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government.
An adopted and implemented basin plan may be used to develop runoff treatment requirements that are tailored to a specific basin.
(7) Minimum Requirement #5 - Streambank Erosion Control
The requirement below applies only to situations where stormwater runoff is discharged directly or indirectly to a stream, and must be met in addition to meeting the for Runoff Treatment BMPs requirements:
Stormwater discharges to streams shall control streambank erosion by limiting the peak rate of runoff from individual development sites to not to exceed the pre-existing conditions for 2-year, 24-hour design storm while maintaining the existing condition peak runoff rate for the 10-year, 24-hour and 100-year, 24-hour design storms. As the first priority, streambank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and ground water quality is protected. Streambank erosion control BMPs shall be selected, designed, and maintained according to an approved manual.
Stormwater treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City.
An adopted and implemented basin plan may be used to develop streambank erosion control requirements that are tailored to a specific basin.
(8) Minimum Requirement #6 - Wetlands
The requirements below apply only to situations where stormwater discharges directly or indirectly through a conveyance system into a wetland, and must be met in addition to meeting the Runoff Treatment BMPs.
i. Stormwater discharges to wetlands will be treated to the extent practical prior to discharge.
ii. Discharges to wetlands shall maintain the hydroperiod and flows of existing site conditions to the extent necessary to protect the characteristic uses of the wetland. Prior to discharging to a wetland, alternative discharge locations shall be evaluated, and natural water storage and infiltration opportunities outside the wetland shall be maximized.
iii. Created wetlands that are intended to mitigate for loss of wetland acreage, function and value shall not be designed to also treat stormwater.
iv. In order for constructed wetlands to be considered treatment systems, they must be constructed on sites that are not wetlands and managed for stormwater treatment. If these systems are not managed and maintained in accordance with an approved manual for a period exceeding three years, these systems may no longer be considered constructed wetlands. Discharges from constructed wetlands to waters of the State (including discharges to natural wetlands) are regulated under Ch. 90.48 RCW, Ch. 173-201 WAC, and Ch. 173-200 WAC.
v. Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the City.
An adopted and implemented basin plan may be used to develop requirements for wetlands that are tailored to a specific basin.
(9) Minimum Requirement #7 - Water Quality Sensitive Areas
Where local governments determine that the minimum requirements don’t provide adequate protection of water quality sensitive areas, either on-site or within the basin, more stringent controls shall be required to protect water quality.
Stormwater Treatment BMPs shall not be built within a natural vegetated buffer, except for necessary conveyance systems as approved by the local government.
An adopted and implemented basin plan may be used to develop requirements for water quality sensitive areas that are tailored to a specific basin.
(10) Minimum Requirement #8 - Off-Site Analysis and Mitigation
All development projects shall conduct an analysis of off-site water quality impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one-fourth of a mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to:
i. Excessive sedimentation
ii. Streambank erosion
iii. Discharges to ground water contributing or recharge zones
iv. Violations of water quality standards
v. Spills and discharges of priority pollutants
(11) Minimum Requirement #9 - Basin Planning
Adopted and implemented watershed-based basin plans may be used to modify any or all of the Minimum Requirements, provided that the level of protection for surface or ground water achieved by the basin plan will equal or exceed that which would be achieved by the Minimum Requirements in the absence of a basin plan. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals. Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by local government. Basin plans shall be developed according to an approved manual.
(12) Minimum Requirement #10 - Operation and Maintenance
An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified.
(13) Minimum Requirement #11 - Financial Liability
Performance bonding or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards.
(14) Exceptions
Exceptions to minimum requirements #1 through #11 may be granted prior to permit approval and construction. An exception may be granted following a public hearing, provided that a written finding of fact is prepared, that addresses the following:
i. The exception provides equivalent environmental protection and is in the public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
ii. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;
iii. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the State; and
iv. The exception is the least possible exception that could be granted to comply with the intent of the Minimum Requirements.
(Ord. 4454 §1 (in part), 1994)
15.04.050 SERVICE CONNECTIONS.
All service connection shall be in accordance with the System Development and Construction Standards.
A service connection to a closed Stormwater drainage facility shall be extended from the conveyance facility to a point adjacent to the property line and shall be maintained by the property owner. (Ord. 4454 §1 (in part), 1994)
15.04.060 ON-SITE (PRIVATE) IMPROVEMENTS.
New multi-family (exceeding two units), commercial or industrial developments shall provide, at their own cost, on-site water quality and quantity improvements to include, but not be limited to, conveyance facilities, retention/detention ponds, under-drains, separators, or other on-site facilities that are required to limit the off-site discharge of stormwater and to control stormwater quality. Improvements shall be in accordance with the System Development and Construction Standards.
On-site facilities shall be regularly maintained, cleaned, serviced and repaired. Any inoperable facility shall be considered a nonconforming condition and subject to abatement under Section 15.04.080. (Ord. 4454 §1 (in part), 1994)
15.04.070 SAMPLING STATIONS.
When required by the Department, the property owner shall install and maintain at their expense, a manhole in the connection to facilitate observation, sampling, and measurement of surface drainage and stormwater flows and contaminant loadings. The manhole shall be located as approved by the Department and constructed in accordance with System Development and Construction Standards. (Ord. 4454 §1 (in part), 1994)
15.04.080 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS.
The Department shall be responsible for the integrity, safety, and the continuity of the stormwater system. As a condition of the Utility Service Agreement, the property owner shall grant the Department the authority to make inspections at any time if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming, unauthorized, or unsafe condition or to verify no such condition exists. The Director or his/her designee may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this Code, Provided, The Department shall first make reasonable efforts to contact the owner or person responsible for such property. The City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner’s correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this Title, and regulations and procedures adopted hereunder. Expense incurred by the Department in abating such conditions shall constitute a civil debt owed to the City which shall be collectable in the same manner as any other civil debt. (Ord. 4454 §1 (in part), 1994)
15.04.090 STORMWATER SYSTEM MAINTENANCE.
The Department shall be responsible for the operation, maintenance and repair of the stormwater system and appurtenances under its jurisdiction and located within the public right-of-way, dedicated utility easements an owned property. The Department shall not be responsible for servicing private systems extending from the City’s stormwater line, except as provided in this chapter.
When maintenance, repair, or replacement of publicly-owned facilities is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set fort in this Section, the City shall hold the responsible party liable for all costs of repairs, replacement, and inspection, and any other cost incurred to the City as a result of such activities. (Ord. 4454 §1 (in part), 1994)
15.04.100 INTERRUPTION OF SERVICE.
Stormwater service may be temporarily discontinued in an emergency without notice to customers or for the purpose of making repairs, extension, or any other necessary work. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this Code.
Whenever reasonable, and in cases where it has advance knowledge thereof, the Department will notify all customers to be affected by an interruption of service in the official City newspaper or by employees of the Department for areas affected. (Ord. 4454 §1 (in part), 1994)
15.04.110 CHANGED SITE CONDITIONS.
When an alteration to an existing parcel of property requires a building or grading permit, a new stormwater Utility Service or Development Agreement shall be required if any existing stormwater connections do not meet the current standards and requirements. (Ord. 4454 §1 (in part), 1994)
15.04.120 PROHIBITED ACTS.
Violations under this section shall be punishable as a misdemeanor unless otherwise indicated:
(a) Unlawful Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipe, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department.
(b) Prohibited Discharges. It shall be unlawful for any person to discharge or cause the discharge into any stormwater manhole, pipe, drain, ditch or natural water course any of the following materials and substances:
(1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer, drain, ditch or natural water course.
(2) Erosion, debris, and sediments from construction or excavation.
(3) Any pollution, as defined in this chapter, into the stormwater system, gases in sufficient quantity, either singly or by interaction with other wastes to constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters.
(4) Any strong acid (pH lower than 5.5) or alkaline (pH higher than 8.5) or any other corrosive waste capable of causing damage or hazard to the structures, equipment or personnel of the City.
(5) Any septage or wastewater. (Ord. 4454 §1 (in part), 1994)
15.04.130 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM.
(a) Purpose.
The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant.
(b) Disconnection Required by 2005.
Disconnection of all improper stormwater inflow to the wastewater system shall be made by January 1, 2005, unless continued connection is authorized by the Director where no practicable alternative for elimination of the improper stormwater inflow is available.
(c) Director’s Authority to Order Early Disconnection.
(1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system prior to January 1, 2005, where that disconnection is necessary to meet combined sewer overflow reduction plans and for elimination of sanitary sewer surcharging. The Order of Early Disconnection will generally be in target areas as defined elsewhere in this section.
(2) Notice. Notice of a Director’s Order for Early Disconnection will be provided in writing. The notice will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director.
(d) Target Areas.
The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or subbasins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems.
(e) Residential Disconnection Assistance Program.
(1) Program Overview. The Director shall establish a program to assist residential property owners in the elimination of improper stormwater inflow to the wastewater system (the Program). The Program may include, but not be limited to: technical assistance to residential property owners, provision of supplies for incorporation of work upon residential property, work in the right-of-way that supports the residential property improvements and funding of residential property improvements through grants and loans.
(2) Program Funding. The City Council shall periodically establish funding for the program, as well as setting limits and terms for loans and grants to participating residential property owners. If additional work is required beyond the limits established, it shall be performed by the owner at his/her expense.
(3) Eligible Participants. This Program may be utilized only by the owners of single family or duplex (2 or less units) residences with improper stormwater inflow to the wastewater system, which were in existence prior to January 1, 1995. The Program participants must eliminate all practicable improper stormwater inflow to the wastewater system from the property.
(4) Target Areas. The Director may implement and make available this Program throughout the wastewater service area, or instead only in target areas within the wastewater service area. When the Director issues an Order for Early Disconnection of improper stormwater inflow in an area where the Program is being implemented, the Director shall inform the owner of the availability of the Program. Participation in the Program shall be voluntary; owners declining to participate shall be required to proceed with removal of the improper private stormwater inflow to the wastewater system by the established effective date at the owner’s expense.
(5) Scope of Work. The Director shall determine for each participating property the scope of work for reduction of improper stormwater inflow to the wastewater system which may be paid for with Program funds, with the goal of achieving the most cost-effective and timely reductions.
(6) Application and Agreement
Owners who wish to participate in the Program must make application to the Department. The application will include the name of the applicant, property location, scope of work, estimate of cost, method of performing the work (contractor or owner) and other data as the Director deems appropriate. Applications will be accepted, evaluated and funded on a first come/first served basis subject to prioritization of target areas. Once an application is approved for funding the applicant will enter into an agreement with the City that will include the scope of work, eligible amount and loan or grant terms.
(7) Residential Property Work Funded by the City.
i. (a) Contractor performed work. Participating owners shall select a contractor in accordance with a competitive process established by the Director. After City review and verification of the contractor selection process and contract price, the owner shall contract with the selected contractor for performance of the approved scope of work. The City shall not be a party to such contract. The owner’s contract shall require the contractor to secure any building, right-of-way, or other permits as may be necessary, if the owner has not separately secured such permits.
(b) Owner Performed Work. The Director may establish rules authorizing reimbursement or partial reimbursement for owner-performed work. The owner shall secure any building, right-of-way or other permits as may be necessary.
ii. Release. As a condition to participation in the Program, the owner shall release the City and it’s officers and employees from all liability relating to the work.
iii. Payment. After the work is inspected and approved for conformance with the scope of work by the City, the Director shall authorize payment of the eligible amount provided in the agreement from funds appropriated to the Program. Partial payments will not be made.
iv. Deferred Reimbursement. The Director may establish a deferred reimbursement program whereby a residential property owner who performs the work necessary to discontinue the improper stormwater inflows from the property for which the Program does not have funds immediately available can have the eligible amount reimbursed at a later date when funds are available.
v. Maintenance. Participating owners shall be responsible for maintaining any improvements constructed under this Program.
vi. Director Rules. The Director may establish policies, procedures and such further criteria as are required to implement this Program.
(f) Abatement of Improper Stormwater Inflow.
Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. (Ord. 4734, Reaffirmed, 11/30/2000; Ord. 4684, Added, 12/28/1999)