Chapter 13.01


13.01.010    Storm water utility created – Responsibilities.

13.01.015    Definitions.

13.01.020    Purpose.

13.01.030    Applicability.

13.01.040    Illicit discharges.

13.01.050    General design and construction standards.

13.01.060    Reserved.

13.01.070    Enforcement, violations and penalties.

13.01.010 Storm water utility created – Responsibilities.

There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a city storm and surface water utility to be known as the “Blaine storm water utility.” All references to “the utility” in this chapter refer to the city of Blaine storm water utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, including responsibilities for planning, design, construction, maintenance, administration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction, and maintenance of improvements on private property where these may affect storm and surface water management. The public works director or his/her designee shall be the administrator of the utility. The administrator of the utility shall formulate and propose to the city council for adoption by ordinance a system of rates and charges for services of the utility. Any revenues collected by the utility shall be separately accounted for and be used to provide for the operations and maintenance, improvements, debt service and administration of the utility. (Ord. 2909 § 2 (Att. A), 2018; Ord. 2480 § 1, 2000; Ord. 2445 § 1, 1999)

13.01.015 Definitions.

The definitions set forth herein shall apply throughout this title, unless expressly stated otherwise. Any definition contained in any other chapter or section of this title shall apply to all chapters and sections of this title, unless context clearly indicates otherwise.

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

A. “City” means the city of Blaine, Washington.

B. “Developed” means the state, status, or condition of the subject property at the time the proposed project has been completed, which may include existing buildings, impervious areas, and topography as is affected.

C. “Director of public works” or “director” shall refer to the director of public works for the city appointed by the city manager, or the director’s designee.

D. “Equivalent service unit” shall mean and be equal to a single-family residence or 4,200 square feet of impervious area and is the measure of impervious area to be used by the utility in assessing service charges against each parcel of property.

E. “Impervious area” means that hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of surface and storm water runoff. Open retention/detention facilities shall not be considered as impervious surfaces for the purposes of this section.

F. “Manual” means the most recent version of the Department of Ecology (DOE) Stormwater Management Manual for Western Washington.

G. “Person” means any individual, firm, company, association, society, corporation or group.

H. “Plan” means the Stormwater Management Program Plan, June 2000 or more recent plan, as applicable.

I. “Service charge” means the monthly fee levied by the utility upon all developed real property within the boundary of the utility as authorized herein.

J. “System” shall mean the entire system of storm water facilities owned by the utility or over which the utility has control or right of use for the movement and retention of storm and surface waters, including both naturally occurring and manmade facilities.

K. “Undeveloped conditions” means the state, status, or condition of the subject property prior to any development of the property that has occurred, which may include trees, pastures, or native features.

L. “Unified fee schedule” is the applicable schedule of fees, rates, charges and assessments established by resolution of the Blaine city council. Any regular or special fee, rate, charge and/or assessment approved by the Blaine city council shall be automatically included in the unified fee schedule without further action required.

M. “User” means a person, firm, corporation, entity, user, owner or occupant of a building, property, or premises using or having available for use the storm water system of the city of Blaine, and also means the person or entity responsible for paying storm water service charges as shown by the records of the city of Blaine.

N. “Utility” for the purposes of this chapter and Chapter 13.02 BMC only shall mean the city of Blaine storm water utility adopted by Ordinance 99-2445 and codified in this chapter.

O. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and which is controlled by public authority.

P. “Sanitary sewer” means a sewer which carries sewage and to which storm waters, surface waters and groundwaters are not intentionally admitted.

Q. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwaters, surface waters and storm waters as may be present.

R. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

S. “Sewage works” means all facilities for collecting, pumping, treating and disposing of sewage.

T. “Sewer” means a pipe or conduit for carrying sewage.

U. “Special service agreement,” also known as a “utility service agreement,” is a type of an agreement(s) required by this code to be executed prior to issuance of a building permit for all new or expanded water and sewer service connections, and may be required in this title prior to any connection to the city’s sanitary sewer system. Special service agreements provisions are set forth in this title in BMC 13.07.080 and in BMC 13.08.275.

V. “Storm drain,” sometimes termed “storm sewer,” means a sewer which carries storm waters and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

W. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2909 § 2 (Att. A), 2018)

13.01.020 Purpose.

The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, marine waters, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation, shellfish and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater quality, locations, and flow patterns; to ensure the safety of city roads and rights-of-way; and to decrease drainage-related damage to public and private property. (Ord. 2909 § 2 (Att. A), 2018; Ord. 2480 § 1, 2000; Ord. 2445 § 1, 1999)

13.01.030 Applicability.

All parties taking any of the following actions or applying for any of the following permits and/or approvals or other approvals identified by the city public works director will be required to submit for approval a storm water plan with their application and/or request, unless exempted by the public works director or designee. The storm water plan shall also comply with the Storm Drainage Chapter 11 of the Uniform Plumbing Code, the most recent Washington State Department of Ecology Stormwater Management Manual for Western Washington, and include those items designated in the city public works standard and development guidelines, and any application form provided by the city.

A. Creation or alteration of new or additional impervious surfaces;

B. New development;

C. Redevelopment;

D. Building permit;

E. Subdivision approval;

F. Short subdivision approval;

G. Commercial, industrial or multifamily site plan approval;

H. Planned unit development;

I. Development within or adjacent to critical areas and/or their buffers;

J. Rezones;

K. Conditional use permits;

L. Substantial development permit required under Chapter 90.58 RCW (Shoreline Management Act). (Ord. 2909 § 2 (Att. A), 2018; Ord. 2480 § 1, 2000; Ord. 2445 § 1, 1999)

13.01.040 Illicit discharges.

All storm or surface water discharges, made either directly or indirectly to a public drainage system, unless in compliance with the city public works standards and/or development guidelines, are prohibited and constitute a violation of this chapter, and shall be enforced as provided in BMC 13.01.070 and pursuant to Chapter 13.22 BMC. (Ord. 2909 § 2 (Att. A), 2018; Ord. 2480 § 1, 2000; Ord. 2445 § 1, 1999)

13.01.050 General design and construction standards.

A. Unless otherwise provided, it shall be the developer’s and property owner’s responsibility to design and construct a storm water system that complies with the standards and minimum requirements as set forth in the most current editions of:

1. The Washington State Department of Ecology (DOE) “Stormwater Management Manual for Western Washington”; and

2. City of Blaine “Development Guidelines and Public Works Standards”; and

3. The Uniform Plumbing Code.

In case of any conflicting provisions among these aforementioned documents, the most stringent, or most specific, provision shall apply, unless the city public works director approves otherwise.

B. For the purpose of determining the applicability of the minimum requirements contained in the DOE Stormwater Management Manual for Western Washington, for long subdivisions, short subdivisions, binding site plans, or lot line adjustments, the following minimum standards shall also apply, unless modified in writing by the public works director and reflected in a restrictive covenant with the county auditor binding the subject lots:

1. Each proposed lot will create an additional 4,200 square feet of new impervious surface area; and

2. All land surface area within each proposed lot will be disturbed; and

3. All land surface area within each proposed lot, minus 4,200 square feet, will be converted to lawn or will be landscaped. (Ord. 2909 § 2 (Att. A), 2018; Ord. 2651 § 1, 2006; Ord. 2552 § 1, 2003; Ord. 2480 § 1, 2000; Ord. 2445 § 1, 1999)

13.01.060 Reserved.

(Ord. 2909 § 2 (Att. A), 2018; Ord. 2480  1, 2000; Ord. 2445 § 1, 1999)

13.01.070 Enforcement, violations and penalties.

A. Violations of this chapter shall be enforced pursuant to Chapter 13.22 BMC, and shall be subject to the penalties set forth therein.

B. Civil Infraction/Misdemeanor. No utility service shall be established, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. As established in Chapter 7.80 RCW, a person or business that violates the requirements of this title shall be guilty of a civil infraction subject to enforcement as set forth in Chapter 13.22 BMC. Each and every day that such prohibited act continues shall be considered a separate violation. Each subsequent violation of this section shall be considered a misdemeanor punishable by a fine of not more than $1,000 and up to 90 days in jail per violation as set forth in Chapter 13.22 BMC, and in particular BMC 13.22.020(B). (Ord. 2909 § 2 (Att. A), 2018)