Chapter 15.13
STORMWATER MANAGEMENT

Sections:

15.13.010    Purpose.

15.13.020    Definitions.

15.13.030    General provisions.

15.13.040    General requirements.

15.13.050    Administration.

15.13.060    Maintenance and inspections.

15.13.070    Repealed.

15.13.080    Illicit discharges and connections.

15.13.090    Enforcement.

15.13.010 Purpose.

A. The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the city.

B. It is the purpose of this chapter to:

1. Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;

2. Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;

3. Maintain and protect groundwater resources;

4. Decrease potential landslide, flood and erosion damage to public and private property;

5. Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrological conditions;

6. Maintain and protect the city stormwater management infrastructure and those downstream;

7. Provide a means of regulating, clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety;

8. Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies. (Ord. 702 § 1.3, 1995).

15.13.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:

A. “AKART” means all known available and reasonable methods of prevention, control, and treatment.

B. “Best management practice” or “BMP” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

C. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

D. “Hyperchlorinated” means water that contains more than 10 mg/liter chlorine.

E. “Illicit connection” means any human-made conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

F. “Municipal separate storm sewer system” (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

1. Owned and operated by the city of Bonney Lake.

2. Designed or used for collecting or conveying stormwater;

3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and

4. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

G. “Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

H. “Person” means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner of the premises or an owner’s agent.

I. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter or any kind.

J. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

K. “Stormwater” means runoff during and following precipitation or snowmelt events, including surface runoff and drainage.

L. “Stormwater drainage systems” means publicly owned facilities, including the city’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets piped storm drains, pumping facilities, retention or detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

M. “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 facilities are described in the manual.

N. “Stormwater management manual” or “manual” means the manual adopted by reference and prepared by Pierce County that contains BMPs to prevent or reduce pollution. The stormwater management manual contains BMPs to prevent or reduce pollution and also includes maintenance provisions for all BMPs.

O. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. (Ord. 1330 § 1, 2009; Ord. 702 § 2, 1995).

15.13.030 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.

B. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall serve the purposes of this chapter. (Ord. 702 § 3, 1995).

15.13.040 General requirements.

A. Adoption of County Manual by Reference. The Pierce County Stormwater Management and Site Development Manual is hereby adopted by reference, provided:

1. The director of public works at any time may adopt any subsequent or amended versions of the Pierce County Stormwater Management and Site Development Manual to govern stormwater requirements in the city of Bonney Lake without further action by the city council, such that the most current version of the manual remains in effect. The director may also prepare and promulgate a surface water design manual for the city, or individual provisions thereof, which shall on its or their effective date supersede the Pierce County Stormwater Management and Site Development Manual or the relevant provisions thereof.

2. Those provisions of the Pierce County Stormwater Management and Site Development Manual relating merely to administration by county departments and personnel shall be interpreted, adapted and administered by the director of public works in a manner appropriate for use by the city.

B. Maintenance Required. All stormwater facilities shall be maintained in accordance with this chapter and the stormwater management manual.

C. Minimum Standards. The following are the minimum standards for the maintenance of stormwater facilities:

1. Facilities shall be inspected annually by the owner 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, the owner shall take immediate action to correct the problem.

D. 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.

E. 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. 1280 § 1, 2008; Ord. 702 § 4, 1995).

15.13.050 Administration.

A. Stormwater Management Utility Created – Responsibilities. There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a stormwater utility to be known as the “Bonney Lake stormwater management utility.” All references to “the utility” in this chapter refer to the Bonney Lake stormwater management utility. The utility will have primary authority and responsibility for administering this chapter and for carrying out the city’s stormwater plan, including responsibilities for planning, design, construction, maintenance, administration, and operation of all city stormwater facilities, as well as overseeing standards for design, construction, and maintenance of improvements on private property where these may affect stormwater management.

B. Director. The public works director or a designee/inspector shall be the ex officio administrator of the stormwater management chapter and utility 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. (Ord. 702 § 5, 1995).

15.13.060 Maintenance and inspections.

A. Inspection. Whenever implementing the provisions of the an 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. Notwithstanding any other provisions of this chapter, whenever it appears to the director that unsafe conditions exist causing pollution in the surface water system which can be immediately identified and which requires emergency action to protect the public health or safety, the director is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating such unsafe conditions. When no such emergency exists, the inspector shall endeavor to obtain the permission of the property owner or occupant to enter the private property for purposes of inspection and/or abatement. If permission is not granted, the city may use all legal means to obtain entry.

B. Private Property Owners Responsible for Maintenance. Owners of private property for which stormwater facilities or BMPs have been required by the city are responsible for the continued operation, inspection, maintenance, and repair of those facilities, pursuant to the standards set forth in the manual. (Ord. 1330 § 2, 2009; Ord. 702 § 6, 1995).

15.13.070 Enforcement.

Repealed by Ord. 988. (Ord. 702 § 7, 1995).

15.13.080 Illicit discharges and connections.

A. Prohibited Discharges. Prohibition of illegal discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drain system and/or surface and ground waters any materials other than stormwater. Prohibited contaminants include but are not limited to the following:

Trash or debris.

Construction materials.

Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.

Antifreeze and other automotive products.

Metals in either particulate or dissolved form.

Flammable or explosive materials.

Radioactive material.

Batteries.

Acids, alkalis, or bases.

Paints, stains, resins, lacquers, or varnishes.

Degreasers and/or solvents.

Drain cleaners.

Pesticides, herbicides, or fertilizers.

Steam cleaning wastes.

Soaps, detergents, or ammonia.

Swimming pool or spa filter backwash.

Chlorine, bromine, or other disinfectants.

Heated water.

Domestic animal wastes.

Sewage.

Recreational vehicle waste.

Animal carcasses.

Food wastes.

Bark and other fibrous materials.

Lawn clippings, leaves, or branches.

Silt, sediment, concrete, cement or gravel.

Dyes.

Chemicals not normally found in uncontaminated water.

Any other process-associated discharge except as otherwise allowed in this section.

Any hazardous material or waste not listed above.

B. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, water from foundation drains, air conditioning condensation, irrigation water from agricultural sources that is commingled with urban stormwater, water from springs, water from crawl space pumps, water from footing drains, water from flows from riparian habitats and wetlands, discharges from emergency fire fighting activities.

C. Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system;

2. Lawn watering and other irrigation runoff are permitted but shall be minimized;

3. De-chlorinated swimming pool discharges. These discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent re-suspension of sediments in the stormwater system;

4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;

5. Non-stormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;

6. other non-stormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water.

D. Prohibition of Illicit Connections.

1. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

3. A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

4. In addition to the enforcement provisions set forth in this chapter, a violation of this section shall constitute a nuisance and shall be subject to abatement. (Ord. 1330 § 4, 2009).

15.13.090 Enforcement.

A. General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, the degree of bad faith of the person subject to the enforcement action, and whether the violation is a first or repeat violation.

B. Stop Work Order. The director shall have the authority to serve a person a stop work order if an action is being undertaken or a condition exists in violation of this chapter or the stormwater manual. If a portion of a project is in violation of this chapter or the stormwater manual, the director may issue a stop work order for the entire project.

1. Content of Order. The order shall contain:

a. A description of the specific nature, extent, and time of violation and the damage or potential damage; and

b. A notice that the violation or the potential violation must cease and desist, and, in appropriate cases, the specific corrective action to be taken; and

c. A reasonable time to comply, depending on the circumstances; and

d. Penalties that may be incurred for failure to comply.

2. A notice of violation and civil penalty under BLMC 15.13.090(C) may be issued with the order.

a. Posting. The order shall be posted at the subject property and a letter containing the order sent by certified mail, return receipt requested, to the property owner and any other person violating this chapter.

b. Effective Date. The order issued under this section shall become effective immediately upon posting of the stop work order at the work site.

c. Compliance. Failure to comply with the terms of a stop work order shall constitute a misdemeanor, punishable by a maximum of 90 days in jail and a $1,000 fine.

C. Notice of Violation. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an approval or order issued by the director is subject to a notice of violation to be administered by the code enforcement officer as provided in Chapter 14.130 BLMC. Each day of continued violation shall constitute a separate violation for purposes of this penalty; provided, that for a first violation, the director shall have discretion to request voluntary correction pursuant to BLMC 14.130.060 in lieu of issuing a notice of violation.

D. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the notice of violation.

E. Business License Revocation. In addition to any other penalty imposed, the director may seek revocation of any business license held by the violator. The director may request that the city clerk revoke the violator’s business license for any of the following reasons: (a) noncompliance with this chapter, (b) not allowing for inspection of their stormwater facility, and (c) nonpayment of any fines or inspection fees incurred by the owner of the utility account. The procedures for revocation shall be those described in Chapter 5.08 BLMC.

F. In addition to the enforcement mechanisms set forth in this section, the city may take legal action to abate any violation of this chapter and bill the costs of abatement to the violator. (Ord. 1330 § 5, 2009).