Chapter 15.04
STORMWATER

Sections:

15.04.010    PURPOSE.

15.04.020    ADOPTION OF MANUALS.

15.04.030    DEFINITIONS.

15.04.040    STORMWATER COMPREHENSIVE PLAN.

15.04.050    STORMWATER MANAGEMENT PROGRAM (SWMP).

15.04.060    SERVICE AREA.

15.04.070    REGULATED ACTIVITIES.

15.04.080    EXEMPTIONS.

15.04.090    STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL.

15.04.100    LOW IMPACT DEVELOPMENT - ALTERNATIVE STANDARDS.

15.04.110    SERVICE CONNECTIONS.

15.04.120    ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS.

15.04.130    STORM DRAINAGE SAMPLING STATIONS.

15.04.140    ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS.

15.04.150    STORMWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL.

15.04.160    CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES.

15.04.170    INTERRUPTION OF SERVICE - EMERGENCY.

15.04.180    CHANGED SITE CONDITIONS.

15.04.190    PROHIBITED ACTS.

15.04.200    ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM.

15.04.210    VIOLATION ENFORCEMENT - PENALTY.

15.04.010 PURPOSE.

This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.020 ADOPTION OF MANUALS.

The following manuals are hereby adopted by reference as currently published and as hereinafter amended:

(a)    Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW);

(b)    Kitsap County Stormwater Management Manual for the hydrologic analysis and design of stormwater infrastructure not covered by the SWMMWW;

(c)    Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and

(d)    Engineering Design and Construction Standards.

Where referenced and adopted manuals are in conflict, the SWMMWW shall govern. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.030 DEFINITIONS.

In addition to definitions set forth in BMC 15.01.020, the definitions below and those set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. Where definitions provided below conflict with the manual, the definitions below shall prevail.

In the context of stormwater management, if definitions in this section conflict with definitions in BMC 15.01.020 or other BMC chapters, the definitions set forth in this section shall prevail.

"Bioretention" (also referred to as "bioswale" in other chapters of the BMC) means engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to Chapter 7 of Volume V of the Stormwater Manual in BMC 15.04.020 for bioretention BMP types and design specifications.

"Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other body of water.

"Dry season" shall mean the months of May 1st through September 30th.

"Low impact development best management practices (LID BMPs)" shall mean distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use.

"Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

"Low impact development (LID) principles" means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.

"Maintenance covenant" means a covenant running with the land pursuant to RCW 89.12.060, which shall bind every person having any interest in the property and the stormwater controls, and shall be binding upon and inure to the benefit and burden of the owner, and their respective heirs, successors and assigns, in a format provided by the City. The covenant shall identify stormwater system ownership, responsibility, and liability for the operation, maintenance and reporting for the stormwater system, facility, or LID BMPs and protect them from conversion or elimination in perpetuity. It shall be recorded with the Kitsap County Assessor’s Office.

"Maintenance schedule" means a document detailing required stormwater facility maintenance activities to be performed at specified intervals.

"National pollutant discharge elimination system (NPDES) stormwater discharge permit" shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

"Operation and Maintenance Manual" means a written manual that provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel.

"Owner" means any person or persons having a legal or equitable property right or interest, whether or not said right is legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust or deed of trust.

"Sub-basin" shall mean a drainage area that drains to a watercourse or water body which is contained within a basin.

"Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020.

"Wet season" shall mean the months of October 1st through April 30th. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.040 STORMWATER COMPREHENSIVE PLAN.

A stormwater comprehensive plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP).

A stormwater management program plan shall be administered by the City pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law, Chapter 90.48 RCW, and the Federal Water Pollution Control Act (the Clean Water Act), Title 33 United States Code, Section 1251 et seq. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.060 SERVICE AREA.

Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton; however, storm drainage mitigation may be required pursuant to BMC 15.04.070. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.070 REGULATED ACTIVITIES.

Consistent with the minimum requirements contained in this section, the City shall approve or disapprove the following activities, unless exempted in BMC 15.04.080:

(a)    New development;

(b)    Redevelopment;

(c)    Construction site activities; and

(d)    Property maintenance, repair or replacement activities meeting specific thresholds as defined by SWMMWW. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.080 EXEMPTIONS.

Commercial agriculture, and forest practices regulated under WAC Title 222, 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 chapter. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL.

All stormwater sewers and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this chapter in compliance with the manuals adopted in BMC 15.04.020. All stormwater system extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, require installation of stormwater mains larger than the minimum size specified in the Engineering Design and Construction Standards to provide for adequate capacity within the stormwater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwater mains or other improvements based upon the stormwater comprehensive plan.

A covenant and/or easement shall be recorded with the Kitsap County Auditor’s office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.100 LOW IMPACT DEVELOPMENT - ALTERNATIVE STANDARDS.

(a)    The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. Beginning January 1, 2017, the City will require the use of low impact development best management practices, for new development and redevelopment, in accordance with its National Pollution Discharge Elimination System (NPDES) permit as issued, and as may be amended, by the Washington State Department of Ecology.

(b)    LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual.

(c)    A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the SWMMWW and additional guidance is provided in the LID Manual.

(d)    The menu of LID BMPs identified in the SWMMWW are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the SWMMWW and review and approval under this chapter.

(e)    A covenant and/or easement shall be recorded with the Kitsap County Auditor’s Office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.110 SERVICE CONNECTIONS.

All service connections shall be installed by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020. The service connections shall be extended at right angles from the stormwater system to the property line and shall be maintained by the property owner. During improvements to a site where the existing stormwater connection does not meet current Engineering Design and Construction Standards, requirements of the standards shall apply if the improvements can be installed for twenty-five percent (25%) or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. IHSUs cannot be transferred from one property or account to another property or account. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.120 ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS.

All new or redevelopment projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under-drains, infiltration facilities, or other on-site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off-site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design and Construction Standards and the requirements of this chapter.

On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed is nonconforming pursuant to this chapter and Engineering Design and Construction Standards and will be subject to abatement under BMC 15.04.140. Constructed facilities shall not be removed. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.130 STORM DRAINAGE SAMPLING STATIONS.

When required by the Department, the property owner shall install and maintain at their expense a storm drainage sampling station downstream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the stormwater system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Engineering Design and Construction Standards. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS.

The Department shall be responsible for the integrity, safety, and 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 reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on the premises a nonconforming, illegal, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect conditions 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 Department shall have recourse to every remedy provided by law to secure entry and abate nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies 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 that may be available under this title, and regulations and procedures adopted hereunder. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL.

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 and City owned property. The Department shall not be responsible for servicing private systems connected to the City’s stormwater system, except as provided in this chapter.

When maintenance, repair, or replacement of the City’s stormwater system is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES.

(a)    All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual, the approved permits, and/or in accordance with the current Engineering Design and Construction Standards.

(b)    Maintenance of Private Stormwater Facilities.

(1)    The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, the approved permits, and/or in accordance with the current Engineering Design and Construction Standards and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor’s Office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney.

(2)    All new development and redevelopment that installs or expands existing stormwater infrastructure, treatment and/or quantity control shall submit a maintenance covenant and maintenance plan, that will run with the property, their heirs and assigns. The covenant shall include a site plan with details of all components used in the system such as pipes, catch basins, LID BMPs, and green stormwater infrastructure; the covenant shall identify parties responsible and liable for the operation and maintenance of said facilities. The maintenance plan shall include all system components, features, maintenance schedules and reporting requirements. Upon acceptance, the covenant shall be recorded with Kitsap County Auditor’s Office.

(3)    A maintenance covenant shall be recorded for rain gardens, or other green stormwater infrastructure (GSI) installed on private property with Bremerton Utilities financial assistance. The property owner accepts responsibility to maintain and operate the feature as defined in the covenant unless released by the City through a recorded instrument filed with Kitsap County Assessor’s Office.

(4)    A maintenance and inspection report for stormwater systems shall be submitted annually to the Director by February 28th of each year to document maintenance of stormwater facilities for the preceding year. The report shall contain: the date maintenance and/or inspection tasks were completed and a summary of stormwater facilities including catch basins, LID BMPs, quantity and quality features.

(5)    The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the Director may abate the condition, by either making the corrections or by termination of the water service until the connection is made and/or by filing a lien against the property.

(6)    When an inspection identifies an exceedance of the maintenance standard or a nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule:

(i)    Within thirty (30) days for typical maintenance of facilities.

(ii)    Within one (1) year for maintenance that requires capital construction of less than twenty-five thousand dollars ($25,000). (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.170 INTERRUPTION OF SERVICE - EMERGENCY.

The Department may restrict the use of the stormwater system through regulation or control of the use whenever an emergency exists affecting the stormwater system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the stormwater system that may be deemed necessary for public health and safety.

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. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.180 CHANGED SITE CONDITIONS.

When an alteration to an existing parcel of property requires a building or grading permit, a new utility service agreement shall be required if any existing stormwater connection does not meet the current Engineering Design and Construction Standards. Prior to entering into a new utility service agreement, the stormwater connection shall be videoed and approved by the Director for re-use. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner’s expense. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.190 PROHIBITED ACTS.

It shall be unlawful for any person to violate the following:

(a)    Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any stormwater facilities, including pipes, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department.

(b)    Prohibited Discharges.

(1)    No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater.

(2)    Examples of prohibited contaminants include but are not limited to the following:

Acids, alkalis, or bases;

Animal carcasses;

Antifreeze and other automotive products;

Bark and other fibrous materials;

Batteries;

Chemicals not normally found in uncontaminated water;

Chlorine, bromine, or other disinfectants;

Construction materials;

Degreasers and/or solvents;

Domestic animal wastes;

Drain cleaners;

Dyes, unless approved by the City;

Flammable or explosive materials;

Food wastes;

Heated water;

Lawn clippings, leaves, or branches;

Metals in either particulate or dissolved form;

Paints, stains, resins, lacquers, or varnishes;

Pesticides, herbicides, or fertilizers;

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

Radioactive material;

Recreational vehicle waste;

Sewage;

Silt, sediment, concrete, cement or gravel;

Soaps, detergents, or ammonia;

Steam cleaning wastes;

Swimming pool cleaning wastewater or filter backwash;

Trash or debris;

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

Any hazardous material or waste not listed above.

(c)    Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City 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 ground water:

Air conditioning condensation;

Discharges from emergency firefighting activities;

Diverted stream flows;

Flows from riparian habitats and wetlands;

Footing drains;

Foundation drains;

Irrigation water from agricultural sources that is commingled with urban stormwater;

Rising ground waters;

Springs;

Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and

Uncontaminated pumped ground water.

(d)    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 City 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 ground water:

(1)    Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system.

(2)    Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts.

(3)    Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension 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. These discharges shall be 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)    Nonstormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.

(6)    Other nonstormwater discharges. These 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.

(e)    Prohibited Connections.

(1)    The construction, use, maintenance, or continued existence of illicit connections to the stormwater 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. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.200 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 system and treatment plant.

(b)    Stormwater connections to the wastewater system are prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005, is charged a fee for the connection pursuant to BMC 15.06.050(b), Rates - Stormwater.

(c)    Director’s Authority to Order Disconnection.

(1)    Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The order of disconnection will generally be in target areas as defined elsewhere in this section.

(2)    Notice. Director’s order of disconnection will be provided in writing and 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 sub-basins) 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)    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. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)

15.04.210 VIOLATION ENFORCEMENT - PENALTY

(a)    Any violation of any provision of this title constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein.

(b)    In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC 1.12.020, Penalties. (Ord. 5310 §2 (part), 2016: Ord. 5250 §1 (part), 2014: Ord. 5209 §3 (part), 2013)