Chapter 22.02 Stormwater Facilities

(b) Stormwater facilities must be regularly inspected and maintained so that they will perform as designed to prevent or remove pollution and/or to reduce flooding;

(c) If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater;

(d) If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public. (Ord. 515 § 1.01, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.020 Need.

The City finds that this chapter is necessary in order to ensure maintenance of all stormwater facilities within the City by setting minimum standards for the inspection and maintenance of stormwater facilities. (Ord. 515 § 1.02, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.030 Purpose.

The provisions of this chapter are intended to:

(a) Provide for inspection and maintenance of stormwater facilities in the City to provide for an effective, functional stormwater drainage system;

(b) Authorize the City to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter;

(d) Guide and advise all who conduct inspection and maintenance of stormwater facilities. (Ord. 515 § 1.03, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.040 Definitions.

For the purposes of this chapter, the definitions shall be as defined in the Manual referenced in DMC 22.01.090:

(a) “Director” means the Mayor of the City of DuPont or his/her designee.

(b) “Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the State, or local government unit, however designated. (Ord. 515 § 2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.050 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. (Ord. 515 § 3.1, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.060 Interpretation.

The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter. (Ord. 515 § 3.2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.070 Applicability.

When any provision of any other chapter of the City conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. (Ord. 515 § 4, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.080 Maintenance required.

All stormwater facilities shall be maintained in accordance with this chapter and the Manual. Systematic, routine preventive maintenance is required. (Ord. 515 § 5.1, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.090 Minimum standards.

The following are the minimum standards for the maintenance of stormwater facilities:

(a) An operation and maintenance manual that is consistent with the Manual referenced in DMC 22.01.090 is required for all proposed stormwater facilities and BMPs. The party (or parties) responsible for maintenance and operation shall be identified in the operation and maintenance manual. For private facilities, a copy of the manual shall be retained on site or within reasonable access of the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the manual shall be retained in the appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the City. The City shall work with the owner of existing facilities which do not have an operation and maintenance manual to develop a manual consistent with this section.

(b) Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility. Maintenance shall be performed to the maintenance standards specified in the Manual referenced in DMC 22.01.090.

(c) Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of. Maintenance shall be performed to the maintenance standards specified in the Manual referenced in DMC 22.01.090.

(d) Where lack of maintenance is causing or contributing to a water quality problem, or when an inspection identifies an exceedence of the maintenance standards specified in the Manual referenced in DMC 22.01.090, immediate action shall be taken to correct the problem. Within one month, the City shall revisit the facility to assure that it is being maintained. (Ord. 515 § 5.2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.100 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. (Ord. 515 § 5.3, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.110 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 Manual referenced in DMC 22.01.090. (Ord. 515 § 5.4, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.120 Administration.

The Director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. (Ord. 515 § 6.1, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.130 Inspection authority.

The Director is directed and authorized to develop an inspection program for stormwater facilities in the City. (Ord. 515 § 6.2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.140 Inspection.

Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the Director or his/her designee (“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. (Ord. 515 § 7.1, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.150 Procedures.

Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.

(a) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

(b) If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

(c) Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington.

(d) The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (c) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. (Ord. 515 § 7.2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.160 Inspection schedule.

The Director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the City. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule. (Ord. 515 § 7.3, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.170 Inspection and maintenance records.

As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:

(a) Record plans and locations;

(b) Findings of fact from any exemption granted by the local government;

(d) Engineering reports, as appropriate. (Ord. 515 § 7.4, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.180 Reporting requirements.

The Director shall report annually to the City Council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 515 § 7.5, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.190 Enforcement.

(a) Enforcement Authority. The Director shall have full power and authority of the Code Enforcement Officer to enforce this chapter pursuant to the provisions of Chapter 1.17 DMC. For purposes of enforcement of this chapter, the cumulative monetary penalty set forth at DMC 1.17.110(a)(2)(i) shall be determined by the Director in accordance with subsection (b) of this section and the maximum penalty shall be $1,000 per day for each violation; provided, that monetary penalties imposed pursuant to a notice of violation are subject to the remission and mitigation provisions of DMC 22.02.210(d).

(b) General. Enforcement action shall be taken whenever a person has violated any provision of this chapter. The choice of enforcement action taken 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, and/or the degree of bad faith of the persons subject to the enforcement action. (Ord. 515 §§ 6.3, 8.1, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.200 Stop work/compliance orders.

A stop work or compliance order issued by the Director pursuant to DMC 1.17.080 shall conform to the following provisions of this chapter.

The Director shall have the authority to issue and serve an owner, or person(s) representing an owner, with a stop work order if action is being undertaken in violation of this chapter, and shall further have the authority to issue a compliance order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the Manual referenced in DMC 22.01.090 and/or City regulations. The order shall include:

(a) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

(b) A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

(c) A reasonable time to comply, depending on the circumstances. (Ord. 515 § 8.2, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.210 Violation.

(a) A person who fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued under this chapter shall be subject to enforcement action pursuant to DMC 22.02.190.

(b) Each day of continued violation or repeated violation shall constitute a separate violation.

(c) 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 of this chapter.

(d) Application for Remission or Mitigation. Any person incurring a monetary penalty pursuant to the issuance of a notice of violation may apply in writing within 10 days of receipt of the notice of violation to the City for remission or mitigation of the monetary penalty set forth in the notice of violation. Upon receipt of the application, the City may remit or mitigate the penalty only upon demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. Filing an application for remission or mitigation shall not toll the time period set forth in Chapter 1.17 DMC to file an appeal of the notice of violation. (Ord. 515 § 8.3, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.220 Penalties due.

Penalties imposed under this chapter shall become due and payable 30 days after receiving notice of penalty unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the City may take actions necessary to recover such penalty. (Ord. 515 § 8.4, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).

22.02.230 Penalties recovered.

Penalties recovered shall be paid to a specific budget line item account within the Utility Fund dedicated to enforcement and/or enhancement of the stormwater management program. (Ord. 515 § 8.5, June 13th, 1995; Ord. 10-895 § 1; Ord. 17-1017 § 2 (Exh. B)).