Chapter 13.16
STORM AND SURFACE WATER MANAGEMENT Revised 2/20

13.16.000    Chapter Contents

Sections:

13.16.005    Purpose. Revised 2/20

13.16.007    Stormwater Management Program. Revised 2/20

13.16.010    Definitions. Revised 2/20

13.16.017    Drainage Design and Erosion Control Manual – Adopted. Revised 2/20

13.16.018    Drainage Design and Erosion Control Manual – Provisions to prevail in event of conflict. Revised 2/20

13.16.020    Permit required. Revised 2/20

13.16.030    Prohibited uses of the storm drainage system. Revised 2/20

13.16.040    Discharge or connection to the storm drainage system. Revised 2/20

13.16.050    Storm drainage service charges. Revised 2/20

13.16.060    Provision of abutting storm drainage system facilities. Revised 2/20

13.16.070    Payment for connection to the MS4. Revised 2/20

13.16.080    Stormwater general facilities charges. Revised 2/20

13.16.090    Reduction in storm drainage service charge for impervious surface, flow control or stormwater treatment. Revised 2/20

13.16.120    Billing date. Revised 2/20

13.16.130    Adjustment of charges and appeals. Revised 2/20

13.16.140    Lien for delinquent charges. Revised 2/20

13.16.150    Right of entry for inspection, code enforcement, and repair. Revised 2/20

13.16.160    Authority to maintain, operate, regulate and control the utility. Revised 2/20

13.16.170    Stormwater facility maintenance. Revised 2/20

13.16.180    Enforcement – Civil and Criminal Penalties – Public Nuisance. Revised 2/20

(Ord. 7221 §1, 2019; Ord. 7166 §1, 2018).

13.16.005 Purpose Revised 2/20

Stormwater runoff poses a potential hazard to the health, safety, and welfare of the residents of Olympia, their property, and the environment. The purpose of the City of Olympia’s Storm and Surface Water Utility is to protect public and environmental health by collecting stormwater runoff and either infiltrating or conveying it to streams, rivers, and Puget Sound with the aim of reducing the frequency and severity of flooding, improving water quality, and protecting, enhancing, and restoring aquatic habitat. The Storm and Surface Water Utility operates a municipal separate storm sewer system that is regulated under the federal Clean Water Act, 33 U.S.C. §1251 et seq. and the state Water Pollution Control Act, RCW 90.48. As required by those laws, the city holds coverage under the Western Washington Phase II Municipal Stormwater Permit (MS4 Permit). The Storm and Surface Water Utility also conducts a number of programs and activities required by the MS4 Permit, including a Stormwater Management Program. The purpose of this chapter is to regulate and control stormwater runoff and to ensure compliance with the MS4 Permit, including the Stormwater Management Program. Storm drainage service charges are assessed to fund the work of the Utility, including the operation, maintenance, and improvement of the MS4, and the Stormwater Management Program.

(Ord. 7221 §1, 2019).

13.16.007 Stormwater Management Program Revised 2/20

The Director of Public Works, or the Director of Public Works’ designee, is authorized and directed to prepare a Stormwater Management Program Plan, in accordance with the MS4 Permit. The Stormwater Management Program Plan provides a set of actions and activities designed to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, and comprising the components required by the MS4 Permit, and any additional actions necessary to meet the requirements of applicable Total Maximum Daily Load requirements. A copy of the Stormwater Management Program Plan shall be kept on file in the offices of the City Clerk and the Public Works Department and made available on the City’s website.

(Ord. 7221 §1, 2019).

13.16.010 Definitions Revised 2/20

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

A.    “Best management practice” means a schedule of activities, prohibition of practices, maintenance procedure, managerial practice, or structural features that when used singly or in combination prevents or reduces the release of pollutants and other adverse impacts to waters of Washington State.

B.    “Billing unit” means the same as “equivalent residential unit”, two thousand five hundred twenty-eight feet of impervious surface development on a parcel.

C.    “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

D.    “Conveyance” means any catch basin, pipe, culvert, curb, gutter, ditch, swale, human-made channel, storm drain, or road that conveys or collects stormwater.

E.    “Developed” means, with respect to a parcel, any parcel which has been altered from a natural state with or without a permit from the city. This includes clearing, grading or filling, whether or not that work accompanies excavation and construction.

F.    “Drainage Design and Erosion Control Manual,” or “the Manual” means the document adopted in Section 13.16.017.

G.    “Duplex parcel” means a parcel which has been developed and constructed for the purpose of providing habitat for two-family dwelling units on a single property parcel and has been and continues to be used solely for that purpose.

H.    “Flow control” means a facility designed to mitigate the impacts of increased stormwater runoff flow rates generated by development. Flow control facilities are best management practices specified in Volume III of the Manual that are engineered to meet the flow control standards of Core Requirement #7 specified in Volume I of the Manual.

I.    “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 but are not limited to sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

J.    “Illicit discharge” means any direct or indirect non-stormwater discharge to the storm drainage system, except as expressly allowed by this chapter.

K.    “Impervious surface” means a non-vegetated surface area which (1) either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, or (2) causes water to run off the surface in greater quantities or at an increased rate of flow from the flow 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 and parking areas, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

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

a.    Owned or operated by the City; and

b.    Designed or used for collecting or conveying stormwater.

The municipal separate storm sewer system does not include combined sewers or a publicly owned treatment works used in treatment of municipal sewage or industrial wastes of a liquid nature.

M.    “MS4 Permit” means the National Pollutant Discharge Elimination System and State Waste Discharge General Permit, commonly known as the Western Washington Phase II Municipal Stormwater Permit, issued by the Department of Ecology and periodically re-issued.

N.    “Nonresidential parcel” means a parcel which has been developed for any purpose other than a single-family dwelling unit or duplex and includes, among others, all multifamily apartments and condominiums with three or more units and all property owned by governmental and nonprofit entities.

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

P.    “Owner” has the meaning given in OMC 1.04.010.K. In addition, for purposes of this chapter, “owner” includes a person that controls a parcel on behalf of a parcel’s owner.

Q.    “Parcel” means any area of land within the City of Olympia which is deemed a distinct property as identified by the county assessor, whether or not the parcel is considered taxable.

R.    “Single-family residential parcel” means a parcel which has been developed and constructed for the purpose of providing a habitat for a single-family dwelling unit with or without an accessory dwelling unit, and has and continues to be used solely for that purpose.

S.    “Storm drainage system” means all manmade and natural systems that are used for the collection, conveyance, and disposal of stormwater. The storm drainage system may include lands outside of the city, but such lands will only be subject to this code when they are annexed to the city or by interlocal agreement with the governmental entity in which the property is located. The storm drainage system includes the MS4; all stormwater facilities; appurtenances; wetlands; streams, whether intermittent or perennial; ponds; lakes; creeks; rivers; tidelands; or outfalls subject to stormwater runoff from the land area of the city or from property covered by an interlocal agreement.

T.    “Stormwater” means that portion of precipitation, including snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, or other conveyance into a receiving water or storm drainage system.

U.    “Stormwater facility” means one or more constructed or natural features, other than the MS4, that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater. Stormwater facilities include, but are not limited to, conveyances, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales.

V.    “Stormwater treatment” means one or more best management practices or facilities that are specified in Volume V of the Manual to remove pollutants from stormwater and engineered to meet the treatment standards in Core Requirement #6 specified in Volume I of the Manual.

W.    “Undeveloped parcel” means any parcel which has not been altered from its natural state by logging, clearing or grading since 1996, or by filling, excavation, or construction at any time.

X.    “Utility” means the City of Olympia’s storm and surface water utility, which operates and maintains storm or surface water conveyances and facilities or outfalls for such waters and the rights and interests in other properties relating to the system.

(Ord. 7221 §1, 2019; Ord. 7187 §3, 2019; Ord. 7027 §2, 2016; Ord. 6805 §6, 2012; Ord. 6697 §1, 2010; Ord. 6665 §2, 2009; Ord. 6345 §1, 2004; Ord. 5123 §1(part), 1990).

13.16.017 Drainage Design and Erosion Control Manual – Adopted Revised 2/20

A certain document entitled Drainage Design and Erosion Control Manual for Olympia, 2016 Edition (“the Manual”), as amended, is adopted by reference as though fully set forth herein. One copy of the Manual is to be placed and held in the office of the director of administrative services for the city and be available to the public.

(Ord. 7221 §1, 2019; Ord. 7027 §3, 2016; Ord. 6665 §3, 2009; Ord. 6345 §2, 2004; Ord. 5826 §1, 1998; Ord. 5639 §1, 1996; Ord. 5517 §3, 1995; Ord. 5429 §1, 1994; Ord. 5194 §1(part), 1991).

13.16.018 Drainage Design and Erosion Control Manual – Provisions to prevail in event of conflict Revised 2/20

The provisions of the Manual adopted in Section 13.16.017 shall control and prevail over any provisions of current ordinances, development standards and/or policies insofar as a conflict may occur.

(Ord. 7221 §1, 2019; Ord. 5194 §1(part), 1991).

13.16.020 Permit required Revised 2/20

Before stormwater may be discharged to any part of the storm drainage system the owner of the parcel on which the stormwater is generated shall apply to the city department of community planning and development for an engineering permit. The issuance of and terms and conditions to be attached to said permit shall be governed by the Manual.

(Ord. 7221 §1, 2019; Ord. 6345 §3, 2004; Ord. 5429 §2, 1994: Ord. 5123 §1(part), 1990).

13.16.030 Prohibited uses of the storm drainage system Revised 2/20

No one may discharge or cause to be discharged any materials of any kind into the MS4, except stormwater, clean groundwater, and clean city potable water with chlorine concentrations less than 0.1 ppm.

This prohibition does not include:

1.    Water from emergency fire fighting activities.

2.    Non-stormwater discharges covered by a National Pollutant Discharge Elimination System (NPDES) permit, provided the discharger is in full compliance with all requirements of the permit.

3.    Air conditioning condensation.

4.    Irrigation water from agricultural sources that is commingled with urban stormwater.

5.    Springs.

6.    Uncontaminated water from crawl space and basement pumps.

7.    Discharges from lawn watering and other irrigation runoff, unless the discharges or other runoff are of water from the city’s water supply system that has been wasted in violation of OMC 13.04.080.

8.    Dechlorinated swimming pool, spa, and hot tub discharges. The discharges must be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.

9.    Uncontaminated pumped groundwater.

10.    Street and sidewalk wash water when the surfaces are swept prior to washing, detergents are not used, and water use is minimized.

11.    External building wash water when detergents are not used and water use is minimized.

12.    Water used to control dust when water use is minimized.

13.    Other non-stormwater discharges that are in compliance with the requirements of a pollution prevention plan that addresses control of such discharges and is approved by the Director.

(Ord. 7221 §1, 2019; Ord. 6697 §2, 2010; Ord. 5123 §1(part), 1990).

13.16.040 Discharge or connection to the storm drainage system Revised 2/20

A.    All stormwater facilities that discharge to the storm drainage system shall be inspected by the department of public works prior to final approval or occupancy to ensure proper installation of such stormwater facilities.

B.    The construction, use, maintenance, or continued existence of illicit connections to the MS4, is prohibited. 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. A person is in violation of this chapter when that person connects a line conveying sewage to the MS4, or allows such a connection to continue.

C.    If, after notice and opportunity to cure as provided in OMC 4.44.030, the owner does not abate the illicit connection(s) as directed by the city, the city shall have the authority to abate such connection(s) and bill the owner for all reasonable costs. Any delinquent payments shall constitute a lien on the parcel.

(Ord. 7221 §1, 2019; Ord. 6697 §3, 2010; Ord. 6345 §4, 2004; Ord. 5123 §1(part), 1990).

13.16.050 Storm drainage service charges Revised 2/20

A.    A storm drainage service charge is imposed on every parcel, including vacant parcels, within the city and the owner(s) thereof, except for the following:

1.    Undeveloped parcels.

2.    City streets, roads, alleys, and rights-of-way. All such streets, roads, alleys, and rights-of-way collect and convey stormwater to the storm drainage system, the value of which is equal to the storm drainage service charge that would otherwise be imposed.

3.    State of Washington highways, so long as the State of Washington maintains, constructs, and improves all conveyances associated with such highways in conformance with all city standards, including standards hereafter established, at no cost to the city.

4.    Other streets (excluding driveways and parking areas) not dedicated to the city, but established with a separate right-of-way tract, so long as the owner(s) constructs, maintains, and improves all conveyances and stormwater facilities associated with such streets (except for the streets themselves) in conformance with all city standards in effect as of 2017, at no cost to the city.

B.    The storm drainage service charges are set forth in the schedule in OMC Section 4.24.010.

(Ord. 7221 §1, 2019; Ord. 5312 §1, 1992; Ord. 5123 §1(part), 1990).

13.16.060 Provision of abutting storm drainage system facilities Revised 2/20

Whenever a parcel is developed, the applicable development permit shall require the owner(s) to construct that portion of the MS4 abutting said parcel in accordance with the city’s comprehensive plan and applicable development policies and standards for stormwater. Provided that the department of public works shall establish policies and procedures for applying local improvement districts, latecomers agreements and city participation.

(Ord. 7221 §1, 2019; Ord. 5123 §1(part), 1990).

13.16.070 Payment for connection to the MS4 Revised 2/20

The owner(s) of a parcel shall pay all costs of connecting to the MS4. This obligation shall be in addition to any permit fee or other storm drainage service charges assessed pursuant to this chapter.

(Ord. 7221 §1, 2019; Ord. 5123 §1(part), 1990).

13.16.080 Stormwater general facilities charges Revised 2/20

A.    In recognition of the city’s investment in the MS4, each applicant for a development permit who will discharge into the MS4 shall pay a MS4 general facilities charge ("MS4 GFC") in an amount as set forth in Title 4 of this code at the time of issuance of a building or engineering permit.

B.    In recognition of the city’s investment in stormwater water quality treatment, each applicant for a development permit who will connect to city streets shall pay a water quality general facilities charge ("Water Quality GFC") in an amount as set forth in Title 4 of this code at the time of issuance of a building or engineering permit.

C.    All monies collected from the MS4 GFC will be deposited in an account to be used for the capital improvements program of this utility.

(Ord. 7221 §1, 2019; Ord. 6942 §2, 2014; Ord. 6886 §16, 2013; Ord. 6420 §5, 2006; 5466 §1, 1994; Ord. 5126 §28(part), 1990; Ord. 5123 §1(part), 1990).

13.16.090 Reduction in storm drainage service charge for impervious surface, flow control or stormwater treatment Revised 2/20

A.    Nonresidential Parcels. An owner may submit to the department of public works an application for reduction in the storm drainage service charge that includes proof of the quantity of impervious surface or proof that a stormwater facility approved by the city is providing flow control or stormwater treatment in excess of the policies and standards that existed at the time of development (“Application”). The owner must execute an approved agreement to maintain the stormwater facility prior to approval of a reduction. After reviewing an Application and inspecting the stormwater facility, if deemed appropriate, the director may approve a reduction in the storm drainage service charge for the parcel or parcels receiving flow control or stormwater treatment as provided in Section 4.24.010(4) of this code. That reduction will be accomplished by reducing the development category of the affected parcel by one category (e.g., from Category III to Category II) and calculating storm drainage service charges accordingly.

B.    If the city approves a reduction in the storm drainage service charge for a parcel or parcels and later determines that the stormwater facility for such parcel or parcels is not providing flow control or stormwater treatment, the city may reduce or revoke the reduction.

C.    Residential Plats. Upon application to the department of public works, the director may approve a reduction in the storm drainage service charge assessed under OMC 4.24.010.D if it can be shown that said plat has a stormwater facility that meets or exceeds the city flow control and stormwater treatment standards enacted in 1990 and the person responsible therefor executes an approved agreement with the city to maintain the stormwater facility.

(Ord. 7221 §1, 2019; Ord. 5350 §3, 1992).

13.16.120 Billing date Revised 2/20

The monthly or bimonthly billing date for the storm drainage service charges shall coincide with the billing date for the other city utilities, except that the owner(s) of parcels that do not receive services from other city utilities shall be billed on the date established by the director of administrative services as set forth in Chapter 4.24 of this code.

Except as otherwise provided herein, all monies collected by the utility shall be deposited in the storm and surface water utility fund which was established under Section 3.22.030 of the Olympia Municipal Code.

(Ord. 7221 §1, 2019; Ord. 5398 §6, 1993; Ord. 5123 §1(part), 1990).

13.16.130 Adjustment of charges and appeals Revised 2/20

Any person who considers that the charges established for their parcel are in error may apply in writing to the public works department for an adjustment. The grounds of the complaint shall be explicitly stated in the written complaint. The public works department shall review each complaint and respond to it in writing. A copy of the response shall be forwarded to the complainant and the department of administrative services.

(Ord. 7221 §1, 2019; Ord. 5123 §1(part), 1990).

13.16.140 Lien for delinquent charges Revised 2/20

The city shall have a lien against parcels to which storm drainage service charges have been assessed, which lien shall be in the amount of the charges due and owing.

(Ord. 7221 §1, 2019; Ord. 5123 §1(part), 1990).

13.16.150 Right of entry for inspection, code enforcement and repair Revised 2/20

Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever there is reasonable cause to believe there exists a violation of this chapter upon a parcel within the jurisdiction of the city, any authorized official of the city may, upon presentation of proper credentials and consent of any owner or occupant, enter such parcel at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this chapter. If no owner or occupant consents to entry, the official may apply to any court of competent jurisdiction for an order allowing such entry.

(Ord. 7221 §1, 2019).

13.16.160 Authority to maintain, operate, regulate and control the utility Revised 2/20

The city elects to exercise all lawful powers necessary to maintain, operate, regulate, and control a storm and surface water utility as it exists and may be modified in the future.

(Ord. 7221 §1, 2019; Ord. 5123 §1(part), 1990).

13.16.170 Stormwater facility maintenance Revised 2/20

Parcel owners shall inspect all stormwater facilities located on their parcels and maintain the facilities in accordance with the Manual so they function as designed.

If the city determines that maintenance or repair is required for a stormwater facility on a parcel not owned by the city, the city shall notify the owner of the parcel of the specific maintenance or repair required. The city shall set a reasonable time in which such work is to be completed by the person given notice. If the required maintenance or repair is not completed within the time set, the city will notify the owner that the city intends to perform the maintenance or repair and to bill the owner for the expenses incurred. The expenses charged to the owner shall become a charge on the owner’s storm drainage service charge bill and may be collected by the city in the manner authorized for collection of such bills.

If at any time the city determines that a stormwater facility on private property creates an imminent threat to public health or welfare, the city may take immediate measures to remedy such threat, without providing notice to the owner.

(Ord. 7221 §1, 2019).

13.16.180 Enforcement – Civil and criminal penalties – Public nuisance Revised 2/20

A.    The Code Enforcement Officer shall enforce the provisions of this chapter.

B.    It shall be a civil infraction for any person to violate or fail to comply with the provisions of Olympia Municipal Code Sections 13.16.017, 13.16.020, 13.16.030, 13.16.040, and 13.16.170. Each day shall be a separate infraction. A person found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

C.    As a separate and concurrent remedy, any person who violates or fails to comply with Section 13.17.170 shall be liable to the City for the actual expense of maintenance or repair.

D.    It shall be a public nuisance to violate or fail to comply with any of the following sections of this chapter: 13.16.017, 13.16.020, 13.16.030 and 13.16.040.

(Ord. 7221 §1, 2019; Ord. 6081 §41, 2001; Ord. 5918 §1, 1999; Ord. 5466 §3, 1994).