Chapter 9.12
STORM DRAINAGE AND SURFACE WATER UTILITY

Sections:

Article I. General Provisions

9.12.010    Fund created.

9.12.020    Definitions.

9.12.030    Classification of property—Established.

9.12.040    Classification of property—Adjustment.

9.12.050    Monthly charges.

9.12.060    Applicability of charges.

9.12.070    Severability.

Article II. Illicit Connections and Discharges

9.12.080    Applicability.

9.12.090    Responsibility for administration.

9.12.100    Ultimate responsibility.

9.12.110    Discharge requirements and prohibitions.

9.12.120    Suspension of municipal separate storm sewer access.

9.12.130    Industrial or construction activity discharges.

9.12.140    Monitoring of discharges.

9.12.150    Watercourse protection.

9.12.160    Notification of spills.

9.12.170    Enforcement.

9.12.180    Appeal of notice of violation.

9.12.190    Enforcement measures after an appeal.

9.12.200    Cost of abatement of the violation.

9.12.210    Penalties.

9.12.220    Injunctive relief.

9.12.230    Compensatory action.

9.12.240    Violations deemed a public nuisance.

9.12.250    Remedies not exclusive.

9.12.260    Severability.

Article I. General Provisions

9.12.010 Fund created.

There is hereby created Fund No. 405, to be known as the “storm drainage and surface water utility,” from which the expenditures for operation, maintenance and improvement of the runoff drainage systems of the city of Omak shall be paid, which fund shall have ownership of the present system and any future improvements to the system, and shall obtain revenues from charges made monthly to real property owners in the city of Omak, and from other sources as appropriate to balance the budget of the fund. (Ord. 949 § 1, 1984).

9.12.020 Definitions.

(a)    “Beneficiaries of drainage service” includes all real properties within the city of Omak which benefit by the provision, maintenance, operation and improvement of the storm and surface water control system by the city of Omak, regardless of how that system may be constituted. Such benefits may include, but are not limited to, the provision of adequate systems of collection, conveyance, detention, treatment, and release of stormwater, the reduction of hazard to property and life resulting from stormwater runoff, improvement in the general health and welfare through reduction of undesirable stormwater conditions, improvements in the water quality in the stormwater and surface water system and its receiving waters, and the limitation of potentially harmful land uses and land alteration activities which might otherwise negatively impact the stormwater and surface water system.

(b)    “Contributors of drainage waters” includes all real properties within the city from which flows stormwaters or surface waters, or waters provided by the municipal or other sources which exit the property as surface flows and/or enter the storm and surface water utility system of the city of Omak.

(c)    “Impervious surfaces” means those hard surfaced areas which either prevent or retard the entry of water into the soil mantle, as it entered under natural conditions pre-existent to development, and/or cause the water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions pre-existent to development. Common impervious surfaces include, but are not limited to, rooftops, concrete or asphalt sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, oiled macadam or other surfaces which similarly impact the natural infiltration or runoff patterns which existed prior to development.

(d)    “Best management practices (BMPs)” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention, educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or to the storm sewer system. 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.

(e)    “Construction activity” means clearing, grading, excavation, and any other activity that results in a land disturbance. Such activities may include, but are not limited to, road building, construction of residential homes, office buildings, commercial establishments, industrial facilities, and demolition activity.

(f)    “Illegal discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from emergency fire fighting activities.

(g)    Illicit Connections. An “illicit connection” is defined as the following: Any drain or conveyance, whether on the surface or sub-surface, which allows an illegal discharge to enter the storm sewer system including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, wash water, any connections to the storm sewer system from indoor drains and sinks, and any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by the city.

(h)    “Industrial activity” means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14).

(i)    Municipal Separate Storm Sewer System (MS4). Also known as “storm sewer system.” City-owned facilities including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures: (1) designed or used for collecting or conveying stormwater; (2) which is not a combined sewer; and (3) which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.

(j)    “NPDES permit” means a National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency (EPA) or the Washington Department of Ecology that authorizes the discharge of pollutants to waters of the U.S.

(k)    “Nonstormwater discharge” means any discharge to the storm sewer system that is not composed entirely of stormwater.

(l)    “Permittee” means any individual, association, organization, partnership, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner’s agent.

(m)    “Pollutant” means anything that 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, articles, 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 of any kind.

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

(o)    “Stormwater” means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

(p)    “Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce pollutant discharges to stormwater, the storm sewer system, and/or receiving waters to the maximum extent practicable. The term “stormwater pollution prevention plan” is interchangeable with the term “stormwater management plan.”

(q)    “Wastewater” means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(r)    “WDOE” means the Washington State Department of Ecology. (Ord. 1705 § 2, 2011; Ord. 949 § 2, 1984).

9.12.030 Classification of property—Established.

All real property in the city of Omak shall be classified by the storm and surface utility according to the use of the property, and the intensity of development as set forth below:

(a)    Undeveloped. Real property which is undeveloped and unaltered by buildings, roads, impervious surfaces of other physical improvements which change the infiltration or run-off patterns from its natural state;

(b)    Medium Development. Developed real property defined in Omak Municipal Code Title 18 as residential single-family, mobile homes, and multifamily units up to but not including six-unit multifamily dwellings;

(c)    Heavy Development. Real property which contains a land use other than as defined in subsection (b) of this section, but which does not overcover the real property with impervious surfaces;

(d)    Very Heavy Development. Real property completely overcovered with impervious surface. (Ord. 949 § 3, 1984).

9.12.040 Classification of property—Adjustment.

It is recognized that some properties, due either to their unique topographical, vegetative, surficial geologic, soil moisture, and/or groundwater characteristics, or to the construction and maintenance of stormwater and surface water control or detention facilities thereon, have an infiltration and run-off pattern substantially similar to properties of a lower classification of intensity of development.

The storm and surface water utility may adjust the intensity of development classification of an individual parcel of property to a classification different than would be indicated by its development with impervious surfaces based on information to be submitted by the property owner or his agent to said utility, demonstrating such. (Ord. 949 § 4, 1984).

9.12.050 Monthly charges.

There is levied upon all real property within the city of Omak which contributes drainage water to or which benefits from the function of the storm and surface water utility of the city of Omak, and there shall be collected from the owners thereof, monthly charges based on the development classification of the properties, as follows:

(a)    Undeveloped;

(b)    Medium development, three dollars and fifteen cents per month;

(c)    Heavy development, seven dollars and ninety-nine cents per month;

(d)    Very heavy development, eleven dollars and ninety-nine cents per month. (Ord. 1634 § 1, 2008; Ord. 1123 § 1, 1990; Ord. 1086 § 1, 1988; Ord. 1039 § 1, 1987; Ord. 1009 § 1, 1986; Ord. 94 § 5, 1985).

9.12.060 Applicability of charges.

The charges herein established shall apply to operations, maintenance and improvements of the system on and after January 1, 1985. (Ord. 949 § 6, 1984).

9.12.070 Severability.

If any provision of this article or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 949 § 7, 1984).

Article II. Illicit Connections and Discharges

9.12.080 Applicability.

This article shall apply to all activities that may potentially affect the municipal separate storm sewer system, any private storm drain system or any body of water within the city of Omak. Additionally, permanent and temporary stormwater management controls and facilities, constructed as part of any activities listed in this section, which are located within the Omak city limits, are also subject to this article. The stormwater management standards shall apply to industrial, commercial, institutional, and multifamily residential development, as well as subdivision projects with private access. (Ord. 1705 § 3, 2011).

9.12.090 Responsibility for administration.

The city shall administer, implement, and enforce the provisions of this article. (Ord. 1705 § 4, 2011).

9.12.100 Ultimate responsibility.

The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore, this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. 1705 § 5, 2011).

9.12.110 Discharge requirements and prohibitions.

(a)    Requirements for Discharges. Planned discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water shall be dechlorinated to a concentration of .01 ppm or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent re-suspension of sediments in the MS4. Discharges from lawn watering and other irrigation runoff shall be minimized through, at a minimum, public education activities and water conservation efforts. Dechlorinated swimming pool discharges shall be dechlorinated to a concentration of .01 ppm or less, pH-adjusted if necessary, and volumetrically and velocity controlled to prevent re-suspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. Street and sidewalk wash water, water used to control dust, and routing external building wash down that does not use detergents shall be reduced, at a minimum, by public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, permittees shall minimize the amount of street wash and dust control water used. At active construction sites, street sweeping shall be performed prior to washing the street. Other nonstormwater discharges shall be in compliance with the requirements of the city of Omak stormwater management plan, which addresses control of such discharges.

(b)    Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal separate storm sewer or watercourses, any materials including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. The commencement, conduct, or continuance of any illegal discharge to the storm sewer system is prohibited except as described as follows:

(1)    The following discharges are exempt from discharge prohibitions established by this article: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, typically containing less than one milligram per liter chlorine before dechlorination), firefighting activities, excess irrigation waters, and any other water source not containing pollutants.

(2)    Discharges authorized by a current NPDES permit issued by WDOE or EPA.

(3)    Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.

(4)    Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.

(5)    The prohibition shall not apply to any nonstormwater discharge authorized by an order issued to the discharger by WDOE and approved by the city; provided, that the discharger is in full compliance with all requirements of the order and other applicable laws and regulations.

(c) Prohibition of Illicit Connections. The construction, use, maintenance or continued existence of illicit connections to the municipal separate storm sewer system 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 considered to be in violation of this article if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. (Ord. 1705 § 6, 2011).

9.12.120 Suspension of municipal separate storm sewer access.

(a) Suspension Due to Illicit Discharges in Emergency Situations. The city may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm sewer system, or to waters of the U.S. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or waters of the U.S., or to minimize danger to persons.

(b) Suspension Due to the Detection of Illicit Discharge. Any person discharging to the storm sewer system in violation of this article may have their storm sewer system access terminated if such termination would abate or reduce an illicit discharge. The city will notify a violator of the proposed termination of their storm sewer system access. The violator may petition the city for a reconsideration and hearing. A person commits an offense if the person reinstates storm sewer system access to premises terminated pursuant to this section, without the prior approval of the city. (Ord. 1705 § 7, 2011).

9.12.130 Industrial or construction activity discharges.

Any person subject to an industrial or construction activity authorized through a NPDES permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the city prior to the allowing of discharges to the storm sewer system. (Ord. 1705 § 8, 2011).

9.12.140 Monitoring of discharges.

(a)    Applicability. This section applies to all facilities that have stormwater discharges associated with industrial and construction activities.

(b)    Access to Facilities.

(1)    The city shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force that require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.

(2)    Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under conditions of an NPDES permit to discharge to the storm sewer system, and the performance of any additional duties as defined by state and federal law.

(3)    The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the city to conduct monitoring and/or sampling of the facility’s discharge to the storm sewer system.

(4)    The city has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5)    Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6)    Unreasonable delays in allowing the city access to a permitted facility are a violation of this article. A person who is the operator of a facility with a NPDES permit to discharge to the storm sewer system commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.

(7)    If the city has been refused access to any part of the premises from which discharges to the storm sewer system occur, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 1705 § 9, 2011).

9.12.150 Watercourse protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 1705 § 10, 2011).

9.12.160 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the storm sewer system or waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such releases. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the city in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 1705 § 11, 2011).

9.12.170 Enforcement.

(a)    Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this article, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

(1)    The performance of monitoring, analyses and reporting;

(2)    The elimination of illicit connections or discharges;

(3)    That violating discharges, practices or operations shall cease and desist;

(4)    The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

(5)    Payment of a fine to cover administrative and remediation costs; and

(6)    The implementation of source control or treatment BMPs.

(b)    If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. (Ord. 1705 § 12, 2011).

9.12.180 Appeal of notice of violation.

Any person receiving a notice of violation may appeal the determination to the authorized enforcement agency. The notice of appeal must be received within ten days from the date of the notice of violation. Hearing on the appeal before the city or its designee shall take place within ten days from the date of receipt of the notice of appeal. The decision of the city shall be final. (Ord. 1705 § 13, 2011).

9.12.190 Enforcement measures after an appeal.

If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city, then representatives of the city shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent, or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 1705 § 14, 2011).

9.12.200 Cost of abatement of the violation.

Within thirty days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten days. If the amount due is not paid in a timely manner as determined by the decision of the city or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than twelve equal payments. Interest at the highest legal rate shall be assessed on the balance beginning on the thirty-first day following discovery of the violation. (Ord. 1705 § 15, 2011).

9.12.210 Penalties.

Failure to perform any act required or other performance of any act prohibited by this chapter is designated as a civil infraction and shall not be classified as a criminal offense. Any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

(1)    For a first violation, the offender shall be subject to a civil penalty of one hundred dollars;

(2)    For a second violation, the offender shall be subject to a civil penalty of five hundred dollars;

(3)    For a third violation, the offender shall be subject to a civil penalty of one thousand dollars;

(4)    For a fourth violation, the offender shall be subject to a civil penalty of one thousand dollars and/or removal of and discontinuance of city water and sewer utility services. (Ord. 1705 § 16, 2011).

9.12.220 Injunctive relief.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this article. If a person has violated or continues to violate the provisions of this article, the city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. (Ord. 1705 § 17, 2011).

9.12.230 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this article, the city may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. (Ord. 1705 § 18, 2011).

9.12.240 Violations deemed a public nuisance.

In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Ord. 1705 § 19, 2011).

9.12.250 Remedies not exclusive.

The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. (Ord. 1705 § 20, 2011).

9.12.260 Severability.

The provisions and sections of this article are hereby declared to be severable. If any provision, clause, sentence or paragraph of this article or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article. (Ord. 1705 § 21, 2011).