Chapter 21.10
STORM WATER MANAGEMENT

Sections:

Article I. General Provisions

21.10.010    Title.

21.10.020    Purpose and scope.

21.10.030    Definitions.

21.10.040    Adoption of the Stormwater Manual.

Article II. Permit Application Procedures

21.10.050    Storm water management required.

21.10.060    Storm water site plans.

21.10.070    Contents of the storm water site plan.

21.10.080    Exemptions.

21.10.090    Adjustments, exceptions and variances.

21.10.100    Permit required.

21.10.110    Permit fees.

21.10.120    Connection charges.

21.10.130    Latecomer’s agreement.

21.10.140    Permit suspension and revocation.

21.10.150    Permit conditions.

21.10.160    Performance bond.

21.10.165    Twelve-month maintenance bond for public storm water facilities.

21.10.170    Liability insurance.

Article III. Storm Water Management Criteria

21.10.180    Management requirements.

21.10.190    Specific design criteria.

21.10.200    Basin plans.

21.10.210    Low impact development.

21.10.220    Oversizing.

Article IV. Inspections

21.10.230    Inspections and notice.

21.10.240    Inspection requirements during construction.

21.10.250    Final inspection reports.

21.10.260    Inspection for preventive maintenance.

Article V. Maintenance

21.10.270    Maintenance agreement.

21.10.280    Maintenance responsibility.

Article VI. Enforcement and System Protection

21.10.290    Violation – Penalty.

21.10.300    Cross-connections prohibited.

21.10.310    Water quality.

21.10.320    Work in city right-of-way.

21.10.330    Appeals.

Article I. General Provisions

21.10.010 Title.

This chapter shall be known as the “city of Puyallup stormwater management regulations” and may be so cited. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.020 Purpose and scope.

(1) The purpose of this chapter is to ensure water quality standards and help protect receiving waters, and their beneficial uses, in accordance with the Federal Clean Water Act and state requirements, by establishing minimum requirements for measures that must be implemented to control the quantity and quality of storm water that is produced or affected by development, redevelopment or construction site activity.

(2) The provisions of this chapter shall apply to all development, redevelopment and construction site activity that occurs within the incorporated area of the city of Puyallup. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.030 Definitions.

For the purposes of this chapter the following definitions describe the meaning of the terms used in this chapter:

(1) “Drainage manual administrator” means the plan approval authority.

(2) “Developer” means a person or entity that engages, or plans to engage, in development, redevelopment or construction site activity.

(3) “Hard surface” means an impervious surface, a permeable pavement, or a vegetated roof.

(4) “Hazardous substance” means any liquid, solid, gas or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 172-303-090 or 173-303-100.

(5) “Illicit connection” means any infrastructure connection to the MS4 that is not intended, permitted, or used for collecting and conveying storm water or non-storm water discharges allowed as specified in this title. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets or outlets that are connected directly to the MS4.

(6) “Illicit discharge” means any discharge to the MS4 that is not composed entirely of storm water or of non-storm water discharges allowed as specified in this title.

(7) “Impervious surface” means a nonvegetated surface that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A nonvegetated surface area which 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 rooftops, walkways, patios, driveways, parking lots or storm water areas, concrete or asphalt paving, gravel, packed earthen materials and oiled, macadam or other surfaces which primarily impede the natural infiltration of storm water.

(8) “Local government(s)” shall mean or include the city of Puyallup.

(9) “Low impact development (LID)” means a storm water management strategy that emphasizes conservation and use of existing natural site features integrated with distributed, small-scale storm water controls to more closely mimic natural hydrologic patterns in residential, commercial and industrial settings. LID implements engineered small-scale hydrologic controls to replicate the predevelopment hydrologic regime of watersheds through infiltrating, filtering, storing, evaporating and detaining runoff close to its source. Examples of LID include: permeable paving, bioinfiltration facilities (e.g., “rain garden”), biofiltration facilities, green roofs, rainwater collection, tree retention, soil amendments, clustered site design, native landscaping/minimization of turf lawn, minimal excavation foundation systems, retention of natural site contours, impervious surface minimization, etc.

(10) “MS4” means municipal separate storm sewer system.

(11) “Municipal separate storm sewer system” means a conveyance or system of conveyances including roads and drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: (a) owned and operated by the city; (b) designed or used for collecting and conveying storm water; and (c) which is not a combined sewer.

(12) “NPDES permit,” or the “National Pollutant Discharge Elimination System and state waste discharge general permit for discharges from small municipal separate storm sewers in western Washington,” means the Phase II Western Washington Municipal Stormwater Permit administered by the Washington Department of Ecology under authority for the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits and imposing and enforcing pretreatment requirements, under Sections 306, 402, 318 and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state.

(13) “Plan approval authority” is the development services administrator or director, or his or her designee.

(14) “Should,” as used in the Stormwater Manual, means shall, unless the plan approval authority permits or allows otherwise.

(15) “Storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage or interflow.

(16) “Stormwater Manual” means the most current version, as approved for city use by the council, of the Stormwater Management Manual for Western Washington, published by the Washington State Department of Ecology, as presently constituted or as may be amended, updated, supplemented, or revised. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.040 Adoption of the Stormwater Manual.

(1) The city of Puyallup adopts the Washington State Department of Ecology Stormwater Management Manual for Western Washington (hereinafter, the Stormwater Manual), including, but not limited to, all definitions, thresholds, minimum requirements, adjustment and variance criteria, supplemental guidelines, optional guidance, and appendices and glossaries thereto. The version in effect will be the most current version approved for city use by the council.

(2) Any exemptions (set forth in Minimum Requirement No. 7 of Appendix 1) for flow control requirements, including, but not limited to, those for projects that discharge directly to an MS4 to the Puyallup River (a water listed in Appendix I-E of the Stormwater Manual for Western Washington) shall meet the minimum requirements of Appendix I-E. The definition for the minimum requirement for hydraulic capacity shall be a storm water system capable of conveying storm water flows from the proposed condition project site and from the existing conditions from the remainder of the basin from the project site to the point of discharge. All such flows will remain within all catch basin or manhole rims for a continuous model simulation for the September 17, 1969, storm event assuming no backflow influence from the Puyallup River and show greater than one cfs remaining capacity of the system. The city engineer, or designee, will review all models seeking exemption. Capacity as defined above must be available from the project site to point of discharge to the Puyallup River for approval of any exemption to flow control. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

Article II. Permit Application Procedures

21.10.050 Storm water management required.

(1) Developers that engage in development, redevelopment or construction projects in the city of Puyallup shall use and comply with the Stormwater Manual, and pursuant thereto employ best management practices (BMPs) to control storm water flows, provide treatment, and prevent erosion and sedimentation.

(2) In addition, developers that engage in projects that discharge storm water off site shall perform an off-site analysis and employ mitigation measures pursuant to the Stormwater Manual.

(3) All surface and storm water runoff from a property where any person seeks to construct new, or modify existing, drainage facilities must be discharged at the natural location so as not to be diverted onto, or away from, the adjacent downstream property. Discharge from the project must produce no significant adverse impact to the downhill property. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.060 Storm water site plans.

(1) The plan approval authority is authorized and entitled to fully review all development, redevelopment, or construction projects and storm water site plans to ensure that storm water control measures are adequate and consistent with the regulations in this chapter, and any other applicable law, regulation or rule.

(2) A developer shall submit a storm water site plan to the city for review and approval, unless otherwise exempted. The storm water site plan shall comply with the thresholds, minimum requirements, adjustment and variance criteria, supplemental guidelines and optional guidance of the Stormwater Manual. In addition, the developer shall submit an accurate estimate of the cost to prepare and implement the storm water site plan, and any other relevant information that the city may require.

(3) The city shall review the storm water site plan to ensure that storm water control measures are adequate and comply with the regulations in this chapter. The city shall approve or deny the storm water site plan based on the thresholds, minimum requirements, adjustment and variance criteria, supplemental guidelines and optional guidance of the Stormwater Manual.

(4) If the city approves the storm water site plan, then the developer shall properly implement the plan in its entirety. If the developer fails to satisfy the requirements of the storm water site plan, in whole or in part, then the developer shall promptly comply with a demand to cure, correction notice, stop work order, or restoration order issued by the city. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.070 Contents of the storm water site plan.

The storm water site plan shall include the content, analysis and other information that is described in the Stormwater Manual. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.080 Exemptions.

The activities that are identified in Chapter 2.2 of Volume I of the Stormwater Manual are exempt from compliance with the minimum requirements for development, redevelopment or construction activity that are described in this chapter and in the Stormwater Manual. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.090 Adjustments, exceptions and variances.

(1) Adjustments, exceptions, and variances may be granted at the discretion of the city pursuant to Chapters 2.7 and 2.8 of Volume I of the Stormwater Manual.

(2) To apply for an adjustment, exception or variance, a developer shall submit a written request with supporting documentation to the city.

(3) The city may approve the adjustment, exception or variance if the developer can, pursuant to the Stormwater Manual, demonstrate the adjustment, exception or variance will not adversely impact water quality and satisfies state and federal water quality laws and the criteria identified in Chapters 2.7 and 2.8 of Volume I of the Stormwater Manual. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.100 Permit required.

The city shall not issue a land disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter, to a developer unless the requirements of this chapter are satisfied. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.110 Permit fees.

A developer shall pay a nonrefundable permit fee to the city of Puyallup at the time that the developer submits a storm water site plan to the city. The permit fee will provide for the cost of storm water site plan review, administration and management of the permitting process, and inspection of development or redevelopment projects. The fee amount shall be established by the public works director or designee. The public works director may establish a permit fee schedule that is based upon the relative complexity of a proposed project, and any other relevant factors, and may amend such schedule from time to time. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.120 Connection charges.

(1) The public works director is authorized and directed to compute and establish connection fees for all public storm water drainage system improvements that have been constructed within the city upon completion of such improvements. All existing storm water drainage facilities that have been constructed prior to the effective date of the ordinance codified in this chapter will not be subject to a charge in lieu of assessments, unless the storm water drainage facility currently has an existing charge in lieu of assessment agreement in place. Such charge in lieu of assessment shall be based on the total area assessment basis or both, at the reasonable discretion of the development services director. Such project costs shall include all associated design and construction charges to the project.

(2) All connections made to a public storm water drainage system from properties which have not been assessed or have not borne an equitable share of cost to such public system, shall be subject to a charge in lieu of assessment at the rate for the particular storm water drainage system as stated in subsection (1) of this section. The assessment charge shall be based on the pro rata share of the public storm system at the rate predetermined by the public works director. Payment of the charge in lieu of assessment shall be made in full, prior to connecting to the public storm water drainage system. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.130 Latecomer’s agreement.

(1) A “latecomer’s agreement” shall be defined as an agreement between the city and a property owner for the sole purpose of reimbursing such owner for costs incurred by that owner for the installation of a public storm water drainage system. Said system shall have a reasonable possibility of directly benefiting future development by other properties within the area.

(2) The latecomer’s reimbursement charge shall be based on the total project cost and figured on either a front-foot or area assessment basis or both at the reasonable discretion of the public works director. The project costs shall include all associated design and construction charges of the project submitted by the property owner and approved by the city.

(3) The public works director is hereby authorized and directed to execute latecomer’s agreements at the request of the property owner upon council approval. The agreement shall be executed in conformance with guidelines developed by the city. It shall be the owner’s responsibility to keep a current address on record with the city at all times during the life of the payback agreement.

(4) All properties connecting to a public storm water drainage system, for which a latecomer’s agreement is in force and which property has not been assessed or has not borne an equitable share of this cost of such public system, shall be subject to a latecomer’s connection charge. The connection charge shall be based on a pro rata share of the costs as stated in the latecomer’s agreement, at the reasonable discretion of the development services director. Payment of the payback charge shall be made in full to the owner designated in the agreement and a release of acceptance of such payment shall be provided to the city prior to connecting to the public storm water drainage system.

(5) It shall be the city’s duty to collect all such appropriate connection charges and to remit such moneys to the developer designated in the agreement, for the entire life of the agreement. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.140 Permit suspension and revocation.

The city may suspend and revoke any land disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter, after providing written notice and an opportunity to cure, for any of the following:

(1) Any violation of the provisions of the approved stormwater site plan;

(2) Any violation of the provisions of the land disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter;

(3) Any noncompliance with a demand to cure, correction notice or stop work order issued with respect to the developer’s development or redevelopment; and

(4) Any activity of the developer, or occurrence caused by the developer, on site or off site of the development project, that creates a material risk of harm to receiving waters, water quality, persons, property or public health, safety or welfare. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.150 Permit conditions.

As conditions of storm water site plan approval, the city may impose such provisions thereto as may be deemed necessary to ensure compliance with the provisions of this chapter and the preservation of the public health, safety and welfare. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.160 Performance bond.

Developers that engage in development and redevelopment projects in the city of Puyallup shall provide security to the city in accordance with the Stormwater Manual and this section. The developer shall post a surety, cash bond, or other means of security acceptable to the city prior to the issuance of any land-disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter. The amount of the security shall not be less than 125 percent of the total estimated cost, as reviewed and approved by the city, to fully implement the approved storm water site plan. The security shall include provisions that enable forfeiture for any circumstances that would allow permit suspension or revocation, and for any failure to comply with the provisions of this chapter and other applicable laws and regulations. The security shall not be fully elapsed without an inspection of completed work by the city, submission of as-built plans, certification by the city that the storm water drainage system is in compliance with the approved storm water site plan and the provisions of this chapter, and any other reasonable condition imposed by the city. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.165 Twelve-month maintenance bond for public storm water facilities.

Developers that engage in development and redevelopment projects in the city of Puyallup shall provide security to the city in accordance with the Stormwater Manual and this section. The developer shall post a surety, cash bond, or other means of security acceptable to the city upon approval of the final inspection report. The amount of this security shall not be less than 10 percent of total estimated construction cost, as reviewed and approved by the city, to fully implement the approved storm water site plan. The security shall include provisions that enable forfeiture for any circumstances such as failure to repair or maintain the storm water facility, and for any failure to comply with the provisions of this chapter and other applicable laws and regulations. The security shall not be fully elapsed without an inspection of completed work by the city, and 12 months of satisfactory performance of the system. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.170 Liability insurance.

All persons performing work within any existing street right-of-way or any public easement or other city property shall have a valid permit covering the work and shall be currently licensed and bonded with the state of Washington and the city as a contractor during the course of the work. The contractor shall procure and maintain insurance against claims for injuries to persons or damage to property which may arise from or are related to the work of the contractor.

(1) Minimum Amount of Insurance. The contractor shall maintain the following insurance limits: commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate.

(2) Other Insurance Provisions. The insurance policy must contain, or be endorsed to contain, the following provisions:

(a) The contractor’s insurance coverage shall be primary insurance as respects the city. Any insurance, self-insurance, or insurance pool coverage maintained by the city shall be excess of the contractor’s insurance and shall not contribute with it.

(b) The contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after delivery of 30 days’ prior written notice by certified mail, return receipt requested, to the city.

(c) Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

(d) Verification of Coverage. The contractor shall furnish the city with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the contractor before commencement of the work. (Ord. 2951 § 1 (Exh. A), 2010).

Article III. Storm Water Management Criteria

21.10.180 Management requirements.

The requirements for managing storm water for any development, redevelopment or construction project shall be those that are set forth in the Stormwater Manual. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.190 Specific design criteria.

(1) Development, redevelopment and construction projects that disturb a land area exceeding the thresholds identified in Chapter 2.4 of Volume I of the Stormwater Manual shall comply with and be designed according to the Stormwater Manual, including all design criteria, thresholds, minimum requirements, adjustment and variance criteria, supplemental guidelines and optional guidance.

(2) All private storm water facilities arising from development, redevelopment and construction projects shall be segregated from public storm water facilities.

(3) All public storm drainage systems shall be located on public property, within the public right-of-way, or within a tract dedicated to the city. The minimum width of the right-of-way or tract shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.200 Basin plans.

If the city chooses, or has chosen, to develop a watershed plan or basin plan, then projects shall be subject to the plan’s equivalent or more stringent minimum requirements for erosion control, source control, treatment, and operation and maintenance, and alternative requirements for flow control and wetlands hydrologic control as identified in the applicable basin or watershed plans. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.210 Low impact development.

(1) Parties that engage in development, redevelopment and construction projects are required to employ, wherever feasible, low impact development practices to meet the design criteria set forth in PMC 21.10.190, in accordance with Chapter 5 of Volume V and Chapter 3 of Volume III of the Stormwater Manual.

(2) LID system designs shall be prepared by a registered professional engineer who is licensed in the state of Washington and experienced in LID design. Any such LID design shall be certified by the preparing engineer as feasible and safe for the intended application and sufficient to meet all state and federal requirements for such LID facilities. Such engineer shall further certify that the facility has been constructed as shown on the as-built plans and meets approved plans and specifications. Rain garden designs may instead be prepared by a qualified landscape designer consistent with the design requirements of the Stormwater Manual. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.220 Oversizing.

When the city requires a developer to install conveyance lines that are larger than necessary to serve adjacent properties, such development shall be eligible for a latecomer’s agreement. The stormwater drainage utility may participate in the cost to construct the oversizing upon council approval. (Ord. 2951 § 1 (Exh. A), 2010).

Article IV. Inspections

21.10.230 Inspections and notice.

(1) Developers that apply for any land-disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter, or developers that engage in development, redevelopment and construction projects, implicitly consent that the city has authority to enter the project site at any reasonable time and inspect the site to verify compliance with the approved storm water site plan and any applicable law or regulation.

(2) The city shall have authority to enter and inspect all development, redevelopment and construction project sites to verify compliance with the approved storm water site plan and any applicable law or regulation, and verify proper installation and maintenance of required erosion and sediment controls.

(3) If the city observes any violation of the approved storm water site plan, the city shall implement the enforcement noticing and correction procedures identified in PMC Title 1.

(4) A developer shall notify the city of its intent to begin work before commencing any development, redevelopment or construction activity, or any activity that triggers application of this chapter, and shall notify the city once the project is substantially complete. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.240 Inspection requirements during construction.

While construction occurs on a known permitted development site, the city shall inspect the site to verify proper installation and maintenance of required erosion and sediment controls. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.250 Final inspection reports.

Upon completion of construction and prior to final approval or occupancy, the developer shall provide a written report to the city, and therein certify that the developer has properly installed any permanent storm water controls, and otherwise complied with the storm water site plan. Thereafter, the city shall inspect the site to ensure proper installation of permanent storm water controls such as storm water facilities and structural BMPs.

Privately owned and maintained permanent storm water treatment and flow control facilities are approved upon review and approval of the final inspection report by the public works director or his/her designee.

Publicly owned permanent storm water treatment and flow control facilities are accepted as city property upon review and approval of the final inspection report by the public works director or his/her designee and completion of the 12-month performance period. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.260 Inspection for preventive maintenance.

(1) Preventive maintenance for publicly owned permanent storm water treatment, flow control and LID facilities shall be ensured through inspections by the city.

(2) Preventative maintenance for privately owned permanent storm water treatment, flow control and LID facilities shall be ensured through inspection by the designated responsible party as identified in the maintenance and operations plan. Original inspection records will be maintained at the location designated in the maintenance and operations plan. A copy of all inspection reports for the calendar year will be submitted to the public works department no later than January 30th of the following year.

(3) Inspection reports shall be maintained by the city on all publicly and privately owned retention, detention and LID facilities and shall include, for example, when applicable, but shall not be limited to, the following:

(a) The date of inspection;

(b) Name of inspector;

(c) The condition of:

(i) Vegetation;

(ii) Fences;

(iii) Spillways;

(iv) Embankments;

(v) Reservoir area;

(vi) Outlet channels;

(vii) Underground drainage;

(viii) Sediment load;

(ix) Dispersion devices;

(x) Permeable pavement;

(xi) Green roof;

(xii) Drainage structures; or

(xiii) Any other item that could affect the proper function of storm water facilities;

(d) Description of needed maintenance.

(4) If, after an inspection by the city, the condition of an element of the privately owned storm water drainage system presents an imminent and material risk of danger to the public health, safety or welfare, the city may take such action as may be necessary to protect the public and make the facility safe. The city may assess any cost incurred by the city against the entity that is responsible for, or benefits from, the operation and maintenance of the privately owned storm water drainage system. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

Article V. Maintenance

21.10.270 Maintenance agreement.

(1) Prior to the issuance of any land disturbing permit, street excavation permit, clearing, filling and grading permit, building permit, or other approval or permit that triggers application of this chapter, the city shall require the developer to execute an inspection and maintenance agreement that is binding on all subsequent owners of land served by the private stormwater facility. Such agreement shall provide for access to the system at reasonable times for regular inspection by the city and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.

(2) The agreement shall be recorded by the developer and/or owner in the land records of Pierce County.

(3) The agreement shall also provide that, if after notice by the city to correct a violation requiring maintenance work and satisfactory corrections are not made by the responsible entities within a reasonable period of time as determined by the city, the city may perform all necessary work to place the facility in proper working condition. The city may assess the cost of the work and any penalties against the entity that is responsible for, or benefits from, the operation and maintenance of the facility, and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the city. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.280 Maintenance responsibility.

(1) The owner of the property on which work has been done pursuant to this chapter for private storm water drainage systems, or any other person, home owners or condominium association or agent in control of such property, shall maintain in good condition and promptly repair and restore all storm water facilities, including but not limited to elements such as grade surfaces, walls, drains, dams and structures, LID features, infiltration capacity, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with the approved storm water site plan.

(2) Pursuant to the Stormwater Manual, especially Chapter 2.5.9 of Volume I, the developer shall provide to the city an operations and maintenance manual that is consistent with the provisions in Chapter 4.6 of Volume V of the Stormwater Manual for all proposed storm water facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified. At private facilities, a copy of the manual shall be retained on site or within reasonable access to 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 in public works. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the city.

(3) The maintenance and operation of a private storm water drainage system shall be the responsibility of the property owner(s). Furthermore, the property owner(s) shall, in accordance with the operation and maintenance schedule, record and log maintenance performed and date. Operation and maintenance records shall be retained by the property owner for a minimum of three years and shall be filed with the city public works department annually no later than January 30th for the preceding year’s report and be available to the city for inspection at all reasonable times.

(4) Revisions to maintenance and operations plans for privately owned storm water facilities must have prior approval of the public works director or his/her designee.

(5) The city shall be responsible for the maintenance and operation of all public storm water drainage facilities located within public easements and rights-of-way following the completion of the successful maintenance period and the acceptance of such facilities by the city. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

Article VI. Enforcement and System Protection

21.10.290 Violation – Penalty.

(1) Any person convicted of violating the provisions of this chapter is guilty of a gross misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000 or imprisonment not exceeding one year or both for each and every violation with costs imposed at the discretion of the court. Each day that the violation continues shall be a separate offense. In addition, the city may institute injunctive, mandamus or other appropriate action or proceedings at law or equity for the enforcement of this chapter or to correct violations of this chapter, and any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent, injunctions or mandamus or other appropriate forms of remedy or relief.

(2) In addition to, or in lieu of the provisions of subsection (1) of this section, the city shall reserve the right to recover all reasonable costs incurred abating, cleaning, replacing or repairing adverse impacts to the stormwater system, appurtenances, surface waters, aquifers, wetlands or watercourses resulting from a deleterious discharge from a determinable source or sources. Failure to pay appropriate charges or delinquencies in payment shall result in a property lien. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.300 Cross-connections prohibited.

The installation or maintenance of any cross-connection pertaining to the connection between any stormwater drainage system and any sanitary sewer system is prohibited. Any such cross-connections existing as of the effective date of the ordinance codified in this chapter or thereafter installed are considered a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, then the city shall have the authority to abate such connection(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien. (Ord. 2951 § 1 (Exh. A), 2010).

21.10.310 Water quality.

(1) It is unlawful for any individual, firm or corporation to discharge into the public storm water drainage system directly or indirectly any liquid or solid substances which may cause or tend to cause water pollution in accordance with any applicable laws or regulations that govern illicit discharge, detection and elimination, including Chapter 21.11 PMC.

(2) Products of erosion shall be prevented from entering the public storm water drainage system all the time, both during construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the storm water drainage system at any point within the property.

(3) Discharges from commercial or industrial vehicle washing facilities within the sanitary sewer service area shall discharge to the sanitary sewer following pretreatment for removal of large solids, oil and grease. Washing areas shall be covered, sloped or curbed to minimize entry of uncontaminated storm water into the sanitary sewer system. Wash water containing detergents, degreasers or other cleaning compounds shall not be discharged to any surface water or watercourses, either directly or via the storm sewer system.

(4) Whenever a known discharge of any potentially deleterious material shall occur, the responsible party shall immediately notify the city of the existence of such discharge and the location thereof.

(a) The notification required by this section in Puyallup shall be given by telephoning 911 or other such emergency number as may be designated.

(b) The requirements of this section shall not be construed to forbid the responsible party from using all diligence necessary to control such discharge prior to notification especially if such efforts may result in the control or containment of the discharge or abatement of hazards or adverse impact.

(c) No statement contained in this section shall be construed to exempt or release any person from any other notification or reporting procedure required by the state of Washington or any federal agency. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010).

21.10.320 Work in city right-of-way.

(1) All work within the limits of any street right-of-way or any public easements must be pursued to completion with due diligence and if an excavation is left open beyond a reasonable length of time, the city shall cause the same to be backfilled and restored forthwith.

(2) Any costs incurred by the city in backfilling or restoring said excavation will be charged to the property owner and/or developer. Any delinquent payments shall constitute a lien. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010. Formerly 21.10.330).

21.10.330 Appeals.

Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce this chapter in regard to a specific application, shall have the right to appeal the action to the hearing examiner. The appeal shall be filed in writing with the office of the hearing examiner within 10 business days of the date of official transmittal of the final decision or determination to the developer, shall state clearly the grounds on which the appeal is based, and shall be processed in the manner prescribed for hearing administrative appeals under this code. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2951 § 1 (Exh. A), 2010. Formerly 21.10.340).