ARTICLE B. STORMWATER MAINTENANCE
SECTION:
10-6B-1: Findings Of Fact, Need And Purpose
10-6B-4: Abrogation And Greater Restrictions
10-6B-5: More Restrictive Provisions Prevail
10-6B-6: Adoption Of Written Procedures
10-6B-7: Administrative Official; Duties
10-6B-8: General Requirements; Owner Responsibility
10-6B-10: Enforcement Actions; Orders
10-6B-1 FINDINGS OF FACT, NEED AND PURPOSE:
A. Findings Of Fact: The city council hereby finds that:
1. Stormwater facilities are a common feature of urban development;
2. In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained;
3. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater; and
4. If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public.
B. Need: The city council finds that this article is necessary in order to ensure maintenance of all stormwater facilities within the city by setting minimum standards for the inspection and maintenance of stormwater facilities.
C. Purpose: The provisions of this article are intended to:
1. Provide for inspection and maintenance of stormwater facilities in the city to provide for an effective, functional stormwater drainage system;
2. Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this article;
3. Establish the minimum level of compliance which must be met.
4. Guide and advise all who conduct inspection and maintenance of stormwater facilities. (Ord. 503, 11-13-1997)
10-6B-2 INTERPRETATION:
The provisions of this article shall be held to be minimum requirements in their interpretation and application, except that the minimum requirements of title 13, "Flood Control", of this code, shall apply if more stringent, and shall be liberally construed to serve the purposes of this article. In addition, all provisions of title 13, "Flood Control", of this code, shall apply to stormwater management as if fully set forth herein. If the provisions of this article are inconsistent with or conflict with the provisions of title 13 of this code, title 13 shall control. Any dispute over inconsistent or conflicting provisions between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel. (Ord. 857, 9-12-2011)
10-6B-3 DEFINITIONS:
For the purposes of this article, the following definitions shall apply:
|
BEST MANAGEMENT PRACTICE OR BMP: |
Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, and have been approved by ecology. BMPs are listed and described in the manual. |
|
INTERFLOW: |
That portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface; for example, in a wetland, spring or seep. |
|
PERSON: |
Any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated. |
|
STORMWATER: |
That portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility. |
|
STORMWATER DRAINAGE SYSTEM: |
Constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. |
|
STORMWATER FACILITY: |
A constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins and modular pavement. |
|
STORMWATER MANAGEMENT MANUAL OR MANUAL: |
The manual adopted by reference and prepared by ecology that contains BMPs to prevent or reduce pollution. (Ord. 503, 11-13-1997) |
10-6B-4 ABROGATION AND GREATER RESTRICTIONS:
It is not intended that this article repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail. (Ord. 503, 11-13-1997)
10-6B-5 MORE RESTRICTIVE PROVISIONS PREVAIL:
When any provision of any other ordinance of the city conflicts with this article, that which provides more environmental protection shall apply unless specifically provided otherwise in this article. (Ord. 503, 11-13-1997)
10-6B-6 ADOPTION OF WRITTEN PROCEDURES:
The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this article, provided however, that the floodplain administrator shall have final authority over development of procedures that are subject to title 13, "Flood Control", of this code. (Ord. 857, 9-12-2011)
10-6B-7 ADMINISTRATIVE OFFICIAL; DUTIES:
A. Director: The building official or a designee/inspector shall administer this article and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this article, provided that the floodplain administrator shall develop and implement administrative procedures to administer and enforce title 13 of this code where applicable. Any dispute over inconsistent or conflicting procedures between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel.
B. Inspection Authority: The director is directed and authorized to develop an inspection program for stormwater facilities in the city, provided, however, that the floodplain administrator shall be directed and authorized to develop such inspection program for stormwater facilities subject to title 13, "Flood Control", of this code.
C. Enforcement Authority: The director shall enforce this article, provided however, that the floodplain administrator in the administration of title 13, "Flood Control", of this code, shall have final authority over enforcement of stormwater regulations where the issue is subject to title 13 of this code. Any dispute over inconsistent or conflicting provisions between the stormwater maintenance provisions and title 13 of this code shall be resolved by the floodplain administrator in consultation with legal counsel. (Ord. 857, 9-12-2011)
10-6B-8 GENERAL REQUIREMENTS; OWNER RESPONSIBILITY:
A. Maintenance Required: All stormwater facilities shall be maintained in accordance with this article and the stormwater management manual. Systematic, routine preventive maintenance is preferred.
B. Minimum Standards: The following are the minimum standards for the maintenance of stormwater facilities:
1. Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they affect the functioning and/or design capacity of the facility.
2. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.
C. Disposal Of Waste From Maintenance Activities: Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Washington administrative code chapter 173-304, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Washington administrative code chapter 173-303.
D. Compliance By Property Owners: Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this article and the stormwater management manual. (Ord. 503, 11-13-1997)
10-6B-9 INSPECTION PROGRAM:
A. Inspection: Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this article has been or is being committed, the director is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the city to determine compliance with the provisions of this article.
B. Procedures: Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.
1. If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
2. If after reasonable effort, the director is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.
3. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
4. The director may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection B3 of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
C. Inspection Schedule: The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the city. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule.
D. Inspection And Maintenance Records: As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:
1. As built plans and locations;
2. Findings of fact from any exemption granted by the local government;
3. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies; and
4. Engineering reports, as appropriate.
E. Reporting Requirements: The director shall report annually to the city council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. 503, 11-13-1997)
10-6B-10 ENFORCEMENT ACTIONS; ORDERS:
A. Penalty Based Upon Severity Of Violation: Enforcement action shall be taken whenever a person has violated any provision of this article. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action.
B. Orders; Issuance; Contents: The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this article, the stormwater manual and/or city regulations. The order shall include:
1. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
2. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and
3. A reasonable time to comply, depending on the circumstances. (Ord. 503, 11-13-1997)
10-6B-11 PENALTY:
A person violating any of the provisions or failing to comply with any of the mandatory requirements of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to penalty as provided in section 1-4-1 of this code. (Ord. 503, 11-13-1997; amd. 2006 Code)