Chapter 13.40
STORMWATER MAINTENANCE

Sections:

13.40.010    Purpose.

13.40.020    Definitions.

13.40.030    Abrogation and interpretation of provisions.

13.40.040    Applicability.

13.40.050    Stormwater management manual and Appendix I of permit adopted—Administrative provisions authorized.

13.40.060    Regulated activities and exempt activities.

13.40.070    Maintenance requirements.

13.40.075    Stormwater minimum requirements and best management practices (BMPs).

13.40.080    Adjustments and variances.

13.40.090    Prohibitions.

13.40.100    Authority.

13.40.110    Inspection program.

13.40.120    Administration.

13.40.130    Civil enforcement.

13.40.140    Criminal violation.

13.40.150    Fees.

13.40.010 Purpose.

The provisions of this chapter are intended to:

A.    Provide for inspection and maintenance of stormwater facilities in the city to provide for an effective, functional stormwater drainage system;

B.    Authorize the city to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter;

C.    Establish the minimum level of compliance which must be met;

D.    Guide and advise all who conduct inspection and maintenance of stormwater facilities;

E.    Provide for inspections of existing sites by the city, or its authorized designee, to insure adequate source control BMPs are in place and maintained to prevent illicit discharges or violations of surface water, groundwater, or sediment management standards. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.020 Definitions.

For the purposes of this chapter, the following definitions shall apply. The definitions in:

A.    Wetlands Guidance Appendices, Definitions of the SWMMWW;

B.    The glossary and notations in the current Department of Ecology SWMMWW; and

C.    Section 2, Definitions Related to Minimum Requirements, Appendix I of the NPDES Phase II Municipal Stormwater Permit are incorporated by reference, unless the context clearly indicates that another definition is applicable.

“Department” means Washington State Department of Ecology.

“Director” means the public works director or his designee.

“Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

“Source control BMP” is a structure or operation intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Structural source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. Operational source control BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater.

“Stormwater maintenance permit” is a permit or approval issued by the director pursuant to Chapter 13.40 for maintenance of facility constructed for a regulated activity.

“Stormwater management manual” or “manual” means Appendix I of the NPDES Phase II Municipal Stormwater Permit, including the mandatory incorporated provisions of the current Department of Ecology Stormwater Management Manual for Western Washington (“SWMMWW”) except as modified in Section 13.36.060(A)(4).

“Stormwater management permit” is a permit or approval issued by the director pursuant to this chapter for a regulated activity.

“SWMMWW” means the current Ecology Stormwater Management Manual for Western Washington. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1855-16 § 7, 2016: Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.030 Abrogation and interpretation of provisions.

A.    Abrogation and Greater Restrictions. It is not intended that this chapter repeal, abrogate or impair any existing ordinances, regulations, issued permit requirements, easements, covenants or deed restrictions, except as expressly stated. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail.

B.    Interpretation. The provisions of this chapter shall be liberally construed to serve the purposes of this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.040 Applicability.

A.    When any provision of any other ordinance of the city conflicts with this chapter, that which provides the higher standard of environmental protection shall apply unless specifically provided otherwise in this chapter.

B.    This chapter applies to all activities which are subject to Chapter 13.36, and which have one or more conditions or requirements of a stormwater management permit which are permanent or shall require compliance after the completion of the permitted activity regulated by Chapter 13.36.

C.    All activities regulated by this chapter shall require a stormwater maintenance permit issued pursuant to this chapter. The stormwater maintenance permit shall govern those conditions or requirements of a stormwater management permit which are permanent or shall require compliance after the completion of the permitted activity regulated by Chapter 13.36.

D.    Prior to the applicant fulfilling the requirements of this chapter, the city shall not issue a stormwater maintenance permit.

E.    In most situations, nonpermanent development activities shall be governed by the stormwater management permit. At the completion of the activities governed by the stormwater management permit, the continuing maintenance and operation of any facilities that continue in operation will be governed by the stormwater maintenance permit issued pursuant to this chapter. Both permits will be issued by the director, and shall be administered together to meet the minimum requirements and BMPs of the manual. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.050 Stormwater management manual and Appendix I of permit adopted—Administrative provisions authorized.

A.    The thresholds, definitions, minimum requirements and exceptions, adjustment and variance criteria found in Appendix I of the NPDES Phase II Municipal Stormwater Permit, including the minimum and mandatory incorporated provisions of the Department of Ecology Stormwater Management Manual for Western Washington, are hereby adopted by reference, and are hereinafter collectively referred to as the “manual,” except as modified in Section 13.40.060(A)(4).

B.    The director may, in his discretion, modify, adopt and publish standards, designs and administrative regulations for permitting, to supplement the manual; provided, that the standards, designs and administrative regulations are consistent with the manual. The standards, designs and administrative regulations may include nonstructural preventative actions and source reduction approaches such as low impact development (LID) techniques consistent with the manual. Prior to adoption, the director shall solicit written and verbal comment at an advertised public hearing.

C.    Any standards, designs, and administrative regulations adopted by the director shall be published in printed form maintained for inspection and copying at the office of the city engineer. Any such standards, designs, and administrative regulations shall have the same effect as a provision of this chapter, and its administration and application to a particular permit is subject to appeal and variance in the same manner as the provisions of this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1855-16 § 8, 2016: Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.060 Regulated activities and exempt activities.

A.    Regulated Activities.

1.    All development and redevelopment shall be regulated activity subject to this chapter, and shall be subject to the applicable minimum requirements of the manual, unless exempted in subsection B of this section.

2.    Not all of the minimum requirements apply to every development or redevelopment project. The applicability of the minimum requirements to a project or activity shall be determined by the thresholds in the manual.

3.    If new development and redevelopment at sites below the regulatory threshold of this chapter were subject to regulation at the time of permitting, they shall continue to be subject to stormwater regulations, even if the site activities resulted in land disturbances of less than the one-acre threshold. The local stormwater requirements in effect at the time of permit issuance shall apply, unless the minimum requirements for new development and redevelopment contained in this chapter are applicable.

4.    The requirements of this chapter apply to all development and redevelopment within the city of Sedro-Woolley, including sites which do not meet the one-acre-or-larger threshold of the manual.

5.    Existing publicly and privately owned institutional, commercial and industrial sites where land uses and activities have the potential to generate pollutants to the MS4.

B.    Exemptions. The following activities are exempt pursuant to the manual from the requirements of this chapter:

1.    Forest Practices. Forest practices regulated under WAC Title 222, except for Class IV general forest practices that are conversions from timberland to other uses, are exempt from the provisions of the minimum requirements.

2.    Commercial Agriculture. Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timberland to agriculture, and the construction of impervious surfaces, are not exempt.

3.    Oil and Gas Field Activities or Operations. Construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations are exempt. Operators are encouraged to implement and maintain best management practices to minimize erosion and control sediment during and after construction activities to help ensure protection of surface water quality during storm events.

4.    Road Maintenance.

a.    The following road maintenance practices are exempt: pothole and square-cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road prism, and vegetation maintenance.

b.    The following road maintenance practices are considered redevelopment, and therefore are not categorically exempt:

i.    Removing and replacing a paved surface to base course or lower, or repairing the roadway base;

ii.    Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders;

iii.    Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt, or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete.

5.    Underground Utility Projects. Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are only subject to minimum requirement for construction stormwater pollution prevention.

C.    All other development or redevelopment is subject to one or more of the minimum requirements of the manual. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.070 Maintenance requirements.

A.    Maintenance Required. All stormwater facilities and BMPs shall be operated and maintained in accordance with this chapter, the manual, including the minimum standards and BMPs in the manual, the Western Washington Phase II Municipal Stormwater Permit, the Sedro-Woolley stormwater management plan, approved facilities maintenance manuals, and the stormwater maintenance permit.

B.    Compliance. Property owners are responsible for the maintenance, operation or repair of stormwater systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of the manual, including the minimum standards and BMPs in the manual, the Western Washington Phase II Municipal Stormwater Permit, the Sedro-Woolley stormwater management plan, approved facilities maintenance manuals, and the stormwater maintenance permit.

C.    Financial Responsibility. The property owners are responsible for the maintenance, operation and repair of the stormwater system and BMPs subject to the stormwater maintenance permit. The director may require a bond or other surety, or a block fund in a federally insured financial institution, as security for the permanent maintenance, operation and repair of the stormwater facilities, as a condition of the stormwater maintenance permit, on such conditions as the director deems reasonable, considering the size and cost of the facility. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.075 Stormwater minimum requirements and best management practices (BMPs).

A.    The minimum requirements of the manual are adopted and incorporated herein by reference.

B.    The site planning process of the manual and BMP selection and design criteria of the manual shall be used to implement the minimum requirements of the manual.

C.    All development and redevelopment shall apply all known, available and reasonable methods of prevention, control and treatment (AKART), utilizing the BMPs and design criteria of the manual, including LID design criteria, to comply with the minimum requirements of the manual, prior to discharge into the city of Sedro-Woolley storm sewer system permitted by the Department of Ecology.

D.    No person may conduct activity regulated by this chapter which discharges directly to, or indirectly through, the city of Sedro-Woolley storm sewer system permitted by the Department of Ecology, unless they meet the requirements of this chapter and obtain a stormwater management permit or stormwater maintenance permit, or both.

E.    All stormwater site plans for regulated activity (development and redevelopment) are subject to review and approval by the director, and shall require a stormwater management permit or stormwater maintenance permit issued by the director pursuant to this chapter. A stormwater maintenance permit may be required by the director as a condition of the stormwater management permit.

F.    The director shall adopt BMPs for low impact development (LID) techniques pursuant to Section 13.36.050(B) as administrative regulations for the implementation of this chapter. The director may adopt specific BMPs and low impact development standards from the SWMMWW or other approved source. In addition, an applicant may seek an adjustment or variance incorporating BMPs for LID techniques into permit approval.

G.    The owner or operator of an institutional, commercial or industrial establishment that has the potential to generate pollutants into the storm sewer system shall provide appropriate protections from accidental discharge of prohibited materials or other wastes through the use of applicable structural and nonstructural source control BMPs in the SWMMWW. Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, shall be required to implement additional structural and non-structural source control BMPs to prevent further discharge of pollutants to the storm sewer system. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1855-16 § 9, 2016: Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.080 Adjustments and variances.

A.    Adjustments. Adjustments to the minimum requirements may be granted by the director; provided, that a written finding of fact is prepared that addresses the following:

1.    The adjustment provides substantially equivalent environmental protection.

2.    Based on sound engineering practices, the objectives of safety, function, environmental protection and facility maintenance, are met.

Adjustments under this subsection do not require a public notice or hearing, and the decision of the director under this subsection is not subject to appeal.

B.    Exceptions/Variances. Exceptions/variances (exceptions) to the minimum requirements may be granted by the director following legal public notice of an application for an exception or variance, legal public notice of the director’s decision on the application, and written findings of fact that document the director’s determination to grant an exception. The director shall keep records, including the written findings of fact, of all local exceptions to the minimum requirements.

Project-specific design exceptions based on site-specific conditions do not require prior approval of the department. The director must seek prior approval by the department for any jurisdiction-wide exception.

The director may grant an exception to the minimum requirements if such application imposes a severe and unexpected economic hardship. To determine whether the application imposes a severe and unexpected economic hardship on the project applicant, the director must consider and document with written findings of fact the following:

1.    The current (pre-project) use of the site; and

2.    How the application of the minimum requirement(s) restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of the minimum requirements; and

3.    The possible remaining uses of the site if the exception were not granted; and

4.    The uses of the site that would have been allowed prior to the adoption of the minimum requirements; and

5.    A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the minimum requirements; and

6.    The feasibility for the owner to alter the project to apply the minimum requirements.

C.    In addition any exception/variances must meet the following criteria:

1.    The exception will not increase risk to the public health and welfare, nor be injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state; and

2.    The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

D.    An exception/variance shall be subject to the same notice requirements and appeal process from the decision of the director as a Type II decision subject to Chapter 2.90, to the extent applicable and not inconsistent with this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.090 Prohibitions.

A.    Illicit discharge to stormwater drainage systems is prohibited. Illicit discharges are defined as those discharges prohibited by the manual, the Western Washington Phase II Municipal Stormwater Permit, the city of Sedro-Woolley stormwater management plan, and state law.

B.    The following categories of nonstormwater discharges are prohibited unless the stated conditions are met:

1.    Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.

2.    Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities (see section S5.C.1 of the Western Washington Phase II Municipal Stormwater Permit) and water conservation efforts.

3.    Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a 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. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.

4.    Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. At active construction sites, street sweeping must be performed prior to washing the street.

5.    Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan, reviewed by the director, which addresses control of such discharges.

C.    Development and redevelopment which fail to comply with the requirements of this chapter is prohibited. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.100 Authority.

A.    Director. The director or a designee/inspector shall administer and enforce this chapter and shall be referred to as the director.

B.    Inspection Authority. The director is directed and authorized to develop an inspection program for stormwater facilities and existing sites with the potential to generate pollutants, including all facilities operating under a stormwater maintenance permit.

C.    Plan, Manual, and Inspection Schedule. All activities and facilities which are subject to this chapter shall, as a condition of the stormwater maintenance permit, submit a permanent maintenance plan, maintenance and operations manual, and an inspection schedule, which shall be subject to the approval of the director. Compliance with the plan, maintenance manual and inspection schedule shall be a condition of the stormwater maintenance permit.

D.    Previously Constructed Facilities. This chapter shall apply to stormwater facilities which were legally constructed without a stormwater maintenance permit issued pursuant to this chapter, to the extent permitted and required by the manual. The facilities shall be subject to inspection for compliance with the original conditions of approval and the applicable standards of this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.110 Inspection program.

A.    Inspection. The inspector is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems and existing sites with the potential to generate pollutants within the city to determine compliance with the provisions of this chapter. The following schedule shall apply:

1.    Facilities operating under a stormwater maintenance permit shall be inspected pursuant to the inspection schedule incorporated in the permit.

2.    Facilities operating without a stormwater maintenance permit shall be inspected at least annually, unless the director determines that annual inspections are not necessary.

3.    Facilities which the director has reason to believe are not being maintained or operated consistent with the stormwater maintenance permit or as previously permitted or designed, may be inspected by the director at any time, as set forth below.

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

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

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

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 threat to public safety, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.

4.    The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (B)(3) 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 exemptions granted by the local government;

3.    Operation and maintenance requirements and records of inspections, maintenance actions and frequencies;

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.

F.    Easement. The director may require, as a condition of the stormwater maintenance permit, that the city of Sedro-Woolley be conveyed a permanent easement to access the permitted stormwater facilities for purposes of inspection and emergency maintenance and repairs. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.120 Administration.

A.    Director. The director or a designee shall administer this chapter 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 chapter.

B.    Review and Approval.

1.    Any activity subject to regulation by this chapter shall not be approved until the director issues a written finding that the regulated activity complies with this chapter, or is exempt. The finding, approvals and conditions shall be incorporated into a stormwater maintenance permit. The omission of a minimum requirement or BMP on the permit or approved plan shall not relieve the applicant of complying with the minimum requirement or BMP if it is made applicable by the manual.

2.    Any owner or applicant seeking approval or a permit for activity regulated by this chapter shall, in addition to any other permit necessary for the activity, apply for a stormwater maintenance permit in the form provided by the director, and shall provide the information required to demonstrate compliance with minimum requirements and BMPs specified in the manual. The form of the application shall meet the requirements established by the director.

3.    The director may approve, conditionally approve or deny an application for activities regulated by this chapter. Such approval or denial shall be based on the thresholds, definitions, minimum requirements and exceptions, adjustment and variance criteria found in Appendix I of the NPDES Phase II Municipal Stormwater Permit, including the mandatory incorporated provisions of the current Department of Ecology Stormwater Management Manual for Western Washington, and on any administrative provisions adopted by the director pursuant to Section 13.40.050.

4.    If an adjustment, exception or variance is allowed, it shall be incorporated into the conditions and terms of the permit issued by the director.

5.    Inspection. All activities regulated by this chapter shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that the regulated activity is complying with the terms of the permit and approval. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land-disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed.

6.    All project applications must address long-term maintenance responsibility and access for maintenance inspections, and all must continue to meet the minimum requirements of the manual as a condition of the stormwater maintenance permit.

7.    The stormwater maintenance permit shall identify the party responsible for compliance, and may require the posting of a bond or surety to guarantee financial responsibility for compliance as a condition of the permit. The amount of the bond or other surety shall not exceed one hundred twenty-five percent of the cost of compliance with the conditions and requirements of the stormwater maintenance permit, as determined by the director.

8.    Any applicant may appeal the decision of the director to issue, condition or deny a permit in the same manner as a Type II decision subject to Chapter 2.90, to the extent applicable and not inconsistent with this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1855-16 § 10, 2016: Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.130 Civil enforcement.

A.    The director shall enforce this chapter. Violations of this chapter shall be subject to civil penalties and process as set forth in Title 18. It shall be a violation of this chapter to (1) engage in any regulated activity without a permit issued pursuant to this chapter, (2) violate the terms and conditions of a permit issued pursuant to this chapter, or (3) permit, allow, or commit an illicit discharge prohibited by this chapter.

B.    The director is authorized to seek injunctions, restraining orders, and other civil relief in court as is necessary to enforce this chapter. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1855-16 § 11, 2016: Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.140 Criminal violation.

In addition to any civil penalty or civil enforcement action, a willful violation of this chapter by any person shall constitute a gross misdemeanor punishable by a five-thousand-dollar fine, imprisonment in jail not to exceed one year, or both. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)

13.40.150 Fees.

The applicant shall pay all fees and costs as established by ordinance or resolution prior to issuance of the stormwater maintenance permit or other review or inspections pursuant to this chapter. If no separate fee is established, the applicant shall pay a fee based on the hourly rate for city engineering services established by separate ordinance or resolution for plan review. (Ord. 2015-22 § 2 (Exh. B), 2022; Ord. 1687-10 § 2 (Exh. B (part)), 2010)