Chapter 13.10
SURFACE WATER UTILITY
Sections:
13.10.120 Revenue and expenditures.
13.10.200 Adoption of Stormwater Management Manual.
13.10.225 Minimum requirements.
13.10.230 Special drainage areas.
13.10.235 Construction inspections.
13.10.240 Record drawings and certifications.
13.10.245 Operation and maintenance.
13.10.320 Prohibited discharges.
13.10.330 General requirements.
13.10.340 Inspections and investigations and illicit discharges.
13.10.100 Purpose.
A surface water utility is necessary to provide for and promote the public health, safety, and welfare by:
A. Establishing a program to comprehensively manage surface water with the intent of reducing flooding, erosion and sedimentation, preventing habitat loss, and enhancing groundwater recharge.
B. Protecting and enhancing the water quality of water courses, water bodies, groundwater, and wetlands in a manner pursuant to and consistent with the Federal Clean Water Act, Department of Ecology’s Western Washington Phase II Municipal Stormwater Permit related to the National Pollutant Discharge Elimination System (NPDES), and Chapter 90.48 RCW, Water Pollution Control.
C. Providing design, construction, and maintenance criteria for permanent and temporary surface water drainage facilities for development and redevelopment activities.
D. This chapter is adopted to protect the public and not for the benefit of any particular individual or class. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.105 Definitions.
The following terms are defined for the purpose of implementing the provisions of this chapter:
“Best management practices” means schedules of activities, restrictions, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of the state.
“Chlorinated” means water that contains more than 10 milligrams per liter chlorine.
“City” means the city of Shoreline.
“Critical areas” means critical areas as defined in SMC 20.20.014 and regulated pursuant to Chapter 20.80 SMC, Critical Areas.
“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-100 as dangerous or extremely hazardous or mixed waste, as further defined under WAC 173-303-040.
“Declaration of covenant” means a legal document between the city and persons holding title to the property requiring the title holder to perform required maintenance and repairs on drainage facilities necessary to meet the city’s specified standards within a reasonable time limit.
“Development” means land disturbing activities, including class IV general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of “redevelopment” shall not be considered new development.
“Director” means the public works director or designee.
“Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.
“Drainage” means collection, conveyance, containment, and/or discharge of surface water and stormwater runoff.
“Drainage facility” means a constructed or engineered feature that collects, conveys, stores, treats, or infiltrates stormwater runoff. “Drainage facility” includes, but is not limited to, a constructed or engineered stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility, infiltration facility, constructed low impact development facility (LID), erosion and sediment control facility and other structure and appurtenance that provides for drainage.
“Emergency” means any natural or human-caused event or set of circumstances that disrupts or threatens to disrupt or endanger the operation, structural integrity or safety of the drainage system; or endangers the health and safety of the public or environment; or otherwise requires immediate action by the utility.
“Emerging technologies” means treatment technologies that have not been evaluated with Department of Ecology-approved protocols, but for which preliminary data indicate that they may provide a necessary function(s) in a stormwater treatment system.
“Hard surface” means an area which either prevents or retards the entry of water into the soil mantle as under natural conditions, an impervious surface, a permeable pavement, or a vegetated roof.
“Illicit connection” means any artificially-created conveyance that is connected to a municipal separate storm sewer without a permit, or that is not intended for collecting and conveying stormwater discharges or the nonstormwater discharges not prohibited pursuant to SMC 13.10.320, excluding roof drains and other similar type connections. Examples of illicit connections include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.
“Illicit discharge” means any discharge to a municipal separate storm sewer that is not composed entirely of stormwater or of the nonstormwater discharges not prohibited pursuant to SMC 13.10.320.
“Impervious surface” means a nonvegetated surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development and causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.
“Land disturbing activity” means an activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. “Land disturbing activities” include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.
“Low impact development best management practices (LID BMP)” means distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use.
“Low impact development (LID)” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.
“Low impact development (LID) principles” means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.
“Municipal separate storm sewer system (MS4)” means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, artificially-created channels, or storm drains):
1. Owned or operated by the state, city, county, or special purpose district having jurisdiction over disposal of wastes, stormwater, or other wastes, or a designated and approved management agency under Section 208 of the CWA that discharges to waters of the United States;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2.
“Natural systems” means channels, swales, and other nonnatural conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist.
“Operation and maintenance plan” means a set of instructions and schedules to keep drainage facilities working to meet the design performance criteria.
“Operational source control BMP” means nonstructural practices that prevent or reduce pollutants from entering stormwater.
“Record drawings” means a submittal documenting as-built conditions of a permitted development or redevelopment project.
“Redevelopment” means, on a site that is already substantially developed (i.e., has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.
“Runoff” means water that travels across the land surface and discharges to water bodies either directly or through a collection and conveyance system.
“Stormwater Manual” means the Stormwater Management Manual for Western Washington, published by the Washington State Department of Ecology. The version in effect is the most recent version that has been approved for city use by the director.
“Source control BMP” means a structure or operation that is 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 BMP” means a physical, structural, or mechanical device, or facilities that are intended to prevent pollutants from entering stormwater or remove pollutants from stormwater.
“Surface water” or “stormwater” means water originating from rainfall and other precipitation that is found on ground surfaces and in drainage facilities, creeks, rivers, streams, springs, seeps, ponds, lakes, wetlands, as well as shallow ground water.
“Waters of the state” includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches, and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington. [Ord. 943 § 1 (Exh. A), 2022; Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.110 Utility created.
A. There is hereby created and established the surface water utility of the city of Shoreline under which the provisions of this chapter shall be carried out.
B. The director is authorized to administer, implement, and enforce the provisions of this chapter. The director may establish inspection programs to ensure compliance with the requirements of this chapter and the Western Washington Phase II Municipal Stormwater Permit (Phase II Permit). [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.120 Revenue and expenditures.
A. Fees, discounts and rebates associated with surface water management are set forth in the surface water management fee schedule in Chapter 3.01 SMC. All fees collected pursuant to this chapter shall be credited and deposited in the surface water utility enterprise fund pursuant to SMC 3.35.080.
B. Fees deposited in the surface water enterprise fund shall be expended for:
1. Administering, operating, maintaining, or improving the surface water system, including all or any part of the cost of planning, designing, acquiring, constructing, repairing, replacing, improving, regulating, educating the public, or operating drainage and stormwater facilities owned by the city;
2. Paying or securing the payment of all or any portion of any debt issued for the purposes set forth in subsection (B)(1) of this section and the related reserve and coverage requirements;
3. Providing a rebate for previous developed properties for the construction of approved low impact development best management practices including rain gardens, native vegetation landscaping, pervious asphalt pavement or porous concrete.
C. Fees shall not be transferred to any other funds of the city except to pay for expenses attributable to the surface water system. [Ord. 768 § 1 (Exh. A), 2016; Ord. 659 § 1, 2013; Ord. 531 § 2 (Exh. 2), 2009]
13.10.200 Adoption of Stormwater Management Manual.
A. The city adopts by reference the Stormwater Management Manual for Western Washington published by Washington State Department of Ecology, henceforth referred to as “Stormwater Manual.” The effective version shall be the most recent version that has been approved for city use by the director. All new development, redevelopment, and other activities which have the potential to impact surface water and stormwater shall comply with the standards set forth in the current effective version of the following unless specifically exempted by the Stormwater Manual:
1. Stormwater Manual;
2. Western Washington Phase II Municipal Stormwater Permit, issued by the Washington Department of Ecology; and
3. City of Shoreline Engineering Development Manual.
B. Low Impact Development. Low impact development techniques shall be employed wherever feasible consistent with the requirements of the Stormwater Manual. When low impact development techniques are employed, the design, construction, and ongoing maintenance shall be consistent with the Stormwater Manual or with techniques approved by the director.
Low impact development principles shall also be employed wherever feasible in planning, site layout, and implementation of development and redevelopment projects. Low impact development principles include management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.
C. Emerging Technologies.
1. The use of emerging technologies is encouraged. Examples of emerging technologies include media filters, catch basin inserts, and engineered erosion control products.
2. The Washington State Department of Ecology’s Technology Assessment Protocol (TAPE) or Chemical Technology Assessment Protocol (CTAPE) should be consulted by project proponents to determine which emerging technologies may be appropriate for use on their project site.
3. The director has the authority to review and approve the use of emerging technologies.
D. Deviations to the standards may be requested pursuant to SMC 20.30.290. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.225 Minimum requirements.
The requirements of this chapter are minimum requirements. They do not replace, repeal or supersede more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements which are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.230 Special drainage areas.
A. The director may designate “special drainage areas” where it has determined that the existing flooding, drainage, and/or erosion conditions present a threat of harm to the welfare or safety of the surrounding community.
B. Activities in special drainage areas shall meet additional drainage requirements that are outlined in the engineering development manual. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.235 Construction inspections.
A. All development and redevelopment that could impact surface water is subject to inspection to assure consistency with the provisions of this chapter.
B. Work for which a permit is required shall be subject to inspection by the director and such work shall remain accessible and exposed for inspection until approved. The city shall not be liable for expenses for the removal or replacement of any material required to allow inspection.
C. The standards of this code shall be enforced regardless of an inspection and approval of work.
D. Reports of approved inspection agencies may be accepted.
E. The permit holder shall notify the city when work is ready for inspection. The planning and development services director, upon notification, shall make the requested inspections and either approve that the portion of the work inspected or notify the permit holder of any portions of work that fail to comply with this code. Any portions that do not comply shall be corrected and shall not be covered until authorized by the director. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.240 Record drawings and certifications.
A. Before final approval of an engineered surface water drainage facility, the owner shall provide a record drawing that delineates the as-built conditions. The director shall review and approve record drawings prior to final approval of the facility. Record drawings shall be prepared in accordance with the engineering development manual and shall be stamped by a civil engineer.
B. The record drawings shall include a certification that all facilities function in accordance with the plans, specifications, hydraulic computations, and design volumes shown on the approved plans or as approved by the director. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.245 Operation and maintenance.
A. Pursuant to the Stormwater Manual, the owner shall prepare an operation and maintenance plan for the constructed surface water drainage facilities. This plan is subject to review and approval by the director.
B. When required, the director shall prepare a declaration of covenant for signature by the owner. A covenant is required for all permanent stormwater facilities installed pursuant to the Stormwater Manual.
C. The owner, at their own expense, shall record the approved operation and maintenance plan and the associated declaration of covenant with King County recorder’s office and provide a copy of the recorded document to the director.
D. The dedication of surface water facilities located within the public right-of-way shall comply with SMC 20.70.140. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.320 Prohibited discharges.
A. Any discharge into a municipal separate storm sewer system (MS4) or waters of the state that is not composed entirely of stormwater, either directly or via an illicit connection, is considered an illicit discharge and is prohibited; provided, that the following discharges are not prohibited:
1. Discharges made pursuant to the Phase II Permit or other current permit issued or approved by the Department of Ecology.
2. Discharges resulting from activities undertaken to avoid or lessen an imminent threat to public health or safety. Such public health or safety activities should minimize prohibited discharges to the maximum extent practicable. The city shall be notified of the occurrence within 24 hours.
3. Discharges not considered a significant source of contamination, as determined by the director, including:
a. Spring water;
b. Diverted stream flows;
c. Uncontaminated water from crawl space pumps, foundation drains, or footing drains;
d. Lawn watering or other activities using collected rainwater;
e. Pumped groundwater flows that are uncontaminated;
f. Materials placed as part of an approved restoration project;
g. Natural uncontaminated surface water or groundwater;
h. Flows from riparian habitats and wetlands;
i. Uncontaminated groundwater that seeps into or otherwise enters surface and groundwaters;
j. Air conditioning condensation.
4. Discharges where no additional pollutants are being discharged from the site above the background conditions of the water entering the site; provided, that any prohibited discharges through illicit connections, dumping, spills, improper maintenance of surface water facilities, or other discharges that allow pollutants to enter surface water or ground water in violation of state water quality standards is considered a violation.
B. Prohibited discharges include, but are not limited to, the following:
1. Domestic or sanitary sewage;
2. Trash or debris;
3. Construction materials;
4. Steam cleaning wastes;
5. Pressure washing wastes;
6. Heated water;
7. Animal carcasses;
8. Domestic animal wastes;
9. Food wastes;
10. Yard wastes;
11. Silt, sediment, or gravel;
12. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil, and heating oil;
13. Soaps, detergents, or ammonia;
14. Chlorinated spa or swimming pool water;
15. Antifreeze and other automotive products;
16. Metals in excess of naturally occurring amounts, in either particulate or dissolved form;
17. Degreasers and/or solvents;
18. Commercial and household cleaning products;
19. Drain cleaners;
20. Chemicals not normally found in uncontaminated water;
21. Flammable or explosive materials;
22. Acids, alkalis, or bases;
23. Painting products;
24. Pesticides, herbicides, or fertilizers;
25. Dyes, with the following exception: Dye testing is allowable but requires verbal notification to the city at least one business day prior to the date of the test; and
26. Any chemical or dangerous waste not listed above.
C. Conditionally allowable discharges, provided that the identified conditions are met:
1. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine 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 discharges shall be minimized by property owners.
3. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. The amount of street and sidewalk wash, building wash, and dust control water used shall be minimized.
5. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the city, which addresses control of such discharges. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.330 General requirements.
A. Requirement to Implement Best Management Practices.
1. Prohibited Discharges. Best management practices (BMPs) as specified in the Stormwater Manual shall be applied to any activity that might result in a prohibited discharge. Examples of activities that may result in prohibited discharges include, but are not limited to, the following:
a. Land disturbing activity;
b. Potable water line flushing;
c. Lawn watering with potable water;
d. Dust control;
e. Vehicle and boat washing;
f. Pavement and building washing;
g. Swimming pool and hot tub maintenance;
h. Auto repair and maintenance;
i. Building repair maintenance;
j. Landscape maintenance;
k. Dangerous waste handling;
l. Solid and food waste handling; and
m. Pesticide application.
2. Source Control of Pollution. Source control BMPs shall be applied to all properties within the city that are engaged in pollution generating activities that have the potential to discharge pollutants into the stormwater drainage system or waters of the state, regardless of whether the property is covered under a separate NPDES permit. Pollutants shall be controlled by implementing appropriate source control BMPs as specified in the Stormwater Manual. Pollutants associated with land uses or activities not addressed in the Stormwater Manual shall be controlled using BMPs reviewed and accepted by the city.
3. If upon inspection of existing BMPs, the director determines that the BMPs are inadequate at controlling prohibited discharges or pollutants, the director may require any person responsible for a property or premises which is, or may be, the source of a prohibited discharge or pollutant to implement, at their own expense, additional operational or structural BMPs/facilities to prevent the further discharge of prohibited stormwater discharges or pollutants.
B. Watercourse Protection. Any person owning property through which surface water or waters of the state passes shall keep and maintain that part of the watercourse within the property free of any activities or items that would pollute or contaminate the flow of water through the watercourse.
C. Notification of Spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation has information of any known or suspected illegal discharge into the surface water, stormwater drainage system, or water of the state, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of 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 nonhazardous materials, said person shall notify the city no later than the next business day. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator 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 after the date of the spill.
D. Declaration of Emergency. The director shall make determination of emergency as defined in this chapter and authorize representatives of the utility or enforcement officers to take necessary abatement action during an emergency situation, to conduct inspections, take remedial action, or to carry out other duties imposed or required by this code subject to the provisions of this chapter. [Ord. 943 § 1 (Exh. A), 2022; Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.340 Inspections and investigations and illicit discharges.
A. The director is authorized to establish inspection programs. Inspection programs may include: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other pollutant or pollutants; inspection of any potential pollution generating source on all public and private properties in the city; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; screening for or tracking illicit discharges or illicit connections; inspecting land uses and potential pollution generating activities to ensure that appropriate source control BMPs are implemented and maintained, and evaluating the condition of drainage control facilities and other BMPs, including those located on private property.
B. Property owners shall allow access, with reasonable notice from the city, to all parts of the premises for the purpose of inspection, sampling, examination, abatement, and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. In an event of emergency, reasonable notice is not required.
C. The director shall have the right to set up necessary equipment to conduct monitoring or sampling of discharge from stormwater facilities.
D. The director has the right to require the property owner to install stormwater facility monitoring equipment as necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition at the property owner’s expense. All devices used to measure stormwater flow and water quality shall be calibrated to ensure their accuracy.
E. Any temporary or permanent obstruction to the facility to be inspected and/or sampled shall be promptly removed by the property owner at the written or oral request of the director. Such obstructions shall not be replaced. The costs of removing obstructions shall be borne by the property owner. [Ord. 943 § 1 (Exh. A), 2022; Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]
13.10.400 Violations.
Any activity or action caused or permitted to exist in violation of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance. Such violations are subject to enforcement under SMC 20.30.720 through 20.30.790.
A. Imminent Nuisance and Summary Abatement. If a violation exists, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for the abatement, shall be given to the person responsible for the property and the violation as soon as reasonably possible after the abatement. The director shall make the determination of a condition, substance, act or other occurrence constituting an imminent nuisance requiring summary abatement. Costs, both direct and indirect, of the abatement may be assessed as provided under SMC 20.30.720 through 20.30.790. [Ord. 768 § 1 (Exh. A), 2016; Ord. 531 § 2 (Exh. 2), 2009]