13.30A.010 Findings.

The board of county commissioners finds and declares that existing stormwater runoff conditions within the unincorporated areas of Clark County constitute a potential hazard to the health, safety and welfare of the lives and property of inhabitants. The board of county commissioners also finds that the streams, rivers, lakes, waterways and functionally related natural and manmade stormwater control facilities constitute a stormwater control facility. In order to effectively regulate and control storm and surface waters within unincorporated Clark County, an ordinance must be implemented under Chapter 36.89 RCW, and Article 11, Section 11 of the Washington State Constitution, to provide the financing and governance necessary for control and regulation of required stormwater activities. The State of Washington Department of Ecology issued Clark County a National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge permit. Under the terms and conditions of the permit, Clark County is required to fund and undertake a large number of activities. These activities are described in the Stormwater Management Program (“SWMP”) dated September 30, 1998, which was approved as revised by the Department of Ecology. The county has funded and undertaken stormwater related activities described in the SWMP as “current activities” without a storm and surface water service charge in the unincorporated areas of the county. Implementing the regulations and additional proposed activities identified in the SWMP shall provide regulation of and protection from stormwater runoff in the unincorporated areas of the county. To fund this work, it is necessary to adopt service charges in the unincorporated area of the county with rates varying according to the services furnished, the benefits received; and the character, use and stormwater runoff characteristics of the land. (Sec. 3 of Ord. 1999-11-09)