Chapter 13.30
CONSTRUCTION AND POST-CONSTRUCTION STORM WATER
Sections:
13.30.030 Responsibility for administration.
13.30.040 Ultimate responsibility.
13.30.050 General requirements.
13.30.060 Specific requirements.
13.30.080 Inspection and monitoring.
13.30.090 Operation and maintenance of storm water facilities.
13.30.110 Requirement to prevent, control and reduce storm water pollutants.
13.30.140 Violations, enforcement and penalties.
13.30.170 Adoption by reference.
13.30.010 Purpose.
The purpose of this chapter is to safeguard persons, protect property and prevent damage to the environment caused by storm water runoff from land-disturbing activities, new development, and redevelopment. The chapter seeks to meet that purpose through the following specific objectives:
A. Prevent accelerated soil erosion and control storm water runoff resulting from earth changes both during and after construction through the use of best management practices.
B. Eliminate the need for costly maintenance and repairs to roads, embankments, ditches, streams, wetlands, and storm water control facilities due to inadequate soil erosion and storm water runoff control.
C. Reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution, whenever possible, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.
D. Ensure compliance with the Eastern Washington Phase II municipal storm water permit. (Ord. 10-05 § 4 (App. B), 2010)
13.30.020 Applicability.
A. This chapter shall be applicable to all land-disturbing activities, new subdivisions, and redevelopment projects disturbing greater than or equal to one acre and to projects of less than one acre that are part of a common plan of development or sale.
B. All new and existing storm water structures shall be subject to the requirements of this chapter as well as all enforcement remedies provided in this chapter.
C. Partial exemptions or exceptions may be granted in accordance with the Stormwater Management Manual for Eastern Washington (“SWMMEW”). Jurisdiction-wide exemptions to the requirements in the SWMMEW shall be approved by the Washington State Department of Ecology.
D. The following practices shall be exempted from the requirements of this chapter:
1. Forest practices regulated under WAC Title 222.
2. Commercial agriculture practices involving working the land for production.
3. Oil and gas field activities including construction of drilling sites, waste management pipes, access roads, transportation and treatment infrastructure.
4. Road and parking area preservation and maintenance including:
a. Pothole and square cut patching;
b. Crack sealing;
c. Resurfacing with in-kind material without expanding the road prism;
d. Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or “chip seal”), asphalt or concrete without expanding the area of coverage; shoulder grading;
e. Reshaping or regrading drainage systems;
f. Vegetation maintenance. (Ord. 10-05 § 4 (App. B), 2010)
13.30.030 Responsibility for administration.
Administration, implementation, interpretation and enforcement of this chapter shall be the responsibility of the city engineer or the city engineer’s designated representative. The city engineer may develop such instructions, policies and forms as are necessary to carry out the provisions of this chapter. Any powers granted or duties imposed upon the city may be delegated by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city. (Ord. 10-05 § 4 (App. B), 2010)
13.30.040 Ultimate responsibility.
Any person who undertakes or causes to be undertaken any land development shall ensure that soil erosion, sedimentation and increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution. The standards set forth herein and promulgated in accordance with this chapter are minimum standards and are not intended to ensure compliance by any person or to ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. 10-05 § 4 (App. B), 2010)
13.30.050 General requirements.
All land-disturbing activities, new development and redevelopment unless otherwise exempted shall be required to comply with the standards and requirements set forth by this chapter and the Stormwater Management Manual for Eastern Washington (SWMMEW), as now exists or is hereafter amended, including specified local options approved by the city council.
Projects meeting the regulatory threshold and not qualifying for an erosivity waiver from the Washington State Department of Ecology shall prepare a storm water pollution prevention plan (SWPPP).
The SWMMEW (latest edition), including technical specifications (or approved local equivalent), shall be utilized as the basis for decisions about design, implementation, maintenance and performance of structural and nonstructural post-construction storm water BMPs. The SWMMEW includes a list of acceptable storm water treatment practices, including specific design criteria for each storm water practice. Use of BMPs from other technical storm water manuals approved by Ecology shall be consistent with Douglas County climate, soils, and specific site conditions appropriate for said BMP use may be accepted upon approval of the city engineer. Storm water practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Eastern Washington Phase II municipal storm water permit requirements.
Use of BMPs not designed, constructed and maintained in accordance with the SWMMEW as noted above shall be subject to city and Department of Ecology approval and must be monitored for performance to demonstrate that they meet the minimum water quality performance standards of the Eastern Washington NPDES Phase II municipal storm water permit requirements.
The SWMMEW may be updated and expanded from time to time by the Department of Ecology, based on advancements in technology and engineering, improved knowledge of local conditions, or local monitoring or maintenance experience. (Ord. 10-05 § 4 (App. B), 2010)
13.30.060 Specific requirements.
The following specific requirements apply to all land-disturbing activities, new development and redevelopment unless otherwise exempted. The following core elements shall be implemented in accordance with the SWMMEW:
A. Core Element No. 1: Prepare a Storm Water Site Plan. The SWP shall be implemented beginning with initial soil disturbance and continue until final stabilization.
The SWP shall bear the name(s) and address(es) of the owner(s) or developer(s) of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by associated fees.
The SWP shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the SWP. As required, the plan shall note that a certified erosion and sediment control lead (CESCL) be on-site or on call on all days when construction or grading activity takes place.
B. Core Element No. 2: Construction Storm Water Pollution Prevention. Prepare and maintain a construction storm water pollution prevention plan (SWPPP). The SWPPP shall be implemented beginning with initial soil disturbance and be maintained until final stabilization. Elements of a SWPPP include the following:
1. Preserve vegetation/mark clearing limits;
2. Establish construction entrance;
3. Control flow rates;
4. Install sediment controls;
5. Stabilize soils;
6. Protect slopes;
7. Protect inlets;
8. Stabilize channels and outlets;
9. Control pollutants;
10. Control de-watering;
11. Maintain BMPs;
12. Manage the project.
C. Core Element No. 3: Source Control of Pollution. Apply all known, available and reasonable source control BMPs. Operational and structural source control BMPs shall be selected, designed and maintained according to the SWMMEW.
D. Core Element No. 4: Preservation of Natural Drainage Systems. Preserve natural drainage systems to the extent possible at the site. All outfalls must address energy dissipation as necessary.
E. Core Element No. 5: Runoff Treatment. When the technical thresholds/requirements for basic treatment, metals, treatment, oil treatment or phosphorus treatment are met, the property owners shall select, design, size, construct, operate and maintain storm water quality and flow control facilities for any discharge of storm water to a storm drainage system or into surface water. Methods for runoff treatment are subject to review and approval by the city.
F. Core Element No. 6: Flow Control. Projects that result in 10,000 square feet or more of new impervious surfaces shall construct storm water flow control facilities for any discharge of storm water to a storm water drainage system or into surface water. Methods for flow control are subject to review and approval by the city.
G. Core Element No. 7: Operation and Maintenance. Where structural BMPs are required, property owners shall operate and maintain the facilities in accordance with an approved operation and maintenance plan, prepared in accordance with the Stormwater Management Manual for Eastern Washington. The operation and maintenance plan shall address all storm water facilities and BMPs, and identify the party(ies) responsible for maintenance and operation and the long-term funding mechanism that will support proper maintenance.
H. Core Element No. 8: Local Requirements.
1. Design Standards.
a. Design event: 100-year, 24-hour Type II SCS synthetic rainfall event.
b. Site runoff design: full retention.
c. Treatment flow: six-month short-duration storm.
d. Treatment bypass is required.
2. Additional requirements for all land-disturbing activities:
a. Construction site operators shall control all waste including but not limited to discarded building materials, concrete truck washout, chemicals, litter and sanitary waste at construction sites to prevent storm water pollution and non-storm water discharges.
b. Construction site operators shall implement and maintain erosion and sediment control BMPs to reduce or eliminate storm water pollution. (Ord. 10-05 § 4 (App. B), 2010)
13.30.070 Review.
The city shall review documents required under this chapter and submitted as part of an application of a proposed land-disturbing activity, development or redevelopment project. Required documents must be reviewed and accepted as complete by the city prior to the start of construction. (Ord. 10-05 § 4 (App. B), 2010)
13.30.080 Inspection and monitoring.
All BMPs shall be inspected, maintained, and repaired as needed to assure the continued performance of their intended function. The SWPPP shall identify an inspection and maintenance schedule. Specific BMP inspection and maintenance guidance is contained in the SWMMEW.
The SWPPP shall be retained on-site or within reasonable access to the site. The SWPPP shall be modified whenever there is a significant change in the design, construction or maintenance of any BMP.
The responsible party or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule identified in the approved SWPPP. The purpose of such inspections will be to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form and submitted to the city upon request or as specified in the approved SWPPP. (Ord. 10-05 § 4 (App. B), 2010)
13.30.090 Operation and maintenance of storm water facilities.
A. The property owner(s) shall be responsible for the continual performance, operation and maintenance of all storm water facilities in accordance with the standards and requirements of the city and remain responsible for any liability as a result of these duties.
B. New storm water facilities shall have a written operation and maintenance (O&M) plan. Furthermore, existing facilities may be required to develop a written O&M plan.
1. The O&M plan shall at a minimum address all storm water facilities and BMPs at the site and address the long-term funding mechanism to support O&M.
2. The O&M plan shall be retained on-site or within reasonable access to the site, and shall be transferred with the property to the new owner(s). As such the O&M plan shall be recorded and filed with the county auditor.
3. The property owner(s) shall maintain a log of inspection and maintenance activities, and shall provide a copy of the inspection and maintenance log upon request by the city or other agency with jurisdiction. At a minimum a copy of these records shall be submitted to the city annually.
C. All storm water facilities, BMPs, O&M plans, and records shall be subject to inspection by the city.
D. The city may assume ownership of privately owned residential facilities only if the following conditions have been met:
1. The facility shall be located entirely upon a parcel or tract, which must be transferred to city ownership.
2. All necessary easements or dedications entitling the city to properly access and maintain the facility have been conveyed to the city.
3. The city has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
a. Flooding;
b. Downstream erosion;
c. Property damage due to improper function of the facility;
d. Safety hazard associated with the facility;
e. Degradation of water quality;
f. Degradation to the general welfare of the community.
4. The city has inspected the facility and any construction deficiencies have been repaired at the property owner(s)’ expense prior to the city assuming ownership.
E. The city may, in its sole discretion, decline acceptance of a facility after considering costs associated with maintenance by the city, and the protection of or improvements to the health, safety and welfare of the community based upon review of the existence of, or potential for:
1. Flooding;
2. Downstream erosion;
3. Property damage due to improper function of the facility;
4. Safety hazard associated with the facility;
5. Degradation of water quality;
6. Degradation to the general welfare of the community. (Ord. 10-05 § 4 (App. B), 2010)
13.30.100 Right of entry.
A. Inspection and Sampling. The city may enter and inspect a site subject to regulation under this chapter as often as may be necessary to determine compliance. Inspections may occur before, during and after construction.
1. The city shall have access to all parts of the premises for the purposes of inspection, sampling and examination of discharges to the storm water system, and the performance of any additional duties as defined by state and federal law.
2. The city has the right to set up such devices as are necessary to conduct monitoring and/or sampling of the premises’ storm water discharge.
3. The city has the right to require an owner or occupier of premises to install such sampling and monitoring equipment, as the city deems necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or occupier at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure accuracy.
4. Any temporary or permanent obstruction to safe and easy access to the premises shall be promptly removed by the owner or occupier upon the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be paid by the owner or occupier.
5. Property owner(s) shall upon request provide the city access to all records related to the operation and maintenance of the storm water facilities and BMPs including but not limited to storm water site plans, storm water pollution prevention plans, and operation and maintenance plans and records.
B. Search Warrants. Unless entry is consented to by the owner or person(s) in control of a site or portion of a site or unless conditions are reasonably believed to exist which create imminent hazard, the city shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.
C. Emergency Access. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon private property, without giving prior notice, to take any and all measures necessary to abate the violation. The city shall be entitled to recover all costs of abatement from the owner(s) or occupier. (Ord. 10-05 § 4 (App. B), 2010)
13.30.110 Requirement to prevent, control and reduce storm water pollutants.
The owner(s) or occupier of any activity, operation or facility that may cause or contribute to pollution or contamination of storm water or the storm drainage system shall provide, at the owner’s or occupier’s expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of structural and nonstructural BMPs. Further, any person responsible for property that is, or may be, the source of an illicit discharge may be required to implement, at the person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. (Ord. 10-05 § 4 (App. B), 2010)
13.30.120 Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation has information of any known or suspected release of materials that are resulting or may result in pollutants discharging into storm water, the storm drain system, or waters of the state, the 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, the responsible person shall immediately notify emergency response agencies and the city of the occurrence. In the event of a release of nonhazardous materials, the responsible person shall immediately notify the city. (Ord. 10-05 § 4 (App. B), 2010)
13.30.130 Investigation.
The city shall investigate reports of discharges from construction sites and storm water facilities. The city’s first priority for investigation and resolution are health and safety. Investigation of a violation of this chapter may be initiated by the city upon observation or report of any suspected violation. (Ord. 10-05 § 4 (App. B), 2010)
13.30.140 Violations, enforcement and penalties.
A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements set forth in this chapter. Any person who has violated or continues to violate the requirements of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city may enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement in accordance with EWMC 8.20.120.
B. Enforcement. Enforcement action shall be taken in accordance with the provisions of Chapter 8.20 EWMC.
C. Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, cleanup, or other alternative actions deemed appropriate by the city.
D. Suspension of MS4 Access.
1. Emergency Cease and Desist Orders. When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing the violator to immediately cease and desist all such violations and directing the violator to:
a. Immediately comply with all chapter requirements; and
b. Take such appropriate preventive action as may be needed to properly address a continuing or threatened violation, including immediately halting operations and/or terminating the discharge;
c. Any person notified of an emergency order under this subsection shall immediately comply and stop or eliminate the endangering discharge. In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the city may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
2. Suspension in Emergency Situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
3. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section without the prior approval of the city.
E. Cost of Abatement of the Violation. The owner of the property or person responsible for the violation will be notified of the cost of abatement, including administrative costs. Payment in full shall be due within 30 days and on the thirty-first day interest may be applied at a rate of eight percent per annum. After 90 days, if payment in full has not been received, a lien may be filed on the property and foreclosed as provided in Chapter 35.67 RCW. The director may approve a payment plan of equal payments evenly spaced over no more than 12 months.
F. Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter, including but not limited to sampling and monitoring expenses. (Ord. 10-05 § 4 (App. B), 2010)
13.30.150 Fees.
Application, review and inspections fees for storm water pollution prevention plans and storm water plans shall be established by resolution of the city council. (Ord. 10-05 § 4 (App. B), 2010)
13.30.160 Other regulations.
This chapter is not intended to modify or repeal any other rule, regulation or provision of law. The requirements of this chapter are in addition to the requirements of any other chapter, rule, regulation or other provision of law. Where a conflict arises, whichever provision is more restrictive or imposes greater protection of health, welfare, public safety or the environment shall control. (Ord. 10-05 § 4 (App. B), 2010)
13.30.170 Adoption by reference.
The city of East Wenatchee adopts by this reference the Stormwater Management Manual for Eastern Washington, Department of Ecology Publication Number 04-10-076, dated September 2004, and any amendments. A copy of Stormwater Management Manual for Eastern Washington has been filed with the city clerk. (Ord. 10-05 § 4 (App. B), 2010)
13.30.180 Effective date.
EWMC 13.30.170 shall be effective five days after publication of the ordinance enacting this chapter. All other sections of this chapter shall be effective as of February 16, 2011. (Ord. 10-05 § 4 (App. B), 2010)
13.30.190 Severability.
The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application thereof shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 10-05 § 4 (App. B), 2010)