Chapter 14.10 STORMWATER MANAGEMENT

A. The city of Enumclaw is regulated under the National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II municipal stormwater permit, hereafter referred to as the stormwater permit, which is issued and administered by the Washington State Department of Ecology (“Ecology”). As required by the stormwater permit, the city has adopted Ecology’s 2019 Stormwater Management Manual for Western Washington, hereafter referred to as the stormwater manual. All public and private stormwater facilities shall be designed, constructed, operated and maintained in conformance with said manual and as determined by the city engineer.

B. The city has adopted the definitions, minimum requirements, exceptions, and adjustment and variance criteria found in Appendix I of the stormwater permit and in the stormwater manual adopted in subsection A of this section, except that the city does not adopt the erosivity waiver procedures.

C. Where differences exist between the stormwater manual and the stormwater permit, the stormwater permit shall apply.

D. Low impact development (LID) BMPs shall be designed, constructed, operated and maintained in accordance with the current version of the Low Impact Development Technical Guidance Manual for Puget Sound published by the Washington State University Extension and Puget Sound Partnership, and in accordance with current criteria accepted by the Washington State Department of Ecology (“Ecology”). (Ord. 2736 § 1 (Exh, A), 2022; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.015 Definitions.

A. See EMC 14.10.010(A), (B) and (C).

B. Supplemental Definitions.

“CFR” means Code of Federal Regulations.

“Director” means the city of Enumclaw public works director or designee.

“LID manual” means the current Low Impact Development Technical Guidance Manual for Puget Sound published by the Puget Sound Partnership/Puget Sound Action Team.

“NPDES Phase II permit” means the Western Washington Phase II municipal stormwater permit issued by Ecology in accordance with the National Pollution Discharge Elimination System as promulgated under the Clean Water Act.

“Permitted discharges” means the discharges allowed in EMC 14.10.095(B) into any public or private stormwater facilities that discharge to waters of the state.

“Public” means owned by the city of Enumclaw.

“Stormwater drainage system” or “stormwater system” means constructed and natural features which function together as a system in or through which stormwater is collected, channeled, conveyed, held, inhibited, retained, detained, infiltrated, diverted, treated, filtered, or is returned to the atmosphere through evapotranspiration.

“Stormwater facility” means a constructed component of a stormwater system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, underdrain systems, dispersion systems, temporary erosion and sediment control (TESC) BMPs, and water quality treatment and water quantity control BMPs. Stormwater facilities also include LID facilities such as bioinfiltration swales, pervious pavement systems, pervious sidewalks, rain gardens, and engineered systems using biofiltration to provide water quality or water quantity control.

“Stormwater manual” means the manual adopted in EMC 14.10.010.

“Stormwater pollution prevention plan (SWPPP)” means a narrative and drawing(s) that explain and justify the stormwater pollution prevention decisions made for a particular project. The narrative contains concise information concerning existing site conditions, construction schedules, and other pertinent items that are not contained on the drawings. The drawings and notes describe where and when the various BMPs should be installed, the performance the BMPs are expected to achieve, and actions to be taken if the performance goals are not achieved. A SWPPP is one element of a stormwater site plan. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2343 § 1, 2007; Ord. 1621 § 1, 1989; Ord. 1608 § 2, 1989. Formerly 14.10.010).

14.10.020 Stormwater site plan required.

A stormwater site plan, as determined by the minimum requirements in the stormwater manual adopted in EMC 14.10.010, shall be submitted with applications for the following:

A. Short plats;

B. Subdivisions;

C. Planned unit developments;

D. New development, redevelopment, or land disturbing projects that exceed the thresholds in the stormwater manual adopted in EMC 14.10.010.

Refer to the stormwater manual for guidance on preparing a stormwater site plan. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 3, 1989).

14.10.025 Low impact development (LID).

A. Low impact development (LID) is a stormwater 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.

B. Purpose. In order to minimize flooding and water quality impairment from stormwater runoff and to comply with the stormwater permit, new development and redevelopment projects shall incorporate LID best management practices (BMPs) and principles where feasible to reduce impervious surfaces, preserve native and/or existing vegetation, and integrate site planning, construction sequencing and other distributed stormwater BMPs into project designs and construction activities.

C. Guidance and Resources. The stormwater manual adopted in EMC 14.10.010 and the current Low Impact Development Technical Guidance Manual for Puget Sound provide minimum LID guidance for development and new development projects. Additional measures may be required as determined by the city engineer and/or the community development director. (Ord. 2607 § 1 (Exh. A), 2017).

14.10.030 Protection of system.

A. Facilities Damage Prohibited. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any public stormwater facility.

B. Trespassing Prohibited. It is unlawful for any person to trespass or be upon the lands and premises of the city that are posted as no trespassing and/or enclosed by fences, unless duly authorized by the city.

C. Inspection and Compliance with Stormwater Requirements. Duly authorized personnel of the city shall have free access to private property in accordance with EMC 14.10.200 during regular business hours and anytime during an emergency for the purpose of inspecting private stormwater facilities, implementation of source control BMPs, the manner in which they are being used and the satisfactory compliance with the provisions of this chapter.

D. Cross-Connections Prohibited. The installation or maintenance of any cross-connection, pertaining to the connection of any sanitary sewer system to any stormwater facility, is prohibited. Any such cross-connections now existing or hereafter installed are illicit connections as stated in EMC 14.10.095 and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, the property owner is subject to civil penalties as stated in EMC 14.10.300, and the city shall have the authority to abate such connection(s) and collect from the property owner all reasonable costs. Any delinquent payments shall constitute a lien.

E. Trees or Shrubs Obstructing Storm Sewers Prohibited. It is unlawful to plant or maintain any tree or shrub whose roots are likely to obstruct or damage public or private stormwater facilities.

F. Water Quality. It is unlawful for any individual, firm or corporation to discharge into the public stormwater system directly or indirectly any prohibited discharges identified in EMC 14.10.095.

G. Easements. All public stormwater facilities shall be located within a recorded public stormwater easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to said stormwater facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city engineer. (Ord. 2737 § 1 (Exh. A), 2022; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 4, 1989).

14.10.040 Connections.

A. Required Connections. All non-single-family residential building permits that entail 5,000 or more square feet of development coverage within the property shall be subject to a mandatory connection to a public stormwater system whenever an existing public system is available adjacent to the site or where the public system is required to be constructed adjacent to the property as a condition of development.

B. Existing Nonconforming Connections. Properties that utilize existing nonconforming stormwater connections and apply for a building permit to make an addition, alteration or repairs of greater than 50 percent of the assessed valuation of such structure or the monetary amount referenced in EMC 12.18.010, whichever is lower, shall be required to bring such structure and property into conformance with current city stormwater standards and regulations.

C. Properties that utilize existing nonconforming stormwater connections and apply for a building permit to make wholly interior improvements within the existing structure shall not be required to bring such structure and property into conformance with current city stormwater standards and regulations. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 5, 1989).

14.10.050 Connection procedures.

A. Permits Required. It is unlawful for any person(s) to construct a private stormwater system and connect to a public stormwater system without first having plans approved by the city engineer or designee and obtaining a right-of-way construction permit from the city.

B. No Repair without Permits. It is unlawful for any person to repair or replace a public stormwater facility(ies) without first obtaining a right-of-way construction permit to do so from the city, unless such repair or replacement constitutes an emergency. Emergency repairs shall be reported to the city public works department no later than 24 hours after commencing such repair and may require emergency justification and/or as-built documentation as determined by the city engineer.

C. Permits for Additional Work. When a permit has been issued for a private stormwater system as provided by this chapter, no additional work shall be undertaken outside the original scope of work without a new permit being issued covering all such additional work.

D. Inspection Notice. Any person performing work under any permit pursuant to the provisions of this chapter shall notify the city’s agents as listed on the permit when the work will be ready for inspection, a minimum of 24 hours prior to covering, and shall specify in such notice the location of the premises.

E. Inspection and Approval. If the city, upon inspection of the project, finds that the work or material used is not in accordance with the provisions of this chapter, the city shall notify both the person performing the work and the owner of the premises in accordance with EMC 14.10.250. Such notice shall state the defects of the work and/or material found in the inspection. A copy of such notice shall be kept on file in the office of community development.

F. Upon the satisfactory completion of work, as designated on the permit in conformance with the provisions of this chapter, the city shall sign off the permit. A copy of such permit shall remain on file with the city as a permanent record.

G. Restoration of Public Property. All streets, sidewalks, alleys, parkways, stormwater facilities, public utilities and other public property disturbed in the course of private or public construction shall be restored or replaced in a manner satisfactory to the city engineer or designee.

H. Work in City Right-of-Way. All work within the limits of any street right-of-way or any public easement shall be brought to completion with due diligence. If an excavation is left open beyond a reasonable length of time as determined by the city engineer, the city shall cause the same to be backfilled and restored forthwith.

I. Any costs incurred by the city in backfilling and/or restoring said excavation will be charged to the property owner and/or developer. Delinquent payments shall constitute a lien as to the property where work was performed at the option of the city.

J. All contractors performing work within any existing street right-of-way or any public easement shall have a valid right-of-way construction permit covering the work per requirements of Chapter 12.18 EMC.

K. Excavation Protection. All excavations for stormwater facility installation shall be safeguarded with appropriate signage, lights, barricades and other devices and/or practices as warranted by excavation activities according to adopted city standards so the same will not be a menace to public safety. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 6, 1989).

14.10.060 Stormwater extensions.

A. A land disturbing activity permit is required for the construction of stormwater extensions and facilities on private property unless covered by another permit or waived by the city engineer; see Chapter 16.24 EMC, Land Disturbing Activity.

B. Minimum Facility Size. All public stormwater pipe to be installed within the service area of the city’s stormwater utility boundaries shall have a minimum diameter of eight inches. Public stormwater stubs that connect to private stormwater pipe shall have a minimum diameter of six inches. All private stormwater pipe to be installed within said boundaries shall have a minimum diameter of six inches. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 2343 § 2, 2007; Ord. 1608 § 8, 1989. Formerly 14.10.070).

14.10.070 Fees.

A. System Inspection Permit Fees. Fees, as determined in the land disturbing activity permit, shall cover inspection costs associated with the installation of any private stormwater facility(ies). The inspection cost of the connection thereof to the public stormwater system shall be covered by a right-of-way construction permit. In the event multiple inspections are required due to nonconforming work, additional inspection fees may be levied as determined by the city engineer.

B. Said fee shall be adopted by resolution and amended from time to time. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 7, 1989. Formerly 14.10.060).

14.10.075 Access requirements.

All proposed stormwater facilities shall comply with current OSHA standards for signing and access for inspection and maintenance. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.080 As-built requirements.

A. Private System As-Builts. Prior to the city approving a private stormwater facility(ies) for operation that was constructed under city-approved stormwater plan(s), the developer shall provide, by a registered professional civil engineer, certified as-builts.

B. Public System As-Builts. Prior to accepting a public stormwater facility(ies), the developer shall provide, by a registered professional civil engineer, certified as-builts. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 9, 1989).

14.10.090 Maintenance responsibility – Public facilities.

A. Public Maintenance Responsibility. The city is responsible for the maintenance and operation of all public stormwater facilities located within public right-of-way, public easements, or city-owned property following the completion of a successful maintenance period and the acceptance of such facilities by the city. Owners of private facilities and drainage district facilities that connect to public facilities shall inform the city of any known, apparent problems in public stormwater facilities. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 10, 1989).

14.10.092 Maintenance responsibility – Private facilities.

A. Private Maintenance Responsibility. The proper maintenance and operation of private, permanent or temporary stormwater facilities shall be the responsibility of the property owner throughout all construction and development phases. The city shall inspect stormwater facilities to ensure continued use of such facilities for the purposes for which they were constructed. Failure to properly maintain stormwater facilities, as determined by the city engineer, shall be cause for a written request to maintain the stormwater facilities. If, after 30 days, no effective remedial measures are taken by the property owner, the city may initiate legal action against the property owner.

B. Maintenance Required. All stormwater facilities shall be maintained in accordance with this chapter and the manuals and standards referenced in EMC 14.10.010.

C. Minimum Standards. The following are the minimum standards for the maintenance of stormwater facilities:

1. Facilities shall be inspected and cleared of debris, sediment and vegetation and/or necessary repairs are performed when the functionality and/or design capacity of the facility is impacted.

2. When improper or lack of maintenance causes or contributes to a water quality problem, the property owner(s) shall take action to correct the problem as directed by the city engineer or designee. The city engineer or designee shall conduct a follow up inspection(s) of the facility to assure that the water quality issues are resolved and that such facility is being properly maintained.

D. 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, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and, where appropriate, the dangerous waste regulations, Chapter 173-303 WAC.

E. Compliance. Property owners are responsible for the maintenance, operation and repair of stormwater facilities. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this chapter and the manuals and standards referenced in EMC 14.10.010.

F. Records and Maintenance Manual. Property owners of new or redevelopment projects subject to Minimum Requirement No. 9, Operations and Maintenance, are required to have on site or within reasonable access to the site a copy of the approved operation and maintenance manual for private stormwater facilities that is consistent with the provisions of the stormwater manual referenced in EMC 14.10.010. The operation and maintenance manual shall identify and locate all private facilities on the site and provide the name(s) and contact information for the party (or parties) responsible for the operation and maintenance of such facilities. The property owner shall keep a log of maintenance activities that includes all actions taken and the date such actions were taken; the log shall be made available for inspection as requested by the city. Commercial water quality BMPs shall also have an operation and maintenance manual and a complete maintenance schedule on site or within reasonable access to the site. Commercial water quality BMPs shall be inspected and maintained in accordance with the manufacturer’s operation and maintenance manuals unless reasonable justification is provided to the city that the performance of the unit can be maintained at different intervals than required by the manufacturer. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.095 Illicit discharge.

A. Prohibited Discharges.

1. It is unlawful for any person to discharge any contaminants into surface water, stormwater and/or ground water. Contaminants include, but are not limited to, the following:

a. Trash or debris;

b. Construction materials;

c. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil;

d. Anti-freeze and other automotive products;

e. Metals in either particulate or dissolved form;

f. Flammable or explosive materials;

g. Radioactive material;

h. Batteries;

i. Acids, alkalis, or bases;

j. Paints, stains, resins, lacquers or varnishes;

k. Degreasers and solvents;

l. Drain cleaners;

m. Pesticides, herbicides or fertilizers;

n. Steam cleaning wastes;

o. Soaps, detergents or ammonia;

p. Swimming pool backwash;

q. Chlorine, bromine and other disinfectants;

r. Heated water;

s. Animal wastes (see Chapter 7.10 EMC for requirements for keeping livestock and poultry and allowed waste disposal methods);

t. Sewage;

u. Recreational vehicle waste;

v. Animal carcasses;

w. Food wastes;

x. Bark and other fibrous materials;

y. Collected lawn clippings, leaves, or branches;

z. Silt, sediment, or gravel;

aa. Dyes, except as stated in subsection (C)(1) of this section;

ab. Chemicals not normally found in uncontaminated water;

ac. Any hazardous material or waste not listed above;

ad. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water that are not dechlorinated to the limits identified herein. 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 receiving stormwater facility;

ae. Discharges from lawn watering and other irrigation runoff that are not minimized;

af. Swimming pool discharges that are not dechlorinated to the limits identified herein. The discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenated, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the receiving stormwater facility. Swimming pool cleaning wastewater and filter backwash shall be discharged to the city sanitary sewer system;

ag. Street and sidewalk wash water, water used to control dust, and routine external building wash water;

ah. Nonstormwater discharges covered by another NPDES permit unless the permittee is in full compliance with all permit requirements, waiver or order and other applicable laws and regulations, and that written approval by the city engineer has been granted for the discharge into the city’s stormwater system;

ai. Other nonstormwater discharges. The discharges shall be in compliance with the stormwater manual adopted in EMC 14.10.010.

2. Illicit Connections. Any connection identified by the city engineer that could convey anything not composed entirely of surface water and/or stormwater directly to surface water, stormwater and/or ground water is considered an illicit connection and is prohibited with the following exceptions: connections conveying allowable discharges, connections conveying discharges pursuant to an NPDES permit (other than an NPDES stormwater permit) or a state waste discharge permit, and connections conveying effluent from on-site sewage disposal systems to subsurface soils.

B. Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the city engineer or designee determines that the type of discharge, whether singly or in combination with other discharges, is causing significant contamination of surface and stormwater or ground water:

1. Diverted stream flows;

2. Rising ground waters;

3. Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(b)(20));

4. Uncontaminated pumped ground water;

5. Foundation drains;

6. Air conditioning condensation;

7. Irrigation water from agricultural sources that is commingled with urban stormwater;

8. Springs;

9. Uncontaminated water from crawl space pumps;

10. Footing drains;

11. Flows from riparian habitats and wetlands;

12. Nonstormwater discharges covered by another NPDES permit or state waste discharge permit;

13. Discharges from emergency fire fighting activities in accordance with Section S2 of the NPDES Phase II permit.

C. Exceptions.

1. Dye testing is allowed and requires verbal notification to the public works department at least one business day (24 hours) prior to the date of test.

2. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, in order to avoid an imminent threat to public health or safety, shall be exempt from this section. The director may specify actions that qualify for this exception in city procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.098 Source control.

A. Source Control Required. All pollution generating sources associated with existing land uses and activities, as defined in Appendix 8 of the NPDES Phase II permit, must implement applicable operational source control BMPs as specified in the stormwater manual in order to prevent pollutants from entering the city’s stormwater drainage system. Should applicable operational source control BMPs fail to prevent illicit discharges or allow violations of surface, groundwater, or sediment management standards, applicable structural source control BMPs or applicable treatment BMPs shall be implemented. In cases where the stormwater manual lacks guidance for a specific source of pollutants, the city shall work with the owner/operator to implement or adapt BMPs based on the best professional judgment of the city engineer or designee.

B. The city may identify additional pollution generating sources to those defined in Appendix 8 of the NPDES Phase II permit if required by the stormwater permit or deemed appropriate by the city engineer or designee. (Ord. 2737 § 1 (Exh. A), 2022).

14.10.100 Violation.

Any individual or corporation who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.08 EMC and EMC 14.10.300. (Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010; Ord. 1608 § 11, 1989).

14.10.150 Right of entry.

The city engineer or designee is authorized to enter upon property or premises at any reasonable time to determine whether a civil violation has occurred or is occurring, or to enforce any provision of the Enumclaw Municipal Code or any city regulation, violation of which is a civil violation under this chapter. The director may make examinations, surveys, and studies as may be necessary in the performance of his or her duties. These may include the taking of photographs, digital images, videotapes, video images, audio recordings, samples, or other physical evidence. If the premises is occupied, the city engineer or designee shall first present credentials and request entry. If an owner, occupant, or agent refuses entry, the city may seek an administrative or criminal search warrant. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.200 Inspection of private property and stormwater facilities for maintenance, illicit discharge program or source control program.

A. Under the illicit discharge detection and elimination program and source control program developed by the city as required by the NPDES Phase II permit, the city engineer or designee is authorized to inspect private property and stormwater facilities. Inspections will be made by the city engineer or designee whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed through illicit connection, illicit discharge, failure to implement required source control BMPs or other means.

B. Inspection. Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the city engineer or designee is authorized to inspect during regular working hours and at other reasonable times all public or private properties and stormwater facilities within the city to determine compliance with the provisions of this chapter.

C. Procedures. Prior to making any inspections, the city engineer or designee 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 city engineer or designee 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 city engineer or designee 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 facilities or source control BMPs, or lack thereof, creates an imminent hazard to persons, property, or the environment the city engineer or designee may enter.

3. The city engineer or designee may inspect the stormwater facilities, source control BMPs, or lack thereof without consent, if:

a. The inspection can be conducted while remaining on public property or other property on which permission to enter is obtained; or

b. A warrant has been lawfully issued.

D. Inspection Schedule. The city engineer or designee shall establish a master inspection and maintenance schedule to inspect appropriate properties and stormwater facilities that are not owned by the city. Critical stormwater facilities or properties with significant pollution generating sources may require a more frequent inspection schedule.

E. 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.

4. Engineering reports, as appropriate.

F. Enforcement. Violations of the provisions of this chapter shall be corrected in accordance with the provisions of EMC 14.10.250 and 14.10.255.

G. Penalties. Penalties for not complying with illicit connection or illicit discharge enforcement actions shall be assessed in accordance with the provisions of EMC 14.10.300. (Ord. 2737 § 1 (Exh. A), 2022; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.250 Enforcement of violations regarding new construction.

A. General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter regarding construction of new stormwater facilities. The choice of enforcement action 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 person subject to the enforcement action.

B. Stop Work Order. The director or designee shall have the authority to issue a stop work order if an action or condition violates this chapter. If a portion of a project violates this chapter, the director or designee may issue a stop work order for the entire project.

1. Content of Order. The order shall contain:

a. A description of the specific nature, extent, and time of violation and the damage or potential damage; and

b. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under EMC 14.10.300 may be issued with the order.

2. Notice. A stop work order shall be imposed by a written notice delivered by electronic correspondence to the email address(es) provided on the permit, by U.S. Postal Service to the mailing address provided on the permit, or by personal service to the person incurring the same.

3. Effective Date. The stop work order issued under this section shall become effective immediately upon delivery to the person to whom the order is directed or a representative of such person.

4. Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.

C. Phased Construction. Stormwater facilities that are constructed as part of a stormwater site plan shall be maintained and operated in accordance with the manuals adopted in EMC 14.10.010 throughout the entire construction period regardless of the construction phasing. Should unplanned construction phasing occur and/or the length of the construction period increase, the stormwater site plan shall be amended and additional stormwater facilities be constructed to the satisfaction of the city. The project shall be subject to additional permit fees as determined by the city. Violations shall be subject to penalties established in EMC 14.10.300. The permit applicant is responsible for conforming with the aforementioned provisions. The property owner is ultimately responsible for conforming with the provisions in the event the permit applicant fails or is unable to do so. (Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.255 Enforcement of violations of maintenance and operations or illicit discharges and connections or inadequate source control BMPs.

A. General. Enforcement action shall be taken whenever a person has violated any provision of this chapter. The 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 person(s) subject to the enforcement action.

B. Voluntary Compliance Agreement.

1. Initiation. The director or designee may initiate negotiations for a voluntary compliance agreement at any time. The director or designee has no obligation to enter into any voluntary compliance agreement.

2. Contents. A voluntary compliance agreement shall set forth actions to be taken by the responsible party(ies) that will correct past or existing violations of this chapter. It may also set forth actions to mitigate the impacts of violations. The voluntary compliance agreement shall set forth a schedule for completion of the corrective and/or mitigating actions. It shall contain a provision allowing the director or designee to inspect the premises to determine compliance with the agreement.

3. Effect of Agreement.

a. A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by any other party. All voluntary compliance agreements shall provide that the responsible party agrees the city may perform the actions set forth in the agreement if the responsible party fails to do so according to the terms and schedule of the agreement, and the responsible party will pay the costs, expenses and damages the city incurs in performing the actions. By entering into a voluntary compliance agreement, a responsible party waives the right to an administrative appeal of the violation.

b. Penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary compliance agreement. If the responsible party fails to perform according to the terms and schedule of the voluntary compliance agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.

4. Modification. The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the responsible party(ies) and the director or designee if circumstances or conditions are outside the responsible party’s control, or unknown at the time the agreement was made, or other just cause necessitates such modifications.

C. Orders. In the absence of a voluntary compliance agreement, the director or designee shall have the authority to issue to an owner or representative an order to maintain or repair a component of a stormwater facility or implement appropriate source control BMPs to bring the property or facility into compliance with this chapter, city regulations, and the manuals referenced in EMC 14.10.010. The order shall include:

1. A description of the specific nature, extent, date, 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.

D. If the voluntary compliance agreement or enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater system, or implement appropriate source control BMPs. If at any time the city determines that the existing property or system creates any imminent threat to human health, welfare, or the environment the city may take immediate measures to remedy said threat. No notice to the owner of the facility shall be required under such circumstances.

E. Sites within the jurisdiction of the city that have an NDPES permit from the Washington State Department of Ecology are subject to city inspection in accordance with the provisions of this chapter. Unless otherwise allowed by the NPDES permit, violations of this chapter shall be addressed as described in this chapter. Any observed violations of the NPDES permit will be referred to the Washington State Department of Ecology.

F. The owner of the property or facility shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility or implementation of source control BMPs. Such responsibility shall include reimbursement to city within 30 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by city will be borne by the parties responsible for said reimbursements.

G. In the event the owner of the property fails to pay the city within 30 days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. A lien specifying the expenses incurred and giving a legal description of the premises sought to be charged shall be filed with the county auditor within 90 days from the date of the completion of the work. The same may at any time thereafter be collected in the manner provided for foreclosure of mechanics’ liens under the laws of the state of Washington. (Ord. 2737 § 1 (Exh. A), 2022; Ord. 2607 § 1 (Exh. A), 2017; Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.300 Penalty.

A. Civil Penalty. A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval or order issued, who undertakes new development without first obtaining city approval, or who fails to comply with a stop work order issued under these regulations shall be subject to a civil penalty.

1. Amount of Penalty. Violations of this chapter shall be subject to fines and penalties for misdemeanors as established in EMC 9.00.030. Any violation of this chapter shall be deemed a misdemeanor. Each day of continued violation or repeated violation shall constitute a separate violation.

2. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

3. Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same from the city. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time.

4. Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the city for remission or mitigation of such penalty. Upon receipt of the application, the city may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The decision may be appealed to the superior court of King County within 10 days of the decision.

B. Penalties Due. Penalties imposed under this section shall become due and payable 10 days after receiving it unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the city is not paid within the time specified, the city may take actions necessary to recover such penalty.

C. Penalty Recovered. A portion of funds obtained by criminal prosecutions in city court shall be paid to the state. The city’s portion of funds obtained by criminal prosecutions shall be placed in the city’s general fund.

D. Penalties for illicit connections or illicit discharges shall be imposed as set forth in Chapter 1.08 EMC.

E. Triple Penalties. Penalties may be trebled for:

1. A repeat violation, which means an additional violation of a requirement of this chapter for which the responsible party has previously received a notice of violation and failed to correct the violation by the compliance date;

2. A violation resulting in physical harm to persons or to private or public property;

3. A knowing or deliberate violation;

4. A violation resulting from gross negligence or reckless conduct. (Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

14.10.400 Exceptions.

A. Board of Appeals. After a public hearing, the city council may grant an exception from the requirements of this chapter. In granting any exception, the city council may prescribe conditions that are deemed necessary or desirable for the public interest.

B. Findings of Fact. Exceptions to the minimum requirements defined in EMC 14.10.015 may be granted prior to permit issuance and before construction commences. An exception may be granted following a public hearing; provided, that a written finding of fact is prepared that addresses the following:

1. The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;

2. That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the parcel of land in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;

3. That the granting of the exception will not be detrimental to the public health and welfare, nor injurious to other properties in the vicinity and/or downstream, and to the quality of waters of the state;

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

5. The applicant addresses all required elements in Appendix I Section 6 of the NPDES Phase II permit to the satisfaction of the director or his/her designee.

C. Prior Approval. Any exception shall be approved by the director or designee prior to permit issuance and before construction commences.

D. Duration of Exception. Exceptions granted shall be valid for two years, unless granted for a shorter period.

E. Right of Appeal. All actions of the city council shall be final and conclusive, unless within 10 days of the date of the city council’s action, the original applicant or an adverse party gives written notice of appeal to the superior court of King County for review of the action. (Ord. 2604 § 1 (Exh. A), 2017; Ord. 2461 § 1 (Exh. A), 2010).

Article II. Stormwater Utility

14.10.500 Title – Effective date.

Effective December 11, 2017, a stormwater utility shall be established for the city of Enumclaw. (Ord. 2624, 2017).

14.10.510 Findings.

The city of Enumclaw finds, determines, and declares that the stormwater system which provides for the collection, treatment, storage, and disposal of stormwater provides benefits and services to all property within the incorporated city limits. Such benefits include, but are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment, and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff; improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality in the stormwater and surface water system and its receiving waters. (Ord. 2624, 2017).

14.10.520 Purpose and authority.

For those purposes of the Federal Clean Water Act and pursuant to authority set forth in Chapters 35A.11, 35.67, and 35.92 RCW, there is created a stormwater utility which shall consist of a separate fund account and such staff as the city council shall authorize. The stormwater utility, under the control of the city council, shall:

A. Administer the acquisition, design, construction, maintenance, and operation of the stormwater utility system, including capital improvements designated in the capital improvement program;

B. Administer and enforce this article and all regulations and procedures adopted relating to the design, construction, maintenance, operation, and alteration of the utility stormwater system, including, but not limited to, the quantity, quality, and/or velocity of the stormwater conveyed thereby;

C. Advise the city council and other city departments on matters relating to the utility;

D. Review plans and approve or deny, inspect and accept extensions and connections to the system;

E. Enforce regulations to protect and maintain water quality and quantity within the system in compliance with water quality standards established by state, regional, and/or federal agencies as now adopted or hereafter amended;

F. Annually analyze the cost of services and benefits provided, and the system and structure of fees, charges, civil penalties and other revenues of the utility;

G. Perform such other actions as are consistent with the Federal Clean Water Act and Chapters 35A.11, 35.67, and 35.92 RCW. (Ord. 2624, 2017).

14.10.530 Funding for the stormwater utility’s activities.

Funding for the stormwater utility’s activities may include, but not be limited to, the following:

A. Stormwater user fees.

B. Civil penalties and damage assessments imposed for or arising from the violation of the city’s stormwater management ordinance.

C. Stormwater permit and inspection fees.

D. Other funds or income obtained from federal, state, local, and private grants, or loans.

To the extent that the stormwater utility fees collected are insufficient to construct needed stormwater drainage facilities, the cost of the same may be paid from such city funds as may be determined by the city council. (Ord. 2624, 2017).

14.10.540 Revenues generated – Stormwater fund 450.

All revenues generated by or on behalf of the stormwater utility shall be deposited in a stormwater utility fund and used exclusively for the stormwater utility. For the purpose set forth in the ordinance codified in this article, fund 450 is hereby established. (Ord. 2624, 2017).

14.10.550 Stormwater utility operating and capital improvement budget.

The city council shall adopt an operating and capital improvement budget for the stormwater utility each fiscal year. The budget shall set forth the estimated revenues and the estimated costs for operations and maintenance, extension and replacement and debt service. (Ord. 2624, 2017).

14.10.560 Equivalent service unit (ESU).

A. Establishment. There is established for purposes of calculating the stormwater user’s fee the equivalent service unit (ESU).

B. Single-Family ESU. The average square footage of impervious surface of a detached single-family residential property, which shall be 3,200 square feet.

C. Nonresidential ESU. Three thousand two hundred square feet of impervious surface for all property other than that developed as single-family detached residential.

D. Setting the ESU. The fee or rate per ESU shall be set by the city council from time to time by ordinance or resolution.

E. Source of ESU. The public works director or his designee shall have the discretion to determine the source of the data from which the ESU is established, taking into consideration the general acceptance and use of such source on the part of other stormwater systems, and the reliability and general accuracy of the source. The public works director or his designee shall have the discretion to determine the impervious surface area of other developed property through property tax assessor’s rolls or site examination, mapping information, aerial photographs, and other reliable information. (Ord. 2624, 2017).

14.10.570 Property classification for stormwater user’s fee.

A. Property Classifications. For purposes of determining the stormwater user’s fee, all properties in the city are classified into one of the following classes:

1. Single-family detached residential property.

2. Other developed property.

B. Single-Family Residential Fee. The city council finds that the intensity of development of most parcels of real property in the city classified as single-family residential, single-family residential with one accessory living unit, or duplex are similar, and that it would be excessively and unnecessarily expensive to determine precisely the square footage of the improvements (such as buildings, structures, and other impervious areas) on each such parcel. Therefore, all single-family residential, single-family residential with one accessory living unit, or duplex properties in the city shall be one ESU (3,200 square feet of impervious surface) regardless of the size of the parcel or the improvements.

C. Other Developed Property Fee. The fee for all other developed property (i.e., non-single-family detached residential property) in the city shall be the base rate multiplied by the numerical factor obtained by dividing the total impervious area (square feet) of the property by one ESU. The impervious surface area for other developed property is the square footage for the buildings and other improvements on the property. One ESU shall be 3,200 square feet of impervious surface. The minimum stormwater management fee for other developed property shall equal the rate for one ESU. (Ord. 2624, 2017).

14.10.580 Stormwater fees and rates by resolution.

The city council shall adopt stormwater fees and rates by resolution. Said fees and rates shall be effective September 1, 2018, and may be combined in a resolution stating the fees and rates for water, sewer, and garbage. Stormwater fees and rates shall be reviewed during the budget process or at other times as determined by the city council. (Ord. 2624, 2017).

14.10.590 Discounts for stormwater rates.

The city may offer discounts for stormwater rates in the same manner and under the same conditions as are offered for other utilities pursuant to EMC 14.90.040. (Ord. 2624, 2017).

14.10.600 Severability.

If any section, subsection, sentence, clause, phrase, or word of this article should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this article. (Ord. 2624, 2017).