Chapter 14.56
SURFACE WATER SYSTEM
Sections:
14.56.020 Powers of the director.
14.56.030 Policy for natural waters.
14.56.040 Discharge of polluting matter into the surface water system prohibited.
14.56.045 Best management practices (BMPs)—Requirement to implement at existing sites.
14.56.050 Inspections—Consent.
14.56.060 Inspections—Right-of-entry.
14.56.070 Obstructing the public works director or his/her designee.
14.56.080 Refusal to give information.
14.56.090 Correction and discontinuance of unsafe conditions.
14.56.100 Unsafe conditions requiring immediate action.
14.56.120 Stop work orders procedure.
14.56.130 Maintenance and operation of private systems.
14.56.010 Definitions.
The following words and phrases, when used in this section, shall have the following meanings:
A. “Director” means the director of public works or his/her designee.
B. “Pollution” means such contamination, or other alteration of the physical, chemical or biological properties of surface waters including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any surface waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses or to livestock, wild animals, birds, fish or other aquatic life.
C. “Private system” means any element in the surface water system which is not under city ownership or management.
D. “Surface water system” means the receiving bodies of water and the facilities within the city, both public and private, naturally existing and artificial, for storm and surface water drainage, conveyance, detention and storage, and any facilities or processes therein, both public and private, natural or artificial, which control the quantity or maintain or improve the quality of storm and surface waters or deter pollution. The surface water system includes, but is not limited to streets, sidewalks and all public right-of-ways.
E. “Unsafe condition” means any condition or activities in the surface water system on public or private premises which may cause pollution or does or may impede the operation or functioning of the surface water system or which may cause damage thereto. (Ord. 1750-90 § 1, 1990)
14.56.020 Powers of the director.
The director or his/her designee shall have the power to:
A. Prepare rules and procedures as needed to implement this chapter and adopt such rules and procedures as are required to implement the regulations or to carry out other enforcement responsibilities under this chapter or Chapter 14.28.
B. Administer and enforce this code and all rules and procedures adopted hereunder relating to the design, construction, maintenance, operation and alteration of the surface water system.
C. Inspect public and private surface water systems as necessary to determine the compliance of the surface water system with this chapter and Chapter 14.28 and any regulations adopted thereunder.
D. Review drainage plans and revisions thereto regarding adequacy of the surface water system. (Ord. 1750-90 § 2, 1990)
14.56.030 Policy for natural waters.
The city, in recognition of the state of Washington’s interest in the quality of natural waters of the state, some of which lie within the jurisdictional boundaries of the city, proclaims a public policy of working cooperatively with the state government in a joint effort to minimize sources of water quality degradation, while at the same time preserving and vigorously exercising city powers to provide that high standards of water quality within the city shall be maintained.
No part of this section is intended to or shall be construed as abrogating the authority or powers of the United States government or the state of Washington.
The importance of this policy is such that owners, tenants, occupants, operators, employees, or any other person in any manner causing or contributing to unsafe conditions in the surface water system shall be liable for violation of this chapter. (Ord. 1750-90 § 3, 1990)
14.56.040 Discharge of polluting matter into the surface water system prohibited.
It is unlawful for any person to throw, drain, run or otherwise discharge into the surface water system, or to cause, permit or suffer to be thrown, drained, run, allow to seep or otherwise discharge into the surface water system any organic or inorganic matter that shall cause or tend to cause pollution of such waters, as provided for in this section.
Polluting matter includes but is not limited to the following:
A. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil;
B. Chemicals;
C. Paints;
D. Steam cleaning wastes;
E. Fresh concrete;
F. Washing of fresh concrete for cleaning and/or finishing purposes to expose aggregates;
G. Laundry wastes;
H. Soaps, including those present in runoff from car washing;
I. Pesticides, herbicides, or fertilizers within twenty-five feet of a surface water system;
J. Sanitary sewage including septic tank fluids;
K. Degreasers and/or solvents;
L. Antifreeze, transmission fluid or other automotive products;
M. Animal carcasses;
N. Acids or alkalis;
O. Recreational vehicle wastes;
P. Dyes (without prior permission of the drainage utility);
Q. Any fluid with a pH less than 6.0 or greater than 8.5;
R. Cooking wastes;
S. Discharges from potable water sources (including without limitation water line flushing, hyperchlorinated water line flushing, fire hydrant flushing, and pipeline hydrostatic test water), unless the discharge has a chlorine concentration of 0.1 ppm or less, is within the pH limits listed in subsection Q of this section, and is volumetrically and velocity controlled to prevent resuspension of sediments in the municipal separate storm sewer system;
T. Swimming pool and spa discharges, unless the discharge has a chlorine concentration of 0.1 ppm or less, is within the pH limits listed in subsection Q of this section, and is volumetrically and velocity controlled to prevent resuspension of sediments in the municipal separate storm sewer. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the municipal separate storm sewer system.
Pollution or discharging polluting matter into the surface water system shall be a violation of this chapter. (Ord. 3141-09 § 1, 2009: Ord. 1909-92 § 1, 1992; Ord. 1750-90 § 4, 1990)
14.56.045 Best management practices (BMPs)—Requirement to implement at existing sites.
For all existing discharges that drain directly or indirectly to the municipal separate storm sewer system, property owners or tenants shall implement and maintain nonstructural and, if necessary, structural best management practices that comply with the city of Everett’s municipal NPDES stormwater permit requirements and this chapter. Best management practices for commercial and industrial entities are designated in the city of Everett stormwater management manual, current version. Best management practices for single-family residences are designated in the city of Everett residential best management practices guide. (Ord. 3141-09 § 2, 2009)
14.56.050 Inspections—Consent.
As a condition of approval of any drainage plan reviewed pursuant to Chapter 14.28, each applicant shall be required to consent, in writing, to reasonable periodic inspection by the city. If the applicant refuses to consent to inspection, or prevents any such inspection from taking place, or causes or allows the prevention of any inspection, the director may forthwith order a stop work on the system, facility or project covered by drainage plan approval. (Ord. 1750-90 § 5, 1990)
14.56.060 Inspections—Right-of-entry.
The director of public works or his/her designee, is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating any conditions relating to the provisions of this chapter or any regulation adopted under this chapter, provided that the city shall first obtain from the owner or person responsible for such premises permission to enter. If entry is refused, the city shall have recourse to every remedy provided by law to secure entry. (Ord. 1750-90 § 6, 1990)
14.56.070 Obstructing the public works director or his/her designee.
A person commits the offense of obstructing the public works director or his/her designee if:
A. He or she intentionally uses or threatens to use force to obstruct a person he or she knows or should reasonably know is the public works director or his/her designee and is performing his or her official duties in the enforcement of surface water system regulations; or
B. He or she intentionally does any act that he or she knows or should reasonably know will interfere with or obstruct a person known to be or who should reasonably be known to be responsible for the enforcement of surface water system regulations.
C. Obstructing the public works director or his/her designee is a violation of this chapter. (Ord. 1909-92 § 2, 1992; Ord. 1750-90 § 7, 1990)
14.56.080 Refusal to give information.
Any person requested to identify himself to the public works director or his/her designee for the enforcement of this chapter pursuant to an investigation of a violation hereof has a duty to identify himself or herself and give his or her current address. Failure to comply with the requirements of this section shall be a violation of this chapter. (Ord. 1750-90 § 8, 1990)
14.56.090 Correction and discontinuance of unsafe conditions.
A. The director may order the correction or discontinuance of any unsafe condition.
B. Such order shall be in writing served on the owner or occupant of the premises where the unsafe condition exists.
C. Such order shall be in substantially the following form:
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ORDER TO CORRECT UNSAFE CONDITION |
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An unsafe condition (as defined in Section ___of Ordinance) affecting the City of Everett Surface Water System exists on the premises at (address) _______. Said unsafe condition consists of the following: ___________________________________________________________________________________________________________________ at (location) _______________ |
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You are hereby ordered to make the following correction(s): |
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_______________________________________________________________________________________________________________________________________ |
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Correction(s) shall be completed on or before _____ |
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_______________________________ |
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Director of Public Works or Designee |
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(Appeal of this order shall be by written notice to the Everett City Clerk within three (3) working days of receipt.) |
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D. The owner, occupant, or other person to whom the order is directed may appeal said order within three working days of receipt by written notice of appeal to the Everett city clerk.
E. Appeals of orders to correct unsafe condition shall be heard and determined by the pollution hearing officer. The pollution hearing officer shall be a person who is not an employee of the city who is appointed by the mayor to hear appeals of orders to correct unsafe condition. The pollution hearing officer is authorized to affirm or reverse the order or to modify the conditions thereof. The decision of the pollution hearing officer shall be final, subject to certiorari proceedings in Snohomish County Superior Court filed no longer than ten working days after issuance.
Copies of the petition for review shall he served on the city as in all civil actions. The filing of the petition shall not stay enforcement of the order except by order of the Superior Court and on posting of a bond to be determined by the court naming the city as a beneficiary. The review shall be conducted on the record by the court without a jury. The record shall be satisfied by a narrative report certified by the pollution hearing officer and no verbatim record of proceedings before the pollution hearing officer shall be required to be presented to the Superior Court; provided that the court may order that the record may be supplemented as necessary to determine whether the order is illegal or arbitrary and capricious. In the event the court orders a transcript, the appellant shall be provided a copy of the tape of the proceedings, if available. It shall be the appellant’s duty to prepare typed copy of the tape at his/her cost subject to certification by the city. The court may affirm the order or remand the case for further proceedings; or it may reverse the order of the substantial rights of the petitioners may have been prejudiced because the findings, conclusions and decision are determined to be arbitrary, capricious or contrary to law.
F. The pollution hearing officer is authorized to establish rules and procedures for the appeals.
G. Failure to comply with an order to correct unsafe condition after the date for completion shall be a violation of this chapter. (Ord. 1909-92 § 3, 1992; Ord. 1750-90 § 9, 1990)
14.56.100 Unsafe conditions requiring immediate action.
Notwithstanding any other provisions of this chapter, whenever it appears to the director that unsafe conditions exist causing pollution in the surface water system which can be immediately identified and which requires emergency action to protect the public health or safety, the director is authorized to enter at all reasonable times in or upon any property, public or private, for the purpose of inspecting and investigating such unsafe conditions. The director or his/her designee may issue an emergency order requiring the immediate discontinuance of any activity causing pollution. Failure to comply immediately with an emergency order shall constitute a violation of this chapter. (Ord. 1750-90 § 10, 1990)
14.56.110 Discharge of pollutants into surface water system—Liability for expenses incurred by the city.
Any person responsible for pollutant discharge into the surface water system who fails to immediately collect, remove, contain, treat or disperse such pollutant materials at the director’s request is responsible for the necessary expenses incurred by the city in carrying out the pollutant abatement procedures, including the collection, removal, containment, treatment or disposal of such materials. (Ord. 1909-92 § 4, 1992; Ord. 1750-90 § 11, 1990)
14.56.120 Stop work orders procedure.
Whenever any private or public construction work is being done contrary to the provisions of this chapter or any regulation adopted hereunder, the director is authorized to order the work stopped under any city permit for such work by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the director to proceed with the work.
Failure to comply with a stop work order shall constitute a violation of this chapter. (Ord. 1750-90 § 12, 1990)
14.56.130 Maintenance and operation of private systems.
The responsibility of the city shall be limited to maintenance and operation of the public facilities and the city assumes no responsibility for maintenance and operation of private systems. All private systems shall be maintained by the owner or operator thereof in a safe and proper operating condition, and in compliance with all applicable requirements of this chapter and regulations and procedures adopted hereunder and all orders of the director provided hereunder. (Ord. 1750-90 § 13, 1990)
14.56.140 Liability.
The director and any other employee charged with the enforcement of this chapter, acting for the city in good faith and without malice in the discharge of his/her duties shall not thereby render himself/herself liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties.
It is the intent of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.
It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees, or agents for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.
Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents. (Ord. 1750-90 § 14, 1990)
14.56.150 Violation—Penalty.
A violation of this chapter or violation of any order of the public works director or his/her designee pursuant to this chapter shall be a misdemeanor punishable by a fine not to exceed five thousand dollars per day or per occurrence. (Ord. 1750-90 § 15, 1990)