Chapter 13.20 STORM DRAINAGE SYSTEM

(1) Stormwater pollution is a problem associated with land utilization, development, redevelopment and the common occurrence of potential pollutants such as pesticides, fertilizers, petroleum products, pet wastes, and numerous others.

Land utilization, development and redevelopment is also known to increase both the volume and duration of peak flows. The resulting erosion, scouring, and deposition of sediment affect the ecological balance in the stream.

Sedimentation and stormwater pollution cause diversity of species to decrease and allow more tolerant (and usually less desirable) species to remain.

(2) Development and redevelopment of land have led to:

(a) Water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances including, without limitation, insect and weed control compounds, drainage, and storm and surface water runoff problems within the city; and

(b) Safety hazards to both lives and property posed by uncontrolled water runoff on streets and highways.

(3) Continuation of present stormwater management practices, to the extent that they exist, will lead to further water quality degradation, erosion, property damage, and endanger the health and safety of the inhabitants of the city.

(4) In the future such problems and dangers will be reduced or avoided if existing properties and future developers, both private and public, provide for stormwater quality and quantity controls.

(5) Stormwater quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs).

(6) Best management practices can be expected to perform as intended only when properly designed, constructed and maintained.

(B) The city finds that this chapter is necessary, to comply with state law, in order to:

(1) Minimize or eliminate water quality degradation.

(2) Prevent erosion and sedimentation in creeks, streams, ponds, lakes and other water bodies.

(3) Protect property owners adjacent to existing and developing land from increased runoff rates which could cause erosion of abutting property.

(4) Preserve and enhance the suitability of waters for contact recreation, fishing, and other beneficial uses.

(5) Preserve and enhance the aesthetic quality of the water.

(6) Promote sound development policies which respect and preserve city surface water, ground water and sediment.

(7) Enhance the safety of roads and rights-of-way.

(8) Decrease stormwater-related damage to public and private property from existing and future runoff.

(9) Protect the health, safety and welfare of the inhabitants of the city.

(C) Purpose. The provisions of this chapter are intended to guide and advise all who conduct new development or redevelopment within the city. The provisions of this chapter establish the minimum level of compliance which must be met to permit a property to be developed or redeveloped within the city. It is the purpose of this chapter to:

(1) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies;

(2) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices;

(3) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns;

(4) Decrease potential landslide, flood and erosion damage to public and private property;

(5) Promote site planning and construction practices that are consistent with natural topographical, vegetational and hydrologic conditions;

(6) Maintain and protect the city stormwater management infrastructure and those downstream;

(7) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety; and

(8) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural quality of lands, wetlands, and water bodies;

(9) To promote the implementation of stormwater best management practices (BMPs) by the residents and businesses of the city. [Ord. 1029 § 1 (Att. A), 2022; Ord. 743 § 1, 2007.]

13.20.020 Connection – Collection of fees.

Applications for connection to the storm sewer system shall be made to the city clerk/treasurer, who will collect fees. [Ord. 743 § 1, 2007.]

13.20.030 Permit fee for application.

A permit fee to cover the cost of administration shall be charged for each application to the storm sewer service. The amount of the fee shall be as established by resolution of the city council. Such fee shall be paid into the CIF/storm drainage fund. [Ord. 802 § 1, 2010; Ord. 743 § 1, 2007.]

13.20.040 Connection charge.

Residential connection charges for each residence or multiple housing complex shall be as established by resolution of the city council. Such fee shall be paid into the CIF/storm drainage fund. Commercial connection charges for areas draining to Lake Gardner shall be established by resolution of the city council. [Ord. 802 § 1, 2010; Ord. 743 § 1, 2007.]

13.20.050 Construction costs and fees.

(A) The cost of construction of storm sewer lines from the public storm sewer or upgrades to the public storm sewer line shall be in all cases borne by such persons connecting thereto.

(B) Cost incurred by the city for plan review and site inspection of storm drainage facilities and consulting staff cost shall be remitted to City Hall within 30 days of receipt of bill.

(C) Cost of construction of storm sewer mains by developers and others except in the case of an LID or ULID shall be directly borne by the party extending the storm sewer main.

(D) Cost of upgrading the drainage facilities, storm sewer trunk lines, or pumping facility or the cost of a consulting engineer shall be considered part of the cost of the storm sewer extension. The work shall be completed and accepted by the city prior to the issuance of any connection permits in the area served by the storm sewer extension. The city may allow the posting of a performance bond in lieu of construction.

(E) Any property connecting to a storm sewer main or open ditch constructed under an LID or ULID shall be subject to a fee based upon the assessments made on the property within the LID or ULID. [Ord. 743 § 1, 2007.]

13.20.060 Billing charges.

The monthly storm drainage charge, in the interest of economical operation, shall be included on the water and sanitary sewer statements. [Ord. 795 § 1, 2010; Ord. 743 § 1, 2007.]

13.20.070 Permit required.

It is unlawful for any person to make any connection to any public or private storm sewer without approved plans and a permit issued by the city to do such work. Storm drainage plans shall be reviewed and approved by the city and/or contract staff. The city shall keep on file records of approved plans. [Ord. 743 § 1, 2007.]

13.20.080 Permit – Application.

Application for such permit shall be filed with the city clerk/treasurer stating the name of the owner, the correct address and legal description of the property to be served, dimensions and locations of any buildings or impervious surface improvements on the property and the whole course of the private storm sewer from the public storm sewer or other outlets to its connection with the building or property to be served. The application shall be submitted to the city for approval. The city may change or modify the same and designate the manner and place in which such storm sewer shall be connected with the public storm sewer. The city shall endorse its approval upon the application if the same is acceptable. [Ord. 743 § 1, 2007.]

13.20.090 Permit approval.

Upon approval of the application, the city shall issue a permit and storm sewer plan showing the size and location of the public storm sewer, the point of connection, the location of any buildings on the lot and any other such information as may be available and required. Plans shall be in accordance with the requirements of the city’s development guidelines. [Ord. 743 § 1, 2007.]

13.20.100 Compliance with permit conditions.

Upon approval of the application and issuance of the permit, it is unlawful to alter or to do any other work than is provided for in the permit. [Ord. 743 § 1, 2007.]

13.20.110 Recordkeeping of work done.

The city shall prepare and keep on file all records of storm sewer connections showing the information obtained in the course of inspection of work done under the permit. [Ord. 743 § 1, 2007.]

13.20.120 Compliance with provisions.

The city may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connection to any public or private storm sewer or drainage channel, provided such owner or occupant complies with the applicable provisions of this chapter. [Ord. 743 § 1, 2007.]

13.20.130 Delinquent charges – Lien filed.

When charges for drainage are delinquent for a period in excess of six months, a lien shall be filed against the property and an additional charge in the amount of $50.00 shall be charged to cover the cost of processing the lien and filing fees.

All charges for drainage together with any penalties and interest that may be provided by this chapter shall be a lien upon the property superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments. Such liens shall be enforced by the city in the manner provided by law. [Ord. 743 § 1, 2007.]

13.20.140 Development fees.

At the time of application for a subdivision, short plat, planned residential development (PRD) or binding site plan, a permit application fee and deposit shall be collected by the city in accordance with the city’s “Schedule of Land Use Fees and Deposits.” [Ord. 743 § 1, 2007.]

13.20.150 Rates and charges.²

(A) The following rates and charges are established and shall be paid into the storm drainage fund, effective January 1, 2010:

Classification	Monthly Rate
Residential Use:
Single-family residence (1 unit)	$4.00
Multifamily residence (1 unit)	$4.00
Additional units	$2.00
Commercial Use:
Business building (units established as per sewer charges) each unit	$4.00

(B) The following rates and charges are established and shall be paid into the storm drainage fund, effective January 1, 2011:

Classification	Monthly Rate
Residential Use:
Single-family residence (1 unit)	$9.00
Multifamily residence (1 unit)	$9.00
Additional units	$4.50
Commercial Use:
Business building (units established as per sewer charges) each unit	$9.00

(C) The following rates and charges are established and shall be paid into the storm drainage fund, effective January 1, 2016:

Classification	Monthly Rate	Annual Rate
Single-Family Residential	$10	$120
Condominium	$10 per unit*	$120
Mobile/Manufactured Home	$10	$120
Multifamily (2+ units attached)	$6 per unit*	$72 per unit*
Mobile Home Parks (Multiple Units)	$6 per unit*	$72 per unit*
Undeveloped Land (Less Than 2% Impervious)		No Charge
Undeveloped Land with Impervious Surface	$10	$120
Riverfront Residential Zone		No Charge
Commercial
0 - 0.5 acre	$20	$240
0.51 - 1.0 acre	$30	$360
1.01 - 2.0 acre	$40	$480
2.01+ acres	$50	$600
Industrial
0 - 1.0 acre	$20	$240
1.01 - 5.0 acre	$30	$360
5.01 - 10.0 acre	$40	$480
10.01+ acres	$50	$600
*Unit = 1.0 ERU (Equivalent Residential Unit)
In the event that an industrial use encompasses multiple adjacent parcels of land, then the stormwater assessment shall be calculated based on the total combined number of acres for all the parcels and the fee shall be distributed throughout the individual parcels accordingly.
Retirement homes, schools, and churches will be charged under the commercial rate structure.

These rates shall remain in effect until such time as the city council in its fee resolution sets other rates, in which event the rates set by resolution shall prevail and be in effect.

(D) The city may administer the billing and collection services required to implement this chapter, or it may enter into interlocal agreements with Snohomish County for this purpose. All billing and collection services shall be implemented as follows:

(1) All property subject to service charges shall be assessed annually on January 1st based upon the rate category, land use classification, and acreage then applicable to each such property and at the rate as set forth in subsection (B) of this section or if authorized by resolution as authorized in subsection (C) of this section.

(2) The service charge shall be displayed and billed on the annual property tax statement for the parcel and shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared. Properties which do not receive a property tax statement shall receive a separate service charge billing statement.

(3) If a payment is received in conjunction with a combined property tax and service charge, and the payment is less than the sum of the total property tax plus service charge or less than the sum of one-half of the property tax plus one-half of the service charge, and unless otherwise specified by the parcel owner, the payment shall be applied to the annual property tax of the parcel first pursuant to the provisions of Chapter 84.56 RCW and any remaining amount to the service charge.

(4) The total amount of the service charge shall be due and payable on or before April 30th and shall be delinquent after that date; however, if one-half of such service charge is paid on or before the said April 30th, the remainder shall be due and payable on or before October 31st and shall be delinquent after that date.

(5) Parcel characteristics affecting the service charge which are altered after November 1st of any year shall not be a basis for calculation of the service charge until after December 31st of the following year.

(6) Adjustments to the annual service charge may be made when property is annexed into the city. The service charge for the billing year during which annexation occurs shall be subject to a proration formula included in an interlocal agreement between the city and the county in which the annexed area lies.

(7) Billing under this subsection (D) shall commence January 1, 2016.

(E) Nothing contained in this section shall be construed as a waiver of liens, and the city shall have all rights to liens as provided in Chapter 35.67 RCW, as the same exists or may hereafter be amended, or any other rights to enforce the collection of storm and surface water service charges as may from time to time be provided in state law. The lien shall have superiority as established by RCW 35.67.290. There shall be added to the delinquent amounts and interest all costs and expenses incurred by the city in compelling payment of the same. [Ord. 900 § 1, 2015; Ord. 810 § 1, 2010; Ord. 795 § 1, 2010; Ord. 743 § 1, 2007.]

13.20.160 Low-income senior citizens or disabled persons discount.

For senior citizens with low income or for disabled persons hereinafter defined, the single-family residential unit charge shall be as established for water services at 30 percent less than the current water rates set forth in GFMC 13.20.150.

(A) The rate established for seniors is restricted to single-family residences primarily occupied by a senior citizen or senior citizens being 62 years of age or older and having an annual income below the annual total household income specified by the eligibility for low-income senior citizens and disabled table provided in the city of Granite Falls low-income seniors/disabled utility rate assistance program application. The qualified income levels identified in the eligibility for low-income senior citizens and disabled table is based on the 2016 eligibility for low income senior citizens and disabled table and will be adjusted on a biennial basis using the annual (April) Seattle-area CPI-U issued by the Bureau of Labor Statistics. The discount rates provided for herein are available only upon application, which is required to be updated biennially by the customer. Discount rate is restricted to minimum residential meter size.

(B) To qualify as a disabled person, the disability is defined as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for a continuous period of not less than 12 months. To qualify for the disabled discount, said rate is restricted to single-family residences primarily occupied by a disabled person. The discount rates provided for herein are available only upon application, which is required to be updated biennially by the customer. Discount rate is restricted to minimum residential meter size. [Ord. 950 § 3, 2018; Ord. 786 § 2, 2009.]

13.20.165 Senior citizen or disabled person exemption.

The following types of real property shall be presently exempt from the city’s stormwater rates and charges imposed by GFMC 13.20.150:

Real property that is owned by, and is the personal residence of, a person or persons approved by the county assessor for a senior citizen or disabled persons property tax exemption under RCW 84.36.381. [Ord. 916 § 1, 2016.]

13.20.170 Storm drainage utility.

(A) Responsibilities. There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the storm drainage utility. All references to the “utility” in this chapter refer to the storm drainage utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, maintenance, administration, and operation of all city storm and surface water facilities, as well as establishing standards for design, construction, and maintenance of improvements on private property where these may affect storm and surface water and management.

(B) Administrator of Utility. The mayor or his/her designee shall be the administrator of the utility.

(C) Ownership of City Stormwater Facilities and Assets. Title and all other incidents of ownership of the following assets are vested in the utility:

(1) All properties, interests, and physical and intangible rights of every nature owned or held by the city, however acquired, insofar as they relate to or concern storm or surface water runoff.

(2) All properties, interests and rights acquired by adverse possession or by prescription directly or through another in and to the drainage or storage, or both, of storm or surface waters, or both, through, under or over land, watercourses, sloughs, streams, ponds, lakes, and swamps. The properties, interests and rights so transferred shall begin from a point where storm or surface waters first enter the storm and surface water system of the city and shall end at a point where the storm or surface waters exit from the storm and surface water system of the city. The width of the properties, interests and rights so transferred shall be to the full extent of inundation caused by storm or flood conditions.

(3) All funds on deposit in the city storm drainage fund and future revenues of said fund. [Ord. 795 § 1, 2010.]

Article II. Stormwater Management

13.20.200 Stormwater Management Manual adopted.

The 2019 Department of Ecology Stormwater Management Manual for Western Washington, as amended by Appendix 1 of the NPDES Phase II municipal stormwater permit, as now or hereafter amended, is hereby adopted as the city’s minimum stormwater regulations and as a technical reference manual and is hereinafter referred to as the “stormwater manual.” [Ord. 1029 § 1 (Att. A), 2022; Ord. 923 § 1 (Exh. A), 2016; Ord. 796 § 1 (Exh. A), 2010.]

13.20.210 Stormwater management review and approval required.

Stormwater management review and approval by the city is required when any development or proposed project meets or exceeds the threshold conditions defined in the stormwater manual (e.g., new impervious area, drainage system modifications, redevelopments, etc.) and is subject to a city development permit or approval requirement. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.220 Standards, definitions, and requirements.

(A) Unless otherwise specified in this chapter, all standards, definitions, and requirements shall be in accordance with the stormwater manual.

(B) Plan and Report Submittal. Stormwater site plans, supporting technical analyses and other required documentation shall conform to the requirements contained in the stormwater manual.

(C) Where to Submit. All stormwater site plans prepared in connection with any of the permits and/or approvals set forth in this chapter shall be submitted to the public works supervisor.

(D) All plans, drawings and calculations designed to control surface water and subsurface water, submitted to the city, will be prepared by a licensed professional engineer, registered in the state of Washington, or by a person qualified as set forth in the stormwater manual, and those plans, drawings and calculations will be stamped showing that engineer’s registration, if applicable.

(E) Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.

(F) More Strict Standard Applies. When any provision of any other ordinance of the city’s regulations conflicts with this chapter, that which provides greater environmental protection shall apply unless otherwise provided for in this chapter.

(G) Determining Construction Site Sediment Damage Potential. Any person submitting a stormwater site plan must also determine the construction site sediment damage potential. Qualified personnel must use the rating system described in Appendix 7 of the NPDES Phase II permit to determine the site’s potential to discharge sediment. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.230 Adjustments and exceptions.

Adjustments and exceptions to the minimum standards and requirements may be granted as set forth in the stormwater manual. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.240 Low impact development – Alternative standards.

(A) The city allows and encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. Low impact development is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site.

(B) Low impact development is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the stormwater manual.

(C) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the stormwater manual as well as the LID Technical Guidance Manual for Puget Sound (LID manual).

(D) The menu of LID BMPs identified in the LID manual is accepted by the city for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the LID manual and review and approval under this chapter.

(E) A covenant or easement shall be recorded with the Snohomish County auditor’s office for each lot containing or served by bioretention facilities in a form approved by the city attorney. The covenant shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the city access to low impact development facilities on private property to allow inspection, maintenance, and repair. [Ord. 923 § 1 (Exh. A), 2016; Ord. 796 § 1 (Exh. A), 2010.]

13.20.245 Best management practices (BMPs) required.

(A) Application. Existing development, current activities, and new development activities that are not listed in the exemptions of subsection (D) of this section are required to apply stormwater BMPs listed in the 2019 Department of Ecology Stormwater Management Manual for Western Washington, Volume IV. A BMP not included in this manual may be approved by the responsible official if the proponent demonstrates that it provides equivalent effectiveness. An exemption from the requirement to use BMPs does not provide an exemption allowing prohibited discharges.

(B) Implementation. In applying the 2019 Department of Ecology Stormwater Management Manual for Western Washington for existing development, the responsible official shall first require the implementation of nonstructural source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the responsible official may require implementation of structural source control BMPs or treatment BMPs, using AKART.

(C) Inspections. The city shall have the ability to inspect private property to monitor for proper implementation of stormwater BMPs pursuant to GFMC 13.20.280.

(D) Exemptions. The following persons or entities are exempt from the provisions of this section unless the responsible official determines the alternative BMPs to be ineffective at reducing the discharge of contaminants or activities are causing a prohibited discharge:

(1) Persons implementing BMPs through another federal or state regulatory or resource management program; provided the responsible official may perform inspections to ensure compliance with this chapter. If the other program requires the development of a best management practices plan, the person shall make that plan available to the city upon request;

(2) Persons engaged in forest practices regulated under WAC Title 222, except for Class IV general forest practices as defined under Chapter 222-16 WAC; and

(3) Persons conducting normal residential activities at property containing a single-family detached dwelling, duplex or triplex and modifications to it on a lot approved for such use, unless the responsible official determines that these activities pose a hazard to public health, safety or welfare; endanger any property; or adversely affect the safety and operation of city right-of-way, utilities, and/or other property owned or maintained by the city. [Ord. 1029 § 1 (Att. A), 2022.]

13.20.250 Construction and maintenance of stormwater facilities.

(A) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the stormwater manual and the permits and/or approvals of the city.

(B) Maintenance of Private Stormwater Facilities.

(1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility’s continual performance, operation, and maintenance in accordance with the standards and requirements of the stormwater manual, this chapter, and the permits and/or approvals of the city and shall remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the city for maintenance as set forth in subsection (C) of this section.

(2) The city shall have authority to periodically enter upon the property and inspect the facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In the event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the city may perform such work, and the cost thereof shall be recoverable by the city from said titleholders or other responsible parties and/or by filing a lien against the property.

(3) When an inspection identifies an exceedence of the maintenance standard, maintenance shall be performed in accordance with the following schedule:

(a) Within one year for wetpool facilities and retention/detention ponds.

(b) Within six months for typical maintenance.

(d) Within two years for maintenance that requires capital construction of less than $25,000.

(1) The city is authorized to assume the total responsibility for all maintenance and repair of stormwater facilities serving single-family residential property if:

(a) The stormwater facilities have been conveyed to and accepted by the city, at the city’s sole discretion, by bill of sale and accompanied by: (i) a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with city standards and specifications; and (ii) an agreement by the grantor to indemnify and hold the city harmless from any claims or damages arising from defective materials or workmanship;

(b) If the lines or facilities are on or cross private property, the grantor shall have conveyed to the city the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity;

(d) The facilities have been inspected and approved by the city;

(e) The city council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the city’s cost of maintaining and repairing the facilities; and

(f) All other requirements of this chapter have been fully complied with.

(2) The city is authorized to assume the partial responsibility for only normal and routine maintenance of stormwater facilities serving single-family residential property if:

(a) The city and the titleholders or other responsible parties of the property have entered into an agreement in which the titleholders or other responsible parties: (i) indemnify and hold the city harmless from any claims or damages arising from the city’s acts or omissions related to maintenance of the facilities; (ii) give the city access rights to maintain the facilities; and (iii) agree to remain responsible for all maintenance and repair of the facilities;

(b) The bonding and insurance requirements of GFMC 13.20.260 have been fully complied with;

(d) The city council has adopted an increase in the stormwater user’s fee for the single-family residential property being served by the stormwater facilities, which fee increase shall cover the city’s cost of maintaining the facilities; and

(e) All other requirements of this chapter have been fully complied with.

All major structural and nonstructural repairs beyond the scope of “normal and routine maintenance” shall remain the responsibility of the titleholders or responsible parties. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.260 Bonding and insurance for stormwater facilities.

(A) The city may require all persons constructing stormwater facilities under this chapter to post with the city cash or surety bonds to cover the cost of defects in materials, workmanship, and installation and also to correct maintenance deficiencies during the initial two-year maintenance period following satisfactory completion of the facilities. Posting of such bonds shall be consistent with the city’s policy for security deposits and subject to review by the city attorney.

(B) The person constructing the stormwater facility and/or the property owner shall maintain a liability policy during the construction period and the initial two-year maintenance period or until the point in time if and when the city assumes maintenance responsibilities, with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage, and with the city named as an additional insured. A copy of the endorsement naming the city as additional insured shall be attached to the certificate of insurance, which shall be provided to the city prior to commencement of the work. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.270 Prohibited, allowable, and conditional discharges and connections.

(A) Definitions. The following definitions shall be applicable to this chapter:

(1) “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.

(2) “Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

(3) “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(4) “Hyperchlorinated” means water that contains more than 10 mg/liter chlorine.

(5) “Illicit discharge” means any direct or indirect nonstormwater discharge to the city’s storm drain system, except as expressly exempted by this chapter.

(6) “Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

(7) “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are:

(a) Owned or operated by the city of Granite Falls;

(b) Designed or used for collecting or conveying stormwater;

(c) Not part of a publicly owned treatment works (POTW) (“POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned); and

(d) Not a combined sewer (“combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system).

(8) “National pollutant discharge elimination system (NPDES) stormwater discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general areawide basis.

(9) “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

(10) “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.

(11) “Pollution” means any pollutants which cause or contribute to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

(12) “Stormwater drainage system” or “MS4” means publicly owned facilities, including the city’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

(13) “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

(14) “Stormwater pollution prevention plan (SWPPP)” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

(B) Prohibited Discharges.

(1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the city’s stormwater drainage system (MS4) any materials other than stormwater.

(2) Examples of prohibited contaminants include but are not limited to the following:

(a) Trash or debris.

(b) Construction materials.

(d) Antifreeze 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/or solvents.

(l) Drain cleaners.

(m) Pesticides, herbicides, or fertilizers.

(n) Steam cleaning wastes.

(o) Soaps, detergents, or ammonia.

(p) Swimming pool cleaning wastewater or filter backwash.

(q) Chlorine, bromine, or other disinfectants.

(r) Heated water.

(s) Domestic animal wastes.

(t) Sewage.

(u) Recreational vehicle waste.

(v) Animal carcasses.

(w) Food wastes.

(x) Bark and other fibrous materials.

(y) Lawn clippings, leaves, or branches.

(z) Silt, sediment, concrete, cement or gravel.

(aa) Dyes. Unless approved by the city.

(bb) Chemicals not normally found in uncontaminated water.

(cc) Any other process-associated discharge except as otherwise allowed in this section.

(dd) Any hazardous material or waste not listed above.

(C) Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1) Diverted stream flows.

(2) Rising ground waters.

(3) Uncontaminated ground water infiltration as defined in 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 or state waste discharge permit.

(13) Discharges from emergency fire fighting activities.

(D) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:

(1) Potable water, including but not limited to water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system.

(2) Lawn watering and other irrigation runoff.

(3) Dechlorinated swimming pool, spa and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the stormwater system.

(4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be permitted, if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.

(5) Nonstormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations.

(6) Other nonstormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water.

(E) Prohibited Connections.

(1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited.

(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(3) A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.

(F) Emergency Suspension of Utility Service and MS4 Access.

(1) The city may, without prior notice, suspend water service, sanitary sewer service, and/or MS4 discharge access to a person discharging to the MS4, when such suspension is necessary to stop an actual or threatened discharge which:

(a) Presents or may present imminent and substantial danger to the environment or to the health or welfare of persons; or

(b) Presents or may present imminent and substantial danger to the MS4 or waters of the United States, the state of Washington or Granite Falls.

(2) As soon as is practicable after the suspension of service or discharge access, the public works supervisor shall notify the violator of the suspension in person or by certified mail, return receipt requested, and shall order the correction of the violation. When time permits, the supervisor should also attempt to notify the violator prior to suspending service or access.

(3) If the violator fails to comply with an order issued under subsection (F)(2) of this section, the supervisor may take such steps as the director deems necessary to prevent or minimize damage to the receiving water or to minimize danger to persons.

(4) The city shall not reinstate suspended services or MS4 access to the violator until:

(a) The violator presents proof, satisfactory to the supervisor, that the noncomplying discharge has been eliminated and its cause determined and corrected;

(b) The violator pays the city for all costs the city incurred in responding to, abating, and remediating the discharge or threatened discharge; and

(5) A violator whose service or access has been suspended or disconnected may appeal such enforcement action to the city council, in writing, within 30 days of notice of the suspension in accordance with GFMC 13.20.290.

(6) The city may obtain a lien against the property to recover its response costs which may be placed on the tax bill and collected as ordinary taxes by the city.

(G) Nonemergency Suspension of Utility Service and MS4 Access.

(1) The city may terminate the city-provided water supply, sanitary sewer connection, and/or MS4 access to any person discharging to the MS4 in violation of this article, if such termination would abate or reduce the illicit discharge.

(2) The supervisor will notify a violator of the proposed termination of its water supply, sanitary sewer connection, and/or MS4 access. The violator may petition the city council for a reconsideration and hearing pursuant to GFMC 13.20.290.

(3) The city shall not reinstate suspended services or MS4 access to the discharger until:

(a) The violator presents proof, satisfactory to the supervisor, that the noncomplying discharge has been eliminated and its cause determined and corrected; and

(b) The violator pays the city for all costs the city will incur in reinstating service or MS4 access.

(4) A person commits an offense if the person reinstates water service, sanitary sewer service, and/or MS4 access to premises terminated pursuant to this section, without the prior approval of the supervisor. [Ord. 1029 § 1 (Att. A), 2022; Ord. 923 § 1 (Exh. A), 2016; Ord. 796 § 1 (Exh. A), 2010.]

13.20.280 Administration, inspection, and fees.

(A) Administration.

(1) This chapter shall be primarily administered by the public works supervisor or a designee, hereafter referred to as the “supervisor,” with the cooperation and assistance of the city planner. The supervisor and the city planner shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.

(2) The supervisor may approve, conditionally approve, or deny activities regulated by this chapter.

(B) Inspections.

(1) The supervisor is authorized to gain access to private property as provided by law and in this chapter, to make such inspections of stormwater facilities or source control BMPs, and take such actions as may be required to enforce the provisions of this chapter.

(2) Inspection prior to clearing and construction will apply to sites with a high potential for sediment damage, as identified by the applicant during civil review based on definitions and requirements of Appendix 7 of the Western Washington Phase II municipal stormwater permit.

(3) Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of stormwater facilities, or whenever the supervisor has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the supervisor or a designee may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the supervisor by this chapter; provided, that if such premises or portion thereof is occupied, the supervisor shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof and has reason to believe an imminent hazard exists, the inspector may enter.

(4) Property owners shall provide proper ingress and egress to any stormwater facility to the supervisor or a designee to inspect, monitor or perform any duty imposed upon the supervisor by this chapter. The supervisor shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the supervisor may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person holding title to the subject property and/or imposed against the subject property by filing a lien.

(C) Fees. Fees for all reviews, inspections, permits and/or approvals, and appeals, which are set forth in this chapter, shall be set by the city council. [Ord. 1029 § 1 (Att. A), 2022; Ord. 796 § 1 (Exh. A), 2010.]

13.20.290 Enforcement.

(A) General. Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the applicability of any penalty shall be based on the nature of the violation, the damage threat 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 public works supervisor shall have the authority to serve a person a stop work order if any action is being undertaken in violation of this chapter.

(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 subsection (C) of this section may be issued with the order.

(2) Notice. A stop work order 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 and by posting at the job site.

(3) Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.

(4) Compliance. Failure to comply with the terms of a stop work order is a misdemeanor punishable by not more than 90 days in jail and/or $3,000 fine.

(C) 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 who undertakes new development without first obtaining city approval shall be subject to a civil penalty.

(1) Amount of Penalty. The penalty shall not be less than $250.00 or exceed $1,000 for each violation. 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 30 days of receipt of the penalty to the city for remission or mitigation of such penalty. Upon receipt of the application, the mayor 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 city council, or to a hearing examiner appointed by the city council, within 30 days of the decision.

(5) Appeal of Civil Penalty. Persons incurring a penalty imposed by the supervisor may appeal in writing within 30 days of the receipt of the penalty to the city council, or to a hearing examiner appointed by the city council.

(D) Penalties Due. Penalties imposed under this section shall become due and payable 15 days after receiving the notice of penalty unless an 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.

(E) Penalty Recovered. Penalties recovered shall be paid to a fund dedicated to enforcement and/or enhancement of the storm drainage system. [Ord. 796 § 1 (Exh. A), 2010.]

13.20.310 Appeals.

The decisions of the supervisor may be appealed by an aggrieved party to the city council, or to a hearing examiner appointed by the city council, by filing written notice of appeal, including an appeal fee as set by the city council, with the city clerk within 10 days of notice of the supervisor’s decision; provided, that enforcement action appeals shall be filed in accordance with GFMC 13.20.290. [Ord. 796 § 1 (Exh. A), 2010.]

Prior legislative history: Ord. 415.

Code reviser’s note: Section 3 of Ord. 900 reads, “This ordinance shall take effect five days after the date of its publication by summary. Billing under subsection (D) shall commence January 1, 2016.”