Chapter 12.30 STORM WATER MANAGEMENT

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

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

(2) An expanding population and increased development of land may lead to possible consequences of water quality degradation through discharge of nutrients, metals, oil and grease, toxic materials, and other detrimental substances; drainage and storm and surface water runoff problems; and safety hazards posed by water runoff on streets and highways.

(3) In the future, such problems and dangers associated with storm water runoff will be reduced or avoided if existing properties and future developers, both private and public, provide for storm water quality and quantity controls.

(4) Storm water quality and quantity controls can be achieved when land is developed or redeveloped by implementing appropriate best management practices (BMPs) including low impact development which emphasizes:

(a) Minimization of impervious surfaces;

(b) Reduction in native vegetation loss;

(d) Integration of storm water management into project design.

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

(6) The Federal Clean Water Act and rules established by the Environmental Protection Agency require the Washington State Department of Ecology to issue permits to owners of municipal separate storm sewer systems (MS4).

(7) The city of Oak Harbor is an owner of an MS4 and is subject to the requirements of the NPDES Phase II municipal storm water permit issued by the Department of Ecology. (Ord. 1784 § 9, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 2, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.020 Need.

The city finds that this chapter is necessary 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 lands 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) Ensure the safety of city roads and rights-of-way;

(8) Decrease storm-water-related damage to public and private property from existing and future runoff;

(9) Provide ground water recharge;

(10) Protect the health, safety and welfare of the inhabitants of Oak Harbor; and

(11) Comply with the requirements and minimum standards contained in the NPDES Phase II municipal storm water permit for control of storm water for review and permitting of all development, and related activities, inside city limits. (Ord. 1784 § 10, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 2, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.030 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. This chapter is an exercise of the police power for the general public and not for protection of specific individuals.

Specifically, 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) Maintain and protect ground water resources;

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

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

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

(7) Maintain and protect the city storm water management infrastructure and those downstream; provided nothing herein shall be construed as providing a right to any individual, class or group of individuals;

(8) 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

(9) 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 qualities of wetlands and water bodies and promote enhancement of critical lands. (Ord. 1576 § 1, 2010; Ord. 1537 § 2, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

Subchapter 12.30.100 – General Provisions

12.30.110 Abrogation and greater restrictions.

It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. (Ord. 1576 § 1, 2010; Ord. 1537 § 3, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.120 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. (Ord. 1576 § 1, 2010; Ord. 1537 § 3, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.130 Applicability.

(1) When any provision of any other chapter of the city code conflicts with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter.

(2) The director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. Prior to fulfilling the requirements of this chapter, the city shall not grant any approval or permission to conduct a regulated activity including, but not limited to, the following: building permit, commercial or residential; binding site plan; conditional use permit; franchise right-of-way construction permit; grading and clearing permit; master plan development; planned unit development; right-of-way permit; shoreline substantial development permit; shoreline variance; shoreline conditional use permit; unclassified use permit; variance; zone reclassification; subdivision; short subdivision; special use permit; utility and other use permit; zone reclassification; or any subsequently adopted permit or required approval not expressly exempted by this chapter.

(3) Regulated activities shall be conducted only after the director approves a storm water site plan as required by this chapter. (Ord. 1576 § 1, 2010; Ord. 1537 § 3, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

Subchapter 12.30.200 – Regulated Activities and Allowed Activities

12.30.210 Regulated activities.

Consistent with the nine minimum requirements as identified in Chapter 2, Volume I of the manual, the director shall approve or disapprove the following activities, unless exempted in OHMC 12.30.220:

(1) New Development.

(a) Land-disturbing activities, including Class IV general forest practices that are conversions from timber land to other uses;

(b) Structural development, including construction or installation of a building or other structure;

(d) Subdivision, short subdivision and binding site plans, as defined and applied in RCW 58.17.020.

(2) Redevelopment. On an already substantially developed site (i.e., has 35 percent or more of existing hard surface coverage), the creation or addition of hard surfaces, the expansion of a building footprint or addition or replacement of a structure, structural development including construction, installation or expansion of a building or other structure, land-disturbing activity, replacement of hard surface that is not part of a routine maintenance activity, and land-disturbing activities associated with structural or impervious redevelopment. (Ord. 1784 § 12, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 4, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.220 Exemptions.

(1) Commercial agriculture practices involving working the land for production are generally exempt. However, the conversion from timber land to agriculture and the construction of impervious surfaces are not exempt.

(2) The following pavement maintenance practices are exempt: pothole and square cut patching, overlaying existing asphalt or concrete pavements with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material (including bituminous surface treatments over existing asphalt) without expanding the road prism, pavement preservation activities that do not expand the road prism, and vegetation maintenance are exempt from the provisions of this chapter.

The following pavement maintenance practices are not categorically exempt. The extent to which the manual applies is explained for each circumstance.

(a) Removing and replacing a paved surface to base course or lower, or repairing the pavement base: If impervious surfaces are not expanded, Minimum Requirements #1 through #5 apply.

(b) Extending the pavement edge without increasing the size of the road prism, or paving graveled shoulders: These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met.

(c) Resurfacing by upgrading from dirt to gravel, asphalt, or concrete; upgrading from gravel to asphalt or concrete; or upgrading from a bituminous surface treatment (“chip seal”) to asphalt or concrete: These are considered new impervious surfaces and are subject to the minimum requirements that are triggered when the thresholds identified for new or redevelopment projects are met.

(3) Forest practices regulated under Title 222 WAC, except for Class IV general forest practices that are conversions from timber land to other uses, are exempt from the provisions of the minimum requirements.

(4) Underground utility projects that replace the ground surface with in-kind material or materials with similar runoff characteristics are exempt from the provisions of this chapter except for Minimum Requirement #2, Construction Storm Water Pollution Prevention.

All other new development and redevelopment is subject to the minimum requirements identified in the manual. (Ord. 1784 § 13, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 4, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

Subchapter 12.30.300 – General Requirements

12.30.310 Stormwater Management Manual for Western Washington adopted.

The 2019 Stormwater Manual for Western Washington, issued by the Washington State Department of Ecology, is hereby adopted by reference and is referred to throughout this chapter as “the manual.” The city engineer shall ensure the manual is accessible to staff. (Ord. 1945 § 1, 2022; Ord. 1784 § 14, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 5, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.311 Permit applications and development plans shall conform.

All permit applications and development plans submitted for review under the processes established in Chapter 18.20 OHMC shall conform to the standards within the version of the manual identified in OHMC 12.30.310. (Ord. 1945 § 2, 2022).

12.30.320 Storm water best management practices (BMPs) – Low impact development.

(1) General. BMPs shall be used to control storm water, pollution from storm water, and provide flow control as required by this chapter. BMPs shall be used to comply with the standards in this chapter. BMPs are in the manual; provided, that if there is a conflict with the Oak Harbor storm water plan, the provision with the greatest environmental protection shall apply.

(2) Experimental BMPs. The standards and specifications for BMPs identified in the manual are not intended to limit any innovative or creative effort to effectively control erosion and sedimentation. Construction SWPPPs can contain experimental BMPs or make minor modifications to standard BMPs. However, the city must approve such practices before use. All experimental BMPs and modified BMPs must achieve the same or better performance than the BMPs listed in the manual.

(3) Low Impact Development. It is the policy of the city to fully implement the requirements of the manual which includes technical requirements, site planning, design considerations, and low impact development storm water management techniques. (Ord. 1784 § 15, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 5, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.330 Illicit discharges.

Illicit discharges to storm water drainage systems are prohibited. (Ord. 1576 § 1, 2010; Ord. 1537 § 5, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

Subchapter 12.30.500 – Minimum Requirements

12.30.510 New development.

(1) All new development shall be required to comply with Minimum Requirement #2.

(2) The following new development shall comply with Minimum Requirements #1 through #5 for the new and replaced hard surfaces and the land disturbed:

(a) Results in 2,000 square feet, or greater, of new, replaced, or new plus replaced hard surface area; or

(b) Has land-disturbing activity of 7,000 square feet or greater.

(3) The following new development shall comply with Minimum Requirements #1 through #9 for the new and replaced hard surfaces and the converted vegetation areas:

(a) Results in 5,000 square feet, or more, of new plus replaced hard surface area; or

(b) Converts three-quarters of an acre, or more, of vegetation to lawn or landscaped areas; or

(c) Converts two and one-half acres, or more, of native vegetation to pasture. (Ord. 1784 § 16, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.515 Redevelopment.

(1) All redevelopment shall be required to comply with Minimum Requirement #2. In addition, all redevelopment that exceeds certain thresholds shall be required to comply with additional minimum requirements as follows:

(2) The following redevelopment shall comply with Minimum Requirements #1 through #5 for the new and replaced hard surfaces and the land disturbed:

(a) The new plus replaced hard surfaces result in 2,000 square feet or more; or

(b) Seven thousand square feet or more of land-disturbing activities.

(3) The following redevelopment shall comply with Minimum Requirements #1 through #9 for the new hard surfaces and converted pervious areas:

(a) Adds 5,000 square feet or more of new hard surfaces; or

(b) Converts three-quarters of an acre, or more, of vegetation to lawn or landscaped areas; or

(4) The director may allow the minimum requirements to be met for an equivalent (flow and pollution characteristics) area within the same site. For public roads projects, the equivalent area does not have to be within the project limits, but must drain to the same receiving water.

(5) Additional Requirements for the Project Site.

(a) For road-related projects, runoff from the replaced and new impervious surfaces (including pavement, shoulders, curbs, and sidewalks) and the converted vegetated areas shall meet all the minimum requirements if the new hard surfaces total 5,000 square feet or more and total 50 percent or more of the existing hard surfaces within the project limits. The project limits shall be defined by the length of the project and the width of the right-of-way.

(b) Other types of redevelopment projects shall comply with Minimum Requirements #1 through #9 for the new and replaced hard surfaces and the converted vegetated areas if the total of new plus replaced hard surfaces is 5,000 square feet or more, and the valuation of proposed improvements, including interior improvements, exceeds 50 percent of the assessed value of the existing site improvements.

(c) The city may exempt or institute a stop-loss provision for redevelopment projects from compliance with Minimum Requirement #5, On-Site Storm Water Management; Minimum Requirement #6, Runoff Treatment; Minimum Requirement #7, Flow Control; and/or Minimum Requirement #8, Wetlands Protection, as applied to the replaced hard surfaces if the city has adopted a plan and a schedule that fulfills those requirements in regional facilities.

(d) The city may grant a variance/exception to the application of the flow control requirements to replaced impervious surfaces if such application imposes a severe economic hardship. (Ord. 1784 § 17, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.520 Minimum Requirement #1 – Preparation of storm water site plans.

All projects meeting the thresholds in OHMC 12.30.510 and 12.30.515 shall prepare and submit a storm water site plan for review. Storm water site plans shall be prepared in accordance with Volume I, Chapter 3, of the manual. (Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.525 Minimum Requirement #2 – Construction storm water pollution prevention (SWPP).

All new development and redevelopment projects are responsible for preventing erosion and discharge of sediment and other pollutants into receiving waters.

Projects which result in 2,000 square feet of new plus replaced hard surface area, or more, or disturb 7,000 square feet or more of land must prepare a construction storm water pollution prevention plan (SWPPP) as part of the storm water site plan.

Projects that result in less than 2,000 square feet of new plus replaced hard surface area, or disturb less than 7,000 square feet of land are not required to prepare a construction SWPPP, but must consider all of the 13 elements of construction storm water pollution prevention and develop controls for all elements that pertain to the project site.

(1) General Requirements.

(a) The SWPPP shall include a narrative and drawings. All BMPs shall be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative shall include documentation to explain and justify the pollution prevention decisions made for the project. Each of the 13 elements must be considered and included in the construction SWPPP unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the narrative of the SWPPP.

(b) Clearing and grading activities for developments shall be permitted only if conducted pursuant to an approved site development plan (e.g., subdivision approval) that establishes permitted areas of clearing, grading, cutting, and filling. These permitted clearing and grading areas and any other areas required to preserve critical or sensitive areas, buffers, native growth protection easements, or tree retention areas shall be delineated on the site plans and the development site.

(c) The SWPPP shall be implemented beginning with initial land disturbance and until final stabilization. Sediment and erosion control BMPs shall be consistent with the BMPs contained in Chapters 3 and 4 of Volume II of the manual.

(d) Seasonal Work Limitations.

(i) From October 1st through April 30th, clearing, grading, and other soil disturbing activities shall only be permitted if shown to the satisfaction of the city engineer that silt-laden runoff will be prevented from leaving the site through a combination of the following:

(A) Site conditions including existing vegetative coverage, slope, soil type and proximity to receiving waters.

(B) Limitations on activities and the extent of disturbed areas.

(ii) The following activities are exempt from the seasonal clearing and grading limitations:

(A) Routine maintenance and necessary repair of erosion and sediment control BMPs.

(B) Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in the removal of the vegetative cover to soil.

(C) Activities where there is 100 percent infiltration of surface water runoff within the site in approved and installed erosion and sediment control facilities.

(2) Project Requirements – Construction SWPPP Elements.

(a) Element #1: Preserve Vegetation/Mark Clearing Limits.

(i) Prior to beginning land-disturbing activities, including clearing and grading, all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area shall be clearly marked.

(ii) Retain the duff layer, native top soil, and natural vegetation in an undisturbed state to the maximum extent practicable.

(b) Element #2: Establish Construction Access.

(i) Limit construction vehicle access and exit to one route, if possible.

(ii) Access points shall be stabilized with a pad of quarry spalls, crushed rock, or other equivalent BMPs, to minimize the tracking of sediment onto public roads.

(iii) Wheel wash or tire baths should be located on site if the stabilized construction entrance is not effective in preventing sediment from being tracked onto public roads.

(iv) If sediment is tracked off site, public roads shall be cleaned thoroughly at the end of each day, or more frequently during wet weather, if necessary. Sediment shall be removed from roads by shoveling or pickup sweeping and shall be transported to a controlled sediment disposal area. Street washing will be allowed only after sediment is removed in this manner.

(v) Street wash wastewater shall be controlled by pumping back on site, or otherwise be prevented from discharging into systems tributary to state surface waters.

(i) Properties and waterways downstream from development sites shall be protected from erosion due to increases in the velocity and peak volumetric flow rate of storm water runoff from the project site.

(ii) Where necessary to comply with subsection (2)(c)(i) of this section, construct storm water retention or detention facilities as one of the first steps in grading. Assure that detention facilities function properly before constructing site improvements (e.g., impervious surfaces).

(iii) If permanent infiltration ponds are used for flow control during construction, these facilities should be protected from siltation during the construction phase.

(d) Element #4: Install Sediment Controls.

(i) Design, install, and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants.

(ii) Construct sediment control BMPs (sediment ponds, traps, filters, etc.) as one of the first steps in grading. These BMPs shall be functional before other land-disturbing activities take place.

(iii) Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting storm water runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site.

(iv) Direct storm water runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP, before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but must meet the flow control performance standard in subsection (2)(c)(i) of this section.

(v) Locate BMPs intended to trap sediment on site in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages.

(vi) Where feasible, design outlet structures that withdraw impounded storm water from the surface to avoid discharging sediment that is still suspended lower in the water column.

(e) Element #5: Stabilize Soils.

(i) All exposed and unworked soils shall be stabilized by application of effective BMPs that prevent erosion. Applicable BMPs include, but are not limited to: temporary and permanent seeding, sodding, mulching, plastic covering, erosion control fabrics and matting, soil application of polyacrylamide (PAM), the early application of gravel base on areas to be paved, and dust control.

(ii) Control storm water volume and velocity within the site to minimize soil erosion.

(iii) Control storm water discharges, including both peak flow rates and total storm water volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion.

(iv) Soils must not remain exposed and unworked for more than the time periods set forth below to prevent erosion:

(A) During the dry season (May 1st through September 30th): seven days.

(B) During the wet season (October 1st through April 30th): two days.

(v) Stabilize soils at the end of the shift before a holiday or weekend if needed based on the weather forecast.

(vi) Soil stockpiles must be stabilized from erosion, protected with sediment trapping measures, and, when possible, be located away from storm drain inlets, waterways and drainage channels.

(vii) Minimize the amount of soil exposed during construction activity, the disturbance of steep slopes, and minimize soil compaction and, unless infeasible, preserve topsoil.

(f) Element #6: Protect Slopes.

(i) Design and construct cut-and-fill slopes in a manner to minimize erosion. Applicable practices include, but are not limited to, reducing continuous length of slope with terracing and diversions, reducing slope steepness, and roughening slope surfaces (for example, track walking).

(ii) Divert off-site storm water (run-on) or ground water away from slopes and disturbed areas with interceptor dikes, pipes and/or swales. Off-site storm water should be managed separately from storm water generated on the site.

(iii) Reduce slope runoff velocities by reducing the continuous length of slope with terracing and diversions, reduce slope steepness, and roughen slope surface.

(iv) Off-site storm water (run-on) shall be diverted away from slopes and disturbed areas with interceptor dikes and/or swales. Off-site storm water should be managed separately from storm water generated on the site.

(v) At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion. Temporary pipe slope drains shall handle the peak volumetric flow rate calculated using a 10-minute time step from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year and 25-year one-hour flow rates predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis shall use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis shall use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model to predict flows, bare soil areas should be modeled as landscaped area.

(vi) Excavated material shall be placed on the uphill side of trenches, consistent with safety and space considerations.

(vii) Check dams shall be placed at regular intervals within constructed channels that are cut down a slope.

(g) Element #7: Protect Drain Inlets.

(i) All storm drain inlets made operable during construction shall be protected so that storm water runoff shall not enter the conveyance system without first being filtered or treated to remove sediment.

(ii) Inlets should be inspected weekly at a minimum and daily during storm events. Inlet protection devices should be cleaned or removed and replaced when sediment has filled one-third of the available storage (unless a different standard is specified by the product manufacturer).

(h) Element #8: Stabilize Channels and Outlets.

(i) Design, construct, and stabilize all on-site conveyance channels to prevent erosion from the following expected peak flows:

Channels must handle the peak volumetric flow rate calculated using a 10-minute time step from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model (WWHM) to predict flows, bare soil areas should be modeled as landscaped area.

(ii) Stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of all conveyance systems.

(i) Element #9: Control Pollutants.

(i) Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants.

(ii) Handle and dispose of all pollutants, including waste materials and demolition debris that occur on site in a manner that does not cause contamination of storm water.

(iii) Provide cover, containment, and protection from vandalism for all chemicals, liquid products, petroleum products, and other materials that have the potential to pose a threat to human health or the environment. On-site fueling tanks must include secondary containment. Secondary containment means placing tanks or containers within an impervious structure capable of containing 110 percent of the volume contained in the largest tank within the containment structure. Double-walled tanks do not require additional secondary containment.

(iv) Conduct maintenance, fueling, and repair of heavy equipment and vehicles using spill prevention and control measures. Clean contaminated surfaces immediately following any spill incident.

(v) Wheel wash or tire bath wastewater shall be discharged to a separate on-site treatment system that prevents discharge to surface water, such as closed-loop recirculation or upland application, or to the sanitary sewer, with local sewer district approval.

(vi) Application of agricultural chemicals, including fertilizers and pesticides, shall be conducted in a manner and at application rates that will not result in loss of chemical to storm water runoff. Manufacturers’ recommendations for application rates and procedures shall be followed.

(vii) BMPs shall be used to prevent contamination of storm water runoff by pH-modifying sources. These sources include, but are not limited to, bulk cement, cement kiln dust, fly ash, new concrete washing and curing waters, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters.

(viii) Adjust the pH of storm water if necessary to prevent violations of water quality standards.

(ix) Assure that washout of concrete trucks is performed off site or in designated concrete washout areas only. Do not wash out concrete trucks onto the ground, or into storm drains, open ditches, streets, or streams. Do not dump excess concrete on site, except in designated concrete washout areas. Concrete spillage or concrete discharge to surface waters of the state is prohibited.

(x) Obtain written approval from Ecology before using chemical treatment other than CO2 or dry ice to adjust pH.

(j) Element #10: Control Dewatering.

(i) Foundation, vault, and trench dewatering water, which has similar characteristics to storm water runoff at the site, shall be discharged into a controlled conveyance system prior to discharge to a sediment trap or sediment pond.

(ii) Clean, nonturbid dewatering water, such as well-point ground water, can be discharged to systems tributary to or directly into state surface waters, as specified in Element #8, provided the dewatering flow does not cause erosion or flooding of receiving waters. These clean waters should not be routed through a storm water sediment pond. Note that “surface waters of the state” may exist on a construction site as well as off site; for example, a creek running through a site.

(iii) Highly turbid or otherwise contaminated dewatering water shall be handled separately from storm water.

(iv) Other treatment or disposal options may include: (A) infiltration, (B) transport off site in a vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters, (C) Ecology-approved on-site chemical treatment or other suitable treatment technologies, (D) sanitary or combined sewer discharge with local sewer district approval, if there is no other option, or (E) use of a sedimentation bag that discharges to a ditch or swale for small volumes of localized dewatering.

(k) Element #11: Maintain BMPs.

(i) All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function in accordance with BMP specifications.

(ii) All temporary erosion and sediment control BMPs shall be removed within 30 days after final site stabilization is achieved or after the temporary BMPs are no longer needed.

(l) Element #12: Manage the Project.

(i) Phase development projects to the maximum degree practicable and take into account seasonal work limitations.

(ii) Inspection and Monitoring. Inspect, maintain and repair all BMPs as needed to assure continued performance of their intended function. Projects regulated under the Construction Storm Water General Permit must conduct site inspections and monitoring in accordance with Special Condition S4 of the Construction Storm Water General Permit.

(iii) Maintaining an Updated Construction SWPPP. Maintain, update, and implement the SWPPP.

(iv) Projects that disturb one or more acres must have site inspections conducted by a certified erosion and sediment control lead (CESCL). Project sites disturbing less than one acre may have a CESCL or a person without CESCL certification conduct inspections. By the initiation of construction, the SWPPP must identify the CESCL or inspector, who must be present on site or on call at all times.

(v) The CESCL or inspector (project sites less than one acre) must have the skills to assess the:

(A) Site conditions and construction activities that could impact the quality of storm water.

(B) Effectiveness of erosion and sediment control measures used to control the quality of storm water discharges.

(vi) The CESCL or inspector must examine storm water visually for the presence of suspended sediment, turbidity, discoloration, and oil sheen. They must evaluate the effectiveness of BMPs and determine if it is necessary to install, maintain, or repair BMPs to improve the quality of storm water discharges. Based on the results of the inspection, construction site operators must correct the problems identified by:

(A) Reviewing the SWPPP for compliance with the 13 construction SWPPP elements and making appropriate revisions within seven days of the inspection.

(B) Immediately beginning the process of fully implementing and maintaining appropriate source control and/or treatment BMPs as soon as possible, addressing the problems not later than within 10 days of the inspection. If installation of necessary treatment BMPs is not feasible within 10 days, the construction site operator may request an extension within the initial 10-day response period.

(vii) The CESCL or inspector must inspect all areas disturbed by construction activities, all BMPs, and all storm water discharge points at least once every calendar week and within 24 hours of any discharge from the site. (For purposes of this condition, individual discharge events that last more than one day do not require daily inspections. For example, if a storm water pond discharges continuously over the course of a week, only one inspection is required that week.) The CESCL or inspector may reduce the inspection frequency for temporary stabilized, inactive sites to once every calendar month.

(m) Element #13: Protect Low Impact Development BMPs.

(i) Protect all bioretention and rain garden BMPs from sedimentation through installation and maintenance of erosion and sediment control BMPs on portions of the site that drain into the bioretention and/or rain garden BMPs. Restore the BMPs to their fully functioning condition if they accumulate sediment during construction. Restoring the BMP must include removal of sediment and any sediment-laden biofiltration/rain garden soils, and replacing the removed soils with soils meeting the design specification.

(ii) Prevent compacting bioretention and rain garden BMPs by excluding construction equipment and foot traffic. Protect completed lawn and landscaped areas from compaction due to construction equipment.

(iii) Control erosion and avoid introducing sediment from surrounding land uses onto permeable pavements. Do not allow sediment-laden runoff onto permeable pavements or base materials.

(iv) Pavement fouled with sediments or no longer passing an initial infiltration test must be cleaned using procedures in accordance with this manual or the manufacturer’s procedures.

(v) Keep all heavy equipment off existing soils under LID facilities that have been excavated to final grade to retain the infiltration rate of the soils.

(n) Supplemental Guidelines. If a construction SWPPP is found to be inadequate (with respect to erosion and sediment control requirements), then the city engineer should require that other BMPs be implemented, as appropriate.

The city engineer may allow development of generic construction SWPPPs that apply to commonly conducted public road activities, such as road surface replacement, that trigger this minimum requirement. They may also develop an abbreviated SWPPP format for project sites that will disturb less than one acre.

(o) Based on the information provided and/or local weather conditions, the city engineer may expand or restrict the seasonal limitation on site disturbance. The city engineer shall take enforcement action, such as a notice of violation, administrative order, penalty, or stop work order, under the following circumstances:

(i) If, during the course of any construction activity or soil disturbance during the seasonal limitation period, sediment leaves the construction site causing a violation of the surface water quality standard; or

(ii) If clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained.

(p) Coordination with Utilities and Other Contractors. The primary project proponent shall evaluate, with input from utilities and other contractors, the storm water management requirements for the entire project, including the utilities, when preparing the construction SWPPP. (Ord. 1784 § 18, 2016; Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.575 Adjustments.

An adjustment to the minimum requirements is a minor modification meeting the purpose and intent of the requirements, but does not lift or waive any specific requirement. Adjustments to the minimum requirements may be granted prior to permit approval and construction. The director may grant an adjustment; provided, that a written finding of fact is prepared that addresses the following:

(1) The adjustment provides substantially equivalent environmental protection.

(2) The objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are met. (Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008).

12.30.580 Exceptions.

(1) An exception or variance to the minimum requirements either lifts or waives any of the minimum requirements whether in whole or in part. Exceptions or variances to Minimum Requirements #1 through #12 may be granted by the director prior to permit approval and construction. An exception or variance may be granted following legal public notice of an application for an exemption, legal public notice of the director’s decision and the director’s written finding of fact that documents the following:

(a) The exception provides equivalent environmental protection is not injurious to other properties in the vicinity, and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are met;

(b) That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of reasonable use of the parcel of land in question;

(c) The exception is the least possible exception that could be granted to comply with the intent of the minimum requirements.

(2) The director is further authorized to grant an exception or variance to the minimum requirements if strict application imposes a severe and unexpected economic hardship.

(3) In determining the economic hardship, the director shall consider the following:

(a) The current (pre-project) use of the site; and

(b) How the application of the minimum requirement(s) restricts the proposed use of the site compared to the storm water regulations in effect prior to 2007; and

(d) The uses of the site that would have been allowed prior to 2007; and

(e) A comparison of the estimated amount and percentage of value loss as a result of the minimum requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to 2007; and

(f) The feasibility for the owner to alter the project to apply the minimum requirements.

(4) The director is authorized to establish application procedures and requirements for consideration of all requests for exceptions or variance to the minimum requirements of this section. Application for an exception to these requirements shall be made on forms provided by the director. In all cases the burden of demonstrating through analysis and supporting documentation that an exception or variance is justified rests with the applicant. (Ord. 1576 § 1, 2010; Ord. 1537 § 7, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996. Formerly 12.30.570).

Subchapter 12.30.600 – Administration

12.30.610 Director.

The director or his/her designee shall administer this chapter. The director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter. The city engineer or designee is hereby assigned the duty of director under this chapter. (Ord. 1576 § 1, 2010; Ord. 1537 § 8, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.620 Review and approval.

The director may approve, conditionally approve or deny an application for activities regulated by this chapter. (Ord. 1576 § 1, 2010; Ord. 1537 § 8, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.625 Review process.

Reviews under this chapter are considered Type I as defined in Chapter 18.20 OHMC. (Ord. 1576 § 1, 2010; Ord. 1537 § 8, 2008).

12.30.640 Inspection.

All activities regulated by this chapter, except those exempt in OHMC 12.30.220, shall be inspected by the director. The director shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land-disturbing activities; installation of utilities, landscaping, and retaining walls; and completion of project. When required by the director, special inspection and/or testing shall be performed. (Ord. 1576 § 1, 2010; Ord. 1537 § 8, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.650 Additional standards.

The city engineer may set standards for construction of private and public storm water facilities/BMPs. Such standards may include criteria such as locations, access requirements, setbacks, slopes, geometry, sizes, delineation, the types of approved materials to be used along with the nature of easement acceptable for use in locating, maintaining, and inspecting storm water facilities/BMPs. Such standards may be in excess of those specified in this and other chapters of the Oak Harbor Municipal Code so long as these standards are consistent with good engineering practice and are needed to protect the public health, safety and welfare. (Ord. 1784 § 29, 2016).

Subchapter 12.30.700 – Enforcement

12.30.710 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 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. (Ord. 1576 § 1, 2010; Ord. 1537 § 9, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.720 Stop work order.

The director shall have the authority to serve a person a stop work order if an 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 shall cease and desist and, in appropriate cases, the specific corrective action to be taken within a given time.

(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.

(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 shall result in enforcement actions including, but not limited to, the issuance of a notice of civil infraction pursuant to Ch. 1.28 OHMC and/or a criminal citation or complaint in accordance with CrRLJ 2.1, as applicable. (Ord. 1576 § 1, 2010; Ord. 1537 § 9, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.730 Penalties.

(1) The failure to comply with the provisions of this chapter is a civil offense, classified as a Class 1 infraction as defined in Chapter 1.28 OHMC. Each day of violation shall be a separate offense. This is an absolute liability offense. No mental element as defined in law is required for proof of violation.

(2) The knowing or intentional failure or refusal to comply with a stop work order under the provisions of this chapter is a misdemeanor which shall be punishable by the maximum penalty established by RCW 9.92.030 as now or hereafter amended.

(3) An intentional or repeated violation of this chapter by the person responsible shall be a misdemeanor. (Ord. 1717 § 27, 2015; Ord. 1576 § 1, 2010; Ord. 1537 § 9, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).

12.30.740 Enforcement.

(1) Provisions of this chapter will be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

(2) Civil Infraction Procedures Applicable. If a civil offense is filed against any person, the civil infraction procedures of Chapter 1.28 OHMC shall be followed.

(3) Criminal Prosecution. A criminal complaint may be brought by the city attorney or a citation may be issued by a duly commissioned law enforcement officer for violation of the misdemeanor provisions of this chapter, in accordance with CrRLJ 2.1.

(4) Nothing in this section shall limit the authority of the city to take any action, including emergency actions, civil infractions, criminal prosecutions or any other enforcement action, to enforce the provisions of this chapter. (Ord. 1576 § 1, 2010; Ord. 1537 § 9, 2008; Ord. 1086 § 2, 1997; Ord. 1044, 1996).