Chapter 16.20
STORMWATER, DRAINAGE, AND EROSION CONTROL
Sections:
16.20.010 Scope and exemptions from chapter.
16.20.012 Prohibited discharges.
16.20.013 Requirements for all discharges and land uses.
16.20.016 Additional requirements for large projects.
16.20.020 Drainage control review and application requirements.
16.20.040 Drainage control plan registry.
16.20.060 Installation of drainage control facilities.
16.20.070 Modifications of drainage control facilities during construction.
16.20.090 Maintenance and inspection.
16.20.100 Exceptions to requirements.
16.20.110 Violations – Penalties.
16.20.010 Scope and exemptions from chapter.
A. General. All discharges subject to this chapter as set forth in PMC 16.20.012, all land uses, additions and replacement of impervious surface, land disturbing activity, and grading shall comply with all requirements of this chapter unless explicitly exempted by this chapter or by the director exercising authority granted under this chapter.
B. Exemptions. The following land uses are exempt from the provisions of this chapter:
1. Commercial agriculture, including only those activities conducted on lands defined in RCW 84.3.020(2), and production of crops or livestock for wholesale trade;
2. Forest practices regulated under Title 222 Washington Administrative Code, except for Class IV general forest practices, as defined in WAC 222-16-050, that are conversions from timber land to other uses; and
3. Development undertaken by the Washington State Department of Transportation in state highway right-of-way that complies with State standards. (Ord. 814 §1 (part), 2005).
16.20.012 Prohibited discharges.
A. Stormwater Discharges. Stormwater discharges to sanitary sewers are prohibited.
B. Discharges Prohibited to Public Drainage Control Systems. It is unlawful to make illicit discharges, as defined in subsection (C) of this section, either directly or indirectly to a public drainage control system.
C. Illicit Discharges Defined:
1. Except as provided in subsection (C)(4) of this section, all discharges which are not composed entirely of stormwater are illicit discharges. See PMC 16.20.013 for defenses available to responsible parties.
2. The following is a partial list, provided for informational purposes only, of common substances which are illicit discharges when allowed to enter a public drainage control system: Solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive and petroleum products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent; ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; animal carcasses; food and food waste; yard waste; dirt; sand; and gravel.
3. Permissible Discharges. Discharges from the sources listed below shall only be illicit discharges if the director of public works determines that the type of discharge, whether singly or in combination with others, is causing or contributing to a violation of the city’s NPDES stormwater permit or is causing or contributing to a water quality problem, such as those which contain more contamination than typical discharges in the city, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the city: Potable water sources; washing of potable water storage reservoirs; flushing of potable water lines; natural uncontaminated surface water; natural uncontaminated groundwater; air-conditioning condensation; runoff from lawn watering; irrigation runoff; runoff from residential car washing by individuals; and discharges in compliance with an NPDES permit.
4. Exemption. Discharges resulting from public firefighting activities, but not from activities not related to firefighting such as the maintenance or cleaning of firefighting equipment, are exempt from regulation under this section. (Ord. 814 §1 (part), 2005).
16.20.013 Requirements for all discharges and land uses.
For high-risk pollution generating activities except those that discharge only to the public combined sewer:
A. Spill prevention shall be required. Parties responsible for undertaking, operating, or maintaining the high-risk pollution generating activities are required to do the following, as further defined in rules promulgated by the director:
1. Develop and implement plans and procedures to prevent spills and other accidental releases of materials that may contaminate stormwater. This requirement may be satisfied by a Stormwater Pollution Prevention Plan prepared in compliance with an NPDES industrial stormwater permit for the site;
2. Implement procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of stormwater;
3. Provide necessary containment and response equipment on-site, and training of personnel regarding the procedures and equipment to be used; and,
4. Make plans, procedures, and schedules required by this subsection available to the director of public works when requested.
B. If the director of public works determines that discharges from a drainage control facility are causing or contributing to a water quality problem, such as but not limited to discharges that violate the city’s municipal stormwater NPDES permit or that cannot be adequately addressed by the required operational or structural best management practices, then the director of public works may require the responsible party to undertake more stringent or additional best management practices. These best management practices may include operational or structural best management practices or other action necessary to cease causing or contributing to the water quality problem or violation of the city’s permit. Structural best management practices may include but shall not be limited to drainage control facilities, structural source controls, treatment facilities, constructed facilities such as enclosures, covering and/or berming of container storage areas, and revised drainage systems. For existing discharges as opposed to new projects, the director of public works shall allow twelve months to install a new flow control facility, structural source control or treatment facility after a director determines pursuant to this subsection that discharges from a site are causing or contributing to a water quality problem and notifies the responsible party in writing of that determination and of the flow control facility, structural source control or treatment facility that must be installed.
C. Release Reporting Requirements. A responsible party is required to, at the earliest possible time, but in any case within twenty-four hours of discovery, report to the director of public works, a spill, release, dumping, or other situation that has contributed or is likely to contribute pollutants to a public drainage control system. This reporting requirement is in addition to, and not instead of, any other reporting requirements under federal, state or local laws.
D. Natural Drainage Patterns. Natural drainage patterns shall be maintained.
E. Obstruction of Watercourses. Watercourses shall not be obstructed. (Ord. 814 §1 (part), 2005).
16.20.015 Drainage, erosion control, and source control requirements for all land disturbing activities or addition or replacement of impervious surface.
A. Compliance Required. All land disturbing activities or addition or replacement of impervious surface are required to comply with this section, even where drainage control review is not required. Exception: Maintenance, repair, or installation of underground or overhead utility facilities, such as, but not limited to, pipes, conduits and vaults, is not required to comply with the provisions of this section except subsection (C)(3) of this section.
B. Approval of Exceptions Required. Exceptions to the requirements of this chapter may not be used on any projects, including those that do not require drainage control review, unless allowed by this chapter, by rule promulgated jointly by the director of public works, or approved by the director of public works. Approval shall be obtained prior to initiating land disturbing activities or adding or replacing impervious surface. Approvals are required for exceptions to any and all requirements of this chapter, including but not limited to the requirement that natural drainage patterns be maintained and the requirement that watercourses not be obstructed.
C. Requirements of All Projects.
1. Discharge Point. The discharge point for drainage water from each site shall be selected as set forth in rules promulgated jointly by the director of public works specifying criteria, guidelines, and standards for determining drainage discharge points to meet the purposes of this chapter. The criteria shall include, but not be limited to, preservation of natural drainage patterns and whether the capacity of the drainage control system is adequate for the additional volume. For those projects meeting the drainage review threshold, the proposed discharge point shall be identified in the drainage control plan required by PMC 16.20.020, for review and approval or disapproval by the director of public works.
2. Construction Stormwater Control. During land disturbing activities or addition or replacement of impervious surface, temporary and permanent construction controls shall be used to accomplish the following (a - g). Rules promulgated jointly by the director of public works specify the minimum required controls as well as additional controls that may be required by the director of public works when minimum controls are not sufficient to prevent erosion or transport of sediment or other pollutants from the site.
a. Prevent on-site erosion by stabilizing all soils, including stockpiles, which are temporarily exposed. Methods such as, but not limited to, the installation of seeding, mulching, matting, and covering may be specified by rules promulgated by the director. No soils shall remain unstabilized for more than seven days.
b. Before the completion of the project, permanently stabilize all exposed soils that have been disturbed during construction. Methods such as permanent seeding, planting, and sodding may be specified by rules promulgated by the director.
c. Prevent the transport of sediment from the site. Appropriate use of methods such as, but not limited to, vegetated buffer strips, stormdrain inlet protection, silt fences, sediment traps, settling ponds, and protective berms may be specified in rules promulgated by the director of public works.
d. During construction, prevent the introduction of pollutants in addition to sediment into stormwater. Appropriate methods, as prescribed in rules promulgated by the director, include operational source controls such as, but not limited to, spill control for fueling operations, equipment washing, cleaning of catch basins, treatment of contaminated soils, and proper storage and disposal of hazardous materials.
e. Limit construction vehicle access, whenever possible, to one route. Stabilize access points as specified in rules promulgated by the director to minimize the tracking of sediment onto public roads.
f. Inspect and maintain required erosion and sediment controls as prescribed in rules promulgated by the director to ensure continued performance of their intended function.
g. Prevent sediment from entering all storm drains, including ditches, which receive runoff from the disturbed area.
3. Source Control.
a. Structural source controls shall be installed for high-risk pollution generating activities to the maximum extent practicable to the portion of the site being developed, in accordance with rules promulgated by the director, except in the following circumstances:
i. When that portion of the site being developed discharges only to the public combined sewer; or
ii. For normal residential activities unless the director 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, or other property owned or maintained by the city.
b. The structural source controls shall include, but not be limited to, the following, as further defined in rules promulgated jointly by the directors:
i. Enclose, cover, or contain within a berm or dike the high-risk pollution generating activities;
ii. Direct drainage from containment area of high-risk pollution generating activity to a closed sump or tank for settling and appropriate disposal, or treat prior to discharging to a public drainage control system;
iii. Pave, treat, or cover the containment area of high-risk pollution generating activities with materials that will not interact with or break down in the presence of other materials used in conjunction with the pollution generating activity; and
iv. Prevent precipitation from flowing or being blown onto containment areas of high-risk pollution generating activities.
4. Flood-prone Areas. On sites within flood prone areas, responsible parties are required to employ procedures to minimize the potential for flooding on the site and for the project to increase the risk of floods on adjacent or nearby properties. Flood control measures shall include those set forth in other titles of the Pomeroy Municipal Code and rules promulgated thereunder, including, but not limited to, Chapter 16.18 PMC (Floodplains) and Chapter 16.16 PMC (Critical Areas).
5. Natural Drainage Patterns. Natural drainage patterns must be maintained.
6. Obstruction of Watercourses. Watercourses shall not be obstructed.
7. Water Quality Sensitive Areas. The director of public works may impose additional requirements for areas determined to be water quality sensitive areas.
D. The director of public works may require sites with addition or replacement of five thousand square feet or less of impervious surface and with less than one acre of land disturbing activity to comply with the requirements set forth in PMC 16.20.016, in addition to the requirements set forth in this section, when necessary to accomplish the purposes of this chapter. In making this determination, the director of public works may consider, but not be limited to, the following attributes of the site: location within an Environmentally Critical Area; proximity and tributary to an Environmentally Critical Area; proximity and tributary to an area with known erosion or flooding problems. (Ord. 886 §11, 2016; Ord. 814 §1 (part), 2005).
16.20.016 Additional requirements for large projects.
A. Applicability. One acre or more of land disturbing activity or addition or replacement of five thousand square feet or more of impervious surface shall comply with the requirements set forth in this section, in addition to the other applicable requirements of this chapter. Exception: Maintenance, repair, or installation of underground or overhead utility facilities, such as, but not limited to, pipes, conduits and vaults, is not required to comply with the provisions of this section except subsection (B)(7) of this section.
B. Requirements.
1. Stormwater Treatment.
a. Stormwater treatment facilities shall be installed and maintained to treat that portion of the site being developed, as specified in this section and in rules promulgated jointly by the director of public works, unless the entire project drains to a combined sewer.
b. One of the following stormwater treatment facilities shall be installed and maintained in accordance with rules promulgated jointly by the directors: infiltration, wetpond, stormwater wetland, biofiltration swale, filter strip, wet vault, media filter, or an alternative technology if the conditions in subsection (B)(1)(e) of this section are met.
c. For high-use sites, one of the following stormwater treatment facilities shall be installed and maintained in accordance with rules promulgated by the director, in addition to other required treatment facilities:
i. Coalescing plate/oil water separator;
ii. Media filter;
iii. API oil/water separator; or
iv. An alternative technology if the conditions in subsection (B)(1)(e) of this section are met.
d. Alternative technology to meet runoff treatment requirements may be permitted if the following criteria are met, as further specified in rules promulgated jointly by the director of public works:
i. Treatment effectiveness monitoring is conducted, which requirement may be waived if sufficient research has been conducted to demonstrate to the director of public works’ satisfaction that an alternative technology offers equivalent protection;
ii. Monitoring and maintenance records are reported to the director of public works at the end of each of the first three years following installation; and
iii. The applicant demonstrates to the director of public works’ satisfaction that the alternative will provide protection equivalent to the methods prescribed in the applicable subsections (B)(1)(c) or (d) of this section.
e. The director of public works may ask the Washington State Department of Ecology to approve a commitment by the city to develop a water quality improvement plan to identify pollutants of concern and associated sources, prioritize drainage basins, and evaluate alternative improvement strategies. After such approval and consistent with its terms, the director may grant exemptions to or make inapplicable the treatment requirements of PMC 16.20.016 B1, pursuant to rules promulgated by the Department of Ecology.
2. Protection of Streams. Where stormwater is discharged directly to a stream or to a conveyance system that discharges to a stream, streambank erosion and effects on water quality in streams shall be minimized through the selection, design, installation, and maintenance of temporary and permanent controls.
3. Protection of Wetlands. Where stormwater discharges directly to a wetland, as defined by Chapter 16.16 PMC, or to a conveyance system that discharges to a wetland, the introduction of sediment, heat, and other pollutants and contaminants into wetlands shall be minimized through the selection, design, installation, and maintenance of temporary and permanent controls. Discharges to wetlands of exceptional value, as defined by Chapter 16.16 PMC, shall maintain existing flows to the extent necessary to protect the functions and values of the wetland. Detention and treatment systems shall not be located within any wetland or its buffer. Prior to discharging to a wetland, alternative discharge locations shall be evaluated and infiltration options outside the wetland shall be maximized.
4. Off-site Analysis. When the portion of a site being developed is within one-quarter (¼) mile of a stream and discharges directly to that stream, or to a drainage system that drains to that stream, impacts to off-site water quality resulting from the project are to be analyzed and mitigated. The analysis shall comply with this section and rules the directors may jointly promulgate pursuant to this section. The analysis shall provide for mitigation of all surface water quality or sediment quality impacts. The analysis shall evaluate impacts likely to occur one-quarter (¼) mile downstream from the project. The impacts to be evaluated and mitigated shall include at least the following:
a. Amount of sedimentation;
b. Streambank erosion;
c. Discharges to groundwater contributing to recharge zones;
d. Violations of state or federal surface water, groundwater, or sediment quality standards; and,
e. Spills and other accidental illicit discharges.
5. Inspection and Maintenance Schedule. Temporary and permanent drainage control and stormwater treatment facilities and other controls shall be inspected and maintained according to a schedule submitted to the director. The schedule shall meet the requirements of this chapter and rules promulgated under this chapter.
6. Construction Stormwater Control. In addition to the requirements described in PMC 16.20.015, construction stormwater controls shall be used to accomplish the following (subsections (a) through (j) of this subsection). Rules promulgated by the director of public works specify the minimum required controls as well as additional controls that may be required by the director when minimum controls are not sufficient to prevent the erosion or transport of sediment or other pollutants from the site. These controls (subsections (B)(6)(a) through (j) of this section) and those required by PMC 16.20.015(C)(3) shall be shown on a construction stormwater control plan complying with the requirements and purposes of this chapter and rules promulgated hereunder and submitted to the director. The construction stormwater control plan shall address at least the following (subsections (B)(6)(a) through (j) of this section) and PMC 16.20.015(C)(2):
a. Before leaving the site, stormwater runoff shall pass through a sediment trap, sediment pond, or similar device;
b. In the field, clearing limits and any easements, setbacks, critical areas and their buffers, trees, and drainage courses shall be marked;
c. Sediment ponds and traps, perimeter dikes, sediment barriers, and other erosion and sedimentation controls intended to trap sediment on site shall be constructed as a first step in grading. These controls shall be functional before the land disturbing activities take place. Earthen structures such as dams, dikes, and diversions shall be stabilized in accordance with PMC 16.20.015 C2;
d. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes will be stabilized in accordance with PMC 16.20.015 C2;
e. Properties and waterways downstream from the project site shall be protected from erosion due to increases in the volume, velocity, and peak flow rate of stormwater from the project site;
f. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected velocity of a two-year, twenty-four-hour design storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent streambanks, slopes, and downstream reaches shall be provided at the outlets of all conveyance systems;
g. Whenever construction vehicle access routes intersect paved roads, the transport of sediment onto the paved road shall be minimized. If sediment is transported onto a paved road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from paved roads by shoveling or sweeping and shall be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner;
h. All temporary erosion and sediment controls shall be removed within thirty days after final site stabilization is achieved or after the temporary controls are no longer needed, whichever is later. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized;
i. When dewatering devices discharge on site or to a public drainage control system, dewatering devices shall discharge into a sediment trap or sediment pond or gently sloping vegetated area; and
j. In the construction of underground utility lines, where feasible, no more than one thousand feet of trench shall be opened at one time, unless soil is replaced within the same working day, and where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches. Trench dewatering devices shall discharge into a sediment trap or sediment pond. (Ord. 814 §1 (part), 2005).
16.20.020 Drainage control review and application requirements.
A. Thresholds for Drainage Control Review. Drainage control review and approval shall be required for any of the following:
1. Standard drainage control review and approval shall be required for the following:
a. Any land disturbing activity encompassing an area of seven hundred fifty square feet or more;
b. Applications for either a master use permit or building permit that includes the cumulative addition of seven hundred fifty square feet or more of land disturbing activity and new and replaced impervious surface;
c. Applications for which a grading permit or approval is required;
d. Applications for street use permits for the cumulative addition of seven hundred square feet or more of new and replaced impervious surface and land disturbing activity after the effective date of the ordinance codified in this chapter;
e. City public works project or construction contracts, including contracts for day labor and other public works purchasing agreements, for the cumulative addition of seven hundred fifty square feet or more of new and replaced impervious surface and land disturbing activity to the site after the effective date of the ordinance codified in this chapter, except for projects in a city-owned right-of-way and except for work performed for the operation and maintenance of park lands under the control or jurisdiction of the director of public works;
f. Permit approvals and contracts that include any new or replaced impervious surface on a site deemed a potentially hazardous location, as specified in on a list, register, or data base compiled by the United States Environmental Protection Agency (“EPA”) or the Washington State Department of Ecology (“DOE”) for investigation, cleanup, or other action regarding contamination under any federal or state environmental law shall be a potentially hazardous location under this subtitle; or,
g. Whenever an exception to a requirement set forth in this chapter or in a rule promulgated under this chapter is desired, whether or not review and approval would otherwise be required, including but not limited to, alteration of natural drainage patterns or the obstruction of watercourses.
2. Large project drainage control review and approval shall be required for projects that include:
a. Five thousand square feet or more of new or replaced impervious surface; or
b. One acre or more of land disturbing activity.
3. The city may, by interagency agreement signed by the director of public works, waive the drainage and erosion control permit and document requirements for property owned by public entities, when discharges for the property do not enter the public drainage control system or the public combined sewer system. Whether or not they are required to obtain permits or submit documents, public entities are subject to the substantive requirements of this chapter, unless exceptions are granted as set forth in PMC 16.20.015.
B. Submittal Requirements for Drainage Control Review and Approval.
1. Information Required for Standard Drainage Control Review. The following information shall be submitted to the director for all projects for which drainage control review is required.
a. Standard Drainage Control Plan. A drainage control plan shall be submitted to the director of public works. Standard designs for drainage control facilities as set forth in rules promulgated by the director may be used.
b. Construction Stormwater Control Plan (Standard Erosion and Sediment Control Plan). A construction stormwater control plan demonstrating controls sufficient to determine compliance with PMC 16.20.015(C)(2) shall be submitted. The director may approve a checklist in place of a plan, pursuant to rules promulgated by the director.
c. Memorandum of Drainage Control. The owner(s) of the site shall sign a “memorandum of drainage control” that has been prepared by the director of public works. Completion of the memorandum shall be a condition precedent to issuance of any permit or approval for which a drainage control plan is required. The applicant shall file the memorandum of drainage control with the Garfield County Auditor so as to become part of the Garfield County real property records. The applicant shall give the director of public works proof of filing of the memorandum. The memorandum shall not be required when the drainage control facility will be owned and operated by the city. A memorandum of drainage control shall include:
i. The legal description of the site;
ii. A summary of the terms of the drainage control plan, including any known limitations of the drainage control facilities, and an agreement by the owners to implement those terns;
iii. An agreement that the owner(s) shall inform future purchasers and other successors and assignees of the existence of the drainage control facilities and other elements of the drainage control plan, the limitations of the drainage control facilities, and of the requirements for continued inspection and maintenance of the drainage control facilities;
iv. The side sewer permit number and the date and name of the permit or approval for which the drainage control plan is required;
v. Permission for the city to enter the property for inspection, monitoring, correction, and abatement purposes;
vi. An acknowledgment by the owner(s) that the city is not responsible for the adequacy or performance of the drainage control plan, and a waiver of any and all claims against the city for any harm, loss, or damage related to the plan, or to drainage or erosion on the property, except for claims arising from the city’s sole negligence; and
vii. The owner(s)’ signatures acknowledged by a notary public.
2. Information Required for Large Project Drainage Control Review. In addition to the submittal requirements for standard drainage control review, the following information is required for projects that include one acre or more of land disturbing activities or five thousand square feet or more of new and replaced impervious surface.
a. Comprehensive Drainage Control Plan. A comprehensive drainage control plan, in lieu of a standard drainage control plan, to comply with the requirements of this chapter and rules promulgated hereunder and to accomplish the purposes of this chapter shall be submitted with the permit application. It shall be prepared by a licensed civil engineer in accordance with standards adopted by the director of public works.
b. Inspection and Maintenance Schedule. A schedule shall be submitted that provides for inspection of temporary and permanent drainage control facilities, treatment facilities, and source controls to comply with PMC 16.20.015 and 16.20.016.
c. Off-site Analysis. When the portion of a site being developed is within one-quarter (¼) mile of a stream and discharges directly to that stream, or to a drainage control system that discharges to that stream, an analysis of impacts to off-site water quality resulting from the project prepared in accordance with PMC 16.20.016 shall be submitted.
d. Construction Stormwater Control Plan. A construction stormwater control plan prepared in accordance with PMC 16.20.015 and 16.20.016 shall be submitted.
3. Applications for drainage control review and approval shall be prepared and submitted in accordance with provisions of this section and with associated rules and regulations adopted jointly by the director of public works.
4. The director of public works may require additional information necessary to adequately evaluate applications for compliance with the requirements and purposes of this chapter and other laws and regulations, including but not limited to Chapter 16.16 PMC, Critical Areas. The director of public works may also require appropriate information about adjoining properties that may be related to, or affected by, the drainage control proposal in order to evaluate effects on the adjacent property. This additional information may be required as a precondition for permit application review and approval.
5. Where an applicant simultaneously applies for more than one of the permits listed in subsection (A) of this section for the same property, the application shall comply with the requirements for the permit that is the most detailed and complete.
C. Authority to Review. The director of public works may approve those plans that comply with the provisions of this chapter and rules promulgated hereunder, and may place conditions upon the approval in order to assure compliance with the provisions of this chapter. Submission of the required drainage control application information shall be a condition precedent to the processing of any of the above-listed permits. Approval of drainage control shall be a condition precedent to issuance of any of the above-listed permits. The director of public works may review and inspect activities subject to this chapter and may require compliance regardless of whether review or approval is specifically required by this section. The director of public works may disapprove plans that do not comply with the provisions of this chapter and rules promulgated hereunder. Disapproved plans shall be returned to the applicant, who may correct and resubmit the plans. (Ord. 814 §1 (part), 2005).
16.20.040 Drainage control plan registry.
The director of public works shall maintain an official registry and permanent file of all approved drainage control plans. Each plan shall be cataloged in the registry according to the property address, legal description of the property, and the side sewer permit number of the permit or approval for which the plan is required. Where a drainage control plan covers more than one property, the approved plan shall be cataloged for each property covered by the plan. (Ord. 814 §1 (part), 2005).
16.20.060 Installation of drainage control facilities.
A. All privately owned and operated drainage control facilities or systems, whether or not they discharge to a public drainage control system, shall be considered side sewers and shall be subject to city public works standards, the director’s rules promulgated under that title, and the design and installation specifications and permit requirements of the city for side sewer and drainage control systems.
B. Side sewer permits and inspections shall be required for construction, capping, alterations, or repairs of privately owned and operated drainage control systems as provided in Chapter 21.16 of the Seattle Municipal Code. When the work is ready for inspection, the permittee shall notify the director of public works. If the work is not in accordance with plans approved under this chapter and in accordance with city rules, and city design and installation specifications, the director of public works may order the work stopped by written notice to the persons engaged in performing the work or causing the work to be done, and may require modifications as provided in this chapter. (Ord. 814 §1 (part), 2005).
16.20.070 Modifications of drainage control facilities during construction.
A. During construction the director of public works may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be modified if physical conditions are discovered on the site which are inconsistent with the assumptions upon which the approval was based, including but not limited to unexpected soil and/or water conditions, weather generated problems, or changes in the design of the improved areas. Modifications shall be submitted to the director of public works for approval prior to implementation.
B. Any such modifications made during the construction of drainage control facilities shall be recorded on the final approved drainage control plan, a revised copy of which shall be filed by the director of public works. (Ord. 814 §1 (part), 2005).
16.20.090 Maintenance and inspection.
A. Responsibility for Maintenance and Inspection. Drainage control facilities, source controls, and stormwater treatment facilities required by this chapter and by rules adopted hereunder, shall be maintained as specified in rules promulgated by the director, by the owner and other responsible party. The owner and other responsible party shall inspect permanent drainage control facilities at least annually, and shall inspect temporary drainage control facilities and other temporary best management practices or facilities on a schedule consistent with PMC 16.20.016 B5 of this chapter and sufficient for the facilities to function at design capacity. The director of public works may require the responsible party to conduct more frequent inspections and/or maintenance when necessary to insure functioning at design capacity. The owner(s) shall inform future purchasers and other successors and assignees to the property of the existence of the drainage control facilities and the elements of the drainage control plan, the limitations of the drainage control facilities, and the requirements for continued inspection and maintenance of the drainage control facilities.
B. Inspection by City. The director of public works may establish inspection programs to insure compliance with the requirements of this chapter and accomplishment of its purposes. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the city’s NPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other best management practices.
C. Entry for Inspection and Abatement Purposes.
1. New Installations and Connections. When any new drainage control facility is installed on private property, and when any new connection is made between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall execute a permission form provided by the director of public works. The property owner shall grant the city the right to enter the property at reasonable times and in a reasonable manner pursuant to an inspection program established pursuant to subsection (B) of this section, and to enter the property when the city has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter.
2. Existing Land Uses and Discharges. Owners of property with existing discharges or land uses subject to this chapter who are not installing a new drainage control facility or making a new connection between private property and a public drainage control system, sanitary sewer or combined sewer, shall have the option to execute a permission form for the purposes described above when provided with the form by the director of public works.
D. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance of drainage and stormwater control facilities shall be conducted in accordance with federal, state and local regulations, including the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, guidelines for disposal of waste materials, and, where appropriate, Dangerous Waste Regulations, Chapter 173-303 WAC, including any subsequent amendments to these provisions.
E. Records of Installation and Maintenance Activities. When a new drainage control facility is installed, the party having the facility installed shall obtain a copy of the as-built plans from the director of public works. Responsible parties shall make records of the installation and of all maintenance and repair, and shall retain the records for at least ten years. These records shall be made available to the director of public works during inspection of the facility and at other reasonable times upon request of the director of public works. (Ord. 814 §1 (part), 2005).
16.20.100 Exceptions to requirements.
A. General. Requests for exceptions to the requirements of this subtitle shall be made according to this section. Exceptions shall include alternative requirements, waivers, reductions, or modifications of the requirements. An exception shall only be granted to the extent necessary to meet the criteria set forth in this section. An applicant is not entitled to an exception, whether or not the criteria allowing approval of an exception are met. The director of public works may require an applicant to submit an engineer’s report or analysis with a request for an exception. When an exception is granted, the director may impose new or additional requirements to offset or mitigate harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted.
B. Equally Protective Exceptions. The director of public works may approve a request for an exception if the director of public works determines that it is likely to be equally protective of public health, safety and welfare, the environment, and public and private property as the requirement from which an exception is sought.
C. Other Exceptions. The director of public works may approve a requested exception even if it is not equally protective of public health, safety and welfare, the environment, and public and private property, or if the director of public works cannot determine whether it is equally protective, if the director of public works determines that substantial reasons exist for approving the requested exception. Substantial reasons may include, but are not limited to:
1. The requirement is not technically feasible;
2. An emergency situation necessitates approval of the exception;
3. No reasonable use of the property is possible unless the exception is approved;
4. The requirement would cause harm or a significant threat of harm to public health, safety and welfare, the environment, or public and private property, or would cause extreme financial hardship, which outweighs its benefits, and the requested exception would not cause significant harm.
D. Public Notice. Public notice of an application for an exception under the criteria set forth in subsections (C)(3) and (C)(4) of this section, and of the director of public works’ decision on the application shall be provided in the manner prescribed for Type II land use decisions, as set forth in Chapter 16.06 PMC.
E. Appeal. Any person aggrieved by a director’s decision on an application for an exception under subsections (C)(3) and (C)(4) of this section may appeal to the hearing examiner’s office by filing an appeal as set forth in Chapter 16.06 PMC.
F. Burden of Proof on Appeal. The city council shall affirm the director’s determinations unless a determination is clearly erroneous. The person requesting an exception shall have the burden of proving, by a preponderance of the evidence, all issues related to justifying the exception. (Ord. 814 §1 (part), 2005).
16.20.110 Violations – Penalties.
Any person, firm, corporations, or association or any agent of any person, firm corporation, or association who violates any provision of this ordinance or any local regulations adopted pursuant thereto shall be guilty of a gross misdemeanor and any violation of any provision of this ordinance of any city regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. (Ord. 814 §1 (part), 2005).