Chapter 15.54A CONSTRUCTION STORM WATER

The purpose of this chapter is to establish minimum construction storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in the City of Sunnyside. This chapter seeks to meet that purpose through the following objectives:

A. To protect the safety and welfare of citizens, property owners, and businesses by minimizing the negative impacts of increased sediment discharges from new land development and redevelopment.

B. To enable the City of Sunnyside to comply with the national pollution discharge elimination system permit, Washington Department of Ecology’s Guidance for UIC Wells That Manage Stormwater, and applicable federal and state regulations.

C. To regulate the contribution of pollutants, especially sediment, to the MS4 or UICs by storm water discharges from development and redevelopment.

D. To protect the condition of state (and U.S.) waters for all reasonable public uses and ecological functions.

E. To provide long-term responsibility for and maintenance of construction storm water BMPs.

F. To facilitate the integration of storm water management and pollution control with other chapters, programs, policies, and the comprehensive plan of the City of Sunnyside.

G. To establish legal authority to carry out all the inspection and monitoring procedures necessary to ensure compliance with this chapter.

H. To facilitate compliance with state and federal standards and permits by owners of construction sites, developments, and permanent storm water BMPs within the City of Sunnyside. [Ord. 2010-3 § 1 (Exh. A § 1.1), 2010.]

15.54A.020 Applicability.

This chapter shall be applicable to all land development, including, but not limited to, site plan applications, subdivision applications, and grading applications, unless exempt pursuant to SMC 15.54A.030. These provisions apply to any new development or redevelopment site within the City of Sunnyside that meets one or more of the following criteria:

A. Land development that disturbs one acre or more through clearing, grading, excavating, or stockpiling of fill material, including the cumulative acreage of the entire project whether in a single or in a multiphase project.

B. Redevelopment that disturbs one acre or more through clearing, grading, excavating, or stockpiling of fill material, including the cumulative acreage of the entire project whether in a single or in a multiphase project.

C. Land development activities that are smaller than the minimum applicable criteria set forth above if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. [Ord. 2010-3 § 1 (Exh. A § 1.2), 2010.]

15.54A.030 Exemptions.

Activities Exempt. The following activities are exempt from this chapter:

A. Public and private development or redevelopment that disturbs less than one acre through clearing, grading, excavating, or stockpiling of fill material, including the cumulative acreage of the entire project whether in a single or in a multiphase project.

B. Construction activities which discharge all storm water and non-storm water to ground water, and have no point source discharge to surface water or a storm sewer system that drains to surface waters of the state. UIC wells must be protected from sediment in runoff generated during construction.

C. Storm water from any site covered under an existing NPDES individual permit in which storm water management and/or treatment requirements are included for all storm water discharges associated with construction activity.

D. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

E. Forest practices regulated under WAC Title 222. Conversions of forest lands to other uses are not exempt. Silvicultural roads that are used to access other land uses subject to this chapter are not exempt.

F. Commercial agriculture practices involving working the land for production. Construction of impervious surfaces is not exempt.

G. Oil and gas field activities such as construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations.

Discharge of sediment or other storm water pollution from an oil or gas field activity is subject to the illicit discharge requirements of Chapter 13.30A SMC.

H. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. [Ord. 2010-3 § 1 (Exh. A § 1.3), 2010.]

15.54A.040 Authority.

This chapter is adopted pursuant to authority conferred by and in accordance with the provisions of the State of Washington Water Pollution Control Law, Chapter 90.48 RCW, and the Federal Water Pollution Control Act (the Clean Water Act), Title 33 United States Code, Section 1251 et seq. [Ord. 2010-3 § 1 (Exh. A § 1.4), 2010.]

15.54A.050 Compatibility with other permit and code requirements.

This chapter is not intended to interfere with, abrogate, or annul any other chapter, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other code section, rule or regulation, statute, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. [Ord. 2010-3 § 1 (Exh. A § 1.5), 2010.]

15.54A.060 Severability.

If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. [Ord. 2010-3 § 1 (Exh. A § 1.6), 2010.]

15.54A.070 Liability.

A. Any person who undertakes or causes to be undertaken any land development shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving waters. The requirements of this chapter are minimum standards and a person’s compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize pollution of receiving waters.

B. By approving a plan under this regulation, the City of Sunnyside does not accept responsibility for the design, installation, and operation and maintenance of storm water BMPs. [Ord. 2010-3 § 1 (Exh. A § 1.7), 2010.]

15.54A.080 Authority designated.

The Public Works Director of the City of Sunnyside Public Works Department is hereby authorized and designated as the official responsible for the enforcement and administration of this chapter. The Public Works Director may designate employees within his division to act on his behalf. The use of the terms “storm water authority,” “administrative authority,” “code official,” “authority having jurisdiction” and similar such terms as contained in this chapter and in the codes and standards adopted by reference under this chapter shall be construed as referring to the Public Works Director of the City of Sunnyside Public Works Department and his or her designees. [Ord. 2010-3 § 1 (Exh. A § 1.8), 2010.]

15.54A.090 Design manuals.

A. The Public Works Director will utilize information, including technical specifications of the latest edition of the Stormwater Manual for Eastern Washington (or approved local equivalent), or another technical storm water manual approved by Ecology, as the basis for decisions about design, implementation, maintenance, and performance of structural and nonstructural post-construction storm water BMPs. The Stormwater Management Manual for Eastern Washington (or approved local equivalent) includes a list of acceptable storm water treatment practices, including specific design criteria for each storm water practice. Use of BMPs from other technical storm water manuals approved by Ecology shall be consistent with the City of Sunnyside climate, soils, and specific site conditions appropriate for said BMP use. Storm water practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the Eastern Washington NPDES Phase II Municipal Stormwater Permit requirements.

B. Use of BMPs not designed, constructed, and maintained in accordance with manuals identified in subsection (A) of this section shall be subject to Public Works Director approval and must be monitored for performance to demonstrate that they meet the minimum water quality performance standards of the Eastern Washington NPDES Phase II Municipal Stormwater Permit requirements. [Ord. 2010-3 § 1 (Exh. A § 1.9), 2010.]

15.54A.100 Amendments to design manuals.

A. The Stormwater Management Manual for Eastern Washington (or approved local equivalent) may be updated and expanded from time to time, based on advancements in technology and engineering, improved knowledge of local conditions, or local monitoring or maintenance experience. The most current version of the Stormwater Management Manual for Eastern Washington (or approved local equivalent) is to be used where referenced by this chapter.

B. Prior to amending or updating the design manual, proposed changes shall be publicized and made available for review, and an opportunity for comment by interested persons shall be provided.

C. If the specifications, guidelines, or other information in the Stormwater Management Manual for Eastern Washington (or approved local equivalent) are amended subsequent to the submittal of an application for approval pursuant to this chapter but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this chapter with regard to the application. If the application has been approved and all fees paid prior to the manual being amended, the application will not be required to undergo further review using the amended information. [Ord. 2010-3 § 1 (Exh. A § 1.10), 2010.]

15.54A.110 Right of entry.

The provisions concerning right of entry set forth in SMC 13.30A.090 are hereby adopted and incorporated into this chapter and apply with equal force for any actions taken pursuant to this chapter. [Ord. 2010-3 § 1 (Exh. A § 1.11), 2010.]

Article II. Definitions

15.54A.200 Definitions.

“Applicant” means a person, party, firm, corporation, or other legal entity that proposes a development, construction or use on a site.

“Best management practices (BMPs)” means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment systems, operating procedures, and practices to control: storm water associated with construction activity, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

“Certified erosion and sediment control lead” or “CESCL” means a person who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology.

“Channel” or “waterway” means an open conduit, either naturally or artificially created, which periodically or continuously contains moving water, or which forms a connecting link between two bodies of water.

“Clearing” or “site clearing” means the removal of timber, brush, grass, ground cover or other vegetative matter from a site.

“Common plan of development” means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules, but still under a single plan. Examples include: phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; and projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility. If the project is part of a common plan of development or sale, the disturbed area of the entire plan shall be used in determining permit requirements.

“Detention” means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

“Development” means new development, redevelopment, or both. See definitions for each.

“Ecology” means the Washington State Department of Ecology.

“Erosion and sediment control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site.

“Erosion and sediment control BMPs” means BMPs that are intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, sediment traps, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs.

“Finish grade” means the final grade of the site which conforms to an approved plan.

“Grading” means any excavation, filling, or combination thereof.

“Impaired waters” means those streams, rivers and lakes that currently do not meet their designated use classification and associated water quality standards under the Clean Water Act and listed on the most current State of Washington 303(d) list.

“Land development” or “development” means the division of land into lots or parcels in accordance with the City of Sunnyside subdivision regulations, and any clearing, excavation, dredging, drilling, filling, dumping, removal of earth and mineral materials, or other permanent or temporary modification of a site up to, but not including, construction as defined in this chapter. For the purpose of this chapter, “development” also means any manmade change to improved or unimproved real estate located within the special flood hazard area, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling, temporary or permanent storage of equipment and works defined in this chapter.

“Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity.

“Municipal separate storm sewer system” or “MS4” means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains): (1) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State Law) having jurisdiction over disposal of wastes, storm water, or other wastes, including special districts under State Law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States; (2) designed or used for collecting or conveying storm water; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. In the County, the MS4 is that portion regulated by the Eastern Washington Phase II Municipal Stormwater Permit.

“National pollutant discharge elimination system” or “NPDES” means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 318, 402, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology.

“New development” means land disturbing activities, including Class IV general forest practices development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development.

“Non-storm water discharge” means any discharge to the storm drain system that is not composed entirely of storm water.

“Owner(s)” or “property owner(s)” means the legal owner or owners of the property. As used herein, owner also refers to, in the appropriate context: (1) any other person authorized to act as the agent for the owner; (2) any person who submits a storm water management concept or design plan for approval or requests issuance of a permit, when required, authorizing land development to commence; and (3) any person responsible for complying with an approved storm water management design plan.

“Point source” means any discernible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to surface waters of the state. This term does not include return flows from irrigated agriculture.

“Project site” means that portion of a property, properties, or right-of-way subject to land disturbing activities, and new or replaced impervious surfaces.

“Public development” or “public” as used in this chapter shall mean any land development or redevelopment upon any real property, or interest therein, belonging to the City of Sunnyside or a trust or authority of which the City of Sunnyside is a beneficiary. Public development shall also include private development whenever all or a portion thereof will eventually be dedicated or provided for ownership, operation and/or maintenance to the City of Sunnyside or a public trust or authority of which the City of Sunnyside is a beneficiary.

“Receiving stream or receiving water” means bodies of water or surface water systems to which surface runoff is discharged via a point source of storm water or via sheet flow.

“Redevelopment” means on a site that is already substantially developed, the replacement or improvement of impervious surfaces, including buildings and other structures, and replacement or improvement of impervious parking and road surfaces, that is not part of a routine maintenance activity. (Any new impervious surfaces created by a redevelopment project are subject to the requirements for new development.)

“Responsible party” means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, agents, or assigns that is named on a storm water maintenance agreement as responsible for long-term operation and maintenance of one or more storm water BMPs.

“Rough grade” means a stage where grade conforms approximately to an approved plan.

“Sediment control” means measures that prevent eroded sediment from leaving the site.

Site. See “Project site.”

“Source control BMPs” means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering storm water. A few examples of source control BMPs are erosion control practices, maintenance of storm water facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump.

“Stabilization” means the use of practices that prevent exposed soil from eroding.

“Stop work order” means an order issued that requires that all construction activity on a site be stopped.

“Storm water authority” means the department or agency, and its authorized agents, which is responsible for coordinating the review, approval, and permit process as defined by this chapter.

“Storm water management” means the use of structural or nonstructural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

“Storm water pollution prevention plan” or “SWPPP” or “construction SWPPP” means a set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.

“Storm water runoff” or “storm water” means runoff during and following precipitation and snowmelt events, including surface runoff, drainage and interflow.

“Stream” means an area where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the passage of water including, but not limited to, hydraulically sorted sediments, or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year-round. This definition is not meant to include irrigation ditches, canals, storm water runoff devices or other entirely artificial watercourses, unless they are used to convey streams naturally occurring prior to construction. Those topographic features that resemble streams but have no defined channels (i.e., swales) shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development.

“Structure” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

“Watercourse” means any regulated body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the Washington Department of Ecology.

“Waters of the state” includes those waters as defined as “waters of the United States” in 40 CFR 122.2 within the geographic boundaries of Washington State and “waters of the state” as defined in Chapter 90.48 RCW which includes: lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and water courses within the jurisdiction of the State of Washington.

Waterway. See “Channel.” [Ord. 2010-3 § 1 (Exh. A § 2), 2010.]

Article III. Construction Storm Water Pollution Prevention Plan (SWPPP)

15.54A.300 Construction SWPPP required.

A. Projects meeting the regulatory threshold shall prepare, submit, and implement a storm water pollution prevention plan (SWPPP) for construction activity. The SWPPP shall be implemented beginning with initial soil disturbance and continue until final stabilization.

B. Each SWPPP shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee.

C. Each SWPPP shall include a statement that any land clearing, construction, or development involving the movement of earth shall be in accordance with the SWPPP and that a certified erosion and sediment control lead (CESCL) shall be on site or on call on all days when construction or grading activity takes place.

D. SWPPP Compliance. SWPPP compliance may be obtained in one of four ways, as follows:

1. Preparation, submittal and implementation of a construction SWPPP in accordance with SMC 15.54A.310.

All such projects shall provide a copy of the construction SWPPP, including an anticipated schedule, to the Public Works Director at least one working day before any land disturbing activity.

2. Preparation and implementation of a SWPPP developed in accordance with the requirements of Ecology’s General NPDES Permit for Stormwater Discharges Associated with Construction Activities.

All such projects shall provide a copy of the construction SWPPP prepared in accordance with Ecology requirements, including an anticipated schedule, to the Public Works Director at least one working day before any land disturbing activity.

3. Public and private development or redevelopment that qualify for and obtain an erosivity waiver in accordance with requirements of the Washington State Department of Ecology General NPDES Permit for Stormwater Discharges Associated with Construction Activities.

4. Public and private development or redevelopment that qualify for and obtain an erosivity waiver in accordance with the following:

a. The erosivity waiver contains the following conditions:

i. The total acres to be disturbed within the entire construction project or common plan of development does not exceed five acres; and

ii. Calculation of Erosivity “R” Factor. The project’s rainfall erosivity factor (“R” Factor) must be less than five during the period of construction activity, as calculated using the Texas A&M University online rainfall erosivity calculator at: http://ei.tamu.edu/. The period of construction activity begins at initial earth disturbance and ends with final stabilization; and, in addition

iii. Operators must submit a complete erosivity waiver certification statement at least one week prior to commencing land disturbing activities. Certification must include:

(A) A statement that the operator will comply with applicable local storm water requirements; and

(B) A statement that the operator will implement appropriate erosion and sediment control BMPs to prevent violations of water quality standards;

iv. This waiver is not available for facilities declared a significant contributor of pollutants by Ecology;

v. The project has no other discharges including, but not limited to, excavation dewatering, wash waters and hydrostatic test waters;

b. Appropriate erosion and sediment control BMPs be implemented to prevent violations of water quality standards; and

c. Discharge of sediment or other pollutants from a construction site qualifying under an erosivity waiver is subject to the illicit discharge chapter of City of Sunnyside, Chapter 13.30A SMC.

5. For projects subject to Chapter 16.16A SMC, a construction SWPPP or erosivity waiver prepared in accordance with this chapter is required as part of the storm water site plan. [Ord. 2010-3 § 1 (Exh. A § 3.1), 2010.]

15.54A.310 Construction SWPPP elements.

A. The construction SWPPP shall include the 12 elements of a construction SWPPP. Guidance for design and implementation of the 12 elements in a construction SWPPP are found in the Stormwater Management Manual for Eastern Washington dated 2004 (or approved local equivalent).

1. Preserve Vegetation/Mark Clearing Limits.

a. Prior to beginning land disturbing activities, including clearing and grading, clearly mark all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area.

b. The duff layer, native top soil, and natural vegetation shall be retained in an undisturbed state to the maximum degree practicable.

2. Establish Construction Access.

a. Construction vehicle access and exit shall be limited to one route, if possible.

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

c. Wheel wash or tire baths shall be located on site, if the stabilized construction entrance is not effective in preventing sediment from being tracked onto public roads.

d. If sediment is tracked off site, public roads shall be cleaned thoroughly at the end of each day, or more frequently during wet weather. Sediment shall be removed from roads by shoveling or pickup sweeping and shall be transported to a controlled sediment disposal area.

e. Street washing is allowed only after sediment is removed in accordance with subsection (A)(2)(d) of this section. Street wash wastewater shall be controlled by pumping back on site or otherwise be prevented from discharging into systems tributary to waters of the state.

3. Control Flow Rates.

a. 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, as required by local plan approval authority.

b. Where necessary to comply with subsection (A)(3)(a) of this section, storm water retention or detention facilities shall be constructed as one of the first steps in grading. Detention facilities shall be functional prior to construction of site improvements (e.g., impervious surfaces).

c. If permanent infiltration ponds are used for flow control during construction, these facilities shall be protected from siltation during the construction phase.

4. Install Sediment Controls.

a. Storm water runoff from disturbed areas shall pass through a sediment pond or other appropriate sediment removal BMP, prior to leaving a construction site or prior to discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but shall meet the flow control performance standard of subsection (A)(3)(a) of this section.

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

c. BMPs intended to trap sediment on site shall be located in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages.

5. Stabilize Soils.

a. 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.

b. No soils shall remain exposed and unworked for more than the time periods set forth below to prevent erosion:

i. For areas with mean annual precipitation 12 inches or greater:

(A) During the dry season (July 1 – September 30): 10 days;

(B) During the wet season (October 1 – June 30): five days;

ii. For areas with mean annual precipitation less than 12 inches:

(A) During the dry season (July 1 – September 30): 30 days;

(B) During the wet season (October 1 – June 30): 15 days.

c. Soils shall be stabilized at the end of the shift before a holiday or weekend if needed based on the weather forecast.

d. Soil stockpiles shall be stabilized from erosion, protected with sediment trapping measures, and, where possible, be located away from storm drain inlets, waterways, and drainage channels.

6. Protect Slopes.

a. Design and construct cut and fill slopes in a manner that will 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 (e.g., track walking).

b. Off-site storm water (run-on) or groundwater shall be diverted 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.

c. At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion. Temporary pipe slope drains and channels shall handle the expected peak flow velocity from a six-month, three-hour storm for the developed condition, referred to as the “short duration storm.”

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

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

7. Protect Drain Inlets.

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

b. Inlet protection devices shall 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).

8. Stabilize Channels and Outlets.

a. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the following expected peak flows:

i. Channels shall handle the expected peak flow velocity from a six-month, three-hour storm for the developed condition, referred to as the “short duration storm.”

b. 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.

9. Control Pollutants.

a. All pollutants, including waste materials and demolition debris, that occur on site shall be handled and disposed of in a manner that does not cause contamination of storm water.

b. Cover, containment, and protection from vandalism shall be provided 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 shall include secondary containment.

c. Maintenance, fueling, and repair of heavy equipment and vehicles shall be conducted using spill prevention and control measures. Contaminated surfaces shall be cleaned immediately following any spill incident.

d. Wheel wash or tire bath wastewater shall be discharged to a separate on-site treatment system or to the sanitary sewer with local sewer district approval.

e. Application of 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’ label requirements for application rates and procedures shall be followed.

f. BMPs shall be used to prevent or treat 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. Responsible parties shall adjust the pH of storm water if necessary to prevent violations of water quality standards.

g. Responsible parties shall obtain written approval from Ecology prior to using chemical treatment, other than CO2 or dry ice to adjust pH.

10. Control Dewatering.

a. Foundation, vault, and trench dewatering water, which have 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.

b. Clean, nonturbid dewatering water, such as well-point ground water, can be discharged to systems tributary to, or directly into surface waters of the state, as specified in Ecology’s Construction Stormwater General Permit (November, 2005) at S9.D.8, provided the dewatering flow does not cause erosion or flooding of receiving waters. Clean dewatering water should not be routed through storm water sediment ponds.

c. Other dewatering disposal options may include:

i. Infiltration;

ii. Transport off site in a vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters;

iii. Ecology-approved on-site chemical treatment or other suitable treatment technologies;

iv. Sanitary sewer discharge with local sewer district approval, if there is no other option; or

v. Use of a sedimentation bag with outfall to a ditch or swale for small volumes of localized dewatering.

d. Highly turbid or contaminated dewatering water shall be handled separately from storm water.

11. Maintain BMPs.

a. 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.

b. 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.

12. Manage the Project.

a. Development projects shall be phased to the maximum degree practicable and shall take into account seasonal work limitations.

B. Inspection and Monitoring. All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. The SWPPP shall identify an inspection and maintenance schedule for the BMPs contained in the SWPPP. Specific BMP inspection and maintenance guidance is contained in the latest version of the Stormwater Management Manual for Eastern Washington, other Ecology approved storm water manuals, (or approved local equivalent). [Ord. 2010-3 § 1 (Exh. A § 3.2), 2010.]

15.54A.320 Maintenance of the construction SWPPP.

The construction SWPPP shall be retained on-site or within reasonable access to the site. The construction SWPPP shall be modified whenever there is a significant change in the design, construction, operation, or maintenance of any BMP. [Ord. 2010-3 § 1 (Exh. A § 3.3), 2010.]

15.54A.330 Construction SWPPP – Map contents and requirements.

A. The SWPPP shall also include a vicinity map or general location map (e.g., USGS Quadrangle map, a portion of a county or city map, or other appropriate map) with enough detail to identify the location of the construction site and receiving waters within one mile of the site.

B. The SWPPP shall also include a legible site map (or maps) showing the entire construction site. The following features shall be identified, unless not applicable due to site conditions:

1. The direction of north, property lines, and existing structures and roads;

2. Cut and fill slopes indicating the top and bottom of slope catch lines;

3. Approximate slopes, contours, and direction of storm water flow before and after major grading activities;

4. Areas of soil disturbance and areas that will not be disturbed;

5. Locations of structural and nonstructural controls (BMPs) identified in the SWPPP;

6. Locations of off-site material, stockpiles, waste storage, borrow areas, and vehicle/equipment storage areas;

7. Locations of all surface water bodies, including wetlands;

8. Locations where storm water or non-storm water discharges off-site and/or to a surface water body, including wetlands;

9. Location of water quality sampling station(s), if sampling is required by state or local permitting authority; and

10. Areas where final stabilization has been accomplished and no further construction-phase requirements apply. [Ord. 2010-3 § 1 (Exh. A § 3.4), 2010.]

Article IV. Enhanced Criteria for Impaired Waters

15.54A.400 Enhanced criteria for impaired waters.

Construction activity that discharges via the City of Sunnyside MS4 to impaired waters and wetlands with a storm water waste load allocation, as designated in the most recent Eastern Washington Phase II Municipal Stormwater Permit, or individual municipal storm water permit issued to the City of Sunnyside by the Washington State Department of Ecology shall meet enhanced criteria.

A. In these cases, the Public Works Director may require additional storage, treatment, filtering, infiltration, or other techniques. The use of nonstructural practices shall be used to the maximum extent practical to meet enhanced criteria.

B. Where an applicable total maximum daily load (TMDL) specifically precludes or prohibits discharges from construction activity, the applicant is not eligible for discharge to the MS4 under this chapter. [Ord. 2010-3 § 1 (Exh. A § 4.1.1), 2010.]

Article V. Procedures and Requirements

15.54A.500 Application requirements.

Applications shall be submitted and considered in the manner established by the City of Sunnyside, SMC Title 19 and as follows in this article. [Ord. 2010-3 § 1 (Exh. A § 5.1), 2010.]

15.54A.510 Substantive changes to plan.

No substantive changes shall be made to an approved plan without review and written approval by the Public Works Director. The Public Works Director may request additional data with a plan amendment as may be necessary for a complete review of the plan and to ensure that changes to the plan will comply with the requirements of this chapter. [Ord. 2010-3 § 1 (Exh. A § 5.2), 2010.]

15.54A.520 Expiration of plan approval.

The construction SWPPP’s approval expires in one year from the date of approval unless a final plat is recorded or unless work has actually begun on the site. The recordation of a final plat for a section of a subdivision (or initiation of construction in a section) does not vest the approval of the construction SWPPP for the remainder of the subdivision. If the construction SWPPP expires, the applicant shall file with the Public Works Director for re-approval of the construction SWPPP. [Ord. 2010-3 § 1 (Exh. A § 5.3), 2010.]

Article VI. Fees

15.54A.600 Fee authority.

The Public Works Director may obtain with each submission an application fee established by the Public Works Director to cover expenses connected with the review of the construction SWPPP and a technical review fee sufficient to cover professional review services for the project. The Public Works Director is authorized to retain a registered professional engineer or other professional consultant to advise the Public Works Director on any or all aspects of these plans.

A. Applicants must pay review fees before the review process may begin.

B. Application fees are payable at the time of application and are nonrefundable.

C. Application fees shall be calculated by the Public Works Director in accordance with the fee schedule below.

D. These fees are in addition to any other local or state fees that may be charged under any other law, bylaw, or local chapter.

E. When a construction SWPPP is submitted as part of a storm water site plan required by Chapter 16.16A SMC, fees from Chapter 16.16A apply in lieu of fees required by this chapter. [Ord. 2010-3 § 1 (Exh. A § 6.1.1), 2010.]

15.54A.610 Application fees.

A. A nonrefundable application fee shall be due and payable to the City of Sunnyside at the time an application is filed. The application fee will be per the Yakima County fee schedule as provided in Chapter 12.10 of the Yakima County Code for administration, review, inspection, and monitoring for each project. The City of Sunnyside will add an additional $50.00 fee for processing the application.

B. The Public Works Director may require any applicant to pay an additional fee per hour for review, inspection and monitoring services for any project filing that requires an excess number of hours above the time allotment provided for in the base fee as required in subsection (A) of this section for administration, review, inspection, and monitoring time by City of Sunnyside staff member(s). Alternatively, the Public Works Director may adopt reasonable administrative fees and technical review fees for construction storm water pollution prevention plans, administration, review, inspection, and monitoring of projects subject to this chapter. All fees for Yakima County shall be per Chapter 12.10 of the Yakima County Code. [Ord. 2010-3 § 1 (Exh. A § 6.1.2), 2010.]

15.54A.620 Revision of fee schedules and regulations governing fees.

The Public Works Director may review and propose revision to its regulations and fee schedules periodically as it sees fit.

A. Amendments shall be preceded by a public hearing.

B. The schedule of fees and charges proposed by the Public Works Director shall be adopted by the City of Sunnyside City Council and established in this chapter and may be altered or amended only by the City of Sunnyside City Council. [Ord. 2010-3 § 1 (Exh. A § 6.1.3), 2010.]

15.54A.630 Automatic fee schedule adjustment.

Beginning on January 1, 2010, and each successive January 1st thereafter, the Yakima County fee schedule adopted as a part of this title shall automatically be adjusted to account for any change in the consumer price index (CPI) as established by the U.S. Department of Commerce for the Seattle Metropolitan Area. The 12-month period utilized to establish the fee schedule adjustment will be as established by the Department of Commerce for the Seattle CPI. Fees adjusted in this manner may be rounded to the nearest $5.00 increment. This section shall not preclude the City of Sunnyside from modifying the base fee, where the City of Sunnyside City Council finds it necessary to do so. [Ord. 2010-3 § 1 (Exh. A § 6.1.4), 2010.]

Article VII. Inspection

15.54A.700 Storm water authority inspections and notification.

The Public Works Director or designated agent shall make at least one inspection during construction and shall notify the responsible party wherein the work fails to comply with the SWPPP. The SWPPP and inspection record shall be maintained at the site during the progress of the work.

The responsible party shall notify the Public Works Director one working day before beginning land disturbing activity and whenever the construction schedule in the SWPPP changes. [Ord. 2010-3 § 1 (Exh. A § 7.1), 2010.]

15.54A.710 Responsible party inspection.

The responsible party or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule identified in the approved SWPPP. The purpose of such inspections will be to determine the overall effectiveness of the SWPPP and the need for additional control measures. All inspections shall be documented in written form and submitted to the Public Works Director at the time interval specified in the approved SWPPP. [Ord. 2010-3 § 1 (Exh. A § 7.2), 2010.]

Article VIII. Violations, Enforcement and Penalties

15.54A.800 Violations, enforcement and penalties.

Subject to the provisions in Chapter 13.30A SMC. [Ord. 2010-3 § 1 (Exh. A § 8), 2010.]