Chapter 13.12
STORMWATER SYSTEM
Sections:
13.12.015 Drainage design and erosion control manual.
13.12.020 Stormwater management.
13.12.030 User fees established.
13.12.040 Monthly account fee.
13.12.050 Residential service charges.
13.12.060 User charges for other developed property.
13.12.070 Mobile residence community user charge.
13.12.100 Collection of unpaid service charges.
13.12.005 Intent.
This chapter is enacted as an exercise of the city’s power to protect and preserve the public health, safety, and welfare. Its provisions shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this chapter. The primary obligation of compliance with this chapter is placed upon the person holding title to the property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the city, its officers, employees or agents for any injury or damage resulting from the failure of the person holding title to the property (owner of record) to comply with the provisions of this chapter, or by reason or in consequence of any act or omission to act in connection with the implementation or enforcement of this chapter by the city, its officers, employees, or agents.
(Ord. O2009-018, Added, 01/19/2010)
13.12.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “AKART” means all known, available, and reasonable methods of prevention, control and treatment. See also the state Water Pollution Control Act, RCW 90.48.010 and 90.48.520 as currently enacted and hereafter amended.
B. “Best management practices” or “BMPs” means the best available and reasonable physical, structural, managerial, or behavioral activities that, when used singly or in combination, eliminate or reduce the contamination of surface and/or ground waters of the city.
C. “Clean Water Act” means the federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and any subsequent amendments thereto.
D. “City” means the city of Tumwater, Washington, or, as indicated by the context, city administrator, director or authorized designee.
E. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.
F. “Director” means the public works director and/or designees.
G. “Developed property” means any property on which any alteration has been made that has reduced the ability of the land to absorb rainfall. This includes all activities for which city permits are required, i.e., clearing, grading, filling, surfacing, paving, building construction, landscaping or similar activity.
H. “Ground water” means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geologic formation or structure in which such water stands, flows, percolates, or otherwise moves.
I. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
J. “Hyperchlorinated” means water that contains more than ten mg/liter chlorine.
K. “Illicit discharge” means any direct or indirect nonstormwater discharge to the city’s storm drain system, except as expressly allowed by this chapter.
L. “Illicit connection” means any manmade conveyance that is connected to the city’s storm system without a permit or other form of approval by the director, excluding roof drains and other similar connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the city’s storm system.
M. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surface for purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
N. “Manual” means the current city of Tumwater Drainage Design and Erosion Control Manual, as amended.
O. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by the city of Tumwater;
2. Designed or used for collecting or conveying stormwater;
3. Which is not part of a publicly owned treatment works (POTW); and
4. Which is not a combined sewer.
P. “National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 U.S.C. 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group, or general area-wide basis.
Q. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
R. “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.
S. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: stains, resins, lacquers, paints, varnishes, and solvents; degreasers; drain cleaners; petroleum products, including oil and other automotive fluids; laundry, carpet and/or steam cleaning wastes; soaps, detergents or ammonia; nonhazardous liquid and solid wastes and yard wastes; swimming pool or spa filter backwash; chlorine, bromine or other disinfectants; heated water; chlorinated water with a concentration in excess of 0.1 parts per million (ppm) chlorine; any solid waste, refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; bark and other fibrous materials, not including large woody debris (LWD) in approved restoration projects; landscape wastes, including lawn clippings, leaves and branches; floatables; pesticides, herbicides, and fertilizers; any hazardous substances and/or wastes; flammable or explosive materials; radioactive materials; batteries; acids, alkalis or bases; chemicals not normally found in uncontaminated water; any unauthorized process-associated water; sewage, including recreational vehicle wastes, fecal coliform and pathogens; food or food wastes; animal carcasses; dissolved and particulate metals in excess of naturally occurring amounts; domestic animal wastes; wastes and residues that result from constructing a building or structure, including but not limited to silt, sediment, sand, dirt, concrete, concrete by-products and gravel; and noxious or offensive matter of any kind.
T. “POTW” means any device or system used in treatment of municipal sewage or industrial waste of a liquid nature that is publicly owned.
U. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
V. “Property” means and includes all lands, real estate and development, public and private, including road, street, and highway rights-of-way, and all governmental, tax-exempt, and other property, within the city limits of the city or such other areas as the city storm drainage system may serve under this chapter.
W. “Storm drainage system” and/or “stormwater facility” means publicly or privately owned facilities, including the city’s municipal separate storm sewer system, by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
X. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
Y. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
(Ord. O2009-018, Amended, 01/19/2010; Ord. 1085, Added, 02/03/1987)
13.12.015 Drainage design and erosion control manual.
A. Standards for Stormwater Management. The city adopts the 2010 Drainage Design and Erosion Control Manual, as amended.
B. Authority to Develop and Administer Standards. The public works director shall have full authority to administer the stormwater management program, develop, revise and implement rules and regulations, enforce this chapter and take any other action necessary to implement stormwater management in the city.
1. The director shall develop and administer city standards that relate to best management practices for stormwater management and set threshold requirements for the development of stormwater control facilities.
2. The director is authorized to develop policies that relate to the submission and modification of stormwater, erosion and sediment control plans.
3. The director is authorized to periodically review and revise the best management practices for stormwater management and threshold requirements for the development of stormwater control facilities in order to address improvements in stormwater management, erosion control and treatment techniques to best serve the purpose of this section. Revisions to these standards shall be maintained on file with the public works department.
(Ord. O2010-003, Added, 05/18/2010)
13.12.020 Stormwater management.
A. Illicit Discharges. It is unlawful for any person to throw, drain or otherwise discharge, cause or permit others under its control to throw, drain or otherwise discharge into the city’s stormwater system and/or surface and ground waters any pollutant or material other than stormwater.
B. Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated conditions, unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;
2. Dechlorinated swimming pool and spa discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system;
3. Runoff from lawn/landscape watering is permitted if the amount of runoff is reduced to the maximum extent practical;
4. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street;
5. Dye testing is allowable but requires verbal notification to the city’s public works department at least one working day prior to the date of the test. The Tumwater public works department is exempt from this notice requirement;
6. Nonstormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;
7. Irrigation water from agricultural sources that is commingled with urban stormwater, provided the city has received written notification and the irrigation water does not increase the pollutant load of the receiving urban stormwater; and
8. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the director, which addresses control of such discharges by applying AKART to prevent pollutants from entering surface or ground water.
C. Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the city determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water:
1. Diverted stream flows;
2. Rising ground waters;
3. Uncontaminated ground water infiltration – as defined in 40 C.F.R. C.F.R.(20);
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Air conditioning condensation;
7. Springs;
8. Water from crawl space pumps;
9. Footing drains;
10. Flows from riparian habitats and wetlands; and
11. Discharge from emergency fire fighting activities.
D. Storm Drainage System – Inspections and Maintenance.
1. Maintenance of Stormwater Drainage System by Owners.
a. Any person(s) holding title to a premises for which a stormwater drainage system and BMPs have been required shall be responsible for the continual operation, maintenance and repair of said stormwater facilities and BMPs in accordance with the provisions of this chapter.
b. For privately maintained stormwater facilities, the maintenance requirements specified in this chapter, including the manual, shall be enforced against the owner(s) of the property served by the stormwater facility.
2. Maintenance Agreement Required for Privately Maintained Stormwater Facilities.
a. When applicable, prior to the issuance of a certificate of occupancy, the person(s) holding title to a premises for which a stormwater system has been required shall record a maintenance agreement which guarantees the city that the stormwater facilities shall be properly operated, maintained and inspected. Restrictions set forth in such agreement shall be included in any instrument of conveyance of the premises and shall be recorded with the Thurston County auditor.
b. The director may require the person(s) responsible for existing stormwater facilities, for which the city has not previously received a maintenance agreement, to record a maintenance agreement for the premises.
c. Maintenance agreements shall remain in force for the life of the development, or until the responsibility for the operation and maintenance of the subject stormwater facilities is accepted by the city.
3. City Acceptance of Existing Stormwater Facilities.
a. The city is responsible for the maintenance, including performance and operation, of stormwater facilities which have formally been accepted for maintenance by the director.
b. The city may assume maintenance of privately maintained stormwater facilities only if the following conditions have been met:
i. All necessary easements or dedications entitling the city to properly maintain the stormwater facility have been conveyed to the city;
ii. The director has determined that the stormwater facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
(A) Flooding,
(B) Downstream erosion,
(C) Property damage due to improper function of the facility,
(D) Safety hazard associated with the facility,
(E) Degradation of water quality or in-stream resources, or
(F) Degradation to the general welfare of the community; and
iii. The director has declared in writing acceptance of maintenance responsibility by the city. Copies of this document will be kept on file in the public works department.
c. The director may terminate the city’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
i. Flooding;
ii. Downstream erosion;
iii. Property damage due to improper function of the facility;
iv. Safety hazard associated with the facility;
v. Degradation of water quality or in-stream resources; or
vi. Degradation to the general welfare of the community.
d. A stormwater facility which does not meet the criteria of this section shall be the responsibility of the person(s) holding title to the premises for which the facility was required.
e. Director may recover costs for maintenance activities incurred by the city from the person(s) holding title to the premises served by the stormwater facility.
4. City Inspections of Privately Maintained Stormwater Facilities.
a. The director is authorized to develop and implement an inspection program for privately owned and maintained stormwater facilities in the city. The purpose of this inspection program shall be to determine if said stormwater facilities, conveyance structures and water quality facilities are in good working order and are properly maintained, and to ensure that stormwater quality BMPs are in place and that nonpoint source pollution control is being implemented.
b. As part of the inspection program, or whenever there is cause to believe that a violation of this chapter has been or is being committed, the city is authorized to inspect during regular working hours, or at other reasonable times, any and all stormwater drainage facilities within the city to determine compliance with the provisions of this chapter.
c. When making any inspections, the director or designee shall follow the procedures delineated in subsection (D)(5) of this section.
5. Inspection Procedures.
a. Prior to making any inspections, the city shall present identification, state the reason for the inspection and request entry.
b. If the premises is unoccupied, the city shall make a reasonable effort to locate the person(s) having charge or control of the property or portions of the property and request entry.
c. If, after reasonable effort, the city is unable to locate the person(s) having charge or control of the property, and has reason to believe the condition of the site or of the stormwater drainage system creates an imminent hazard to persons or property, the city may enter.
d. If entry is not consented to by the owner or person(s) in control of the property or portion of the property, and no conditions are reasonably believed to exist which create a risk of imminent hazard, the inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of Washington, the Tumwater municipal court is hereby authorized to issue a warrant permitting the inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a provision of this title has been or is being violated.
e. The inspector may also inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (D)(5)(d) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
E. Illicit Connections – Inspection and Removal.
1. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited.
2. This prohibition expressly includes, without limitation, connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. A person is in violation of this chapter if the person connects a line conveying sanitary sewage to the MS4, or allows such a connection to continue.
4. Any connection identified by the director that could convey anything not composed entirely of surface and stormwater directly into the city’s storm drainage system is considered an illicit connection and is prohibited.
5. When the director has reason to believe that an illicit connection is resulting in an illicit discharge, the director may sample and analyze the discharge and recover the costs from the person(s) responsible for the connection or premises.
F. Administration.
1. General. The director is authorized to implement and enforce the provisions of this chapter. The director will coordinate the implementation and enforcement of this chapter with other city departments.
2. Treatment BMPs. In the event that a person discharges stormwater into a municipal separate storm sewer system (MS4) that is not of a quality that complies with city, county, state, and/or federal requirements, or where determined necessary, water quality-based requirements, the person shall provide necessary source control/stormwater treatment BMPs as required to comply with these requirements.
a. The manual shall be used to select acceptable technologies.
b. Any facility required to treat stormwater to an acceptable level shall be properly operated and maintained at the owner’s expense. Detailed engineering plans and specifications showing the treatment facilities shall be submitted to the city for review, and must be acceptable to the city before construction of the facility. The person responsible for the premises shall obtain all necessary construction/operating permits from the city. Depending upon size and complexity of the treatment facility, the city may find it necessary to require that the facility be run by a qualified operator. Necessary qualifications shall be determined by the city in each individual case. The review of such plans shall in no way relieve the person from the responsibility of modifying its facility as necessary to produce a stormwater effluent acceptable to the city under the provisions of this chapter.
c. Upon completion of the treatment facility, the person responsible for the premises shall furnish its operations and maintenance procedures to the city for review and approval. Any subsequent changes in the treatment facilities or operation and maintenance procedures shall be reported to and be accepted by the city prior to initiation of the changes.
3. Inspection and Sampling. The city may inspect all facilities of any person to determine compliance with the requirements of these regulations. The city shall be allowed to enter upon the premises at all reasonable hours for the purposes of inspection, sampling, or records examination. The city shall have the right to inspect and copy any of the person’s records that are required by, or that relate to, compliance with the terms and conditions of these regulations. The city shall have the right to set up on the person’s property such devices as are necessary to conduct sampling, inspection, compliance monitoring, and/or metering operations.
G. Enforcement.
1. Authorization. The director is authorized to enforce this chapter and any permit, order or approval issued pursuant to this chapter, against any violation or threatened violation thereof. Violations of this chapter shall constitute a public nuisance. The director is authorized to take enforcement action for violations of this chapter including but not limited to illicit discharges and connections, as well as dumping as described in this chapter.
2. Compliance. The director shall attain compliance with this chapter by requiring the implementation and maintenance of BMPs. The director may initially rely on education and informational assistance to gain compliance with this chapter. However, if the director determines a violation poses a hazard to public health, safety, or welfare or endangers any property, the director may demand immediate cessation of unlawful discharges and/or connections and assess penalties for violations. Said penalties shall escalate as necessary to achieve compliance with this chapter.
3. Penalties. The city is authorized to issue violation notices and orders, levy fines, recover costs, issue notices of civil infraction, and/or institute both civil and criminal actions in court. Recourse to any single remedy shall not preclude recourse to any other remedies available to the city.
a. Orders. The city may serve an order of violation of this chapter. The order shall include the following:
i. Owner Information. Name and address of the property owner and/or other person(s) to whom the notice and order is directed.
ii. Description of Violation. The specific nature, extent, and time of violation.
iii. Code Reference. Reference to the provision of code which has been violated.
iv. Corrective Measures. The order may include specific corrective measures to be taken to correct the violation and a date or time by which correction is to be completed.
v. Correction Required. The order shall include a statement that the person(s) to whom the notice is directed must:
(A) Complete correction by the date stated in the notice;
(B) Appeal the notice and order to the hearing examiner within fourteen days as provided in TMC 14.08.030; or
(C) Enter into and comply with a voluntary correction agreement with the city.
vi. Nonaction. The order shall include a statement that if the violation is not corrected, the notice and order not appealed, a voluntary correction agreement not entered or complied with, or hearing examiner order not complied with, a penalty as specified in this chapter shall accrue, and that the violation may be abated by the city and costs assessed against the person(s) as authorized by this chapter.
vii. Service. The notice and order shall be served by personal delivery or mailing a copy by registered or certified mail and/or by posting a copy conspicuously on the affected property, etc. The order issued under this section shall become effective immediately upon personal delivery or posting, or, in the case of mailing, three days after deposited in the U.S. mail.
viii. Civil Penalty. Any person(s) who unlawfully discharges and/or connects into a municipal storm drainage system may be assessed a civil penalty as follows:
(A) The director may assess the owner a civil penalty not to exceed $5,000 for each violation. Each violation or each day or portion of a day of continued unlawful activity shall constitute a separate violation. For a first violation, the civil penalty shall not exceed $1,000; $2,500 for a second violation; and $5,000 for a third and continual violation of this chapter.
(B) Any person(s) who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.
(C) Within fourteen days of receiving the notice of violation, the person may appeal the penalty or action to the hearing examiner as provided in TMC 14.08.030.
b. Recovery of Costs Incurred by the City. In addition to any penalty, any person(s) violating any of the provisions of this chapter, who discharges or causes a discharge which violates the city’s NPDES permit and/or produces a deposit or obstruction or causes damage to or impairs the city’s stormwater system or causes damage to physical, chemical, or biological systems of waters of the state or waters of the United States, shall be liable to the city for any expense, loss, or damage caused by such violation or discharge, including the costs for bringing the city back into compliance with its NPDES permit associated with the violation of these regulations, and any fines levied for violations of the city’s NPDES permit.
c. Abatement by City. The city may perform the abatement required upon noncompliance with the terms of an unappealed notice and order, a voluntary correction agreement, or a final order of the hearing examiner. The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes.
i. Recovery of Abatement Costs. The city shall bill its costs, including incidental expenses, of abating the violation to the person obligated to perform the work under the notice and order, voluntary correction agreement or the hearing examiner’s decision, which costs shall become due and payable thirty days after the date of the bill. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees incurred by the city; costs incurred in documenting the violation; the actual costs and expenses in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. The director, or the hearing examiner, may in his or her discretion waive in whole or part the assessment of any costs of abatement upon a showing that abatement has occurred or is no longer necessary, or that the costs would cause a significant financial hardship for the person(s) responsible for the violation. The city may authorize the use of collection agencies to recover costs. The city attorney is authorized to collect the costs by use of appropriate legal remedies.
ii. Obstruction with Work Prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to carrying out the requirements of a notice and order to correct, voluntary correction agreement, or order of the hearing examiner issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor.
iii. Report to the City Council on Cost of Abatement. Where costs are assessed under this section and the person(s) responsible fails to pay within the thirty-day period, the director shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair, including such salvage relating thereto plus the amount of any outstanding penalties.
(A) A copy of the report and a notice of the time and date when the report shall be heard by the city council shall be served on the person(s) responsible for payment at least five days prior to the hearing before the city council.
(B) The city council shall review the report and such other information on the matter as it receives and deems relevant to the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein.
iv. Assessment Lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the stormwater utility of the city. The lien shall be of equal rank with the state, county and municipal taxes. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within fifteen calendar days after the assessment is placed upon the assessment roll.
d. Violators Punishable by Fine and Imprisonment. Any person who without authorization discharges pollutants into a municipal stormwater system, uses an unapproved connection to discharge into a municipal stormwater system, submits false information in permitting and reporting requirements, violates the terms and conditions of a permit, violates an order issued by the director or designee, fails to pay a civil penalty or cost recovery assessment, or obstructs or damages a municipal storm drainage system shall be deemed guilty of a misdemeanor. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person and shall be punishable as provided for in this chapter. Any person who, through an act of commission or omission, procures, aids, or abets in a violation shall be considered to have committed a violation for the purpose of this section.
e. Injunction and Other Civil Remedies. In addition to any other penalty or method of enforcement, the city attorney may bring civil actions and suits for damages, injunctive relief and/or for other civil remedies as necessary. Any violation of this chapter shall constitute a public nuisance, and may be enjoined as provided by the statutes of the state of Washington.
4. Records Retention. All persons subject to these regulations shall retain and preserve for no less than three years any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to operation, maintenance, monitoring, sampling, and chemical analysis made by or on behalf of a person in connection with its discharge. All records which pertain to matters which are the subject of enforcement or litigation activities brought by the director pursuant to this chapter shall be retained and preserved by the person until all enforcement activities have concluded.
(Ord. O2011-007, Amended, 07/19/2011; Ord. O2009-018, Amended, 01/19/2010; Ord. 1099, Added, 04/07/1987)
13.12.030 User fees established.
There is established a monthly user fee for stormwater service against all developed property within the city for the purposes of providing for the acquisition, design, construction, operation, and maintenance of the city’s stormwater drainage system. The service charges shall be based on the amount of impervious surface on each property.
(Ord. O2009-018, Amended, 01/19/2010; Ord. 1085, Added, 02/03/1987)
13.12.040 Monthly account fee.
Every developed property within the city limits shall pay a stormwater account fee as per the latest established by the fee resolution of the city council.
(Ord. O2009-018, Amended, 01/19/2010; Ord. O99-043, Amended, 12/21/1999; Ord. 1151, Amended, 02/16/1988; Ord. 1085, Added, 02/03/1987)
13.12.050 Residential service charges.
In addition to the monthly account fee described in TMC 13.12.040, all single-family residential units and all duplex-family units shall be considered as receiving equal stormwater drainage service and shall be charged the same monthly service charge, which shall be as per the latest established fee resolution of the city council per living unit per month; provided, that if the amount of impervious area on any such property shall exceed fifty percent of the gross property area, the service charge shall be computed as per TMC 13.12.060.
(Ord. O2009-018, Amended, 01/19/2010; Ord. O99-043, Amended, 12/21/1999; Ord. O95-037, Amended, 12/05/1995; Ord. 1151, Amended, 02/16/1988; Ord. 1085, Added, 02/03/1987)
13.12.060 User charges for other developed property.
In addition to the monthly account fee described in TMC 13.12.040, except as defined in TMC 13.12.050, all other developed properties within the city shall be charged for stormwater drainage service on the basis of the amount of impervious surface on the property in accordance with the latest established fee resolution of the city council. Public and private streets whose principal purpose is the conveyance of vehicular traffic, airport runways and taxiways and agricultural areas are not considered impervious surfaces for purposes of assessing stormwater fees.
(Ord. O2009-018, Amended, 01/19/2010; Ord. O99-043, Amended, 12/21/1999; Ord. O95-037, Amended, 12/05/1995; Ord. 1151, Amended, 02/16/1988; Ord. 1085, Added, 02/03/1987)
13.12.070 Mobile residence community user charge.
In addition to the monthly account fee described in TMC 13.12.040, all mobile residence communities shall be billed based upon the latest adopted fee resolution of the city council.
(Ord. O2009-018, Amended, 01/19/2010; Ord. O99-043, Amended, 12/21/1999; Ord. O95-037, Amended, 12/05/1995; Ord. 1151, Amended, 02/16/1988; Ord. 1085, Added, 02/03/1987)
13.12.100 Collection of unpaid service charges.
A. The city may use all remedies as provided by law for the collection of delinquent stormwater service charges, including the filing of liens, seeking court orders for payment, and/or the termination of other utility services provided by the city to the delinquent property.
B. Resumption of service following termination shall be in accordance with TMC Chapter 13.18.
(Ord. O2009-018, Amended, 01/19/2010; Ord. O95-032, Amended, 10/17/1995; Ord. 1085, Added, 02/03/1987)