Chapter 9.20
CONSTRUCTION AND POST-CONSTRUCTION STORMWATER
Sections:
9.20.040 General requirements.
9.20.060 Administrative procedures.
9.20.070 Stormwater site plan requirements.
9.20.090 Violations, enforcement, and penalties.
9.20.100 Compatibility with other regulations.
9.20.110 Ultimate responsibility.
9.20.010 Purpose.
The purpose of this chapter is to comply with the Eastern Washington Phase II Municipal Stormwater Permit, safeguard persons, protect property and prevent damage to the environment caused by stormwater runoff from new development and redevelopment. This chapter seeks to meet that purpose through the following specific objectives:
(1) Prevent accelerated soil erosion and control stormwater runoff resulting from earth changes both during and after construction through the use of best management practices.
(2) Eliminate the need for costly maintenance and repairs to roads, embankments, ditches, streams, wetlands, and stormwater control facilities due to inadequate soil erosion and stormwater runoff control.
(3) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.010)
9.20.020 Definitions.
For the purpose of this chapter, the following shall mean:
(1) “BMP” shall mean best management practices as defined by the Stormwater Management Manual for Eastern Washington.
(2) “City” shall mean the city of Wenatchee, Washington, a municipal corporation of the state of Washington, acting by and through its city council, unless such authority shall be delegated to other persons.
(3) “Director” shall mean the city of Wenatchee public works director who is charged with certain duties and responsibilities by this chapter, or any other person the director may appoint.
(4) “Erosivity waiver” shall mean the waiver from the requirement for the city to review the construction stormwater pollution prevention plan as allowed under S5.B.4 of the Eastern Washington Phase II Municipal Stormwater Permit. This waiver does not address the requirements of the Washington State Department of Ecology Construction Stormwater General Permit.
(5) “Municipal separate storm sewer system (MS4)” shall mean the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city of Wenatchee and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sanitary sewage.
(6) “New development” is the conversion of previously undeveloped or pervious surfaces to impervious surfaces and managed landscape areas not specifically exempt under WCC 9.20.030.
(7) “Nonstormwater discharge” shall mean any discharge to the storm drain system that is not composed entirely of stormwater.
(8) “Person” shall mean any individual, association, organization, partnership, firm, corporation or other entity public or private and acting as either the owner or as the owner’s agent.
(8) “Redevelopment” shall mean the replacement or improvement of impervious surfaces on a developed site. All new impervious surfaces added during a redevelopment project are subject to the requirements for new development. The requirements for redevelopment projects apply to impervious surfaces altered or replaced by a redevelopment project.
(9) “Start of construction” shall mean the first land-disturbing activity associated with a development, including land preparation such as grading and filling; installation of streets, utilities, and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
(10) “Stormwater Management Manual for Eastern Washington (SWMMEW)” shall mean the Stormwater Management Manual for Eastern Washington published by the Washington State Department of Ecology and dated September 2004 or latest edition thereof, including any amendments by the city and revisions by the Washington State Department of Ecology. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.020)
9.20.030 Applicability.
(1) This chapter shall be applicable to all public and private new development and redevelopment project applications submitted after December 31, 2017, and projects approved prior to January 1, 2018, which have not started construction by December 31, 2023, that meet one or more of the following thresholds:
(a) Projects disturbing greater than or equal to one acre and to projects of less than one acre that are part of a common plan of development or sale where the disturbed area of the entire plan is greater than or equal to one acre; or
(b) Projects that during construction disturb greater than or equal to one acre.
(2) Partial exemptions or exceptions may be granted in accordance with the SWMMEW. Jurisdiction-wide exceptions to the requirements in the SWMMEW shall be approved by the Washington State Department of Ecology.
(3) The following practices shall be exempted from the requirements of this chapter:
(a) Forest practices regulated under WAC Title 222.
(b) Commercial agriculture practices involving working the land for production.
(c) Oil and gas field activities including construction of drilling sites, waste management pits, access roads, transportation and treatment infrastructure.
(d) Road and parking area preservation and maintenance including:
(i) Pothole and square cut patching;
(ii) Crack sealing;
(iii) Resurfacing with in-kind material without expanding the road prism;
(iv) Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or “chip seal”), asphalt or concrete without expanding the area of coverage;
(v) Shoulder grading;
(vi) Reshaping or regrading drainage systems;
(vii) Vegetation maintenance. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.030)
9.20.040 General requirements.
(1) All new development and redevelopment unless otherwise exempted in accordance with WCC 9.20.030 shall be required to comply with the standards and requirements set forth by this chapter and the:
(a) Public works preapproved plans and policies; and
(b) The most current city of Wenatchee comprehensive stormwater plan as adopted by the city council; and
(c) Stormwater Management Manual for Eastern Washington (SWMMEW).
(2) Preservation of Natural Drainage Systems. Preserve natural drainage systems to the extent possible at the site and if applicable in accordance with Chapter 11.24 WCC.
(3) Stormwater BMPs shall be selected, designed, sized, constructed, operated and maintained in accordance with the latest version of the SWMMEW.
(a) When the technical thresholds/requirements for basic treatment, metals treatment, oil treatment or phosphorus treatment are met, the property owner shall select, design, size, construct, operate and maintain runoff treatment at the site. Basic runoff treatment is required for redevelopment projects creating 5,000 square feet or more PGIS.
(b) New development projects that result in 10,000 square feet or more of new impervious surfaces shall construct stormwater flow control facilities for any discharge of stormwater directly, or through a storm drainage system, into surface water not exempted under the current Eastern Washington Phase II Municipal Stormwater Permit. Redevelopment projects are not required to construct stormwater flow control facilities unless required under a basin plan, federal or state requirement, or WCC 9.20.050(2).
(4) All stormwater BMPs and conveyance systems shall be designed in compliance with all applicable state and federal laws and regulations, including the Federal Clean Water Act and all applicable erosion and sediment control and flood plain regulations. To the extent practical, stormwater facilities shall not be located in areas determined to be jurisdictional waters through Section 404 of the Federal Clean Water Act and/or applicable state regulations (Chapter 79.105 RCW).
(5) The design of stormwater BMPs and conveyance systems shall consider public health, safety, and general welfare. These considerations include, but are not limited to: preventing flooding of structures and travelways; preventing standing water in facilities, manholes, inlets, and other structures in a manner that promotes breeding of mosquitoes; preventing attractive nuisance conditions and dangerous conditions due to velocity or depth of water and/or access to orifices and drops; and preventing aesthetic nuisances due to excessive slopes, cuts and fills, and other conditions.
(6) Construction site operators shall implement and maintain erosion and sediment control BMPs to reduce or eliminate stormwater pollution and shall control all waste, including but not limited to discarded building materials, concrete truck washouts, chemicals, litter, and sanitary waste at construction sites to prevent stormwater pollution and nonstormwater discharges.
(7) Nonstormwater discharges shall not be connected to any new or existing storm drainage system, whether they connect to surface or subsurface systems; this includes drainage originating from inside buildings.
(8) Stormwater facilities that serve multiple lots and/or a combination of lots and roadways shall be maintained by an entity of common ownership and shall have a recorded operations and maintenance agreement as set forth in WCC 9.20.070(1)(g).
(9) The property owner(s) shall be responsible for the continual performance, operation and maintenance of all stormwater facilities in accordance with the standards and requirements of the city and remain responsible for any liability as a result of these duties. The property owner(s) shall maintain a log of maintenance activities. All stormwater facilities, BMPs, O&M plans, and records shall be subject to inspection by the director. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.040)
9.20.050 Local requirements.
The following specific requirements apply to all new development and redevelopment unless exemptions or exceptions are approved in accordance with WCC 9.20.030. These requirements shall be implemented in accordance with the SWMMEW.
(1) New development and redevelopment projects must retain stormwater runoff generated on site for, at a minimum, the 10-year, 24-hour rainfall event as identified in the most current city of Wenatchee comprehensive stormwater plan.
(a) Existing public or private regional stormwater facilities may be used to meet this requirement. The applicant must demonstrate that the regional facility has adequate capacity, provide documentation that the applicant has authorization from the owner(s) to discharge to the facility, and provide documentation of a maintenance and operations agreement for the facility.
(b) Projects meeting one or more of the following criteria may submit a request to the director to be exempted from the requirement to retain the 10-year, 24-hour rainfall event. Requests must clearly state the applicable criteria and be signed by the property owner and a professional engineer justifying the infeasibility based on one or more of the following criteria:
(i) Site/engineering-based conditions: soils that do not allow infiltration of the required volume of stormwater runoff; proximity to a known hazardous waste site or landfill; proximity to a drinking water well or spring; proximity to an on-site sewage system or underground storage tank; setbacks for structures; landslide hazard areas or slopes; seasonal high groundwater; incompatibility with the surrounding drainage system from elevation or location; areas prone to erosion.
(ii) Incompatibility with uses, including protection from spills, contaminated sites or frequently flooded areas.
(iii) Incompatibility with state or federal laws.
(2) Projects located in flow-restricted basins as identified in the most current comprehensive stormwater plan shall construct stormwater flow control facilities in basins where the limiting factor is a restriction on discharge to a controlled rate and retention facilities in basins where connections to the municipal separate stormwater system are not available. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.050)
9.20.060 Administrative procedures.
(1) The city shall review and approve documents required under this chapter and submitted as part of an application for a proposed new development or redevelopment project. Required documents must be approved by the city prior to the start of construction.
(2) If runoff from any new development or redevelopment project will flow to a municipal separate storm sewer system (MS4) or other publicly owned stormwater system, then the applicant shall obtain authorization from the system’s owner to discharge into the system. The director may require the applicant to demonstrate that the system has adequate capacity for any increases in peak flow rates and volumes.
(3) Application Requirements. Applications shall be submitted and considered in the manner established by Wenatchee City Code and/or the director.
(a) Substantive Changes to Plan. No substantive changes shall be made to an approved stormwater site plan without review and written approval by the director. The 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.
(b) Expiration of Plan Approval. The stormwater site plan’s approval expires upon expiration of associated land use or building permits issued by the city or revision of the city’s NPDES permit. 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 stormwater site plan for the remainder of the subdivision. If the stormwater site plan expires, the applicant shall file with the director for reapproval of the stormwater site plan.
(4) Coordination with Other Approvals and Permits.
(a) Approval of Other Permits. No other permits shall be issued for new development or redevelopment projects subject to this chapter without approval of a stormwater site plan.
(b) Other Permits or Approvals May Be Needed. Approvals issued in accordance with this chapter do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from other federal, state, and/or local agencies. If requirements vary, the most restrictive shall prevail. These permits may include, but are not limited to: construction stormwater discharge permits, applicable state and federal permits for stream and wetland impacts, and applicable dam safety permits.
(c) Stormwater Measures within Floodplain. Construction of stormwater measures or facilities within a Federal Emergency Management Agency (FEMA) designated floodplain shall be avoided to the extent possible. When this is unavoidable, all stormwater BMP construction shall be in compliance with all applicable requirements of city of Wenatchee’s critical areas, shorelines, floodway, floodplain and building codes.
(5) The city may assume ownership of privately owned facilities where there is a regional benefit to the utility and if the following conditions have been met:
(a) The stormwater facilities are on a separate tract and all necessary easements or dedications entitling the city to properly operate and maintain the facility have been conveyed to the city;
(b) The director has determined that the 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:
(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; and
(vi) Degradation to the general welfare of the community;
(c) The city has inspected the facility and any construction deficiencies have been repaired at the property owner(s)’ expense;
(d) As-built plans for any permanent stormwater management facilities located on site have been submitted to the city. The plan must show the final design specifications for all stormwater management facilities, meet the criteria for as-built plans in the SWMMEW and be sealed by a registered professional engineer;
(e) The director has declared in writing acceptance of maintenance responsibility by the city;
(f) Provide a Maintenance Bond. Upon completion of the stormwater facility, a bond shall be filed in the minimum amount of $10,000, or such other sum as is established by the director fixing an amount deemed necessary to cover the costs of failure of any part of the stormwater facility or work done occurring within two years following completion. Said bond shall be executed by a surety company authorized to transact a surety business in the state of Washington, and shall be approved as to form by the city attorney. Refer to WCC 11.24.220 and 11.24.230 on forfeiture of surety and/or release of surety; and
(g) The director may terminate the city’s assumption of maintenance responsibilities or decline the acceptance of a facility in writing to the property owner(s) after determining that maintenance by the city 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
(vi) Degradation to the general welfare of the community. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.060)
9.20.070 Stormwater site plan requirements.
A stormwater site plan containing all appropriate information as specified in this section shall be submitted to the city in conjunction with the development or redevelopment project application.
(1) Stormwater Site Plan Content. The stormwater site plan must ensure that the requirements and criteria in this section are being complied with and that opportunities are being taken to minimize adverse stormwater runoff impacts from the project. Stormwater site plans generally contain maps, charts, graphs, tables, photographs, narrative descriptions, explanations, citations to supporting references, a record of all major permit decisions, and other information as may be necessary for a complete review of the plan as determined by the director. Minimum plan contents include:
(a) Common address, parcel number(s), and legal description of site.
(b) Existing Conditions Evaluation. The existing conditions evaluation for topography, right-of-way, property lines; existing easements, drainage patterns and contributory areas, soils, ground cover, presence of critical areas, adjacent areas, existing development, existing stormwater facilities, and adjacent on- and off-site utilities shall include: a topographic map of existing site conditions with the drainage basin(s) boundaries indicated; acreage, soil types and land cover of areas for each sub-basin affected by the project; all perennial and intermittent streams and other surface water features; all existing stormwater conveyances and structural control facilities; direction of flow and exits from the site; analysis of runoff provided by off-site areas upstream of the project site; and methodologies, assumptions, site parameters and supporting design calculations used in analyzing the existing conditions site hydrology.
(i) Site limitations shall be identified, including:
(A) Areas with high potential for erosion and sediment deposition (based on soil properties, slope, etc.);
(B) Locations of sensitive and critical areas (e.g., vegetative buffers, wetlands, steep slopes, floodplains, geologic hazard areas, streams, etc.);
(C) Observation of potential runoff contribution from off-site basins;
(D) Adjacent properties and/or projects that have a history of stormwater problems, noting whether the cause of the problem(s) has been determined; and
(E) Adjacent properties and/or projects where geotechnical investigations have identified shallow bedrock, high groundwater, seasonally perched groundwater, or clay lenses in the substrata.
(c) Geotechnical Site Characterization Report. A geotechnical site characterization report may be required to demonstrate suitability of a site for stormwater disposal. A geotechnical site characterization is required for:
(i) Projects proposing infiltration (dry wells, detention facilities receiving credit for pond bottom infiltration, etc.) or nonstandard drainage systems;
(ii) Projects located within or draining to a problem drainage area, flood-prone basin, or study area as determined by the director;
(iii) Projects with administrative conditions requiring a geotechnical site characterization;
(iv) In areas where there has been a long-standing record of satisfactory performance of standard subsurface disposal facilities and no drainage problems are known to exist, the geotechnical site characterization requirement may be reduced or waived after a formal written request from the project proponent’s engineer has been reviewed and accepted by the director;
(v) When subsurface disposal is proposed:
(A) Test borings and/or test pits are required and shall be located within the footprint of proposed stormwater disposal facilities;
(B) For each facility, a minimum of one subsurface exploration shall be performed for up to 1,200 square feet of disposal area. Another subsurface exploration shall be performed for each additional 15,000 square feet, or fraction thereof, of disposal area. For a linear roadside swale, a minimum of one subsurface exploration shall be performed every 500 feet, staggered on both sides of the road, unless site conditions or test results indicate that additional explorations are necessary. Subsurface explorations and sampling shall be conducted according to applicable standards of the American Society for Testing and Materials (ASTM);
(C) Unless otherwise recommended by the geotechnical engineer, subsurface explorations shall extend to a depth of two to five feet below the stormwater facility.
(d) Permanent Stormwater Control Plan. The description, scaled drawings and design calculations for the proposed post-construction condition shall be identified in a permanent stormwater control plan that shall include:
(i) Drainage Report.
(A) A map and/or drawing or sketch of the stormwater management facilities, including the location of nonstructural site design features and the placement of existing and proposed structural stormwater controls, including design water surface elevations, storage volumes available from zero to maximum head, location of inlets and outlets, location of bypass and discharge systems, and all orifice/restrictor sizes;
(B) A narrative describing how the selected structural stormwater controls will be appropriate and effective; cross-section and profile drawings and design details for each of the structural stormwater controls in the system;
(C) A hydrologic and hydraulic analysis of the stormwater management system demonstrating system performance for all hydraulic, treatment and disposal facilities for applicable design storms, including supporting calculations to show that the facility is designed according to the applicable design criteria (including stage-storage or outlet rating curves, and inflow and outflow hydrographs);
(D) Documentation and supporting calculations to show that the permanent stormwater control plan adequately meets the performance criteria in this chapter; and where applicable
(E) A narrative describing how the permanent stormwater control plan applies all known, available and reasonable source control BMPs and corresponds with any applicable watershed protection plans or total maximum daily load (TMDL) requirements.
(ii) Stormwater Construction Plans. Construction drawings showing elevations and hydraulic grade lines for all existing and proposed stormwater elements including, but not limited to, stormwater drains, pipes, culverts, catch basins, channels, treatment BMPs, retention BMPs, disposal and overflow facilities, and areas of overland flow, as well as rights-of-way, property lines, and existing easements.
(e) Post-Development Downstream Analysis. New development and redevelopment projects that propose to discharge stormwater or upland flow off site are required to submit a downstream analysis report that assesses the potential off-site water quality, erosion, slope stability, and drainage impacts associated with the project and that proposes appropriate mitigation of those impacts. An initial qualitative analysis should extend downstream for the entire flow path from the project site to the receiving water, or up to one mile or to a point where the impact to receiving waters are minimal or nonexistent, as determined by the local jurisdiction. If a receiving water is within one-quarter mile, the analysis should extend within the receiving water to one-quarter mile from the project site. The analysis should extend one-quarter mile beyond any improvements proposed as mitigation. The analysis should extend upstream to a point where backwater effects created by the project cease. Upon review of the qualitative analysis, the director may require that a quantitative analysis be performed.
(f) Construction Stormwater Pollution Prevention Plan. New development and redevelopment projects shall prepare a stormwater pollution prevention plan (SWPPP) for construction activity in accordance with SWMMEW. The construction SWPPP shall be implemented beginning with initial soil disturbance and continue until final stabilization. Stormwater BMPs shall be consistent with the SWMMEW. The plan shall also include information on the sequence/phasing of construction and temporary stabilization measures and temporary structures that will be converted into permanent stormwater controls.
(i) An erosivity waiver may be granted if all of the following requirements are met:
(A) The project will result in the disturbance of less than five acres and the project is not a portion of a common plan of development or sale that will disturb five acres or greater; and
(B) The applicant and contractor have not been subject to enforcement action including but not limited to a notice of noncompliance, notice of violation, or compliance order for violations of Chapter 4.10 WCC or this chapter in the last three years; and
(C) Documentation is provided at least one week prior to commencing land disturbing activities and includes the following documentation:
1. The project’s rainfall erosivity factor is less than five during the period of construction activity as calculated using the Texas A&M University online rainfall erosivity calculator. The period of construction activity begins at initial earth disturbance and ends with final stabilization.
2. The site or facility has not been declared a significant contributor of pollutants.
3. There are no planned construction activities at the site that will result in nonstormwater discharges.
4. A certified statement signed by the operator stating that the operation will comply with applicable local stormwater requirements and will implement appropriate erosion and sediment control BMPs to prevent violations of water quality standards.
(g) Maintenance Agreement and Plan. If a stormwater site plan requires structural or nonstructural measures, the owner(s) shall execute a stormwater maintenance agreement prior to the director granting final approval for the plan, or any plan of development or other development for which a permit is required under this chapter. The agreement shall be recorded in the office of the Chelan County auditor, a note placed on the recorded plat with the auditor’s file number, and shall run with the land.
(i) Required Elements for Maintenance Agreement and Plan. The stormwater maintenance agreement shall be in a form approved by the director, and shall, at a minimum:
(A) Designate Responsible Party. Designate for the land development the owner, governmental agency, or other legally established entity (responsible party) which shall be permanently responsible for maintenance of the structural or nonstructural measures required by the plan.
(B) Pass Responsibility to Successors. Pass the responsibility for such maintenance to successors in title.
(C) Right of Entry for Stormwater Authority. Grant the director the right of entry for the purposes of inspecting all stormwater BMPs at reasonable times and in a reasonable manner; provided, that if such property be occupied and not a public place he shall first present proper credentials, request permission to enter, and state the reason for the request, and if such property is unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the property and request permission to enter. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry. The right of entry authorized for this section extends to any employee, officer, or authorized representative who accompanies or is designated by the director.
(D) Maintenance Plan. The project shall ensure the continued performance of the maintenance obligations required by the plan and this chapter through a maintenance plan (which may be an attachment to the actual maintenance agreement). The plan shall include a list of inspection and maintenance tasks, a schedule for routine inspection and maintenance, actions to be taken when maintenance is required, and other items listed in the SWMMEW.
(ii) Maintenance Access Easements. The applicant must ensure access from public right-of-way to stormwater management facilities and practices requiring regular maintenance at the site for the purpose of inspection and repair. Such access shall be sufficient for all necessary equipment for maintenance activities. Upon final inspection and approval, a plat or document indicating that such easements exist shall be recorded and shall remain in effect even with the transfer of title of the property.
(2) Site Plan Preparation and Certification.
(a) Certification by Plan Preparer. The stormwater site plan shall be prepared by a professional engineer licensed to practice in Washington State and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater BMPs meet the requirements of this chapter.
(b) Certification by Owner. The owner shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1. Formerly 12.10.070)
9.20.080 Right of entry.
(1) Inspection and Sampling. The city shall be permitted to enter and inspect sites subject to regulation under this chapter as often as may be necessary to determine compliance. Inspections may occur before, during and after construction.
(a) The city shall have access to all parts of the site for the purposes of inspection, sampling and examination of discharges to the MS4, and the performance of additional duties as defined by state and federal law.
(b) The city has the right to set up such devices as are necessary to conduct monitoring and/or sampling of the site’s stormwater discharge.
(c) The city has the right to require an owner or occupier of sites to install such sampling and monitoring equipment as the city deems necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the owner or occupier at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the sites shall be promptly removed by the owner or occupier upon the written or oral request of the director and shall not be replaced. The costs of clearing such access shall be paid by the owner or occupier.
(e) Property owner(s) shall upon request provide the director access to all records related to the operation and maintenance of the stormwater facilities and BMPs, including but not limited to stormwater site plans, stormwater pollution prevention plans, and operation and maintenance plans.
(2) Search Warrants. If the director has been refused access to any part of the premises from which a discharge has occurred or is likely to occur, and the director is able to demonstrate probable cause to believe that there may be a violation of this chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek issuance of a search warrant from any court of competent jurisdiction. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.080)
9.20.090 Violations, enforcement, and penalties.
(1) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement in accordance with WCC 4.10.100.
(2) Compensatory Action. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may impose alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, cleanup, or other alternative actions deemed appropriate by the city.
(3) Notice of Violation. Whenever the director finds that any user has violated or is continuing to violate a contract, any provision of this chapter, or an order issued hereunder, the director may serve upon such user written notice of the violation. Within 10 days of receipt of such notice of violation, the user shall submit to the director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the user will take, and the completion dates of each. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(4) Suspension of MS4 Access.
(a) When the city finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the United States which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations and directing the violator to:
(i) Immediately comply with all ordinance requirements; and
(ii) Take such appropriate preventive and corrective action as may be needed to properly address a continuing or threatened violation, including but not limited to immediately halting operations and/or terminating the discharge.
(b) In the event of a discharger’s failure to immediately comply voluntarily with the emergency order, the city may take such steps as deemed necessary to prevent or minimize harm to the MS4 or waters of the United States, and/or endangerment to persons or to the environment, including immediate termination of a facility’s water supply, sewer connection, or other municipal utility services. Issuance of an emergency cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the violator.
(5) Criminal Prosecution. Any person that has violated or continues to violate this chapter two or more times shall be liable to criminal prosecution to the fullest extent of the law, and shall be guilty of a misdemeanor punishable by a fine of not more than $1,000 per violation per day and/or imprisonment for a period of time not to exceed 90 days per violation per day. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
(6) Cost of Abatement of the Violation. The owner of the property or person responsible for the violation will be notified of the cost of abatement, including administrative costs. Payment in full shall be due within 30 days and on the thirty-first day interest may be applied at a rate of eight percent per annum. After 90 days, if payment in full has not been received, a lien may be filed on the property and foreclosed as provided in Chapter 35.67 RCW. The director may approve a payment plan of equal payments evenly spaced over no more than 12 months.
(7) Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter, including but not limited to sampling and monitoring expenses. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2014-02 § 2; Ord. 2010-01 § 1. Formerly 12.10.090)
9.20.100 Compatibility with other regulations.
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.100)
9.20.110 Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.110)
9.20.120 Effective date.
This chapter shall take effect on December 31, 2017. (Ord. 2019-12 § 1 (Exh. A); Ord. 2017-22 § 1; Ord. 2010-01 § 1. Formerly 12.10.120)