Chapter 13.10 STORMWATER MANAGEMENT AND FACILITY MAINTENANCE

B. In order to function properly so that they will perform as designed to prevent or remove pollution and/or to reduce flooding, stormwater facilities must be regularly inspected and maintained.

C. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and groundwater.

D. If not adequately maintained, stormwater facilities could fail and cause considerable damage to the public. [Ord. 385 § 1.1, 1999.]

13.10.030 Need.

The council finds that this article is necessary in order to ensure maintenance of all stormwater facilities within the town by setting minimum standards for the inspection and maintenance of stormwater facilities. [Ord. 385 § 1.2, 1999.]

13.10.040 Purpose.

The provisions of this article are intended to:

A. Provide for inspection and maintenance of stormwater facilities in town to provide for an effective, functional stormwater drainage system.

B. Authorize the town council to require that stormwater facilities be operated, maintained and repaired in conformance with this article.

C. Establish the minimum level of compliance which must be met.

D. Guide and advise all who conduct inspection and maintenance of stormwater facilities. [Ord. 385 § 1.3, 1999.]

13.10.050 Definitions.

For the purposes of this article, the following definitions shall apply:

“Best management practice” or “BMP” means physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the Stormwater Management Manual.

“Interflow” means that portion of precipitation that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface; for example, in a wetland, spring or seep.

“Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel, or a constructed infiltration facility.

“Stormwater drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

“Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins and modular pavement. Stormwater facilities are described in the Manual.

“Stormwater Management Manual” or “Manual” means the Manual adopted by reference and prepared by Ecology that contains BMPs to prevent or reduce pollution (or a technically equivalent Manual approved by Ecology). The Stormwater Management Manual contains BMPs to prevent or reduce pollution and maintenance provisions for all BMPs. [Ord. 385 § 2, 1999.]

13.10.060 General provisions.

A. Abrogation and Greater Restrictions. It is not intended that this article repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this article imposes greater restrictions, the provisions of this article shall prevail.

B. Interpretation. The provisions of this article shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this article. [Ord. 385 § 3, 1999.]

13.10.070 Applicability.

A. More Strict Prevails. When any provision of any other ordinance of the town of Yacolt conflicts with this article, that which provides more environmental protection shall apply unless specifically provided otherwise in this article.

B. Written Procedures. The town of Yacolt’s mayor or a designee is authorized to adopt written procedures for the purpose of carrying out the provisions in this article. [Ord. 385 § 4, 1999.]

13.10.080 Maintenance required.

All stormwater facilities shall be maintained in accordance with this article and the Stormwater Management Manual. Systematic, routine preventive maintenance is preferred. [Ord. 385 § 5.1, 1999.]

13.10.090 Minimum standards.

The following are the minimum standards for the maintenance of stormwater facilities:

A. Facilities shall be inspected quarterly and cleared of debris, sediment, and vegetation when it affects the functioning and/or design capacity of the facility.

B. Grassy swales and other biofilters shall be inspected monthly and mowed or replanted as necessary. Clippings are to be removed and properly disposed of.

C. Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the public works supervisor shall revisit the facility to assure that it is being maintained. [Ord. 385 § 5.2, 1999.]

13.10.100 Disposal of waste from maintenance activities.

Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Chapter 173-303 WAC. [Ord. 385 § 5.3, 1999.]

13.10.110 Compliance.

Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this article and the Stormwater Management Manual. [Ord. 385 § 5.4, 1999.]

13.10.120 Administration.

A. Director. The town of Yacolt’s mayor or a designee/inspector shall administer this article and shall be referred to as the director. The director shall have the authority to develop and implement administrative procedures to administer and enforce this article.

B. Inspection Authority. The mayor or designee is directed and authorized to develop an inspection program for stormwater facilities in the town of Yacolt.

C. Enforcement Authority. The mayor shall enforce this article. [Ord. 385 § 6, 1999.]

13.10.130 Inspection program.

Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this article has been or is being committed, the public works supervisor is authorized to inspect during regular working hours and at other reasonable times all stormwater drainage systems within the town to determine compliance with the provisions of this article. [Ord. 385 § 7.1, 1999.]

13.10.140 Procedures.

Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection and request entry.

A. If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

B. If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

C. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property or unless conditions are reasonably believed to exist which create imminent hazard, the inspector shall obtain a search warrant, prior to entry, as authorized by the laws of the state of Washington.

D. The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection C of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. [Ord. 385 § 7.2, 1999.]

13.10.150 Inspection schedule.

The director shall establish a master inspection and maintenance schedule to inspect appropriate stormwater facilities that are not owned by the town of Yacolt. Inspections shall be annual. Critical stormwater facilities may require a more frequent inspection schedule. [Ord. 385 § 7.3, 1999.]

13.10.160 Inspection and maintenance records.

As existing stormwater facilities are encountered, they shall be added to the master inspection and maintenance schedule. Records of new stormwater facilities shall include the following:

A. As-built plans and locations.

B. Findings of fact from any exemption granted by the local government.

C. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies.

D. Engineering reports, as appropriate. [Ord. 385 § 7.4, 1999.]

13.10.170 Reporting requirements.

The public works supervisor shall report annually to the town council about the status of the inspections. The annual report may include, but need not be limited to, the proportion of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. [Ord. 385 § 7.5, 1999.]

13.10.180 Enforcement – General.

Enforcement action shall be taken whenever a person has violated any provision of this article. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action. [Ord. 385 § 8.1, 1999.]

13.10.190 Orders.

The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this article, the Stormwater Management Manual and/or town regulations. The order shall include:

A. A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

B. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

C. A reasonable time to comply, depending on the circumstances. [Ord. 385 § 8.2, 1999.]

13.10.200 Civil penalty.

A person who fails to comply with the requirements of this article or who fails to conform to the terms of an approval or order issued shall be subject to a civil penalty.

A. Amount of Penalty. The penalty shall not be less than $50.00 or exceed $250.00 for each violation. Each day of continued violation or repeated violation shall constitute a separate violation.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

C. Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the local government. The notice shall describe the violation, the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specific time.

D. Application for Remission of Mitigation. Any person incurring a penalty may apply in writing within 10 days of receipt of the penalty to the town of Yacolt for remission or mitigation of such penalty. Upon receipt of the application, the town council may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.

E. Appeal of Civil Penalty. Persons incurring a penalty imposed by the council may file an appeal with the superior court within 10 days of the receipt of the penalty. [Ord. 385 § 8.3, 1999.]

13.10.210 Penalties due.

Penalties imposed under this article shall become due and payable 30 days after receiving notice of penalty unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 15 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the town may take actions necessary to recover such penalty. [Ord. 385 § 8.4, 1999.]

Article III. Stormwater Service Fees

13.10.220 Residential and institutional surfaces.

The town of Yacolt shall impose stormwater service fee pursuant to RCW 90.03.500, based on residential home or institutional impervious surface square footage within the town limits of the town of Yacolt. A stormwater service fee will be included as a separate charge on monthly bill of water consumption. [Ord. 518 § 1, 2014; Ord. 406 § 2, 2000.]

13.10.230 Stormwater service fees.

A stormwater service fee of $6.00 per residential home or stormwater service fee of $6.00 per 3,000 square feet of commercial or institutional impervious surface will be charged monthly to each resident or property owner within the town of Yacolt. [Ord. 518 § 2, 2014; Ord. 406 § 2, 2000; Ord. 388 § 1, 1999.]

13.10.240 Due date.

Charges for stormwater service fees shall be paid with the water bill on the date due provided in YMC 13.05.220(F) as currently enacted or hereafter amended. [Ord. 406 § 2, 2000; Ord. 388 § 2, 1999.]

13.10.250 Late payment fees.

If payment is not made by the due date, the town will assess a late fee of 10 percent of the amount outstanding. Such late fee shall be in addition to all other remedies available to the town under Washington law. [Ord. 406 § 2, 2000; Ord. 388 § 3, 1999.]

13.10.260 Payment application.

Any payment received which is less than the full amount billed shall be first applied to stormwater service fees, including any in arrears; the remaining shall be applied to water consumption charges. [Ord. 406 § 2, 2000; Ord. 388 § 4, 1999.]