681 Model Stormwater MaintenanceCITY OF YELM
Model Stormwater Maintenance Ordinance
Ordinance No.
Yodel Stormwater Maintenance Ordinance
CITY OF YELM
Model Stormwater Maintenance Ordinance
Ordinance No.
Model Stormwater Maintenance Ordinance
MODEL STORMWATER MAINTENANCE ORDINANCE
Table of Contents
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INTRODUCTION 1
SECTION 1: FINDINGS OF FACT, NEED AND PURPOSE ......................... 1
1.1 Findings of Fact .................. ............................... 1
1.2 Need 2
1.3 Purpose ......................... ..............................2
SECTION 2: DEFINITIONS 2
SECTION 3: GENERAL PROVISIONS ........... ............................... 3
3.1 Abrogation and greater restrictions .... ............................... 3
3.2 Interpretation .................... ............................... 3
SECTION 4: APPLICABILITY ................. ............................... 3
SECTION 5: GENERAL PROVISIONS ........... ............................... 4
5.1 Maintenance
5.2 Minimum standards 4
5.3 Disposal of waste from maintenance activities ........................... 4
5.4 Compliance ...................... ..............................4
SECTION 6: ADMINISTRATION ............... ............................... 4
6.1 Director ......................... ..............................4
6.2 Inspection authority ............... ............................... 5
6.3 Enforcement authority ............. ............................... 5
SECTION 7: INSPECTION PROGRAM .......... ............................... 5
7.1 Inspection ........................ ..............................5
7.2 Procedures ....................... ..............................5
7.3 Inspection schedule ............... ............................... 6
7.4 Inspection maintenance records ...... ............................... 6
7.5 Reporting requirements ............ ............................... 6
SECTION 8: ENFORCEMENT ................. ............................... 6
8.1 General .......................... ..............................6
8.2 Orders .......................... ..............................6
8.3 Abatement or other remedies or penalties and procedure .................. 7
SECTION 9: SEVERABILITY .................. ............................... 7
Model Stormwater Maintenance Ordinance
MODEL STORMWATER MAINTENANCE ORDINANCE
INTRODUCTION
WHEREAS, The Washington State Department of Ecology ( "Ecology) has established minimum
requirements that must be met in order to satisfy requirements under the Puget Sound Stormwater
Program; and
WHEREAS, Ecology has provided a Model Stormwater Maintenance Ordinance and a Model
Stormwater Management Ordinance for adoption or adaptation by local government units to assist
them in satisfying those requirements; and
WHEREAS, the MODEL STORMWATER MAINTENANCE ORDINANCE has been deemed by
the Yelm City Council to be suitable for incorporation into the Yelm Municipal Code ( "YMC ") with
minor changes for conformity with existing policies and provisions of the YMC;
NOW THEREFORE, The City Council of the City of Yelm does ORDAIN AS FOLLOWS:
A new chapter is added to the Yelm Municipal Code, entitled Model Stormwater Maintenance
Ordinance, as follows:
SECTION 1: FINDINGS OF FACT, NEED AND PURPOSE
1.1 Findings of Fact
The City Council of the City of Yelm (which may be referred to herein as the "City" of "Yelm")
hereby finds that:
A. Stormwater facilities are a common feature of urban development.
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.
Model Stormwater Maintenance Ordinance
1.2 Need
The City Council finds that this chapter is necessary in order to ensure maintenance of all stormwater
facilities within the City by setting minimum standards for the inspection and maintenance of
stormwater facilities.
1.3 Purpose
The provisions of this chapter (also referred to herein as "Ordinance ") are intended to:
A. Provide for inspection and maintenance of stormwater facilities in Yelm to provide for an
effective, functional stormwater drainage system.
B. Authorize the City's Director of Public Works, as Director, to require that stormwater
facilities be operated, maintained and repaired in conformance with this Ordinance.
C. Establish the minimum level of compliance which must be met.
D. Guide and advise all who conduct inspection and maintenance of stormwater facilities.
SECTION 2: DEFINITIONS
For the purposes of this chapter, the following definitions shall apply:
A. "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, and
have been approved by Ecology. BMPs are listed and described in the Manual.
B. "Director" means the Director of Public Works.
C. "Inspector" means a public works employee designated from time to time for that purpose
by the Director.
D. " 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.
E. "Person" and "Owner" shall have the same meanings as in YMC 9.44.010 and chapter 1.04
YMC and any cooperative, and also include any agency or unit of state or local government
F. "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.
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G. " 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.
H. "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, catchbasins,
oil/water separators, sediment basins and modular pavement.
I. " 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 the Washington State Department of Ecology ( "Ecology ")].
J. "City" means the City of Yelm.
SECTION 3: GENERAL PROVISIONS
3.1 Abrogation and greater restrictions
It is not intended that this chapter repeal, abrogate, or impair any existing regulations, easements,
covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail unless prohibited by law.
3,2 Interpretation
The provisions of this chapter shall be held to be minimum requirements in their interpretation and
application and shall be liberally construed to serve the purposes of this chapter.
SECTION 4: APPLICABILITY
When any provision of any other chapter of the Yelm Municipal Code ( "YMC ") conflicts with this
chapter, that which provides more environmental protection shall apply unless specifically provided
otherwise in this chapter.
Model Stormwater Maintenance Ordinance
SECTION 5: GENERAL REQUIREMENTS
5.1 Maintenance required
All stormwater facilities shall be maintained in accordance with this Ordinance and the Stormwater
Management Manual which is hereby adopted by reference. A policy of systematic, routine
preventive maintenance is to be followed insofar as is reasonably possible.
5.2 Minimum standards
The following are the minimum standards for the maintenance of stormwater facilities:
A. Facilities shall be inspected annually and cleared of debris, sediment and vegetation when they
affect the functioning and/or design capacity of the facility.
B. Where lack of maintenance is causing or contributing to a water quality problem, immediate
action shall be taken to correct the problem. Within one (1) month, the Director or his or her
designed inspector shall revisit the facility to assure that it is being maintained.
5.3 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.
5.4 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 Ordinance and the Stormwater Management Manual.
SECTION 6: ADMINISTRATION
6.1 Director
The Director shall administer this Ordinance subject to the supervision by the Mayor or the City
Administrator if so designated by the Mayor. The Director shall have the authority to develop and
implement administrative procedures including written guidelines, consistent with the YMC and
subject to review and approval by the City Council, to administer and enforce this Ordinance.
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6.2 Inspection authority
The Director is directed and authorized to develop an inspection program for stormwater facilities
in the City. Inspections shall be performed by an inspector as defined in this Ordinance.
6.3 Enforcement authority
The Director shall enforce this Ordinance, under the supervision of the Mayor or the City
Administrator if designated by the Mayor.
SECTION 7: INSPECTION PROGRAM
7.1 Inspection
Whenever implementing the provisions of the inspection program or whenever there is cause to
believe that a violation of this Ordinance has been or is being committed, the inspector is authorized
to inspect during regular working hours and at other reasonable times all stormwater drainage
systems within the City to determine compliance with the provisions of this Ordinance.
7.2 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 above, provided the inspection can be conducted while
remaining on public property or other property on which permission to enter is obtained.
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7.3 Inspection schedule
The Director shall establish a master inspection and maintenance schedule for the inspector to inspect
appropriate stormwater facilities that are not owned by the City. Inspections shall be annual. Critical
stormwater facilities may require a more frequent inspection schedule.
7.4 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 form any exemption granted by the City.
C. Operation and maintenance requirements and records of inspections, maintenance actions and
frequencies.
D. Engineering reports, as appropriate.
7.5 Reporting requirements
The Director shall report annually to the Mayor, City Administrator and City 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.
SECTION 8: ENFORCEMENT
8.1 General
Enforcement action shall be taken whenever a person has violated any provision of this Ordinance.
The choice of enforcement action taken and choice of penalties imposed shall be based on the nature
of the violation, the damage or risk to the public or to public resources, and the existence or non-
existence of bad faith of the persons subject tot he enforcement action.
8.2 Order
The Director shall have the authority to issue to an owner, as that term is defined herein, an order to
maintain or repair a component of a stormwater facility or BMP to bring it into compliance with this
Ordinance, the Stormwater Manual and /or City regulations. The order shall include:
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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.
8.3 Abatement or Other Remedies or Penalties and Procedures
Unless otherwise provided or required by this chapter or other City ordinance, all enforcement
procedures and measures, including abatement and other remedies and penalties and appeals, shall
be as provided for nuisances or other violations in Chapter 9.48 YMC. For purposes of this section,
a violation of this chapter may be treated as a public nuisance, and an order issued by the Director
under section 8.2 may be issued, served, and enforced in the same manner as a notice of abatement
under those provisions. The Director is authorized and directed to adapt existing forms or adopt new
forms to conform with specific needs under this chapter.
In the case of conflict between this chapter and any other ordinance, this chapter shall control unless
there is a clearly expressed or implied contrary intent of the City's legislative body, or conflicting
statutory requirement.
SECTION 9: SEVERABILITY
If any provision of this Ordinance or its application to any person, entity, or circumstance is held
invalid, the remainder of this Ordinance or the application of the provision to other persons, entities,
or circumstances shall be be affected.
PASSED by the Yelm City Council this `� day of November, 1999.
Ka&yn M. Clf, Mayor
Attest:
Agnes Bennick, Clerk/Treasurer
Passed and Approved: November 23, 1999
Published: December 3, 1999
Effective Date: December 8, 1999
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