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HomeMy WebLinkAboutOrdinance No. 0987 City of Medina Ordinance No. 987 AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON, AMENDING MEDINA MUNICIPAL CODE CHAPTER 20.43, AND REPEALING AND REPLACING IN ITS ENTIRETY MEDINA MUNICIPAL CODE CHAPTER 13.06, RELATING TO STORMWATER SAFETY, CONTROL AND MANAGEMENT; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Medina (“City”) manages its stormwater pursuant to the National Pollution Discharge Elimination System (“NPDES”) Permit administered by the Washington State Department of Ecology; and WHEREAS, the NPDES permit requires the City to take various actions to control and manage inputs into its municipal stormwater system; and WHEREAS, the City recognizes the importance of effective management of stormwater in protecting residents and the surrounding environment; and WHEREAS, City staff have worked over the last eight months to craft an update to the City’s stormwater management code provisions to address requirements in the permit and reorganize the code to achieve City goals of simplicity, consistency, and clarity in its stormwater regulations; and WHEREAS, pursuant to the State Environmental Policy Act (“SEPA”), the City as the designated lead agency for review of the proposed amendment, issued a Determination of Non-Significance on July 14, 2020 pursuant to WAC 197-11-340(2). No appeal of the determination was filed so the determination stands as issued; and WHEREAS, City Council has held three public meetings, a duly noticed legislative hearing, and a duly noticed public hearing on this code update to receive and solicit public comment; and WHEREAS, the City Council finds that adoption of this Ordinance as set forth in Exhibit A and Exhibit B for municipal stormwater control and pollution prevention prevents harm to the health or safety of the public, and promotes the public health, safety and general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, ORDAINS AS FOLLOWS: Section 1. Findings Adopted. The City Council adopts the forgoing recitals as findings in support of this Ordinance. Section 2. Amendment to MMC Chapter 20.43. Chapter 20.43 of the Medina Municipal Code is amended as set forth in Exhibit A, attached and incorporated herein. Section 3. Repeal of MMC Chapter 13.06. Chapter 13.06 of the Medina Municipal Code is repealed in its entirety and replaced as set forth in Section 4 below. Section 4. Replacement of MMC Chapter 13.06. Chapter 13.06 of the Medina Municipal Code is replaced entirely as set forth in Exhibit B, attached and incorporated herein. Section 5. Corrections. The City Clerk and codifiers of the ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after publication. APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 14th DAY OF SEPTEMBER 2020 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14TH DAY OF SEPTEMBER 2020. PUBLISHED:9/21/2020 EFFECTIVE DATE: 9/26/2020 ORDINANCE NO. 987: / AB EXHIBIT A Medina Municipal Code Chapter 20.43 “Land Development Grading and Drainage” 20.43.010 Purpose. The purpose of this chapter is to regulate development activities relating to the modification/alteration of land including grading and drainage activities and stormwater runoff. 20.43.020 Applicability. A. This chapter shall apply to any activity that results in the movement of earth or change in the existing soil topography including the creation and/or replacement of impervious surfaces. These include, but are not limited to, clearing, filling, excavation, and grading. B. All uses and development proposals, including those that do not require a permit, must comply with the requirements of this chapter and the stormwater requirements set forth in Chapter 13.06 MMC. C. Applicable provisions in Chapter 13.06 MMC (Stormwater) shall apply in conjunction with the provisions in this chapter. 20.43.030 Definitions. A. For the purpose of this chapter, the terms in this section shall have the meaning indicated in this section, except where the context clearly indicates a different meaning. B. The definitions in this section shall apply to grading and drainage activities governed under this chapter and shall be used in conjunction with other definitions found in this title. However, these definitions are not intended to replace or alter similar definitions found elsewhere within the Medina Municipal Code except where specifically applied to grading and drainage activities. C. The definitions set forth in the stormwater manual adopted under MMC 13.06.020 are adopted by reference and incorporated into this chapter. D. In addition to the definitions set forth in the manual, for purposes of this chapter the following shall mean: “Bench” means a relatively level step excavated into earth material on which fill is to be placed. “Compaction” means the densification, settlement, or packing of soil in such a way that permeability of the soil is reduced. “Construction stormwater pollution prevention plan (SWPPP)” means a document that describes the potential for pollution problems on a construction project and explains and illustrates the measures to be taken on the construction site to control those problems. Cut. See “Excavation.” "Director” means the city of Medina Public Works Director or designee. “Down drain” means a device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility. “Excavation” means the removal of earth material by artificial means, also referred to as a cut. “Fill” means deposition of earth materials by artificial means. “Impervious surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development; or nonvegetated 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, roof tops, 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 surfaces for the 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. “Key” means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope. “Land disturbing activities” means any activity that result in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land-disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures. “National Pollutant Discharge Elimination System (NPDES)” means the part of the Federal Clean Water Act, which requires point source dischargers to obtain permits. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. “Permanent stormwater control plan (PSC)” means a plan which includes permanent best management practices (BMPs) for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. “Replaced impervious surface” means for structures, the removal and replacement of impervious surfaces down to the foundation and for other impervious surfaces, the removal down to bare soil or base course and replacement. “Slope” means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. “Stormwater site plan” means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. It includes a construction stormwater pollution prevention plan (construction SWPPP) and a permanent stormwater control plan (PSC plan). 20.43.040 Using this chapter. Grading and drainage permit. A. Permit required. A grading and drainage permit is required before any land disturbing activity occurs unless the activity is exempt under MMC 20.43.050. Additional permit requirements may be implemented pursuant to Chapter 13.06 MMC. B. Permit application. In addition to the submittal requirements prescribed in MMC 20.80.080, all applications for grading and drainage shall include the following: 1. Narrative describing the project activity; 2. Site plan containing but not limited to: a. Two-foot existing contours; b. Finished contours, two-foot maximum in all areas; c. Clearing and grading limits; d. Edge of shoreline; if applicable; e. Critical areas and buffers as defined in Chapter 20.50 or 20.67 MMC, if applicable; f. Existing vegetation; g. All existing and proposed impervious surfaces; 3. Temporary erosion and sediment control plan per the requirements stated in the City’s adopted Stormwater Manual per Chapter 13.06.020; 4. Drainage plans prepared by a professional engineer or architect (these may be integrated with the site plan); 5. Drainage technical information report including downstream analysis; 6. Soils report evaluating feasibility of infiltration, unless exempt; 7. Stormwater pollution prevention plan; C. Scope of Review. The scope of the drainage review required for a project is based on project and site characteristics. The director may modify the grading and drainage application submittal requirements to require more or less information as necessary to show compliance with this chapter. This section offers a user’s guide shown in the diagrams below that outlines the process for when to applying the provisions of this chapter to grading and drainage activities. Diagram 20.43.040: Permit Process When a Grading and Drainage Permit is required Diagram 20.43.040(A): New Development Requirements Diagram 20.43.040(B): Requirements for Redevelopment Note: The diagrams in this section is are informational only. The minimum requirements set forth in the stormwater manual adopted under MMC 13.06.020 20.43.200 shall prevail. 20.43.100 050 When a grading and drainage permit is required – Exemptions Activities that do not require a grading and drainage permit. A. Unless exempted in MMC 20.43.050(B), a grading and drainage permit is required to be obtained before any land disturbing activity occurs unless exempt under subsection (B) of this section. B. A grading and drainage permit shall not be required for any of the following: 1. Any excavation, fill or grading activity involving less than 25 cubic yards of earth movement, and less than 2,000 square feet of new and/or replaced impervious surface area, and less than 7,000 square feet of land disturbance area, excluding any excavation, fill or grading activity in a critical area or buffer; 2. Excavation for construction of a structure permitted under the Unified Development Code involving less than 25 cubic yards of earth movement, and less than 2,000 square feet of new and replaced impervious surface area; 3. Refuse disposal sites controlled by other regulations; 4. All excavations for wells for utilities; 5. All excavations for trenches for utilities requiring a right-of-way permit; 6. All excavations for trenches involving less than 50 cubic yards total of excavated earth and imported fill that is subject to only Minimum Requirement No. 2 as prescribed by the manual adopted under MMC 13.06.020 20.43.200; 7. All pavement maintenance practices involving potholes and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road/driveway prism, pavement preservation activities that do not expand the road/driveway prism; provided, that the work does not: a. Remove and replace a paved surface to base course or lower, or involve repairing the pavement base; b. Resurface by upgrading from dirt to a harder surface material including gravel; 8. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties; 9. Exploratory excavations performed under the direction of a registered design professional; 10. A fill less than one foot in depth, and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support any structures, which does not exceed 25 cubic yards on any one lot and does not obstruct a drainage course; 11. A fill for the purpose of improving fish and wildlife habitat, which does not exceed 100 cubic yards on any one lot during any three consecutive year period and which requires approval from the Washington State Department of Fish and Wildlife and/or U.S. Army Corps of Engineers; or 12. Normal and routine maintenance of existing public park properties and private and public golf courses involving excavation and fill totaling less than 1,500 cubic yards over a 12- consecutive-month period. This exemption does not apply to grading in critical areas. C. For purposes of calculating the total yards of earth movement, the following shall be excluded: 1. Any pavement surface materials, excluding any rocks, gravel or other earthen materials used to form a base beneath the paved surface; and 2. Any fill materials used to replace in-kind the amount of earth excavated, provided any fill in excess of the amount of earth excavated shall count towards the total yards of earth movement 20.43.110060 Grading standards. A. Scope. This section applies to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this section and the geotechnical report, the geotechnical report shall govern. B. Excavations. The slope of cut surfaces shall be no steeper than is safe for the intended use, and the slope cut is: 1. No steeper than a two units horizontal to one unit vertical (50 percent slope); or 2. No steeper than one and one-half units horizontal to one unit vertical (67 percent slope) provided: a. It is not intended to support structures or surcharges; b. It is no more than eight feet in depth below the surface of the ground; and c. No ground water is encountered; or 3. A cut surface in bedrock is permitted to be one unit horizontal to one unit vertical (100 percent); or 4. A geotechnical report prepared by a qualified professional justifies a steeper slope. C. Fill: The following shall apply to fill: 1. Fill material shall not include organic, frozen or other deleterious materials; 2. No rock or similar irreducible material greater than 12 inches in any dimension shall be included in fills; 3. All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches in depth; and 4. Maximum slope of the fill surfaces shall be no steeper than is safe for the intended use with fills steeper than two units horizontal to one unit vertical (50 percent slope) requiring a geotechnical report or engineering data to justify prepared by a qualified professional. D. Setbacks from property lines: Cut and fill slopes shall be set back from property lines in accordance with Figure 20.43.110, unless substantiating data is submitted by a qualified professional justifying reduced setbacks. Figure 20.43.110060 Cut and Fill Setbacks E. Grading activities located within critical areas and/or within the shoreline jurisdiction as defined in RCW 90.58.030 shall comply with applicable provisions in Chapter 20.50 (Critical Areas) and 20.60 through 20.67 MMC (Shoreline Master Program). 20.43.200 Stormwater Management Manual adopted. A. The 2012 Stormwater Management Manual for Western Washington, as amended in December 2014, prepared by the Washington State Department of Ecology, is hereby adopted by reference and is hereafter referred to as the “manual.” B. The director may approve amendments to the manual following the procedures set forth in MMC 20.10.050, provided such amendments do not conflict with the Western Washington Phase II Municipal Stormwater Permit. C. All new development, redevelopment, and new construction within the city of Medina shall comply with the requirements of the manual as amended by the director, as well as other requirements described in the Medina Municipal Code. 20.43.210070 Seasonal work limitations. In addition to seasonal clearing limits set forth for landslide and erosion hazard areas in MMC 20.52.200(I)(5) and MMC 20.67.080(I)(5), each year from October 1st through April 30th, clearing, grading, and other soil disturbing activities shall only be permitted if an applicant can demonstrate that silt-laden runoff will be prevented from leaving the site through a combination of the following: A. Site conditions including existing vegetative coverage, slope, soil type and proximity to receiving waters; B. Limitations on activities and the extent of disturbed areas; and/or C. Proposed erosion and sediment control measures. 20.43.220 Minimum stormwater pollution prevention for all projects. A. Projects which result in 2,000 square feet or more of new plus replaced hard surface area, or which disturb 7,000 square feet or more of land area, must prepare a Construction Stormwater Pollution Prevention Plan consistent with the requirements set forth in the manual. B. Projects that result in less than 2,000 square feet of new and/or replaced hard surface area, or disturb less than 7,000 square feet of land area, are not required to prepare a Construction Stormwater Pollution Prevention Plan, but must consider the elements in MMC 20.43.220(C) and develop controls for the elements that pertain to the project site. C. The following are minimum stormwater pollution prevention requirements applicable to all development and redevelopment projects, except as provided for MMC 20.43.220(D). The requirements listed below do not replace the minimum requirements set forth in the manual and are presented here for informational purposes. 1. Mark Clearing Limits. Clearly mark all clearing limits, sensitive areas and their buffers, and tree protective measures prior to any land disturbing activity. 2. Preserve Existing Vegetation. Retain the duff layer, native top soil, and existing natural vegetation to the extent feasible. 3. Establish Construction Access. This includes limiting construction access and exit to one route if possible, and using quarry spalls, crushed rock, and other best management practices to minimize tracking dirt and sediment onto public roads. 4. Control Flow Rates. Install as needed retention or detention facilities to protect properties and waterways downstream from erosion and increased flow rate of stormwater runoff from the project site. 5. Install Sediment Controls. Design, install and maintain effective erosion control and sediment control measures (such as sediment ponds, traps, filters, etc.) to minimize discharge of pollutants. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. 6. Stabilize Soils. Stabilize exposed and unworked soils by applying effective best management practices that prevent erosion. 7. Protect Slopes. Design and construct cut-and-fill slopes in a manner to minimize erosion. 8. Protect Drain Inlets. Protect all storm drain inlets made operable during construction so that stormwater runoff shall not enter the conveyance system without first being filtered or treated to remove sediment. Clean or remove and replace inlet protection devices when sediment has filled one-third of the available storage (unless a different standard is specified by the product manufacturer). 9. Stabilize Channels and Outlets. Design, construct, and stabilize all on-site conveyance channels to prevent erosion from expected peak flows. 10. Control Pollutants. Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants and prevent contamination of stormwater. 11. Control Dewatering. Discharge foundation, vault, and trench dewatering water, which has similar characteristics to stormwater runoff at the site, into a controlled conveyance system before discharge to a sediment trap or sediment pond. 12. Maintain Best Management Practices. Maintain and repair all temporary and permanent erosion and sediment control best management practices as needed to assure continued performance of their intended function in accordance with best management practice specifications. 13. Manage the Project. a. Inspect, maintain and repair all best management practices as needed to assure continued performance of their intended function. b. Maintain, update as needed, and implement the Construction Stormwater Pollution Prevention Plan. 14. Protect Low Impact Development Best Management Practices. Protect all bioretention and rain garden best management practices from sedimentation through installation and maintenance of erosion and sediment control best management practices on portions of the site that drain into the bioretention and/or rain garden best management practices. D. The manual lists exemptions from minimum stormwater pollution prevention requirements in Chapter 2, which include paving of potholes and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road/driveway prism, pavement preservation activities that do not expand the road/driveway prism; provided, that the work does not: 1. Remove and replace a paved surface to base course or lower, or involve repairing the pavement base; 2. Resurface by upgrading from dirt to a harder surface material including grave. 20.43.230 Pump system for drainage facilities. A. Where the applicant demonstrates that a pump system is the only feasible alternative available to provide drainage, the following requirements shall apply: 1. Footing drains or basement ring drains that do not convey roof or surface water runoff may be served by a simplex pump system without automatic alarm and automatic backup power facilities; or 2. Pumped systems that convey water from roof drains or other surface water runoff are required to be served by a duplex pump system with automatic alarm and automatic backup power facilities. B. The requirements for a duplex pump system under subsection (A)(2) of this section may be modified or waived by the director where no critical areas and/or no downstream properties will be potentially affected by site drainage. C. Design data for the pump system shall include the pump, motor control, and alarm equipment cut sheets. (Ord. 939 § 1 (Att. A), 2016) 20.43.240 Pump system requirements for private property. Where the provisions for a pump system are for stormwater drainage on private property, the following requirements shall apply: A. The pump system shall be located on private property and be privately owned, operated and maintained by the property owner. B. The pump system shall be used to convey water from one location or elevation on the property to another within the boundaries of the lot prior to gravity discharge into the public storm drainage system. C. The pump system shall be designed by a licensed civil engineer and incorporate the following design elements: 1. Force mains from the pump system shall be connected to a catch basin located on the private property and gravity flow to the public storm drainage system at a connection point approved by the city; 2. No force mains shall connect directly to the public storm drainage system; 3. Force mains shall have backflow prevention values; 4. If a stormwater detention system is not required, the pump system shall have a storage facility sized to hold 25 percent of the total volume of stormwater runoff for the two-year, 24-hour design storm; 5. If a stormwater detention system is required, contingency design in the event of a system failure is required, including a safe emergency overflow path having a minimum 25 feet distance to the downstream property line. D. The applicant shall prepare a maintenance and operation schedule and obtain approval from the city prior to issuance of the grading and drainage permit. E. The following notes shall be included on the drainage plan drawings: 1. Pump systems shall be owned, operated, maintained, repaired and replaced as needed by the property owner or property owners served by the pump system; and 2. Property owners served by the pump system assume all responsibilities for all claims for injuries or damage due to the operation or nonoperation of the pump system. 20.43.300 Grading and drainage application submittal requirements. 20.43.310080 Inspection process Enforcement. The director shall administer and enforce this chapter and shall have the authority to adopt and implement administrative procedures for such enforcement. Pursuant to the administrative authority set forth in MMC 20.10.040, the director may promulgate administrative provisions, including but not limited to financial guarantees and inspection requirements, for verifying compliance with the standards adopted under this chapter. EXHIBIT B Medina Municipal Code Chapter 13.06 “Stormwater” 13.06.010 Purpose, Scope and Intent. A. The purposes of this chapter are as follows: 1. Provide standards and procedures for the installation, management, inspection and maintenance of public and private stormwater facilities in the city to ensure an effective, functional stormwater drainage system that complies with city, state and federal law. 2. Authorize the Medina Public Works director to require that public and private stormwater drainage systems be installed, managed, inspected and maintained in conformance with this chapter. 3. Establish the minimum required level of compliance for public and private stormwater system which must be met. The standards shall be liberally constructed to serve the purposes of this chapter. A person’s compliance with the same shall not relieve such person from the duty of enacting all measures necessary or required to minimize the hydrologic impact of development and the pollution of receiving waters. 4. Provide guidance to those who install, manage, inspect, maintain, and repair stormwater facilities. 5. Prevent pollutants from leaking, spilling, draining, entering, or being dumped into any public or private stormwater drainage system, into groundwater, or directly into surface water bodies. 6. Implement the requirements of the city's NPDES permit. B. This chapter shall apply to all development occurring within the city. The application of this chapter shall be the minimum stormwater management requirements and shall not constitute nor be deemed a limitation, amendment or repeal of any other powers granted by state and federal statute. The city shall be responsible for the implementation, coordination, and enforcement of the provisions of these regulations. C. To meet the city's NPDES permit requirement to ensure treatment of stormwater discharges, the city shall require that all applicants for all development projects implement low impact development (LID) practices and standards in their stormwater site plan. LID standards are set forth in MMC Title 20 and the Medina Stormwater Management Manual. The city may waive LID practices determined to be inapplicable or infeasible for a particular project in accordance with the requirements of this chapter. D. The intent of this chapter is to place the obligation of complying with its requirements upon the stormwater facility owner. Neither the city nor its officers, agents, or employees shall incur liability or be held liable by reason of taking any action required or permitted hereunder. F. The intent of this chapter is not to 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. 13.06.020 Stormwater Management Manual adopted. A. The 2019 Stormwater Management Manual for Western Washington prepared by the Washington State Department of Ecology, is hereby adopted by reference and is hereafter referred to as the “stormwater manual.” B. The director may approve amendments to the stormwater manual following the procedures set forth in MMC 20.10.050, provided such amendments do not conflict with the NPDES permit. C. All new development, redevelopment, and new construction within the city of Medina shall comply with the requirements of the stormwater manual as amended by the director, as well as other requirements described in the Medina Municipal Code. 13.06.030 Definitions. A. The definitions set forth in the stormwater manual adopted under MMC 13.06.020 are adopted by reference and incorporated into this chapter. B. The following terms shall have the following meanings in this chapter unless the context clearly requires otherwise: “AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State of Washington Water Pollution Control Act, RCW 90.48.010 and 90.48.520. “Best Management Practices (BMPs)” means schedules of activities, prohibitions of practices approved by Ecology that when singly, or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington state. “City” means the city of Medina. “Clean Water Act” means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto. “Down Drain” means a device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility. “Director” means the city of Medina director of public works and/or designees. “Flow Control Facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff flow rates generated by development. Flow control facilities are designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff for a short period of time, releasing it to the conveyance system at a controlled rate. “Ground Water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. See also Chapter 173-200 WAC. “Hard Surface” means an impervious surface, a permeable pavement, or a vegetated roof. “Hazardous Substance” means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or WAC 173-303- 100 “Hyperchlorinated” means water that contains more than 10 mg/Liter chlorine. “Illicit Connection” means any infrastructure connection to the MS4 that is not intended, permitted or used for collecting and conveying stormwater or non-stormwater discharges allowed as specified in the NPDES Permit, Sections S5.C.5 and S6.D.3. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. “Illicit Discharge” means any discharge to the city’s storm drain system that is not composed entirely of stormwater or of non-stormwater discharges allowed pursuant to this Chapter 13.06 MMC. “Impervious Surface” means a nonvegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development; or nonvegetated 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, roof tops, 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 surfaces for the 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. “LID Manual” means the most recent Low Impact Technical Guidance Manual for Puget Sound. “Minimum Maintenance Standards” means the maintenance, inspection and repair standards that are described in the city’s Stormwater Manual. “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, man-made channels, or storm drains): 1. Owned and operated by the city of Medina; 2. Designed or used for collecting or conveying stormwater; 3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned; and 4. Which is not a combined sewer. “Combined sewer” means a system that collects sanitary sewage and stormwater in a single system. “National Pollution Discharge Elimination System Stormwater Discharge Permit” or “NPDES” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. “Nonstormwater Discharge” means any discharge to the storm drain system that is not composed entirely of stormwater. “Permanent Stormwater Control Plan” or “PSC” means a plan which includes permanent best management practices (BMPs) for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. “Person” means anything 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. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. “Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. “Replaced Impervious Surface” means for structures, the removal and replacement of impervious surfaces down to the foundation and for other impervious surfaces, the removal down to bare soil or base course and replacement. “Storm Drainage System” means publicly or privately owned facilities which collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention tanks/basins, natural and human-made or altered drainage channels, reservoirs, proprietary treatment systems and other drainage structures. “Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage or interflow. “Construction Stormwater Pollution Prevention Plan” or “SWPPP” means a document which describes the best management practices and activities to be implemented by a person during construction 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. “Stormwater Site Plan” means the comprehensive report containing all of the technical information and analysis necessary for regulatory agencies to evaluate a proposed new development or redevelopment project for compliance with stormwater requirements. Contents of the stormwater site plan will vary with the type and size of the project, and individual site characteristics. It includes a SWPPP and a permanent stormwater control plan. “Water Quality Treatment facility” means A BMP that is intended to remove pollutants from stormwater. A few examples of treatment BMPs are Wetponds, oil/water separators, biofiltration swales, and constructed wetlands. These can also include proprietary filter-based systems. C. If a conflict arises between a definition set forth in this section and a definition adopted under subsection (A) of this section, the definition in the city’s stormwater manual adopted at MMC 13.06.020 shall apply. 13.06.040 Seasonal work limitations. Any work or activity conducted pursuant to this chapter shall comply with seasonal work limitation set out in MMC 20.43.070. 13.06.050 Minimum stormwater pollution prevention for all projects. A. Projects which result in 2,000 square feet or more of new plus replaced hard surface area, or which disturb 7,000 square feet or more of land area, must prepare a Construction Stormwater Pollution Prevention Plan consistent with the requirements set forth in the stormwater manual. B. Projects that result in less than 2,000 square feet of new and/or replaced hard surface area, or disturb less than 7,000 square feet of land area, are not required to prepare a Construction Stormwater Pollution Prevention Plan, but must consider the elements in MMC 13.06.050(C) and develop controls for the elements that pertain to the project site. C. The following are minimum stormwater pollution prevention requirements applicable to all development and redevelopment projects, except as provided for MMC 13.06.050(D). The requirements listed below do not replace the minimum requirements set forth in the manual and are presented here for informational purposes. 1. Mark Clearing Limits. Clearly mark all clearing limits, sensitive areas and their buffers, and tree protective measures prior to any land disturbing activity. 2. Preserve Existing Vegetation. Retain the duff layer, native topsoil, and existing natural vegetation to the extent feasible. 3. Establish Construction Access. This includes limiting construction access and exit to one route if possible, and using quarry spalls, crushed rock, and other best management practices to minimize tracking dirt and sediment onto public roads. 4. Control Flow Rates. Install as needed retention or detention facilities to protect properties and waterways downstream from erosion and increased flow rate of stormwater runoff from the project site. 5. Install Sediment Controls. Design, install and maintain effective erosion control and sediment control measures (such as sediment ponds, traps, filters, etc.) to minimize discharge of pollutants. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. 6. Stabilize Soils. Stabilize exposed and unworked soils by applying effective best management practices that prevent erosion. 7. Protect Slopes. Design and construct cut-and-fill slopes in a manner to minimize erosion. 8. Protect Drain Inlets. Protect all storm drain inlets made operable during construction so that stormwater runoff shall not enter the conveyance system without first being filtered or treated to remove sediment. Clean or remove and replace inlet protection devices when sediment has filled one-third of the available storage (unless a different standard is specified by the product manufacturer). 9. Stabilize Channels and Outlets. Design, construct, and stabilize all on-site conveyance channels to prevent erosion from expected peak flows. 10. Control Pollutants. Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants and prevent contamination of stormwater. 11. Control Dewatering. Discharge foundation, vault, and trench dewatering water, which has similar characteristics to stormwater runoff at the site, into a controlled conveyance system before discharge to a sediment trap or sediment pond. 12. Maintain Best Management Practices. Maintain and repair all temporary and permanent erosion and sediment control best management practices as needed to assure continued performance of their intended function in accordance with best management practice specifications. 13. Manage the Project. a. Inspect, maintain and repair all best management practices as needed to assure continued performance of their intended function. b. Maintain, update as needed, and implement the Construction Stormwater Pollution Prevention Plan. 14. Protect Low Impact Development Best Management Practices. Protect all bioretention and rain garden best management practices from sedimentation through installation and maintenance of erosion and sediment control best management practices on portions of the site that drain into the bioretention and/or rain garden best management practices. D. The stormwater manual lists exemptions from minimum stormwater pollution prevention requirements which include paving of potholes and square cut patching, overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage, shoulder grading, reshaping/regrading drainage systems, crack sealing, resurfacing with in-kind material without expanding the road/driveway prism, pavement preservation activities that do not expand the road/driveway prism; provided, that the work does not: 1. Remove and replace a paved surface to base course or lower, or involve repairing the pavement base; 2. Resurface by upgrading from dirt to a harder surface material including grave. 13.06.060 Pump system for drainage facilities. A. Where the applicant demonstrates that a pump system is the only feasible alternative available to provide drainage, the following requirements shall apply: 1. Footing drains or basement ring drains that do not convey roof or surface water runoff may be served by a simplex pump system without automatic alarm and automatic backup power facilities; or 2. Pumped systems that convey water from roof drains or other surface water runoff are required to be served by a duplex pump system with automatic alarm and automatic backup power facilities. B. The requirements for a duplex pump system under subsection (A)(2) of this section may be modified or waived by the director where no critical areas and/or no downstream properties will be potentially affected by site drainage. C. Design data for the pump system shall include the pump, motor control, and alarm equipment cut sheets. 13.06.070 Pump system requirements for private property. Where the provisions for a pump system are for stormwater drainage on private property, the following requirements shall apply: A. The pump system shall be located on private property and be privately owned, operated and maintained by the property owner. B. The pump system shall be used to convey water from one location or elevation on the property to another within the boundaries of the lot prior to gravity discharge into the public storm drainage system. C. The pump system shall be designed by a licensed civil engineer and incorporate the following design elements: 1. Force mains from the pump system shall be connected to a catch basin located on the private property and gravity flow to the public storm drainage system at a connection point approved by the city; 2. No force mains shall connect directly to the public storm drainage system; 3. Force mains shall have backflow prevention values; 4. If a stormwater detention system is not required, the pump system shall have a storage facility sized to hold 25 percent of the total volume of stormwater runoff for the two-year, 24-hour design storm; 5. If a stormwater detention system is required, contingency design in the event of a system failure is required, including a safe emergency overflow path having a minimum 25 feet distance to the downstream property line. D. The applicant shall prepare a maintenance and operation plan and obtain approval from the city prior to issuance of the grading and drainage permit. E. The following notes shall be included on the drainage plan drawings: 1. Pump systems shall be owned, operated, maintained, repaired and replaced as needed by the property owner or property owners served by the pump system; and 2. Property owners served by the pump system assume all responsibilities for all claims for injuries or damage due to the operation or nonoperation of the pump system. 13.06.080 Prohibited discharges. A. Non-stormwater runoff discharges to the storm drainage system, surface water bodies, or groundwater are prohibited, unless such discharges are authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Permit Program). B. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain, or otherwise discharge pollutants into a storm drainage system, surface water bodies or groundwater. If a pollutant discharge is identified it shall cease immediately and be reported to the city immediately. Failure to report any discharge within 24 hours is a violation of this chapter. C. Examples of prohibited pollutants includes but is not limited to the following: 1. Trash or debris. 2. Construction materials. 3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil. 4. Antifreeze and other automotive products. 5. Metals in either particulate or dissolved form. 6. Flammable or explosive materials. 7. Radioactive material. 8. Batteries. 9. Acids, alkalis, or bases. 10. Paints, stains, resins, lacquers, or varnishes. 11. Degreasers and/or solvents. 12. Drain cleaners. 13. Pesticides, herbicides, or fertilizers. 14. Steam cleaning wastes. 15. Soaps, detergents, or ammonia. 16. Swimming pool or spa filter backwash. 17. Chlorine, bromine, or other disinfectants. 18. Heated water. 19. Domestic animal wastes. 20. Sewage. 21. Recreational vehicle waste. 22. Animal carcasses. 23. Food wastes. 24. Bark and other fibrous materials. 25. Lawn clippings, leaves, or branches. 26. Silt, sediment, concrete, cement or gravel. 27. Dyes. 28. Chemicals not normally found in uncontaminated water. 29. Any other process-associated discharge except as otherwise allowed in this section. 30. Any hazardous material or waste not listed above. 13.06.090 Allowable discharges. A. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the director determines the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface or groundwater: 1. Diverted stream flows. 2. Rising ground waters. 3. Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(5)(20). 4. Uncontaminated pumped groundwater. 5. Uncontaminated pumped groundwater. 6. Foundation drains. 7. Air conditioning condensation. 8. Irrigation water from agricultural sources that is commingled with urban stormwater. 9. Springs. 10. Uncontaminated water from crawl space pumps. 11. Footing drains. 12. Flows from riparian habitats and wetlands. 13. Non-stormwater discharges authorized by another NPDES or state waste discharge permit. 14. Discharges from emergency firefighting activities. 13.06.100 Conditional discharges. A. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter if they meet the stated conditions, or unless the director 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 groundwater: 1. Discharges from potable water, including water sources, including but not limited to 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 volumetrically and velocity controlled to prevent re-suspension of sediments in the stormwater system; 2. Discharges from lawn watering and other irrigation runoff are permitted but shall be minimized; 3. Dechlorinated swimming pool, spa and hot tub discharges limited to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, and volumetrically and velcoity controlled to prevent re-suspension of sediments in the stormwater system; 4. Street and sidewalk wash water, water used to control dust, and routine external building wash down 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. Nonstormwater discharges. The discharge shall be in compliance with the requirements of a stormwater pollution prevention plan reviewed and approved by the city, which addresses control of such discharges by applying all known and reasonable methods of prevention, control, and treatment (AKART) to prevent contaminants from entering surface or groundwaters. 13.06.110 Prohibition of illicit connections. A. The construction, use, maintenance, or continued existence of illicit connections to the public storm drainage system is prohibited. B. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to a public storm drainage system or allows such a connection to continue. 13.06.120 Compliance required. Property owners are responsible for the maintenance, operation and repair of stormwater drainage systems within their property. Property owners shall maintain, operate and repair stormwater drainage systems in compliance with the requirements of this chapter and the stormwater manual. 13.06.130 Maintenance required. A. All stormwater drainage systems in the city shall be maintained according to this chapter and the minimum maintenance standards detailed in the stormwater manual. B. All stormwater drainage systems shall be inspected on a periodic basis, as described in the stormwater manual. If, during an inspection, a stormwater drainage system is found not to be in compliance with the minimum required standards, the owner or operator of the stormwater drainage system shall immediately repair the system and return it to proper operating condition in compliance with this Chapter and any applicable covenant. Inspections may be scheduled more frequently to assure the stormwater drainage system continually functions as designed. C. Where abatement is found necessary to correct health or safety problems, to control pollutants from entering the stormwater drainage system, to prevent surface water or groundwater quality degradation, or to remove pollutants that have entered the stormwater drainage system, such work shall be completed immediately by the owner or operator of the stormwater drainage system. If the owner does not complete the work, the city is authorized to enter the property and abate the problem in accordance with MMC 13.06.180. D. Where regular maintenance and/or repair is found necessary during inspection, maintenance shall be performed in accordance with the maintenance schedule established by the stormwater manual. 13.06.140 Inspection authority and procedure. A. Inspection Authority. Whenever implementing the provisions of this chapter or whenever there is cause to believe that a violation of this chapter has been or is being committed, the director 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 chapter. B. Inspection Procedure. The procedure outlined below shall be followed when inspections occur: 1. Prior to making any inspections on private property, the director shall present identification credentials, state the reason for the inspection and request entry. 2. If the property or any building or structure on the property is unoccupied or inaccessible, the director 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. 3. If after reasonable effort the director 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 director may enter. 4. 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 director shall obtain a search warrant, prior to entry, as authorized by the laws of the State of Washington. 5. The director may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (4) above, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. 6. The director shall investigate illicit discharges in an effort to identify the source. If such discharges are tracked to a specific connection to the public stormwater drainage system, or directly to surface water or groundwater, inspection and investigation of that site will be initiated in compliance with the inspection procedures defined in this section. If the discharge is an imminent threat to public safety or the environment, emergency action shall be taken in accordance with this section. 13.06.150 Maintenance covenant required for stormwater flow control and water quality treatment facilities. A. Prior to the issuance of any permit for which a Construction Stormwater Pollution Prevention Plan is required, the city shall require the applicant or property owner to complete and submit a Declaration of Covenant for Inspection and Maintenance of Stormwater Facilities and BMPs (“Covenant”) for the city’s review and approval, warranting that the property owner will manage, inspect, and maintain the stormwater flow control and water quality treatment facilities per the conditions required by this chapter and the Covenant. B. Once approved by the city, the Covenant shall be signed by the applicant or property owner and promptly recorded on title with King County Department of Records and Elections. A copy of the recorded Covenant shall be provided to the director prior to the final inspection. C. The Covenant shall be included in any instrument of conveyance of the subject property, shall run with the land, and shall be binding upon such owner’s heirs, successors, and assigns. 13.06.160 Inspection and maintenance schedule for stormwater flow control and water quality treatment facilities. A. The director shall establish inspection and maintenance scheduling and standards for all publicly and privately-owned for stormwater flow control and water quality treatment facilities. The maintenance of the stormwater flow control and water quality facilities shall be guided by the stormwater manual. The base frequency for inspection and maintenance shall be in accordance with the NPDES Permit currently in effect. B. The city requires all inspections to be paid for by the owner and conducted by a city- approved third-party inspector unless approved otherwise by the director. C. Adjustment to a less than annual inspection frequency may be revised as approved by the director based upon maintenance records of double the length of time of the proposed inspection frequency. 13.06.170 Inspection and maintenance records required for stormwater flow control and water quality treatment facilities. Owners of private flow control or water quality treatment facilities shall keep a maintenance log and an Operation and Maintenance Plan (as defined by the city’s adopted stormwater manual per MMC 13.06.020) on-site or within reasonable access to the site. Operation and Maintenance Plans shall be transferred with ownership of the property and include a log of maintenance activities. Maintenance logs, and any record drawing or drainage system plan, shall be provided to the city upon request. 13.06.180 Enforcement authority, procedure, and penalties. A. The director shall administer and enforce this chapter and shall have the authority to adopt and implement administrative procedures for such enforcement. B. The director shall have the authority to issue an enforcement order to an owner or responsible party to abate an illicit discharge, and/or maintain or repair a component of a stormwater drainage system in accordance with the provisions of this chapter. The order shall include: 1. A description of the specific nature, extent, date, and time of the violation and the damage or potential damage that reasonably might occur; 2. A notice to cease and desist the violation or the potential violation and, in appropriate cases, the specific corrective actions to be taken; and 3. A reasonable time to comply, depending on the circumstances. C. The director may impose an inspection fee for any stormwater drainage system found not to be in compliance with this chapter. This inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter. Inspection fees shall also be applied if the city is required to inspect a stormwater drainage system because the property owner failed to complete the required annual inspection. Inspection fees shall be established by resolution of the city council. D. If the enforcement order is not adhered to, the city may provide such actions as needed to repair, restore or maintain the stormwater drainage system. If at any time the city determines that the existing system creates any imminent threat to public health or welfare, the city may take immediate measures to remedy said threat. Under such circumstances no notice to the owner of the system shall be required. E. The owner of the stormwater drainage system shall assume all responsibility for the cost of any maintenance and for repairs to the system. Such responsibility shall include reimbursement to the city within 30 days of the receipt of the invoice for any work the city performs pursuant to MMC 13.06.180(D). Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the city will be borne by the parties responsible for said reimbursements. F. In the event the property owner fails to pay the city within 30 days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. Such lien shall specify the expenses incurred, provide a legal description of the premises and will be filed with the county auditor within 90 days from the date of the completion of the work. Payment may at any time thereafter be sought by foreclosure procedures of liens under the laws of the state of Washington. G. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform with the terms of an order issued by the director shall be subject to a civil penalty as provided in Chapter 1.15 MMC. Each day of continued violation shall constitute a separate violation for purposes of this penalty.