HomeMy WebLinkAbout3694ORDINANCE NO. °
AN ORDINANCE of the City of Port Angeles, Washington amending
Chapters 13.62 and Chapter 13.63 of the Port Angeles Municipal Code
relating to stormwater-utility and regulations.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
A5 FOLLOWS:
Section 1. Ordinance 2394 as amended, and Chapter 13.62 of the Port Angeles Municipal
Code relating to stormwater-connections and extensions are hereby amended by amending section
13.62.100 of Chapter 13.62 as follows:
CHAPTER 13.62 -- CONNECTIONS AND EXTENSIONS
13.62.100 Minimun size for side sewer in private property.
Any one single family dwelling shall be connected with not less than four -inch diameter pipe on
private property; provided that where a dual connection of two single family dwellings, or a
multiple dwelling or commercial building with a single family dwelling is permitted by the Director,
such connection shall be made with not less than six-inch diameter pipe below the point of dual
connection. Any multiple dwelling, industrial or commercial building shall be connected with not
less than six-inch diameter pipe on private property; provided, with the permission of the Director,
Oiree or less two „� '� nr one motel unit may be connected with four -inch diameter pipe
\/a less L Y9
on private property.
2. Ordinance 3367 as amended, and Chapter 13.63 of the Port Angeles Municipal
relating to stormwater-utility and regulations are hereby amended by amending sections of
13.63 as follows:
13.63 -- STORMWATER—UTILITY AND REGULATIONS
3.63.010 Purpose.
iepurpose of this chapter is to establish a storm and surface water management program and utility
order to accomplish the following goals:
A. Establish a stormwater capital facilities plan and small project funding program for projects
which will:
1. Protect property owners adjacent to developing and developed land from increased runoff
rates, which could cause erosion of abutting property;
2. Decrease drainage -related damage to public and private property;
3. Maintain safe City streets and rights -of -way;
4. Minimize water quality degradation and control of sedimentation of creeks, streams, ponds,
and other water bodies; and
5. Preserve and enhance the aesthetic quality of waters.
B. Promote sound development policies and construction procedures, which respect and
preserve the City's watercourses;
C. Provide public education, outreach, participation, and involvement in the protection of water
quality; and
D. Establish general rules and regulations for the service and extension of service from the
stormwater wOem _
E. Define and implement regulatoKy progams intended to identify sources of pollution and
reduce or prevent adverse im acts from urban stormwater on receiving waters and the environment.
The storm and surface water management program shall consist of stormwater regulations and a
stormwater utility, which shall be implemented and operated by the City's Department of Public
Works and Utilities in accordance with standards established by the appropriate governmental
entities with jurisdiction.
13.63.020 Incorporated by reference.
The City hereby incorporates the following documents into this chapter:
A. The City of Port Angeles' Urban Services Standards and Guidelines adopted pursuant to
Chapter 18.08 PAMC; the most recent version or update.
B. Chapters > >
Voluine
t..a .. c.aMWrr , .
B. Ecology's Stormwater Management Manual for Western Washington SWMMWW ; the
most recent update or version.
the Riest r-eeent update.
Q Appendix 1 of the City of Peft Angeles' Westem Washington Phase 11 Municipal
C. Ecology's Western Washington Phase II Municipal Stormwater Permit with Appendices;
the most recent update or version.
D. 2012 Low Impact Development Technical Guidance Manual for Puget Sound, published by
Washington State University and the Puget Sound Partnership, or the most recent update.
E. The City of Port Angeles' Illicit Discharge Detection and Elimination IDDE Response
Policy and Procedures the most recent update or version.
All of these documents are on file within the office of the City Engineer and can be viewed upon
request.
13.63.030 Applicability.
The provisions of this chapter shall apply to all direct and indirect connections to the City's
stormwater system, including direct outfalls to the City's streams or marine waters.
13.63.040 Definitions.
The following definitions shall apply to this chapter: o
A. AKART - All known, available, and reasonable methods of prevention, control, and
treatment.
B. Arterial - PRINCIPAL ARTERIALS: Principal arterials provide service for principal traffic
movements within the City. They serve centers of activity; intra-area travel between Port Angeles
and other large communities and between principal trip generators. Principal arterials serve the
longest trips and carry the principal portion of trips entering and leaving the overall area. Typically
they are the highest traffic volume corridors in the City. The design year ADT is approximately
5,000 to 30,000 vehicles per day or more. They frequently carry important intra-urban as well as
intercity bus routes.
The spacing of principal arterials usually varies from about one mile in highly developed business
areas to five miles or more in rural areas. Service to abutting land should be subordinate to the
provisions of travel service to principal traffic movements; this service should be incidental to the
primary functional responsibility of the street. Desirably it is located on community and
neighborhood boundaries or adjacent to but not through principal shopping centers, parks, and other
homogeneous areas.
MINOR ARTERIALS: Minor arterials interconnect with and augment the principal arterial system.
Minor arterials connect principal arterials to collector arterials and small generators. They provide
medium size trip generators, such as less intensive commercial development, high schools and some
junior high/grade schools, warehousing areas, active parks and ballfields, and other land uses with
similar trip generation potential. They distribute travel to smaller geographic areas and communities
than those identified with the principal arterial system. They provide service for trips of moderate
length of a somewhat lower level of travel mobility than principal arterials. The design year ADT
is approximately 2,500 to 15,000.
COLLECTOR ARTERIALS: Collector arterials provide both land access service and traffic
circulation within residential neighborhoods and commercial and industrial areas. It differs from
the arterial system in that facilities on the collector system may penetrate residential neighborhoods,
distributing trips from the arterials through the areas to their ultimate destinations. The collector
also collects traffic from local streets in residential neighborhoods and channels it onto minor and
principal arterials. The collector arterial street may also carry local bus routes.
C. Best management practices (BMPs) - mean schedules of activities, prohibitions of practices,
maintenance procedures, and structural and/or managerial practices, that when used singly or in
combination, prevent or reduce the release of pollutants and other adverse impacts to waters of
Washington State (as per the Department of Ecology's SWMMWW [2014]).
D. Certified erosion and sediment control lead (CESCL) - means an individual who has current
certification through an approved erosion and sediment control training program that meets the
minimum training standards established by the Washington State Department of Ecology (see BMP
C160 in the Department of Ecology's SWMMWW (2014)). A CESCL is knowledgeable in the
principles and practices of erosion and sediment control. The CESCL must have the skills to assess
site conditions and construction activities that could impact the quality of stormwater and, the
effectiveness of erosion and sediment control measures used to control the quality of stormwater
discharges (as per the Department of Ecology's SWMMWW [2014]).
E. Clean Water Act - means the federal Water Pollution Control Act (33 USC Section 1251 et
seq.), and any subsequent amendments thereto.
F. Commercial/multiple property - means all property zoned or used for multi -family,
commercial, retail, public, government, non-profit and all other non-residential uses.
G. Compost -amended soil - means establishment of a minimum soil quality and depth to regain
stormwater functions in the post development landscape, provide increased treatment of pollutants
and sediments that result from development and habitation, and minimize the need for some
landscaping chemicals.
H. Director - means the City of Port Angeles Director of Public Works and Utilities or his or
her designee.
I. Effective impervious surface - means those impervious surfaces that are connected via sheet
flow or discrete conveyance to a drainage system. Impervious surfaces are considered ineffective
if. 1) the runoff is dispersed through at least 100 feet of native vegetation in accordance with BMP
T5 30 - "Full Dispersion," as described in Chapter 5 of Volume V of the Department of Ecology's
SWMMWW (2014); 2) residential roof runoff is infiltrated in accordance with downspout full
infiltration systems, per BMP 5.10A in Volume III of the Department of Ecology's SWMMWW
(2014); or 3) approved continuous runoff modeling methods indicate that the entire runoff file is
infiltrated (as per the Department of Ecology's SWMMWW [2014]).
J. Feasibility - Low impact development best management practices (BMP) are required
where feasible. A BMP is determined feasible when infeasibility criteria are not triggered as defined
in the Department of Ecology SWMMWW and City of Port Angeles Urban Service Standards and
Guidelines Chapter 5, Appendix D.
K. Groundwater - means water in a saturated zone or stratum beneath the surface of the land
or below a surface water body.
L. Hard surface - means an impervious surface, a permeable pavement, or a vegetated roof.
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M. Hazardous materials - means any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial present or potential hazard to
human health, safety, property or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
N. Highway - means a main public road connecting towns and cities.
O. Hyperchlorinated - means water that contains more than ten milligrams per liter (mg/hter
Q chlorine. For water quality chernistly pposes, m L and parts per million are gguivalent
units of measure.
P. Illicit discharge - means any direct or indirect non-stormwater discharge to the City's
stormwater system, except as expressly allowed by this chapter.
Q. Illicit connection - means any man-made conveyance that is connected to a municipal
separate storm sewer without a permit, excluding roof drains and other similar type connections.
Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or
outlets that are connected directly to the municipal separate storm sewer system.
R. Impaired capacity system - means the flow volume or rate is greater than what a facility
(e.g., pipe, pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey,
reduce pollutants from, or infiltrate to meet a specific performance standard. System capacity shall
be evaluated using a qualitative analysis and/or a quantitative analysis that shall include continuous
runoff modeling of the 25-year recurrence interval flow. A system is considered to be impaired
when it is not able to convey the 25-year recurrence interval flow without surcharging.
S. Impervious surface - means a non -vegetated surface area that either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development. A non -
vegetated surface area that 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 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 (as per the Department of Ecology's SWMMWW [20141).
11. Land disturbing activity - means any activity that results in movement of earth, or a change
in the existing soil cover (both vegetative and non -vegetative) 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
onsidered a land disturbing activity. Vegetation maintenance practices are not considered land
dsturbing activity.
U. Maintenance - Repair and maintenance includes activities conducted on currently
,erviceable structures, facilities, and equipment that involves no expansion or use beyond that
3reviously existing and results in no significant adverse hydrologic impact. It includes those usual
activities taken to prevent a decline, lapse, or cessation in the use of structures and systems. Those
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usual activities may include replacement of dysfunctional facilities, including cases where
environmental permits require replacing an existing structure with a different type structure, as long
as the functioning characteristics of the original structure are not changed. One example is the
replacement of a collapsed, fish blocking, round culvert with a new box culvert under the same
span, or width, of roadway. See also Road Maintenance exemptions in Section 1 of the NPDES
Appendix included in this chapter.
V. 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), owned or operated by the City of Port Angeles:
Designed or used for collecting or conveying stormwater;
2. 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
3. Which is not a combined sewer. "Combined sewer" means a system that collects sanitary
sewage and stormwater in a single sewer system.
W. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit
- means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington
Department of Ecology under authority delegated pursuant to 33 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.
X. Native vegetation - means vegetation comprised of plant species, other than noxious weeds,
that are indigenous to the coastal region of the Pacific Northwest and which reasonably could have
been expected to naturally occur on the site. Examples include trees such as Douglas fir, western
hemlock, western red cedar, alder, big -leaf maple, and vine maple; shrubs such as willow,
elderberry, salmonberry, and salal; and herbaceous plants such as sword fern, foam flower, and
fireweed.
Y. New development - means land disturbing activities, including Class IV - general forest
practices that are conversions from timber land to other uses; structural development, including
construction or installation of a building or other structure; creation of impervious surfaces; and
subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW.
Projects meeting the definition of redevelopment shall not be considered new development.
Z. Non -impaired capacity system - means the flow volume or rate that a facility (e.g., pipe,
pond, vault, swale, ditch, drywell, etc.) is designed to safely contain, receive, convey, reduce
pollutants from, or infiltrate to meet a specific performance standard. System capacity shall be
evaluated using a qualitative analysis and/or a quantitative analysis which shall include continuous
runoff modeling of the 25-year recurrence interval flow. System capacity is considered to be non -
impaired if it conveys a 25-year recurrence interval flow without surcharging.
AA. Non-stormwater discharge - means any discharge to the storm drain system that is not
composed entirely of stormwater.
BB. Permeable pavement - Pervious concrete, porous asphalt, permeable pavers or other forms
of pervious or porous paving material intended to allow passage of water through the pavement
N.
section. It often includes an aggregate base that provides structural support and acts as a stormwater
reservoir.
CC. Person - means any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner of a premises or as the owner's agent.
DD. 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
(objects or substances which float); 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.
EE. Pollution -generating impervious surface (PGIS) - means those impervious surfaces
considered to be a significant source of pollutants in stormwater runoff. Such surfaces include those
which are subject to: vehicular use; industrial activities (as further defined in the Department of
Ecology's SWMMWW [2014]), or storage of erodible or leachable materials, wastes, or chemicals,
and which receive direct rainfall or the run-on or blow-in of rainfall; metal roofs unless they are
coated with an inert, non -leachable material (e.g., baked -on enamel coating); or roofs that are
subject to venting significant amounts of dusts, mists, or fumes from manufacturing, commercial,
or other indoor activities (as per the Department of Ecology's SWMMWW [2014]).
FF. Pollution-generatingpervious surfaces (PGPS) - means any non -impervious surface subject
to vehicular use, industrial activities (as further defined in the Department of Ecology's
SWMMWW [2014]); or storage of erodible or leachable materials, wastes or chemicals, and that
receive direct rainfall or run-on or blow-in of rainfall, use of pesticides and fertilizers or loss of soil.
Typical PGPS include permeable pavement subject to vehicular use, lawns and landscaped areas,
including golf courses parks, cemeteries, and sports fields (natural and artificial turf) (as per the
Department of Ecology's SWMMWW [2014]).
GG. Pre -developed condition - means the native vegetation and soils that existed at a site prior
to the influence of Euro-American settlement. The pre -developed condition shall be assumed to be
a forested land cover unless reasonable, historic information is provided that indicates the site was
prairie prior to settlement.
HH. Premises - means any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks and parlci Lg-planting strips.
II. Project site - means that portion of a property, properties, or right-of-way subject to land
disturbing activities, new impervious surfaces, or replaced impervious surfaces.
JJ. Rain garden - means a non -engineered shallow, landscaped depression, with compost -
amended native soils and adapted plants. The depression is designed to pond and temporarily store
stormwater runoff from adjacent areas, and to allow stormwater to pass through the amended soil
profile.
KK. Receiving waters - means bodies of water or surface water systems to which surface runoff
is discharged via a point source of stormwater or via sheet flow.
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LL. Redevelopment - On a site that is already substantially developed (i.e., has 35 percent or
more of existing impervious surface coverage), the creation or addition of impervious surfaces; the
expansion of a building footprint or addition or replacement of a structure; structural development
including construction, installation or expansion of a building or other structure; replacement of
impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
MM. Replaced impervious surface - means, for structures, the removal and replacement of any
exterior impervious surfaces or foundation. For other impervious surfaces, the removal down to
bare soil or base course and replacement.
NN. Single-family property - means all property used for single-family residential uses.
00. Site - means the area defined by the legal boundaries of a parcel or parcels of land that is
(are) subject to new development or redevelopment. For road projects, the length of the project site
and the right-of-way boundaries define the site.
PP. Source control BMP - means a structure or operation that is intended to prevent pollutants
from coming into contact with stormwater through physical separation of areas or careful
management of activities that are sources of pollutants. The Department of Ecology's SWMMWW
(2014) separates source control BMPs into two types. Structural source control BMPs are physical,
structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering
stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from
entering stormwater. For further examples or details, refer to the Volume IV of the Department of
Ecology's SWMMWW (2014).
QQ. Stormwater - means runoff during and following precipitation and snowmelt events,
including surface runoff and drainage.
RR. Stormwater Mana ement Manual or Western Washin ton SWMMWW — Washington
State Dept. of Ecology's stormwater manual. As qpylicable, the City has adopted the most recent
version of this manual to pide the Ci 's stormwater management program.
ASS. Stormwater pollution prevention plan (SWPPP) - means a document which describes the
best management practices and activities to be implemented by a person to identify sources of
pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges
to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent
practicable.
ITT. Stormwater system - means all natural and manmade systems which function together or
independently to collect, store, purify, discharge and convey stormwater. Included are all
stormwater facilities as well as natural systems such as streams and creeks and all natural systems
which convey, store, infiltrate or divert stormwater.
T—T-.UU.Threshold discharge area - means an on -site area draining to a single natural discharge
location or multiple natural discharge locations that combine within one -quarter mile downstream
(as determined by the shortest flowpath). The examples in Figure 2.1 illustrate this definition. The
purpose of this definition is to clarify how the thresholds of the stormwater requirements are applied
to project sites with multiple discharge points.
UU-.VV.Wetland - means those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
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prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created from non -wetland sites, including, but not limited to, irrigation and drainage
ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds,
and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally
created as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from non -wetland areas to mitigate the conversion of
wetlands.
13.63.050 Stormwater utility established.
There is hereby created and established a storm and surface water utility (also referred to as the
"stormwater utility"). The stormwater utility shall be administered under- three*., 0by the
Director of Public Works and Utilities. The stormwater utility shall perform the functions, and have
the authority, as set forth in Chapter 35.67 RCW and in this chapter for managing, regulating, and
controlling the City's stormwater management program.
13.63.060 Jurisdiction.
The City shall have jurisdiction over all stormwater and surface water facilities within the City's
boundaries. No modifications or additions shall be made to the City's stormwater and surface water
facilities without the prior approval of the City.
13.63.080 Transfer of property.
All equipment, properties, and property rights and interests owned or held by the City, however
acquired, insofar as they relate to or concern stormwater or surface water sewage, are hereby
transferred to the stormwater utility. This includes by way of example and not limitation, all
properties and property rights and interests acquired by adverse possession or by prescription in
and to the drainage and storage of stormwater or surface waters over and under lands, watercourses,
streams, ponds and sloughs to the full extent of inundation caused by the largest storm or flood
condition.
13.63.090 Annual charge.
The owners of all real property in the City containing impervious surfaces shall paybe
I a menthl3�an annual stormwater utility charge at the rate as set forth in this section.
Single-family and duplex residential fees.
1. Effective January 1, 2022, the annual stormwater utility charge for each non -discounted
single-family and duplex residential property shall be $204.06.
2. Effective January 1, 2022, the annual stormwater utility charge for single-family and duplex
residential property for those qualifying for discounts per section 13.20 PAMC shall be $153.05 for
25% discount eligible and $132.64 for 35% discount eligible.
C. The annual stormwater utility charge for all commercial_ industrial, or multiple dwelling
property shall be calculated by dividing the total impervious area in square
feet by 3,000 square feet, times the rate of $203.03. The minimum annual fee for a commercial,
industrial, or multiple dwelling property shall be not less than the annual fee rate of $203.03 and
the maximum annual fee shall be not more than 25 times that rate.
D. The annual stormwater utility charge for all non-taxable federal property shall be calculated
by dividing the total impervious area in square feet by 3,000 square feet, times the rate of $193.55
The minimum annual fee for a non-taxable federal property shall not be less than the annual fee
rate of $193.55 and the maximum ment ilyannual fee shall be not more than 25 times that rate.
E. City streets, State highways, private streets with stormwater and surface facilities in place
meeting City standards, and other public or private owned properties or portions thereof having
their own NPDES permitted storm and surface water runoff facilities which do not discharge to
City facilities shall be exempt from the month!) annual charges set forth in this section.
13.63.095 Stormwater Program Charge.
Each private property or businesses subject to routine Stormwater Pro ammatic Inspections shall
be charged a fixed-rate fee to accommodate staff time equipment, tracking software reporting, and
all other associated costs bore by the City in facilitating the ro am. This rate will be applied
annually per PAMC 13.63.110. This annual charge assumes each participant's full compliance with
the program and does not factor in extra resources ex ended by the City in response to situations
of non-com linance. The City may recoup additional costs incurred from the non -compliant
property owner or other responsible party via assigggent of civil penalty,as described in PAMC
13.63.480, 13.63.500, and 13.63.510.
A. The Source Control Program for Existing Development has a program charge of $140.00 j2er
year.
B. The Operations and Maintenance (O&M) Program for Private Stormwater Facilities has a
program charge of $225.00 per year.
13.63.100 Rate adjustment.
A. Stormwater rebates may be issued for retrofit, new development or redevelopment projects
that meet the following conditions:
1. Overall project with less than 5,000 square feet of new or replaced hard surfaces, and
implements two or more of the following:
a. Permeable pavement;
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b. Compost amended soils per BMP T5.13 in all disturbed area not covered by new
improvements;
C. Rain gardens.
2. LID facilities and best management practices (BMPs) listed in subsection A.1 above, must
be designed and maintained in accordance with the Department of Ecology's SWMMWW (2014).
3. Stormwater rebates as available funding allows include the following:
a. Permeable pavement - $1.00 per square foot towards materials, up to a maximum rebate of
$1,000.00 per household or business.
b. Compost amended soils - Voucher for ten cubic yards of Garden Glory compost.
C. Rain gardens - Rebate for materials to install a rain garden, up to a maximum rebate of
$1,000.00, per household or business.
B. Stormwater rebates may be issued for retrofit, new development, or redevelopment project
that meet the following conditions:
1. Overall project is less than the minimum requirement #5 threshold (see Chapter 5 of the
City of Port Angeles Urban Service Standards and Guidelines) or is a retrofit project that
implements a rain garden.
2. Rain gardens must be designed and maintained in accordance with the Department of
Ecology's SWMMWW (2014).
3. Stormwater rebates as available funding allows include a rebate for materials to install a
rain garden, up to a maximum rebate of $1,000.00, per household or business.
C. A property owner may request a rate adjustment to the month!y annual charge set forth in
PAMC 13.63.100, only if the property contains no hard surfaces or if the property owner disagrees
with the City's calculations of the rate, or the amount of hard surface area used by the City in
calculating the rate, under PAMC 13.63.100.C. A request for an adjustment shall be submitted in
writing to the Director of Public Works and Utilities. If the property contains no hard surfaces, the
rate shall be adjusted to zero. If the City's calculations or amount of hard surfaces under PAMC
13.63.100.0 is incorrect, the rate shall be adjusted accordingly. Approved adjustments will be
applied prospectively except that reimbursement for overcharges paid by the property owner will
be made by the City for the year during which the adjustment is requested and for the prior year.
D. Any person aggrieved by a decision of the Director of Public Works and Utilities relating
to a request for a rate adjustment authorized by PAMC 13.63.110 may appeal the Director's decision
to the City Manager within 30 days of the date of the Director's decision. The City Manager's
decision shall be final.
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13.63.130 Non-stormwater, illegal discharges and dumping prohibited.
A. Except as provided in subsections B. and C. below, no person shall throw, drain or otherwise
discharge, cause or allow others under4s, its control to throw, drain or otherwise discharge into the
stormwater system any materials other than stormwater.
B. The following discharges into the stormwater system are prohibited, unless the stated
conditions are met:
1. Discharges from potable water sources, including waterline flushing, hyperchlorinated
waterline 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
(to meet water quality standards), and volumetrically and velocity controlled to prevent
resuspension of sediments in the MS4.
2. Discharges from lawn watering and other irrigation runoff shall be minimized.
3. Dechlorinated swimming pool, spa and hot tub discharges. The discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, pH adjusted and re -oxygenized, if necessary,
and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4 and the
property owner has obtained a stormwater discharge permit from the City. Discharges shall be
thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool
cleaning wastewater and filter backwash shall not be discharged to the MS4.
4. Street and sidewalk wash water, water used to control dust, and routine external building
wash down that does not use detergents. To avoid washing pollutants into the MS4, permittee must
minimize the amount of street wash and dust control water used. At active construction sites, street
sweeping must be performed prior to washing the street.
5. Other non-stormwater discharges. The discharges shall be in compliance with the
requirements of the stormwater pollution prevention plan reviewed by the City, which addresses
such discharges.
16. Any discharges from a construction site. Discharges must be in conformance with the
stormwater pollution prevention plan (SWPPP) reviewed by the permittee.
7. Combined sewer overflow (CSO) discharges. This discharge must be in conformance with
a current National Pollution Discharge Elimination System Permit, approved by the Washington
State Department of Ecology.
C. The following categories of non-stormwater discharges are specifically allowed:
1. Diverted stream flows.
2. Rising groundwaters.
3. Uncontaminated groundwater infiltration (as defined at 40 CFR 35 2005(20)).
4. Uncontaminated pumped groundwater.
Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
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8. Springs.
9. Uncontaminated water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Non-stormwater discharges covered by another NPDES or State waste discharge permit.
13. Discharges from emergency firefighting activities in accordance with the City of Port
Angeles' Stormwater NPDES Permit Section S2 Authorized Discharges. The City's Stormwater
NPDES Permit is available to view in the office of the City Engineer.
13.63.160 Unpolluted stormwater discharge shall have approved outlet.
A. Stormwater shall be discharged to such sewers as are specifically designated as storm
sewers, or to a natural outlet approved by the Director.
B. Storm drainage from hard -surfaced or graded areas, such as parking lots, service station
yards, and storage yards, shall enter the public storm sewer system or other outlet approved by the
Director and as required by this chapter and as such facilities are available. Such storm drainage
shall not be connected to or allowed to enter a sanitary sewer, ua ess ath - .u- k-Ved in ..,. king
by the Director- based on laek af feasible-a4ematives or- other appropriate faetem.
13.63.275 Source Control Program for Existing Development.
A. The Ci 's regulatoKy source control pro -gram hereby is initiated to satisfy Ecology's
minimum requirements described in the 2019-2024 Phase II Municipal Stormwater Permit and
developed to serve the community and future generations by working to protect human and
environmental health from contaminated stormwater runoff. The 12gMose of this program is to
prevent and reduce pollutants in runoff from businesses and operations occurring within City limits.
B. Local business owners identified by the Ci as having the potential to pollute as described
in the Cit 's Stormwater Management Pro am SWMP Plan),are required to participate in the
program. Business owner partigipation in the program consists of:
1. Engaging with the City in all necess communications scheduling, information gathering,
documentation, and records requests in a timely and professional manner.
2. Utilize the Cit 's Source Control Pro am di 'tal tracking and reporting latform as it
becomes available.
3. Provide access to the site and all applicable pKameters of the site for inspections or re -
inspections.
4. The business owner or qualified deli ce shall attend each inspection or re -ins ection.
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5. Im lement operational and structural stormwater best management Practices BMPs that
apply to the site and are required by the City.
6. Documentapplicable licable source control policies and procedures.
7. Provide business specific stormwater management and source control trainin s to staff.
8. Under the umbrella of AKART comply with City issued directives deemed necessa to
reduce pollution or risk of pollution being encrated in stormwater runoff from their site.
C. Stormwater Best Management Practices BMPs for source control are described in Volume
IV of the SWMMWW. All business owners are required to implement or apply BMPs listed as
Applicable to All Sites. Activity specific BMPs that are applicable to a site shall be inn lemented
and a lied a ro riatel . Structural source control BMPs or treatment BMPs/facilities or both
shall be required for pollutant generating sources if operational source control BMPs do not preven
illicit discharges or violations of surface water, goundwatcr, or sediment management standards
because of inadequate stormwater controls.
D. All structural or gperational BMPs that goly to a business site or activity shall be
documented and maintained in the business owner's policies and procedures and used to train staff
and perform self -inspections, maintenance and u dates. In cases where the SWMMWW lacks
idance for a specific source of poflutants, the business owner/operator shall work with the City
to implement or adapt BMPs based on the best professional 'ud ement of the City.
E. After an inspection, the City will communicate inspection results with the business owner,
or other res onsible -party, in writing. Items or deficiencies identified by the City as r uirin
improvement, upgade, or maintenance will be listed along with a reasonable timeframe for the
work to be completed.
F. In situations where deficiencies are found or elevated risk can and should be reduced usiniz
AKART the City will attempt to provide or connect the responsible pqqy with relevant education
technical expertise, and resources. Despite the Cit 's efforts to assist support, and provide
resources the responsible pqLty maintains full responsibilityresponsibilily for the deficient situation and for
achieving satisfactory resolution.
G. A business maintains compliance with the Source Control program by:
1. participating in the program, as described in section B above
2. implementing, the required BMPs applicable to the site and b
3. satisfying post -inspection directives necessary to reduce or eliminate contaminated runoff
or risk of pollution given by the City and within the timeframes s ecifged.
If the Cily determines, through inspections or otherwise that a business is noncompliant with
pro&ram r uirements the City will implement ro essive enforcement until compliance is
regained.
H. Pro essive enforcement is intended to encourage the business owner to address the issues
of non-compliance resulting in reducing or eliminating pollution or risk of pollution b
incrementally applying pro essive) adverse consequences to continued non-compliance. The
Cit 's proRressive enforcement policy, applicable to the Source Control Pro am, as well as the
overall Stormwater Manaizement Pro am is as follows:
1. Issuance of a Notice of Noncompliance (NoNQ to the business and/or prgperty own s
defining:
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i. the specific issues of non-compliance
ii. s ecific corrective actions to be taken if U12licable
iii. a pa#hway for the responsible party to regain compliance, if applicable
iv. a reasonable time for the responsible to comply that is appropriate to the situation and as
determined solely by the City.
v. contact information fora person or department at the City capable of providing assistance to
the responsible party regarding the NoNC
2. Issuance of an Order to Maintain or Re air if a licable and as defined in PAMC
13.63.470. If appropriate, an Order to Maintain or Re air mqy be issued in conjunction with a
Notice of Violation.
3. Issue a Notice of Violation(NOV),as defined in PAMC 13.63.480. Progressive
enforcement after issuance of a NOV is described in multiple subsections of this chapter, de endin
on circumstances and ma include assessment of civil penalty and initiation of a lawsuit.
4. Assessment of Civil Penalties and other costs associated as described in PAMC 13.63.480
and 13.63.500.
5. Initiate approLhate legal remedies to collect civil penalties, as described in PAMC
13.63.510.
The Cit 's progressive enforcement policy mgy be applied by the City to an extent deemed
Appropriate by the City and as determined to be in the best interest of the Ci . The City retains the
right to skip stgps in the progessive enforcement poligy, if warranted as determined by the Ci L.
Recourse to any single remedy shall not preclude recourse to an other remedies available to the
City.
I. Resolution to a hazardous or potentially hazardous situation is described in PAMC
13.63.530.
13.63.330 Extensions —Application.
A. The person desiring a storm drain main extension shall apply to the Director requesting
permission to extend the City's stormwater system.
B. The Director shall review the application, and, if the requested extension is determined to
be a proper extension of the stormwater system, shall provide the petitioner with the design
requirements for the extension.
C. If the requested main extension is determined to be an improper extension of the stormwater
system, the application shall be denied.
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13.63.410 Inspection.
A. Reutime Permit -related inspections. The Director or his designee shall have access to any
site for which a site development activity permit has been issued pursuant to section 13.63.270
during regular business hours for the purpose of on -site review and to insxreensure compliance with
the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of
issuance thereof, that such access shall be permitted for such purposes.
B. Inspection for cause. Whenever there is cause to believe that a violation of this title has been
or is being committed, the director or his designee is authorized to inspect the project or property,
and any part thereof reasonably related to the violation, during regular business hours, and at any
other time reasonable in under the circumstances. The applicant for any site development activity
permit under this chapter shall, as a condition of issuance of such permit, agree in writing that such
access to the project site which inhibits the collection of information relevant to enforcement of the
provisions of this chapter shall be grounds for issuance of a stop work order by the Director or his
designee.
C. Pro rarnmatic inspections. During normal business hours the Director or their desi ee
.shall be provided reasonable access to any property, facility, or business required to participate in
the Cit 's Source Control Program for Existing Developments, Operations and Maintenance
Program for Private Stormwater Facilities regulated by the Cily, or other propyams develo ed under
the Cit 's Stormwater Management Pro am and necessanr to satisfy requirements of Ecolo 's
Phase II Permit. Programmatic inspections r2guire a gualified representative from the business
property,prgperty, or organization to provide access attend the inspection, and where able participate in
the inspection alongside City staff. The City will attempt to schedule the inspection or re -ins ection
with the responsible party in advance of the inspection. During the inspection, the City shall be
permitted to take photos or video documentation of conditions relevant to the inspection. Barrin
reasonable access to the property will be considered as non -cam liance with the pro am and the
City will implement progessive enforcement recourses as described in PAMC 13.63.275.
ED. The Council shall establish fees for stormwater related inspections. Inspection fees shall be
detailed in the PAMC 3.70.110.
13.63.500 Liability for costs of investigation.
Any person found to be in violation of this chapter shall be responsible for the costs of investigation
by the City. Such cost may include staff time, Nuipment, materials shipping charges, the analytical
services of a certified laboratory, and any other related costs.
Section 3. - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to,
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the correction of the scrivener's/clerical errors, references to other local, state, or federal laws, codes,
rules or regulations, or ordinance numbering, section/subsection numbers and any references thereto.
Section 4. - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of
the Ordinance to other persons or circumstances, is not affected.
Section 5. -Effective Date. This Ordinance, being an exercise of a power specifically delegated to
the City legislative body, is not subject to referendum. This ordinance shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
PASSED by the City lCouncil of the City of Port Angeles at a regular meeting of said Council
held on the day of , 2022.
— 9-z—�
Kate Dexter, Mayor
jAPPtOVED AS TO FO
Wi iam oo E. Blr, City omey
AT ST: ,
Kari Martinez -Bailey, City
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Summary of Ordinances Adopted by the Port Angeles City Council on July 5, 2022
ORDINANCE NO.3693
AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 3.70 of the Port Angeles
Municipal Code as follows.
ORDINANCE NO.3694
AN ORDINANCE of the City of Port Angeles, Washington amending Chapters 13.62 and Chapter 13.63
of the Port Angeles Municipal Code relating to stormwater-utility and regulations.
These Ordinances, being an exercise of a power specifically delegated to the City legislative body, are not
subject to referendum. These ordinances shall take effect five (5) days after passage and publication of an
approved summary thereof consisting of the title.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website at
www.cityofpa.us or will be mailed upon request.
Kari Martinez -Bailey
City Clerk
Published by summary: Saturday, July 9, 2022
!VMPORTANGELES
W ASH IN G TO N, U. S
321 East Fifth Street
Port Angeles, WA 98362
On June 21, 2022, the Port Angeles City Council had the first reading for Ordinance No. 3694. A second
reading was held on July 5, 2022. Between the first and second readings, minor edits were made, however no
substantial changes were made to the Ordinance. Unfortunately, an older and incorrect draft of the Ordinance
was submitted to the City Council packet for signature at the second reading. This incorrect draft was
subsequently signed by City Council. In light of this scrivener's error, the Port Angeles City Clerk now
includes the correct, intended, Ordinance No. 3694 to this official file.
n
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Kari Martinez -Bailey, City er