ORD 16-019ORDINANCE NO. 16-019
AN ORDINANCE ofthe City of Camas, Washington Adopting a
Revised Chapter 14.02 Relating to Stormwater Control
WHEREAS, to meet the requirements of the Federal Clean Water Act, the State of
Washington Department of Ecology was given the authority to issue municipal stormwater
permits to designated communities in Washington that discharge stormwater into surface water
bodies; and
WHEREAS, the Washington State Department ofEcology reissued the City of Camas a
Western Washington Phase II Municipal Stormwater Permit under the National Pollutant
Discharge Elimination System Program (NPDES) on January 16, 2014; and
WHEREAS, the City of Camas NPDES Permit requires that no later than December 31,
2016 the City must incorporate and adopt the latest edition of the Storm water Management
Manual for Western Washington (the "Manual") prepared by the Department of Ecology for
stormwater control and pollution prevention measures consistent with said permit; and
WHEREAS, the City of Camas NPDES Permit also requires that no later than December
31, 2016, the City shall review, revise and make effective local development related codes, rules
and standards to incorporate and require Low Impact Development principles; and
WHEREAS, the City of Camas has revised Chapter 14.02 to reference the latest edition
of the Manual, delete redundant language already referenced in the Manual or referenced in other
codes, and to modify language to clarify Section 14.02.200 Ownership and Maintenance, Section
14.02.210 Bonds and Insurance, Section 14.02.220 Deviations and Section 14.02.300
Enforcement.
Ordinance No. 16-019 Page-2
NOW, THEREFORE, be it ordained by the Council of the City of Camas as follows :
Section I
There is hereby added to the Camas Municipal Code a revised Chapter 14.02 regulating
stormwater control. The revised Chapter 14.02 shall be as set forth in Exhibit "A" attached
hereto and by this reference incorporated herein.
Section II
This Ordinance shall take force and be in effect five (5) days from and after its publication
according to law.
November, 2016. SIGNED :~-=--~------"LL______._C=-----==). =--
Mayor
ATTE ~~~
Clerk
APPROVEDa 'i~furm :
£A/t{u-
City Attorney
Title 14-OFFENSES AND MISCELLANEOUS PROVISIONS
Chapters:
Chapter 14.02-STORMWATER CONTROL
Sections:
14.02.010 Purpose
14.02.020 Definitions
14.02.030 Applicability
14.02.040 Exemptions
14.02.050 Adoption of Manual
14.02.060 Cross Reference
14.02.070 Liability
14.02.80 Low Impact Development
14.02.90 Ownership and Maintenance
14.02.100 Bonds and Insurance
14.02.110 Deviations
14.02.120 Enforcements
14.02.010-Purpose.
It is the purpose of this chapter to adopt an ordinance, and other enforceable mechanisms, required
for compliance with the most current version of the City of Camas' National Pollutant Discharge
Elimination System (NPDES Ph. II Permit) Western Washington Phase II Municipal Stormwater Permit,
and for compliance with the federal Underground Injection Control (UIC) program, through application of
best management practices (BMPs) for stormwater management. The regulatory basis requiring this
ordinance is as follows:
1. To meet requirements of the Federal Clean Water Act, the State of Washington Department of
Ecology has been given the authority to issue municipal stormwater permits to designated
communities throughout the state that discharge stormwater into surface water bodies. The
Washington State Department of Ecology issued the City of Camas a Western Washington
Phase II Municipal Stormwater Permit under the National Pollutant Discharge Elimination
System (NPDES) program. The permit requires that the City of Camas adopt stormwater control
and pollution prevention measures for development and re-development, with the goal of
improving waters of the state.
2. The Underground Injection Control (UIC) program was created by Congress to protect
underground sources of drinking water from discharges of fluids to the ground. Chapter 173 -
218 WAC was adopted by the Washington State Department of Ecology to regulate stormwater
discharges to groundwater through drywells and other types of underground infiltration systems
that are not regulated under the NPDES permit.
The ordinance is a means of preventing stormwater issues from causing harm to the health
or safety of the public, and to promote the public health, safety and general welfare by providing
standards in stormwater runoff in order to:
1. Minimize surface and groundwater quality degradation and prevent erosion and
sedimentation of creeks, streams, ponds, lakes, wetlands, and other water bodies;
2. Minimize damage to property from increased runoff rates and volumes;
Page 1
3. Protect the quality of waters for drinking water supply, contact recreation, fishing and other
beneficial uses;
4. Establish sound developmental policies which protect and preserve the city's water
resources;
5. Protect the roads and rights-of-way from damage due to inadequately controlled runoff and
erosion;
6. Preserve and enhance the aesthetic quality of water resources;
7. Protect the health, safety and welfare of the inhabitants of the city;
8. Maintain existing groundwater levels, in-stream flows, and available water supply volumes;
and
9. Further the goals of no net negative impact in the quantity of runoff entering streams and
no net negative change in the quality of runoff entering streams through the
implementation of best management practices.
14.02.020-Definitions.
For the purposes of this chapter, the following definitions shall apply. Any terms not defined herein
are as defined in the most current version of the Stormwater Management Manual for Western
Washington (SWMMWW).
City -The City of Camas.
Department of Ecology (DOE or Ecology) -Is an environmental regulatory agency for the State of
Washington. The department administers laws and regulations pertaining to the areas of water quality,
water rights, and water resources, shoreline management, toxics clean-up, nuclear waste, hazardous
waste and air quality.
Design Standards Manual -The most current edition of the City of Camas Design Standards
Manual.
Development Site -The entire, legal bounds of a property on which a development activity Is
proposed.
Director-The director of the City of Camas public works department or designee.
Drainage Area-The entire geographic surface area drained by a river and its tributaries; the surface
area upstream of a point on a stream, where the water from rain, snowmelt, or irrigation which is not
absorbed into the ground flows over the ground surface, back into streams, to finally reach that point; an
area characterized by all runoff being conveyed to the same outlet.
Drainage Project -The excavation or construction of pipes, culverts, channels, embankments or
other flow-altering structures in any stream, stormwater facility or wetland in the City of Camas.
Linear -Any street designated as collector or arterial in the latest adopted version of the map within
the Camas Comprehensive Plan entitled "City of Camas Transportation Comprehensive Plan".
NPDES Construction Stormwater General Permit -The permit required, and issued by
ECOLOGY, for any land-disturbing activity which may result in a discharge of stormwater to surface
waters of the state; which Includes storm drains, ditches, wetland, creeks, rivers, lakes, and marine
waters.
Operations and Maintenance (O&M) Manual -The document prepared to explain the proper
specific operational and maintenance details of public and private stormwater facilities installed as
required by the Stormwater Management Manual.
Page 2
Stormwater Management Manual (SWMMWW) -The latest edition of the Stormwater
Management Manual for Western Washington, prepared by the Washington State Department of
Ecology for use by local governments.
Underground Injection Control (UIC) -A manmade subsurface fluid distribution system designed
to discharge fluids into the ground, consisting of an assemblage of perforated pipes, drain tiles, or other
similar mechanisms, or a dug hole that is deeper than the largest surface dimension. Subsurface
infiltration systems include drywells, pipe or french drains, drain fields, and other similar devices.
Waters of the State -Includes storm drains, ditches, wetlands, creeks, rivers, lakes, marine waters,
and all other surface waters and water courses within the jurisdiction of the State of Washington.
WSDOT HR Manual -The Washington State Department of Transportation's Highway Runoff
Manual (WSDOT HR Manual) contains BMPs to prevent, control, or treat pollution in stormwater and
reduce other stormwater related impacts to waters of the state. The WSDOT HR Manual is intended to
provide guidance on measures necessary to control the quantity and quality of stormwater runoff from
road projects.
14.02.030-Applicability.
Provisions of this chapter shall apply to new development and redevelopment activities, as defined
herein and as regulated by the latest edition of the Stormwater Management Manual for Western
Washington (SWMMWW), as amended by this Ordinance.
All new development and redevelopment project activities shall comply with this chapter; and its
mandatory incorporated provisions of the following documents:
• Latest edition of the Stormwater Management Manual for Western Washington (SWMMWW); and
the
• Latest edition of the City's Design Standards Manual.
All new linear project activities shall comply with this chapter; and its mandatory incorporated
provisions of the following documents:
• Latest edition of the Washington State Department of Transportation "Highway Runoff Manual";
and the
• Latest edition of the City's Design Standards Manual.
14.02.040-Exemptions.
Exemptions shall be as defined by the Stormwater Management Manual (SWMMWW).
A.
Specific exemptions, as provided by the SWMMWW, as modified by the City's Design Standards
Manual, as amended.
14.02.050-Adoption of manuals.
The latest edition of the SWMMWW is adopted by reference, and the recommendations and
requirements contained therein will be the minimum standards for this chapter.
To supplement the minimum standards set forth above to regulate activities subject to this chapter,
and to provide technical guidance, the city hereby adopts by reference the most current version of the
following manuals:
Page 3
For Development and Redevelopment Projects:
1. Latest edition of the Department of Ecology's Stormwater Management Manual for Western
Washington (SWMMWW).
2. Latest edition of the City of Camas Design Standards Manual.
• The Design Standards Manual is intended to supplement and clarify the SWMMWW to
provide guidance for, and tailor to, local conditions. The Design Standards Manual may also
adopt measures that are deemed equivalent by the Washington State Department of Ecology.
3. Latest edition of the City's Storm Sewer Systems Operation & Maintenance Manual.
For Linear Projects:
1. Latest edition of the Washington State Department of Transportation 'Highway Runoff Manual'.
2. Latest edition of the City of Camas Design Standards Manual.;
3. Latest edition of the City's Storm Sewer Systems Operation & Maintenance Manual.
14.02.060-Cross references.
Any reference to "Stormwater Management Manual" or "Washington Department of Ecology's
Stormwater Management Manual for Western Washington" or "BMP's approved by the Western
Washington Stormwater Manual"; wherever found within the Camas Municipal Code (CMC), shall refer to
this chapter and to the equivalent manuals as adopted in this chapter.
14.02.070-Liability.
Nothing in this chapter shall be deemed to impose any liability upon the City of Camas or upon any
of its officers or employees, or to relieve the owner or occupant of any property from the duty to keep their
property in a safe and healthy condition.
14.02.80-Low impact development.
As it relates to stormwater compliance regulations, new development and redevelopment projects
shall meet the LID performance standards, as outlined in the Stormwater Management Manual.
A. For purposes of providing technical guidance concerning Low Impact Development (LID)
practices, on those activities subject to this chapter, the city hereby approves the use of the
most current edition of the following manuals;
1. Low Impact Development Technical Guidance Manual for Puget Sound.
2. Stormwater Management Manual (SWMMWW).
3. City's Design Standards Manual.
B. All uses of LID practices shall meet applicable regulations and requirements.
14.02.90-Ownership and maintenance.
A. Ownership and Maintenance Responsibility.
Stormwater systems and facilities which collect, convey, treat, and/or infiltrate stormwater runoff,
including residential developments and non-residential developments; such as commercial, industrial, and
school sites; are ultimately the responsibility of the applicant to operate and maintain, at a minimum until
the end of the 2-year warranty period or until turned over to an HOA or collective homeowners.
Page 4
Ownership for stormwater facilities shall be specified on the recorded plat, if applicable, or as stated in the
Condition of Approval (COA).
1. Stormwater facilities, located within residential subdivisions and short plats, shall be the
maintenance responsibility of the applicant for two (2) years after date of final acceptance. This
maintenance period shall run concurrent with the city's required 2-year warranty period that
begins at Final Acceptance (ref CMC 17.21.040 (B) Paragraph_2). Prior to end of the two-year
warranty period, and upon inspection by the City, the applicant shall ensure that a fully
functional facility is turned over to the new owners (e.g. Homeowners
Associations/homeowners).
2. At completion of the two-year warranty period, stormwater facilities located within a residential
development shall be the maintenance responsibility of the Homeowners Associations (HOA)
unless determined otherwise by the director. All stormwater facilities, or such facilities within any
residential subdivision where an HOA has not been established, shall be maintained by the
home/owners/property owners within the platted subdivision or short plat.
B. Maintenance Standards. Stormwater facilities, both private and public, shall be inspected by the City
and maintained so that they operate as designed. Inspection and maintenance shall be in
accordance with the "Maintenance Standards for Drainage Facilities" as outlined in the Stormwater
Management Manual (SWMMWW) and the City's Storm Sewer Systems Operation & Maintenance
(O&M) Manual standards.
C. Stormwater Facilities Inspections. The city shall have the right-of-entry and authority to inspect all
stormwater facilities for compliance with this chapter. If the stormwater facility is not being
maintained, as intended, the city shall take enforcement action as specified in 14.02.300 to bring the
facility into compliance. If required actions are not performed in a timely manner and/or if immediate
action is necessary to protect public health, safety, or public resources, the city may perform this
maintenance and bill the responsible party (ies) for the costs of such maintenance.
14.02.100-Bonds and insurance.
To insure satisfactory operation of new stormwater facilities, the applicant constructing the facility
shall maintain the facility for two years after final acceptance of the project. The requirements of this
section are in addition to any bonding or insurance otherwise required.
A After final acceptance of stormwater facilities, the applicant shall post and maintain a two-year
maintenance bond or other security acceptable to the director. The two-year maintenance bond
will cover the cost of design defects, failures in workmanship, and failure to maintain the
facilities. The amount of the maintenance bond shall be twenty percent of the construction cost,
including landscape requirements, of the stormwater facilities.
B. Bonding and insurance requirements of shall be waived for development activities and drainage
projects undertaken by governmental agencies.
14.02.110-Deviations.
The approval authority may authorize deviations from the minimum requirements of this chapter
pursuant to a Type II decision or as part of a consolidated review process . Any decision to approve a
deviation shall include affirmative findings addressing the following:
A The deviation provides for the use of Low Impact Development practices for stormwater
management; or
B. The deviation shall be limited and shall provide equivalent environmental protection.
1. The deviation shall be based on sound engineering practices, with the objectives of safety,
function, environmental protection, and facility maintenance considered.
2. The deviation requested does not necessitate the need for additional deviations,
exceptions, or variances from the Camas Municipal Code.
Page 5
Any authorization for deviation may prescribe conditions deemed necessary or desirable for the
public interest.
14.02.130-Enforcement.
Any violation of any provision or failure to comply with any of the requirements of this chapter, or a
violation of or failure to comply with any of the terms and conditions of any approval issued under the
provisions of this chapter shall be subject to the Enforcement provisions of CMC Sections 18.55.400
through 18.55.460.
Page 6