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HomeMy WebLinkAbout3935 Ordinance ORDINANCE NO.3, - AN ORDINANCE of the City of Pasco, Washington, Amending Chapter 13.60 "Stormwater Management Utility." WHEREAS, the State of Washington Department of Ecology has created the "Eastern Washington Phase II Municipal Stormwater Permit" which became effective on February 16, 2007; and WHEREAS, this permit includes a number of requirements for the City prohibiting non- stormwater discharges to the stormwater system which are necessary for compliance with the permit; and WHEREAS, to implement compliance with the 'permit regulations, changes are necessary to Chapter 13.60 of the Pasco Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 13.60.030 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 13.60.030 DEFINITIONS. For the purpose of this title, certain terms or words herein shall be interpreted or defined as follows: Except where specifically defined in this chapter all words in this title shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural. A) "Apartments" means any parcel that contains six or more residential units and is used primarily for residential purposes. B) "Developed parcel" means any parcel altered from the natural state by the construction, creation, or addition of impervious surfaces. C) "Director" means the Director of the Department of Public Works or the Director's designee. D) "Drainage facility"means the system of collecting, conveying, and storing surface and storm water runoff. Drainage facilities shall include, but not be limited to all surface and storm water conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and constructed. E) "Illicit Discharge" means any discharge to the storm system that is not composed entirely of storm water, discharge resulting from emergency fire fighting, or other discharges specifically authorized by this Chapter. EE) "Impervious surface" means a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased area of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials, or other surfaces which similarly impede the natural infiltration of surface and storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this chapter. FQ) "Industrial/Commercial property" means any parcel used by a person not defined as apartment,residence or undeveloped parcel. G>K "Maintenance" means the act or process of cleaning, repairing or preserving a system,unit, facility, structure, or piece of equipment. III) "Multi-family Residential" means any parcel which contains from one to five residential units which is within a single structure and is used primarily for residential purposes. IJJJ "Parcel" means the smallest separately segregated unit or plot of land having an identified owner, boundaries, and surface area which is documented for property tax purposes and given a tax lot number by the Franklin County Assessor. JK) "Person" means any individual, firm, company, association, corporation, or governmental agency. KL) "Property owner of record" means a person or persons shown in the records of the County Assessor to be the owner of property and to whom property tax statements are directed. I✓NI) "Rate category" means the classification in this chapter given to a parcel in the service area based upon the type of land use on the parcel and/or the surface area (in acres) of the parcel for lands with stormwater that enters the public right-of-way. MN) "Rates" means the dollar amount charged per unit or per parcel in the "General Classification" of section 13.60.070 based upon the accommodation of stormwater runoff and other surface water management services due to vehicle usage in the public right-of-way associated with the land use activity. Private parcels, excluding single family residence, with impervious surfaces exceeding 1000 square feet which drain to the City street or right-of-way shall be charged an additional monthly fee not to be less than 50% of the Single-Family Residential (SFR)unit as set forth in 13.60.070. NQ) "Retention/detention facility" means a type of drainage facility 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 and then release it to the surface and storm water management system. Ordinance Amending Chapter 13.60 Page 2 9P) "Service changes" means charges to property owners for storm and surface water management services. 1?Q) "Single Family Residence" means a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term residence includes the term "residential" or"residential unit" as referring to the type of or intended use of a building or structure. QR) "State highway right-of-way" means the right-of-way of a state limited access highway. The term does not include City streets forming a part of the route of state highways that are not limited access highways or state property under the jurisdiction of the Washington State Department of Transportation (WSDOT) that are outside the right-of-way lines of a state highway. RS) "Stormwater" means the water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater. &T) "Stormwater management services" means the services provided by the stormwater management utility, including but not limited to basin planning, facilities maintenance, street sweeping, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and storm water quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction. T�U) "Stormwater management system" means constructed drainage facilities and any natural surface water drainage features which collect, store, control, treat and/or convey surface and storm water including pipes, pump stations, and street gutters. UM "Undeveloped parcel" means any parcel that has not been altered from its natural state by the construction, creation, or addition of impervious surface(s). -VW) "Utility" means the Stormwater Management Utility created under the provisions of this chapter. WX) "Vacant building" means any unoccupied building or structure or portion thereof, designed for and intended to be used by a person. (Ord. 3386 Sec. 1, 1999.) Section 2. That a new Section 13.60.140 entitled "Prohibited Discharges" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: 13.60.140 PROHIBITED DISCHARGES. Illicit discharges, as defined by the Washington State Department of Ecology, are not allowed into private storm drain systems. Section 3. That a new Section 13.60.150 entitled "Authorized Discharges" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: Ordinance Amending Chapter 13.64 Page 3 13.60.150. AUTHORIZED DISCHARGES. Discharges to the public stormwater system from the following sources shall be authorized, provided each complies with the respective conditions attached thereto: A) Discharges from water pipe sources, including water line flushing, fire hydrant system flushing, pipe breaks and pipeline hydrostatic test water. Planned discharges shall be controlled to prevent contaminates from entering the stormwater system and discharging to the Columbia River. Chlorine levels shall be reduced to 0.1 ppm or less and pH adjusted. B) Discharges from lawn irrigation or dust control water, provided the sprinkler pattern is fixed within the boundaries of the irrigated property. C) Water used to wash down streets, sidewalks and buildings, provided the wash water is low in suspended solids and any detergent used is biodegradable. D) At active construction sites, with curb and gutter, an approved screening protection system shall be installed in catch basins and street sweeping must be performed prior to washing the street. Damage to street ditches or grass swales shall not be allowed. The develo er of subdivisions with constructed curbs and gutters shall be responsible for the protection and maintenance of the stormwater system for five years or until all the lots are built on, whichever comes first. The protection measures and maintenance program shall be approved by the City Engineer in the form of a written agreement with the developer. Section 4. That a new Section 13.60.160 entitled "Permitted Discharges" of the Pasco Municipal Code shall be and hereby is adopted and shall read as follows: 13.60.160 PERMITTED DISCHARGES. Discharges, other than non-stormwater discharges as -permitted by this Chapter shall require prior approval through a special discharge permit issued by the City Engineer or the State, conditioned upon compliance with the requirements adopted by the City, regulations of the State of Washington, and such other conditions as may be reasonably necessary for the protection of the system, environment, and the health and welfare of the eg neral public. Section 5. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City CounciL of the City of Pasco, Washington, and approved as provided by law this day of , 2009. Joyc lso Mayor ATTEST: APPROVED AS TO FORM: -313gS- De ra L. Clark,�Citoydl(' Leland Wlkerr, ey Ordinance Amending Chapter 13.60 Page 4