23.40.010 Stormwater Management Manual.
A. Adopted. The 2019 Department of Ecology Stormwater Management Manual for Western Washington is hereby adopted as the city’s minimum stormwater regulations and as a technical reference manual and is referred to as the “2019 Stormwater Manual.” Pursuant to RCW 35A.12.140, a copy shall be filed in the office of the city clerk and shall be available for use and examination by the public.
B. Administration.
1. The director shall administer the Stormwater Management Manual and shall be referred to as the administrator. The administrator shall have the authority to develop and implement administrative procedures to administer and enforce the provisions of the Stormwater Management Manual.
2. All activities regulated by the Stormwater Management Manual shall be reviewed and approved by the administrator or designee in conjunction with the city’s review and decisional process for the permit or other approval required in order to authorize the underlying activity, and prior to beginning any work.
3. The administrator shall enforce the provisions of the Stormwater Management Manual.
4. All activities regulated by the Stormwater Management Manual shall be inspected by the administrator or designee. The administrator shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction, installation of BMPs, land disturbing activities, installation of utilities, landscaping, retaining walls and completion of project. When required by the administrator or designee, a special inspection and/or testing shall be performed.
5. Fees for plan review and inspection of activities regulated by the Stormwater Management Manual shall be as set by periodic resolution of the city council.
6. Any appeal of the administrator’s review and determinations pursuant to this section shall be appealable as part of the city’s underlying permit or approval decision in the manner applicable to that decision.
C. Enforcement.
1. Compliance with the requirements of the Stormwater Management Manual shall be mandatory. The general penalties and remedies established in Chapter 1.04 MMC for such violations shall apply to any violation of this chapter.
2. The administrator or designee shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter. If a portion of a project is in violation of this chapter, the administrator or designee may issue a stop work order for the entire project.
a. The order shall contain:
i. A description of the specific nature, extent, and time of violation and the damage or potential damage; and
ii. A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective action to be taken within a given time.
b. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same, or by posting at the project site.
c. The stop work order issued under this subsection shall become effective immediately upon receipt by the person to whom the order is directed or upon posting the project site.
d. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty and/or criminal misdemeanor prosecution.
3. When the administrator determines that a violation has occurred or is occurring, the administrator, or designee, may issue a notice and order of code violation to the person responsible for the violation in conformance with the enforcement procedures of Chapter 1.04 MMC. The notice and order may be combined with the stop work order identified in subsection (C)(2) of this section. (Ord. 020/2022 § 3; Ord. 016/2021 § 2)