Title 13 (selected sections)

Chapter 13.10 STORM AND SEWER SURFACE WATER UTILITY

Section 13.10.010 Definitions.

    A.    Authorized City Official. For the purposes of this chapter, the Anacortes director of public works or designee may be cited herein as only "official" for simplicity of presentation.
    B.    "Developed parcel" means any parcel which has been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area which affects the hydraulic properties of the parcel.
    C.    "Development" means any artificial change to property, including but not limited to building or other structures, mining, dredging, filling, all land-disturbing activities, clearing, grading, landscaping, paving, excavation, or drilling operations.
    D.    "Drainage facility" means structures or features, natural or artificial, that convey, treat, and/or abate surface water runoff, including but not limited to detention facilities, retention facilities, and drainage retention/abatement facilities.
    E.    "Equivalent residential unit (ERU)" or "Impervious surface unit (ISU)" means a configuration of impervious which is approximately equal to that of the average single family residential parcel. One ERU or ISU is equivalent to two thousand square feet of impervious surface area.
    F.    "Impervious areas" means a hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, graveled areas, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water.
    G.    "Parcel" means a separately segregated unit or plat of land having an identified owner and specified boundaries.
    H.    "Residential parcel" means any parcel of land having on it a single structure which is designed for occupancy by a single family or a duplex residential unit.
    I.    "Undeveloped parcel" means any parcel which has not been altered by construction of any improvements or other impervious surface areas which affect the hydraulic properties of the parcel or by grading or filling. (Ord. 2488 § 1, 1999)

Section 13.10.020 System of charges.

    A.    There is imposed a system of charges on each developed parcel of real property within the city to operate the stormwater program. The charges are deemed reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt.
    B.    The following charges are established for all developed parcels of real property in the city. The charges for all such parcels shall be computed by multiplying the basic charge for each ISU times the total number of ISUs per parcel.
    1.    General Facilities Charge. A one-time charge of one thousand one hundred twenty-six dollars per ISU for new development for the planning, design, and construction of capital improvements associated with the city stormwater drainage system and facilities.
    2.    Monthly User Fee. The minimum monthly fee shall be three dollars/ISU, and shall fund the operation, maintenance and administration of the city stormwater utility.
    3.    Single Family and Duplex Residential Parcels. The charge shall be one ISU per month for each single family or duplex residential parcel.
    4.    Undeveloped Parcels. Undeveloped parcels shall not be assessed a GFC or monthly user fee.
    5.    Other Parcels (Commercial, Industrial, and Multi-family). The charge for all parcels, except single-family and duplex residential parcels and undeveloped parcels, shall be based upon the total amount of impervious area as expressed in ISU. ISUs shall be measured for rate of computation purposes to the nearest one-tenth of an ISU. The minimum charge shall be for one ISU for a GFC or monthly user fee.
    C.    No monthly user fee shall be payable under subsection (B) of this section for the area annexed to the city by Ordinance No. 2475 (effective 3/2/99) until 10/1/2002.
    D.    The monthly user fee in the HM and LM1 zones shall be twenty percent of the standard city stormwater fee.
    E.    The general facilities charge (GFC) in the HM and LM1 zones shall be twenty percent of the standard city GFC. (Ord. 2601, 2002; Ord. 2599, 2002; Ord. 2596, 2002; Ord. 2488 § 2, 1999)

Section 13.10.030 Billing and collection.

    Storm and surface water charges for each parcel of real property within the city shall be computed on a monthly basis. The amount billed shall be included on the sanitary sewer bill or on the water or garbage bill if not serviced by sanitary sewer. A separate billing may be made to those property owners of developed parcels within the city who are not city of Anacortes water, garbage, or sanitary sewer customers. (Ord. 2488 § 3, 1999)

Section 13.10.040 General facilities charges.

    A one-time GFC of one thousand one hundred twenty-six dollars per ISU shall be assessed for all new development of real property in the city, except for new developments that make special arrangements acceptable to the city public works director and federal and state agencies to undertake direct discharge to marine waters. The GFC shall represent a fair and equitable share of the historic and future cost of the city's storm and surface water system of drainage structures and facilities. (Ord. 2488 § 4, 1999)

Section 13.10.050 Developer contributions.

    The city is authorized to assess developers of real property within the city a fair and equitable prorata portion of specific offsite storm and surface water drainage improvements necessitated by new developments on parcels owned by such developers. These assessments shall be made in addition to any other requirements of the city for onsite improvements and adjusted by the previous payment for a stormwater GFC for the parcel. All developer contributions shall be placed in a separate revenue account and earmarked for specific projects or improvement, and utilized solely for such purposes. (Ord. 2488 § 5, 1999)

Section 13.10.060 Permits.

    A permit is required for any person to construct, install, place, or attempt to construct, install, or place any storm or surface drainage structure or facility within the city. Every person desiring to construct or install any storm or surface water facility, whether on private or public property shall make application for same to the city prior to commencing work on such project. Such applications shall be made on forms provided by the city and shall include all information as may be required by the city. The application shall be approved by the city official or his/her designate prior to construction. Such construction or installation must comply with all city ordinances, regulations, other controls or standards. Each application submitted to the city shall be accompanied with payment for a construction permit fee in an amount established by the city. Failure to obtain such a permit will result in the fee doubled. Such fees shall defray the cost of all inspections and plan review(s) required by the city prior to and during the construction of storm and surface water drainage facilities. This section shall not be construed to duplicate any other existing city requirements. (Ord. 2488 § 6, 1999)

Section 13.10.070 Appeals.

    Any owner or owners who dispute the amount of their charges or who dispute any determination made by or on behalf of the city pursuant to and by authority of this chapter, may petition the city official in writing for a hearing on a revision or modifications of such charge or determination no later than thirty days after having been billed for such charge or after having been notified of such determination. Upon receiving such a petition, the city official shall schedule a hearing within thirty days before the city council. Notice of the hearing shall be provided to the petitioner at least ten days prior to the hearing. Following the hearing, a final determination shall be made by the city council and the petitioner so notified within thirty days. (Ord. 2488 § 7, 1999)

Chapter 13.36 DRAINAGE REQUIREMENTS AND REGULATIONS

Section 13.36.010 Purpose.

    The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city's watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable groundwater quantities, locations and flow patterns; to ensure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 2441 § 1, 1997)

Section 13.36.020 Definitions.

    Words and phrases used in this chapter have the meaning set forth in this section:
    "Authorized city official" means the Anacortes director of public works or designee. May be cited in this chapter as only "official" for simplicity of presentation.
    "Best management practices (BMP)" means physical facilities, and/or managerial practice, that when used singly or in combination prevent or reduce pollution of water. BMPs include, but are not limited to: infiltration, retention and/or detention facilities; biofiltration facilities; open ditches with check dams; filter fabric-strips; oil/water separators; constructed wetlands; erosion control; sedimentation controls, and other water treatment/sediment and pollution abatement facilities.
    "Biofiltration facility" means the simultaneous process of filtration, infiltration, adsorption and biological uptake of pollutants in stormwater that take place when runoff flows over and through vegetated treatment facilities. The term includes vegetated open roadside drainage ditches.
    "Computations" means calculations, including coefficients and other pertinent data, made to determine the rates of flow for stormwater plans, with units given in cubic feet per second.
    "Critical area" means critical areas as defined in the city zoning ordinance.
    "Current conditions" means the state, status or condition of the subject property at the time the application is made, which may include existing buildings, impervious areas and topography as is.
    "Design storm" refers to that rainfall event which is selected by the city engineer for purposes of design, specifying both the return period in years and the duration in hours.
    "Detention facilities" means facilities designed to hold runoff while gradually releasing it at a predetermined maximum rate.
    "Developed conditions" means the state, status or condition of the subject property at the time the proposed project has been completed, which may include existing buildings, impervious areas and topography as is.
    "Developer" means the individual(s) or corporation(s) or governmental agency(ies) applying for the permits or approvals described in Section 13.36.030  of this chapter.
    "Development" means any artificial change to property, including but not limited to, building or other structures, mining, dredging, filling, all land-disturbing activities, clearing, grading, landscaping, paving, excavation or drilling operations.
    "Developmental coverage" means all developed surface areas within the subject property including but not limited to rooftops, driveways, carports, accessory buildings, parking areas, and any other impervious surfaces. During construction, "developmental coverage" includes the above in addition to the full extent of any alteration of previously occurring soils, slope, or vegetation due to grading, temporary storage, access areas, or any other short-term causes.
    "Drainage area" means the watershed contributing water runoff to and including the subject property.
    "Drainage facility" means structures or features, natural or artificial, that convey, treat, and/or abate surface water runoff, including but not limited to detention facilities, retention facilities and drainage retention/abatement facilities.
    "Drainage site" means a geographical area that serves a common or combined use including but not limited to shopping malls and strips, condominiums, apartment complexes, office parks and housing tracts. A site may include one or more parcels and/or include one or more buildings. See also Development.
    "Drainage system" means the drainage system comprised of natural and artificial systems that convey surface water within the city of Anacortes. This system includes pipes, culverts, ditches, open channels, streams, lakes, rivers, ponds, and detention and retention ponds, as well as other types of conveyance facilities. Depending on its context, a "drainage system" refers to either the public drainage system or a private drainage system, or to both.
    "Drainage treatment/abatement facilities" means any facilities installed or constructed in conjunction with a drainage plan for the purpose of treating urban runoff to improve water quality, excluding retention or detention facilities.
    "Ecology manual" means the Washington State Department of Ecology (WSDOE) Stormwater Management Manual for the Puget Sound Basin.
    "Illicit discharge" means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality, or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains and gray water systems.
    "Impervious areas" means that hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, graveled areas, walkways, patios, driveways, parking lots or storage areas, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of surface water.
    "King County manual" means King County Surface Water Design Manual.
    "Land-disturbing activities" means any activity that disturbs or alters land surface including clearing and grading.
    "Large parcel stormwater plan (LPSP)" means a plan to implement BMPs to control pollution generated during land-disturbing activity pursuant to Section 13.36.110. Guidance for preparing an LPSP is contained in the ecology manual or the King County manual.
    "Natural location" of drainage systems means the location of those channels, swales, and other natural conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.
    "New development" means the following activities: land-disturbing activities; structural development, including construction, installation or expansion of building or other structures; installation of impervious surfaces; and subdivisions or short plats.
    "Planned unit development" refers to residential developments which are planned and/or developed in several stages but submitted together for approvals, and which typically consist of clusters of structures interspersed with areas of common open space.
    "Pollutant" means any substance which, when added to water, would contaminate or alter the chemical, physical or biological properties of any waters of the city's drainage system or of the state. This includes a change in temperature, taste, color, turbidity or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the city's drainage system or of the state so as to create, or is likely to create, a nuisance. It also includes any substance which renders such waters harmful, detrimental or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
    "Private drainage system" means drainage systems located on private property and designed to discharge directly, as through pipes, channels, etc., or indirectly as sheet flow, subsurface flow, etc., into the city's drainage system.
    "Public drainage system" means that portion of the drainage system of the city located on public right-of-way or other property owned by the city, and those portions of private drainage systems assumed by the city.
    "Receiving bodies of water" means creeks, streams, lakes, and other bodies of water into which waters from drainage systems are directed, either naturally, in artificial ditches, or in closed conduit systems.
    "Redevelopment" means on an already developed site, the creation and/or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure, and/or replacement of impervious surface that is not part of a routine maintenance activity, and land-disturbing activities associated with structural or impervious redevelopment.
    "Retention facilities" means facilities designed to hold water for a considerable length of time and then consume it by evaporation, plant transpiration or infiltration into the soil.
    "Small parcel stormwater plan (SPSP)" means a plan to implement BMPs to control pollution generated during land clearing activity pursuant to Section 13.36.100.
    "Stormwater plan" means a plan approved by the city of Anacortes which includes either a small parcel or large parcel stormwater plan and/or a permanent stormwater quality control plan.
    "Subject property" means the tract of land which is the subject of the permit and/or approval action, as defined by the full legal description of all parcels involved in the proposed development.
    Terms of approval, judgment or direction. When the terms "approved," "subject to approval," "satisfactory," "equal to," "or equal," "proper," "as directed," "where directed," "when directed," "determined by," etc., are used, the approval, judgment or direction implied is understood to be a function of city as represented by the authorized city official.
    "Water quality control plan (WQCP)" means a plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land-disturbing activity has been completed. (Ord. 2441 § 2, 1997)

Section 13.36.030 Applicability.

    A.    All developers taking any of the following actions or applying for any of the following permits and/or approvals may be required to submit for approval a stormwater plan with their application and/or request:
    1. Creation or alteration of new or additional impervious surfaces;
    2.    New development;
    3.    Redevelopment:
    4.    Building permit;
    5.    Subdivision approval;
    6.    Short subdivision approval;
    7.    Commercial, industrial or multifamily site plan approval;
    8.    Planned unit development;
    9.    Development within or adjacent to critical areas;
    10.    Rezones;
    11.    Conditional use permits;
    12.    Substantial development permit required under RCW 90.58 (Shoreline Management Act).
    B.    Commencement of construction work under any of the actions, permits or applications set forth in subsection A of this section shall not begin until the city approves a stormwater plan which may include one or more of the following as required by this chapter:
    1.    Small parcel stormwater plan (SPSP), pursuant to Section 13.36.100;
    2.    Large parcel stormwater plan (LPSP), pursuant to Section 13.36.110;
    3.    Water quality control plan (WQCP), pursuant to Section 13.36.120.
    C.    Guidance on the approach to preparing a stormwater plan is contained in both the Department of Ecology and King County manuals.
    D.    Whenever a minimum area or quantity requirement is set forth in this chapter, such requirement shall be met if any activity or development occurs that meets these requirements within a continuous eighteen-month period. (Ord. 2441 § 3, 1997)

Section 13.36.040 Exemptions.

    A.    Throughout the ordinance codified in this chapter various requirements are conditioned upon the authorized city official's authority to waive a requirement. This grant of authority does not mean that the official may arbitrarily waive standards and requirements of this chapter. It means that the standards and requirements in this chapter will apply except in cases when the official determines, after review of a properly-filed request for exemption, that the proposed activity will not cause any of the following conditions:
    1.    Adversely impact the water quality conditions of any affected receiving bodies of water,
    2.    Alter drainage patterns, increase the runoff volume, increase the peak discharge, or cause any other adverse effects in the drainage area,
    3.    Alter the subsurface drainage patterns, flow rates and discharge points, or result in any significant adverse effects to property or residents,
    4.    Cause runoff exceeding the available capacity of the existing drainage system,
    5.    Raise the existing high water level or reduce the flood-carrying capacity of any water course, and
    6.    Increase, beyond the subject property boundaries, the velocities downstream, nor raise the backwater upstream;
    B.    Development undertaken by the Washington State Department of Transportation in state highway rights-of-way which is regulated and meets the requirements of Chapter 173-270 WAC, the Puget Sound Highway Runoff Program, is exempted from the requirement of this chapter;
    C.    Commercial agriculture, including only those activities conducted on lands defined in RCW 84.34.020(2), and production of crops or livestock for wholesale trade;
    D.    Forest practices regulated under Title 222 Washington Administrative Code, except for Class IV general forest practices, as defined in WAC 222-16-050, that are conversions from timber land to other uses;
    E.    Requests for exemption shall be filed in writing with the official, and shall adequately detail the basis for granting an exemption;
    F.    The official shall notify the city council of the intent to issue an exemption to this chapter as allowed by this section;
    G.    The decision of the official, as to an exemption or denial thereof, may be appealed to the city council by filing written notice of appeal with the city clerk within ten days of service of the director's decision. The cost of the appeal shall be one hundred fifty dollars. (Ord. 2441 § 4, 1997)

Section 13.36.050 Best management practices (BMPs).

    BMPs shall be used to control and treat the quantity and quality of stormwater before it leaves the site. BMPs shall be used to comply with the standards in this chapter. Guidance for the approach to design, implementation and maintenance of BMPs are provided in the latest Department of Ecology and King County manuals in existence at the time of adoption of the ordinance codified in this chapter.
    The type, location and quantity of BMPs employed on a project shall be approved by the official. BMPs may be modified and/or increased during the construction phase should the official determine the proposed BMPs to be inadequate to achieve the result desired.
    Wet ponds will not be allowed, unless approved by the official. (Ord. 2441 § 5, 1997)

Section 13.36.060 Illicit discharges.

    A.    Discharges Prohibited to Public Drainage Systems. All illicit discharges, as defined in Subsection B below, made either directly or indirectly to a public drainage system, are prohibited and constitute a violation of this chapter.
    Stormwater shall not be allowed to enter the sanitary sewer system, through either direct connection or surface waters entering through manhole lids, etc.
    B.    Illicit Discharges Defined. Except as provided in subsection C below, all discharges which are not composed entirely of stormwater are illicit discharges.
    The following is a partial list, provided for informational purposes only, of common substances which are illicit discharges when allowed to enter a public drainage system:
    Solid waste; human and animal waste; antifreeze, oil, gasoline, grease, and all other automotive and petroleum products; flammable or explosive materials, metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; paint products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent; ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; animal carcasses; food and food waste; yard waste; dirt; sand; cement; plaster; dry-wall compound; and gravel.
    C.    Permissible Discharges. Discharges from the sources listed below shall only be illicit discharges if determined that the type of discharge, whether singly or in combination with others, is causing or contributing to a water quality violation or is causing or contributing to a water quality problem, such as those which contain more contamination than typical discharges in the city, or which contain a type of contamination that is more toxic or is otherwise a more serious problem than typical discharges in the city:
    Potable water sources; washing of potable water storage reservoirs; flushing of potable water lines; natural uncontaminated surface water; natural uncontaminated groundwater; air conditioning condensation; natural springs; uncontaminated water from crawl space pumps; uncontaminated runoff from lawn watering; uncontaminated irrigation runoff; flows from riparian habitats and wetlands; and discharges from footing drains and other approved subsurface drains or, where approval is not required, installed in compliance with this chapter and rules promulgated pursuant to this chapter.
    D.    Exemption. Discharges resulting from public firefighting activities, but not from activities not related to firefighting, such as the maintenance or cleaning of firefighting equipment, are exempt from regulation under this section.
    E.    Testing for Illicit Discharges. When the authorized city official has reason to believe that any discharge is an illicit discharge, the official may arrange for a responsible party to sample and analyze the discharge at the city's expense, and to provide an analysis of the data to the city. If it is found that the discharge was an illicit discharge, the city will recover the related investigation costs from the responsible party in an enforcement proceeding. When a discharge is judged likely to contain illicit discharges on a recurring basis, city may conduct ongoing monitoring at the responsible party's expense or may require the responsible party to conduct such monitoring. (Ord. 2441 § 6, 1997)

Section 13.36.070 General design and construction standards.

    Unless otherwise provided, it shall be the developer's and property owner's responsibility to design, construct and maintain a system which complies with these standards and minimum requirements.
    A.    Surface water entering the subject property shall be received at the naturally occurring locations, and surface water exiting the subject property shall be discharged with adequate energy dissipaters within the subject property to minimize downstream damage into the naturally occurring drainage basins to the maximum extent possible, as determined by the official.
    B.    Where open channel construction is used to handle drainage within the subject property, the following standards shall apply:
    1.    In open channel work, the water surface elevation from the ten- and one hundred-year design storms shall be indicated at upstream and downstream points which cross the subject property boundaries, at sudden grade changes, and/or other locations as deemed necessary on the plan and profile drawings. The configuration of the finished grades constituting the banks of the open channel, typical cross-sections of channel geometry, and hydraulic gradelines as appropriate shall also be shown on the drawings.
    2.    The proposed cross-section of the channel will be shown with stable side slopes at minimum horizontal to vertical ratio of 3:1 or flatter or as approved.
    C.    When a closed system is used to handle drainage within the subject property, the system shall be a minimum of ten feet from all structures. Closed drainage systems or culverts on an existing, defined watercourse, stream or creek shall be designed to convey flows from a one hundred-year recurrence storm event. All other closed drainage systems shall be designed to convey flows from a twenty-five-year recurrence storm event.
    D.    All drainage easements granted to the city within the subject property shall be at least twenty feet in width for operation and maintenance of open channel or closed system installation.
    E.    Where drainage facilities discharge to natural drainage ways and/or watercourses, approved energy dissipation facilities shall be provided to minimize erosion and deterioration of the stream bed or banks. Materials such as broken concrete slabs, pipe, tires, scrap metal or debris are prohibited for use as energy dissipaters.
    F.    All nonmetallic underground drainage facilities installed during construction shall have tracer tape placed a minimum depth of one foot above the facility.
    G.    In addition to any other applicable requirements, all drainage systems directing water from single-family residential rooftops and footing drains shall be either (i) tight-lined to a storm drainage system, (2) discharged to a dry well, (3) infiltrated through a French drain system, (4) dispersed to vegetated ground using a splash block, or (5) other similar handling as approved.
    H.    Surrounding properties shall be protected from stormwater runoff from the development. This shall be accomplished be constructing private drain lines on the perimeter of the development and discharging the storm runoff into a public storm sewer system. Open space tracts and buffers shall not be used for this purpose, unless otherwise approved. Private drain lines shall be contained in private drainage easements with appropriate statements placed on approving documents.
    I.    Drainage conveyance shall be provided to all impervious areas of the development. Each lot or other developed area shall be provided with direct connection to the main public stormwater conveyance system; sidewalk drains will only be allowed with approval of the official. Adequate provisions, to the satisfaction of the official, must be provided for directing stormwater runoff away from all neighboring lots. This may be accomplished by providing private drainage easements on common lot lines and/or construction of drainage swales, curtain drains, or perforated pipe and connecting to the public storm conveyance system.
    J.    Verification shall be provided to the city engineer that the as-built detention/retention facility is in compliance with the project requirements. This shall be certified by the design engineer.
    K.    All site-generated storm runoff shall be directly conveyed to a public storm conveyance system, unless otherwise approved by the official. Easements and/or hold-harmless agreements shall be obtained from affected property owners to allow passage of all site-generated storm runoff that is not directly conveyed to a contiguous public storm conveyance system.
    L.    The finished surface of the pond bottom and sides, both internal and external, shall be graded to a smooth, mowable grade, free of all rocks, wood or other material greater than one inch in any direction. Transitions between both adjoining sideslopes and the pond bottom shall not meet at a hinge point but employ a curve with a radius not less than twenty-five feet.
    Immediately prior to final acceptance of improvements and when the pond is no longer being used for sedimentation control, the pond bottom shall be lined with fresh, living and viable grass sod to an elevation one foot above the bottom, unless otherwise approved by the official. The sides of the pond shall be dressed with topsoil and raked, then seeded with a quick germinating grass seed, after March 15th and before September 15th, at an application rate approved by the official. Other methods of soil stabilization shall be required from September 16th to March 14th, as approved by the official.
    M.    Retention/detention pond interior sideslopes shall not be steeper than 5H:IV. The official may allow steeper slopes if, in the official's opinion, public safety and provisions for facility maintenance are not compromised.
    N.    Maintenance of all drainage facilities constructed or modified by a proposed project is the responsibility of the property owner, except the city, at its discretion, may assume maintenance of drainage facilities constructed for formal plat subdivisions, planned unit developments, and conditional use permits. (Ord. 2441 § 7, 1997)

Section 13.36.080 General water quantity standards.

    A.    All retention/detention facilities shall be analyzed using the Santa Barbara Urban Hydrograph method as outlined in the DOE manual, and in accordance with design release standards contained within this chapter. Rainfall data applicable to the city shall be used as the basis for analyses and designs hereunder.
    B.    Open retention/detention ponds and infiltration facilities shall not be located in dedicated public road right-of-way areas unless specifically approved by the Anacortes city council.
    C.    Emergency overflow provisions shall be installed in such a manner as to direct flow away from all structures and prevent failure of those structures from stormwaters. Retention/detention and infiltration facility design must take into account and provide mitigation for overflows which may result from:
    1.    Higher-intensity or longer-duration storms than the one hundred-year design storm;
    2.    Plugged orifices;
    3.    Inadequate storage due to sediment buildup;
    4.    Debris blockage; or
    5.    Other reasons causing system failure.
    D.    No more that twenty-five percent of public parking shown on the plan shall be used for stormwater retention/detention, and the maximum depth of the retention/detention facilities cannot exceed six inches in public parking areas. No retention/detention shall occur on parking areas designated for multiple-residential development. (Ord. 2441 § 8, 1997)

Section 13.36.090 General water quality standards.

    A.    Approved spill prevention facilities such as oil/water separators and containment berms shall be incorporated into all drainage plans where applicable.
    B.    All storm and surface water discharges shall be treated using approved best management practices.
    C.    Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the six-month, 24-hour return period storm. (Ord. 2441 § 9, 1997)

Section 13.36.100 Small parcel requirements.

    A.    Development Subject to Small Parcel Requirements. Each of the following new types of developments shall control erosion and sediment transport during construction, and permanently stabilize soil exposed during construction in accordance with the requirements of this section:
    1.    Individual, detached, single-family residences and duplexes;
    2.    Creation or addition of more than one thousand and less than five thousand square feet of impervious area;
    3.    Grading, clearing or land-disturbing activities of more than one thousand square feet and less than one acre.
    B.    Plans for such development shall include a site plan and a small parcel stormwater plan (SPSP). Based upon the review of the small parcel stormwater plan, a determination will be made as to whether or not further drainage plans or information are needed.
    C.    Site Plan. The site plan shall indicate the character of the existing site, topography, natural drainage features on or adjacent to the site, the location and dimensions of all existing and proposed impervious surfaces, flow arrows indicating the direction of stormwater flows on-site, and any off-site flows entering the site, the proposed method of utilizing the existing drainage system, the temporary erosion/sedimentation control plan and the permanent soil stabilization measures to be employed.
    D.    Services of Professional Engineer. If the parcel contains or is adjacent to either a floodplain, a stream, a lake, a closed depression, a wetland, or an erosion or landslide hazard area (as indicated by land slopes and general soil types) a registered professional civil engineer shall prepare the plan.
    E.    Compliance. Compliance shall be demonstrated through the implementation of an approved small parcel stormwater plan.
    F.    Small Parcel Stormwater Plan (SPSP). In addition to meeting the requirements of Section 13.36.070, General design and construction standards, Section 13.36.080, General water quantity standards, and Section 13.36.090, General water quality standards, all plans subject to SPSP shall meet the following requirements:
    1.    SPSP No. 1 -- Construction Access Route.
    a.    Construction vehicle access shall be limited to one route, unless approved by the official.
    b.    A gravel construction road shall be installed which will remove as much mud and dirt from the vehicles as possible prior to entering the public roadway. The effectiveness and efficiency of the removal shall be to the satisfaction of the official.
    c.    If conditions are such that an insufficient amount of material is removed from the tires by contact with the aggregate, the tires shall be washed prior to entering the public right-of-way. The water from this process shall be directed to a sedimentation pond or other appropriate sediment-trapping BMP for treatment prior to release to the public stormwater system.
    d.    The entrance shall be maintained in a condition that shall prevent the tracking or flow of mud onto the public right-of-way. Periodic maintenance of the entrance, including the removal and replacement of aggregate, and cleaning and/or repair of sediment-trapping devices shall be performed as conditions dictate or as directed by the official.
    e.    Sediment tracked onto the public roadways shall be cleaned on at least a daily basis.
    2.    SPSP No. 2 -- Stabilization of Denuded Areas. All exposed soils shall be prevented from moving off-site or into natural or artificial drainage systems through suitable application of BMPs, including but not limited to sod or other vegetation, plastic covering, mulching, or application of ground base on areas to be paved.
    3.    SPSP No. 3 -- Protection of Adjacent Properties. Adjacent properties shall be protected from sediment deposition by appropriate use of vegetative buffer strips, sediment barriers or filters, dikes, berms, or mulching, or by a combination of these measures and other appropriate BMPs.
    a.    Surrounding properties shall be protected from stormwater runoff from the development. This shall be accomplished by constructing private drain lines on the perimeter of the development and discharging the storm runoff into a public storm sewer system. Open space tracts and buffers shall not be used for this purpose, unless otherwise approved. Private drain lines shall be contained in private drainage easements with appropriate statements placed on approving documents.
    b.    Drainage conveyance shall be provided to all impervious areas of the development. Each lot or other developed area shall be provided with direct connection to the main public stormwater conveyance system; sidewalk drains will only be allowed with approval of the official. Adequate provisions, to the satisfaction of the official, must be provided for directing stormwater runoff away from all neighboring lots. This may be accomplished by providing private drainage easements on common lot lines and/or construction of drainage swales, curtain drains or perforated pipe and connecting to the public storm conveyance system.
    c.    Verification shall be provided to the city engineer that the as-built detention/retention facility is in compliance with the project requirements.
    d.    All site-generated storm runoff shall be directly conveyed to a public storm conveyance system, unless otherwise approved by the official. Easements and/or hold-harmless agreements shall be obtained from affected property owners to allow passage of all site-generated storm runoff that is not directly conveyed to a contiguous public storm conveyance system.
    e.    Adjacent properties shall be protected from sediment deposition by appropriate BMPs including, but not limited to, vegetative buffer strips, sediment barriers or filters, dikes, berms, or mulching, or by a combination of these and other appropriate measures.
    4.    SPSP No. 4 -- Maintenance. All erosion and sediment control BMPs shall be inspected and maintained regularly by the developer to ensure continued performance of their intended function.
    5.    SPSP No. 5 -- Other BMPs. Other appropriate BMPs to mitigate the effects of increased runoff or inadequacy of already installed BMPs shall be applied as required or ordered by the official.
    G.    Financial Liability. Performance bonding, or other appropriate instruments, may be required for all projects to ensure compliance with the approved small parcel stormwater plan. (Ord. 2441 § 10, 1997)

Section 13.36.110 Large parcel requirements.

    A.    Development Subject to Large Parcel Requirements. For the following new development and redevelopment involving actions, permits and approvals that satisfy the following thresholds, the applicant shall comply with the requirements described in this section:
    1.    All new development that includes the creation or addition of five thousand square feet or more of impervious surface area, and/or land-disturbing activity of one acre or greater, shall comply with the requirements of this section including large parcel stormwater plan requirements (LPSPR) 1 through 11 and the requirements of Section 13.36.070, General design and construction standards, Section 13.36.080, General water quantity standards, and Section 13.36.090, General water quality standards. Compliance shall be demonstrated through the implementation of an approved large parcel stormwater plan (LPSP) and a water quality control plan (WQCP).
    2.    All new development that includes: (a) the creation or addition of five thousand square feet or more of new impervious surface area, and (b) land-disturbing activity of less than one acre, shall comply with large parcel stormwater plan requirements (LPSP), No. 1, subparagraphs a, c, d, j and n, Nos. 2 through 11 and the requirements of Section 13.36.070, General design and construction standards, Section 13.36.080, General water quantity standards, and Section 13.36.090, General water quality standards. Compliance shall be demonstrated through the implementation of an approved large parcel stormwater plan (LPSP) and a water quality control plan (WQCP).
    B.    Redevelopment of Developed Sites.
    1.    Redevelopment Requiring LPSP for Redeveloped Area Only. Where redevelopment of area greater than or equal to five thousand square feet of impervious surface is proposed, the large parcel stormwater plan (LPSP) and the water quality control plan (WQCP) shall be required for that portion of the site that is being redeveloped. Source control BMPs, as described in the Department of Ecology or King County manuals, shall be applied to the entire site, including adjoining parcels if they are part of the project.
    2.    When one or more of the following conditions apply, and unless otherwise approved, the large parcel stormwater plan and a water quality control plan shall be required for the entire site. A schedule shall also be completed showing how these requirements will be implemented for the entire site, including adjoining parcels if they are part of the project.
    a.    Existing or current sites greater than or equal to one acre in size with fifty percent or more impervious surface;
    b.    Sites that discharge to a receiving water that has a documented water quality problem. A documented water quality problem includes, but is not limited to water bodies:
    i.    Listed in reports required under Section 305(b) of the Clean Water Act, and designated as not supporting beneficial uses,
    ii.    Listed under Section 304(1)(1)(A)(i), 304(1)(l)(A)(ii), or 304(1)(1)(B) of the Clean Water Act as not expected to meet water quality standards or water quality goals,
    iii.    Listed in Washington State's Nonpoint Source Assessment required under Section 319(a) of the Clean Water Act that, without additional action to control nonpoint sources of pollution cannot reasonably be expected to attain or maintain water quality standards.
    3.    Lien. In the event of the owner's failure to comply with the provisions in the redevelopment schedule for implementing minimum requirements over the entire site, work may be done by and under the authority of the city, at the expense of the owner, and the expense to the owner shall become a lien on the owner's property, following assessment as provided by law, and may be collected by due process of law.
    C.    Additional Stormwater Control Measures. For sites where the need for additional stormwater control measures have been identified through a basin plan, the watershed ranking process under Chapter 400-12 WAC, or through Growth Management Act planning, additional stormwater control measures shall be required, unless a variance is granted.
    D.    Large Parcel Stormwater Plan Requirements (LPSPR).
    1.    LPSPR No. 1 -- Erosion and Sediment Control Plan. A large parcel stormwater plan shall be prepared showing how the following requirements will be accomplished:
    a.    Soil Stabilization and Sediment Trapping. All exposed and unworked soils shall be stabilized according to a timetable established by the director using suitable application of BMPs. Prior to leaving the site, stormwater runoff shall pass through a sediment point or sediment trap, or other appropriate BMPs.
    b.    Delineate Clearing and Easement Limits. Clearing limits, easements, setbacks, sensitive/critical areas and their buffers, trees, and drainage courses shall be delineated, by the project surveyor, with orange plastic construction fencing prior to the commencement of land clearing activities.
    c.    Protection of Adjacent Properties. Properties adjacent to the project site shall be protected from sediment deposition.
    d.    Timing and Stabilization of Sediment Trapping Measures. Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on-site shall be constructed as a first step in grading. These BMPs shall be functional before land-disturbing activities take place. Earthen structures such as dams, dikes and diversions shall be seeded and mulched.
    e.    Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition, slopes shall be stabilized in accordance with erosion and sediment control requirements in this section.
    f.    Controlling Off-Site Erosion. Properties and waterways downstream from development sites shall be protected from erosion due to increases in the volume, velocity and peak flow rate of stormwater runoff from the project site.
    g.    Stabilization of Temporary Conveyance Systems. All temporary on-site conveyance channels shall be designed, constructed, and stabilized to prevent erosion from the expected peak velocity of flow from a two-year, twenty-four-hour frequency storm for the developed condition. Stabilization adequate to prevent erosion of outlets, adjacent stream banks, slopes and downstream reaches shall be provided at the outlets of conveyance systems.
    h.    Storm Drain Inlet Protection. All storm drain inlets made operable during construction shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
    i.    Underground Utility Construction. The construction of underground utilities shall be subject to the following:
    i.    Where feasible, no more than two hundred fifty feet of trench shall be opened at one time.
    ii.    Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
    iii.    Trench and foundation dewatering devices shall discharge into a sediment trap or sediment pond, where practicable.
    j.    Construction Access Routes. Wherever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud and dirt) onto the paved road. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and be transported to a controlled sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner.
    k.    Removal of Temporary BMPs. All temporary erosion and sediment control BMPs shall be removed within thirty days after final site stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on site. Disturbed soil areas resulting from removal shall be permanently stabilized.
    l.    Dewatering Construction Sites. Dewatering devices shall discharge into a sediment trap or sediment ponds.
    m.    Control of Pollutants. All pollutants other than sediment that occur on site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater or surface waters.
    n.    Maintenance. All temporary and permanent erosion and sediment control BMPs shall be maintained and repaired as needed to assure continued performance of their intended function. All maintenance and repair shall be conducted in accordance with the Department of Ecology Manual.
    o.    Financial Liability. Performance bonding, or other appropriate instruments, may be required for all projects to ensure compliance with the approved erosion and sediment control plan.
    2.    LPSPR No. 2 -- Preservation of Natural Drainage Systems. Unless otherwise directed, natural drainage patterns shall be maintained, and discharged from the site into the naturally occurring drainage basins at the natural location, to the maximum extent practicable, as determined by the official.
    3.    LPSPR No. 3 -- Source Control of Pollution. Source control BMPs shall be applied to all projects to the maximum extent practicable. Source control BMPs shall be selected, designed, and maintained according to the Department of Ecology and King County manuals.
    4.    LPSPR No. 4 -- Runoff Treatment BMPs.
    a.    All projects shall provide treatment of stormwater. Treatment BMPs shall be sized to capture and treat the water quality design storm, defined as the six-month, twenty-four-hour return-period storm. The first priority for treatment shall be to infiltrate as much as possible of the water quality design storm, only if site conditions are appropriate and groundwater quality will not be impaired. Direct discharge of untreated stormwater to groundwater is prohibited except for roof drains. All treatment BMPs shall be selected, designed and maintained according to the Department of Ecology Manual.
    b.    Stormwater treatment BMPs shall not be built within critical area vegetated buffers, except for necessary conveyance systems as approved.
    5.    LPSPR No. 5 -- Detention.
    The requirement below must be met in addition to meeting the requirement of LPSPR No. 4.
    a.    Stormwater discharges leaving a site shall be detained by designing a pond that will limit the peak rate of runoff from individual development sites for the two-year, twenty-four-hour design storm to fifty percent of the current condition two-year, twenty-four-hour design storm runoff rate while maintaining the current condition peak runoff rate for the ten-year, twenty-four-hour and one hundred-year, twenty-four-hour design storms.
    b.    After sizing the pond and the outlet structure according to the criteria listed above, a thirty percent increase in storage volume must be added at each foot of depth. As the first priority, stream bank erosion control BMPs shall utilize infiltration to the fullest extent practicable, only if site conditions are appropriate and groundwater quality is protected. These control BMPs shall be selected, designed and maintained in accordance with the Department of Ecology Manual.
    c.    Stormwater treatment BMPs shall not be built within vegetated buffers, except for necessary conveyance systems as approved.
    d.    An adopted city stormwater quality management plan may establish detention requirements that supersede the requirements contained within this section.
    6.    LPSPR No. 6 -- Wetlands.
    Where stormwater discharges to a wetland, in addition to the requirements of LPSPR No. 4, the following apply:
    a.    Prior to discharge to wetlands, stormwater will be treated with all reasonable best management practices for water quality protection.
    b.    Discharges to wetlands shall maintain water level fluctuations similar to those which would be present under natural conditions.
    c.    The project applicant shall obtain all necessary state and federal wetlands permits prior to commencing any work on the site.
    d.    Stormwater treatment BMPs shall not be built within natural vegetated critical area buffers, except for necessary conveyance systems as approved.
    7.    LPSPR No. 7 -- Water Quality Sensitive Areas. Where the official determines that the minimum requirements do not provide adequate protection of water quality sensitive areas, either on site or within the drainage basin, more stringent controls shall be required to protect water quality. Stormwater treatment BMPs shall not be built within natural vegetated critical area buffers except for necessary conveyance systems as approved.
    8.    LPSPR No. 8 -- Off-Site Analysis and Mitigation. All projects shall conduct a written analysis of off-site water quality and quantity impacts resulting from the project and shall mitigate these impacts. The analysis shall extend a minimum of one-fourth-mile downstream from the project. The existing or potential impacts to be evaluated and mitigated shall include, at a minimum, but not be limited to:
    a.    Excessive sedimentation;
    b.    Stream bank erosion;
    c.    Discharges to groundwater contributing or recharge zones;
    d.    Violations of water quality standards;
    e.    Spills and discharges of priority pollutants;
    f.    Inadequate or nonexistent stormwater conveyance system capacities;
    g.    Excessive stormwater velocities;
    h.    Existing problems.
    9.    LPSPR No. 9 -- City Basin Planning. Adopted city plans with requirements for individual watershed-basins may be used to modify any or all of these large parcel stormwater plan requirements, provided that the level of protection for surface or groundwater achieved by the plans will equal or exceed that which would be achieved by the LPSP requirements in the absence of these plans. Basin plans shall evaluate and include, as necessary, retrofitting of BMPs for existing development and/or redevelopment in order to achieve watershed-wide pollutant reduction goals. Standards developed from basin plans shall not modify any of the above requirements until the basin plan is formally adopted and fully implemented by the city.
    10.    LPSPR No. 10 -- Operation and Maintenance. An operation and maintenance schedule shall be provided for all proposed stormwater facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified.
    11.    LPSPR No. 11 -- Financial Liability. Performance bonding and/or other appropriate financial instruments shall be required for all projects to ensure compliance with these standards.
    E.    Engineer Required. The large parcel stormwater plan shall be prepared by a professional civil engineer registered in the state. (Ord. 2441 § 11, 1997)

Section 13.36.120 Water quality control plan (WQCP).

    The detailed form and contents of the WQCP shall be as follows:
    A.    The WQCP shall be prepared and certified by a professional civil engineer registered in the state.
    B.    The contents of a WQCP shall include the following:     1.    Project Description.
    a.    A legal description of the property,
    b.    The name(s), address(es) and telephone number(s) of the owner(s) and person(s) ordering the work to be performed,
    c.    To the extent necessary to adequately evaluate the accuracy of computations, the project description will include:
    i.    The location of any existing or proposed buildings, structures and utilities on the property where the work is to be performed, and
    ii.    The location of any existing building or structure on the adjacent property which is within fifteen feet of where the work is to be performed,
    d.    Elevations, dimensions, location, extent, and the slopes of all work proposed to be done, shown on a contour map. Such contour map shall show existing and proposed contours. A minimum of a two-foot contour interval or otherwise as approved shall be used to adequately show drainage courses through the property and shall relate to the grade changes on the property. The datum used to depict information related to elevations will be as approved,
    e.    The soils types and existing and proposed vegetative cover, including trees, shrubs and grasses, shall be depicted on a map of the site,
    f.    Location of existing and proposed drainage features which transport water onto, across, or from the site including natural creeks, swales, artificial channels, drains or culverts. Also locations of springs, or other subsurface water outlets as well as ponds, lakes, swamps, wetlands, wet ponds, critical areas or potholes shall be shown on the contour map;
    2.    Background Computations for Sizing Drainage Facilities.
    a.    Topographical map of approved scale and contour interval showing:
    i.    Existing and proposed drainage basins,
    ii.    Acreage of existing and proposed pervious and impervious areas, and
    iii.    Slopes/grades and lengths of the existing and proposed time-of-concentration (Tc) lines,
    b.    Indication of the peak discharge and volume of surface water, assuming current conditions, entering and leaving the subject property due to the design storm,
    c.    Indication of the peak discharge and volume of runoff which will be generated due to the design storms, assuming developed conditions, within the subject property,
    d.    Determination of the peak discharge and volume of water that will be generated by the design storm, assuming undeveloped and developed conditions, at critical points on the subject property and at all naturally occurring discharge points off the property;
    3.    Proposed measures for handling the computed runoff in accordance with the requirements in this chapter;
    4.    Proposed measures for controlling runoff and erosion/sedimentation during clearing, grading and construction; and proposed staging and schedule of all building, clearing and grading activities in accordance with this chapter and the Department of Ecology and King County manuals;
    5.    Proposed schedule for maintenance of all applicable storm drainage-related facilities. The maintenance schedule shall extend for the life of the facility;
    6.    Detailed information regarding surface and pertinent subsurface water flows entering, flowing within, and leaving the subject site, both during and after construction;
    7.    Compliance with the provisions for large parcel stormwater plan requirements Nos. 2 through 11;
    8.    Provisions set forth in Section 13.36.070, General design and construction standards, Section 13.36.080, General water quantity standards, and Section 13.36.090, General water quality standards. (Ord. 2441 § 12, 1997)

Section 13.36.130 Additional information.

    The requirements of this chapter for information submittals including design criteria, calculations, drawings, etc., may be modified at the discretion of the authorized city official when such additional information is deemed necessary for proper review. (Ord. 2441 § 13, 1997)

Section 13.36.140 Review and approval.

    A.    All storm drainage plans prepared in connection with any of the permits and/or approvals listed in Section 13.36.030 shall be submitted for review by and approval of the authorized city official.
    B.    The official may approve, conditionally approve, or deny an application for activities regulated by this chapter. (Ord. 2441 § 14, 1997)

Section 13.36.150 Inspection--Construction.

    A.    All activities regulated by this chapter shall be inspected. Projects will be inspected at various stages of the work to determine that adequate control is being exercised.
    B.    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.
    C.    At the time of approval of the drainage plan for the subject property, a schedule for inspection to ensure proper review of construction and facilities will be established by the official. (Ord. 2441 § 15, 1997)

Section 13.36.160 Modification of facilities during construction.

    The city may require that the construction of drainage facilities and associated project designs be modified or redesigned if conditions occur or are discovered which were not considered or known at the time the permit or approval was issued, such as uncovering unexpected soil and/or water conditions, weather-generated problems, or undue materials shortages. Any such modifications made during the construction of drainage control facilities shall be recorded on the final approved drainage plan, a revised copy of which shall be provided to the city. (Ord. 2441 § 16, 1997)

Section 13.36.170 Fees.

    Fees shall be charged for review of small parcel stormwater plans, large parcel stormwater plans and water quality control plans. Review fees shall be paid in advance of such reviews. The schedule of fees is set forth in the city's fee structure ordinance. (Ord. 2441 § 17, 1997)

Section 13.36.180 Prohibited acts.

    It shall be prohibited and in violation of this chapter for any person or entity to:
    A.    Cause or permit litter, trash, rubbish or debris to enter the public roadways or drainage system or any private drainage system which may directly or indirectly discharge to the city's drainage system.
    B.    Cause or permit pollutants to enter any private drainage system or the public drainage system, including but not limited to oils and petroleum products, paints and paint thinners, pesticides, fertilizers, soaps, detergents, washing wastes, and any pollutants found on the following lists, as now or hereafter amended, adopted in this section as part of this chapter by reference:
    1.    Discarded Chemicals List of WAC 173-303-9903,
    2.    Toxic Dangerous Waste List of WAC 173-303-101,
    3.    Dangerous Waste Sources List of WAC 173-303-9904,
    4.    Dangerous Waste Constituents List of WAC 173-303-9905,
    5.    Dangerous Waste Mixtures List of WAC 173-303-084,
    6.    Persistent Dangerous Waste List of WAC 173-303-102;
    C.    Cause any damage to any drainage facilities of any private drainage system or the public drainage system;
    D.    Cause or permit horses, cattle, or other domestic animals to enter any watercourses or wetlands that are part of the drainage system of the city. Stormwater for stables, pastures, and other animal enclosures shall be diverted so as to prevent polluted drainage waters from entering the drainage system of the city;
    E.    Cause or permit grading, clearing, filling, or other land surface changes to take place in such a way as to allow drainage from the property to carry any suspended or dissolved matter into the drainage system of the city;
    F.    Cause or permit any work that would result in the transmission of silt, pollution materials, or other foreign substances from one part of the drainage system to another;
    G.    Discharge any waters or in any way cause the temperature of the water discharged from the property to exceed by more than five degrees Fahrenheit the temperature of the nearest receiving waters;
    H.    Introduce into the drainage system any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality to degrade from Class A water quality standards of the state (WAC 173-201);
    I.    Unless approved, no obstructions of any kind shall be placed or allowed which would prohibit the free passage of fish. (Ord. 2441 § 18, 1997)

Section 13.36.190 General maintenance requirements.

    A.    It shall be the duty of the property owner to maintain, repair and restore, at the owner's expense, all private stormwater and drainage systems located on the owner's property, in accordance with the city stormwater maintenance ordinance in accordance with a maintenance schedule adopted during the plan review process for the project.
    B.    No person shall cause or permit any drainage system located on the owner's property to be obstructed, filled, graded or used for disposal of debris. (Ord. 2441 § 19, 1997)

Section 13.36.200 Monitoring facilities.

    A.    As provided for in Section 13.36.060E, monitoring for likely-recurring illicit discharges may be deemed necessary at a particular site. When such monitoring is required, the owner shall furnish drainage facilities which provide for adequate access, inspection, sampling and flow measurement of such discharges into the city's stormdrain system. The design shall be approved and shall be site specific. The facility shall be located on the owner's premises except where impracticable and as otherwise approved.
    B.    The monitoring facilities and sampling or measuring equipment shall be furnished and maintained in safe and proper operating condition at all times and at the owner's expense.
    C.    The monitoring facilities shall be built and maintained in accordance with applicable construction standards, and specifications, and shall be completed within one hundred eighty days of notice to do so.
    D.    Stormwater sampling requirements shall be in accordance with procedures established by the EPA as contained in 40 CFR part 136 (the federal Clean Water Act) as now existing or hereafter amended. Results of sampling and analysis shall be reported to the city. (Ord. 2441 § 20, 1997)

Section 13.36.210 Waiver of requirements of this chapter.

    A.    Waiver of the requirements of this chapter may be granted for good cause, considering the following criteria:
    1.    Sufficient capacity of downstream facilities under design conditions;
    2.    Maintenance of the integrity of the receiving waters;
    3.    Possibility of adverse effects of retention/detention;
    4.    Utility of regional retention/detention facilities;
    5.    Capability of maintenance of the system;
    6.    Structural integrity of abutting foundations and structures;
    7.    Requirements of the city surface water quality management plan;
    8.    That the health, safety and welfare of the city is not adversely affected;
    9.    The exception provides equivalent environmental protection and is in the overriding public interest; and that the objectives of safety, function, environmental protection and facility maintenance, based upon sound engineering, are fully met;
    10.    That there are special physical circumstances or conditions affecting the property such that the strict application of these provisions would deprive the applicant of all reasonable use of the site in question, and every effort to find creative ways to meet the intent of the minimum standards has been made;
    11.    That the granting of the exception will not be detrimental to the public health, welfare and safety, nor injurious to other properties in the vicinity and/or downstream, and to the quality of receiving waters;
    12.    The exception is the least possible exception that could be granted to comply with the intent of the requirements.
    B.    Requests for variances shall be filed in writing with the authorized city official and shall adequately detail the basis for granting a variance.
    C.    The official shall notify the city council of the intent to issue a waiver of the requirements of this chapter as allowed by this section.
    D.    The decision of the official may be appealed to the city council by any affected party by filing written notice of appeal with the city clerk within ten days of service of the Official's decision. The cost of the appeal shall be one hundred fifty dollars. (Ord. 2441 § 21, 1997)

Section 13.36.220 Development in critical areas.

    A.    Development which would increase the volume or rate of discharge due to any storm from the subject property shall not be permitted in areas designated as critical.
    B.    Proposed development located wholly or partially within critical areas shall be reviewed with respect to policies adopted within the city zoning ordinance.
    C.    Where application of the provisions of this section will deny all reasonable uses of the property, the restriction on development contained in this section may be waived for the subject property, provided that the resulting development shall be subject to all the remaining terms and conditions of this chapter. All decisions based on the provision of this section shall be compatible with the surface water quality management plan for the basin in which the subject property is located. For development in areas designated as critical, the developer shall provide information regarding volume and a rate of discharge for a range of storms as directed. The requirements of this section shall apply regardless of any variance under Section 13.36.210.
    D.    All development will comply with the city zoning ordinance relative to development in critical areas. (Ord. 2441 § 22, 1997)

Section 13.36.230 Establishment of regional facilities.

    A.    In the event that public benefits would accrue due to modification of the stormwater plan for the subject property to better implement the recommendations of the city's surface water quality management plan, the authorized city official may recommend that the city should assume some responsibility for the further design, construction, operation and maintenance of drainage facilities receiving runoff from the subject property. Such decision shall be made concurrently with review and approval of the stormwater plan as specified in this chapter.
    B.    In the event the city decides to assume some responsibility for design, construction, operation and maintenance of the facilities, the developer will be required to contribute a pro rata share to the construction cost of the facilities. The developer may be required to supply additional information at the request of the official to aid in the determination by the city. Guidelines for implementing this section will be defined by the official. (Ord. 2441 § 23, 1997)

Section 13.36.240 Bonds and liability insurance required.

    A.    The city is authorized to require all persons constructing retention/detention or other drainage treatment/abatement facilities to post surety and cash bonds.
    B.    Where such persons have previously posted or are required to post other such bonds on the facility itself or on other construction related to the facility, such persons may, with the permission of the authorized city official and to the extent allowable by law, combine all such bonds into a single bond; provided, that at no time shall the amount thus bonded be less that the total amount which would have been required in the form of separate bonds; and provided, further, that such a bond shall on its face clearly delineate those separate bonds which it is intended to replace.
    1.    Construction Bond. Prior to commencing construction, the person constructing the facility shall post a construction bond in an amount sufficient to cover the cost of conforming the construction with the approved drainage plans. The amount of the bond shall be increased at one-year intervals in a proportion equivalent to the prevailing rate of inflation in construction costs as specified in the procedures manual. After determination by the official that all facilities are constructed in compliance with the approved plans, the construction bond shall be released. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank designated by the city could be required at city option.
    2.    Maintenance Bond. After satisfactory completion of the facilities and concurrent with release of the construction bond by the city, the person constructing the facility shall commence a two-year period of satisfactory maintenance of the facility. A cash bond, to be used at the discretion of the official to correct deficiencies in the maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two-year maintenance period. The amounts of the cash bond shall be determined by the official, but shall not be in excess of ten percent nor less than five percent of the estimated construction cost of the drainage facilities.
    3.    Performance Bond. A surety bond or cash bond to cover the cost of design defects or failures in workmanship of the facilities shall also be posted and maintained throughout the two-year maintenance period. The amount of the bonds shall be increased at one-year intervals in a proportion equivalent to the prevailing rate of inflation. Alternatively, an equivalent cash deposit to an escrow account administered by a local bank designated by the city could be required at city option.
    4.    Liability Policy. The person constructing the facility shall maintain a liability policy in an amount established by the director which shall name the city as an additional insured and which shall protect the city from any liability up to those amounts for any accident, negligence, failure of the facility, or any other liability whatsoever, relating to the construction or maintenance of the facility. The liability policy shall be maintained for the duration of the facility by the owner of the facility; provided, that in case of facilities assumed by the city for maintenance pursuant to Section 13.36.230 of this chapter, the liability policy shall be terminated when and if the city maintenance responsibility commences. (Ord. 2441 § 24, 1997)

Section 13.36.250 Applicability to governmental entities.

    All municipal corporations and governmental entities, unless otherwise provided, shall submit a stormwater plan and comply with the terms of this chapter when developing and/or improving land, including but not limited to road building and widening, within areas of the city. (Ord. 2441 § 25, 1997)

Section 13.36.260 Other permits and requirements.

    A.    It is recognized that other city, county, state and federal permits, conditions and requirements may apply to the proposed action and that compliance with the provisions of this chapter does not constitute compliance with such other requirements.
    B.    When any provision of any other chapter of the Anacortes Municipal Code conflicts with this chapter, that provision which provides more environmental protection shall apply unless specifically provided in this chapter. (Ord. 2441 § 26, 1997)

Section 13.36.270 Protection of public and private rights.

    Implementation of any provision of this chapter shall not cause nor be construed as an infringement of the rights of individuals, municipalities, or corporations other than the developer seeking a permit or approval as described in Section 13.36.300. (Ord. 2441 § 27, 1997)

Section 13.36.280 Private maintenance of drainage facilities.

    The city council may determine through the subdivision process that a particular subdivision design in a particular location is such that the city will not accept ownership and/or maintenance responsibilities. In this situation, formation of a homeowners association with maintenance and operation responsibilities shall be mandated. (Ord. 2441 § 28, 1997)

Section 13.36.290 Enforcement, violations, and penalties.

    The provisions set forth in the city zoning ordinance shall apply to all violations of this chapter, with the authorized city official acting in the capacity of administrator. (Ord. 2441 § 29, 1997)

Section 13.36.300 Liability.

    A.    Nothing contained in this chapter is intended to be nor shall be constructed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure of an owner of property or land to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.
    B.    Any city employee charged with the enforcement of this chapter, acting in good faith and without malice on behalf of the city in the discharge of his/her duties, shall not be personally liable for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his/her duties. Any suit brought against an employee because of such act or omission performed by him/her in the enforcement of any provision of this chapter shall be defended by the city. (Ord. 2441 § 30, 1997)

Chapter 13.40 WASTEWATER COLLECTION AND TREATMENT SYSTEM

Section 13.40.010 Purpose and policy.

    A.    This chapter sets forth uniform requirements for industrial discharges into the city wastewater collection and treatment system (POTW) and enables the city to protect public health in conformity with all applicable local, state, and federal laws relating thereto.
    B.    The objectives of this chapter are:
    1.    To prevent the introduction of pollutants into the city's POTW which will interfere with the normal operation of the system or contaminate the resulting sludge;
    2.    To prevent the introduction of pollutants into the city's POTW which do not receive adequate treatment, and which will pass through the system into receiving waters or the atmosphere or otherwise be incompatible with the system; and
    3.    To improve the opportunity to recycle and reclaim wastewater and sludge from the system.
    C.    This chapter provides for the regulation of discharges into the POTW through the enforcement of administrative regulations.
    D.    This chapter shall apply to the city and to all industrial users within and outside the city who are, by contract or agreement with the city, dischargers to the Anacortes POTW. This chapter is a supplement to Ordinance No. 1150 codified in Chapter 13.08 of this code. (Ord. 1945 § 1.1, 1984)

Section 13.40.020 Definitions.

    For the purpose of this chapter, the following words shall have the following meanings:
    A.    "Act" or "The Act" means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et seq.
    B.    "Applicable pretreatment standards" means for any specified pollutant, the city's prohibitive discharge standard, city's specific limitation on discharge, the state of Washington pretreatment standard, or the National Categorical Pretreatment Standard (when effective), whichever is most stringent or applies at the time of issuance of an Industrial Wastewater Acceptance Form (IWA).
    C.    "City" means the city of Anacortes, through the Anacortes city council.
    D.    "Categorical pretreatment standards" means national pretreatment standards specifying quantities or concentrations of pollutant or pollutant properties which may be discharged or introduced into a POTW by specific industrial dischargers.
    E.    "Director" means the person designated by the city to supervise operation of the POTW and who is charged with certain duties and responsibilities by this chapter, or his duly authorized representative.
    F.    "EPA" means the United States Environmental Protection Agency.
    G.    "Industrial discharger/user" means any nonresidential user who discharges an effluent into a POTW by means of pipes, conduits, pumping stations, force mains, constructed drainage ditches, intercepting ditches, and all constructed devices and appliances appurtenant thereto.
    H.    "Industrial waste" means solid, liquid or gaseous waste resulting from any industrial, manufacturing, trade, or business process or from the development, recovery or processing of natural resources.
    I.    "Interference" means the inhibition or disruption of a POTW's treatment processes or operations which is a cause of or significantly contributes to either a violation of any requirement of its NPDES permit or to the prevention of sewage sludge use or disposal by the POTW in accordance with all local, state and federal regulations or permits.
    J.    "New source" means any building, structure, facility, or installation from which there is or may be a discharge, the construction of which commenced:
    1.    After promulgation of pretreatment standards under Section 307(c) of the Federal Act which are applicable to such source; or
    2.    After proposal of pretreatment standards in accordance with Section 307(c) of the Act which are applicable to such sources, but only if the standards are promulgated in accordance with Section 307(c) within one hundred twenty days of their proposal.
    K.    "NPDES" means the National Pollutant Discharge Elimination System permit program of the EPA pursuant to Section 402 of the Act (330 U.S.C. 1342).
    L.    "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a POTW.
    M.    "Pretreatment requirements" means any substantive or procedural requirement related to pretreatment, other than a national pretreatment standard imposed on an industrial user.
    N.    "Publicly owned treatment works" (POTW) means any sewage treatment works and the sewers and conveyance appurtenances discharging thereto, owned, and operated by the city.
    O.    "Shall" is mandatory: "May" is permissive.
    P.    "Significant industrial discharger/user" means any industrial discharger/user of the city's POTW who:
    1.    Is subject to or potentially subject to national pretreatment standards promulgated under Section 307(b) or (c) of the Clean Water Act;
    2.    Contains in their wastes any significant quantities of toxic pollutants as defined pursuant to Section 307 of the Clean Water Act;
    3.    Has an average daily flow five percent of the daily average flow for the previous month in the city's POTW; or
    4.    Is determined by the city to have a significant impact or potential for significant impact, either singly or in combination with other contributing industries, on the POTW, the quality of sludge, the system's effluent quality, or air emissions generated by the system.
    Q.    "Sludge load" means any substance released in a discharge at a rate and/or concentration which causes interference to standard operation or use of a POTW.
    R.    "State" means the state of Washington.
    S.    "Toxic pollutant" means those substances listed in the federal priority pollutant list and any other pollutant or combination of pollutants listed as toxic in regulations promulgated by the administrator of the Environmental Protection Agency under Section 307 of the Clean Water Act.
    T.    "Upset" means an exceptional incident in which a discharger unintentionally and temporarily is in a state of noncompliance with the standards set forth in Appendices A and B attached to the ordinance codified in this chapter due to factors beyond the reasonable control of the discharger, and excluding noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation thereof.
    U.    "Wastewater" means the liquid and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is contributed into or permitted to enter the POTW. (Ord. 1945 § 1.2, 1984)

Section 13.40.030 Abbreviations.

    The following abbreviations shall have the designated meanings for the purpose of this chapter:
    BOD    Biochemical oxygen demand
    CFR    Code of Federal Regulations
    COD    Chemical oxygen demand
    EPA    Environmental Protection Agency
    l    Liter
    mg    Milligrams
    mg/l    Milligrams per liter
    NPDES    National Pollutant Discharge Elimination System
    POTW    Publicly owned treatment works    
    SIC    Standard Industrial Classification
    SWDA    Solid Waste Disposal Act, 42 U.S.C. 6901, et seq.
    USC    United States Code
    TSS    Total suspended solids
(Ord. 1945 § 1.3, 1984)

Section 13.40.040 General discharge prohibitions.

    No industrial user shall contribute or cause to be discharged, directly or indirectly, any of the following described substances into the city's POTW:
    A.    Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious or hazardous in any other way to the POTW or to the operation of the POTW. Such materials include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, polychlorinated biphenyls, polybrominated biphenyls, carbides, hydrides, stoddard solvents, and sulfides;
    B.    Solid or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the POTW such as, but not limited to: grease, garbage with particles greater than one-half inch in any dimension, animal guts or tissue, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, hops, waste paper, wood, plastics, gas, tar, asphalt residues, residues from refining, or processing of fuel or lubricating oil, mud, or glass grinding or polishing wastes;
    C.    Any wastewater having a pH less than 5.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the POTW;
    D.    Any wastewater containing toxic pollutants in sufficient quantity, either singly or by interaction to insure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in the National Categorical Pretreatment Standards;
    E.    Any substance which may cause the POTW's effluent or treatment residues, sludges, or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process. In no case shall a substance discharged to the system cause the POTW to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines, or regulations affecting sludge use or disposal developed pursuant to the Solid Waste Disposal Act, the Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used;
    F.    Any substance with objectionable color not removed in the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions;
    G.    Any wastewater having a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference; but in no case, wastewater with a temperature at the introduction into the POTW which exceeds 40°C (104°F);
    H.    Any slug load, which shall mean any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a single extraordinary discharge episode of such volume or strength as to cause interference to the POTW;
    I.    Any wastewater containing any radioactive wastes or isotopes of such halflife or concentrations as exceed limits established in compliance with applicable state or federal regulations;
    J.    Any wastewater which in the opinion of the director causes a hazard to human life or creates a public nuisance. (Ord. 1945 § 2.1, 1984)

Section 13.40.050 National categorical pretreatment standards.

    National categorical pretreatment standards as promulgated by the EPA pursuant to the Act shall be met by all industrial users of the regulated industrial categories. (Ord. 1945 § 2.2, 1984)

Section 13.40.060 State requirements on discharges to the POTW.

    State requirements and limitations on discharges to the POTW shall be met by all industrial users which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations or those in this chapter or any other applicable ordinance. (Ord. 1945 § 2.3, 1984)

Section 13.40.070 Accidental discharges--Protection procedures.

    A.    Each industrial user shall provide protection from accidental discharge of prohibited or regulated materials or substances established by this chapter. Where necessary, facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the user's cost and expense. Detailed plans showing facilities and operating procedures to provide this protection shall be submitted to the city for review, and shall be approved by the city before construction of the facility.
    B.    Each significant industrial user (SID), where requested by the director, shall complete its plan and submit same to the city within one hundred eighty days of receiving pretreatment program approval. No user who discharges to a POTW after the aforesaid date shall be permitted to introduce pollutants into the system until accidental discharge protection procedures have been approved by the city. Review and approval of such plans and operating procedures by the director shall not relieve the user from the responsibility to modify its facility as necessary to meet the requirements of this chapter. (Ord. 1945 § 2.4.1, 1984)
Section 13.40.080 Accidental discharges--Notification.
Industrial users shall notify the city immediately upon the occurrence of a slug load or accidental discharge of substances prohibited by this chapter. The notification shall include location of discharge, date and time thereof, type of waste, concentration and volume, and corrective actions. Any user who discharges slugs of prohibited materials shall be liable for any expense, loss or damage to the POTW, in addition to the amount of any fines imposed by the city on account thereof under state or federal law. (Ord. 1945 § 2.4.2, 1984)

Section 13.40.090 Pretreatment--General.

    Significant industrial users shall provide necessary wastewater pretreatment as required to comply with this chapter and shall achieve compliance within the time limitations specified by the city. Any facilities required to pretreat wastewater to a level acceptable to the city shall be provided, operated, and maintained at the user's expense. (Ord. 1945 § 2.5.1, 1984)

Section 13.40.100 Pretreatment--Facility plans.

    Detailed plans showing the pretreatment facilities and operating procedures shall be submitted to the Director for review, and must be acceptable to the city prior to commencement of discharge from the facility. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying its facility as necessary to produce an effluent acceptable to the city under the provisions of this chapter. (Ord. 1945 § 2.5.2, 1984)

Section 13.40.110 Pretreatment--Changes in pretreatment plans.

    Any subsequent changes in the pretreatment facilities or methods of operation shall be reported to and be acceptable to the city prior to the user's initiation of the changes. (Ord. 1945 § 2.5.3, 1984)

Section 13.40.120 Dilution.

    No industrial user shall increase the use of potable or process water in any way for the purpose of diluting a wastewater discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter. (Ord. 1945 § 2.6, 1984)

Section 13.40.130 Right of revision.

    The city reserves the right to amend the ordinance codified in this chapter to provide for more stringent limitations or requirements on discharges to the POTW where deemed necessary to comply with the objectives set forth in Section 13.40.010. (Ord. 1945 § 2.7, 1984)

Section 13.40.140 Supplementary limitations.

    (Reserved)  Heavy metals limits. (Ord. 1945 § 2.8, 1984)

Section 13.40.145 Heavy metals limits.

 

LOCAL LIMITS FOR HEAVY METALS
AND CYANIDE
All concentrations are in milligrams per liter
(mg/l = ppm)

 
         Daily    Grab
         Average Max    Sample Max
    Substance    Concentration    Concentration

 
    Arsenic    0.5    3.0
    Cadmium    0.5    0.5
    Chromium    2.75    4.0
    Copper    3.0    6.0
    Cyanide    2.0    2.5
    Lead    2.0    3.0
    Mercury    0.1    0.2
    Nickel    2.5    4.0
    Silver    1.0    2.0
    Zinc    5.0    8.0
    pH    5.5 - 12    5.5 - 12
    Oil/Grease    75.0    75.0
(Ord. 2282, 1993: Ord. 1945 § 2.8.1, 1984)

Section 13.40.150 Fees and charges--Purpose.

    It is the purpose of this section and Section 13.40.160 to provide for the recovery of costs from industrial users of the city's POTW to compensate for the implementation and administration of the pretreatment program established in this chapter. (Ord. 1945 § 3.1, 1984)

Section 13.40.160 Fees and charges--Generally.

    A.    The city may adopt charges and fees which may include:
    1.    Fees for monitoring, inspections, and surveillance procedures;
    2.    Fees for reviewing accidental discharge procedures and construction;
    3.    Other fees as the city may deem necessary to carry out the requirements contained in this chapter.
    B.    These fees relate solely to the matters covered by this chapter and are separate from all other fees chargeable to the city. (Ord. 1945 § 3.2, 1984)

Section 13.40.170 Wastewater discharges.

    It is unlawful to discharge any wastewater to any sewer outlet within the jurisdiction of the city and/or to the POTW except as authorized by the director in accordance with the provisions of this chapter. In addition to the terms of this chapter, a significant industrial discharger shall not be allowed to connect to the city's POTW without written approval from the director. (Ord. 1945 § 4.1, 1984)

Section 13.40.180 Wastewater discharge data disclosure--Generally.

    All industrial users proposing to connect to or to discharge wastewater to the POTW shall comply with all terms of this chapter. (Ord. 1945 § 4.2.1, 1984)

Section 13.40.190 Wastewater discharge data--Disclosure forms.

    A.    All significant industrial users (SIDs) shall complete and file with the director a disclosure declaration in the form prescribed by the city. Existing SIDs shall file disclosure forms within sixty days after the city receives pre-treatment program authority and proposed