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Record No: CB 118465    Version: Council Bill No: CB 118465
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 9/21/2015
Ordinance No: Ord 124872
Title: AN ORDINANCE relating to the Stormwater Code; amending Chapters 22.800, 22.801, 22.802, 22.803, 22.805, 22.807, and 22.808 of the Seattle Municipal Code and adding a new Section 22.800.100.
Sponsors: Sally Bagshaw
Supporting documents: 1. Memo Att A - Proposed Amendments, 2. Summary and Fiscal Note, 3. Summary Ex A - Director's Report, 4. Summary Ex B - April 2014 Draft Stormwater Manual, 5. Summary Ex C - Ecology comments on Draft Code and Manual, 6. SPU Director Memo RE: Best Available Science, 7. SPU Stormwater Code Best Available Science, 8. SPU Stormwater Code Presentation, 9. Central Staff Memo (9/9/15), 10. Ord_124872.pdf

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to the Stormwater Code; amending Chapters 22.800, 22.801, 22.802, 22.803, 22.805, 22.807, and 22.808 of the Seattle Municipal Code and adding a new Section 22.800.100.

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WHEREAS, the City of Seattle is committed to protecting local creeks and lakes, the Duwamish River and Puget Sound; and

WHEREAS, Seattle Public Utilities provides efficient, forward-looking utility services that keep Seattle the best place to live; and

WHEREAS, the City of Seattle uses stormwater regulations to protect people, property and the environment from damage related to stormwater runoff, for the purposes stated in Section 22.800.020 of the Seattle Municipal Code; and

WHEREAS, the City of Seattle is subject to the 2013-2018 Phase I Municipal Stormwater Permit (National Pollutant Discharge Elimination System and State Waste Discharge General Permit for Discharges from Large and Medium Municipal Separate Storm Sewer Systems) issued August 1, 2012, by the State of Washington Department of Ecology (Ecology) in compliance with the federal Clean Water Act and state law, as effective August 1, 2013, and amended effective January 16, 2015 (MS4 Permit); and

WHEREAS, the MS4 Permit requires that the City’s Stormwater Code and associated technical manual include minimum requirements, thresholds, definitions, and other specified requirements, limitations and criteria, determined by Ecology to be equivalent to Appendix 1 of the MS4 Permit for new development, redevelopment and construction, and that maintenance and source control must be as least as protective as or functionally equivalent to Ecology’s Stormwater Management Manual for Western Washington, 2012 edition as amended in 2014; and

WHEREAS, the MS4 Permit also requires that the City evaluate and, if necessary, revise the Stormwater Code to incorporate low impact development principles and best management practices; and

WHEREAS, this ordinance, to be known at the 2016 Stormwater Code Update, contains amendments to comply with the MS4 Permit and other amendments not required to comply with the MS4 Permit, to further the purposes of the Stormwater Code; and

WHEREAS, the City is in the final stages of securing Ecology’s approval of certain Seattle Stormwater Manual provisions that were drafted to meet MS4 Permit obligations, and the approved provisions will be adopted during 2015 by joint Directors’ Rule of Seattle Public Utilities and the Seattle Department of Planning and Development; and

WHEREAS, Ecology has reviewed the City’s proposed revisions to the Stormwater Code that were drafted in response to the City’s MS4 Permit obligations and that required Ecology approval, and Ecology has found that those provisions, together with final approved Seattle Stormwater Manual revisions, will meet the regulatory requirements of the MS4 Permit; and

WHEREAS, Chapter 22.800 of the Seattle Municipal Code was established, and Chapter 22.805 of the Seattle Municipal Code was added, by Ordinance 123105, which repealed and amended by reenacting, relocating and amending the text of Chapters 22.800, 22.801, 22.802, and 22.808 of the Seattle Municipal Code, previously amended by Ordinances 122738, 122055, 121276, 119965, 118396, 117852, 117789, 117697, and 117432 and adopted by Ordinance 116425; and

WHEREAS, Sections 22.800.040, 22.805.050, and 22.805.060 of the Seattle Municipal Code were amended by Ordinance 124758; and

WHEREAS, in developing stormwater regulations that protect the functions and values of critical areas, including those in the Shoreline District, the City has included the best available science; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 22.800.020 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.800.020 Purpose

A.  The provisions of this subtitle shall be liberally construed to accomplish its remedial purposes, which are:

1.  ((Protect)) To protect, to the greatest extent practicable, life, property and the environment from loss, injury and damage by pollution, erosion, flooding, landslides, strong ground motion, soil liquefaction, accelerated soil creep, settlement and subsidence, and other potential hazards, whether from natural causes or from human activity;

2.  ((Protect)) To protect the public interest in drainage and related functions of drainage basins, watercourses and shoreline areas;

3.  ((Protect)) To protect receiving waters from pollution, mechanical damage, excessive flows and other conditions in their drainage basins which will increase the rate of downcutting, streambank erosion, and/or the degree of turbidity, siltation and other forms of pollution, or which will reduce their low flows or low levels to levels which degrade the environment, reduce recharging of groundwater, or endanger aquatic and benthic life within these receiving waters and receiving waters of the state;

4.  ((Meet)) To meet the requirements of state and federal law and the City's municipal stormwater National Pollutant Discharge Elimination System ((("NPDES"))) (NPDES) permit;

5.  To protect the functions and values of environmentally critical areas as required under the state's Growth Management Act and Shoreline Management Act;

6.  To protect the public drainage system from loss, injury and damage by pollution, erosion, flooding, landslides, strong ground motion, soil liquefaction, accelerated soil creep, settlement and subsidence, and other potential hazards, whether from natural causes or from human activity; and

7.  ((Fulfill)) To fulfill the responsibilities of the City as trustee of the environment for future generations.

B.  It is expressly the purpose of this subtitle to provide for and promote the health, safety and welfare of the general public. This subtitle is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms.

C.  It is expressly acknowledged that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, the water quality protection measures in this subtitle are necessary to protect the health, safety and welfare of the residents of Seattle and the integrity of natural resources for the benefit of all and for the purposes of this subtitle. Such water quality protection measures are required under the federal Clean Water Act, 33 U.S.C. Section 1251, et seq., and in response to the obligations of the City's municipal stormwater discharge permit, issued by the State of Washington under the federal ((National Pollutant Discharge Elimination System)) NPDES program.

Section 2. Section 22.800.030 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.800.030 Scope and Applicability

This subtitle applies to:

A.  All grading and drainage and erosion control, whether or not a permit is required;

B.  All land disturbing activities, whether or not a permit is required;

C.  All discharges directly or indirectly to a public drainage system or a public combined sewer;

D.  All discharges directly or indirectly into receiving waters within or contiguous to Seattle city limits;

E.  All new and existing land uses; and

F.  All real property.

Section 3. Section 22.800.040 of the Seattle Municipal Code, last amended by Ordinance 124758, is amended as follows:

22.800.040 Exemptions, Adjustments, and Exceptions

A.  Exemptions ((.))

1.  The following land uses are exempt from the provisions of this subtitle:

a.  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; and

b.  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.

2.  The following land disturbing activities are not required to comply with the specific minimum requirements listed below.

a.  Maintenance, repair, or installation of underground or overhead utility facilities, such as, but not limited to, pipes, conduits and vaults, and that includes replacing the ground surface with in-kind material or materials with similar runoff characteristics are not required to comply with Section 22.805.070 (Minimum Requirements for On-site Stormwater Management), Section 22.805.080 (Minimum Requirements for Flow Control), or Section 22.805.090 (Minimum Requirements for Treatment), except as modified as follows:

1)   Installation of a new or replacement of an existing public drainage system, public combined sewer, or public sanitary sewer in the public right-of-way shall comply with Section 22.805.060 (Minimum ((requirements)) Requirements for Roadway Projects) when these activities are implemented as publicly bid capital improvement projects funded by Seattle Public Utilities; and

2)   Installation of underground or overhead utility facilities that are integral with and contiguous to a road-related project shall comply with Section 22.805.060 (Minimum ((requirements)) Requirements for Roadway Projects).

b.  ((Road)) Pavement maintenance practices limited to the following activities are not required to comply with Section 22.805.060 (Minimum ((requirements)) Requirements for Roadway Projects), Section 22.805.070 (Minimum Requirements for On-site Stormwater Management, Section 22.805.080 (Minimum Requirements for Flow Control), or Section 22.805.090 (Minimum Requirements for Treatment):

1)  Pothole and square cut patching;

2)  Overlaying existing asphalt or concrete or brick pavement with asphalt or concrete without expanding the area of coverage;

3)  Shoulder grading;

4)  Reshaping or regrading drainage ditches;

5)  Crack sealing; and

6)  Vegetation maintenance.

3.  Sites that produce no runoff as determined by a licensed civil engineer using a continuous runoff model approved by the Director are not required to comply with Section 22.805.080 (Minimum Requirements for Flow Control).

4.  When a portion of the site being developed discharges only to the public combined sewer, that portion is not required to comply with the provision of subsection ((22.805.020.K)) 22.805.020.I (Install Source Control BMPs) unless the Director determines that these activities pose a hazard to public health, safety or welfare; endanger any property; adversely affect the safety and operation of city right-of-way, utilities, or other property owned or maintained by the City; or adversely affect the functions and values of an environmentally critical area or buffer.

5.  Residential activities are not required to comply with the provision of subsection ((22.805.020.K)) 22.805.020.I (Install Source Control BMPs) unless the Director determines that these activities pose a hazard to public health, safety or welfare; endanger any property; adversely affect the safety and operation of city right-of-way, utilities, or other property owned or maintained by the City; or adversely affect the functions and values of an environmentally critical area or buffer.

6.  With respect to all state highway right-of-way under Washington State Department of Transportation (WSDOT) control within the jurisdiction of the City of Seattle, WSDOT shall use the current, approved Highway Runoff Manual (HRM) for its existing and new facilities and rights-of-way, as addressed in WAC 173-270-030(1) and (2). Exceptions to this exemption, where more stringent stormwater management requirements apply, are addressed in WAC 173-270-030(3)(b) and (c).

a.  When a state highway is located in the jurisdiction of a local government that is required by Ecology to use more stringent standards to protect the quality of receiving waters, WSDOT shall comply with the same standards to promote uniform stormwater management.

b.  WSDOT shall comply with standards identified in watershed action plans for WSDOT rights-of-way, ((as)) to the extent required by state law ((WAC 400-12-570)) .

c.  Other instances where more stringent local stormwater standards apply are projects subject to tribal government standards or to the stormwater management-related permit conditions imposed under Chapter 25.09 to protect environmentally critical areas and their buffers (under the Growth Management Act), an NPDES permit, or shoreline master programs (under the Shoreline Management Act). In addition, WSDOT shall comply with local jurisdiction stormwater standards when WSDOT elects, and is granted permission, to discharge stormwater runoff into a municipality's ((stormwater)) drainage system or combined sewer system.

B.  Adjustments ((.))

1.  The Director may approve a request for adjustments to the requirements of this subtitle when the Director finds that:

a.  The adjustment provides substantially equivalent environmental protection; and

b.  The objectives of safety, function, environmental protection, and facility maintenance are met, based on sound engineering practices.

2.  During construction, the Director may require, or the applicant may request, that the construction of drainage control facilities and associated project designs be adjusted if physical conditions are discovered on the site that are inconsistent with the assumptions upon which the approval was based, including but not limited to unexpected soil and/or water conditions, weather generated problems, or changes in the design of the improved areas.

3.  A request by the applicant for adjustments shall be submitted to the Director for approval prior to implementation. The request shall be in writing and shall provide facts substantiating the requirements of subsection ((22.805.080.B1)) 22.800.040.B.1 ((,)) and, if made during construction, the factors in subsection ((B2)) B.2. Any such modifications made during the construction of drainage control facilities shall be recorded on the final approved drainage control plan, a revised copy of which shall be filed by the Director.

C.  Exceptions ((.))

1.  The Director may approve a request for an exception to the requirements of this subtitle when the applicant demonstrates that the exception will not increase risks in the vicinity and/or downstream of the property to public health, safety and welfare, or to water quality, or to public and private property, and:

a.  The requirement would cause a severe and unexpected financial hardship that outweighs the requirement's benefits, and the criteria for an adjustment cannot be met; or

b.  The requirement would cause harm or a significant threat of harm to public health, safety and welfare, the environment, or public and private property, and the criteria for an adjustment cannot be met; or

c.  The requirement is not technically feasible, and the criteria for an adjustment cannot be met; or

d.  An emergency situation exists that necessitates approval of the exception.

2.  An exception shall only be granted to the extent necessary to provide relief from the economic hardship, to alleviate the harm or threat of harm, to the degree that compliance with the requirement becomes technically feasible, or to perform the emergency work that the Director determines exists.

3.  An applicant is not entitled to an exception, whether or not the criteria allowing approval of an exception are met.

4.  The Director may require an applicant to provide additional information at the applicant's expense, including, but not limited to, an engineer's report or analysis.

5.  When an exception is granted, the Director may impose new or additional requirements to offset or mitigate harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted.

6.  Public notice of an application for an exception and of the Director's decision on the application shall be provided in the manner prescribed for Type II land use decisions, as set forth in Chapter 23.76.

7.  The Director's decision shall be in writing with written findings of fact. Decisions approving an exception based on severe and unexpected economic hardship shall address all the factors in subsection ((22.805.080.C.8)) 22.800.040.C.8.

8.  An application for an exception on the grounds of severe and unexpected financial hardship must describe, at a minimum, all of the following:

a.  The current, pre-project use of the site; and

b.  How application of the requirement(s) for which an exception is being requested restricts the proposed use of the site compared to the restrictions that existed prior to the adoption of this current subtitle; and

c.  The possible remaining uses of the site if the exception were not granted; and

d.  The uses of the site that would have been allowed prior to the adoption of this current subtitle; and

e.  A comparison of the estimated amount and percentage of value loss as a result of the requirements versus the estimated amount and percentage of value loss as a result of requirements that existed prior to adoption of the requirements of this subtitle; and

f.  The feasibility of the owner or developer to alter the project to apply the requirements of this subtitle.

9.  In addition to rights under Chapter 3.02 ((of the Seattle Municipal Code)), any person aggrieved by a Director's decision on an application for an exception may appeal to the Hearing Examiner's Office by filing an appeal, with the applicable filing fee, as set forth in Section 23.76.022. However, appeals of a Notice of Violation, Director's order, or invoice issued pursuant to this subtitle shall follow the required procedure established in Chapter 22.808 ((of this subtitle)) .

10.  The Hearing Examiner shall affirm the Director's determination on the exception unless the examiner finds the determination is clearly erroneous based on substantial evidence. The applicant for the exception shall have the burden of proof on all issues related to justifying the exception.

11.  The Director shall keep a record, including the Director's written findings of fact, on all approved requests for exceptions.

Section 4. Section 22.800.050 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.800.050 Potentially Hazardous Locations

A.  Any site on a list, register, or ((data base)) database compiled by ((the United States Environmental Protection Agency)) EPA or ((the Washington State Department of)) Ecology for investigation, cleanup, or other action regarding contamination under any federal or state environmental law shall be a potentially hazardous location under this subtitle. When EPA or Ecology removes the site from the list, register or ((data base)) database, or when the Director of DPD or the Director of SPU determines the owner has otherwise established the contamination does not pose a present or potential threat to human health or the environment, the site will no longer be considered a potentially hazardous location.

B.  The following property may also be designated by the Director of DPD or the Director of SPU as potentially hazardous locations:

1.  Existing and/or abandoned solid waste disposal sites;

2.  Hazardous waste treatment, storage, or disposal facilities, all as defined by the federal Solid Waste Disposal Act, 42 U.S.C. ((s))Section 6901, et seq.

Section 5. Section 22.800.070 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.800.070 Minimum Requirements for City Agency Projects

A.  Compliance. City agencies shall comply with all the requirements of this subtitle except as specified below:

1.  City agencies are not required to obtain permits and approvals under this subtitle, other than inspections as set out in subsection B of this ((s))Section 22.800.070 and review and approval when applying roadway project infeasibility as provided in subsection 22.805.060.E, for work performed within a public right-of-way or for work performed for the operation and maintenance of park lands under the control or jurisdiction of the Department of Parks and Recreation. Where the work occurs in a public right-of-way, it shall also comply with ((Seattle Municipal Code)) Title 15, Street and Sidewalk Use, including the applicable requirements to obtain permits or approvals.

2.  A City agency project, as defined in Section 22.801.170, that is not required to obtain permit(s) and approval(s) ((per)) pursuant to subsection 22.800.070.A.1 and meets all of the conditions set forth below, is not required to comply with ((Section 22.805.080 (Minimum Requirements for Flow Control) or Section 22.805.090 (Minimum Requirements for Treatment))) the amendments to 22.800.020 through 22.808.110 that take effect on January 1, 2016, except the amendments to this subsection 22.800.070.A.2.

a.  The project begins land disturbing activities within 18 months of the effective date of this subtitle, and;

b.  The project complies with ((subsections 22.802.015.C.4, 22.802.016. B.1, and 22.802.016.B.2 of)) the Stormwater ((, Grading and Drainage Control)) Code that was made effective ((July 5, 2000)) November 30, 2009, by Ordinance ((119965)) 123105 which requires compliance with Directors’ Rules 15-2012/DWW 201.1 and 16-2012/ DWW 201.2 effective March 1, 2013, as amended by Ordinance 124758 ((,)) ; and

c.  The project meets one or more of the following criteria:

1)  Project funding was appropriated as identified in Ordinance ((122863)) 124648 titled, "An ordinance adopting a budget, including a capital improvement program and ((a position list)) position modifications, for the City of Seattle for ((2009)) 2015"; or

2)  Project received or will receive voter approval of financing before January 1, ((2009)) 2015; or

3)  Project received or will receive funds based on grant application(s) submitted before January 1, ((2009)) 2015.

B.  Inspection ((.))

1.  When the City conducts projects for which review and approval ((is)) are required under Chapter 22.807 (Drainage Control Review and Application Requirements) the work shall be inspected by the City agency conducting the project or supervising the contract for the project. The inspector for the City agency shall be responsible for ascertaining that the ((grading and)) drainage control is done in a manner consistent with the requirements of this subtitle.

2.  A City agency need not provide an inspector from its own agency provided either:

a.  The work is inspected by an appropriate inspector from another City agency; or

b.  The work is inspected by an appropriate inspector hired for that purpose by a City agency; or

c.  The work is inspected by the licensed civil or geotechnical engineer who prepared the plans and specifications for the work; or

d.  A permit or approval is obtained from the Director of DPD, and the work is inspected by the Director.

C.  Certification of Compliance. City agencies shall meet the same standards as non-City projects, except as provided in subsection 22.800.070.A, and shall certify that each individual project meets those standards.

Section 6. Section 22.800.080 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.800.080 Authority

A.  For projects not conducted in the public right-of-way, the Director of DPD has authority regarding the provisions of this subtitle pertaining to grading, review of drainage control plans, and review of construction stormwater control plans, and has inspection and enforcement authority pertaining to temporary erosion and sediment control measures.

B.  The Director of SPU has authority regarding all other provisions of this subtitle pertaining to drainage water, drainage, and erosion control, including inspection and enforcement authority. The Director of SPU may delegate authority to the Director of DPD or the Director of ((Seattle Department of Transportation)) SDOT regarding the provisions of this subtitle pertaining to review of drainage control plans, inspection of drainage control facilities, review of ((erosion)) construction stormwater control plans, and inspection and enforcement authority pertaining to temporary erosion and sediment control measures for projects conducted in the public right-of-way.

C.  The Directors of DPD, SDOT and SPU are authorized to take actions necessary to implement the provisions and purposes of this subtitle in their respective spheres of authority to the extent allowed by law, including, but not limited to, the following: promulgating and amending rules and regulations, pursuant to the Administrative Code, Chapter 3.02 ((of the Seattle Municipal Code)) ; establishing and conducting inspection programs; establishing and conducting or, as set forth in Section 22.802.040, requiring responsible parties to conduct monitoring programs, which may include sampling of discharges to or from drainage control facilities, the public drainage system, or receiving waters; taking enforcement action; abating nuisances; promulgating guidance and policy documents; and reviewing and approving, conditioning, or disapproving required submittals and applications for approvals and permits. The Directors are authorized to exercise their authority under this subtitle in a manner consistent with their legal obligations as determined by the courts or by statute.

D.  The Director of SPU is authorized to develop, review, or approve drainage basin plans for managing receiving waters, drainage water, and erosion within individual basins. A drainage basin plan may, when approved by the Director of SPU, be used to modify requirements of this subtitle, provided the level of protection for human health, safety and welfare, the environment, and public or private property will equal or exceed that which would otherwise be achieved. A drainage basin plan that modifies the minimum requirements of this subtitle at a drainage basin level must be reviewed and approved by Ecology and adopted by City ordinance.

E.  The Director of SPU is authorized, to the extent allowed by law, to develop, review, or approve an Integrated Drainage Plan as an equivalent means of complying with the requirements of this subtitle, in which the developer of a project voluntarily enters into an agreement with the Director of SPU to implement an Integrated Drainage Plan that is specific to one or more sites where best management practices are employed such that the cumulative effect on the discharge from the site(s) to the same receiving water is the same or better than that which would be achieved by a less integrated, site-by-site implementation of best management practices.

F.  The Director of SPU is authorized, to the extent allowed by law, to enter into an agreement with the developer of a project for the developer to voluntarily contribute funds toward the construction of one or more drainage control facilities that mitigate the impacts to the same receiving water that have been identified as a consequence of the proposed development.

G.  The Director of SPU is authorized, to the extent allowed by law, to enter into an agreement with the developer of a project for the developer to voluntarily construct one or more drainage control facilities at an alternative location, determined by the Director, to mitigate the impacts to the same receiving water that have been identified as a consequence of the proposed development.

H.  If the Director of SPU determines that a discharge from a site, real property, or drainage control facility, directly or indirectly to a public drainage system, a private drainage system, or a receiving water within or contiguous to Seattle city limits, has exceeded, exceeds, or will exceed water quality standards at the point of assessment, or has caused or contributed, is causing or contributing, or will cause or contribute, to a prohibited discharge or a known or likely violation of water quality standards in the receiving water or a known or likely violation of the City's municipal stormwater NPDES permit, and cannot be adequately addressed by the required best management practices, then the Director of SPU has the authority, to the extent allowed by law, to issue an order under Chapter 22.808 requiring the responsible party to undertake more stringent or additional best management practices. These best management practices may include additional source control or structural best management practices or other actions necessary to cease the exceedance, the prohibited discharge, or causing or contributing to the known or likely violation of water quality standards in the receiving water or the known or likely violation of the City's municipal stormwater NPDES permit. Structural best management practices may include but shall not be limited to: drainage control facilities, structural source controls, treatment facilities, constructed facilities such as enclosures, covering and/or berming of container storage areas, and revised drainage systems. For existing discharges as opposed to new projects, the Director may allow 12 months to install a new flow control facility, structural source control, or treatment facility after the Director notifies the responsible party in writing of the Director's determination pursuant to this subsection 22.800.080.H and of the flow control facility, structural source control, or treatment facility that must be installed.

I.  Unless an adjustment ((per)) pursuant to subsection 22.800.040.B or an exception ((per)) pursuant to subsection 22.800.040.C is approved by the Director, an owner or occupant who is required to connect, or who ((wishes,)) chooses to connect, to a public drainage system shall be required to extend the public drainage system if a public drainage system is not accessible within an abutting public area across the full frontage of the ((property)) site.

J.  The Director of DPD or the Director of SPU has the authority, to the extent allowed by law, to require sites with addition or replacement of less than 5,000 square feet of ((impervious)) hard surface or with less than one acre of land disturbing activity to comply with the requirements set forth in Section 22.805.080 or Section 22.805.090 when necessary to accomplish the purposes of this subtitle. In making this determination, the Director of DPD or the Director of SPU may consider, but is not ((be)) limited to, the following attributes of the site: location within an Environmentally Critical Area; proximity and tributary to an Environmentally Critical Area; and proximity and tributary to an area with known erosion or flooding problems.

Section 7. A new Section 22.800.100 is added to the Seattle Municipal Code as follows:

22.800.100 Transition to Revised Stormwater Code

                      A.  Any building or grading permit (a) which was not considered, either in the initial application process or in a renewal process, under the version of the Stormwater Code in effect on or after January 1, 2016, and (b) pursuant to which construction has not started by June 30, 2020, shall expire on June 30, 2020.

B.  Any master use permit for a project not requiring a building permit (a) which was not considered, either in the initial application process or in a renewal process, under the version of the Stormwater Code in effect on or after January 1, 2016, and (b) pursuant to which construction has not started by June 30, 2020, shall expire on June 30, 2020.

C.  Neither Section 23.22.028, Section 23.22.064, Section 23.24.050, RCW 58.17.033, nor RCW 58.17.170 shall require any permit application submitted on or after January 1, 2016, to be considered under a version of the Stormwater Code in effect prior to January 1, 2016.  For purposes of this subsection 22.800.100.C, “permit application” means an application for any permit required for construction within a plat or short plat or for construction of facilities and improvements for a plat or short plat, including, but not limited to, master use, building and grading permits.

D.  Neither Section 23.22.028 nor Section 23.22.064 shall authorize starting construction, after June 30, 2020, of facilities or improvements for any plat without compliance with the version of the Stormwater Code in effect on or after January 1, 2016.

E.  For purposes of this section, “starting construction” or “started construction” means the site work associated with and directly related to the approved project has begun. For example: grading the project site to final grade or utility installation. Simply clearing the project site does not constitute the start of construction.

Section 8. Section 22.801.010 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.010 General

For the purpose of this subtitle, the words listed in this ((chapter)) Chapter 22.801 have the following meanings, unless the context clearly indicates otherwise. Terms relating to pollutants and to hazardous wastes, materials, and substances, where not defined in this subtitle, shall be as defined in Washington Administrative Code Chapters 173-303, 173-304 and 173-340, the Seattle Building Code or the Seattle Fire Code, including future amendments to those codes. Words used in the singular include the plural, and words used in the plural include the singular.

Section 9. Section 22.801.020 of the Seattle Municipal Code, last amended by Ordinance 123668, is amended as follows:

22.801.020 "A"

"Agency" means any governmental entity or its subdivision.

"Agency, City" means "City agency" as defined in Section 25.09.520.

(("Agency with jurisdiction" means those agencies with statutory authority to approve, condition or deny permits, such as the United States Environmental Protection Agency, the Washington State Department of Ecology or Public Health - Seattle & King County.)) 

"Approved" means approved by the Director.

“Aquatic life use” means “aquatic life use” as defined in WAC 173-201A-200.  For the purposes of this subtitle, at minimum the following water bodies are designated for aquatic life use: small lakes, creeks, and freshwater designated receiving waters.

“Arterial” means “arterial” as defined in Section 11.14.035.

Section 10. Section 22.801.030 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.030 "B"

(("Basin plan" means a plan to manage the quality and quantity of drainage water in a watershed or a drainage basin, including watershed action plans.))

"Basic treatment facility" means a drainage control facility designed to reduce concentrations of total suspended solids in drainage water.

"Best management practice" (BMP)  ((")) means a schedule of activities, prohibitions of practices, operational and maintenance procedures, structural facilities, or managerial practice or device that, when used singly or in combination, prevents, reduces, or treats contamination of drainage water, prevents or reduces soil erosion, or prevents or reduces other adverse effects of drainage water ((on receiving waters)).  When the Directors develop rules and/or manuals prescribing ((best management practices)) BMPs for particular purposes, whether or not those rules and/or manuals are adopted by ordinance, BMPs prescribed in the rules and/or manuals shall be the BMPs required for compliance with this subtitle.

"Building permit" means a document issued by ((the Department of Planning and Development)) DPD authorizing construction or other specified activity in accordance with the Seattle Building Code (Chapter 22.100) or the Seattle Residential Code (Chapter 22.150).

Section 11. Section 22.801.040 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.040 "C"

"Capacity-constrained system" means a drainage system or public combined sewer that the Director of SPU has determined to have inadequate capacity to carry ((drainage water)) existing and anticipated loads, or a drainage system that includes ditches or culverts.

(("Cause or contribute to a violation" means and includes acts or omissions that create a violation, that increase the duration, extent or severity of a violation, or that aid or abet a violation.))

"Certified Erosion and Sediment Control Lead" (CESCL) ((")) means an individual who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by ((the Washington State Department of)) Ecology.

"Civil engineer, licensed" means a person who is licensed by the State of Washington to practice civil engineering.

"City agency" means "City agency" as defined in Section 25.09.520.

"Combined sewer." See "public combined sewer."

“Combined sewer basin” or “public combined sewer basin” means the area tributary to a public combined sewer feature, including, but not limited to, a combined sewer overflow outfall, trunk line connection, pump station, or regulator.

"Compaction" means the densification, settlement, or packing of earth material or fill in such a way that permeability is reduced by mechanical means.

"Construction Stormwater Control Plan" means a document that explains and illustrates the measures to be taken on the construction site to control pollutants on a construction project.

(("Compaction" means the densification of earth material by mechanical means.))

"Containment area" means the area designated for conducting pollution-generating activities for the purposes of implementing source controls or designing and installing source controls or treatment facilities.

"Contaminate" means the addition of sediment, any other pollutant or waste, or any illicit or prohibited discharge.

"Creek" means a Type 2-5 water as defined in WAC 222-16-031 and is used synonymously with "stream."

Section 12. Section 22.801.050 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.050 "D"

"Damages" means monetary compensation for harm, loss, costs, or expenses incurred by the City, including, but not limited, to the following: costs of abating or correcting violations of this subtitle; fines or penalties the City incurs as a result of a violation of this subtitle; and costs to repair or clean the public drainage system or public combined sewer as a result of a violation. For the purposes of this subtitle, damages do not include compensation to any person other than the City.

"Designated receiving waters" means the Duwamish River, Puget Sound, Lake Washington, Lake Union, Elliott Bay, Portage Bay, Union Bay, the Lake Washington Ship Canal, and other receiving waters determined by the Director of SPU and approved by Ecology as having sufficient capacity to receive discharges of drainage water such that a site discharging to the designated receiving water is not required to implement flow control.

"Detention" means temporary storage of drainage water for the purpose of controlling the drainage discharge rate.

"Development" means land disturbing activity or the addition or replacement of ((impervious)) hard surface.

"Director" means the Director of the Department authorized to take a particular action, and the Director's designees, who may be employees of that department or another City department.

"Director of DPD" means the Director of the Department of Planning and Development of The City of Seattle and/or the designee of the Director of Planning and Development, who may be employees of that department or another City department.

"Director of SDOT" means the Director of Seattle Department of Transportation of The City of Seattle and/or the designee of the Director of Seattle Department of Transportation, who may be employees of that department or another City department.

"Director of SPU" means the Director of Seattle Public Utilities of The City of Seattle and/or the designee of the Director of Seattle Public Utilities, who may be employees of that department or another City department.

"Discharge point" means the location from which drainage water from a site is released.

"Discharge rate" means the rate at which drainage water is released from a site. The discharge rate is expressed as volume per unit of time, such as cubic feet per second.

"DPD" means the Department of Planning and Development.

"Drainage basin" means the geographic and hydrologic tributary area or subunit of a watershed through which drainage water is collected, regulated, transported, and discharged to receiving waters.  

"Drainage basin plan" means a plan to manage the quality and quantity of drainage water in a watershed or a drainage basin, including watershed action plans.

"Drainage control" means the management of drainage water. Drainage control is accomplished through one or more of the following: collecting, conveying, and discharging drainage water; controlling the discharge rate from a site; controlling the flow duration from a site; controlling the quantity from a site; and separating, treating or preventing the introduction of pollutants.

"Drainage control facility" means any facility, including best management practices, installed or constructed for the purpose of controlling the discharge rate, flow duration, quantity, and/or quality of drainage water.

"Drainage control plan" means a plan for collecting, controlling, transporting and disposing of drainage water falling upon, entering, flowing within, and exiting the site, including designs for drainage control facilities.

"Drainage system" means a system intended to collect, convey and control release of only drainage water. The system may be either publicly or privately owned or operated, and the system may serve public or private property. It includes ((constructed and/or natural)) components such as pipes, ditches, culverts, ((streams, creeks, or)) and drainage control facilities. Drainage systems are not receiving waters.

"Drainage water" means stormwater and all other discharges that are permissible ((per)) pursuant to subsection 22.802.030.A. 

Section 13. Section 22.801.060 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.060 "E"

"Earth material" means any rock, gravel, natural soil, fill, or re-sedimented soil, or any combination thereof, but does not include any solid waste as defined by RCW 70.95.

"Ecology" means the Washington State Department of Ecology.

"Effective impervious surface" means those impervious surfaces that are connected via sheet flow or discrete conveyance to a drainage system.

"Enhanced treatment facility" means a drainage control facility designed to reduce concentrations of dissolved metals in drainage water.

"Environmentally critical area" (ECA) means an area designated in Section 25.09.020.

"EPA" means the United States Environmental Protection Agency.

“Erodible or leachable materials” means wastes, chemicals, or other substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the drainage water. Examples include: erodible soils that are stockpiled; leachable materials that are stockpiled; uncovered process wastes; manure; fertilizers; oily substances; ashes, kiln dust; and garbage dumpster leakage.

"Erosion" means the wearing away of the ground surface as a result of mass wasting or of the movement of wind, water, ice, or other geological agents, including such processes as gravitational creep. Erosion also means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

"Excavation" means the mechanical removal of earth material.

"Exception" means relief from a requirement of this subtitle to a specific project.

“Existing grade” means “existing grade” as defined in Section 22.170.050.

Section 14. Section 22.801.070 of the Seattle Municipal Code, enacted by Ordinance 123105, is amended as follows:

22.801.070 "F"

"Fill" means a deposit of earth material placed by artificial means.