AGENDA BILL APPROVAL FORM

 
Agenda Subject:
Ordinance No. 6851 (Gaub)
Date:
March 15, 2022
Department:
Public Works
Attachments:
Ordinance No. 6851
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrative Recommendation:
City Council to adopt Ordinance No. 6851.
Background for Motion:
These amendments update portions of the City Code pertaining to the Storm Water Utility to help the City administer and comply with the requirements of its National Pollutant Discharge Elimination System (NPDES) permit.
Background Summary:

The City operates its storm drainage system under a National Pollutant Discharge Elimination System (NPDES) Western Washington Phase II Municipal Stormwater Permit from the Washington Department of Ecology (Ecology). This ordinance updates sections of the Auburn City Code (ACC) Chapter 13.48 to address NPDES requirements related to the Storm Drainage Utility.

Underground Injection Control (UIC) Program Rule (ACC 13.48.005.B)

The revised code adds compliance with the UIC rules (as described in Ecology’s 2019 Stormwater Management Manual for Western Washington) as one of the functions of the storm drainage utility.

Maintenance and Repair Responsibilities (ACC 13.48.240 and 13.48.440)

Current city code establishes that the owner(s) of property with frontage(s) along the public right of way is responsible for maintaining the public sidewalk area along those frontages. The city code defines the sidewalk area as being the area between the edge of roadway and the property line, including driveways. In some cases, driveways cross a roadside ditch and include a pipe, or culvert, placed underneath the driveway, to provide stormwater conveyance while allowing the driveway connection. These code modifications more clearly define that these culverts are considered private stormwater facilities and are the responsibility of the adjacent property owner to maintain, repair, and replace. The code revisions further clarify the maintenance responsibilities of public stormwater facilities within the sidewalk area, including ditches and pervious sidewalks. The revisions establish that the adjacent property owner is responsible for general maintenance of vegetation, moss removal, litter and garbage removal. The revised code establishes that the City is responsible for maintenance of the stormwater facilities that are required to provide adequate conveyance and treatment for the stormwater system. All of these facilities are governed by the requirements of the City’s NPDES permit.

Source Control Program (ACC 13.48.180.B)

The City’s NPDES permit requires that by January 1, 2023 the City begin inspecting pollutant-generating sources (called the “Source Control Program”) at publicly and privately owned institutional, commercial and industrial sites. These code revisions provide the authority for the City to inspect these sites to enforce implementation of required Best Management Practices (BMPs) to control pollution discharging into the City’s storm drainage system.

Ordinance No. 6851 amends Chapter 13.48 Storm Drainage Utility: 1) to comply with the Underground Injection Control Program rule, 2) to clarify the maintenance and repair responsibilities for storm drainage facilities abutting private property, and 3) to codify the City’s Source Control Inspection Program.

Reviewed by Council Committees:
Councilmember: Stearns Staff: Gaub
Meeting Date: March 21, 2022 Item Number: ORD.C