Chapter 12.36
SURFACE AND STORM WATER MANAGEMENT PROGRAM
Sections:
12.36.010 Title.
12.36.020 Purpose.
12.36.030 Definitions.
12.36.040 Program creation and authority.
12.36.050 SSWM program elements.
12.36.060 Administration.
12.36.070 Program coordination.
12.36.080 Program funding.
12.36.090 Right-of-entry.
12.36.100 Enforcement.
12.36.110 Appeals.
12.36.010 Title.
This chapter shall be titled “Surface and Storm Water Management Program.”
(Ord. 156 (1993) § 1, 1993)
12.36.020 Purpose.
The purpose of this chapter is to promote and protect the public health, safety and welfare by establishing a comprehensive approach to surface and storm water management pursuant to RCW Chapter 36.89. This surface and storm water management program seeks to protect life and property from storm, waste, flood or surplus surface waters, protect water quality by preventing siltation, contamination and erosion of the county’s waterways, protect aquifers, provide shellfish protection, assure compliance with federal and state surface water management and water quality regulations and legislation, increase public education and citizen involvement, and encourage the preservation of natural drainage systems.
(Ord. 156 (1993) § 2, 1993)
12.36.030 Definitions.
1. “Basin plan” means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and storm water quality and quantity management facilities and features within individual sub-basins.
2. “Best management practices” (“BMP’s”) means physical, structural and/or management practices that, when used singly or in combination, prevent or reduce pollution of water.
3. “County” means the unincorporated areas of Kitsap County, Washington, or as indicated by the context, may mean the department of public works, public works director, county engineer, or other official, officer, employee or agency representing the county in the discharge of his or her duties.
4. “Director” means the director of Kitsap County department of public works or his or her designee.
5. “Interlocal agreement” means any contract between the county and other incorporated areas of Kitsap County or other government entities pursuant to RCW Chapter 39.34, which delineates the terms, conditions and relationships of the parties regarding the plan, design, construction, operation, maintenance and funding of surface and storm water management systems within the incorporated area or service area of a government entity.
6. “Storm water control facilities” means any facility, improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling, or protecting life or property from, any storm, waste, flood or surplus waters wherever located within the county.
7. “Watershed action plan” means a local watershed planning process to identify the problems, needs and action steps to reduce nonpoint pollution, enhance water quality, and protect beneficial uses.
(Ord. 156 (1993) § 3, 1993)
12.36.040 Program creation and authority.
Kitsap County hereby creates a surface and storm water management program (SSWM) to implement comprehensive county-wide surface and storm water management. SSWM shall be administered by the Kitsap County department of public works, who shall have the authority, subject to approval by the county commissioners, to exercise all lawful powers necessary and appropriate for the construction, acquisition and condemnation of property rights, maintenance, management, operations and regulation of storm drainage and surface water runoff systems including, without limitation, all lawful powers to fix, alter, regulate and control the rates and charges for the use thereof.
(Ord. 156 (1993) § 4, 1993)
12.36.050 SSWM program elements.
SSWM shall establish a program that includes the following elements: basin and watershed planning, education, capital improvements, operations and maintenance, monitoring, source control and shellfish protection (the “program”).
(1) Basin and Watershed Planning. SSWM shall develop, coordinate and implement basin and watershed action plans to control surface and storm water runoff in the county.
(2) Education. SSWM shall develop and implement a program to educate the public about land use and human activities which impact water quality and surface water management. SSWM shall also develop citizen involvement programs to monitor streams and implement restoration programs consistent with approved basin and watershed action plans.
(3) Capital Improvements. SSWM shall develop a five-year capital improvement program which defines the program’s activities related to the acquisition, construction, replacement or renovation of capital facilities or equipment needed to address the surface and storm water management program objectives of the county. SSWM shall submit the capital improvement program to the county commissioners for review and approval and shall submit annually a plan and budget for implementation.
(4) Operations and Maintenance. SSWM shall develop and implement an operations and maintenance program, including inspection and enforcement, to assure that all public and private drainage and storm water control facilities in the county are functional and effective. SSWM shall perform the operations and maintenance of all county-owned storm water control facilities. SSWM shall coordinate the transfer of county maintenance responsibility for private residential storm water control facilities under existing covenants, dedications or resolutions to the SSWM program.
(5) Monitoring. SSWM shall develop and implement a program to monitor the ambient water quality of rivers, streams, lakes and wetlands, to evaluate the effectiveness of source controls and BMP’s implemented under the basin and watershed action plans. Water quality monitoring activities shall be coordinated between agencies within the county, and the results of monitoring activities shall be communicated to residents, agencies and other interested persons.
(6) Source Control. SSWM shall develop and implement a source control program to improve water quality. The source control program shall reduce herbicide and pesticide usage, strengthen the on-site sewage system correction, moderate risk waste control and wellhead protection programs, strengthen the use of BMP’s and implement a boat waste control program. SSWM may provide financial assistance through low-interest loans, grants and cost sharing for the restoration of streams, repair on-site sewage disposal systems and agricultural practice improvements.
(7) Shellfish Protection. SSWM shall develop and implement shellfish protection program elements to accomplish the proposes outlined in RCW Chapter 90.72. SSWM shall coordinate the implementation of program elements that provide increased shellfish protection with other counties, municipalities or special purpose districts that may establish shellfish protection programs or districts through interlocal agreements; however, this chapter shall not be construed to establish a shellfish protection district.
(Ord. 156 (1993) § 5, 1993)
12.36.060 Administration.
SSWM shall be administered by the department of public works, and the director shall have the authority to implement the program as defined in this chapter. No provision of this chapter shall prevent municipalities, county agencies departments or special districts from adopting, administering or enforcing other ordinances and regulations to protect surface and storm water quality.
(Ord. 156 (1993) § 6, 1993)
12.36.070 Program coordination.
SSWM shall coordinate surface and storm water management programs and services by forming interlocal or operating agreements with other departments, governmental entities or special districts in order to achieve a comprehensive approach to surface water management. SSWM shall endeavor to eliminate or reduce duplication and to achieve the maximum program benefit in the most efficient manner. The director shall submit an operating plan, budget and an annual report to the county commissioners for review and approval.
(Ord. 156 (1993) § 7, 1993)
12.36.080 Program funding.
SSWM shall be funded by rates and service charges to be established by separate ordinance. SSWM and any participating municipality, agency, department or special districts may solicit additional funds through grants, if available, to supplement program funding.
(Ord. 156 (1993) § 8, 1993)
12.36.090 Right-of-entry.
Whenever necessary to examine the property characteristics of a particular parcel for the purposes of implementing this chapter, the director may enter any property at reasonable times in compliance with the following procedures:
(1) If such property is occupied, the director shall present identification credentials, state the reason for entry and request entry.
(2) If such property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the property and request entry.
(3) Unless entry is consented to by the owner or person in control of any property, the director, prior to entry, shall obtain a search warrant as authorized by the laws of the state of Washington.
(Ord. 156 (1993) § 9, 1993)
12.36.100 Enforcement.
(a) Where storm water control facilities not maintained by the county have been abandoned, neglected or are not functioning adequately as designed, SSWM shall have the authority to inspect the facility and advise the property owner(s) in writing of the duty to repair and/or maintain the facility. If the property owner(s) fails to repair and/or maintain the facility within thirty days, SSWM may issue a notice of violation providing the property owner(s) with a written description of the corrective action that must be taken, the time period in which the corrective action must be performed, and the civil penalty for failure to perform the corrective action. The civil penalty shall be established under the SSWM rate ordinance. In the event that the property owner(s) fails to take the required corrective action, SSWM shall report the violation to the county prosecutor, who shall have the authority to collect the civil penalty by use of appropriate legal remedies.
(b) In addition to, or as an alternative to, the above procedure for notice of violation, SSWM shall have the authority to negotiate with a property owner(s) to obtain the owner’s consent for SSWM to perform the corrective repair or maintenance action, at the property owner’s sole expense.
(c) If storm water control facilities on or serving private residential property meet the performance standards established by the county drainage ordinance, as now or hereafter amended, the county may accept the maintenance responsibility for the storm water control facilities, provided that the property owner dedicates the underlying land to the county in fee or provides the county with an easement or right-of-way in a form acceptable to the county.
(d) Whenever the director determines that a storm water control facility poses a hazardous condition to public health, life or property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety or operation of county right-of-way or other property owned or maintained by the county, and the director has reasonable cause to believe that the hazardous condition is so adverse as to preclude the written notice of violation procedure described above, the director may take measures limited to those necessary to eliminate the hazardous condition, provided that the director takes reasonable steps to locate and advise the property owner(s) of the hazardous condition. In such event, the property owner(s) shall be obligated to reimburse the county for the reasonable costs of performing the corrective action.
(Ord. 156 (1993) § 10, 1993)
12.36.110 Appeals.
Disputes and appeals pertaining to a notice of violation shall be processed pursuant to this section:
(1) Within twenty days after receipt of a notice of violation, the property owner(s) shall request in writing a meeting with the director to attempt to informally resolve the dispute.
(2) If the dispute is not resolved pursuant to subsection (1) of this section, the property owner(s) shall submit a written explanation of his or her position to the director within ten days following the meeting with the director. Such written materials must fully explain the position of the property owner(s) and must, as appropriate, include engineering or other supporting data, drawings, field information and argument concerning the applicable legal authorities. The written materials submitted to the director must indicate that the property owner(s) is invoking the review process set forth in this section.
(3) Upon receipt of the materials described in subsection (2), the director shall review such materials and shall within ten days set forth the county’s position on the dispute in writing. This report shall be transmitted to the property owner(s) by certified mail.
(4) If the property owner(s) is dissatisfied with the position set forth by the director, he or she may appeal the dispute to the Kitsap County board of commissioners by filing a written notice of appeal with the director within ten days of receipt of the written report.
(5) Upon receipt of an appeal, the director shall transmit to the board a copy of the written explanation as described in subsection (2) and the report of the county’s position as described in subsection (3), which shall constitute the record.
(6) Upon receipt of the materials as set forth in subsection (5), the board shall schedule a public hearing at which to consider the appeal and shall notify the property owner(s) at least ten days prior to the public hearing. The board’s decision shall be based on the record transmitted by the director, and both the director and the property owner(s) shall be permitted to present ten minutes of oral argument. The board shall notify the property owner(s) and the director of its decision in writing by certified mail within fifteen days upon completion of the hearing.
(Ord. 156 (1993) § 11, 1993)