HomeMy WebLinkAbout6877 ORDINANCE NO. 6877
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADDING A NEW SECTION TO
CHAPTER 13.48 OF THE AUBURN CITY CODE (ACC),
ADOPTING AND ENFORCING BEST MANAGEMENT
POLLUTION PRACTICES FOR THE CITY'S STORM
DRAINAGE SYSTEM
WHEREAS, RCW 35.67.020 empowers the city to maintain, conduct and operate
a storm drainage utility to protect the public health, safety, and general welfare; promote
sound development policies and construction procedures to preserve the city's natural
resources; and prevent the creation of public nuisances. ACC 13.48 establishes the
City's storm drainage utility;
WHEREAS, the City has enacted ACC 12.04.010.6.2, which establishes the City
of Auburn Surface Water Management Manual (SWMM) and the Washington Department
of Ecology's Stormwater Management Manual for Western Washington (SWMMWW) as
the basis for the City's stormwater management and protection measures;
WHEREAS, the city's storm drainage utility operates under a National Pollutant
Discharge Elimination System (NPDES) Western Washington Phase II Municipal
Stormwater Permit from the Washington Department of Ecology. In 2019 the NPDES
Permit added a new requirement: that the City adopt and enforce SWMM identified Best
Management Practices (BMPs) to control pollution generating sources associated with
existing land uses and activities;
WHEREAS, the City's NPDES permit also requires the City to implement an
inspection program ("Source Control Program") by January 1, 2023. Under this program,
the City will: 1) inspect public and private properties to ensure that onsite activities are
Ordinance No. 6877
July 18, 2022
Page 1 of 3 Rev.2019
employing the SWMM identified BMPs to prevent pollutants from entering the City's storm
drainage facilities; and 2) enforce BMP violations by implementing sufficient measures to
control the pollution and contamination of the City's storm water system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section to Auburn City Code. A new section ACC
13.48.215, defining BMPs and requiring BMPs to control pollution for land use activities
that may discharge contaminants into the City's storm water system, is added to the
Auburn City Code as set forth in Exhibit A to this Ordinance.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Ordinance No. 6877
July 18, 2022
Page 2 of 3 Rev.2019
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: JUL 1 8,7D22
PASSED: JUL 1 8 FM
APPROVED: -UL 1 8 i022
..
ANCYIS, MAYOR
ATTEST: A' 'ROVED ',41 TO FIN!
Shawn Campbell, MMC, City Clerk Ken• . ie- - " attorney
Published: V1\iJ 21 1/012. in Ile Sea-I-We T prw
Ordinance No. 6877
July 18, 2022
Page 3 of 3 Rev.2019
EXHIBIT A—ORD. 6877
ACC 13.48.215 Source Control Best Management
Practices.
A. In accordance with the SWMM adopted by the City in ACC 12.04.010, all
businesses, land uses, or activities that may discharge contaminants into the city's
storm drainage system, surface water, or groundwater must implement appropriate
operational source control SWMM identified Best Management Practices (BMPs) to
control such potential contamination.
B. If the city engineer determines that discharges or releases of pollutants are not being
controlled by operational source control BMPs, the city engineer may require the
responsible party to undertake more stringent or additional BMPs, which may include
structural BMPs or other ACC 12.04.010 consistent actions necessary to cease causing
or contributing to contaminated discharges.
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