Ordinance 23-004 Stormwater 22.150 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO.23-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTER 22.150 SPOKANE VALLEY MUNICIPAL CODE
RELATED TO STORMWATER MANAGEMENT REGULATIONS, AND OTHER
MATTERS RELATING THERETO.
WHEREAS,Congress enacted the Safe Drinking Water Act(SDWA)and the Federal Clean Water Act
(CWA) to protect health by regulating the nation's drinking water supply. These Acts authorized the
Environmental Protection Agency(EPA)to protect surface and groundwater supplies; and
WHEREAS,under the SDWA,EPA determined that the Spokane Valley-Rathdrum Prairie Aquifer was
the sole or principal source of drinking water in this region (Sole Source Aquifer or SSA). The SDWA also
established the Underground Injection Control(UIC)Program to provide safeguards for underground sources of
drinking water. EPA delegated UIC authority to the Washington Department of Ecology(Ecology); and
WHEREAS, the CWA established the National Pollutant Discharge Elimination System (NPDES)
permitting program. EPA delegated the authority to Ecology to administer the NPDES permit program. Under
this authority,Ecology issued the Eastern Washington Phase II Municipal Stormwater Permit in February 2007,
and the City of Spokane Valley(City)is subject to the requirements of this permit;and
WHEREAS,the City previously adopted the Spokane County Guidelines for Stormwater Management
as interim stormwater guidelines; and
WHEREAS, in 2008, the City adopted modifications to chapter 22.150 SVMC — Stormwater
Management Regulations; and
WHEREAS, such regulations are authorized by chapter 36.70A RCW; and
WHEREAS,on November 8,2022,City Council held a study session and forwarded the proposed code
changes to the Planning Commission for analysis and recommendation;and
WHEREAS, on November 30, 2022, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60-day notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS,on December 8,2022,the Planning Commission held a study session to discuss stormwater
management regulations; and
WHEREAS,on December 23,2022,and December 30,2022,notice of the Planning Commission public
hearing for proposed amendments to the stormwater management regulations,was published in the Valley News
Herald;and
WHEREAS, on January 12,2023, the Planning Commission held a public hearing to receive evidence
and information, and to provide an opportunity for public testimony. The Planning Commission subsequently
deliberated and approved findings and recommendation;and
WHEREAS, on January 31, 2023, City Council considered a first ordinance reading to adopt the
proposed amendment; and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS,the proposed amendments to chapter 22.150 SVMC bear a substantial relation to the public
health, safety, and welfare of the City and its citizens.
Ordinance 23-004—Amending chapter 22.150 SVMC-Stormwater Page 1 of 7
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 22.150 SVMC,
Stonnwater Management Regulations, to update regulatory text as required by Ecology, including references
related to program implementation and enforcement designed to prevent, detect, trace, and eliminate illicit
connections and discharges to the City's municipal stormwater system, and to update references related to the
development services senior engineer.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study,held a public hearing on the proposed amendments,
and recommended approval of the amendments. The City Council has read and considered the Planning
Commission's findings and recommendation,and makes the following findings:
A. Growth Management Act Policies - The Washington State Growth Management Act(GMA)
provides that each city shall adopt a comprehensive land use plan and development regulations
that are consistent with and implement the comprehensive plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted goals and
policies consistent with the GMA and adopted County-Wide Planning Policies,set forth below.
1. Transportation Goal T-Gl Ensure that the transportation system and investments in
transportation infrastructure are designed to improve quality of life or support economic
development priorities.
2. Transportation Goal T-P2 Consider neighborhood traffic and livability conditions and address
potential adverse impacts of public and private projects during the planning, designing,
permitting, and construction phases.
3. Capital Facilities Goal CF-P1 Seek a balance between the quality and cost of providing public
facilities and services.
4. Capital Facilities Goal CF-P3 Coordinate the construction of public infrastructure with private
development to minimize costs.
5. Natural Resources Goal NR-G2 Protect the Spokane Valley-Rathdrum Prairie sole source
aquifer from contamination and maintain high quality groundwater.
6. Natural Resources Goal NR-G4 Regularly update stormwater management plans for sensitive
riparian areas.
7. Natural Resources Goal NR-P5 Coordinate with regional collaborators to protect and improve
regional water quality.
8. Natural Resources Goal NR-P7 Educate the public about the Spokane Valley-Rathdrum Prairie
and Spokane River's susceptibility to contamination.
9. Natural Resources Goal NR-P8 Maintain compliance with state underground injection control
and the National Pollutant Discharge Elimination System permit.
10. Natural Resources Goal NR-P10 Maintain stormwater plans to include inventory and
maintenance of stormwater facilities.
C. The amendment supports the protection of surface waters and the Spokane Valley—Rathdrum
Prairie Aquifer. The CTA amends the regulations to be consistent with Ecology's Municipal
Separate Storm Sewer System (MS4) permit requirements. The City recognizes the need to
monitor and enforce stormwater runoff regulations to prevent the contamination of
groundwater and degradation of water quality. These regulations prevent unmanaged
stormwater and reduce pollution from the runoff. The Planning Commission expressed concern
regarding the vagueness of the state language but understand that the language is a requirement
of the Department of Ecology.
D. Conclusions
1. The proposed text amendment is supported by the Comprehensive Plan and is
consistent with the goals and policies.
Ordinance 23-004 Amending chapter 22.150 SVMC-stormwater Page 2 of 7
2. The proposed amendment bears a substantial relation to public health, safety and
welfare, and protection of the environment.
Section 3. Amendment. Chapter 22.150 SVMC is hereby amended as follows:
22.150.010 Finding and purpose.
The City shall manage increased surface water flow and stormwater runoff from the use and development of real
property to protect persons, property, and the environment. The City shall implement policies and procedures
to:
A.Minimize the degradation of water quality in surface water and groundwater;
B. Reduce the impact from increased stormwater runoff, erosion and sedimentation caused by property
development;
C. Promote site planning and land development practices that are consistent with site topography and
hydrological conditions;and
D. Maintain and protect public and private property that is used and dedicated for stormwater management.
22.150.020 Regulated activities.
No person on any public or private real property located within the City shall engage in the following regulated
activities without City's approval. The regulated activities for development are:
A. Grading of land in excess of 500 cubic yards;
B. Construction of, or addition to, a building (except a single-family or duplex residence) or placement of
impervious surfaces that exceed 5,000 square feet. For projects that are implemented in incremental stages,the
threshold applies to the total amount of impervious surfaces replaced or added at full build-out;
C.Disturbance of one acre or more;
D. The subdivision,short subdivision and binding site plan process pursuant to chapter 58.17 RCW and Title 20
SVMC; and
E. Construction of drywells or other UIC wells regulated by chapter 173-218 WAC,UIC Program.
22.150.030 Authority to develop and administer standards.
The city manager or designee shall develop and administer City standards that relate to best management
practices and the threshold requirements for the development of stormwater control facilities. The city manager
or designee shall also develop policies that relate to the submission and modification of stormwater, erosion and
sediment control plans.
Requirements and performance standards that include best management practices shall be designed to control
and contain stormwater,and reduce soil erosion and sedimentation through the use of temporary and permanent
practices and facilities. The requirements shall be designed to permit flexibility in the choice of stormwater,
erosion and sediment control methods that meet the specific circumstances of each site and intended use.
22.150.040 Standards for stormwater management.
The City adopts, by reference, the Spokane Regional Stormwater Manual, as amended. Unless the context
requires otherwise, references to the local jurisdiction shall be construed to mean the City of Spokane Valley.
The city clerk shall maintain a copy on file.
22.150.050 Review process.
Following submittal of a request to engage in a regulated activity,the city manager or designee shall review the
proposed regulated activity,including any plans or other submitted material. The city manager or designee shall
determine whether the regulated activity is exempt from review based upon the threshold requirements or,
alternatively, whether the regulated activity complies with the standards, specifications and requirements
Ordinance 23-004—Amending chapter 22.150 SVMC-Stormwater Page 3 of 7
contained in the City standards.The city manager or designee may require the submission of additional material
and/or analysis to allow the proponent to demonstrate compliance with City standards.
22.150.060 Conditions of approval.
The city manager or designee is authorized to impose development requirements or conditions of approval for
the regulated activities. These conditions may be placed on the subdivision,binding site plan, issued permit, or
a recorded maintenance covenant and agreement may be placed upon a parcel or lot where drainage facilities
will be developed.
Conditions of approval shall be based on the City standards, the preliminary site drainage plan, existing site
condition, known stormwater problems, engineering reports or other relevant data to promote stormwater
control, protection of adjacent properties, utilities or other stormwater facilities, slope stabilization and the
environment.
22.150.070 Deviations and appeals.
A.Authority. The city manager or designee may grant a deviation from the requirements of this chapter or City
standards. In granting any deviation, the city manager or designee may prescribe conditions that are deemed
necessary or desirable for the public interest.
B. Deviation Criteria. A deviation shall not be granted unless the applicant demonstrates,to the satisfaction of
the city manager or designee the following:
1. Deviations are based upon sound engineering principles, best management practices and are not
inconsistent with the public interest in stormwater control and environmental protection;
2.The granting of the deviation will not be unduly detrimental or injurious to other properties in the vicinity
and downstream;
3. The proposed deviation does not conflict with or modify a condition of approval; and
4. Deviations meet requirements for safety,function,appearance,and maintainability.
C. Prior Approval. Any deviation shall be approved prior to acceptance of residential and commercial
construction plans and issuance of any building,grading,approach, or other permits.
D. Right of Appeal. All actions of the city manager or designee in the administration and enforcement of this
chapter shall be final and conclusive, unless within 15 days from notice of the city manager or designee's
decision, the applicant or an aggrieved party files a notice of appeal with the hearing examiner.
22.150.080 Stormwater facility construction and certification.
All stormwater facilities shall be completed and certified by the proponent's engineer prior to any final plat,
short plat, binding site plan, or the issuance of a permanent certificate of occupancy or final inspection for any
associated building or grading permit. At the discretion of the city manager or designee,a facility may be tested
to demonstrate adequate performance. The test shall be performed in the presence of the City.
Acceptance of performance sureties, in lieu of completed improvements, shall be permitted only when
completion of improvements prior to final land action or permanent certificate of occupancy is impractical(i.e.,
due to construction season delays or other factors beyond the proponent's control).
In the event that a performance surety is accepted,the proponent shall complete the following measures prior to
the release of the surety:
A. All aspects of the drainage facility, including landscaping, irrigation, and establishment of specified
vegetation, shall be completed in accordance with the accepted plans on file with the City. The proponent's
engineer shall certify the improvements and request an oversight inspection from the City.
B. An exception may be granted for single-family or two-family residential subdivisions where the completion
of the swales is not practical until such time as the dwellings are constructed. The proponent shall rough-grade
the swales to the required volume and install all diywells, inlets, curb drops and other structures in accordance
Ordinance 23-004--Amending chapter 22.150 SVMC-Stormwater Page 4 of 7
with the accepted plans on file with the City. Erosion control measures shall be implemented to protect the
installed drainage structures and to prevent erosion and/or failure of the swale side slopes. This includes, but is
not limited to, lining the swale with geo-fabric that can be removed along with accumulated silt,until the swale
is final-graded and vegetated. The completion of the landscaping, irrigation, and establishment of specified
vegetation shall be required prior to issuance of the permanent certificate of occupancy or final inspection for
any associated dwelling.
A warranty surety shall be submitted to the City upon successful completion and certification of all public
improvements to guarantee against defects in construction.The warranty surety will be for a period of two years
from the date the facility is accepted by the City.
22.150.090 Inspection.
The city manager or designee is authorized to field inspect on both public and private property, as appropriate,
street, building site, drainage construction,and stormwater facilities to verify conformance with City standards,
the conditions of approval, and proper maintenance and management of stormwater facilities installed pursuant
to a City of Spokane Valley development application and pursuant to SVMC 17.100.030(G).
If deemed necessary, inspection for proper maintenance and management of stormwater facilities,the City may
require private property owners provide annual certification by a qualified third party that adequate maintenance
has been performed and the facilities are operating as designed to protect water quality.
22.150.100 Property owner responsibilities.
A. The property owner shall comply with Title 22 SVMC . The property owner shall be responsible for repair,
restoration, and perpetual maintenance of the stormwater facility installed on private property and any portion
of the swale situated in a public right-of-way adjacent to their respective properties.
B. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater facility to the
plans on file with the City.This responsibility to repair,restore and maintain shall be imposed without regard to
any fault or wrongful intention on the part of the property owner.
1. "Maintenance" means preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans. Maintenance also includes mowing, irrigating, and replacing
when necessary the lawn turf within the swales.
2. The property owners within single-family and two-family residential subdivisions are not responsible for
maintenance of structures such as drywells, inlets, and pipes that receive runoff from public right-of-way
and conform to City access standards and are Iocated within the public right-of-way or a border easement
dedicated to the City. The City will maintain the drywells, inlets and pipes upon acceptance of the public
infrastructure.
C.The property owner is responsible for keeping open the drainage and stormwater easements on their property.
If a drainage or stormwater easement is unlawfully encroached upon or the function of a designated drainage or
stormwater easement is reduced, the property owner is responsible, at their own expense, for removing the
encroachment or detriment.
D.The property owner is responsible for keeping open maintenance access easements serving drainage facilities
and drainage easements.
E. The property owner shall not place or permit, and shall immediately remove, vehicles, equipment, objects,
refuse,garbage or litter from the stormwater facility.
22.150.110 Public drainage facilities.
It shall be unlawful for any person to throw, drain,pour or otherwise discharge pollutants or waters containing
any pollutants, other than stormwater into City owned facilities. Such discharges shall be prohibited unless
exempted below:
Ordinance 23-004—Amending chapter 22.150 SVMC-Stormwater Page 5 of 7
A.The following discharges are exempt from discharge prohibitions established by this chapter:
1. Diverted stream flows;
2. Rising ground waters;
3. Uncontaminated ground water infiltration(as defined at 40 C.F.R 35.2005(20);
4. Uncontaminated pumped ground water;
5. Foundation drains;
6. Air conditioning condensation;
7. Irrigation water from agricultural sources that is commingled with urban stormwater;
8. Springs;
9. Uncontaminated water from crawl space pumps;
10. Footing drains;
11. Flow from riparian habitats and wetlands; and
12. Emergency firefighting activities.
B. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit state
waste discharge permit,or other applicable permit issued to the discharger and administered under the authority
of the Washington State Department of Ecology; provided, that the discharger is in full compliance with all
requirements of the permit and other applicable laws and regulations; and provided, that written approval has
been granted for any discharge to the public storm drain system by the City.
C. The following non-stormwater discharges are prohibited unless the stated conditions are met:
1. Surface water containing sediment;
2. Water discharged from the cleaning of containers or equipment used in laying, cutting, or processing
concrete and mortar and the water used in such processes;
3. Water discharged from the cleaning of equipment or containers holding paint solvents or similar
contaminants;and
4. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of stormwater
control and treatment facilities.
5. Discharges from potable water sources, including water line flushing, hyperchlorinated water line
flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be
dechlorinated to a concentration of 0.1 ppm or less, PH-adjusted if necessary, and volumetrically and
velocity controlled to prevent resuspension of sediments in the public drainage system.
6. Discharges from lawn watering and other irrigation runoff shall be kept to a minimum and shall not
cause damage to public streets or sidewalks;
7. Swimming pool,hot tub and spa discharges shall be dechlorinated to a concentration of 0.1 ppm or less,
pH-adjusted and reoxygenated if necessary, and volumetrically and velocity controlled to prevent
resuspension of sediments in the public drainage system.Swimming pool cleaning wastewater and filter
backwash are prohibited.
8. Street and sidewalk wash water, water used to control dust, and routine external building wash down
shall not contain soaps or detergents and shall be kept to a minimum. Practices shall be implemented
prior to washing to reduce pollutants from entering the public drainage facility including but not limited
to sweeping,picking up litter and controlling velocity of discharge.
9. Other non-stormwater discharges shall be reviewed by the City for compliance with applicable
regulations, required permits, and the approval of a pollution prevention plan from the authorizing
governing agency.
D.Non-stormwater discharges listed above shall be prohibited if identified as a significant source of pollutants
to waters of the state.
E. Requirement to prevent, control and reduce stormwater pollutants by the use of best management practices
(BMPs):The owner or operator of such activity,operation,or facility which may cause or contribute to pollution
or contamination of stormwater or the storm drain system shall provide,at the owner or operator's own expense,
reasonable protection from illicit discharge of prohibited materials or other wastes into the municipal storm drain
system through use of structural and nonstructural BMPs. The source control (structural and nonstructural)
BMPs in reference are those published in the current edition of the Stormwater Management Manual for Eastern
Ordinance 23-004—Amending chapter 22.150 SVMC-Stormwater Page 6 of 7
Washington.Further,any person responsible for a property or premises that is,or may be,the source of an illicit
discharge may be required to implement, at said person's expense,additional structural and nonstructural BMPs
to prevent the further discharge of pollutants to the municipal storm drain system. Compliance with all terms
and conditions of a permit issued and administered under the authority of the Washington State Department of
Ecology authorizing the discharge of stormwater,to the extent practical,shall be deemed in compliance with the
provisions of this section.
22.150.120 Failure to comply—Nuisance.
The following is declared to be unlawful and a public nuisance:
A.The placement, construction,or installation of any structure within,or the connection to,a public stormwater
facility without written permission of the city manager or designee; or
B. The discharge to a public stormwater facility without permission of the city manager or designee;or
C. The failure to construct or maintain the stormwater facility as required in the permit or site drainage plan; or
D.The placement or allowing the placement of vehicles,equipment,objects,refuse,garbage,or litter within the
stormwater facility.
E. Any prohibited discharge pursuant to SVMC 22.150.110.
22.150.130 Enforcement.
Enforcement of this chapter shall be pursuant to chapter 17.100 SVMC.
In the event the violation constitutes an immediate danger to public health or public safety,the City is authorized
to enter private property pursuant to SVMC 17.100.030(G) to inspect, verify, and take any and all measures
necessary to abate the violation and/or restore the property.The City is authorized to seek costs of the abatement
pursuant to SVMC 17.100.
Section 4. Other sections unchanged. All other provisions of chapter 22.150 SVMC not
specifically referenced hereto shall remain in full force and effect.
Section 5. Severability. If any section,sentence, clause or phrase of this Ordinance shall be held
to be invalid or unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence,clause, or phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 31st day of January,2023.
A c):Pc0.-
Pam Haley,Mayor
f) )
Christine Bainbridge, City Clerk
Approved a o For
f of the ity Attorney r�
Date of Publication: / .roc U d
Effective Date: -/<; C2 '4
Ordinance 23-004—Amending chapter 22.150 SVMC-stormwater Page 7 of 7