HomeMy WebLinkAboutord2015-002WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2015 -036
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Introduction, Council
Originator:
Cli/fStrong
IZ L� /L/
E C � V E
Fla E D D
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1113/15
Division Head:
Mark Personius
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1/27/2015
Nat Res. /Council
Dept. Head:
Sam Ryan
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JAN 0 6 2015
WHATCOM COUNTY
COUNCIL
Prosecutor:
Karen Frakes
(? -i�-
Purchasing /Budget:
Executive:
Jack Louws
TITLE OF D U
An Ordinance Amen ing the Whatcom County Code to Properly Designate the Director of Public Works as the
Administrator of the Western Washington Phase II Municipal Stormwater Permit
ATTACHMENTS:
1. Proposed Ordinance (including Findings of the Planning Commission)
2. Staff Memorandum
3. Staff Report
SEPA review required? (X ) Yes ( ) NO
Should Clerk schedule a hearing? () Yes ( X t) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date
'The Council must hold a hearing if they want to take action that rGr rrs from the
Planning Commission's recommendation JWCC 2.160.100(2)l.
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
A proposed ordinance to amend the Whatcom County Code to Properly Designate the Director of Public Works as the Administrator of
the Western Washington Phase II Municipal Stormwater Permit.
COMMITTEE ACTION.•
COUNCIL ACTION.•
1/27/2015: Approved
1/13/2015: Introduced
1/27/2015: Adopted 7 -0, Ord. 2015 -002
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2014 -00021
Ord. 2015 -002
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www..co.whatcom.wa.us/council.
NPDES Ordinance January 27, 2015
SPONSORED BY:
PROPOSED BY: PDS
INTRODUCTION DATE: 1/13/2015
ORDINANCE NO. 2015 -002
AN ORDINANCE AMENDING THE WHATCOM COUNTY CODE TO PROPERLY
DESIGNATE THE DIRECTOR OF PUBLIC WORKS AS THE ADMINISTRATOR
OF THE WESTERN WASHINGTON PHASE II MUNICIPAL STORMWATER
PERMIT
WHEREAS, the proposed amendments have been considered by the
Whatcom County Planning Commission, the Whatcom County Council Natural
Resources Committee, and the Whatcom County Council; and
WHEREAS, legal notice requirements have been met; and
WHEREAS, the County Council finds the amendments in the interest of the
public health, safety, and welfare, based on the following findings and conclusions:
FINDINGS OF FACT
1. Whatcom County is subject to a Western Washington Phase II Municipal
Stormwater Permit issued by the Washington State Department of Ecology
in February 2007. This permit regulates discharges from Small Municipal
Separate Storm Sewers, and is part of the National Pollutant Discharge
and Elimination System (NPDES) and State Waste Discharge General
Permit. It sets forth requirements of municipalities to address stormwater
runoff in certain areas of the County. Whatcom County is required to
implement various stormwater management strategies to comply with this
State permit.
2. Under current code, the Director of Planning and Development Services is
the implied responsible party for implementing the permit, given that the
authorizing code appears in WCC Title 20 (Land Use). In actuality, it is the
Director of Public Works who carries out this work and is responsible for its
implementation (with the enforcement provisions overseen by the Director
of Planning and Development Services, the Director of Health, and the
County Sheriff). These amendments clarify this.
3. Notice of the proposed amendment was sent to the Department of
Commerce and other state agencies on October 24, 2014. On October 29,
2014 Commerce notified Whatcom County that notice of the proposed
amendment had been received and had been forwarded to other
interested parties as required. No comments regarding the proposed
amendment have been received from Commerce to date.
4. On October 13, 2014 the Whatcom County State Environmental Policy Act
(SEPA) Responsible Official determined that this code amendment is
Categorically Exempt from SEPA review, pursuant to WAC 197 -11-
NPDES Ordinance
January 27, 2015
800(19)(a) &(b) (Procedural Actions).
5. The Planning Commission held a properly- noticed public hearing on
November 13, 2014, and recommended approval of the proposed
amendments.
6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County
Planning and Development Services has: evaluated the proposed
amendment in relationship to the goals, objectives and policies of the
Whatcom County Comprehensive Plan as authorized by the Washington
State Growth Management Act (GMA) - RCW 36.70A; and considered
possible environmental impacts that have been identified by the lead
agency designated SEPA official through the State Environmental Policy
Act (SEPA) threshold determination process.
CONCLUSIONS
1. The proposed amendments are consistent with the Comprehensive Plan,
and are in the public interest.
2. The proposed amendments will result in no significant environmental
impacts, and are intended to result in better implementation of the
Western Washington Phase II Municipal Stormwater Permit.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Whatcom County Code is hereby amended as shown on Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
ADOPTED this 27th day of January 2015.
0
ATTEST: f�.� t\ATC/•j;
Ty
Darr.. Brav+r Dpvvj9- Coun al Clerk
APPROVED,as to form':
Civil ,ATM - ` secutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
J'
Carl Weimer, Council Chair
K pproved , enied
A
Jack Louws, ,executive
Date: r /.,, 1S
NPDES Ordinance January 27, 2015
EXHIBIT A
WCC 16.40 National Pollutant Discharge Elimination System
(NPDES)
16.40.010 Authority.
This chapter is adopted under the authority of the police power
granted to political subdivisions of the state by Article XI, Section 11 of
the Washington State Constitution. (Ord. 2010 -002 Exh. A).
16.40.020 Purpose and intent.
A. The purpose of this chapter is to comply with provisions of the State
of Washington Water Pollution Control Law (Chapter 90.48 RCW) and
the Federal Water Pollution Control Act (also known as the Clean
Water Act, Title 33 United States Code, Section 1251 et seq.).
16.40.030 Applicability.
This chapter applies to the unincorporated areas of Whatcom County
within the Department of Ecology's designated Western Washington
Phase II Municipal Stormwater Permit. (Ord. 2010 -002 Exh. A).
16.40.050 Administrative provisions.
A. The administrative portions of this chapter shall be overseen by the
director of public works or his /her designee. The enforcement
provisions of this chapter shall be overseen by the director of
planning and development services pursuant to WCC 2.32.030, the
director of the department of health pursuant to WCC Title 8,
Health and Safety, and Title 24, Health Code, and the county
sheriff, or their respective designees.
16.40.060 Penalties and enforcement.
A. Any person who violates any of the provisions of this chapter shall
be guilty of a civil offense and may be fined a sum not to exceed
$1,000 for each offense. After a notice of violation has been given,
each day of site work in conjunction with the notice of violation
shall constitute a separate offense.
B. The penalty provided in subsection A of this section shall be
assessed and may be imposed by a notice in writing either by
certified mail with return receipt requested or by personal service
to the person incurring the same. The notice shall include the
amount of the penalty imposed and shall describe the violation with
reasonable particularity. In appropriate cases, corrective action
shall be taken within a specific and reasonable time.
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NPDES Ordinance
January 27, 2015
C. Within 30 calendar days after the notice is received, the person
incurring the penalty may apply in writing to the county for
remission or mitigation of such penalty. Upon receipt of the
application, the county may remit or mitigate the penalty upon
whatever terms the county in its discretion deems proper. The
county's final decision on mitigation or revision shall be reviewed
by the hearing examiner if the aggrieved party files a written
appeal therewith of said decision within 10 calendar days of its
issuance.
D. If work activity has occurred on a site in violation of this chapter,
prompt corrective action, restoration or mitigation of the site will be
required when appropriate. If this provision is not complied with,
the county may restore or mitigate the site and charge the
responsible person for the full cost of such an activity. Additionally,
any and all permits or approvals issued by the county may be
denied for that site for a period of up to six years.
E. In the event any person violates any of the provisions of this
chapter, the county may issue a correction notice to be delivered to
the owner or operator, or to be conspicuously posted at the site. In
a nonemergency situation, such notice may include notice of the
intent to issue a stop work order no less than 10 calendar days
following the receipt of the correction notice, and provide for an
administrative predeprivation hearing within 10 calendar days of
the notice. In an emergency situation where there is a significant
threat to public safety or the environment, the county may issue a
stop work order. The stop work order shall include, in writing, the
right to request an administrative predeprivation hearing within 72
hours following receipt of the stop work order. Failure to comply
with the order to stop work shall be a gross misdemeanor
punishable upon conviction by a minimum fine of $500.00 up to a
maximum fine of $1,000 or one year in jail, or both. Under no
circumstance may the court defer or suspend any portion of the
minimum $500.00 fine for any conviction under this section. Each
day or part thereof of noncompliance with said order to stop work
shall constitute a separate offense.
F. The county may suspend or revoke a permit if the applicant
violates the conditions or limitations set forth in the permit or
exceeds the scope of the work set forth in the permit.
G. The prosecuting attorney may enforce compliance with this chapter
by such injunctive, declaratory or other actions as deemed
necessary to ensure that violations are prevented, ceased, or
abated.
H. Any person who, through an act of commission or omission,
procures, aids, or abets in the violation shall be considered to have
committed a violation for the purposes of the civil penalty. (Ord.
4
NPDES Ordinance
January 27, 2015
2010 -002 Exh. A; Ord. 2009 -067 Exh. A §4; Ord. 2009 -057 Exh. A
§4. Formerly 16.36.040).
20.95.010 Severability.
Should any chapter, section, clause or provision of this title be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of this title as a whole or any part
thereof, other than the part so declared to be invalid.
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