The following definitions shall apply in the interpretation and enforcement of stormwater and LID requirements of Title 5 Chapters 1 and 10, Title 6 Chapter 1B, Title 7 Chapters 5 and 6, Title 8 Chapters 2, 4 and 5,Title 9 Chapter 5, Title 10 Chapter 16, Title 11 Chapters 1 and 4, Title 12 Chapters 2 and 10, Title 13 Chapters 2, 3, 5 and 6, Title 14 Chapter 1, Title 15 Chapters 5 and 15 of this code. Any term or phrase not defined herein, or in article B or C of this chapter, shall have the meaning that is given to that term or phrase in this code or the Stormwater Management Manual. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. References to governmental entities (whether persons or entities) refer to those entities or their successors in authority. If specific provisions of law, regulation or rule referred to herein be renumbered or recodified, then the reference shall be read to refer to the renumbered or recodified provision:
AKART: All known, available, and reasonable methods of prevention, control, and treatment. See also the state water pollution control act, sections 90.48.010 and 90.48.520 Revised Code Of Washington.
ADJUSTMENT: A variation in the application of a minimum requirement to a particular project. Adjustments provide substantially equivalent environmental protection.
APPLICANT: Any person that owns a site, or has been designated or named in writing by the owner of the site to be the applicant, and executes the necessary forms to procure official approval of a regulated activity in order to carry out development upon a site or any other regulated land disturbing activity.
APPROVAL: The proposed work or completed work conforms to this article in the opinion of the director.
BASIN PLAN: As defined in the 2012 Stormwater Management Manual for Western Washington Volume I Appendix G.
BEST MANAGEMENT PRACTICE (BMP): Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water. BMPs are listed and described in the manual.
A. An experimental BMP is a BMP that has not been tested and evaluated by the department of ecology in collaboration with local governments and technical experts.
B. A source control BMP is a BMP that is intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing washwater and similar discharges to the sanitary sewer or a dead end sump.
CFR: Code of federal regulations.
CITY: The city of Orting, a municipal corporation created and existing under the laws of the state of Washington.
CITY STORMWATER DRAINAGE SYSTEM: The entire stormwater drainage system owned by the utility or over which the utility has control or right of use, or any part thereof.
CIVIL ENGINEER: A professional engineer licensed in the state of Washington in civil engineering who is experienced and knowledgeable in the practice of civil engineering.
CLEAN WATER ACT: The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
CLEARING: Removal of timber, brush, grass, ground cover, or other vegetative matter from a site that exposes the earth's surface of the site or any actions that disturb the existing ground surface.
COMMERCIAL AGRICULTURE: Those activities conducted on lands defined in Revised Code Of Washington 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Generally, commercial agriculture is exempt from the stormwater requirements of this chapter. However, converting from timberland to agriculture and the construction of impervious surfaces are not exempt.
DETENTION: The release of stormwater runoff from the site at a slower rate than it is collected by the stormwater drainage system, the difference being held in temporary storage.
DETENTION FACILITY: An above or below ground stormwater facility, such as a pond or tank, that temporarily stores stormwater runoff and subsequently releases it at a slower rate than it is collected by the stormwater drainage system. There is typically little or no infiltration of stored stormwater.
DEVELOP: To alter the condition of real property from its natural state for purposes of development.
DEVELOPED: That condition of real property altered from its natural state by the addition to or construction on such property of impervious ground cover or other manmade physical improvements or clearing of native vegetation such that the hydrology of the property or a portion thereof is affected.
DEVELOPER: The person(s) applying for the permits or approvals described in subsection 9-5A-7E of this article.
DEVELOPMENT: New development or redevelopment or both.
DEVELOPMENT COVERAGE:
A. All developed surface areas within the subject property including, but not limited to, rooftops, driveways, carports, accessory buildings, parking areas, and any other impervious surfaces.
B. During construction, "development coverage" shall include the above in addition to the full extent of any alteration of previously occurring soils, slope or vegetation due to grading, temporary storage, access areas, or any other short term causes.
DEVELOPMENT STANDARDS: The "development code" of the city, as that term is defined in title 1, chapter 13 of this code and such development standards, promulgated by the city from time to time, that contain the review, design and submittal requirements for development projects within the city. The development standards may be modified as required to promulgate the requirements of this title.
DIRECTOR: The city administrator or his or her designee.
DISCHARGE: To throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.
EARTH MATERIAL: Any rock, natural soil or fill and/or any combination thereof.
ECOLOGY: The Washington state department of ecology.
EFFECTIVE IMPERVIOUS SURFACES: Those impervious surfaces that are connected via sheet flow or by natural conveyance systems or stormwater facilities to a public or private stormwater drainage system or receiving water. Effective impervious surfaces include those areas from which:
A. Stormwater is routed directly to the stormwater drainage systems or receiving water via sheet flow or by natural conveyance systems or stormwater facilities; or
B. Stormwater is routed through a public or private stormwater facility prior to routing to the stormwater drainage system or receiving water.
EQUIVALENT ACREAGE UNIT (EAU): Shall mean and be equal to forty three thousand five hundred sixty (43,560) square feet of surface area and shall be used by the utility in assessing service charges against undeveloped property.
EQUIVALENT RESIDENTIAL UNIT (ERU): Shall mean and be equal to two thousand five hundred (2,500) square feet of impervious surfaces and is the measure of impervious ground cover to be used by the utility in assessing services charges and general facilities charges against each parcel of developed property.
EROSION: The wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
EXCAVATION: The mechanical removal of earth material.
EXCEPTION: Relief from the application of a minimum requirement to a project.
EXISTING SITE CONDITIONS:
A. Existing site conditions for sites that have not been developed or altered since 1997. If in question, existing site conditions shall be documented by aerial photograph records, or other appropriate means acceptable to the director.
B. Existing site conditions for sites that have been developed or altered after 1997 if:
1. A building or grading permit was issued and includes a stormwater drainage system that was designed and constructed in accordance with the requirements of this title in effect at the time the permit was issued; or
2. A building or grading permit was issued but received an exemption or waiver from the city from compliance with this title in effect at the time the permit was issued.
C. Vegetated pervious cover for sites developed or altered after 1997 if:
1. A building or grading permit was required but application to the city was not provided; or
2. A stormwater drainage system was not designed and constructed in accordance with the requirements of this title in effect at the time of construction; or
3. Did not receive an exemption or waiver from the city for compliance with this title in effect at the time of construction.
D. Vegetated cover shall be considered one hundred percent (100%) pasture unless the site or portions thereof were wooded or forested prior to site work or the site or portions thereof are covered with a tree canopy.
FILL: A deposit of earth material placed by artificial means.
FLOOD CONTROL ORDINANCE: Title 14 of this code.
FOREST PRACTICE: Any activity conducted on or directly pertaining to forest land regulated under title 222 Washington administrative code, except for class IV general forest practices that are conversions from timberland to other uses. Such nonclass IV general forest practices are exempt from the provisions of this code.
GENERAL FACILITIES CHARGE: That fee authorized by section 9-5C-8 of this chapter and charged by the utility to property which is developed, which charge reflects a proportionate share of the utility's capital costs attributable to the newly developed property.
GROUNDWATER: Water in a saturated zone or stratum beneath the surface of land or a surface water body.
HARD SURFACE: An impervious surface as defined in section 9-5A-4, a permeable pavement, decking that has a minimum 3/16" board spacing, or a vegetated roof.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HYPERCHLORINATED: Water that contains more than ten milligrams per liter (10 mg/L) chlorine.
ILLICIT CONNECTION: Any manmade conveyance that is connected to a stormwater drainage system without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the stormwater drainage system.
ILLICIT DISCHARGE: Any direct or indirect nonstormwater discharge to stormwater drainage systems that cause or contribute to a violation of State water quality, sediment quality or groundwater quality standards including, but not limited to, discharges from sanitary sewer connections, industrial process water, interior floor drains, fuel islands, car washing, and gray water systems. Illicit discharges are further described in subsection 9-5A-9F of this article. Discharges from firefighting activities are not included in this definition.
IMPERVIOUS SURFACE: A non-vegetated surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A non-vegetated surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development.
Common impervious surfaces include, but are not limited to, rooftops, canopies, building overhangs, structures, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.
INTERFLOW: That portion of rainfall that infiltrates into the soil and moves laterally through the upper soil horizons until intercepted by a stream channel or until it returns to the surface for example, in a wetland, spring or seep.
LAND DISTURBING ACTIVITY: Any activity that results in a movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Vegetation maintenance practices are not considered a land disturbing activity.
LID: Low Impact Development.
LID MANUAL: The latest edition of the "Low Impact Development Technical Guidance Manual for Puget Sound" as published by the Puget Sound Partnership/Puget Sound Action Team, is hereby adopted by reference as though fully set forth herein as the Low Impact Development Manual for the City of Orting and is hereinafter referred to as the "LID Manual".
LID PRINCIPLES: Land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff.
LOW IMPACT DEVELOPMENT (LID): A stormwater and land use management strategy that strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.
LOW IMPACT DEVELOPMENT BEST MANAGEMENT PRACTICES (LID BMPs): Distributed stormwater management practices, integrated into a project design, that emphasize pre-disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention, rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, vegetated roofs, minimum excavation foundations, and water re-use.
MINIMUM REQUIREMENTS: The minimum requirements for stormwater management described in the NPDES Phase II permit. The minimum requirements include:
Minimum Requirement 1, preparation of stormwater site plans
Minimum Requirement 2, construction stormwater pollution prevention (SWPP)
Minimum Requirement 3, source control of pollution
Minimum Requirement 4, preservation of natural drainage systems and outfalls
Minimum Requirement 5, on site stormwater management
Minimum Requirement 6, runoff treatment
Minimum Requirement 7, flow control
Minimum Requirement 8, wetlands protection
Minimum Requirement 9, operation and maintenance
MITIGATION: In the following order of preference, "mitigation" means:
A. Avoiding the impact altogether by not taking a certain action or part of an action;
B. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
C. Rectifying the impact by repairing, rehabilitating or restoring the affected environment;
D. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; and
E. Compensation for the impact by replacing, enhancing, or providing substitute resources or environments.
NPDES PHASE II PERMIT: The stormwater permit issued by the Department of Ecology in accordance with the National Pollution Discharge Elimination System as promulgated under the Clean Water Act.
NATURAL CONDITIONS: The conditions that existed prior to development. See definition of predeveloped condition.
NATURAL CONVEYANCE/DRAINAGE SYSTEM: Such natural landscape features that collect, contain and convey stormwater which include, by way of example and not limitation, swales and small drainage courses, streams, rivers, lakes and wetlands. This system circulates water in a complex hydrological cycle.
NEW DEVELOPMENT: Land disturbing activities, including Class IV - general forest practices that are conversions from timberland to other uses; structural development, including construction or installation of a building or other structure; creation of impervious surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in chapter 58.17 Revised Code of Washington. Projects meeting the definition of "redevelopment" shall not be considered new development.
NONSTORMWATER DISCHARGE: Any discharge to the stormwater drainage system that is not composed entirely of stormwater.
OMC: The Orting Municipal Code, as now or may be amended.
ON-SITE STORMWATER MANAGEMENT BMPs: A synonym for Low Impact Development BMPs.
PARCEL: The smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for Property Tax purposes and given a tax lot number by the Pierce County Assessor.
PERMANENT STORMWATER QUALITY CONTROL (PSQC) PLAN: A plan which includes permanent BMPs for the control of pollution from stormwater runoff after construction and/or land disturbing activity has been completed. Guidance on preparing a PSQC plan is contained in the manual.
PERMITTED DISCHARGES: The following discharges into any public or private stormwater facilities that discharge to waters of the State are permitted unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface waters or groundwaters:
A. Discharges that contain stormwater only after said discharge has been routed through a treatment or flow control facility, where required in accordance with this article;
B. Discharges that are not illicit discharges;
C. Diverted stream flows;
D. Rising groundwaters;
E. Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20);
F. Uncontaminated pumped groundwater;
G. Foundation drains;
H. Air conditioning condensation;
I. Irrigation water from agricultural sources that is commingled with urban stormwater;
J. Springs;
K. Water from crawl space pumps;
L. Footing drains;
M. Flows from riparian habitats and wetlands;
N. Nonstormwater discharges covered by another NPDES permit; and
O. Discharges from emergency firefighting activities.
PERSON: Any individual, partnership, corporation, limited liability company, association, organization, cooperative, public or municipal corporation, agency of the State, or local government unit, however designated, recognized by law and acting as either the owner of a premises or owner's agent.
PERVIOUS SURFACE: Generally, a surface that does not meet the definition of a hard surface. Pervious surfaces are vegetated surfaces over undisturbed soils or soils that have been restored to function to match predeveloped conditions. Vegetation growing in, on, or through a hard surface does not meet the definition of a pervious surface. Vegetated surfaces within open, uncovered retention/detention facilities shall be considered hard surfaces for purposes of runoff modeling.
PLAN: The stormwater management plan for the City of Orting as adopted by the City and as amended from time to time.
PLANNED UNIT DEVELOPMENT: The same meaning as given in title 13 of this Code.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and, noxious or offensive matter of any kind.
POLLUTION: Contamination or other alteration of the physical, chemical, or biological properties of waters of the State, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.
PREDEVELOPED CONDITION: The native vegetation and soils that existed at a site prior to the influence of Euro-American settlement. The predeveloped condition shall be assumed to be forested land cover unless reasonable, historic information is provided that indicates the site was prairie prior to settlement.
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
PROJECT: A site upon which regulated activities will occur.
RCW: Revised Code of Washington.
REDEVELOPMENT: On a site that is already substantially developed (has thirty five percent (35%) or more of existing hard surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of hard surface that is not part of a routine maintenance activity; and land disturbing activities.
SERVICE CHARGE: The monthly fee levied by the utility upon all developed and undeveloped real property within the boundaries of the utility as authorized by section 9-5C-6 of this chapter.
SITE: The portion of a piece of a single parcel, or two (2) or more contiguous parcels that are under common ownership or documented legal control, which parcel(s) is directly subject to development, including those areas in which stormwater facilities will be constructed. For projects located primarily within dedicated rights-of-way, "site" includes the entire width and length of that portion of the right-of-way subject to development.
SLOPE: The degree of deviation of a surface from the horizontal; measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as two to one (2:1). A two to one (2:1) slope is a fifty percent (50%) slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety degree (90º) slope being vertical (maximum) and forty five degree (45º) being a one to one (1:1) or one hundred percent (100%) slope.
SOIL: The unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.
SOURCE CONTROL BMPS: A structure or operation intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. Operational source control BMPs are non-structural practices that prevent or reduce pollutants from entering stormwater. Operational source control BMPs generally include activities such as inspection, cleaning, and maintenance. Structural source control BMPs are physical, structural, or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater or provide treatment of stormwater. Source control BMPs generally include physical measures such as coverings and constructed BMPs. Source control BMPs do not exclusively manage or control stormwater.
STORMWATER: Runoff during and following precipitation and snowmelt events, including surface runoff and drainage.
STORMWATER DRAINAGE SYSTEM: Stormwater facilities and natural conveyance systems which function together as a system in or through which stormwater is collected, conveyed, channeled, held, inhibited, retained, detained, infiltrated, diverted, treated, filtered or is returned to the atmosphere through evapotranspiration.
STORMWATER FACILITY: A constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, sediment basins, and modular pavement. Stormwater facilities also include low impact development practices which include, but are not limited to, pervious pavement, rain gardens, and bioretention cells.
STORMWATER MANAGEMENT MANUAL (MANUAL OR ECOLOGY MANUAL): The "Stormwater Management Manual for Western Washington" prepared by the Department of Ecology and adopted by reference that contains BMPs to prevent or reduce pollution and/or provide flow control.
STORMWATER POLLUTION PREVENTION PLAN (SPPP): A document which describes the BMPs and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater drainage systems, and/or receiving waters to the maximum extent practicable.
STORMWATER SITE PLAN: A document which includes a Permanent Stormwater Control Plan (PSCP) for permanent BMPs and a Construction Stormwater Pollution Prevention Plan (SWPPP) for temporary BMPs and meets the minimum requirements set forth in this article. Guidance on preparing a stormwater site plan is contained in the Stormwater Management Manual.
SUBJECT PROPERTY: The lot or lots upon which the site is located that is the subject of the permit and/or approval action, as defined by the full legal description of all lots involved in the proposed development. "Lot" shall have the meaning given in title 13 of this Code. This term shall also include the lot or lots upon which is located or takes place any structure, condition, act or omission which violates any provision of this article.
UNDERGROUND INJECTION CONTROL: The Groundwater Protection Program administered by the Department of Ecology under Washington Administrative Code 173-218, Underground Injection Control Program.
UNDEVELOPED: That condition of real property unaltered by the construction or addition to such property by man of impervious ground cover or physical manmade improvements of any kind which change the hydrology of the property from its natural state.
UTILITY: The City of Orting, Washington, stormwater management utility created pursuant to article C of this chapter.
VARIANCE: See definition of exception.
VEGETATION: All organic plant life growing on the surface of the earth.
WAC: Washington Administrative Code.
WATER BODY: Surface waters including rivers, streams, lakes, marine waters, estuaries, and wetlands.
WATERSHED: A geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington water resource inventory areas (WRIAs) as defined in Washington Administrative Code 173-500.
WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. (Waterbodies not included in the definition of wetlands as well as those mentioned in the definition are still waters of the State.)
(Ord. 911, 8-31-2011; amd. Ord. 2017-1014, 10-11-2017; Ord. 2019-1057, 1-8-2020; Ord. 2020-1063, 8-12-2020; Ord. 2022-1098, 7-27-2022)