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Home My WebLink About4684 ORDINANCE NO. '~r'~2 ~ '~' AN ORDINANCE establishing a Program for Elimination of Improper Stormwater Inflow to the Wastewater System and amending Chapters 15.01 General Provisions, 15.04 Stormwater, 15.06 Assessments, Rates, Fees and Charges and 11.02 Right of Way Use. Whereas, improper stormwater inflow to the wastewater system exists within the wastewater service area, and; Whereas, improper stormwater inflow may typically take the form of roof drains, parking lot drains, foundation drains, curtain drains and driveway drains, and; Whereas, these improper stormwater inflows contribute to combined sewer overflow events, sanitary sewer surcharging and increased wastewater storage, conveyance and treatment costs, and; Whereas, in 1994 the Bremerton Municipal Code was modified to prohibit any stormwater connections to the sewer system [BMC 15.03.210(b)(11 )], and; Whereas, many improper stormwater inflows were in existence prior to 1994, and; Whereas, the City is implementing plans to reduce or eliminate combined sewer overflow events and sanitary sewer surcharges, and; Whereas, removal of improper stormwater inflow to the wastewater system is a critical element of meeting the City's goals on reduction of combined sewer overflow events and sanitary sewer surcharging, and; Whereas, the City has developed a program to eliminate, where possible, these improper stormwater inflows to the wastewater system, and establish a rate for conveyance and treatment of those inflows; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN: PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 1 Section 1. Amendment. Chapter 15.01 General Provisions is hereby amended to read as follows: 15.01.020 DEFINITIONS (i) (3)"Improper Stormwater Inflow" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to; roof drains, parking lot drains, foundation drains, curtain drains and driveway drains. (-3-) (4) "Improved premises"... (-4-) (5) "Industrial user"... (-6-} (6) "Infiltration"... (-6-) (7) "Inflow"... Section 2. Addition. Section 15.04.130 is hereby added to Chapter 15.04, Stormwater, to read as follows: 15.04.130. ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater collection system and treatment plant. (b) Disconnection Required by 2005. Disconnection of all improper stormwater inflow to the wastewater system shall be made by January 1, 2005, unless continued connection is authorized by the Director where no practicable alternative for elimination of the improper stormwater inflow is available. (c) Director's Authority to Order Early Disconnection. (1) Purpose. The Director has the authority to order the disconnection of improper stormwater inflow to the wastewater system prior to January 1, 2005, where that disconnection is necessary to meet combined sewer overflow reduction plans and for elimination of sanitary sewer surcharging. The Order of Early Disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Notice of a Director's Order for Early Disconnection will be provided in writing. The notice will establish an effective date by which PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 2 the improper stormwater inflow shall be discontinued. The effective date shaJI be no sooner than 90 days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or subbasins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Residential Disconnection Assistance Program. (1) Program Overview. The Director shall establish a program to assist residential property owners in the elimination of improper stormwater inflow to the wastewater system (the Program). The Program may include, but not be limited to; technical assistance to residential property owners, provision of supplies for incorporation of work upon residential property, work in the right-of- way that supports the residential property improvements and funding of residential property improvements through grants and loans. (2) Program Funding. The City Council shall periodically establish funding for the Program, as well as setting limits and terms for loans and grants to participating residential property owners. If additional work is required beyond the limits established, it shall be performed by the owner at his/her expense. (3) Eligible Participants. This Program may be utilized only by the owners of single family or duplex (2 or less units) residences with improper stormwater inflow to the wastewater system, which were in existence prior to January 1, 1995. The Program participants must eliminate all practicable improper stormwater inflow to the wastewater system from the property. (4) Target Areas. The Director may implement and make available this Program throughout the wastewater service area, or instead only in target areas within the wastewater service area. When the Director issues an Order for Early Disconnection of improper stormwater inflow in an area where the Program is being implemented, the Director shall inform the owner of the availability of the Program. Participation in the Program shall be voluntary; owners declining to participate shall be required to proceed with removal of the improper private stormwater inflow to the wastewater system by the established effective date at the owner's expense. (5) Scope of Work. The Director shall determine for each participating property the scope of work for reduction of improper stormwater inflow to the wastewater system which may be paid for with Program funds, with the goal of achieving the most cost-effective and timely reductions. (6) Application and Agreement Owners who wish to participate in the Program must make application to the Department. The application will include the name of the PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 3 applicant, property location, scope of work, estimate of cost, method of performing the work (contractor or owner) and other data as the Director deems appropriate. Applications will be accepted, evaluated and funded on a first come/first served basis subject to prioritization of target areas. Once an application is approved for funding the applicant will enter into an agreement with the City that will include the scope of work, eligible amount and loan or grant terms. (7) Residential Property Work Funded by the City. i. (a) Contractor performed work. Participating owners shall select a contractor in accordance with a competitive process established by the Director. After City review and verification of the contractor selection process and contract price, the owner shall contract with the selected contractor for performance of the approved scope of work. The City shall not be a party to such contract. The owner's contract shall require the contractor to secure any building, right-of-way, or other permits as may be necessary, if the owner has not separately secured such permits. i. (b) Owner Performed Work. The Director may establish rules authorizing reimbursement or partial reimbursement for owner-performed work. The owner shall secure any building, right-of-way or other permits as may be necessary. ii. Release. As a condition to participation in the Program, the owner shall release the City and it's officers and employees from all liability relating to the work. iii. Payment. After the work is inspected and approved for conformance with the scope of work by the City, the Director shall authorize payment of the eligible amount provided in the agreement from funds appropriated to the Program. Partial payments will not be made. iv. Deferred Reimbursement. The Director may establish a deferred reimbursement program whereby a residential property owner who performs the work necessary to discontinue the improper stormwater inflows from the property for which the Program does not have funds immediately available can have the eligible amount reimbursed at a later date when funds are available. v. Maintenance. Participating owners shall be responsible for maintaining any improvements constructed under this Program. vi. Director Rules. The Director may establish policies, procedures and such further criteria as are required to implement this Program. (f) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including; reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 4 Section 3. Amendment. Section 15.06.050 of Chapter 15.06, Rates, Fees and Charges is hereby amended to read as follows: 15.06.050. RATES - STORMWATER (b) Improper Stormwater Inflow to Wastewater System. A rate shall be assessed on all property owners who have an improper stormwater discharge to the wastewater system pursuant to the Utility Fee and Rate Schedule established for stormwater by City Council ordinance. Rates shall be based upon the approximate amount of impervious surface area of the property. The impervious surface area, measured in equivalent impervious surface units (ISU's), shall be that used for the stormwater rates elsewhere in this chapter. Payment of the improper stormwater inflow shall be terminated when the property has disconnected all sources of the improper stormwater inflow from the wastewater system. (~) (c) Rate Adjustments. ~ (d) Exempt Properties. (-d-) (e) Public School District Properties. (e-) (f) Implementation Schedule for Annexed Properties. Section 4. Amendment. Chapter 11.02, Right-of-Way Use; Permits, Fees and Charges, is hereby amended to read as follows: 11.02.120. PERMIT FEES AND CHARGES. 2. Type B, Disturbance of Right-of-Way Permit Fees for Type B Permits shall be established for the following categories: a. Sidewalk repairs. Repair of existing sidewalk not associated with other development activity and residential owner performed improper stormwater inflow elimination work in the sidewalk and curb area. PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 5 Section 5. Effective date. This ordinance shall become effective ten days after passage and publication. A~ PDPROVE. D by the City Council of the City of Bremerton this ~ day of /~z4~,,-,~'_~.~ ,1999. City Council of the City of Bremerton this ~ day of ,1999. M'I'I~E-S~IEPHER'D, Council President ~ t APPROVED this ~ day of ~ ,1999. rYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSK¥, City Clerk PROGRAM FOR ELIMINATION OF IMPROPER PRIVATE STORMWATER INFLOW Page 6