Construction Ordinance Overview

County of Asotin

Regional Stormwater Program

P.O. Box 160 135 2nd Street Asotin, WA 99402

509-243-2074 Fax 509-243-2003

Construction Ordinance Overview

Phase II Stormwater Permit requires that we adopt a construction and post-construction ordinance by February 16, 2011. The ordinance must:

S  Require erosion, sediment and other construction phase stormwater pollution control at new development and redevelopment projects.

S  Require post-construction stormwater controls at new development and redevelopment projects.

S  Adopt a stormwater manual.

S  Include escalating enforcement procedures and actions

S  Authorize access to project site to conduct inspections.

NOTE: Used some of the same language used in the Illicit Discharge Detection and Elimination Ordinance for consistency.

Components of Ordinance

S  Definitions

S  Defines when permits are required and establishes fee authority

S  Outlines required erosion and sediment control plans

S  Authorizes inspections

S  Outlines requirements for post-construction stormwater Best Management Practices (BMPs)

S  Violations – escalating penalties

S  Hearings officer

Ordinance Focus / Local Approach

S  Focus on land disturbing activities

S  Phase II program focuses on permitting projects that disturb > 1 acre (< 1 acre that are part of a larger development project)

S  Locally we identified the need to address projects < 1 acre in a streamlined permit

Ø  Adjacent property impacts

Ø  Off-site releases to the public right-of-way

Ø  Dust issues

Ø  Phase II program is possibly moving in this direction

Project Criteria

Small projects

S  All earth disturbing activities < 5000 sq ft; and

S  Ground disturbing activity does not have the potential to disturb or change natural drainage patterns;

S  Local stormwater permit not required, unless special circumstances are present

S  Inspections may occur on a complaint basis

S  Erosion and sediment control (ESC) practices should be installed if there is a potential for discharge.

Serving: Asotin County City of Asotin City of Clarkston

S  Exemptions:

Ø  Gardens – non-commercial

Ø  Fencing

Ø  Raised decks, patio covers, awnings

Ø  Sprinkler system as a stand alone project, small disturbance

Ø  Minor landscaping – tree & shrub planting, flower beds

Ø  Residential infrastructure replacement such as waterlines, septic systems, electrical lines, etc.

Medium projects

S  All earth disturbing activities ≥ 5000 sq ft and < 1 acre; and

S  Ground disturbing activity that has the potential to disturb or change natural drainage patterns

S  Local stormwater permit required

S  Erosion and Sediment Control (ESC) plan required

S  ESC practices must be installed

S  Inspections will occur

S  Certified Erosion and Sediment Control Lead (CESCL) not required

S  Special conditions may trigger Professional Engineer design

S  Post-construction BMP monitoring waived

Large Projects - ≥ 1 acre or < 1 ac in planned development

S  Requires full Stormwater Pollution Prevention Plan (SWPPP) in accordance with stormwater manual and associated ESC practices must be installed

S  Local stormwater permit required

S  Ecology SW Permit may be required

S  CESCL daily inspections of ESC BMPs

S  Engineered post-construction BMPs

S  Engineer required to show calculations to size BMPs

S  Inspections:

Ø  Initial site inspection required

Ø  Inspections during project

Ø  Final inspection – post-construction practices

Special Conditions

S  Adesign that does not adhere to the criteria specified or referenced in this ordinance,

S  Slopes with surface water flow,

S  Slopes greater than 2:1,

S  Impaired receiving waters;

S  In areas of questionable soil conditions, such as:

S  When extensive fill is proposed,

S  Where the length of the slope requires terracing,

S  In other situations where slope stability could be in question, as determined by the agency,

S  In cases where the project may negatively affect downstream or neighboring parcels, subject to downstream analysis,

S  Discharge into or connection to the City MS4 is needed, or

S  Operation and maintenance of the drainage facilities will be assumed by the City.

Violations

S  First violation – stop work order

S  Second and subsequent violations include fines up to $1000 per day

S  Hearings Officer will be utilized for appeals

S  Additional remedies include reimbursement of enforcement costs, remediation and restorations costs and denial of future permits.