Executive/Council Action Form (ECAF)
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Ordinance 25-013, reenacting and amending Chapter 7.54 SCC pertaining to inspection and maintenance of constructed stormwater control facilities
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DEPARTMENT: Conservation and Natural Resources
ORIGINATOR: Bill Leif
EXECUTIVE RECOMMENDATION: Approved by Ken Klein 2/20/25
PURPOSE: Reenactment of Chapter 7.54 Snohomish County Code - Maintenance of Constructed Stormwater Facilities.
• BACKGROUND: Click or tap here to enter text.The Washington State Department of Ecology (Ecology) issued a National Pollutant Discharge Elimination System (NPDES) Phase 1 municipal stormwater permit to Snohomish County and five other municipalities in Washington State.
• NPDES permit Special Condition S5.C.10.b.i requires the County to have and implement ordinances or other enforceable documents requiring maintenance of privately-owned stormwater facilities that discharge to the County’s municipal storm sewer.
• Snohomish County meets this requirement through implementation of chapter 7.54 Snohomish County Code (SCC).
• The purposes of chapter 7.54 SCC are to:
o Protect the quality of the county’s aquatic resources, including receiving waters, groundwater, and aquatic sediments, from the discharge of contaminants and the adverse impacts of stormwater runoff.
o Protect the function and integrity of public infrastructure related to stormwater control, including county roads, associated rights-of-way, and drainage facilities.
o Reduce, prevent, and ameliorate the adverse impacts of contaminated discharges on public health, safety, and welfare; and
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Protect, maintain, and improve the quality of the county’s water resources for fish and wildlife habitat, human recreation, and other ecological and aesthetic purposes and beneficial uses.
• The objectives of chapter 7.54 SCC are to:
o Establish minimum requirements for the regular inspection and maintenance of constructed stormwater control facilities, pursuant to which the owners, occupants, and operators of real property on which such facilities are located must keep such facilities in good condition and repair so that such facilities perform their intended function, thereby controlling, reducing, and preventing the discharge of pollutants to the waters of the state as required by chapter 90.48 RCW, the Clean Water Act, the county’s Drainage Manual, and the county’s Phase I NPDES municipal stormwater permit; and
o Establish procedures pursuant to which the county may enforce compliance with the requirements described above.
• Chapter 7.54 SCC was enacted April 17, 2013 by Amended Ordinance 13-022 with an effective date of April 28, 2013, reenacted April 10, 2019 by Amended Ordinance 19-009 with an effective date of April 21, 2019, and last amended by Amended Ordinance No. 21-025 on June 16, 2021.
• Chapter 7.54 SCC will automatically repeal on April 20, 2025, unless reenacted prior to that date.
• Repeal of this code chapter would result in noncompliance with the NPDES municipal stormwater permit.
• The proposed ordinance would reenact chapter 7.54 SCC with the sole change of repealing the sunset provision in 7.53.600 - Sunset.
• The deadline date in this ECAF of March 19, 2025 is the latest date for the Council to adopt the ordinance, accounting for the following maximum time periods set forth in the Snohomish County Charter Section 2.110, and assuming Executive takes no action to enact or veto:
o Five working days after adoption for Council to transmit the approved ordinance to Executive (ordinance at Executive no later than March 26, 2025);
o Ten working days for Executive to enact or veto the ordinance (action deadline April 9, 2025, ordinance is enacted on that date if Executive takes no prior action);
o Ordinance effective ten calendar days after enaction (effective date April 19, 2025).
• Per WAC 197-11-800(19), adoption of this ordinance is categorically exempt from SEPA threshold determination requirements.
FISCAL IMPLICATIONS:
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DEPARTMENT FISCAL IMPACT NOTES: Reenactment of this code chapter does not have a fiscal impact.
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OTHER DEPARTMENTAL REVIEW/COMMENTS: Reviewed/approved by Finance - Nathan Kennedy 2/20/25 - AATF: Alethea Hart 2/18/25