City of Olympia
The City of Olympia has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Olympia is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Olympia will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Olympia, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Olympia has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Excerpt from City of Olympia Code of Ordinance
13.16.040 Discharge or connection to the storm drainage system
A. All stormwater facilities that discharge to the storm drainage system must be inspected by the Public Works Department prior to final approval or occupancy to ensure proper installation of such stormwater facilities.
B. The construction, use, maintenance, or continued existence of illicit connections to the MS4, is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is in violation of this chapter when that person connects a line conveying sewage to the MS4 or allows such a connection to continue.
C. If, after notice and opportunity to cure as provided in OMC 4.44.030, the owner does not abate the illicit connection(s) as directed by the City, the City may abate such connection(s) and bill the owner for all reasonable costs. Any delinquent payments constitute a lien on the parcel.
D. If the discharge is occurring from a vehicle, trailer, or other mobile equipment or a vehicle, trailer, or other mobile equipment is blocking access to any public facility for testing and cleanup of a discharge, the vehicle or equipment is subject to being tagged by Parking or Code Enforcement staff and a warning issued to the owner, agent, lessee, or other person occupying or having charge or control of the equipment or vehicle requiring access to said public facility that may be blocked immediately. Failure to do so may result in removal by the City at the owner’s expense and will be a violation per OMC 13.16.180 and subject to OMC 10.16.030.
13.16.045 Pollution prevention requirements
A. Any person, business, or entity storing or using materials containing contaminants in any manner that may result in a prohibited discharge shall implement the source control BMPs described in the Drainage Design and Erosion Control Manual.
B. Any person operating a facility or performing an activity described in the Drainage Design and Erosion Control Manual shall implement the source control BMPs described therein for the facility or activity.
C. Full implementation of all stormwater BMPs required by an NPDES industrial stormwater permit or State Waste Discharge Permit constitutes compliance with this section.
D. Full implementation of the source control BMPs described in subsections A through C of this section constitutes the minimum required actions an owner, occupant, or operator of real property must take toward preventing prohibited discharges from the real property. Full implementation of the BMPs required by this section does not exempt a person from also complying with any other requirement of this chapter.
E. Technical assistance and education may be provided by stormwater staff.
F. If an illicit discharge occurs through failure to implement effective BMPs, the City may take enforcement action as described in OMC 13.16.180.
(Ord. 7325 §1, 2022).
13.16.060 Provision of abutting storm drainage system facilities
Whenever a parcel is developed, the applicable development permit must require the owner(s) to construct that portion of the MS4 abutting said parcel in accordance with the City’s comprehensive plan and applicable development policies and standards for stormwater. Provided that the Public Works Department shall establish policies and procedures for applying local improvement districts, latecomers agreements, and City participation.
13.16.150 Right of entry for inspection, code enforcement and repair
Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever there is reasonable cause to believe there exists a violation of this chapter upon a parcel within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials and consent of any owner or occupant, enter such parcel at all reasonable times to inspect the same or to perform any duty imposed upon him or her by this chapter. If no owner or occupant consents to entry, the official may apply to any court of competent jurisdiction for an order allowing such entry.
13.16.170 Stormwater facility maintenance
Parcel owners shall inspect all stormwater facilities located on their parcels and maintain the facilities in accordance with the Manual, so they function as designed.
If the City determines that maintenance or repair is required for a stormwater facility on a parcel not owned by the City, the City shall notify the owner of the parcel of the specific maintenance or repair required. The City shall set a reasonable time in which such work is to be completed by the person given notice. The owner shall complete the maintenance or repair within the time for completion established by the City. If the required maintenance or repair is not completed within the time set, the City will notify the owner that the City intends to perform the maintenance or repair and to bill the owner for the expenses incurred. The expenses charged to the owner become a charge on the owner’s storm drainage service charge bill and may be collected by the City in the manner authorized for collection of such bills.
If at any time the City determines that a stormwater facility on private property creates an imminent threat to public health or welfare, the City may take immediate measures to remedy such threat, without providing notice to the owner.
(Ord. 7325 §1, 2022; Ord. 7221 §1, 2019)
13.16.180 Enforcement – Civil and criminal penalties – Public nuisance Revised 9/22
A. The Code Enforcement Officer shall enforce the provisions of this chapter.
B. It is a civil infraction for any person to violate or fail to comply with the provisions of OMC 13.16.017, OMC 13.16.020, OMC 13.16.030, OMC 13.16.040, and OMC 13.16.170. Each day in which the person violates or fails to comply with these provisions is a separate infraction. A person found to have committed a civil infraction must be assessed a monetary penalty as follows:
1. First offense: Class 3 ($50), not including statutory assessments.
2. Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.
3. Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.
See also chapter 4.44 OMC, Uniform Civil Enforcement.
C. As a separate and concurrent remedy, any person who violates or fails to comply with OMC 13.16.170 is liable to the City for the actual expense of maintenance or repair.
D. It is a public nuisance to violate or fail to comply with any of the following sections of this chapter: OMC 13.16.017, OMC 13.16.020, OMC 13.16.030, and OMC 13.16.040.
E. In cases resulting in a violation of the MS4 Permit requirements, particularly those resulting from negligence or knowingly violating this chapter, a person, business, or both, may be referred to the Washington State Department of Ecology for further enforcement, in addition to any enforcement actions taken by the City.
City of Olympia Resources
City of Olympia Code of Ordinance
City of Olympia Stormwater Page