S5.C.5 Controlling Runoff from New Development, Redevelopment, and Construction Sites
There are no specific deadlines or actions required for continued compliance with section S5.C.5 for reporting year 2023
"The City shall include a program to prevent and control the impacts of runoff from new development, redevelopment, and construction activities. The program covers private and public development, including right-of-way improvements".
Summary of Program Component
The City has an established permitting program for new development and redevelopment projects ranging from construction of single-family homes to mixed-use developments, commercial, and industrial project sites. Proposed land use actions are reviewed and conditioned as appropriate to achieve compliance with stormwater requirements. Construction projects are issued permits after appropriate review for compliance with the City of Tacoma Stormwater Management Manual. Permitted project sites are inspected for erosion and sediment control during construction and the installation of permanent stormwater management facilities.
During this permit cycle, the City updated its SWMM to be equivalent to Ecology’s 2019 Stormwater Management Manual for Western Washington (SWMMWW). The updated SWMM went into effect on July 1, 2021 as required by the Permit.
Ongoing Program to Control Stormwater Impacts from Development, Redevelopment, and Construction (S5.C.5.a.)
The City addresses stormwater management from development, redevelopment, and construction of private and public development including roads through regulations contained in the TMC and the SWMM.
Planning and Development Services (PDS) and ES are the primary work groups responsible for implementing the stormwater development and redevelopment regulations. These groups provide permit submittal review and approval as well as inspection services for private development. Publicly funded Capital Improvement Projects (CIPs) developed and managed by City staff must also meet the applicable Minimum Requirements of the SWMM. CIP construction inspections are performed by Public Works Department inspectors (for street improvements), ES inspectors (for wastewater and stormwater systems), and the Tacoma Public Utilities inspectors (for drinking water services and transmission lines, and power transmission). Private Development construction inspections are conducted by PDS.
Adopt and implement equivalent manual and requirements, limitations and criteria of Ecology’s 2019 Stormwater Management Manual for Western Washington (S5.C.5.a.i. to iii.)
The City submitted draft SWMM standards and ordinances to Ecology on July 1, 2020.
Equivalent manual requirements, limitations and criteria of Ecology's 2019 SWMM were adopted by the City on July 1, 2021.
Legal Authority to Inspect and Enforce Maintenance Standards for Private Stormwater Facilities Approved by the City (S5.C.5.b.v.)
Since the initial NPDES Phase I Municipal Stormwater Permit was issued in 1995, the City has had the necessary legal authority to establish standards and inspect and enforce standards for private stormwater facility maintenance.
TMC 12.08D.150.D
Requires compliance with the SWMM Minimum Requirements. MR # 9 requires an O&M Manual for permitted projects meeting specific thresholds.
TMC 12.08D.150.F.1
Requires owners to inspect and maintain their facilities and provide records to the City and retain the Operations & Maintenance Manual for the facility;
TMC 12.08D.150.F.2
Provides inspection authority;
TMC 12.08D.170
Requires Owners of property that have private stormwater facilities to enter into a Covenant and Easement that is recorded to title with the Pierce County Auditor’s Office
TMC 12.08D.300
Provides right-of-entry authority in case of possible violations of TMC 12.08D or other reasonable basis.
Permitting, Plan Review, Inspection, and Enforcement of Standards Equivalent to Ecology’s 2019 SWMM for Western Washington (S5.C.5.b.vi.)
a) System to Review all Plan Submittals Meeting Thresholds
The City’s current program provides plan review for all projects involving land disturbing activities that meet the development thresholds specified in the Permit, which are also in the SWMM, including both private and public project sites.
b) Inspection prior to clearing and construction for Sites having High Sediment Transport Potential
Pre-clearing inspections of private development sites are accomplished by the Planning and Development Services Site Development Inspectors and Plan Reviewers to meet the erosion and sediment control standards outlined in the SWMM. ES, TPU and Public Works Project Engineers or Inspectors complete the site inspections for the public project sites. The City complies with this section by inspecting all sites meeting the required thresholds prior to the start of construction.
c) Inspect all permitted development sites that meet development thresholds during construction to verify proper installation and maintenance of temporary erosion and sediment control BMPs
Inspections for installation and on-going maintenance of erosion and sediment control measures are currently completed by Planning and Development Services (PDS), Public Works Department, Engineering, ES Capital Delivery Group and Tacoma Public Utilities Inspectors. Appropriate enforcement actions are taken, when required, in accordance with the Environmental Services Stormwater Compliance Policy and appropriate sections of the TMC.
d) Inspect all permanent stormwater treatment and flow control BMPs/facilities and catch basins every six months in new residential developments
The City has a program to ensure that new residential developments receive inspections every 6 months until 90% of the lots are constructed or until the site is fully stabilized. Inspections are completed by the Site Development Group for projects that have open Permits.
e) Post-Construction Inspection for Permanent Stormwater Facilities
Operation and Maintenance (O&M) Manuals are required to be reviewed and approved for compliance with the requirements of the SWMM prior to permit approval for all sites that have facilities and meet the thresholds of the SWMM. For private facilities, a copy of the O&M Manual is required to be kept onsite, and a copy is kept on file by PDS Site Development Group for use during stormwater source control inspections. Responsibility for private facility maintenance falls to the property owner.
Facilities that will be part of the MS4 are typically the responsibility of the City. Maintenance procedures for all public flow control and treatment facilities are contained in the Stormwater Detention and Treatment Facilities Operation and Maintenance Manual and are stored electronically.
f) Compliance with Inspection Requirements
The City has an established program to inspect all sites involving land disturbing activities. The Permit required program goal is to achieve a minimum of 80 percent of scheduled inspections annually.
g) Recordkeeping Procedures in Place
The City currently has several databases to track all S5.C.5 required inspections and enforcement actions.
h) Enforcement Strategy for Non-Compliance Response
City inspectors have the ability to enforce compliance of S5.C.5 requirements through authorities in the TMC. Building and Site Inspectors, Code Compliance Inspectors, and Environmental Compliance Inspectors have enforcement procedures for non-compliance with permitting conditions per TMC 2.02.130 and Chapter 12.08A and 12.08D of the TMC. Environmental Compliance Inspectors implement the Environmental Services Stormwater Compliance Policy. The inspectors focus on owner education, coaching and voluntary compliance. Enforcement measures include stop work orders, Notices of Violation, fines, and Certificates of Complaint attached to the title of the property. Environmental Compliance Inspectors and Public Works Department Inspectors may refer cases to Neighborhood and Community Services Code Compliance to pursue further enforcement actions.
City capital construction projects are required to comply with construction contracts that enforce local, state and federal regulations including all Permit requirements.
Inspectors can also refer specific cases to Ecology for follow‑up and enforcement when cases directly impact waters of the state.
Notice of Intent (NOI) Forms for Construction and Industrial Stormwater General Permits (S5.C.5.b.vii.)
The Permit requires the City to provide permit applicants for new and redevelopment sites with information describing Ecology’s NPDES Construction General Permit and NPDES Industrial Stormwater General Permit, if applicable to their projects. Information on these permits is provided, as applicable, to applicants at various times throughout the project review including pre-application meetings and permit submittal review. The City website, tacomapermits.org, provides links to Ecology’s website where information about obtaining coverage under the NPDES Construction General Permit and NPDES Industrial General Stormwater Permit are posted. The City’s electronic permitting system includes prompts referring applicants to Ecology’s website when certain permit triggers are met.
The City enforces local requirements that control runoff from sites that discharge stormwater to the City’s MS4 including those sites covered by other stormwater permits issued by Ecology.
Training for Development Permitting, Plan Review, Construction Inspection and Enforcement Personnel (S5.C.5.b.viii.)
ES, PW and PDS staff provide training to plan review, inspection, and enforcement personnel in the City concerning erosion and sediment control measures and private drainage system operation and maintenance. Relevant training opportunities have been developed for plan review, inspection and enforcement personnel. Records of certain trainings are recorded in SAP, the City’s Information Management System database. Other trainings are tracked through training sign-in sheets that are kept on file. Staff training also occurs through review of daily work activities and feedback from those reviews.