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EVERETT <br /> WASHINGTON <br /> ORDINANCE NO. 3880-22 <br /> An Ordinance Relating to Surface and Stormwater Drainage, Repealing Chapters 14.28 and 14.56 of <br /> the Everett Municipal Code, and Adding a New Chapter 14.28 to the Everett Municipal Code. <br /> WHEREAS, <br /> A. In January 2007 the City of Everett was issued the Phase II Municipal Stormwater Permit(Permit) <br /> by the Washington State Department of Ecology (Ecology) under delegated authority from the <br /> Environmental Protection Agency to implement the Clean Water Act National Pollutant Discharge <br /> Elimination System (NPDES) program. <br /> B. Ecology updated and reissued the Permit July 1, 2019, which was effective August 1, 2019. The <br /> City is subject to the Permit and must update stormwater-related regulations to maintain <br /> consistency with the most current Permit requirements. <br /> C. The current Permit requires the adoption of source control best management practices for <br /> pollution generating sources associated with existing land uses and activities. <br /> D. The Permit requirements therein include adoption of a progressive enforcement policy that <br /> requires sites to comply with stormwater requirements. <br /> E. The proposed new Chapter 14.28 of the Everett Municipal Code protects the health, safety and <br /> welfare of persons and property by safely conveying stormwater runoff from site development <br /> and preventing the uncontrolled or irresponsible discharge of stormwater onto adjoining public <br /> or private property or receiving waters. <br /> F. The proposed new Chapter 14.28 of the Everett Municipal Code also establishes a Payment-In- <br /> Lieu-of-Construction Program to allow qualified new development or redevelopment projects to <br /> use regional stormwater facilities by paying a system development charge and maintenance <br /> surcharges to the City in-lieu-of constructing stormwater treatment or flow control facilities,with <br /> Chapter 35.92 RCW and Chapter 35.67 authorizing such system development charges and <br /> maintenance surcharges. <br /> G. The City has adopted the most current Washington State Department of Ecology Stormwater <br /> Management Manual for Western Washington, and the requirements within new EMC 14.28 <br /> reflect definitions and minimum requirements to control runoff from new development, <br /> redevelopment and construction sites. <br />