Stormwater Service Rates

The following rates for stormwater utility service furnished by said City shall be, and are hereby established, as follows:

Section 1. Definitions:

(1) “Equivalent Residential Dwelling Unit” (ERDU) means an impervious surface of a non-residential parcel of land consisting of 2,500 square feet, or a major fraction thereof.

(2) “Major fraction thereof” means 1,251 square feet or more.

(3) “Base Rate” means the monthly stormwater utility charge for a single-family parcel or single-family dwelling.

Section 2. Residential Rates:

(1) Single-Family Parcels or Single-Family Dwellings:

The monthly stormwater utility charge for each single-family parcel or single-family dwelling shall be the sum of $2.62, which sum is described as the “Base Rate.”

(2) Multiple-Family Parcels or Multiple-Family Dwellings:

The monthly stormwater utility charge for multiple-family parcels or multiple-family dwellings shall be the sum of $2.62 (the Base Rate) times the number of dwelling units within a structure.

(3) Mobile Home Parks and Trailer Parks:

The monthly stormwater utility charge for mobile home parks and trailer parks shall be the sum of $2.62 (the Base Rate) times the number of pads or spaces designed for temporary or permanent placement of mobile homes, trailers, recreational vehicles, campers, vans or other vehicles designed or used for human occupancy.

Section 3. Non-Residential Rates:

(1) The monthly stormwater utility charge for all Non-Residential and Mixed Use Occupancy developed parcels shall be determined by calculating the total measured impervious surface area divided by the ERDU and multiplied by the Base Rate.

(2) Notwithstanding the number of ERDU’s applicable to any parcel, the minimum stormwater utility charge applicable shall be the base rate.

Section 4. Streets, Roads and Alleys:

Streets, Roads and Alleys, open to public travel, shall not be subject to stormwater utility fees and charges.

Section 5. Undeveloped Parcels:

Undeveloped parcels shall not be subject to stormwater utility fees and charges; provided, however, that such charges shall be applicable to undeveloped parcels at such a time as an application for water or sanitary sewer service to such parcel is approved, or as provided in LMC 15.80.060.

Section 6. Rate Adjustments:

A reduction in the Stormwater Utility rates described herein may be granted for the following reasons and purposes:

(1) Non-residential accounts may receive a twenty-five percent (25%) rate reduction for that portion of the parcel which either meets or exceeds the water quantity and water quality requirements established by LMC Chapter 17.80, or said parcel is the subject of a Washington State stormwater NPDES discharge permit. In order to be eligible for such reduction, an applicant must submit the following:

(a) Stormwater quantity and quality facilities site plan; and,

(b) Report prepared by a professional registered engineer verifying by appropriate calculations that the facilities meet or exceed the requirements established by LMC Chapter 17.80; or

(c) A copy of an approved Washington State, Department of Ecology, NPDES stormwater discharge permit applicable to such parcel.

(2) Public and Private Schools serving any combination of grades from kindergarten through 12th grade, may receive a twenty-five percent (25%) reduction for developing and administering a water quality education curriculum program. The program must include, but is not limited to, environmental educational instruction on water quality related issues, such as safe drinking water, water use reduction, stormwater pollution and general water cycle. To qualify for the rate reduction, the education program is subject to approval by the Stormwater Division as being sufficient to meet the requirements and intents of the Federal Clean Water Act and the City’s National Pollutant Discharge Elimination System stormwater discharge permit. The program must be administered annually to all students at the grade levels specified in the approved program to remain eligible for a rate adjustment.

(3) Non-Residential accounts may receive a maximum thirty-five percent (35%) reduction if the parcel for which such reduction is sought meets or exceeds Section 6(1) and (2).

Section 7. Adjustment of Charges and Appeals:

Any customer who believes that the charges established for his, her or its parcel are in error may apply in writing to request an “Adjustment/ Monthly Fee Estimate” form from the Stormwater Division of the Public Works Department. Said form shall be completed by the customer and submitted to the Stormwater Division, which division shall review said form and respond to the customer in writing, setting forth its findings and decision.

Any customer who believes that stormwater facilities meeting the requirements of LMC Chapter 17.80 exist on their parcel, may apply in writing to request an “Application for Mitigation Adjustment to Stormwater Fee” form from the Stormwater Division of the Public Works Department. Said form shall be completed by the customer and submitted to the Stormwater Division, which division shall review said form, shall determine if the system exists and meets all the applicable design standards, and shall respond to the customer in writing, setting forth its findings and decision.

Section 8. Exemptions for low income senior citizens and low income disabled citizens:

Low-income senior citizens and low-income disabled citizens, as defined by Resolution of the City Council, shall be exempt from stormwater utility charges.

Section 9. Penalty for late payment:

All money due the City for stormwater utility services shall be due and payable within fifteen (15) days of the billing date shown on each bill, and if not paid within fifteen days thereafter, shall be deemed delinquent. In the event that the account remains delinquent beyond the thirtieth (30th) day after the bill date, a penalty charge of ten percent (10%) of the delinquent amount, or $5.00, whichever is greater, shall be assessed. Thereafter, an additional penalty charge of ten percent (10%) of the sum of the delinquent amount plus any penalty charges assessed or $5.00, whichever is greater, shall be assessed for each successive 30-day period during which such bill, or any portion thereof, remains unpaid. (Res. 1801, 2004).