Bellingham operates a regulated Phase II Municipal Separate Storm Sewer System (MS4) under the Washington Department of Ecology Western Washington Phase II Municipal Stormwater Permit and codifies its program in BMC Title 15 — primarily Chapter 15.42 (Stormwater Management), Chapter 15.40 (Drainage), and Chapter 15.16 (Surface and Stormwater Utility). The Public Works Department administers the surface and stormwater utility, billed monthly through BMC 15.04 utility-billing provisions. Engineering review applies the Ecology Stormwater Management Manual for Western Washington (SWMMWW) as the design standard. Because the city's drinking-water source — Lake Whatcom — is impaired for phosphorus, BMC 15.42 contains heightened protections that go beyond the SWMMWW baseline.
Bellingham's stormwater code is updated periodically to maintain equivalency with the Western Washington Phase II Municipal Stormwater Permit issued by Ecology under Chapter 90.48 RCW and the federal Clean Water Act. BMC 15.42 incorporates the Ecology Stormwater Management Manual for Western Washington (SWMMWW) by reference and applies the SWMMWW Minimum Requirements (#1 Preparation of Stormwater Site Plans through #9 Operation and Maintenance) to development and redevelopment projects. Redevelopment projects that involve 5,000 square feet or more of land-disturbing activity must comply with Minimum Requirements No. 1 through No. 5. The chapter states that the property owner is responsible for 'maintenance, operation and repair of stormwater drainage systems and BMPs in compliance with the chapter requirements and the DOE Manual.' BMC 15.42.050 contains Lake Whatcom watershed-specific requirements that go beyond the SWMMWW: a stormwater site plan must include site-specific controls to limit stormwater runoff to levels associated with a predeveloped forested condition and phosphorus transport to not more than 0.15 pounds/acre/year — implementing the 2016 Ecology Lake Whatcom Phosphorus TMDL. BMC 15.42.050(D)(1) also prohibits the application of any fertilizer, mulch, or soil amendment containing more than zero percent phosphorus within Basin One of the Lake Whatcom watershed inside Bellingham city limits. Receiving waters of the MS4 — Bellingham Bay, Whatcom Creek, Squalicum Creek, Padden Creek, Chuckanut Creek, and Lake Whatcom — are subject to Section 303(d) listings for multiple parameters. BMC 15.16 establishes the Surface and Stormwater Utility and authorizes the monthly assessment used to fund MS4-permit compliance.
Stormwater violations are enforced under BMC 15.42.070 and Title 15 with civil and criminal remedies. The city may issue a notice of violation, require corrective action, recover cleanup costs from the responsible party, suspend access to the MS4, and pursue Bellingham Municipal Court charges. Ecology can independently assess civil penalties of up to $10,000 per day per violation under RCW 90.48.144 of the Washington Water Pollution Control Act. Knowing or negligent discharges that violate water-quality standards in WAC 173-201A can be referred for federal Clean Water Act prosecution. A Stop Work order is the city's standard tool when construction sites do not have approved erosion or stormwater controls in place. Violations of the Lake Whatcom phosphorus-limit and zero-phosphorus-fertilizer rules in BMC 15.42.050 receive heightened scrutiny because the lake is the city's sole drinking-water source.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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Bellingham, WA
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