Whatcom County, WA Environmental Rules: Stormwater Management (2026)
Key Facts
- Governs
- unincorporated county MS4 discharges
- Civil penalty
- up to $1,000 per day
- Stop-work violation
- gross misdemeanor, $500-$1,000/1 yr
- Administrator
- director of public works
- Appeal path
- Whatcom County hearing examiner
- State authority
- Ch. 90.48 RCW, Clean Water Act
Summary
Whatcom County bans illicit discharges into its municipal storm sewer system (MS4) in unincorporated areas under WCC Ch. 16.36, with civil penalties up to $1,000 per day and stop-work orders escalating to a gross misdemeanor for noncompliance.
The purpose of this chapter is to comply with provisions of the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as the Clean Water Act, Title 33 United States Code, Section 1251 et seq.). Discharging certain substances to the county municipal separate storm sewage system (MS4) is prohibited. ... Any person who violates any of the provisions of this chapter shall be guilty of a civil offense and may be fined a sum not to exceed $1,000 for each offense. After a notice of violation has been given, each day of site work in conjunction with the notice of violation shall constitute a separate offense.
Full Breakdown
WCC § 16.36.020 implements the state Water Pollution Control Law (Ch. 90.48 RCW) and the federal Clean Water Act by prohibiting discharge of certain substances to the county's MS4, the network of ditches, catch basins, culverts and storm drains that serves unincorporated roads and developments. The rule applies within the Department of Ecology's Western Washington Phase II Municipal Stormwater Permit area and the Lake Whatcom watershed, WRIA 1 (WCC § 16.36.030). Conditionally allowed discharges include dechlorinated (≤0.1 ppm) water-line flushing, dechlorinated pool and spa water, and minimized lawn-irrigation runoff (WCC § 16.36.050(D)); permissible discharges include diverted stream flows, uncontaminated groundwater, foundation and footing drains, and air-conditioning condensate (WCC § 16.36.050(E)).
Illicit connections to the MS4, including ones made in the past, are separately prohibited (WCC § 16.36.050(F)). The director of public works or a designee administers the chapter, with enforcement support from planning and development services, the health department, and the county sheriff (WCC § 16.36.050(A)). Violators face a civil penalty of up to $1,000 per offense, with each day of site work under a notice of violation a separate offense; a written appeal for remission goes to the county within 30 days, reviewable by the hearing examiner (WCC § 16.36.060(A)-(C)).
Ignoring a stop-work order is a gross misdemeanor carrying a mandatory minimum $500 fine, up to $1,000 or a year in jail, with no court authority to suspend the minimum (WCC § 16.36.060(E)).
Violations & Fines
A civil offense carries a fine up to $1,000 per violation, with each day of continued site work after a notice of violation counting as a separate offense (WCC § 16.36.060(A)). Failing to comply with a stop-work order is a gross misdemeanor: minimum $500 fine (not suspendable), maximum $1,000 fine or one year in jail, with each day of noncompliance a separate offense (WCC § 16.36.060(E)). The county may also revoke permits, restore a violated site at the owner's expense, and deny permits at that site for up to six years (WCC § 16.36.060(D), (F)).
Frequently Asked Questions
What is illegal to dump into Whatcom County's storm drains?
Can I drain my swimming pool into the street in unincorporated Whatcom County?
What happens if I ignore a county stop-work order for a stormwater violation?
Who enforces Whatcom County's stormwater rules and where do I appeal a penalty?
Sources & Official References
Other rules in Whatcom County
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