15.42.050 - GENERAL REQUIREMENTS
A. Stormwater Management Plan Adopted: The City of Bellingham's Watershed Master Plan, as now or hereafter modified, is hereby adopted by reference and is hereinafter referred to as the Plan. The Plan contains information assembled for the purposes of identifying existing and projected problems, analyzing alternatives leading to recommendations, and preparing a program to implement recommendations. The City expresses no guarantee of the accuracy of the information, although updates will be made as necessary to reflect best available information. The use of information should be accompanied by adequate checks for accuracy along with good engineering practice and judgment. The Director shall be authorized to modify the Plan from time to time, in accordance with the City's adopted Policies and Procedures, to reflect newly discovered technical data and other updated information. B. Stormwater Best Management Practices (BMPs): 1. General: BMPs shall be used to control pollution from stormwater. BMPs shall be used to comply with the standards in this Ordinance. BMPs are in the latest edition of Ecology's Stormwater Technical Manual, hereinafter referred to as Ecology's Manual. 2. Low Impact Development (LID): Stormwater BMPs to implement LID Guidance Manual, including prerequisite conditions, design specifications, maintenance requirements, and stormwater modeling criteria, are hereby approved for use subject to the City’s stormwater review process, Ecology acceptance and the compliance with special standards for Basin One of the Lake Whatcom Watershed. 3. Experimental BMPs: In those instances where appropriate BMPs are not in Ecology's Manual or the LID Guidance Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved in accordance with the approval process outlined in Ecology's Manual. C. Illicit Discharges: Illicit discharges to stormwater drainage systems are prohibited. Such discharges are at a minimum declared a nuisance and are subject to abatement. Discharges that cause or contribute to a violation of State water quality standards are subject to the compliance, enforcement and penalties of this Chapter and other applicable City, County, State and Federal regulations. For Basin One of Lake Whatcom, activities and actions that result in the discharge of water exceeding an average of 0.15 pounds of phosphorus per acre per year from a site or that result in the discharge of water exceeding State water quality standards for fecal coliform are considered an illicit discharge. D. Restrictions on Application of Fertilizers, Mulches, and Soil Amendments Containing Phosphorus, and Requirements For Retail Stores Selling Such Materials: 1. No person shall apply any fertilizer, mulch, or soil amendment to properties within the Bellingham city limits area of Basin One of the Lake Whatcom Watershed that is labeled as containing more than 0% phosphorus or other compounds containing phosphorus, such as phosphate. 2. No fertilizer of any type, mulch, or soil amendment, shall be applied when the ground is frozen. 3. No person shall apply, spill, or otherwise deposit fertilizer, mulch, or soil amendments on impervious surfaces. Any fertilizer, mulch, or soil amendment applied, spilled or deposited, either intentionally or accidentally, on impervious surfaces shall be immediately and completely removed. 4. Retail stores selling fertilizer, mulch, or packaged or bulk soil amendments labeled as containing more than 0% phosphorus or other compounds containing phosphorus, such as phosphate, must display prominently, and within ten feet of the area containing such products, a sign, with content and layout provided by the City of Bellingham, and of a minimum dimension of 2 feet by 3 feet, explaining the City of Bellingham code provision prohibiting application of phosphorus-containing materials in the Lake Whatcom watershed.
