13.26A.040 Maintenance of stormwater facilities.

A.    Maintenance and Inspection Required. All public and private drainage facilities shall be inspected and maintained by the owner in accordance with the Stormwater Facility Maintenance Manual. The intent is to ensure proper maintenance of pollution control and quantity control facilities to protect surface water and groundwater. The director may require the owner to conduct more frequent inspection and/or maintenance when necessary to assure that facilities function as designed for pollutant control and quantity control. The Stormwater Facility Maintenance Manual shall be filed with and available at the department of environmental services.

B.    Alternative Maintenance Practices. An alternative maintenance practice to those in the Stormwater Facility Maintenance Manual or maintenance practices for a stormwater facility not included in the Stormwater Facility Maintenance Manual may be approved by the director if demonstrated to provide pollutant controls equivalent to maintenance standards of the Stormwater Management Manual for Western Washington. The director shall update the Stormwater Facility Maintenance Manual to include alternative maintenance practices or maintenance practices for facilities not included in the manual before such practices are allowed for general use.

C.    Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance of drainage facilities shall be conducted in accordance with federal, state, and local regulations, including the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC; guidelines for disposal of waste materials; and, where appropriate, Dangerous Waste Regulations, Chapter 173-303 WAC.

D.    Exceptions. The director may grant an exception for maintenance requirements that conflict with federal, state, or local environmental regulations such as a Washington Department of Fish and Wildlife Hydrologic Project Approval, a wetland permit, geologically hazardous area requirements, or habitat conservation requirements.

E.    County Maintenance Projects. The director shall prepare a list of stormwater facilities for major maintenance or repair. The list will be updated annually and prioritize projects based on the needs to protect water bodies, protect public safety, prevent catastrophic infrastructure failure, prevent flooding, and protect infrastructure.

F.    Private Maintenance Projects. Privately operated and maintained facilities with deferred maintenance may require construction projects to bring them into compliance with maintenance standards. The director may approve a work schedule to bring these facilities into compliance with the Stormwater Facility Maintenance Manual. This does not relieve the operator from performing routine maintenance and enforcement under provisions of this chapter. (Sec. 3 (Exh. B) of Ord. 2000-07-34; amended by Sec. 3 (Exh. 2) of Ord. 2009-01-01; amended by Sec. 1 (Att. A § 2) of Ord. 2011-08-08)