Chapter 13.28
STORMWATER MANAGEMENT POLICY
Sections:
13.28.010 Purpose.
13.28.020 Definitions.
13.28.025 Authorized and prohibited discharges.
13.28.030 Drainage review – When required.
13.28.040 Drainage review – Requirements, review and approval.
13.28.050 Drainage review – Adjustments.
13.28.055 Drainage review – Adjustments for low impact development proposals.
13.28.060 Construction – Timing.
13.28.070 Construction – Required bonds and liability insurance.
13.28.080 Maintenance – Drainage facilities accepted by the City for maintenance.
13.28.090 Maintenance – Drainage facilities not accepted by the City for maintenance.
13.28.100 Maintenance – Minimum standards.
13.28.115 Best management practices for pollution source control.
13.28.120 Hazards.
13.28.130 Administration.
13.28.135 Enforcement.
13.28.140 Appeals.
13.28.150 Severability.
13.28.010 Purpose.
The Council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and stormwater, erosion control, and flooding. The Council also finds that this chapter is necessary in order to minimize water quality degradation; prevent flood damage, siltation and habitat destruction in the City’s creeks, streams and other water bodies; to protect property owners adjacent to developing land from increased runoff rates which could cause stream erosion and damage to public and private property; to promote sound development and redevelopment policies which respect and preserve the City’s watercourses and aquatic habitat; to promote low impact development strategies that reduce impervious surface and stormwater runoff; to ensure the safety of City roads and rights-of-way; comply with the Department of Ecology Western Washington Phase II Municipal Stormwater Permit; prevent water quality degradation and groundwater recharge through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance programs in order to promote the effectiveness of the requirements contained in this chapter. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.020 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter. Additional definitions related to the implementation of this chapter can be found in the Surface Water Design Manual and Western Washington Phase II Municipal Permit:
A. “Adjustment” means a City-approved variation in the application of the requirements of IMC 13.28.040 and the Surface Water Design Manual to a particular project in accordance with IMC 13.28.050. “Adjustment” replaces “variance,” which was used in prior editions of the Surface Water Design Manual.
B. “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
C. “Basin plan” means the 1996 Issaquah Creek Basin and Nonpoint Action Plan.
D. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
E. “Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch (other than routine maintenance, repair or emergency modifications, excluding driveway culverts installed as part of single-family residential building permits) that either serves to concentrate previously unconcentrated surface and stormwater runoff, or serves to increase, decrease and/or redirect the conveyance of surface and stormwater runoff.
F. “Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels and most flow control and water quality treatment facilities.
G. “Department” means the City of Issaquah Public Works Engineering Department or its successor organization.
H. “Development” means any activity that requires a permit or approval, including, but not limited to, clearing and grading permit, short plat approval, subdivision approval, building permit, and planned unit development approval.
I. “Director” means the Director of Public Works Engineering Department, or any duly authorized representative of such Director.
J. “Drainage” means the collection, conveyance, containment and/or discharge of surface and stormwater runoff.
K. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, flow control or water quality treatment facilities, infiltration facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.
L. “Drainage review” means an evaluation by City of Issaquah permit review staff of a proposed project’s compliance with the drainage requirements in the Surface Water Design Manual, references in the Surface Water Design Manual such as basin plans and critical drainage areas, other requirements stated in this chapter, other applicable requirements of the Issaquah Municipal Code including the critical areas regulations (Chapter 18.10 IMC), and conditions of development or environmental permits issued for the project.
M. “Erosion and sediment control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site or enter into wetlands or aquatic areas.
N. “Flow control facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in this chapter. Flow control facilities are designed either to retain water for a considerable length of time and then release it by evaporation, plant transpiration and/or infiltration into the ground or to detain runoff for a short period of time and then release it to the conveyance system.
O. “Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard, whether the materials are in usable or waste condition; and any material that may degrade surface water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include: all materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC; hazardous materials shall also include petroleum or petroleum products that are in liquid phase at ambient temperatures, including any waste oils or sludges.
P. “High-use site” means a commercial, industrial or road intersection site that has characteristics that generate the potential for chronic oil accumulation. High-use sites include:
1. Commercial or industrial sites subject to:
a. An expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area;
b. Petroleum storage or transfer in excess of 1,000 gallons per year, not including routine fuel oil storage or transfer; or
c. Use, storage or maintenance of a fleet of 25 or more diesel vehicles each weighing over 10 tons; or
2. Road intersections with average daily traffic counts of 25,000 vehicles or more on the main roadway and 15,000 or more vehicles on any intersecting roadway (excluding pedestrian or bicycle use improvement projects).
Q. “Illicit connection” means a pipe or other drainage facility that conveys anything not composed entirely of surface and stormwater directly to a storm drainage facility or water body, except connections containing allowable discharges as defined in IMC 13.28.025.
R. “Illicit discharge” means any direct or indirect nonstormwater discharge to the City’s storm system, except as expressly allowed by this chapter.
S. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roofs, walkways, patios, driveways, parking lots, storage areas, areas which are paved, graveled or made of packed or oiled earthen materials or other surfaces which similarly impede the natural infiltration of surface and stormwater. Open, uncovered flow control or water quality treatment facilities shall not be considered as impervious surfaces for purposes of determining whether the thresholds for the application of minimum requirements are exceeded. Open, uncovered flow control or water quality facilities shall be considered impervious surfaces for purposes of runoff modeling.
T. “Improvement” means streets (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, street trees and other appropriate items.
U. “Low impact development” means a stormwater management and land development strategy applied at the parcel and subdivision scale that emphasizes conservation and use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely mimic predevelopment hydrologic functions.
V. “Master drainage plan” means a comprehensive drainage control plan intended to prevent significant adverse impacts to the natural and constructed drainage system, both on-site and off-site.
W. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (such as roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
1. Owned or operated by the City of Issaquah;
2. Designed or used for collecting or conveying stormwater;
3. Which is not part of a publicly owned treatment works (POTW). “POTW” means any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned.
X. “National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Y. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
Z. “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner’s agent.
AA. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
BB. “Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. Such surfaces include those subject to vehicular use, industrial activities, or storage of erodible or leachable materials; wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surface unless they are treated to prevent leaching.
CC. “Pollution-generating pervious surface” means a nonimpervious surface considered to be a significant source of pollutants in surface and stormwater runoff, including surfaces subject to use of pesticides and fertilizers, to the use or storage of erodible or leachable materials, wastes or chemicals or to the loss of soil. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks and sports fields.
DD. “Project” means any proposed action to alter or develop a site, which may also require drainage review.
EE. “Project site” means the portion of a property, properties or right-of-way subject to proposed land disturbing activities, new impervious surfaces, replaced impervious surfaces, alterations or improvements including those required by this chapter.
FF. “Redevelopment project” means, on a site that is already substantially developed (defined as having 35 percent or more of existing impervious surface coverage), the creation or addition of impervious surfaces; the expansion of a building footprint or addition or replacement of a structure; structural development including construction, installation or expansion of a building or other structure; replacement of impervious surface that is not part of a routine maintenance activity; and land disturbing activities.
GG. “Replaced impervious surface” means, for structures, the removal and replacement of any horizontal exterior impervious surfaces or foundation that generates rainfall runoff. For other impervious surfaces, the removal down to bare soil or base course and replacement.
HH. “Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater as well as on ground surfaces. For the purposes of this definition, “groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.
II. “SPP Manual,” or “Stormwater Pollution Prevention Manual,” means best management practices contained in the 2009 King County Stormwater Pollution Prevention Manual and Volume IV of the 2005 Department of Ecology Stormwater Management Manual for Western Washington. If a pollution-generating activity is not covered by these manuals and is contributing to a prohibited discharge, the City may require best management practices from other relevant pollution prevention guidance documents.
JJ. “Site” means the legal boundaries of the parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.
KK. “Stormwater pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
LL. “Stream channel” means the area of a natural or manmade drainage course between the tops of banks, where deposited contaminants would erode into the stream or become in contact with floodwaters during floods.
MM. “Surface and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.
NN. “Surface Water Design Manual” means the 2009 King County Surface Water Design Manual (and supporting documents as appropriate), prepared by King County Department of Natural Resources and Parks or its successor organization, as supplemented and modified by the City of Issaquah 2011 Addendum to the 2009 King County Surface Water Design Manual that specifies local requirements and procedures, describing surface and stormwater design and analysis requirements, procedures and guidance.1
OO. “Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in surface and stormwater runoff. Water quality treatment facilities are the structural component of best management practices (BMPs). When used singly or in combination, water quality facilities reduce the potential for contamination of surface and/or groundwaters. (Ord. 2625 § 2, 2011; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2424 § 1, 2005; Ord. 2288 § 2, 2000).
13.28.025 Authorized and prohibited discharges.
A. Prohibited Discharges – Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drainage facility and/or surface and groundwaters any materials other than stormwater.
Examples of prohibited contaminants include but are not limited to the following:
1. Trash or debris.
2. Construction materials.
3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil.
4. Antifreeze and other automotive products.
5. Metals in either particulate or dissolved form.
6. Flammable or explosive materials.
7. Radioactive material.
8. Batteries.
9. Acids, alkalis, or bases.
10. Paints, stains, resins, lacquers, or varnishes.
11. Degreasers and/or solvents.
12. Drain cleaners.
13. Pesticides, herbicides, or fertilizers.
14. Steam cleaning wastes.
15. Soaps, detergents, or ammonia.
16. Swimming pool or spa cleaning wastewater, or filter backwash.
17. Chlorine, bromine, or other disinfectants.
18. Heated water.
19. Domestic animal wastes.
20. Sewage.
21. Recreational vehicle waste.
22. Animal carcasses.
23. Food wastes.
24. Bark and other fibrous materials.
25. Lawn clippings, leaves, or branches.
26. Silt, sediment, concrete, cement or gravel.
27. Dyes.
28. Chemicals not normally found in uncontaminated water.
29. Any other process-associated discharge except as otherwise allowed in this section.
30. Any hazardous material or waste not listed above.
B. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
1. Diverted stream flows.
2. Rising groundwaters.
3. Uncontaminated groundwater infiltration – as defined in 40 CFR 35.2005(20).
4. Uncontaminated pumped groundwater.
5. Foundation drains.
6. Air conditioning condensation.
7. Irrigation water from agricultural sources that is commingled with urban stormwater.
8. Springs.
9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities.
13. Dye testing is allowable but requires verbal notification to the Director at least 1 day prior to the date of test.
C. Conditional Discharges. The following types of discharges are prohibited unless the stated conditions are met, or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:
1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4;
2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts;
3. Dechlorinated swimming pool discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4;
4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These discharges shall be reduced through, at a minimum, public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, the amount of street wash and dust control water used must be minimized. At active construction sites, street sweeping must be performed prior to washing the street;
5. Nonstormwater discharges covered by any NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the storm drain system;
6. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed by the City which addresses control of such discharges.
D. Prohibition of Illicit Connections.
1. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.
2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
3. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.030 Drainage review – When required.
A. Stormwater Management Manual Adopted. Except as noted below, the City hereby adopts the Surface Water Design Manual, containing stormwater management design standards, methods, and procedures.
1. Chapters 1 and 2 are not adopted. Chapters 1 and 2 as amended by the City of Issaquah to specify local requirements and procedures are adopted.
2. References 1 to 10 in the Reference Section are not adopted.
B. Stormwater Pollution Prevention Manual Adopted. The City hereby adopts the 2009 King County Stormwater Pollution Prevention Manual, as subsequently amended.
C. When Required. Drainage review is required when any proposed project meets or exceeds the threshold conditions defined in the Surface Water Design Manual (such as new impervious area, drainage facility modifications, redevelopments, clearing or grading) and is subject to a City development permit or approval. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.040 Drainage review – Requirements, review and approval.
A. Unless otherwise specified in this chapter, all standards, methods and requirements shall be in accordance with the Surface Water Design Manual.
B. Plan and Report Submittal. Drainage plans, supporting technical analyses and other required documentation shall conform to the reporting requirements contained in the Surface Water Design Manual.
C. Where to Submit. All storm drainage plans prepared in connection with any of the permits and/or approvals listed in IMC 13.28.030 shall be submitted for review and approval to the Permit Center.
D. All plans, drawings and calculations designed to control surface water and subsurface water, submitted to the City, will be prepared by a licensed professional engineer, registered in the State of Washington, and those plans, drawings and calculations will be stamped showing that engineer’s registration.
E. Interpretation. The provisions of this chapter shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this chapter.
F. More Strict Standard Applies. When any provision of any other ordinance of the City’s regulations conflicts with this chapter, that which provides greater environmental protection shall apply unless otherwise provided for in this chapter. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.050 Drainage review – Adjustments.
A. An adjustment to the requirements contained in this chapter or other requirements in the Surface Water Design Manual may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this chapter and the adjustment shall:
1. Produce a compensating or comparable result in the public interest; and
2. Meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.
B. If meeting the provisions of subsection (A)(1) of this section will impose a severe and unexpected economic hardship, the best practicable alternative shall be obtained as determined by the Director according to the adjustment process defined in the Surface Water Design Manual.
C. Requests for adjustments that may conflict with the requirements of any other City department shall require review and concurrence with that department.
D. A request for an adjustment is a Level 0 Review Process as provided for in IMC 18.04.100.
E. The City will require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine compliance with subsection (A)(1) of this section and the approved plans and conditions. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.055 Drainage review – Adjustments for low impact development proposals.
A. Authorized Adjustments from Design Standards. In order to achieve the goals of low impact development, the Director may approve adjustments to the standards referenced in the Issaquah Street Standards and other chapters of the IMC under which the Director is authorized to approve such adjustments, as appropriate and necessary to achieve the goals. Adjustments that require approval under the Land Use Code, such as parking and landscaping standards, will require an administrative adjustment of standards as allowed for in the appropriate section of IMC Title 18, Land Use Code.
B. Requirements. The applicant shall provide justification, in an adjustment request to the Director, for each adjustment requested by demonstrating that the project meets all other requirements of the IMC and that such project has a reasonable assurance of long-term success. Adjustments shall be based on the following criteria:
1. The adjustment will provide substantially equivalent environmental protection;
2. The adjustment is based on sound engineering practices, and the objectives of safety, function, environmental protection and facility maintenance are met;
3. The adjustment contributes to and is consistent with the goal of minimizing the effective impervious area within a development to the maximum extent practicable;
4. The proposed development project offers a reasonable assurance that the goals of low impact development will be achieved and maintained;
5. The adjustment does not threaten public health or safety;
6. The adjustment is consistent with generally accepted engineering and design practices and reflects, at a minimum, design practices in accordance with the 2005 Puget Sound Action Team Low Impact Development Technical Guidance Manual for Puget Sound and subsequent modifications and any guidance or requirements issued by the Department of Ecology;
7. The adjustment promotes 1 or more of the following:
a. Innovative site or housing design or layout;
b. Increased on-site stormwater retention using native vegetation;
c. Retention of at least 60 percent of natural vegetation conditions over the site;
d. Improved on-site water quality beyond that required by current applicable regulations;
e. Retention or re-creation of predevelopment and/or natural hydrologic conditions to the maximum extent possible;
8. The adjustment does not allow density greater than what would otherwise be allowed under City regulations then in effect;
9. The adjustment does not present significantly greater maintenance requirements at facilities that will be eventually transferred to public ownership;
10. There shall be submitted in conjunction with each such project, covenants, conditions and restrictions which will be binding upon the property all necessary native growth protection easements, impervious surface restrictions and such other critical features as the Director may require.
C. Evaluation and Monitoring. The Director may require that applications for approval of a project pursuant to the terms of this section be accompanied by a proposed monitoring and evaluation process designed to measure the performance of specific elements addressed in the adjustments sought for the project. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.060 Construction – Timing.
A. Erosion and sediment control measures associated with both the interim and permanent site conditions shall be:
1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan;
2. Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and/or for the project are completed, and the potential for on-site erosion has passed.
B. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site shall be constructed and in operation. Recording of formal and administrative subdivisions may occur prior to the construction of drainage facilities when approved in writing by the Director only to minimize impacts that may result from construction during inappropriate times of the year. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.070 Construction – Required bonds and liability insurance.
A. The Public Works Engineering Department is authorized to require all persons constructing drainage facilities that are to be maintained by the City as provided for under IMC 13.28.080 to post with the Director cash and surety bonds to cover the cost of defects in materials, workmanship, and installation, and to correct maintenance deficiencies during the initial 2-year maintenance period following satisfactory completion of the facilities. Posting of such bonds shall be consistent with the City of Issaquah administrative policy for security deposits.
B. The person constructing the facility shall maintain a liability policy during the initial 2-year maintenance period, up until the point in time when the City assumes maintenance responsibilities (in accordance with IMC 13.28.080), with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage, and shall name the City of Issaquah as an additional insured. A copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance, and shall be provided to the City prior to commencement of the work. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.080 Maintenance – Drainage facilities accepted by the City for maintenance.
The City is authorized to assume the maintenance of drainage facilities after the expiration of the 2-year maintenance period in connection with the subdivision of land if:
A. All of the requirements of IMC 13.28.070 have been fully complied with;
B. The facilities, as designed and constructed, conform to the provisions of this chapter;
C. The facilities have been inspected and approved by the Department after their second year of operation;
D. All necessary easements or dedications entitling the City to properly access, operate, and maintain the facilities have been recorded with the King County Recorder’s Office, and a copy has been conveyed to the City;
E. A drainage facility, which does not meet the criteria of this section, shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.090 Maintenance – Drainage facilities not accepted by the City for maintenance.
A. The person or persons holding title to the property and the applicant required to construct a drainage facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance in accordance with IMC 13.28.080. For facilities approved but not accepted by the City, a copy of the operation and maintenance manual prepared in accordance with the approved permit for the facility shall be retained on site or within reasonable access to the site, and shall be transferred with the property to the new owner.
B. The City is authorized to inspect drainage facilities and issue orders requiring maintenance and/or repair in accordance with IMC 13.28.130. Failure to effect such maintenance and/or repairs constitutes a violation of this chapter, and the penalties provided in Chapter 1.36 IMC shall be enforced against the person or persons holding title to the subject property served by the drainage facility.
C. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.100 Maintenance – Minimum standards.
A. Maintenance Required. All drainage facilities shall be maintained in accordance with this chapter and the Surface Water Design Manual.
1. The Director shall establish inspection, scheduling, standards and compliance procedures for maintenance of all drainage facilities.
2. Maintenance shall include removal of debris, sediment and vegetation, facility repairs or improvements, and other activities that are needed to ensure continued performance of the stormwater facility at a level commensurate with the original approved facility design. Maintenance standards for drainage facilities shall conform to the operation and maintenance plan contained in the Surface Water Design Manual.
3. The Director may develop additional maintenance requirements as necessary to comply with new Federal or State regulatory programs.
B. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall follow all applicable Federal, State and local regulations. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.115 Best management practices for pollution source control.
A. BMP Requirements.
1. The SPP Manual provides information on source control pollution prevention best management practices (BMPs) for commercial, industrial, multifamily residential, single-family residential, and public sites that shall be implemented in accordance with this chapter to reduce the contamination of stormwater, surface water, and groundwater.
2. All proposals for new development and redevelopment shall include source control pollution prevention BMPs as required by the Surface Water Design Manual and the SPP Manual.
3. In applying the SPP Manual to prohibited discharges from normal single-family residential activities, the Director shall use public education and technical assistance as the primary method of gaining compliance with this chapter. Enforcement action will be used if the Director determines:
a. The discharge from a normal single-family residential activity, whether singly or in combination with other discharges, is causing a significant contribution of contaminants to surface and stormwater or groundwater; or
b. The discharge from a normal single-family residential activity poses a hazard to the public health, safety or welfare, endangers any property or adversely affects the safety and operation of City right-of-way, utilities, or other City-owned or maintained property.
4. In applying the SPP Manual to prohibited discharges from existing commercial, industrial, multifamily and public sites, the Director shall use public education and technical assistance as the primary method of gaining compliance with this chapter, unless the prohibited discharge is the result of a willful violation. Failure to comply shall result in enforcement action in accordance with Chapter 1.36 IMC.
B. Exemptions.
1. Persons implementing BMPs through another approved Federal, State, or local program will not be required to implement the BMPs prescribed in the SPP Manual, unless the Director determines that the other program’s BMPs are ineffective at minimizing the discharge of contaminants. If the other program requires the development of a stormwater pollution prevention plan, the person shall make their plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons who:
a. Have obtained and are complying with a general or individual permit under the NPDES Stormwater Permit Program from the Washington State Department of Ecology;
b. Are a public facility implementing BMPs in compliance with the stormwater management program of a NPDES municipal stormwater permit;
c. Are voluntarily implementing other BMPs, which are equivalent measures, methods, or practices to the BMPs in the SPP Manual. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.120 Hazards.
Whenever the Director determines that any existing construction site, erosion and sedimentation problem, developed parcel with runoff containing contaminants, and/or drainage facility poses a hazard to life and limb, endangers any property, endangers the health of aquatic life and/or habitat, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of public right-of-way, utilities, waters of the State, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to IMC 13.28.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take the measures necessary to eliminate the hazardous situation; provided, that the Director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to IMC 13.28.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.130 Administration.
A. Administration.
1. Director. The Director shall administer this chapter and shall be referred to as the Director. The Director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.
2. Review and Approval. The Director may approve, conditionally approve, or deny an application for activities regulated by this chapter.
B. Inspections.
1. Authority. The Director is authorized to gain access to private property, make such inspections of drainage facilities, and take such actions as may be required to enforce the provisions of this chapter.
2. Procedures for Entry to Private Property. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities or whenever the Director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the Director may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the Director by this chapter; provided, that if such premises or portion thereof is occupied, the Director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof, and has reason to believe the condition of the stormwater system creates an imminent hazard, the inspector may enter.
3. Property Owner’s Responsibility to Provide and Maintain Access to Drainage Facilities. Proper ingress and egress to any drainage facility shall be provided to the Director to inspect, monitor or perform any duty imposed upon the Director by this chapter. The Director shall notify the responsible person in writing of failure to comply with this access requirement. Failure to maintain and provide proper ingress and egress to drainage facilities shall result in enforcement action in accordance with IMC 13.28.135.
C. Orders.
1. Authority. The Director is authorized to issue to an owner or persons representing an owner an order to maintain or repair a drainage facility to bring it into compliance with this chapter.
2. Procedure. The order shall include:
a. A description of the specific maintenance or repair needed to bring the drainage facility into compliance with this chapter;
b. A reasonable time to comply, depending on the circumstances;
c. Penalties that may be incurred by any owner of a drainage facility not in compliance with this chapter; and
d. Any required structural repairs to a drainage facility are subject to approval by the Director. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.135 Enforcement.
The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
A. Civil Remedies. Any work or other activities which are within the authority of this chapter performed without a permit or in violation of any lawful order or requirement of the Public Works Director is deemed to be a public nuisance and may be abated in a manner prescribed by the Permit Authority. Injunction proceedings or other appropriate action may be initiated in a court of competent jurisdiction against any person who violates or fails to comply with the provisions of this chapter in order to prevent, enjoin, abate or terminate violations of this chapter or to restore the property to its original conditions, as nearly as practicable.
B. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the Director shall be subject to the civil and criminal penalties provided in Chapter 1.36 IMC, Code Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.
C. In addition, any person convicted of a violation(s) of this chapter shall be required to abate any conditions on the subject property in a manner which will achieve full compliance with this chapter and restore any property to its original condition, as nearly as practicable.
D. Reinspection Fees. In addition to criminal and civil penalties, the Director may impose a reinspection fee for any account or storm drainage facility found not to be in compliance of this chapter. The inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000. Formerly 13.28.130(E)).
13.28.140 Appeals.
The final decision of the development permit under which drainage review is required in accordance with IMC 13.28.030, including the specific requirements and conditions of this chapter, is appealable. Guidelines and procedures for such appeals shall follow the appeal process contained in Chapter 18.04 IMC, Procedures. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
13.28.150 Severability.
If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).
Code reviser’s note: Ord. 2625, Section 3, states that a copy of the 2011 City of Issaquah Addendum to the 2009 King County Surface Water Design Manual is attached to Ord. 2625 as Exhibit A and incorporated by reference as if set forth in full.