Chapter 15.52
SURFACE WATER MANAGEMENT

Sections:

Article I. Surface Water Utility Purpose and Responsibilities

15.52.010    Surface water utility created—Responsibilities.

15.52.020    Purpose.

15.52.030    Comprehensive drainage and storm sewer plan.

15.52.040    Work contracted out.

Article II. Requirements for Development Activities

15.52.050    Applicability—Drainage review required.

15.52.060    Design and construction standards and requirements.

15.52.070    City acceptance of new flow control facilities, flow control BMPs and/or water quality facilities.

15.52.080    Bonds.

Article III. Water Quality and Flood Protection

15.52.090    Illicit discharges and connections.

15.52.100    Source control best management practices.

15.52.110    Water quality standards.

15.52.120    Operation and maintenance of drainage facilities.

Article IV. Inspection and Enforcement

15.52.130    Inspection and sampling.

15.52.140    Enforcement, violations and penalties.

15.52.150    Conflicts.

15.52.160    Severability.

Article I. Surface Water Utility Purpose
and Responsibilities

15.52.010 Surface water utility created—Responsibilities.

There is hereby created and established, pursuant to Chapters 35A.80 and 35.67 RCW, a storm and surface water utility to be known as the “Kirkland surface water utility.” All references to “the utility” in this chapter refer to the Kirkland surface water utility. The utility will have primary authority and responsibility for carrying out the city’s comprehensive drainage and storm sewer plan, including responsibilities for planning, design, construction, use, maintenance, inspection, administration, and operation of all city storm and surface water facilities; establishing standards for design, construction, and maintenance of improvements on private property where these might affect storm and surface water management; and to establish programs and regulations to assure the quality of the water in such systems, to minimize the chance of flooding, and to provide for the enforcement of the provisions of this code. The director of public works shall be the administrator of the utility. The administrator of the utility shall formulate and propose to the city council for adoption by ordinance a system of rates and charges for services of the utility. To the extent required by law, rates charged shall be uniform for the same class of customers or services. (Ord. 3711 § 4 (part), 1999)

15.52.020 Purpose.

The city council finds that this chapter is necessary to promote sound development policies and construction procedures which respect and preserve the city’s watercourses; to minimize water quality degradation and control of sedimentation of creeks, streams, ponds, lakes, and other water bodies; to protect the life, health, and property of the general public; to preserve and enhance the suitability of waters for contact recreation and fish habitat; to preserve and enhance the aesthetic quality of the waters; to maintain and protect valuable ground water quantities, locations, and flow patterns; to insure the safety of city roads and rights-of-way; and to decrease drainage-related damages to public and private property. (Ord. 3711 § 4 (part), 1999)

15.52.030 Comprehensive drainage and storm sewer plan.

A comprehensive drainage and storm sewer plan shall be developed by the city for review and adoption by the city council. Such a plan may include basin-specific or citywide recommendations for regulations, procedures, and programs. Such regulations, procedures and programs may include but are not limited to capital projects, public education and enforcement activities, operation and maintenance of city storm and surface water facilities, and land use management regulations to be recommended for adoption by ordinance for managing surface and storm water management facilities. Once adopted by the city council, elements of the comprehensive drainage and storm sewer plan pertaining to new development and redevelopment projects shall be incorporated into the pre-approved plans. (Ord. 4538 § 8, 2016: Ord. 3711 § 4 (part), 1999)

15.52.040 Work contracted out.

The director of public works may arrange to have work that would be done by the utility performed by a private party or contracted out when it is determined that it would be economically beneficial to do so. (Ord. 3711 § 4 (part), 1999)

Article II. Requirements for Development Activities

15.52.050 Applicability—Drainage review required.

(a)    Drainage review is required when any proposed project is subject to a city of Kirkland development permit or approval and:

(1)    Would result in five hundred square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or

(2)    Would involve seven thousand square feet or more of land disturbing activity; or

(3)    Would construct or modify a drainage pipe or ditch that is twelve inches or more in size or depth or receives storm water runoff or surface water from a drainage pipe or ditch that is twelve inches or more in size and depth; or

(4)    Contains or is adjacent to a frequently flooded area as defined in KZC 90.100; or

(5)    Is located within a sensitive area; or

(6)    Is a redevelopment project proposing one hundred thousand dollars or more of improvements to an existing high-use site.

(b)    The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development, and potential for storm water impacts to surface water and groundwater. The public works director or designee will determine which one of the following drainage reviews as specified in the pre-approved plans applies:

(1)    Basic drainage review;

(2)    Simplified drainage review;

(3)    Targeted drainage review;

(4)    Full drainage review. (Ord. 4538 § 9, 2016: Ord. 3711 § 4 (part), 1999)

15.52.060 Design and construction standards and requirements.

(a)    The design and construction standards and requirements shall meet or exceed the thresholds, definitions, minimum requirements, and exceptions/variances criteria found in Appendix I of the Western Washington Phase II Municipal Stormwater Permit. To meet these criteria, the following are adopted:

(1)    The 2016 King County Surface Water Design Manual;

(2)    The 2016 King County Stormwater Pollution Prevention Manual;

(3)    The city’s pre-approved plans and policies which include the City of Kirkland Addendum to the 2016 King County Surface Water Design Manual as presently written or hereafter amended.

(b)    Unless otherwise provided, it shall be the developer’s and property owner’s responsibility to design, construct, and maintain a system which complies with the standards and minimum requirements as set forth in the pre-approved plans.

(c)    In addition to providing drainage facilities as required in this section and as outlined in the pre-approved plans, the developer, property owner, and/or business owner/operator shall provide source control best management practices as described in the 2016 King County Stormwater Pollution Prevention Manual, such as structures and/or a manual of practices designed to treat or prevent storm water pollution arising from specific activities expected to occur on the site. Examples of such specific activities include, but are not limited to, carwashing at multifamily residential sites and oil storage at auto repair businesses.

(d)    The city will inspect all permanent drainage facilities prior to final approval of the relevant permit. All facilities must be clean and fully operational before the city will grant final approval of the permit. A performance bond may not be used to obtain final approval of the permit prior to completing the drainage facilities required under this chapter.

(e)    Prior to final approval of the drainage facilities, the property owner of all drainage facilities shall submit an irrevocable license to enter the property for the purposes of inspection. The following language must be included in the irrevocable license to enter:

(1)    A statement that the property owner is to be responsible for the maintenance of drainage facilities on the property;

(2)    A statement granting the public works director or designee the right to enter the property for the purposes of inspecting the drainage facilities; and

(3)    A statement that the public works director shall have the authority to order repair or cleaning of the drainage facilities if the owner does not take action to conduct this work or if the site poses a threat to public health and safety.

(f)    Adjustment Process. Any developer proposing to adjust the requirements for, or alter design of, a system required as set forth in the pre-approved plans must follow the adjustment process as set forth in the pre-approved plans.

(g)    Other Permits and Requirements. It is recognized that other city, county, state, and federal permits may be required for the proposed action. Further, compliance with the provisions of this chapter when developing and/or improving land may not constitute compliance with these other jurisdictions’ requirements. To the extent required by law, these other requirements must be met. (Ord. 4538 § 10, 2016: Ord. 4351 § 1, 2012: Ord. 4214 § 1, 2009: Ord. 3711 § 4 (part), 1999)

15.52.070 City acceptance of new flow control facilities, flow control BMPs and/or water quality facilities.

(a)    City Acceptance of New Residential Flow Control and/or Water Quality Facilities. The city will release the maintenance bond and accept for maintenance new residential flow control and/or water quality facilities constructed under an accepted permit as noted in Section 15.52.050 that meet the following conditions:

(1)    An inspection by the public works director or designee has determined that the flow control and/or water quality facilities are functioning as designed;

(2)    The flow control and/or water quality facilities have had at least two years of satisfactory operation and maintenance;

(3)    The flow control and/or water quality facilities, as designed and constructed, conform to the provisions of the chapter;

(4)    All easements and tract dedications required by this chapter, entitling the city to properly access, operate and maintain the subject flow control and/or water quality facility, have been recorded with the King County recorder’s office, and a copy has been conveyed to the city;

(5)    Agreements between the property owner and maintenance contractor, if required, have been submitted to and approved by the city;

(6)    For nonstandard flow control and water quality facilities, an operation and maintenance manual, including a schedule detailing the suggested seasonal timing and frequency of maintenance, has been submitted to and accepted by the city;

(7)    A complete and accurate set of reproducible plans as described in the pre-approved plans has been received and accepted by the city.

(b)    City Acceptance of New Residential Flow Control BMPs. The city will accept for maintenance new residential flow control BMPs constructed under an accepted permit as listed in Section 15.52.050 that meet the following conditions:

(1)    The flow control BMPs are located within an easement or tract dedicated to the city or within a public right-of-way;

(2)    An inspection by the public works director or designee has determined that the flow control BMPs are functioning as designed;

(3)    The flow control BMPs have had at least two years of satisfactory operation and maintenance;

(4)    The flow control BMPs, as designed and constructed, conform to the provisions of this chapter;

(5)    For nonstandard flow control BMPs, an operation and maintenance manual, including a schedule detailing the suggested seasonal timing and frequency of maintenance, has been submitted to and accepted by the city;

(6)    A complete and accurate set of reproducible plans as described in the pre-approved plans has been received and accepted by the city;

(7)    The city’s maintenance of the flow control BMPs will be limited to their functionality. All other maintenance shall remain the responsibility of the adjacent owners. (Ord. 4538 § 11, 2016: Ord. 4491 § 11 (part), 2015; Ord. 3711 § 4 (part), 1999)

15.52.080 Bonds.

(a)    Prior to commencing construction on any project required to conduct a drainage review per Section 15.52.050, the applicant must post a performance bond using the same procedures as provided in Chapter 175 KZC. The nature of the bond must permit the city to obtain the proceeds of the bond immediately upon request.

(1)    The bond must be in an amount sufficient to cover the cost of corrective work on or off the site performed specifically for the given project. Before the city releases the bond, the applicant must do the following:

(A)    Construct drainage facilities required per the development permit;

(B)    Receive final approval of the drainage facilities from the city of Kirkland; and

(C)    Pay all required fees.

(2)    All applicants shall post a maintenance bond using the same procedures as provided in Chapter 175 KZC to ensure maintenance of installed drainage facilities for two years from the date of final approval of the drainage facilities. Before the city will release the bond, the drainage facilities must meet the requirements of Section 15.52.070. (Ord. 4538 § 12, 2016: Ord. 3711 § 4 (part), 1999)

Article III. Water Quality and Flood Protection

15.52.090 Illicit discharges and connections.

(a)    Prohibition of Illicit 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 drain system and/or surface and ground waters any materials other than storm water. Illicit discharges are prohibited and constitute a violation of this chapter. 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 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 illicit discharges for the purposes of this chapter unless the public works director or designee 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 ground water:

(1)    Diverted stream flows.

(2)    Rising ground waters.

(3)    Uncontaminated ground water infiltration – as defined in 40 CFR 35.2005(b)(20).

(4)    Uncontaminated pumped ground water.

(5)    Foundation drains.

(6)    Air conditioning condensation.

(7)    Irrigation water from agricultural sources that is commingled with urban storm water.

(8)    Springs.

(9)    Uncontaminated water from crawl space pumps.

(10)    Footing drains.

(11)    Flows from riparian habitats and wetlands.

(12)    Discharges from emergency fire fighting activities in accordance with S2 Authorized Discharges.

(13)    Non-storm water discharges authorized by another NPDES or state waste discharge permit.

(c)    Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter if they meet the stated conditions, or unless the public works director or designee 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 ground water:

(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 total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system.

(2)    Lawn watering and other irrigation runoff are permitted but shall be minimized.

(3)    Dechlorinated swimming pool, spa and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, and reoxygenized if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the storm water system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the municipal separate storm sewer system (“MS4”), as defined in the most recent version of the Western Washington Phase II Municipal Stormwater Permit.

(4)    Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street.

(5)    Non-storm water discharges covered by another 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.

(d)    Failure to Remove Pollutants from Private System. It shall be a violation of this chapter for any person who commits an illicit or conditional discharge in violation of this section to fail to remove the pollutants from a private system that enters the municipal storm system and/or surface and ground waters. In addition, it shall be a violation of this chapter for any property owner on whose property an illicit or conditional discharge occurs to fail to remove the pollutants from a private system that enters the municipal storm system.

(e)    Prohibition of Illicit Connections.

(1)    The construction, use, maintenance, or continued existence of illicit connections to the storm drain system are prohibited and constitute a violation of this chapter.

(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 section if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.

(f)    Implementation of structural BMPs shall be required if operational BMPs are not effective at reducing or eliminating an illicit discharge. Guidance for design of structural BMPs is provided in the 2016 King County Stormwater Pollution Prevention Manual, herein incorporated by reference. (Ord. 4666 § 3, 2018; Ord. 4538 § 13, 2016: Ord. 4518 § 1, 2016: Ord. 4200 § 19, 2009: Ord. 3711 § 4 (part), 1999)

15.52.100 Source control best management practices.

BMPs shall be applied to any business or residential activity that might discharge contaminants to a public drainage facility, natural drainage system, surface and storm water, or ground water. Contaminants shall be controlled by implementing appropriate source control BMPs, as described in the 2016 King County Stormwater Pollution Prevention Manual. Discharges associated with activities not addressed in the 2016 King County Stormwater Pollution Prevention Manual shall be controlled using BMPs reviewed and accepted by the city. Failure to implement such practices shall constitute a violation of this chapter. (Ord. 4666 § 4, 2018: Ord. 4538 § 14, 2016: Ord. 4200 § 20, 2009: Ord. 3711 § 4 (part), 1999)

15.52.110 Water quality standards.

The city of Kirkland hereby adopts by reference the water quality standards established under the authority of Chapter 90.48 RCW and contained within Chapter 173-201A WAC as presently written or hereafter amended. (Ord. 3711 § 4 (part), 1999)

15.52.120 Operation and maintenance of drainage facilities.

(a)     Standards for maintenance of drainage facilities existing on public or private property within the city of Kirkland are contained in Appendix A of the 2016 King County Surface Water Design Manual and the City of Kirkland Addendum to the 2016 King County Surface Water Design Manual. Any maintenance agreement submitted and approved by the city through the permit process shall supersede maintenance requirements contained in the 2016 King County Surface Water Design Manual and the City of Kirkland Addendum to the 2016 King County Surface Water Design Manual.

(b)    No person shall cause or permit any drainage facility on any public or private property to be obstructed, filled, graded, or used for disposal of debris. Any such activity constitutes a violation of this chapter.

(c)    Any modification of an existing drainage facility must be approved and permitted by the city. Failure to obtain permits and approvals or to violate conditions thereof for any such alteration constitutes a violation of this chapter.

(d)    The city will maintain all drainage facilities beginning at the first catch-basin within the public right-of-way, and in easements or tracts dedicated to and accepted by the city. All other drainage facilities, including, but not limited to, residential or nonresidential flow control facilities, flow control BMPs and/or water quality facilities and roof downspout drains and driveway drains serving single-family residences, shall be maintained by the property owner.

(e)    Maintenance of Residential or Nonresidential Drainage Facilities by Owners.

(1)    Any person or persons holding title to a residential or nonresidential property containing drainage facilities shall be responsible for the continual operation, maintenance, and repair of said drainage facilities in accordance with the criteria set forth in Appendix A of the 2016 King County Surface Water Design Manual and the City of Kirkland Addendum to the 2016 King County Surface Water Design Manual.

(2)    For residential or nonresidential drainage facilities, failure to meet the maintenance requirements specified in Appendix A of the 2016 King

County Surface Water Design Manual and the City of Kirkland Addendum to the 2016 King County Surface Water Design Manual constitutes a violation of this chapter, and shall be enforced against the owner(s) of the subject property.

(f)    City Acceptance of Existing Residential Drainage Facilities. The city may accept for maintenance those drainage facilities serving residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:

(1)    The drainage facilities serve more than one individual house or property;

(2)    An inspection by the public works director or designee has determined that the drainage facilities are functioning as designed;

(3)    The drainage facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the public works director;

(4)    An inspection by the public works director or designee has determined that the drainage facilities are accessible for maintenance using existing city equipment;

(5)    The person or persons holding title to the properties served by the drainage facilities must submit a petition containing the signatures of the title holders of more than fifty percent of the lots served by the drainage facilities requesting that the city maintain the drainage facilities;

(6)    All easements entitling the city to properly access, operate and maintain the subject drainage facilities have been conveyed to the city and have been recorded with the King County recorder’s office;

(7)    The person or persons holding title to the properties served by the drainage facilities shows proof of the correction of any defects in the drainage facilities, including provision of maintenance access, as required by the public works director.

(g)    Disposal of waste from maintenance activities shall be conducted in accordance with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC; guidelines published by the Washington State Department of Ecology for disposal of waste materials from storm water maintenance activities; and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. (Ord. 4538 § 15, 2016: Ord. 4491 § 11 (part), 2015; Ord. 4214 § 2, 2009: Ord. 3711 § 4 (part), 1999)

Article IV. Inspection and Enforcement

15.52.130 Inspection and sampling.

(a)    Inspections for compliance with the provisions of this chapter shall be allowed as follows:

(1)    Construction and Development Inspection. The public works director or designee shall have the right to enter onto the property of any site for which a development permit has been issued, during regular business hours, or at any other time reasonable in the circumstances, for the purpose of review of erosion control practices and drainage facilities, and to insure compliance with the terms of such permit. Inspection procedures shall be as outlined in subsection (b) of this section.

(2)    Inspection for Cause. Whenever there is cause to believe that a violation of this chapter has been or is being committed, the public works director or designee shall have the right to enter the property to inspect the property during regular business hours, and at any other time reasonable in the circumstances. Inspection procedures shall be as outlined in subsection (b) of this section.

(3)    Inspection for Maintenance and Source Control Best Management Practices. The public works director or designee shall have the right to enter the property to inspect drainage facilities in order to ensure continued functioning of the drainage facilities for the purposes for which they were constructed, and to ensure that maintenance is being performed in accordance with the standards of this chapter and any maintenance schedule adopted during the plan review process for the property. The public works director or designee also may enter the site for the purposes of observing source control best management practices. The property owner or other person in control of the site shall allow any authorized representative of the public works director or designee access during regular business hours, or at any other time reasonable in the circumstances, for the purpose of inspection, sampling, and records examination.

(b)    Inspection Procedure. Prior to making any inspections, the public works director or designee shall present identification credentials, state the reason for the inspection and request entry of the owner or other person having charge or control of the property, if available, or as provided below.

(1)    If the property or any building or structure on the property is unoccupied, the public works director or designee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

(2)    If, after reasonable effort, the public works director or designee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the drainage facilities creates an imminent hazard to persons or property, the inspector may enter.

(c)    Water sampling and analysis for determination of compliance with this chapter shall be allowed as follows:

(1)    Sample Collection. When the public works director or designee has reason to believe that a violation exists or is occurring on a property, the public works director shall have the authority to set up on the site such devices as are necessary to conduct sampling, inspection, compliance monitoring, or flow measuring operations.

(2)    Sample Analysis. Analysis of samples collected during investigation of potential violations shall be analyzed by a laboratory certified by the State Department of Ecology as competent to perform the required analysis using standard practices and procedures.

(3)    Cost of Sample Collection and Analysis. If it is determined that a violation of this chapter exists on the site, the owner of the property shall pay the city’s actual costs for collecting samples and for laboratory analysis of those samples. If it is found that a violation does not exist, the city will pay such charges. (Ord. 4538 § 16, 2016: Ord. 3711 § 4 (part), 1999)

15.52.140 Enforcement, violations and penalties.

Enforcement of violations of this chapter shall be conducted pursuant to Chapter 1.12. (Ord. 4280 § 5, 2011)

15.52.150 Conflicts.

If any provisions of any other chapter of the Kirkland Municipal Code, including the Zoning Code (Title 23 of the Kirkland Municipal Code), conflict with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. (Ord. 3711 § 4 (part), 1999)

15.52.160 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 if allowed shall not be affected. (Ord. 3711 § 4 (part), 1999)