Chapter 13.108
STORMWATER MAINTENANCE

Sections:

Article I. Findings of Fact, Need and Purpose

13.108.010    Findings of fact.

13.108.020    Need.

13.108.030    Purpose.

Article II. Definitions

13.108.040    Application.

Article III. General Provisions

13.108.050    Abrogation and greater restrictions.

13.108.060    Interpretation.

Article IV. Applicability

13.108.070    Conflict.

Article V. General Requirements

13.108.080    Inspection and maintenance required.

13.108.090    Minimum standards.

13.108.100    Disposal of waste from maintenance activities.

13.108.110    Compliance.

Article VI. Administration

13.108.120    Director.

13.108.130    Inspection program authority.

13.108.140    Enforcement authority.

Article VII. Inspection Program

13.108.150    Inspection authorization.

13.108.160    Inspection procedures.

13.108.170    Inspection schedule.

13.108.180    Inspection and maintenance records.

13.108.190    Public reporting requirements.

Article VIII. Enforcement

13.108.200    General.

13.108.210    Orders.

13.108.220    Civil penalty.

13.108.230    Penalties due.

13.108.240    Penalties recovered.

Article I. Findings of Fact, Need and Purpose

13.108.010 Findings of fact.

City council of the city hereby finds that:

A. Stormwater facilities are a common feature of urban development.

B. Stormwater facilities must be regularly inspected and maintained to function properly and perform as designed.

C. If not adequately maintained, stormwater facilities can become sources of pollutants to surface water and ground water and cause considerable damage. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 1.1)

13.108.020 Need.

The city council finds that this chapter is necessary to ensure maintenance of all stormwater facilities within the city by setting minimum standards for the inspection and ongoing maintenance of stormwater facilities. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 1.2)

13.108.030 Purpose.

The provisions of this chapter are intended to:

A. Provide for inspection and maintenance of stormwater facilities in the city to provide for an effective, functional stormwater drainage system.

B. Authorize the director to require that stormwater facilities be inspected, maintained and repaired in conformance with this chapter.

C. Establish the minimum level of compliance that must be met.

D. Guide and advise all who conduct inspection and maintenance of stormwater facilities. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 1.3)

Article II. Definitions

13.108.040 Application.

For the purposes of this chapter, the following definitions apply:

A. A Definitions. Reserved.

B. B Definitions.

“Best management practice” or “BMP” means the schedule of activities, prohibition of practices, maintenance procedures, and structural, and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. BMPs are listed and described in the manual and in guidance materials from the city.

C. C Definitions. Reserved.

D. D Definitions.

“Director” means the public works director or a designee.

E. E Definitions. Reserved.

F. F Definitions. Reserved.

G. G Definitions. Reserved.

H. H Definitions. Reserved.

I. I Definitions.

“Inspection” means the examination and reporting of the condition of stormwater facilities according to criteria established by the city.

“Inspector” means a city employee or a qualified private contractor trained in stormwater facility O&M and authorized by the director to perform the duties of an inspector as described in this chapter.

J. J Definitions. Reserved.

K. K Definitions. Reserved.

L. L Definitions. Reserved.

M. M Definitions.

“Maintenance” means actions intended to prolong the effective utilization of a stormwater facility.

N. N Definitions. Reserved.

O. O Definitions. Reserved.

P. P Definitions.

“Person” means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, agency of the state, or local government unit, however designated.

Q. Q Definitions. Reserved.

R. R Definitions. Reserved.

S. S Definitions.

“Stormwater” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes and other features into a defined surface water body, or a constructed infiltration facility.

“Stormwater drainage system” means constructed and natural features that function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater.

“Stormwater facility” or “facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catch basins, oil/water separators, permeable pavements, biofiltration swales and bioretention systems. Stormwater facilities that control flow and treat runoff are also known as BMPs.

“Stormwater management manual” or “manual” means the stormwater design, management, and maintenance guidance manual named in SMC 13.104.100.

T. T Definitions. Reserved.

U. U Definitions. Reserved.

V. V Definitions. Reserved.

W. W Definitions. Reserved.

X. X Definitions. Reserved.

Y. Y Definitions. Reserved.

Z. Z Definitions. Reserved. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 2)

Article III. General Provisions

13.108.050 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provisions of this chapter prevail. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 3.1)

13.108.060 Interpretation.

The provisions of this chapter represent the minimum requirements necessary and will be liberally construed in their interpretation and application to serve the purposes of this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 3.2)

Article IV. Applicability

13.108.070 Conflict.

When any provision of any other city ordinance conflicts with this chapter, that which provides more environmental protection applies unless specifically provided otherwise in this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 4)

Article V. General Requirements

13.108.080 Inspection and maintenance required.

All stormwater facilities shall be inspected and maintained by the property owner in accordance with this chapter and the manual. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 5.1)

13.108.090 Minimum standards.

The following are the minimum standards for the inspection and maintenance of stormwater facilities:

A. Facilities shall be inspected regularly and cleared of debris, sediment and vegetation to ensure the functioning and/or design capacity of the facility.

B. Vegetated stormwater facilities shall be inspected regularly and mowed or replanted during the growing season as necessary. Clippings are to be removed and properly disposed of.

C. Where lack of maintenance is causing or contributing to a water quality or flooding problem, immediate action must be taken to correct the problem. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 5.2)

13.108.100 Disposal of waste from maintenance activities.

Disposal of waste from maintenance activities must be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, and where appropriate, the dangerous waste regulations, Chapter 173-303 WAC. Guidance on managing waste materials from stormwater maintenance activities is found in the manual. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 5.3)

13.108.110 Compliance.

Property owners are responsible for the inspection, maintenance, operation and repair of stormwater drainage systems and BMPs. Property owners must inspect and maintain, operate and repair these facilities in compliance with the requirements of this chapter and the manual. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 5.4)

Article VI. Administration

13.108.120 Director.

The director shall administer this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 6.1)

13.108.130 Inspection program authority.

The director has the authority to develop an inspection program for stormwater facilities in the city. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 6.2)

13.108.140 Enforcement authority.

The director has the authority to develop and implement administrative procedures to administer and enforce this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 6.3)

Article VII. Inspection Program

13.108.150 Inspection authorization.

Whenever implementing the provisions of the inspection program or whenever there is cause to believe that a violation of this chapter has been or is being committed, the inspector is authorized to inspect, during regular working hours and at other reasonable times, all stormwater drainage systems within the city to determine compliance with the provisions of this chapter. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 7.1)

13.108.160 Inspection procedures.

Prior to making any inspections, the inspector shall present identification credentials, state the reason for the inspection, and request entry.

A. If the property, or any building or structure on the property, is unoccupied, the inspector 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.

B. If, after reasonable effort, the inspector 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 stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

C. Unless entry is consented to by the owner or person(s) in control of the property or portion of the property, or unless conditions are reasonably believed to exist that create imminent hazard, the inspector shall obtain a search warrant prior to entry, as authorized by the laws of the state of Washington.

D. The inspector may inspect the stormwater drainage system without obtaining a search warrant provided for in subsection C of this section; provided the inspection can be conducted while remaining on the public property or other property on which permission to enter is obtained. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 7.2)

13.108.170 Inspection schedule.

The director is authorized to establish an inspection, maintenance and reporting schedule for stormwater facilities critical to the efficient management of runoff in the city. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 7.3)

13.108.180 Inspection and maintenance records.

Property owners of stormwater facilities critical to the efficient management of runoff in the city must submit records to the public works department including but not limited to the following records, to the extent possible:

A. As-built plans and locations.

B. Findings of fact granted by the city.

C. Operation and maintenance requirements and records of inspections, maintenance actions and frequencies.

D. Engineering reports, as appropriate. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 7.4)

13.108.190 Public reporting requirements.

The director will report as necessary to the city council about the status of the inspections. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 7.5)

Article VIII. Enforcement

13.108.200 General.

Enforcement action will be taken in accordance with SMC 1.13 – Code Enforcement whenever a person has violated any provision of this chapter. The choice of enforcement action taken and the severity of any penalty will be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the persons subject to the enforcement action. (Ord. 2019-013 (Exh. B); Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 8.1)

13.108.210 Orders.

The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this chapter, the manual and/or city regulations. The order shall include:

A. A description of the specific nature, extent and observed time of the violation and the damage or potential damage that reasonably might occur;

B. A notice that the violation, or the potential violation, cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

C. A reasonable time to comply, depending on the circumstances. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 8.2)

13.108.220 Civil penalty.

A. A person who fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued is subject to the provisions and penalties as set forth in Chapter 1.13 SMC.

B. Aiding or Abetting. Any person who, through an act of commission or omission, aids or abets in the violation is considered to have committed a violation for the purposes of the civil penalty. (Ord. 2019-013 (Exh. B); Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 8.3)

13.108.230 Penalties due.

Penalties imposed under this section shall become due and payable 30 days after receiving notice of penalty, unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed is not paid within the time specified in this section, the city may take actions necessary to recover such penalty. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 8.4)

13.108.240 Penalties recovered.

Penalties recovered shall be paid to a fund dedicated to enforcement and/or enhancement of the stormwater management program. (Ord. 2017-002 § 1 (Exh. A); Ord. 95-004 § 8.5)