Chapter 13.10 SURFACE WATER MANAGEMENT

“Adjustment” means a department approved variation in the application of the requirements of BMC 13.10.140 and the Surface Water Design Manual to a particular project in accordance with BMC 13.10.140(3). “Adjustment” replaces “variance,” which was used in prior editions of the Surface Water Design Manual.

“AKART” means all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010 and 90.48.520.

“Applicant” means a property owner or a public agency or public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such an easement under 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.

“Basin” means a geographic area that contains and drains to a stream or river named and noted on common maps, such as Miller Creek, Salmon Creek, or Walker Creek, or a geographic area that drains to a non-flowing water body named and noted on common maps, such as Lake Burien or Puget Sound.

“Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, capital projects, public education activities and land use management adopted by ordinance for managing surface water and stormwater within the basin.

“Best management practice” or “BMP” means any schedule of activities, prohibition of practices, maintenance procedure, or structural and/or managerial practice approved by the city that, when used singly or in combination, prevents or reduces the release of pollutants and other adverse impacts to surface water, stormwater and groundwater.

“City” means the city of Burien.

“Clean Water Act” means 33 U.S.C. 1251 et seq., as amended.

“Clearing” means the topping, cutting, killing, grubbing, or removing of vegetation or other organic material by physical, mechanical, chemical or any other similar means.

“Closed depression” means an area greater than 5,000 square feet at the overflow elevation that is low-lying and that has no or such a limited surface water outlet that the area acts as a stormwater retention facility.

“Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch, for purposes other than maintenance, that either serves to concentrate previously unconcentrated surface water or stormwater runoff or serves to increase, decrease or redirect the conveyance of surface water or stormwater runoff. “Construct or modify” does not include installation or maintenance of a driveway culvert installed as part of a single-family residential building permit.

“Construction stormwater pollution prevention BMP” means a control or measure that prevents or reduces the discharge of pollutants and sediments resulting from construction activities.

“Conveyance system” means the drainage facilities and features, both natural and constructed, that provide for the collection and transport of surface water or stormwater runoff. 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, catch basins, channels and most flow control and water quality facilities.

“Department” means the department of public works.

“Developed parcel” means any parcel altered from the natural state by the construction, creation or addition of impervious surfaces.

“Development” means any activity that requires a permit or approval, including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development permit or right-of-way use permit. “Development” does not include forest management activities.

“Directed drainage review” means the drainage review for a proposed single-family residential project or agricultural project that is not subject to simplified or large project drainage review.

“Director” means the director of public works, or any duly authorized representative of the director.

“Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.

“Drainage” means the collection, conveyance, containment or discharge, or any combination thereof, of stormwater runoff or surface water.

“Drainage facility” means a constructed or engineered feature that collects, conveys, stores, treats or otherwise manages stormwater runoff or surface water. “Drainage facility” includes, but is not limited to, a constructed or engineered stream, lake, wetland or closed depression, pipe, channel, ditch, gutter, flow control facility, flow control BMP, water quality facility, erosion and sediment control facility and any other structure and appurtenance that provides for drainage.

“Drainage review” means an evaluation by city staff of a proposed project’s compliance with the drainage requirements in the Surface Water Design Manual and with all other applicable drainage requirements. The types of drainage review include: simplified drainage review, targeted drainage review, directed drainage review, full drainage review, and large project drainage review.

“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.

“Financial guarantee” means a form of financial security posted to do one or more of the following: ensure timely and proper completion of improvements; ensure compliance with the Burien Municipal Code; or provide secured warranty of materials, workmanship of improvements and design. “Financial guarantees” include assignments of funds, cash deposit, surety bonds or other forms of financial security acceptable to the director. “Performance guarantee,” “maintenance guarantee” and “defect guarantee” are considered subcategories of “financial guarantee.”

“Flow control BMP” means a small scale drainage facility or feature that is part of a development site strategy to use processes such as infiltration, dispersion, storage, evaporation, transpiration, forest retention and reduced impervious surface footprint to mimic pre-development hydrology and minimize stormwater runoff. “Flow control BMPs” include the methods and designs specified in the Surface Water Design Manual.

“Flow control facility” means a drainage facility designed in accordance with the drainage requirements in this chapter to mitigate the impacts of increased stormwater runoff generated by site development. A “flow control facility” is designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration or infiltration into the ground, or to hold runoff for a short period of time and then release it to the conveyance system.

“Full drainage review” means the evaluation required by this chapter for any proposed project, unless the project is subject to simplified drainage review, directed drainage review, targeted drainage review or large project drainage review, that:

(a) Would result in 2,000 square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface; or

(b) Would result in 7,000 square feet or more of land disturbing activity.

“Groundwater” means all water found in the soil and stratum beneath the land surface or beneath the bed of any surface water.

“High-use site” means the area of a commercial, industrial or road intersection site that generates a higher-than-average number of vehicle turnovers or has other characteristics that generate the potential for chronic oil accumulation. “High-use site” includes:

(a) The area of a commercial or industrial site subject to:

(i) An expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area;

(ii) Petroleum storage or transfer in excess of 1,500 gallons per year, not including routine heating oil storage or transfer at the end-user delivery; or

(iii) Use, storage or maintenance of a fleet of 25 or more diesel or jet fuel vehicles, each weighing over ten tons; or

(b) A road intersection 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.

“Historic site conditions” means those that existed on the site prior to any development in the Puget Sound region. For lands not currently submerged (i.e., outside the ordinary high water mark of a lake, wetland, or stream), historic site conditions shall be assumed to be forest cover unless reasonable, historic, site-specific information is provided to demonstrate a different vegetation cover.

“Hydraulically connected” means connected through surface flow or water features such as wetlands or lakes.

“Illicit connection” means any manmade conveyance that is connected to a municipal separate storm sewer without a permit, excluding roof drains and other similar types of connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system.

“Illicit discharge” means any direct or indirect non-stormwater discharge to the city’s storm drain system, except as expressly allowed by this chapter.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions before 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 that are paved, graveled or made of packed or oiled earthen materials, or other surfaces that similarly impede the natural infiltration of surface water and stormwater. For purposes of applying the impervious surface thresholds in this chapter, permeable pavement, vegetated roofs and underdrained pervious surfaces are considered “impervious surface,” while an open uncovered flow control or water quality facility is not.

“Improvement” means a permanent, human-made, physical change to land or real property including, but not limited to, buildings, streets, driveways, sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities and landscaping.

“Lake management plan” means a plan describing the lake management recommendations and requirements adopted by public rule for managing water quality within individual lake basins.

“Land disturbing activity” means an activity that results in a change in the existing soil cover, both vegetative and nonvegetative, and/or to the existing soil topography. “Land disturbing activity” includes, but is not limited to, demolition, construction, clearing, grading, filling, paving, excavation, and compaction. Compaction that is associated with the stabilization of structures and road construction shall also be considered “land disturbing activity.” “Land disturbing activity” does not include stormwater facility maintenance conducted according to established practices and procedures, vegetation maintenance practices such as gardening or landscaping maintenance, or tilling conducted as part of agricultural practices.

“Land use code” means restrictions on the type of development for a specific parcel of land as identified by records maintained by the King County department of assessments as modified or supplemented by information resulting from investigation by the division. Land use codes are preliminary indicators of the extent of impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific parcel.

“Large project drainage review” means the evaluation required by this chapter for any proposed project that:

(a) Would, at full buildout of the extent of project site, result in 50 acres or more of new impervious surface within a drainage subbasin or a number of subbasins hydraulically connected across subbasin boundaries; or

(b) Has a project site of 50 acres or more within a critical aquifer recharge area, as defined in BMC Title 19.

“Licensed civil engineer” means a person registered with the state of Washington as a professional engineer in civil engineering.

“Maintenance” means those usual activities taken to prevent a decline, lapse, or cessation in the use of currently serviceable structures, facilities (including without limitation drainage facilities), equipment, or systems, if there is no expansion of the structure, facilities, equipment, or system and there are no significant hydrologic impacts. “Maintenance” includes the repair or replacement of nonfunctional facilities or the replacement of existing structures with different types of structures, if the repair or replacement is required by one or more environmental permits or to meet current engineering standards, and the functioning characteristics of the original facility or structure are not changed.

“Master drainage plan” means a comprehensive drainage control plan required for projects subject to large project drainage review and intended to prevent significant adverse impacts to constructed drainage system, surface water and groundwater, both on site and off site.

“National Pollutant Discharge Elimination System” or “NPDES” means the national program for controlling pollutants from point source discharges directly into waters of the United States under the Clean Water Act.

“Native vegetated surface” means a surface in which the soil conditions, ground cover and species of vegetation are like those of the original native condition for the site, as more specifically set forth in the Surface Water Design Manual.

“Natural discharge location” means the location where runoff leaves the project site under existing site conditions as defined in the Surface Water Design Manual.

“New impervious surface” means the creation of impervious surface or the addition of a more compacted surface such as the paving of existing dirt or gravel.

“New pervious surface” means the conversion of a native vegetated surface or other native surface to a nonnative pervious surface, including, but not limited to, pasture land, grassland, cultivated land, lawn, landscaping or bare soil, or any alteration of existing nonnative pervious surface that results in increased stormwater runoff as defined in the Surface Water Design Manual.

“Non-stormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

“Open space” means any parcel, property or portion thereof classified for current use taxation under, or for which the development rights have been sold to, the city of Burien or King County. This definition includes lands which have been classified as open space, agricultural or timber lands under criteria contained in the appropriate city or county code, or Chapter 84.34 RCW.

“Parcel” means the smallest separately segregated unit or plot of land having an identified owner, the boundaries and surface area of which is documented for property tax purposes and given a tax lot number by the King County assessor.

“Person” means any individual, firm, company, association, corporation or governmental agency.

“Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in stormwater runoff. “Pollution-generating impervious surface” includes those surfaces subject to vehicular use, industrial activities, or storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or the run-on or blow-in of rainfall. 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. A roof with a vent that emits significant amounts of dusts, mists, or fumes from indoor manufacturing, industrial, or commercial activities is included. A vegetated roof that loses soil or is exposed to pesticides or fertilizers is also included.

“Pollution-generating pervious surface” means a nonimpervious surface considered to be a significant source of pollutants in stormwater runoff. “Pollution-generating pervious surfaces” include surfaces subject to vehicular use, industrial activities, storage of erodible or leachable materials, wastes or chemicals, and that receive direct rainfall or the run-on or blow-in of rainfall; or surfaces subject to the use of pesticides and fertilizers. “Pollution-generating pervious surface” includes, but is not limited to, the lawn and landscaped areas of a residential site, commercial site, industrial site or land use, golf course, park sports field, and standard grassed modular grid pavement.

“Premises” means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

“Program” means the surface water management program as set forth in this chapter.

“Project” means any proposed action to alter or develop a site that may also require drainage review.

“Project site” means the portion of a site and any off-site areas subject to proposed project activities, alterations and improvements, including those required by this chapter.

“Rate category” means the classification in this chapter given to a parcel in the service area based upon the type of land use on the parcel and the percentage of impervious surface area contained on the parcel.

“Redevelopment project” means a project that proposes to add, replace or modify impervious surface for purposes other than a residential subdivision or maintenance on a site that:

(a) Is already substantially developed in a manner that is consistent with its current zoning or with a legal nonconforming use; or

(b) Has an existing impervious surface coverage of 35 percent or more.

“Replaced impervious surface” means an existing impervious surface proposed to be removed and reestablished as impervious surface, excluding impervious surface removed for the sole purpose of installing utilities or performing maintenance. For structures, “removed” includes the removal of buildings down to the foundation. For other impervious surfaces, “removed” means the removal down to base course or bare soil. For purposes of this definition, “base course” means the layer of crushed rock that typically underlies an asphalt or concrete pavement.

“Residence” means a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term “residence” includes the term “residential” or “residential unit” as referring to the type of or intended use of a building or structure.

“Residential parcel” means any parcel which contains no more than three residences or three residential units which are within a single structure and is used primarily for residential purposes.

“Runoff” means that portion of water originating from rainfall and other precipitation that flows over the surface or just below the surface from where it fell and is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlands and shallow groundwater as well as on ground surfaces. For the purpose 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.

“Salmon conservation plan” means a plan and all implementing regulations and procedures including, but not limited to, land use management adopted by ordinance, capital projects, public education activities and enforcement programs for conservation and recovery of salmon within a water resource inventory area designated by the state under WAC 173-500-040.

“Service area” means the incorporated areas of the city of Burien.

“Shared facility” means a drainage facility designed to meet one or more of the requirements of BMC 13.10.140 for two or more separate projects contained within a basin. Shared facilities usually include shared financial commitments for those drainage facilities.

“Simplified drainage review” means the drainage review for a proposed standalone-clearing project or single-family residential project that:

(a) Would result in impervious and new pervious surface insufficient to require a flow control or water quality facility as specified in the Surface Water Design Manual; and

(b) Meets the simplified drainage requirements and BMPs specified in the Surface Water Design Manual, including flow control BMPs, construction stormwater pollution prevention BMPs, and drainage plan submittal requirements.

“Single-family residential project” means any project that (a) constructs or modifies a single-family dwelling unit, (b) makes improvements (e.g., driveways, roads, outbuildings, play courts, etc.) or clears native vegetation on a lot that contains or will contain a single-family dwelling unit, or (c) is a plat, short plat, or boundary line adjustment that creates or adjusts lots that will contain single-family dwelling units.

“Site” means a single parcel, or either two or more contiguous parcels that are under common ownership or documented legal control or a portion of single parcel under documented legal control separate from the remaining parcel, used as a single parcel for a proposed project for purposes of applying for authority from the city to carry out a proposed project. For projects located primarily within dedicated rights-of-way, “site” includes the entire width of right-of-way subject to improvements proposed by the project.

“Source control BMP” means a best management practice intended to prevent contaminants from entering surface water, stormwater, or groundwater including the modification of processes to eliminate the production or use of contaminants. “Source control BMPs” can be structural or nonstructural. Structural source control BMPs involve the construction of a physical structure on site, or other type of physical modification to a site. An example of a structural source control BMP is building a covered storage area. A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices. Examples of nonstructural source control BMPs are using less toxic alternatives to current products and sweeping parking lots.

“Stormwater” means the water produced during precipitation or snowmelt, which runs off, soaks into the ground or is dissipated into the atmosphere. Stormwater that runs off or soaks into the ground ultimately becomes surface water or groundwater.

“Stormwater compliance plan” means a plan or study and all regulations and procedures that have been adopted by the city or King County to implement the plan or study, including, but not limited to, capital projects, public education activities and enforcement programs for managing stormwater quantity and quality discharged from the city’s municipal separate storm sewer system in compliance with the National Pollutant Discharge Elimination System permit program under the Clean Water Act.

“Stormwater pollution prevention manual” means the manual, and supporting documentation referenced or incorporated in the manual, describing best management practices and procedures for eliminating or reducing surface, storm, and ground water contamination from existing facilities and existing and new activities not covered by the surface water design manual.

“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.

“Stormwater runoff” means stormwater that flows over, or just below, the surface where it fell or melted. “Stormwater runoff” contributes to and becomes surface water or groundwater.

“Subbasin” means a geographic area that:

(a) Drains to a stream or water body named and noted on common maps; and

(b) Is contained within the basin of the stream or water body.

“Surface and stormwater management services” means the services provided by the department, including but not limited to basin planning, facilities maintenance, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and stormwater quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations and facility design and construction.

“Surface and stormwater management system” means constructed drainage facilities and any natural surface water drainage features that do any combination of collection, storing, controlling, treating or conveying surface and stormwater.

“Surface water” means the water that exists on land surfaces before, during, and after stormwater runoff occurs and includes, but is not limited to, the water found on ground surfaces and in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlands, and shallow groundwater.

“Surface Water Design Manual” means the manual, and supporting documentation referenced or incorporated in the manual, describing surface and stormwater design and analysis requirements, procedures and guidance. The “Surface Water Design Manual” is formally adopted by reference in this chapter.

“Targeted drainage review” means an abbreviated evaluation required by this chapter for certain types of proposed projects that are not subject to full or large project drainage review. Targeted drainage review may be required for some projects in simplified drainage review.

“Treatment BMP” means a best management practice intended to remove contaminants once they are already introduced into stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wetponds.

“Undeveloped parcel” means any parcel which has not been altered from its natural state by the construction, creation or addition of impervious surface.

“Water quality facility” and “water quality treatment facility” means a drainage facility designed in accordance with the drainage requirements in this chapter to mitigate the impacts of increased pollutants in stormwater runoff. A “water quality treatment facility” uses processes that include but are not limited to settling, filtration, adsorption and absorption to decrease pollutant concentrations and loadings in stormwater runoff. [Ord. 792 § 1, 2022; Ord. 657 § 2, 2016]

13.10.020 Surface water manuals adopted and amended.

The 2021 King County Surface Water Design Manual (“KCSWDM”) and the 2021 King County Stormwater Pollution Prevention Manual (“KCSPPM”) are hereby adopted by reference as, respectively, the City of Burien Surface Water Design Manual (“SWDM”) and the City of Burien Stormwater Pollution Prevention Manual (“SPPM”), with the following modifications to the KCSWDM:

(1) Chapter 1, Paragraph 1.1.1 is hereby amended to read as follows:

1.1.1 WHEN IS DRAINAGE REVIEW REQUIRED?

All development, redevelopment or new impervious surface regardless of size, scope and nature that is subject to a City of Burien permit or approval shall be subject to, at a minimum, a simplified drainage review by the City in accordance with the provisions of this manual. Clearing of 7,000 square feet or greater of land with no other construction activity shall be subject to a simplified drainage review. Targeted, full, directed or large project drainage review may be required based on specific project and site characteristics as described in Section 1.1.2.

(2) If any provisions of the SWDM or the SPPM as adopted conflict with any provisions of this chapter, the provisions of this chapter will control. Unless the context indicates otherwise, all references to “King County” or “county” in the SWDM and the SPPM shall mean and refer to the city of Burien; references to the King County department of development and environmental services or its acronym “DDES” shall mean and refer to the city of Burien department of public works and those agencies contracting with the city of Burien to enforce this chapter; references to the water and land resources division of the King County department of natural resources or its acronym “WLR” shall mean and refer to the city of Burien department of public works; references to the King County department of natural resources and parks or its acronym (“DNRP”) shall mean and refer to the city of Burien department of public works; all references to Chapter 9.04 and to Chapter 9.12 KCC or any specific sections thereof shall mean and refer to this chapter and the equivalent sections thereof.

(3) Terms and standards that are defined in the SWDM and SPPM by reference to KCC Title 21A shall mean and refer to those terms and standards as defined in BMC Title 19; provided, that when such terms have no defined meaning in BMC Title 19, the city adopts and incorporates by reference as part of this chapter the definitions set forth in applicable administrative rules or regulations adopted by the public works director or as otherwise determined by the public works director.

(4) All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the city of Burien pursuant to this chapter.

(5) All references in the SPPM to the SWDM shall mean and refer to the SWDM as adopted by the city of Burien pursuant to this chapter.

(6) The definition of “critical drainage area” in Chapter 1 of the SWDM is amended by striking “by administrative rule under the procedures specified in Chapter 2.98 KCC.”

(7) The reference in Section 1.1.2.4 of the SWDM to “urban planned development” is stricken.

(8) The note following the third sentence of Section 1.1.3 of the SWDM is stricken.

(9) The last paragraph of Section 1.1.4 beginning with “Additional mitigation” is stricken.

(10) The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of BMC Title 19.

(11) All references to “critical area review” and to “critical area report” in the SWDM and the SPPM shall mean and refer to “critical area review” and “critical area study,” respectively, pursuant to BMC Title 19.

(12) References in the SWDM and SPPM to Chapter 16.82 KCC shall mean and refer to the clearing and grading provisions of the Burien Municipal Code.

(13) Subsection F of Section 1.2.4.3 of the SWDM is omitted.

(14) The reference in Section 1.2.7 to King County Ordinance 12020 and the liability requirements of King County Code 9.04.100 shall mean and refer to the financial guarantee requirements of BMC 13.10.190.

(15) The first paragraph of Section 1.4.4 of the SWDM is stricken and replaced with the following:

All variances (“Adjustments”) from Chapter 13.10 BMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth at BMC 19.65.085, as it now exists or may hereafter be amended. Consistent with these requirements, the general steps of the variance review process for specific types of adjustments are presented as follows:

(16) The reference in Section 1.4.5 of the SWDM to Chapter 20.20 KCC shall mean and refer to BMC 19.65.085.

(17) References to offices of King County shall mean and refer to the equivalent offices of the city of Burien.

(18) Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the city of Burien.

(19) References to plants selected for bioretention facilities that are constructed in accordance with Chapter 12.05 BMC shall mean and refer to Burien’s bioretention plant list, Appendix A of the 2016 Road Design and Construction Standards. [Ord. 792 §§ 2–5, 2022; Ord. 657 § 2, 2016]

13.10.030 Administration.

(1) Administration.

(a) The director is authorized to promulgate and adopt administrative rules for the purpose of implementing and enforcing the provisions of this chapter. Adopted administrative rules will be made available to the public from the department. This includes, but is not limited to, the SWDM and the SPPM.

(b) The director is authorized to develop procedures for applying adopted rules and regulations during the review of permit applications for the development of land. These procedures may also be contained in the SWDM and the SPPM.

(2) Inspections. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.

(3) Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities, monitor for proper implementation of BMPs, 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 demand entry.

(4) Access. Proper ingress and egress 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 party in writing of failure to comply with this access requirement. If the director does not receive a response from the responsible party within seven days of receipt of the written notification, the director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person holding title to the subject property. Unless entry is consented to by the owner or other person in control of any building, structure, property or portion thereof, or conditions are believed to exist which create a threat of immediate and substantial harm, the director, before entry, shall obtain a warrant as authorized by the laws of the state of Washington. [Ord. 657 § 2, 2016]

13.10.040 Administrative standards and procedures.

The director may develop administrative standards and procedures relating to the implementation of this chapter. This includes but is not limited to:

(1) Procedures for the imposition and collection of service charges, connection fees, and/or for filing of liens and initiation of foreclosure on delinquent accounts and the collection of the debt service portion of the service charge;

(2) Lake management plans for Lake Burien;

(3) Standards and procedures for granting discounts to the surface water management fee;

(4) Procedures for a grant program to help citizens in reducing the impact of excess storm and surface water runoff by removing impervious surface from their property. [Ord. 657 § 2, 2016]

13.10.050 Enforcement.

The director is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of this chapter.

The director shall gain compliance with this chapter by requiring the implementation of BMPs and, when necessary, AKART. [Ord. 657 § 2, 2016]

13.10.060 Liberal construction.

This chapter is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [Ord. 657 § 2, 2016]

13.10.080 Conflicting provisions.

Any documents and/or manuals formally adopted by reference pursuant to this chapter which implement the policies promulgated in this chapter are governed by the Burien Municipal Code. Any inconsistencies identified will be controlled by the Burien Municipal Code. If any provisions of any other chapter of the Burien Municipal Code conflict with this chapter, that which provides more environmental protection shall apply unless specifically provided otherwise in this chapter. [Ord. 657 § 2, 2016]

13.10.090 Severability.

If any provision of this chapter or its application to any person, property, or circumstance is held invalid, the remainder of this chapter and the application of the provisions to other persons, property, or circumstances shall not be affected. [Ord. 657 § 2, 2016]

Article II. Surface Water Runoff

13.10.110 Scope.

Compliance with the standards in this chapter, the SWDM, and the SPPM does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the SWDM and the SPPM. Thus, compliance with these manuals should not be construed as mitigating all probable and significant surface water impacts, and additional mitigation may be required to protect aquatic biota in streams and wetlands. [Ord. 657 § 2, 2016]

13.10.120 Purposes.

The city council finds this article is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of stormwater and surface waters and erosion control, especially that which preserves and utilizes the many values of the city’s natural drainage system including open space, fish and wildlife habitat, recreation, education and urban separation. The city council also finds that the city shall conduct programs to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation by providing minimum requirements for reducing and controlling the discharge of contaminants and through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance in order to promote the effectiveness of the requirements contained in this chapter. [Ord. 657 § 2, 2016]

13.10.130 Drainage review – When required – Type.

(1) All development and land disturbing activity, including all redevelopment or new impervious surface regardless of size, scope and nature, that is subject to a city of Burien permit or approval, shall be subject to, at a minimum, a simplified drainage review. Clearing of 7,000 square feet or greater of land with no other construction activity shall be subject to a simplified drainage review regardless of the need to obtain another city of Burien permit or approval. Targeted, full, directed, or large project drainage review shall be required based on specific project and site characteristics as described in the SWDM.

(2) The drainage review for any proposed project shall be scaled to the scope of the project’s size, type of development, and potential for stormwater impacts to surface water and groundwater to facilitate the preparation and review of project applications. If drainage review for a proposed project is required under subsection (1) of this section, the department shall determine which of the following drainage reviews apply as specified in the SWDM:

(a) Simplified drainage review;

(b) Targeted drainage review;

(d) Full drainage review; or

(e) Large project drainage review.

(3) Exceptions. Development, including redevelopment, in the airport industrial zone that is complying with the NERA Master Drainage Plan (NERA MDP) shall be subject to a modified small project drainage review, prepared in accordance with Appendix I of the NERA MDP. [Ord. 657 § 2, 2016]

13.10.140 Drainage review – Requirements.

(1) Every application for a permit or approval that is subject to drainage review must meet each of the core requirements set forth in the SWDM for the type of drainage review that is required.

(2) The SWDM defines three flow control levels for impact mitigation. The city applies the Level 2 standard as the default standard within the entire city. The city may require Level 3 flow control for specific areas in accordance with the provisions set forth in Section 1.2.3 of the SWDM. The flow control levels may be reduced or waived for specific areas (e.g., Salmon Creek Basin) where a plan or study approved by the Department of Ecology shows that a lower standard (e.g., Level 1 flow control) is sufficient or no facility is necessary. Level 1 and Level 3 flow control levels designated by King County pursuant to the King County Basin Plan, and approved by the Department of Ecology, that apply to specific areas that have been, after such designation, annexed to the city, shall apply to those specific areas until such time as the city, by and through the public works director, adopts a different flow control level.

(3) A proposed project required to have drainage review shall meet the special requirements that apply to the site and that are described in detail in the SWDM. The department shall verify if a proposed project is subject to and must meet any of the special requirements set forth in the SWDM.

(4)(a) An adjustment to the requirements contained in this section or other requirements in the SWDM may be proposed. The resulting development shall be subject to all of the remaining terms and conditions of this chapter and the adjustment shall:

(i) Produce a compensating or comparable result in the public interest; and

(ii) Meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.

(b) If complying with subsection (4)(a)(i) of this section will deny all reasonable use of a property, the best practicable alternative shall be obtained as determined by the director according to the adjustment process defined in the SWDM.

(c) Requests for adjustments that may conflict with the requirements of any other city department shall require review and concurrence with that department. The director shall coordinate to resolve conflicts between adjustments to the SWDM and requirements of other departments.

(d) A request for an adjustment is a Type 1 decision and shall be processed in accordance with the procedures specified in BMC 19.65.085 and the SWDM.

(e) The city may require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine compliance with subsection (4)(a) of this section and the approved plans and conditions.

(f) The applicant may appeal an adjustment decision to the hearing examiner by following the appeal procedures as specified in Chapter 2.20 BMC and the SWDM. [Ord. 657 § 2, 2016]

13.10.150 Critical drainage and/or erosion areas.

Development in areas where the department has determined that the existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the director until such time as the community hazard is alleviated. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features or other controls necessary to protect against community hazard. Where alternate facility designs or methods will produce a compensating or comparable result in the public interest and which will meet this section’s objectives of safety, function, appearance, environmental protection and maintainability, based upon sound engineering judgment, an adjustment to the special drainage requirements promulgated under this section may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter. Where application of this section will deny all reasonable use of a property and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the director according to the adjustment process defined in the SWDM. [Ord. 657 § 2, 2016]

13.10.160 Engineering plans for the purposes of drainage review.

(1) All engineering plans shall be submitted to the department for review in accordance with the SWDM, including those drainage plans developed by the city for surface water or stormwater capital improvement, repair, maintenance, or restoration projects or other linear government agency projects, such as roadways, railways, pipelines, utility lines, and trails.

(2) All master drainage plans, if required, shall be submitted to the department for drainage review in accordance with the specifications in the SWDM. The master drainage plan process should commence at the same time as the State Environmental Policy Act (SEPA) process.

(3) The expiration time frames as specified in the SWDM shall apply to all permit and approval applications.

(4) All plans shall be processed in accordance with the drainage review procedures specified in the SWDM.

(5) All submittal procedures, definitions and specifications for the required contents of engineering plans are presented in the SWDM. [Ord. 657 § 2, 2016]

13.10.170 Construction timing and final approval.

(1) No work related to permanent or temporary storm drainage control for a permitted development may proceed without the approval of the director.

(2) Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:

(a) 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; and

(b) Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and approvals for the project are completed and the potential for on-site erosion has passed.

(3) The applicant shall have constructed and have in operation those portions of the drainage facilities necessary to accommodate the control of surface and stormwater runoff discharging from the site before the construction of any other improvements or buildings on the site, or to final recording of a plat or short plat, unless upon written request of the applicant, the development engineer authorizes recording before construction of facilities in order to minimize impacts that may result from construction of facilities during inappropriate times of the year. [Ord. 657 § 2, 2016]

13.10.175 Vesting period for lots in final short plats.

A lot within a short subdivision shall be governed for a period of three years by the provisions of this chapter in effect at the time a fully completed application for a short subdivision approval was received by the city. [Ord. 657 § 2, 2016]

13.10.180 Liability insurance required.

The applicant required to construct the drainage facility pursuant to this chapter shall maintain a combined single limit per occurrence liability policy in an amount established by the city, which shall name the city as an additional insured and protect the city from liability relating to the construction or maintenance of the facility until construction approval or acceptance for maintenance, whichever is last. Proof of this required liability policy shall be provided to the director prior to commencing construction of any drainage facility. If this liability insurance is not kept in effect as required, the city may initiate enforcement action. [Ord. 657 § 2, 2016]

13.10.190 Financial guarantees authorized.

The department is authorized to require all applicants issued permits or approvals under the provisions of the title to post financial guarantees consistent with the provisions of this code. [Ord. 657 § 2, 2016]

13.10.200 Drainage facilities accepted by the city for maintenance.

(1) The city is responsible for the maintenance, including performance and operation, of drainage facilities which have formally been accepted for maintenance by the director.

(2) The city may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:

(a) All necessary easements or dedications entitling the city to properly maintain the drainage facility have been conveyed to the city;

(b) The director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:

(i) Flooding;

(ii) Downstream erosion;

(iii) Property damage due to improper function of the facility;

(iv) Safety hazard associated with the facility;

(v) Degradation of water quality or in-stream resources; or

(vi) Degradation to the general welfare of the community; and

(c) The director has declared in writing acceptance of maintenance responsibility by the city. Copies of this document will be kept on file in the department.

(3) The director may terminate the department’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:

(a) Flooding;

(b) Downstream erosion;

(d) Safety hazard associated with the facility;

(e) Degradation of water quality or in-stream resources; or

(f) Degradation to the general welfare of the community. Copies of this document will be kept on file in the department.

(4) 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. 657 § 2, 2016]

13.10.210 Drainage facilities not accepted by the city for maintenance.

(1) 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 responsibility includes maintenance of a drainage facility which is:

(a) Under a maintenance guarantee or defect guarantee;

(b) A private road conveyance system;

(d) Located within and serving a multifamily or commercial site unless the facility is part of an approved shared facility plan;

(e) Located within or associated with an administrative or formal subdivision which handles runoff from an area of which less than two-thirds is designated for detached or townhouse dwelling units located on individual lots unless the facility is part of an approved shared facility plan;

(f) Previously terminated for assumption of maintenance responsibilities by the department in accordance with this chapter; or

(g) Not otherwise accepted by the city for maintenance.

(2) Prior to the issuance of any of the permits and/or for any multifamily or commercial project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the SWDM. The restrictions set forth in such covenant shall include, but not be limited to provisions for notice to the persons holding title to the property of a city determination that maintenance and/or repairs are necessary to the facility and a reasonable time limit in which such work is to be completed.

(a) In the event that the titleholders do not effect such maintenance and/or repairs, the city may perform such work upon due notice. The titleholders are required to reimburse the city for any such work. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County records division.

(b) The city may enforce the restrictions set forth in the declaration of covenant provided in the Surface Water Design Manual.

(3) Prior to the issuance of any of the permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the person or persons holding title to the subject property for which a drainage facility was required shall pay a fee established by the director to reasonably compensate the city for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards.

(4) The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the drainage facility was required.

(5) 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. 657 § 2, 2016]

13.10.220 Hazards.

(1) Whenever the director determines that any existing construction site, erosion and sedimentation problem, drainage facility, business or residential activity that might result in prohibited discharges, or any violation of this chapter poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of city right-of-way, utilities, and/or other property owned or maintained by the city, the applicant/person to whom the permit was issued pursuant to this chapter, 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.

(2) 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 this chapter, 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. 657 § 2, 2016]

13.10.230 Surface water contamination.

At the direction of the director, the city shall investigate any structure or use which is apparently causing or has been a cause of surface water pollution, and if it is determined that a violation exists, the city may take enforcement action as authorized pursuant to BMC 13.10.510 and 13.10.520. [Ord. 657 § 2, 2016]

13.10.240 Illicit discharges and connections.

(1) Prohibited Discharges. It is unlawful for any person to discharge any contaminants into surface and stormwater or groundwater. Contaminants include, but are not limited to, the following:

(a) Trash or debris;

(b) Construction materials;

(d) Antifreeze and other automotive products;

(e) Metals in either particulate or dissolved form;

(f) Flammable or explosive materials;

(g) Radioactive material;

(h) Batteries;

(i) Acids, alkalis, or bases;

(j) Paints, stains, resins, lacquers or varnishes;

(k) Degreasers and solvents;

(l) Drain cleaners;

(m) Pesticides, herbicides or fertilizers;

(n) Steam cleaning wastes;

(o) Soaps, detergents or ammonia;

(p) Swimming pool or spa filter backwash;

(q) Chlorine, bromine and other disinfectants;

(r) Heated water;

(s) Domestic animal wastes;

(t) Sewage;

(u) Recreational vehicle waste;

(v) Animal carcasses;

(w) Food wastes;

(x) Bark and other fibrous materials;

(y) Collected lawn clippings, leaves, or branches;

(z) Silt, sediment, or gravel;

(aa) Dyes, except as stated in subsection (3)(a) of this section;

(bb) Chemicals not normally found in uncontaminated water; or

(cc) Any hazardous material or waste, not listed above.

(2) Allowable Discharges. Certain discharges may be made directly or indirectly to a public drainage control system. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with other discharges, is causing significant contamination of surface water or groundwater:

(a) Spring water;

(b) Diverted stream flows;

(d) Lawn watering with potable water or collected rainwater;

(e) Pumped groundwater flows that are uncontaminated;

(f) Materials placed as part of an approved habitat restoration or bank stabilization project;

(g) Natural uncontaminated surface water or groundwater;

(h) Flows from riparian habitats and wetlands;

(i) The following discharges from boats: engine exhaust; cooling waters; effluent from sinks, showers and laundry facilities; and treated sewage from Type I and Type II marine sanitation devices;

(j) Collected rainwater that is uncontaminated;

(k) Uncontaminated groundwater that seeps into or otherwise enters stormwater conveyance systems;

(l) Air conditioning condensation;

(m) Irrigation water from agricultural sources that is commingled with stormwater runoff;

(n) Non-stormwater discharge authorized by another NPDES or State Waste Discharge Permit;.

(o) Discharges from emergency fire-fighting activities; and

(p) Other types of discharges as determined by the director.

(3) Exceptions.

(a) Dye testing is allowable but requires verbal notification to the city of Burien public works department at least one day prior to the date of test.

(b) A person does not violate subsection (1) of this section if that person has properly designed, constructed, implemented and is maintaining BMPs and is carrying out AKART as required by this chapter, but contaminants continue to enter surface and stormwater or groundwater; or that person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site. A person who, under this subsection, is not in violation of subsection (1) of this section is liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs or other discharges that allow contaminants to enter surface and stormwater or groundwater.

(c) Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter in order to avoid an imminent threat to public health or safety shall be exempt from this section. The director by public rule may specify actions that qualify for this exception in city procedures. A person undertaking emergency response activities shall take steps to ensure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence.

(4) Illicit Connections. Any connection, identified by the director, that could convey anything not composed entirely of surface and stormwater, directly to surface, storm, or groundwaters is considered an illicit connection and is prohibited with the following exceptions: connections conveying allowable discharges, connections conveying discharges pursuant to a National Pollutant Discharge Elimination System (“NPDES”) permit as issued by the state (other than an NPDES surface water permit) or a state waste discharge permit, and connections conveying effluent from on-site sewage disposal systems to subsurface soils. Presence of prohibited connections as defined herein constitutes a violation of this chapter as set forth in BMC 13.10.510 and 13.10.520. Water quality analysis or investigation for potential illicit connection and illicit discharge will be conducted by the city or by the state certified laboratory. [Ord. 657 § 2, 2016]

13.10.250 Best management practices.

(1) Any person causing or allowing discharge to a public drainage facility, natural drainage system, surface and stormwater, or groundwater shall control contamination in the discharge by implementing appropriate source control BMPs. Failure to implement such practices shall constitute a violation of this chapter. The best management practices (“BMPs”) shall be applied to any business or residential activity that might result in prohibited discharges as specified in the SPPM or as determined necessary by the director. Activities that might result in prohibited discharges include but are not limited to the following:

(a) Potable water line flushing;

(b) Dust control with potable water;

(d) Pavement and building washing;

(e) Swimming pool and hot tub maintenance;

(f) Auto repair and maintenance;

(g) Building repair and maintenance;

(h) Landscape maintenance;

(i) Hazardous waste handling;

(j) Solid and food waste handling; and

(k) Application of pesticides.

(2) Compliance with this chapter shall be achieved through the use of the BMPs described in the SPPM. In applying the SPPM, the director shall first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the director may require implementation of treatment BMPs as set forth in AKART. The city will provide, upon reasonable request, available technical assistance.

(3) In applying the SPPM to prohibited discharges from normal single-family residential activities, the director shall use public education and warnings as the primary method of gaining compliance with this chapter and shall not use citations, notice and orders, assessment of civil penalties and fines, or other compliance actions as authorized in Chapter 2 BMC, unless 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) Persons implementing BMPs through another federal, state or local program will not be required to implement the BMPs prescribed in the city’s SPPM, unless the director determines the other program’s BMPs are ineffective at reducing the discharge of contaminants or not being implemented. If the other program requires the development of a stormwater pollution prevention plan or other best management practices plan, the person shall make the plan available to the city upon request. Other federal, state, and local programs include, but are not limited to any of the following:

(a) General or individual NPDES permit from the Washington State Department of Ecology or the United States Environmental Protection Agency;

(b) Forest practices under Chapter 76.09 RCW or on lands being converted to another use or when regulatory authority is otherwise provided to local government by RCW 76.09.240; or

(d) Other programs identified by the director. [Ord. 657 § 2, 2016]

13.10.260 Water quality standards.

The city of Burien 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. 657 § 2, 2016]

13.10.270 Operation and maintenance of stormwater facilities.

(1) Standards for maintenance of stormwater facilities existing on public or private property within the city are contained in the SWDM and the SPPM. Any maintenance agreement submitted and approved by the city through the permit process shall supersede maintenance requirements contained in the SWDM and the SPPM.

(2) 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.

(3) 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.

(4) All stormwater facilities and conveyance systems not owned by Burien, including, but not limited to, roof downspout drains, driveway drains, source control BMPs, and treatment BMPs, shall be maintained by the persons responsible for the property.

Any persons responsible for property for which Burien has required stormwater facilities shall be responsible for the continual operation, maintenance, and repair of said stormwater facilities in accordance with the criteria set forth in the SWDM and the SPPM.

Each person responsible for property is responsible for maintenance of the property’s drainage facilities up to and including the point at which it connects with Burien’s stormwater management system. A right-of-way permit and standards apply in accordance with Chapter 12.18 BMC for work in Burien’s public street right-of-way.

(5) For drainage facilities referenced in subsection (4) of this section, failure to meet the maintenance requirements specified in the SWDM and the SPPM constitutes a violation of this chapter, and shall be enforced against the persons responsible for the property served by the stormwater facility, source control, or treatment BMP. Lack of operations and maintenance, as required by the SWDM and the SPPM and any approved maintenance agreements or covenants, is a violation of this chapter and will be enforced consistent with applicable laws, orders, or regulations. When an inspection identifies a failure to comply with the maintenance standard, the persons responsible for the property will perform work:

(a) Immediately and no later than 24 hours after discovery if maintenance is necessary to correct safety or health problems, and to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system;

(b) Within six months of discovery for routine maintenance operations or minor repairs; or

(d) Within a timeline set by the public works director for maintenance that requires capital construction that exceeds $25,000.

(6) Burien’s Acceptance of Existing Residential Stormwater Facilities. Burien may accept for maintenance those stormwater facilities serving residential developments existing prior to the effective date of the ordinance codified in this chapter that meet the following conditions:

(a) The stormwater facilities serve more than one individual house or property;

(b) An inspection by the director has determined that the stormwater facilities are functioning as designed;

(c) The stormwater facilities have had at least two years of satisfactory operation and maintenance, unless otherwise waived by the director;

(d) An inspection by the director has determined that the stormwater facilities are accessible for maintenance using existing city equipment;

(e) The persons responsible for the property served by the stormwater facilities have submitted a petition containing the signatures of the title holders of more than 50 percent of the lots served by the stormwater facilities requesting that Burien maintain the stormwater facilities;

(f) An easement or dedication of the property is offered by the property owner at no cost;

(g) All easements entitling Burien to properly access, operate and maintain the subject stormwater facilities have been conveyed to Burien and have been recorded with the King County office of records and elections;

(h) The persons responsible for the property served by the stormwater facilities show proof of the correction of any defects in the drainage facilities, including provision of maintenance access, as required by the director; and

(i) Burien formally accepts said infrastructure for operation and maintenance.

(7) 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 stormwater maintenance activities, and, where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. [Ord. 792 § 6, 2022; Ord. 657 § 2, 2016]

13.10.280 Stormwater connection fee.

(1) There is established a connection fee for properties in the airport industrial zone complying with the NERA MDP and connecting to the regional stormwater facilities described in the NERA MDP.

(2) The connection fee shall be charged on development and redevelopment sites submitting land use applications. A development site shall be subject to the connection fee for the initial connection to the regional stormwater system; the site shall not be subject to the connection fee upon subsequent redevelopment.

(3) The connection fee shall be calculated on the entire development site as:

developable area in acres x $23,327,

where the developable area is defined as all portions of the subject parcel(s) not covered by critical areas.

(4) The connection fee shall be payable by the applicant upon application for a development permit. [Ord. 657 § 2, 2016]

Article III. Surface Water Management Program

13.10.310 Authority.

(1) There is hereby created and established the surface water management program of the city of Burien under which the provisions of this chapter will be carried out.

(2) The surface water management program created by this chapter shall be administered by the director. Pursuant to interlocal agreement, King County and its department of public works is designated as the city’s agent for providing drainage services under this program to the residents and property owners of the city and for the purpose of collecting surface water service charges from city property owners. A copy of the interlocal agreement shall be available in the office of the city clerk for use and examination by the public.

(3) Whenever necessary to examine the property characteristics of a particular parcel for the purposes of implementing this chapter, the director may enter any property or portion thereof at reasonable times in compliance with the following procedures:

(a) If the property or portion thereof is occupied, the director shall present identification credentials, state the reason for entry and request entry;

(b) If the property or portion thereof is unoccupied, the director shall first make a reasonable effort to locate the owner or other persons having charge or control of the property or portion thereof and request entry; and

(c) Unless entry is consented to by the owner or person in control of any property or portion thereof, the director, before entry, shall obtain a search warrant as authorized by the laws of the state of Washington.

(4) The director is authorized to enforce this chapter, the ordinances and resolutions codified in it and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of Article IV of this chapter.

(5) The program may provide services related to surface and stormwater management, including but not limited to basin planning, facilities maintenance, regulation, financial administration, public involvement, drainage investigation and enforcement, aquatic resource restoration, surface and stormwater quality and environmental monitoring, natural surface water drainage system planning, intergovernmental relations, and facility design and construction. The program may contract for services with interested municipalities or special districts including but not limited to sewer and water districts, school districts, port districts or other governmental agencies. [Ord. 657 § 2, 2016]

13.10.320 Purpose.

It is the finding of the city that the surface water management program is necessary in order to promote public health, safety and welfare by establishing and operating a comprehensive approach to surface and stormwater problems which would reduce flooding, erosion and sedimentation, prevent and mitigate habitat loss, enhance groundwater recharge and prevent water quality degradation. It is the finding of the city that the most cost-effective and beneficial approach to surface and stormwater management is through preventative actions and protection of the natural drainage system. In approaching surface and stormwater problems the program shall give priority to methods which provide protection or enhancement of the natural surface water drainage system over means which primarily involve construction of new drainage facilities or systems. The purpose of the rates and charges established herein is to provide a method for payment of all or any part of the cost and expense of surface and stormwater management services. These rates and charges are necessary in order to promote the public health, safety and welfare by minimizing uncontrolled surface and stormwater, erosion, and water pollution; to preserve and utilize the many values of the city’s natural drainage system including water quality, open space, fish and wildlife habitat, recreation, education, urban separation and drainage facilities; and to provide for the comprehensive management and administration of surface and stormwater. [Ord. 657 § 2, 2016]

13.10.330 Applicability.

Developed parcels within the service area shall be billed each year for surface and stormwater management services pursuant to RCW 35.67.020. [Ord. 657 § 2, 2016]

13.10.340 Policy.

(1) It is the finding of the city that developed parcels contribute to an increase in surface and stormwater runoff to the surface and stormwater management system. This increase in surface and stormwater runoff results in the need to establish rates and charges to finance the city’s activities in surface and stormwater management. Developed parcels shall be subject to the rates and charges of the program based on their contribution to increased runoff. The factors to be used to determine the degree of increased surface and stormwater runoff to the surface and stormwater management system from a particular parcel shall be the percentage of impervious surface coverage on the parcel, the total acreage of the parcel and any mitigating factors as determined by the city.

(2) It is the finding of the city that undeveloped parcels do not contribute as much as developed parcels to an increase in surface and stormwater runoff into the surface and stormwater management system. Undeveloped properties shall be exempt from the rates and charges of the program.

(3) It is the finding of the city that maintained drainage facilities mitigate the increased runoff contribution of developed parcels by providing on-site drainage control. Parcels served by flow control facilities which were required for development of the parcel or can be demonstrated by the property owner to provide flow control of surface and stormwater to the standards in this chapter shall receive a discount as provided in the rates and charges of the program, if the facility is maintained at the parcel owner’s expense to the standard established by the department.

(4) It is the finding of the city that improvements to the quality of surface water runoff can decrease the impact of that runoff on the environment. Parcels served by water quality treatment facilities that were required for development of the parcel or that can be demonstrated by the property owner to provide treatment of surface and stormwater to the standards in this chapter shall receive a discount as provided in the rates and charges of the surface and stormwater management program, if the facility is maintained at the parcel owner’s expense to the standard established by the department.

(5) It is a finding of the city that open space properties provide a benefit to the surface and stormwater management system by the retention of property in an undeveloped state. Open space properties shall receive a discount from the rates and charges to encourage the retention of property as open space.

(6) The majority of the parcels in the service area are residential. The variance between residential parcels in impervious surface coverage is found to be minor and to reflect only minor differences in increased runoff contributions. The administrative cost of calculating the service charge individually for each residential parcel and maintaining accurate information would be very high. A flat charge for residential parcels is less costly to administer than calculating a separate charge for each parcel and is equitable because of the similarities in impervious surface coverage between residential parcels. Therefore, residential parcels shall be charged a flat charge based upon an average amount of impervious surface.

(7) Very lightly developed nonresidential parcels which have an impervious surface coverage of 10 percent or less of the total parcel acreage are characterized by a very low intensity of development and generally a large number of acres. A greater number of acres of undeveloped land associated with an impervious surface results in significantly less impact to the surface and stormwater management system. These parcels shall be charged a flat rate which will encourage the retention of large areas of very lightly developed land.

(8) Lightly to very heavily developed nonresidential parcels which have an impervious surface coverage of more than 10 percent have a substantial impact on the surface and stormwater management system. The impact of these parcels on the surface and stormwater management system increases with the size of the parcels. Therefore, lightly to very heavily developed properties shall be charged a rate determined by the percent of impervious surface coverage multiplied by the parcel acreage.

(9) The city roads and state highway programs provide substantial annual programs for the construction and maintenance of drainage facilities, and the road systems and their associated drainage facilities serve as an integral part of the surface and stormwater management system. City and state road drainage systems, unlike the drainage systems on other properties, are continually being upgraded to increase both conveyance capacity and control. It is envisioned that the roads program will work cooperatively with the surface and stormwater management program to improve regional surface and stormwater management services, as new information is available from basin plans and other sources. City roads and state highways shall not be charged a rate in recognition of the benefit to the surface and stormwater management services provided by the drainage facilities associated with the city roads and state highway programs; provided, that those drainage facilities are constructed, operated, and maintained in accordance with this chapter.

(10) Comprehensive management of surface and stormwater runoff must include anticipation of future growth and development in the design and improvement of the surface and stormwater management system. Service charge revenue needs shall be based upon the present and future requirements of the surface and stormwater management system, and these needs shall be considered when determining the rates and charges of the program.

(11) Basin plans are essential to establishing a comprehensive approach to a capital improvement program, maintenance of facilities and regulation of new developments. A plan should analyze the measures needed to control surface and stormwater runoff which results from existing and anticipated development within the basin. The measures investigated to control runoff should include land use regulation such as setback requirements or community plan revisions which revise land use densities as well as the use of drainage facilities. A plan also should recommend the quantity and water quality runoff control measures required to further the purposes set forth in this chapter, and community goals. The institutional requirements and regulations, including but not limited to land use management, funding needs, and incentives for preserving the natural surface and stormwater drainage system should be identified in the plan. The proposed ordinances and regulations necessary to implement the plan shall be transmitted to the council simultaneously with the plan.

(12) Areas with development related surface and stormwater problems require comprehensive management of surface and stormwater.

(13) Additional surface and stormwater runoff problems may be caused by new land use development if not properly mitigated both through protection of natural systems and through constructed improvements. The SWDM and the SPPM and this chapter have been adopted to mitigate the impact of land use development. Further mitigation of these impacts is based on expertise which continues to evolve as new information on our natural systems is obtained and new techniques are discovered. The program, through reconnaissance studies, basin plans, and other special studies, will continuously provide valuable information on the existing problems and areas of the natural drainage system that need special protection. The city is researching and developing methods to protect the natural drainage system through zoning, buffering and setbacks to alleviate existing problems. Setback and buffering measures allow natural preservation of wetlands and stream corridors to occur, alleviate erosion and water pollution, and provide a safe environment for the small mammals and fish which inhabit sensitive areas. Based upon the findings in this subsection, and as information and methods become available, the director, as appropriate, shall draft and submit to the council regulations and development standards to allow protection of the surface and stormwater management system including natural drainage systems.

(14) The program will maintain long-term fiscal viability and fund solvency for all of its related funds. The program’s approach to financial reporting and disclosure will be comprehensive, open and accessible.

(15) The program shall prepare an annual, multiyear capital improvement program which encompasses all of the program’s activities related to the acquisition, construction, replacement, or renovation of capital facilities or equipment. All proposed new facilities will be subject to a consistent and rigorous needs analysis. The program’s capital facilities will be planned and financed to ensure that the benefits of the facilities and the costs for them are balanced over time. [Ord. 657 § 2, 2016]

13.10.350 Rate structure. Revised 1/24

(1) The service charges shall be based on the relative contribution of increased surface and stormwater runoff from a given parcel to the surface and stormwater management system. The percentage of impervious surfaces on the parcel, the total parcel acreage and any mitigating factors as provided in this chapter will be used to indicate the relative contribution of increased surface and stormwater runoff from the parcel to the surface and stormwater management system. The relative contribution of increased surface and stormwater runoff from each parcel will determine that parcel’s share of the service charge revenue needs. The service charge revenue needs of the program are based upon all or any part, as determined by the council, of the cost of surface and stormwater management services or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for that purpose.

(2) The department shall determine the service charge for each parcel within the service area by the following methodology:

(a) Residential and very lightly developed nonresidential parcels shall receive a flat rate service charge for the reasons set forth in this chapter.

(b) Light to very heavily developed parcels shall be classified into the appropriate rate category by their percentage of impervious surface coverage. Land use codes or data collected from parcel investigations, or both, will be used to determine each parcel’s percentage of impervious surface coverage.

After a parcel has been assigned to the appropriate rate category, the service charge for the parcel will be calculated by multiplying the total acreage of the parcel times the rate for that category.

(3) There are hereby imposed upon all developed properties in the service area annual service charges as follows:

Surface Water Management Service Charges
Class	Impervious Surface %	Rate
Residential	N/A	$212.99/parcel/year
Very Light	0 to 10%	$212.99/parcel/year
Light	greater than 10% to 20%	$532.27/acre/year
Moderate	greater than 20% to 45%	$1,147.15/acre/year
Moderately Heavy	greater than 45% to 65%	$1,929.63/acre/year
Heavy	greater than 65% to 85%	$2,616.73/acre/year
Very Heavy	greater than 85% to 100%	$3,334.29/acre/year
City Roads	N/A	Exempt
State Highways	N/A	Exempt

The minimum service charge in any class shall be $212.99 per parcel per year. Mobile home parks’ maximum annual service charges in any class shall be $212.99 times the number of mobile home spaces.

(4) The city council will review the surface water management service charges annually to ensure the long-term fiscal viability of the program and to guarantee that debt covenants are met. The program will use equitable and efficient methods to determine service charges. [Ord. 828 § 1, 2023; Ord. 802 § 1, 2022; Ord. 786 § 1, 2021; Ord. 750 § 1, 2020; Ord. 721 § 1, 2019; Ord. 698 § 1, 2018; Ord. 673 § 1, 2017; Ord. 664 § 1, 2016; Ord. 657 § 2, 2016]

13.10.360 Rate adjustments and appeals.

(1) Any person billed for service charges may file a request for rate adjustment with the department within three years of the date from which the bill was sent. However, filing of such a request does not extend the period for payment of the charge.

(2) Requests for rate adjustment may be granted or approved by the director only when one of the following conditions exists:

(a) The parcel is owned and is the personal residence of a person or persons determined by the county assessor as qualified for a low income senior citizen property tax exemption authorized under RCW 84.36.381. Parcels qualifying under this subsection shall be exempt from all charges imposed in this chapter;

(b) The acreage of the parcel charged is in error;

(c) The parcel is nonresidential and the actual impervious surface coverage of the parcel charged places it in a different rate category than the rate category assigned by the department;

(d) The parcel is nonresidential and the parcel meets the definition of open space in this chapter. Parcels qualifying under this subsection will be charged only for the area of impervious surface and at the rate which the parcel is classified under using the total parcel acreage;

(e) The parcel is served by one or more flow control or water quality treatment facilities required under this chapter or can be demonstrated by the property owner to provide flow control or water quality treatment of surface and stormwater to the standards in this chapter, and any such facility is maintained at the expense of the parcel owner to the standards required by the department. Nonresidential parcels except in the light category qualifying under this subsection shall be charged at the rate of one lower rate category than as classified by its percentage of impervious surface coverage. Nonresidential parcels in the light rate category qualifying under this subsection shall be charged $212.99 per parcel per year. Residential parcels and parcels in the very light category qualifying under this subsection shall be charged $106.48 per parcel per year; or

(f) The service charge bill was otherwise not calculated in accordance with this chapter.

(3) The property owner shall have the burden of proving that the rate adjustment sought should be granted.

(4) At the director’s discretion, before a rate adjustment will be granted, the property owner may be required to grant permission for city staff to inspect the property to determine if the applicable requirements in subsection (2) of this section have been met. If the property owner refuses to grant access for an inspection, the director may not grant the rate adjustment.

(5) Decisions on requests for rate adjustments shall be made by the director based on information submitted by the applicant and the results of the inspection, if applicable. The applicant shall be notified in writing of the director’s decision. If an adjustment is granted which reduces the charge for the current year or two prior years, the applicant shall be refunded the amount overpaid in the current and two prior years.

(6) If the director finds that a service charge bill has been undercharged, then either an amended bill shall be issued which reflects the increase in the service charge or the undercharged amount will be added to the next year’s bill. This amended bill shall be due and payable under this chapter. The director may include in the bill the amount undercharged for two previous billing years in addition to the current bill.

(7) Decisions of the director on requests for rate adjustments shall be final unless, within 20 days of the date the decision was mailed, the applicant submits in writing to the director a notice of appeal setting forth a brief statement of the grounds for appeal and requesting a hearing before the hearing examiner. The examiner’s decision shall be a final decision pursuant to Chapter 2.15 BMC. [Ord. 828 § 2, 2023; Ord. 802 § 2, 2022; Ord. 786 § 2, 2021; Ord. 750 § 2, 2020; Ord. 745 § 2, 2020; Ord. 721 § 1, 2019; Ord. 698 § 2, 2018; Ord. 673 § 2, 2017; Ord. 664 § 2, 2016; Ord. 657 § 2, 2016]

13.10.370 Billing procedure.

(1) All property subject to charges of the program shall be billed based on the property characteristics existing on November 1st of the year prior to the billing year and at the rate as set forth in this chapter. Billing year is the year that the bills are sent. The service charge shall be displayed and billed on the annual property tax statement for the parcel and shall be mailed to the name and address shown on the real property tax roll at the time annual property tax bills are prepared. Parcels which are exempt from property taxes and do not receive an annual property tax statement will receive a bill only for the service charge. If a payment less than the sum of the total property tax plus service charge or less than the sum of one-half of the property tax plus one-half of the service charge is received for a combined property tax and service charge, and the parcel owner has not otherwise specified, the director of finance shall first apply the payment to the annual property tax of the parcel pursuant to the provisions of Chapter 84.56 RCW and then apply any remaining amount to the service charge.

(2) The total amount of the service charge shall be due and payable to the finance department on or before the thirtieth day of April and shall be delinquent after that date; however, if one-half of such service charge is paid on or before the said thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date.

(3) Parcel characteristics affecting the service charge which are altered after November 1st of any year shall not be a basis for calculation of the service charge until after December 31st of the following year. [Ord. 657 § 2, 2016]

13.10.380 Delinquencies and foreclosures.

Delinquent service charges shall bear interest at the rate of eight percent per annum from the date of delinquency until paid. The city shall have a lien for delinquent service charges, including interest thereon, against any property subject to service charges. The lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such lien shall be effective and shall be enforced and foreclosed pursuant to Chapter 35.67 RCW. [Ord. 657 § 2, 2016]

13.10.390 Surface water management fund.

All service charges shall be deposited in the surface water management fund, which fund is hereby created to be used only for the purpose of paying all or any part of the cost and expense of providing surface water management services, or to pay or secure the payment of all or any portion of any issue of general obligation or revenue bonds issued for that purpose. Moneys in the fund not needed for immediate expenditure shall be invested for the benefit of the surface water management fund, but sufficient funds shall be transferred no later than the end of the fiscal year in which they were first appropriated for capital projects appropriated in the surface and stormwater management construction fund. The program’s fund balances and other financial resources will be invested conservatively to match strong security of principal with market rates of return. For investment purposes the director of finance is hereby designated the fund manager. [Ord. 657 § 2, 2016]

13.10.400 Additional use of revenues.

The city may use revenues received from collection of service charges for the purpose of maintaining road drainage systems. [Ord. 657 § 2, 2016]

Article IV. Inspection and Enforcement

13.10.500 Inspection and sampling.

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

(a) Construction and Development Inspection. The director or designee shall have access to any site for which a permit as listed in BMC 13.10.130 has been issued, during regular business hours, for the purpose of review of erosion control practices and stormwater facilities, and to ensure compliance with the terms of such permit. Applicants for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes. Inspection procedures shall be as outlined in subsection (2) of this section.

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

(c) Inspection for Maintenance and Source Control Best Management Practices. The director or designee may inspect stormwater facilities in order to ensure continued functioning of the 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 director also may enter the site for the purposes of observing source control and treatment BMPs. The persons responsible for the property of the site shall allow any authorized representative of the 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.

(d) Drainage Pipeline Video Inspection for New and Redevelopment. The property owner or the applicant shall conduct video inspection of the newly constructed or modified drainage systems that are equal or larger than an eight-inch diameter pipe. The city may require pipeline video inspection for a pipe smaller than eight inches. The applicant or property owner shall be responsible for the cost of video inspections.

(2) Inspection Procedure. Prior to making any inspections, the 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.

(a) If the property or any building or structure on the property is unoccupied, the director or his 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.

(b) If, after reasonable effort, the director or his 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 surface and stormwater drainage system creates an imminent hazard to persons or property, the inspector may enter.

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

(a) Sample Collection. When the director has reason to believe that a violation exists or is occurring on a property, the 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.

(b) 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.

(c) 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.

(d) Establish a Sampling Plan. If it is determined that a violation of this chapter exists, the director may require the property owner or applicant to prepare a monitoring and sampling plan to assure that compliance is occurring. The monitoring and sampling plan shall be approved by the director prior to implementation. [Ord. 792 § 7, 2022; Ord. 657 § 2, 2016]

13.10.510 Enforcement – Violations.

Any violations of this chapter, the SWDM, or the SPPM are violations of this chapter and code and are subject to the provisions of this section. In addition to the listed enforcement options, the city may also pursue any other lawful civil, criminal or equitable remedy or relief. At the director of public works’ discretion, the choice of enforcement option taken and the severity of any monetary penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, the public resources expended to take enforcement action and ensure compliance with this chapter, and/or the degree of bad faith of the persons subject to the enforcement action. Enforcement options are cumulative and shall not be deemed exclusive.

(1) Nuisance. Any structure, condition, act or failure to act which violates any provision of this chapter shall be, and the same is declared to be, unlawful and a public nuisance, and may be abated using the procedures of Chapters 1.15, 8.45 and 9.75 BMC, as currently written or hereafter amended or as otherwise allowed by law.

(2) Violation. Any structure, condition, act or failure to act which violates any provision of this chapter shall be, and the same is declared to be, unlawful and is subject to the enforcement and penalty provisions of this section, Chapter 1.15 BMC, and BMC 13.10.520.

(3) Criminal. Any willful violation of the provisions of this chapter is deemed a misdemeanor. [Ord. 657 § 2, 2016]

13.10.520 Enforcement – Civil penalties.

Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation and for all costs of inspection and sampling in the event the violation constitutes an illicit discharge. If the city repairs or replaces the damaged property, the actual cost to the city for such repair or replacement shall be assessed against the responsible party and shall be due and payable within 10 days of the date of written notice of the same. Delinquent bills may be collected by a civil action or as otherwise allowed by law. If the city obtains judgment, it shall also be entitled to reimbursement for court costs and reasonable attorney’s fees expended in the litigation.

(1) Monetary Penalty.

(a) The amount of the monetary penalty per day or portion thereof for each violation of this chapter shall be as set forth in Chapter 1.15 BMC.

(b) In the event of a conflict between this chapter and any other provision of this code or city ordinances providing for a civil penalty, this chapter shall control.

(2) Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the director of public works. [Ord. 657 § 2, 2016]