Chapter 16.05 SURFACE WATER MANAGEMENT IN GENERAL

The definitions in this chapter apply throughout this title unless the context clearly requires otherwise. Terms not defined in this chapter are defined according to Chapter 19.05 FWRC or FWRC 14.05.020, 14.05.030, 15.05.030, 18.05.010, or 1.05.020, in that order.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.)

16.05.010 A definitions.

“Abate” means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent as the director determines is necessary in the interest of the general health, safety, and welfare of the community.

“Adjustment” means a department approved variation in the application of the requirements of this title and the King County Surface Water Design Manual and Federal Way Addendum to a particular project.

“Approval” means the proposed work or completed work conforms to this title in the opinion of the public works director.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.1.)

16.05.020 B definitions.

“Background conditions” means the biological, chemical, and physical conditions of a water body outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up gradient from each discharge. When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions.

“Base flood” means a flood having a one percent chance of being equaled or exceeded in any given year, also referred to as the “100-year flood.” The base flood is determined for future flow conditions. Base flood is designated on flood insurance rate maps by the letters A or V.

“Basin” means any area draining to a point of interest.

“Basin plan” means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins.

“Berm” means a constructed barrier of compacted earth.

“Blanket adjustment” means an adjustment established by the city that can be applied routinely or globally to all projects where appropriate. Blanket adjustments are usually based on a previously approved adjustment and can be used to effect minor changes or corrections to the design requirements of the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and methodologies to that manual.

“BMP Manual” means the King County “Stormwater Pollution Control Manual” (and supporting documents as appropriate) describing best management practices, design, maintenance, procedures, and guidance.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.2.)

16.05.030 C definitions.

“Channel” means a long, narrow excavation or surface feature that conveys surface water and is open to the air.

“Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.

“Closed depression” means an area which is low lying and either has no surface water outlet or has such a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square feet of water surface area at overflow elevation.

“Commercial agriculture” means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity.

“Construct or modify” means to install a new drainage pipe/ditch or make improvements to an existing drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and excluding driveway culverts installed as part of single-family residential building permits) that either serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase, decrease, and/or redirect the conveyance of surface and stormwater runoff.

“Conveyance” means a mechanism for transporting water from one point to another, including pipes, ditches, and channels.

“Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain, and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels, and most flow control and water quality treatment facilities.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.3.)

16.05.040 D definitions.

“Detention” means the release of surface and stormwater runoff from the site at a slower rate than it is collected by the drainage facility system, the difference being held in temporary storage.

“Detention facility” means a facility that collects water from developed areas and releases it at a slower rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond or a vault and is typically released over a few hours or a few days.

“Director” means the director of the city of Federal Way public works department.

“Discharge n.,” means runoff, excluding off-site flows, leaving the proposed development through overland flow, built conveyance systems, or infiltration facilities.

“Discharge v.,” 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.

“Ditch” means a constructed channel with its top width less than 10 feet at design flow.

“Drainage” means the collection, conveyance, containment, and/or discharge of surface and stormwater runoff.

“Drainage area” means an area draining to a point of interest.

“Drainage basin” means an area draining to a point of interest.

“Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage structures and appurtenances that provide for drainage.

“Drainage review” means an evaluation by Federal Way staff of a proposed project’s compliance with the drainage requirements in this title and the King County Surface Water Design Manual and Federal Way Addendum.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.4.)

16.05.050 E definitions.

“Emergency” means a situation which, in the opinion of the director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property or the environment.

“Engineering review” means an evaluation by the Federal Way Public Works Department of a proposed project’s compliance with the drainage requirements in the King County Surface Water Design Manual, Federal Way Addendum, and with other Federal Way requirements.

“Environmentally sensitive areas” means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas.

“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.

“Experimental BMP” means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts.

“Experimental design adjustment” means an adjustment used for proposing new designs or methods which are different from those in the King County Surface Water Design Manual, and Federal Way Addendum which are not uniquely site specific, and for which data sufficient to establish functional equivalence do not exist.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.5.)

16.05.060 F definitions.

“Farm management plan” means a comprehensive site-specific plan developed by the farm owner in cooperation with the city taking into consideration the land owner’s objectives while protecting water quality and related natural resources.

“Federal Way Addendum to KCSWDM” means the companion document to the KCSWDM that adapts the KCSWDM for development applications in the city of Federal Way. This document can be obtained from the Federal Way public works department.

“FEMA” means the Federal Emergency Management Agency.

“Fertilizer” means any material or mixture used to supply one or more of the essential plant nutrient elements.

“Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements in compliance with the project’s engineering plan, to ensure compliance with the Federal Way Revised Code, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of financial security acceptable to or required by the director of public works. The terms “performance guarantee,” “drainage facilities restoration and site stabilization guarantee,” and “defect and maintenance guarantee” are considered subcategories of financial guarantee. The term “financial guarantee” replaces the term “bond” which had been used in prior editions of the King County Surface Water Design Manual.

“Flood fringe” means that portion of the floodplain outside of the floodway that is covered by floodwaters during the base flood; it is generally associated with standing water rather than rapidly flowing water.

“Floodplain” means the total area subject to inundation by the base flood including the flood fringe and floodway.

“Floodway” means the channel of the river or stream and those portions of the adjoining floodplains which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining floodplains which are considered to be “reasonably required” are defined by the city flood hazard regulations.

“Flow control facility” means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in Federal Way regulations. Flow control facilities are designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff a short period of time and then release it to the conveyance system.

“Forest land” means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. “Forest land” does not include agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to continue to use the land for agricultural purposes in the future. For small forest landowner road maintenance and abandonment planning only, the term “forest land” excludes the following:

(1) Residential home sites. A residential home site may be up to five acres in size, and must have an existing structure in use as a residence;

(2) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which appurtenances necessary to the production, preparation, or sale of crops, fruit, dairy products, fish, and livestock exist.

“Forest practice” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including, but not limited to, road and trail construction, harvesting, final and intermediate, pre-commercial thinning, reforestation, fertilization, prevention and suppression of diseases and insects, salvage of trees, and brush control. “Forest practice” shall not include: forest species seed orchard operations and intensive forest nursery operations; or preparatory work such as tree marking, surveying and road flagging; or removal or harvest of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber or public resources.

“Full drainage review” means the basic evaluation required by this title of a proposed project’s compliance with the full range of core and special requirements in the King County Surface Water Design Manual and Federal Way Addendum. This review addresses the impacts associated with adding new impervious surface and changing land cover on typical sites. Full drainage review is required for any proposed project that would not be eligible or subject to one of the drainage reviews which targets certain types of projects.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.6.)

16.05.070 G definitions.

“Grade n.,” means either the slope of a road, channel, or natural ground; or the finished surface of a canal bed, roadbed, top of embankment, bottom of excavation, or any surface prepared for the support of construction (such as paving or the laying of a conduit).

“Grade v.,” means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.7.)

16.05.080 H definitions.

“Harmful materials” means substances that may create a public nuisance or constitute a hazard to humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC (Dangerous Waste Regulations). “Harmful materials” also include substances that, when released into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies), Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington), Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).

“High-use site” means any one of the following:

(1) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area; or

(2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year, not including routinely delivered heating oil; or

(3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of 25 or more diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or

(4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.8.)

16.05.090 I definitions.

“Illicit discharge” means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems.

“Impervious surface” means a hard or compacted surface area which either prevents or retards the entry of water into the soil mantle compared to natural conditions prior to development, and includes a hard or compacted surface area which 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. Impervious surfaces include, but are not limited to, pavement, gravel, roofs, walkways, patios, driveways, parking lots, storage areas, concrete, asphalt, roads, packed earthen materials, oiled surfaces, macadam, and other surfaces which similarly impede the natural infiltration of surface or stormwater runoff. Open, uncovered flow control or water quality treatments facilities shall not be considered impervious surfaces. (See also “new impervious surface”).

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.9.)

16.05.100 J definitions.

Reserved.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.10.)

16.05.110 K definitions.

“King County Stormwater Pollution Prevention Manual (KCSPPM)” also described as the “BMP manual,” means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance.

“King County Surface Water Design Manual (KCSWDM)” means the manual (and supporting documents as appropriate) describing surface and stormwater design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface Water Design Manual will be available from the King County department of development and environmental services or the department of natural resources.

(Ord. No. 09-630, § 5, 10-20-09; Ord. No. 09-619, § 4, 7-21-09; Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.11.)

16.05.120 L definitions.

“Lake” means an area permanently inundated by water in excess of two meters (seven feet) deep and greater than 20 acres in size as measured at the ordinary high water mark.

“Landslide” means episodic downslope movement of a mass of soil or rock and includes but is not limited to rockfalls, slumps, mudflows, and earthflows.

“Leachable materials, wastes, or chemicals” means those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc.

“Low impact development (LID)” means a stormwater management strategy that emphasizes conservation and use of existing features integrated with distributed, small-scale stormwater controls to more closely mimic natural hydrologic patterns in residential, commercial, and industrial settings.

(Ord. No. 09-630, § 6, 10-20-09; Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.12.)

16.05.130 M definitions.

“Metals” means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental concern because they do not degrade over time. Although many are necessary nutrients, they are sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations.

“Mitigation” means the reduction of a potential impact by the use of any or all of the following actions that are listed in descending order of preference:

(1) Avoiding the impact altogether by not taking a certain action or part of an action;

(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

(3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area;

(4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development proposal;

(5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas;

(6) Monitoring the impact and taking appropriate corrective measures.

“Monitoring” means the collection and analysis of data by various methods for the purposes of understanding natural systems and features, evaluating the impacts of development proposals on the biological, hydrologic, and geologic elements of such systems, and assessing the performance of mitigation measures imposed as conditions of development.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.13.)

16.05.140 N definitions.

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

“National Pollutant Discharge Elimination System permit,” or “NPDES permit,” means an authorization, license, or an equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.

“Natural location” means the location of those channels, swales, and other non-manmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate.

“New impervious surface” means the addition of impervious surfaces or the addition of a more impervious surface, such as the paving of pre-existing dirt or gravel.

“Nutrient” means one of the essential chemicals needed by plants or animals for growth. Excessive amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some nutrients can be toxic at high concentrations.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.14.)

16.05.150 O definitions.

“Off-site flows” means runoff conveyed to a proposed project from adjacent properties.

“On-site” means the site that includes the proposed development (see “site”).

“Overtopping” means to flow over the limits of a containment or conveyance elements.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.15.)

16.05.160 P definitions.

“Pesticide” means any substance (usually chemical) used to destroy or control organisms; include herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are extracted from plants and animals.

“Pollution” means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life.

“Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff, including but not limited to surfaces, whether paved or not, that receive direct rainfall or the run-on or blow-in of rainfall and are regularly used either by motor vehicles or for the storage of erodible or leachable materials, wastes, or chemicals. Regularly used surfaces include roads, unvegetated road shoulders, bike lanes within the traveled lane of a roadway, driveways, parking lots, unfenced fire lanes, diesel equipment storage yards, and airport runways. Regularly used surfaces do not include road shoulders primarily used for emergency parking, paved bicycle pathways, bicycle lanes adjacent to unpaved or paved road shoulders primarily used for emergency parking, fenced fire lanes, and infrequently used maintenance access roads. Examples include covered parking areas if runoff from uphill could regularly run through them or if rainfall could regularly blow in and wet the pavement surface, as well as metal roofs unless they are treated to prevent leaching.

“Pollution-generating pervious surface” means a non-impervious surface with vegetative groundcover subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks, and sports fields.

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

“Project site” means that portion of a property or properties subject to proposed project improvements including those required by this title.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.16.)

16.05.170 Q definitions.

Reserved.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.17.)

16.05.180 R definitions.

“Receiving waters” means bodies of water or surface water systems receiving water from upstream manmade or natural systems.

Redevelopment.

For the purposes of determining water quality review requirements, “redevelopment” means, on an already developed site: the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city’s surface water systems; or land disturbing activities associated with the creation, repair, replacement, or addition of impervious surface.

For the purposes of determining flow control and other stormwater review requirements, the definition of “redevelopment project” identified in the KCSWDM applies.

“Regional retention/detention system” means a stormwater quantity control structure designed to prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment.

“Retention” means the process of collecting and holding surface and stormwater runoff with no surface outflow.

“Retention/detention facility (R/D)” means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater conveyance system.

“Run-on or blow-in of rainfall” means stormwater from uphill that could regularly run through an area, or rainfall that could regularly be blown in and wet the pavement surface.

(Ord. No. 09-630, § 7, 10-20-09; Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.18.)

16.05.190 S definitions.

“Scour” means erosion of channel banks due to excessive velocity of the flow of surface and stormwater runoff.

“Shoreline substantial development” is defined in RCW 90.58.030 except for those activities exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10).

“Single-family residential” means a project that constructs or modifies a single-family dwelling unit and/or makes related on-site improvements, such as driveways, roads, outbuildings, play courts, etc., or a project that creates single-family residential lots such as a plat or short plat.

“Site” means “subject property” as defined in FWRC Title 19, Zoning and Development Code.

“Site improvement plan” consists of all the plans, profiles, details, notes and specifications necessary to construct road, drainage structure, or off-street parking improvements. A “modified site improvement plan” means a limited or simplified site improvement plan used for some projects in targeted review or where major improvements are not proposed.

“Small site drainage review” means a simplified alternative to full drainage review for small residential building and subdivision projects that add between two and 10,000 square feet of new impervious surface. The core and special requirements applied under full drainage review are replaced with simplified small site requirements which can be applied by a non-engineer.

“Soil” means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants.

“Source control BMP” means a BMP intended to prevent contaminants from entering surface and stormwater and/or groundwater including the modification of processes to eliminate the production or use of contaminants. An example would be using less toxic alternatives to current products or sweeping parking lots instead of washing them. Source control BMPs can be either 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; for example, using a covered area or berm to prevent clean stormwater from entering a work area.

“State waste discharge permit” means an authorization, license, or an equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.

“Stormwater” means surface water.

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

“Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement.

“Stormwater System Operation and Maintenance Manual” means the manual adopted by reference and prepared by the city of Federal Way.

“Surface water” means water originating from rainfall and other precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.19.)

16.05.200 T definitions.

“Targeted drainage review” means an evaluation required by this title for certain types of proposed projects where drainage review is abbreviated to address only those requirements that would apply to those projects. Projects subject to this type of drainage review are typically small-site proposals or other small projects that have site-specific or project-specific drainage concerns that must be addressed by a licensed civil engineer or public works review staff.

“Toxic” means poisonous, carcinogenic, or otherwise directly harmful to life.

“Treatment BMP” means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet-settling basins.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.20.)

16.05.210 U definitions.

“Utility” means the Federal Way surface water management utility.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.21.)

16.05.220 V definitions.

“Vegetation” means all organic plant life growing on the surface of the earth.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.22.)

16.05.230 W definitions.

“Watershed” means the geographic region from which water drains toward a central collector such as a stream, river, lake, or salt water.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.23.)

16.05.240 X definitions.

Reserved.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.24.)

16.05.250 Y definitions.

Reserved.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.25.)

16.05.260 Z definitions.

Reserved.

(Ord. No. 09-593, § 22, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-1.26.)

16.05.270 Construction and intent.

(1) This title is enacted as an exercise of the city’s police powers, to protect and preserve the public health, safety, and welfare. Its provisions shall be exempt 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.

(2) This title is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this title. Further, nothing contained in this title is intended to be or shall be construed to create or form a basis for liability by the city, its officers, employees or agents for any injury or damage resulting from the failure of the person(s) responsible for the violation to comply with the provisions of this title or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this title by the city, its officers, employees or agents.

(3) It is not intended that this title repeal, abrogate, or impair any existing regulations, easements, covenants, or deed restrictions. However, where this title imposes greater restrictions, the provisions of this title shall prevail.

(4) When any provision of any other title of the Federal Way Revised Code conflicts with this title, the provision which provides greater environmental protection shall apply, unless specifically provided otherwise in this title.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-2.)

16.05.280 Interpretation.

The provisions of this title shall be held to be minimum requirements in their interpretation and application and shall be liberally construed to serve the purposes of this title.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-3.)

16.05.290 Administration and enforcement.

The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this title, may approve, conditionally approve or deny an application for regulated activities, and has the authority to administer and enforce this title and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this title or any such rule or regulation.

(Ord. No. 09-597, § 53, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-4.)

16.05.300 Purpose.

(1) The provisions of this title are intended to guide all who conduct new development or redevelopment within the city. The provisions of this title establish the minimum level of storm and surface water compliance which must be met to permit a property to be developed or redeveloped within the city.

(2) It is the purpose of this title to:

(a) Minimize water quality degradation and sedimentation in streams, ponds, lakes, wetlands and other water bodies.

(b) Minimize the impact of increased runoff, erosion and sedimentation caused by land development and maintenance practices.

(d) Minimize adverse impacts of alterations on ground and surface water quantities, locations and flow patterns.

(e) Decrease potential landslide, flood and erosion damage to public and private property.

(f) Promote site planning and construction practices that are consistent with natural topographical, vegetation and hydrological conditions.

(g) Maintain and protect the city stormwater management infrastructure and those downstream.

(h) Provide a means of regulating clearing and grading of private and public land while minimizing water quality impacts in order to protect public health and safety.

(i) Provide minimum development regulations and construction procedures which will preserve, replace or enhance, to the maximum extent practicable, existing vegetation to preserve and enhance the natural qualities of lands, wetlands and water bodies.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-5.)