Chapter 16.10
ADMINISTRATION AND ENFORCEMENT1
Sections:
16.10.050 Adoption of state statutes and regulations.
16.10.070 Entry into private facilities or on private property.
16.10.080 Inspection and maintenance records.
16.10.040 Purpose.
The provisions of this title are intended to:
(1) Provide standards and procedures for inspection and maintenance of stormwater facilities in Federal Way to provide for an effective, functional stormwater drainage system.
(2) Authorize the Federal Way public works department to require that stormwater facilities be operated, maintained and repaired in conformance with this title.
(3) Establish the minimum level of compliance which must be met.
(4) Guide and advise all who conduct inspection and maintenance of stormwater facilities.
(5) Prevent harmful materials from leaking, spilling, draining, or being dumped into any public or private stormwater system.
(Ord. No. 09-595, § 7, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-24.)
16.10.050 Adoption of state statutes and regulations.
The following state statutes and administrative regulations are hereby adopted by this reference as if set forth in full, to the extent necessary to interpret and implement this title:
(1) Chapter 43.20 RCW, Drinking Water.
(2) Chapter 70.95 RCW, Dangerous and Solid Waste.
(3) Chapter 70.105 RCW, Dangerous Waste, MTCA, Sediment Standards.
(4) Chapter 90.48 RCW, Ground Water, Surface Water, Sediment.
(5) Chapter 90.54 RCW, Ground Water.
(6) Chapter 90.70 RCW, Sediment.
(7) Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.
(8) Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.
(9) Chapter 173-216 WAC, State Waste Discharge Permit Program.
(10) Chapter 173-220 WAC, National Pollutant Discharge Elimination System Permit Program.
(11) Chapter 173-204 WAC, Sediment Management Standards.
(12) Chapter 173-303 WAC, Dangerous Waste Regulations.
(13) Chapter 173-304 WAC, Minimum Functional Standards for Solid Waste Handling.
(14) Chapter 173-340 WAC, The Model Toxics Control Act Cleanup Regulation.
(15) Chapter 246-290 WAC, Public Water Supplies.
(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-25.)
16.10.065 Inspection.
(1) Activities. All activities regulated by this title, except those exempted under FWRC 16.15.020, shall be inspected by the director or his or her designee(s). The director or designee shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed. Any applicant who has obtained the approval of the director under this title shall permit the director or designee access to the property, when requested, to permit the inspections required by this section.
(2) Stormwater facilities. The director shall develop and implement a regular inspection program, including a master inspection and maintenance schedule, for all public and private stormwater facilities in Federal Way. Inspections shall be no less frequently than annual. Inspections may be scheduled more frequently if determined by the director to be necessary for any reason. If, during the course of the inspection program, additional existing stormwater facilities are discovered, they shall be added to the master inspection and maintenance schedule.
(3) Water quality. The director or designee may inspect BMPs, examine surface and groundwater, or sample surface or groundwater as often as is necessary to determine compliance with this title.
(Ord. No. 09-597, § 56, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-16.)
16.10.070 Entry into private facilities or on private property.
As part of an inspection program, or whenever there is probable cause to believe a violation of this title exists or has occurred, the director or designee is authorized to inspect, during regular working hours and at other reasonable times, any public or private property regarding conditions relating to possible pollution of surface or groundwaters, as well as all public and private portions of the stormwater drainage systems within Federal Way, to determine compliance with this title. Prior to making any inspections of private facilities or on private property, the inspector shall present identification credentials, state the reason for the inspection and request entry. Whenever an on-site inspection of private property is made, the findings shall be recorded. A copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection findings.
(1) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
(2) If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates a risk of imminent harm to persons or property, the inspector may enter.
(3) If entry is not consented to by the owner or person(s) in control of the property or portion of the property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a provision of this title has been or is being violated.
(4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
(5) In the event any person, whose property has previously been provided with utility fee credits for on-site water quantity/quality control, refuses to allow the director to inspect said facility or commits a violation of this title, the director shall cancel the water quality/quantity credits for said property accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director’s decision on any such reconsideration shall be final and not subject to further appeal.
(6) In the event any person, whose property has previously been provided with a reduced intensity of development classification as the result of the existence of a detention facility on said property, refuses to allow the director to inspect said detention facility or commits a violation of this title, the director may adjust the intensity of development classification for said property and the billing rate for said property. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director’s decision on any such reconsideration shall be final and not subject to further appeal.
(Ord. No. 09-597, § 58, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Formerly 21-31. Code 2001 § 21-16.5.)
16.10.080 Inspection and maintenance records.
(1) Records for new facilities. Records of new public or private stormwater facilities shall include the following:
(a) As-built plans and locations.
(b) Findings of fact for any exemption granted by the city of Federal Way.
(c) Operations and maintenance requirements and records of inspections, maintenance actions and frequencies.
(d) Engineering reports, if prepared prior to or during construction of the facility.
(2) Records for existing facilities. Upon the request of the director, all owners of existing storm drainage systems shall provide the director with all inspection, maintenance and repair records for their facilities, as well as any existing record drawings or diagrams of their storm drainage systems.
(Ord. No. 09-597, § 59, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Formerly 21-32. Code 2001 § 21-16.6.)
16.10.090 Reporting.
The director shall report annually to the Federal Way city council about the status of the inspections. The annual report may include, but need not be limited to, the portions of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years.
(Ord. No. 09-597, § 60, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Formerly 21-33. Code 2001 § 21-16.7.)
Cross reference: City government, FWRC Title 2.