Chapter 16.35
OWNERSHIP, OPERATION, AND MAINTENANCE REQUIREMENTS

Sections:

16.35.010    Ownership of stormwater facilities.

16.35.020    Maintenance responsibility.

16.35.030    Minimum maintenance standards.

16.35.040    Disposal of waste from maintenance activities.

16.35.010 Ownership of stormwater facilities.

(1) Public stormwater facilities.

(a) Stormwater facilities in rights-of-way or dedicated easements or tracts. The city of Federal Way shall own, operate and maintain all elements of the storm drainage system in the right-of-way and in easements or tracts granted or dedicated to, and accepted by, the city of Federal Way.

(b) Existing stormwater facilities on private property. The city of Federal Way will not acquire or accept (via dedication, grant of easement, or other conveyance) existing components of the stormwater conveyance system located on private property, except when the components are needed for city of Federal Way construction projects identified in the capital facility plan or annual capital improvement program.

(c) New stormwater facilities. The city of Federal Way will accept ownership and responsibility for new retention/detention systems (via dedication, grant of easement, or other conveyance) only if all of the following conditions are met:

(i) Public ownership of the system will provide a public benefit;

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

(iii) The system meets city standards;

(iv) There is access for city of Federal Way maintenance from a public right-of-way;

(v) The city of Federal Way has adequate resources to maintain the system; and

(vi) The system serves a subdivision (as opposed to a short plat or commercial property).

(2) Private stormwater facilities. Stormwater systems located on private property shall be the responsibility of the owner to operate, inspect, maintain and improve.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-26.)

16.35.020 Maintenance responsibility.

(1) Generally. All stormwater facilities shall be maintained in accordance with this title and Appendix A and Chapter 6 of the KCSWDM. Drainage facilities shall be maintained so that they operate as intended. Systematic, routine preventive maintenance is preferred.

(2) Public stormwater facilities. The responsibility of the city of Federal Way shall be limited to maintenance and operation of the city of Federal Way stormwater system, and the city of Federal Way assumes no responsibility for maintenance and operation of private systems.

(3) Private stormwater facilities. Property owners are responsible for the maintenance, operation or repair of stormwater drainage systems and BMPs. Property owners shall maintain, operate and repair these facilities in compliance with the requirements of this title and Appendix A and Chapter 6 of the KCSWDM.

(4) New subdivisions and new short plats. In new subdivisions and short plats, maintenance responsibility for private drainage facilities shall be specified on the face of the subdivision or short plat.

(5) Existing subdivisions and existing short plats. If a private drainage facility serves multiple lots and the responsibility for maintenance has not been specified on the subdivision plat, short plat or other legal document, maintenance responsibility shall rest with the homeowners’ association, if one exists, or otherwise with the owners of the properties served by the facility. If owners of the properties served by the facility cannot be located, maintenance responsibility shall rest with the owner(s) of the property on which the facilities are located.

(Ord. No. 09-630, § 19, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-27.)

16.35.030 Minimum maintenance standards.

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

(1) All stormwater facilities shall be inspected at regular intervals and maintained and repaired in accordance with Appendix A and Chapter 6 of the KCSWDM, the approved designs for stormwater facilities, stormwater permits which may be issued by the city of Federal Way, the State Department of Ecology, or the Environmental Protection Agency (EPA), applicable construction standards, and the minimum requirements as stated in the stormwater management manual.

(2) Where maintenance and repair is necessary to correct health or safety problems, to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater system, such work shall be completed by the owner or operator of the stormwater system or stormwater facility within 24 hours of discovery of the need for maintenance or repair. When maintenance and repair is found necessary to prevent water quality degradation, such work shall be completed within 14 calendar days of discovery of the need for maintenance or repair. For other related problems, maintenance or repairs shall be completed within 30 calendar days of discovery or repair.

(3) Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.

(4) Should the public works director have reasonable cause to believe that the situation at a private stormwater facility is so adverse or hazardous so as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation; provided, that he or she shall first make a reasonable effort to locate the owner before acting. In such instances 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 bond pursuant to this title or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred.

(5) Illicit discharges to the stormwater system are prohibited, unless such discharges are authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System Program).

(6) Harmful and prohibited materials, as defined in this title, shall not be allowed to enter any stormwater system. All such substances shall be stored, handled and disposed in a manner that will prevent them from entering the stormwater system. Further, storage, handling and disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC.

(Ord. No. 09-630, § 20, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-28.)

16.35.040 Disposal of waste from maintenance activities.

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 for disposal of waste materials from stormwater maintenance activities, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-29.)