4-6-030 DRAINAGE AND WATER QUALITY (SURFACE WATER) STANDARDS:

A. PURPOSE:

1. The purpose of this Section is to preserve the City’s watercourses by minimizing water quality degradation from siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other bodies of water, protect property from increased runoff rates, and to ensure public safety.

2. It shall also be the purpose of this Section to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance groundwater recharge; and prevent water quality degradation through permit review, construction inspection, enforcement, maintenance of drainage facilities/systems, and stormwater pollution source control.

3. It shall also be the purpose of this Section to regulate the Municipal Separate Storm Sewer System (MS4) regarding the contribution of pollutants, consisting of any material other than stormwater, including but not limited to illicit discharges, illicit connections and/or dumping into any storm drain system, including surface and/or groundwater throughout the City that would adversely impact surface and groundwater quality of the City and the State of Washington, in order to comply with Clean Water Act obligations under RCW 90.48.260, designating the Washington State Department of Ecology (“Ecology”) as the state water pollution control agency for the Federal Clean Water Act (33 U.S.C. Section 1251 et seq.), and requirements of the National Pollutants Discharge Elimination System (NPDES) Phase II Municipal Stormwater Permit.

4. It shall also be the purpose of this Section to protect the quality of the City’s watercourses from the discharge of contaminants and the adverse impacts of stormwater runoff, by controlling pollutants at the source of discharge.

5. It shall also be the purpose of this Section to create attractive and functional drainage facilities that do not reduce public safety. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

B. ADMINISTERING AND ENFORCING AUTHORITY:

The Administrator of the Public Works Department or their designated representative(s) (“Public Works Administrator”) is responsible for the general administration and coordination of this Section. The Community and Economic Development Department (“Department”) is responsible for development permit administration which includes review and inspection as it pertains to this Section. All provisions of this Section shall be enforced by the Public Works Administrator. (Ord. 5526, 2-1-2010)

C. ADOPTION OF SURFACE WATER DESIGN MANUAL:

The Surface Water Design Manual, as it exists or may be amended, is adopted by reference by the City of Renton for consistency with the current version of the King County Surface Water Design Manual. The Surface Water Design Manual shall be filed with the City Clerk and available for viewing on the City’s website. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 6049, 12-13-2021; Ord. 6070, 6-13-2022)

D. DRAINAGE REVIEW APPLICABILITY:

Drainage review is required when a proposed project is subject to a City of Renton development permit or approval or is required as determined by the provisions of the Surface Water Design Manual. (Ord. 5526, 2-1-2010; Ord. 5676, 12-3-2012; Ord. 5828, 12-12-2016)

E. DRAINAGE REVIEW TYPES AND REQUIREMENTS:

1. Scope of Review: 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 the surface water and groundwater to facilitate the preparation and review of project applications. If drainage review for a proposed project is required, the City shall determine which of the following drainage reviews apply as specified in the Surface Water Design Manual:

a. Simplified drainage review (also known as small project drainage review);

b. Targeted drainage review;

c. Directed drainage review;

d. Full drainage review;

e. Large project drainage review.

2. Core Requirements: A proposed project required to have drainage review must meet each of the following core requirements which are described in detail in the Surface Water Design Manual. Projects subject only to small project drainage review (also known as residential building permit drainage review) that meet the small project drainage requirements specified in the Surface Water Design Manual, including flow control best management practices, erosion and sediment control measures, and drainage plan submittal requirements are deemed to comply with the following core requirements:

a. Core Requirement No. 1: discharge at the natural location;

b. Core Requirement No. 2: off-site analysis;

c. Core Requirement No. 3: flow control facilities;

d. Core Requirement No. 4: conveyance system;

e. Core Requirement No. 5: construction stormwater pollution prevention;

f. Core Requirement No. 6: maintenance and operations;

g. Core Requirement No. 7: financial guarantees and liability;

h. Core Requirement No. 8: water quality facilities; and

i. Core Requirement No. 9: on-site BMPs.

3. Special Requirements: A proposed project required to have drainage review shall meet any of the following special requirements which apply to the site and which are described in detail in the Surface Water Design Manual. The City shall verify if a proposed project is subject to and must meet any of the following special requirements:

a. Special Requirement No. 1: other area-specific requirements;

b. Special Requirement No. 2: flood hazard delineation;

c. Special Requirement No. 3: flood protection facilities;

d. Special Requirement No. 4: source control;

e. Special Requirement No. 5: oil control; and

f.  Special Requirement No. 6: aquifer protection area. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5828, 12-12-2016)

F

DRAINAGE REVIEW SUBMITTAL REQUIREMENTS:

Drainage reviews shall be submitted in accordance with the provisions of the Surface Water Design Manual.

G

DRAINAGE REVIEW AND APPROVAL OF PLAN:

1. Process: All engineering storm drainage plans and supportive calculations shall be prepared in accordance with the Surface Water Design Manual, and submitted to the Department for review and approval in connection with the associated development permits.

2. Fees: Fees shall be as listed in the City of Renton Fee Schedule on file with the City Clerk’s Office.

3. Additional Information: The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Department.

4. Tests: Whenever there is insufficient evidence of compliance with any of the provisions of this Section or Code, or evidence that any material or construction does not conform to the requirements of this Section or Code, the Public Works Administrator or designee may require tests as proof of compliance to be made at no expense to the City. Test methods shall be as specified by this Section or Code or by other test standards such as American Society of Testing and Materials (ASTM), American Public Works Association (APWA) specifications and standards, or compliant with requirements of the Surface Water Design Manual. If there are no recognized and accepted test methods to address compliance, the Public Works Administrator or designee shall determine test procedures. Suitable performance of the method or material may be evidence of compliance meeting the testing requirement.

H. CREATION OF TRACTS AND/OR EASEMENTS:

1. Method of Creation for City-Maintained Facility: Method of creation for City-maintained facility shall be consistent with the provisions of the Surface Water Design Manual.

a. Covenants, Conditions, and Restrictions: Covenants, conditions, and restrictions, which are approved by the Department, shall be recorded with the King County Recorder’s Office prior to or concurrent with recording the plat. The applicant shall provide a copy of the recorded document. These covenants shall specify, at a minimum, the following:

i. Ownership, maintenance, and repair for the commonly owned tract, landscaping, and facilities (excluding maintenance of the drainage facilities); and

ii. No modification of the tract or landscaping within the tract shall be allowed without the Department’s prior written approval.

iii. These covenants shall be irrevocable and binding on all the property owners, including their assigns, heirs, and successors.

b. Stormwater Easement: A stormwater easement shall be granted and conveyed to the City of Renton for the purpose of conveying, storing, managing, and facilitating storm and surface water. The easement shall grant the City the right to enter said stormwater easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage facilities in the stormwater tract.

2. Method of Creation for Privately Maintained Facility: Method of creation for privately maintained facilities shall be consistent with the provisions of the Surface Water Design Manual.

3. Transfer or Assumption of Facility Maintenance From Private Party to the City of Renton: As determined by City policy and procedures, the City may transfer or assume maintenance of the drainage facilities located within either an easement to the City or within a tract owned by a private party in ownership together with an easement to the City. See subsections M (Maintenance of Drainage Facilities) and N (City Assumption of Maintenance of Subdivision Facilities) of this Section for supplemental information.

I. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING:

1. Landscaping: Landscaping of drainage facilities shall be required, consistent with the provisions of the Surface Water Design Manual, and in compliance with requirements of RMC 4-4-070F8, Storm Drainage Facilities.

2. Fencing around New or Expanded Storm Drainage Ponds and Signage Required: Fencing around new or expanded storm drainage ponds shall be consistent with the provisions of the Surface Water Design Manual.

3. Maintenance of Existing Facilities Required: Owners of existing drainage facilities not maintained by the City are required to continue to maintain existing landscaping and fencing. Replacement of deteriorated fencing and failed plantings is required.

J. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL:

The July 2021 King County Stormwater Pollution Prevention Manual, hereby referred to as the “Stormwater Pollution Prevention Manual,” is hereby adopted by reference. One copy of the manual shall be filed with the City Clerk. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 6070, 6-13-2022)

K. STORMWATER POLLUTION SOURCE CONTROL AND DISCHARGE PROHIBITION:

1. Prohibition of Illicit Discharge: Materials, whether solids or liquids, other than surface water and stormwater shall not be spilled, leaked, emitted, discharged, disposed, or allowed to escape into the storm sewer and/or drain system, surface water, groundwater, or watercourses.

a. Examples of illicit discharge include but are not limited to the following:

i. Trash, debris, or garbage;

ii. Construction materials or wastewater;

iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil, or heating oil;

iv. Antifreeze, brake fluid, windshield cleaner, and other automotive products;

v. Metals in either particulate or dissolved form;

vi. Flammable or explosive materials or substances;

vii. Radioactive materials;

viii. Acids or batteries of any kind;

ix. Alkalis or bases;

x. Paints, stains, resins, lacquers, or varnishes;

xi. Degreasers, solvents, or chemicals used in laundries or dry cleaners;

xii. Drain cleaners;

xiii. Pesticides, herbicides, and fertilizers;

xiv. Steam cleaning wastes;

xv. Soaps, detergents, ammonias;

xvi. Swimming pool or spa cleaning wastewater and filter backwash containing water disinfectants (chlorine, bromine, or other chemicals);

xvii. Heated water;

xviii. Domestic animal waste;

xix. Sewage;

xx. Recreational vehicle wastewater or sewage;

xxi. Animal carcasses;

xxii. Food waste;

xxiii. Bark and other fibrous material;

xxiv. Collected lawn clippings, leaves, branches, or other yard waste material;

xxv. Silt, sediment, or gravel;

xxvi. Dyes, except as stated in subsection J1bxiii of this Section;

xxvii. Chemicals not normally found in uncontaminated water;

xxviii. Wastewater or process water (including filtered or purified);

xxix. Any pollution or contaminant as referenced in the Stormwater Pollution Prevention Manual;

xxx. Any pollution or contaminant resulting from inadequate implementation of Source Control BMPs; and

xxxi. Any hazardous material as defined in RMC 4-11-080, or waste not listed above, and any other process-associated discharge except as otherwise allowed in this Section. (Ord. 5828, 12-12-2016)

b. Allowable Discharges: The following types of discharges shall not be considered illicit discharges by this Section unless the Public Works Administrator evaluates and determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution of surface water or groundwater:

i. Diverted stream flows;

ii. Spring water;

iii. Rising groundwater;

iv. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20));

v. Uncontaminated pumped groundwater;

vi. Foundation and footing drains;

vii. Uncontaminated water from crawl space pumps;

viii. Air conditioning condensation;

ix. Flows from riparian habitats and wetlands;

x. Discharges from emergency firefighting activities in accordance with the Western Washington Phase II Municipal Stormwater Permit Section S2, Authorized Discharges;

xi. Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety;

xii. Irrigation water from an agricultural source that is commingled with stormwater runoff;

xiii. Storm system dye testing is allowable, but requires verbal notification during regular business hours to the Public Works Department Surface Water Maintenance Section, or their successor entity, at least one business day prior to the date of the test. The City is exempt from this requirement;

xiv. Non-stormwater discharges authorized by another NPDES or State Waste Discharge Permit. (Ord. 5828, 12-12-2016)

c. Conditionally Allowable Discharges: These discharges are allowed if the stated conditions are met, unless the Public Works Administrator determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause significant pollution to surface water or groundwater:

i. Discharges from potable water sources, including but not limited to water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments into the MS4;

ii. Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized through, at a minimum, public education activities and/or water conservation efforts;

iii. Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4;

iv. Street and sidewalk wash water, water used to control dust, and routine external building washdown that does not use detergents. The discharges shall be minimized through, at a minimum, public education activities and/or water conservation efforts;

v. Non-stormwater discharge permitted under another NPDES permit; provided, that the discharge is in full compliance with all requirements of the permit, waiver, or other applicable requirements and regulations;

vi. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of a pollution prevention plan reviewed by the Public Works Administrator, which addresses control of such discharges.

d. A person does not violate this subsection K if:

i. That person has properly designed, constructed, implemented, and is maintaining BMPs as required by this Chapter and Section, but contaminants continue to enter surface and stormwater and underground water;

ii. That person can demonstrate that there are no additional contaminants in discharges from the site above the background conditions of water entering the site; or

iii. The discharge is a result of an emergency response activity or other action that must be undertaken immediately or within a time too short to allow full compliance with this Chapter or Section in order to avoid an imminent threat to public health or safety. The Public Works Administrator by public rule may specify actions that qualify for this exemption in City procedures. A person undertaking emergency response activities shall take steps to assure that the discharges resulting from such activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence.

e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this subsection K or the Stormwater Pollution Prevention Manual, through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges, that allow contaminants to enter surface and stormwater or groundwater, shall be in violation of this Section.

2. Prohibition of Illicit Connections: The construction, use, maintenance, or continued existence of any connection identified by the Public Works Administrator, that does, or is likely to, convey any pollution or contaminants or anything not composed entirely of surface water and stormwater, directly into the MS4, is prohibited, including without limitation existing illicit connections regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5676, 12-3-2012)

3. Stormwater Pollution Source Control: BMPs described in the Stormwater Pollution Prevention Manual shall be implemented and maintained for any business or residential activity that might result in prohibited discharges as specified in this subsection or as determined necessary by the Public Works Administrator. In applying the Stormwater Pollution Prevention Manual for Stormwater Pollution Source Control, the Public Works Administrator shall first require the implementation of nonstructural source control BMPs. If these are not sufficient to prevent contaminants from entering surface water, stormwater, or groundwater, the responsible official shall require implementation of structural source control BMPs and/or treatment BMPs. The City will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options to persons required to comply with this requirement.

4. Remedy:

a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall initiate and complete actions necessary to remedy the effects of such connection or discharge at no cost to the City.

b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or illicit discharge in a timely manner, the Public Works Administrator is authorized to implement abatement actions following lawful entry upon the property. Such actions may include, but not be limited to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples; cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property owner and/or other person responsible for the release of an illicit discharge shall be responsible for any costs incurred by the Public Works Department or its authorized agents in the conduct of such remedial actions and shall be responsible for City expenses incurred due to the illicit connection or illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC 1-3-3, Nuisances.

c. Compliance with this subsection shall be achieved through the implementation and maintenance of BMPs described in the Stormwater Pollution Prevention Manual. In implementing this Code Section, the Public Works Administrator shall initially rely on education and informational assistance to gain compliance with this subsection. Enforcement actions shall be implemented when education and technical assistance measures are unsuccessful at protecting the public interest or when a person is found to have willfully caused stormwater runoff to contaminate the watercourses of the City. If the Public Works Administrator determines that a violation poses a hazard to public health, safety, or welfare, endangers any property and/or other property owned or maintained by the City, such violation shall be addressed through immediate penalties. The Public Works Administrator may demand immediate cessation of illicit discharges and assess penalties for violations that are an imminent or substantial danger to the health or welfare of persons or danger to the environment. (Ord. 5676, 12-3-2012; Ord. 5749, 1-12-2015)

5. Elimination of Illicit Connection and/or Illicit Discharge and Prevention of Stormwater Pollution:

a. Notice of Violation: Whenever the Public Works Administrator finds that a person has violated a prohibition or failed to meet a requirement of this Section, he or she may order compliance by written notice of violation to the property owner and/or responsible person, by first class and certified mail with return receipt requested. Such notice may require without limitation:

i. The performance of monitoring, analyses, and reporting by the violator;

ii. The elimination of illicit connections or discharges;

iii. That violating discharges, practices, or operations shall immediately cease and desist;

iv. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

v. The implementation of source control or treatment BMPs. Any person responsible for a property or premises which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system and/or waters of the State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit.

b. Requirement to Eliminate Illicit Connection: The Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit connection, informing the property owner or person responsible for an illicit connection to the MS4 that the connection must be terminated by a specified date.

c. Requirement to Eliminate Illicit Discharges: The Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for the illicit discharge, informing the property owner or person responsible for an illicit discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date.

d. Requirement to Implement Source Control BMPs: If education and outreach measures are unsuccessful in resulting in the implementation of source control BMPs for a business or residential activity that might result in prohibited discharges, the Public Works Administrator shall send a written notice, sent by first class and certified mail with return receipt requested, to the property owner and/or the person responsible for implementing source control BMPs, informing the property owner or person responsible for implementation of source control BMPs that the source control BMPs must be implemented by a specified date.

e. Sample and Analysis: When the Public Works Administrator has reason to believe that an illicit connection is resulting in an illicit discharge, the Public Works Administrator may sample and analyze the discharge and recover the cost of such sampling and analysis from the property owner or person responsible for such illicit connection or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing monitoring at that person’s expense.

f. Right of Appeal From Administrative Decision: Any person aggrieved by an administrative decision of the Public Works Administrator may appeal such decision pursuant to RMC 4-8-110.

g. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3-3B19. (Ord. 5676, 12-3-2012)

6. Reporting Requirements:

a. In the event of an illicit discharge or spill of hazardous material into the stormwater drainage system or waters of the City, State of Washington, or United States, said person with knowledge thereof shall immediately notify the emergency dispatch services (911).

b. In the event of an illicit discharge of nonhazardous material into the stormwater drainage system or waters of the City, State of Washington, or United States, said person with knowledge thereof shall immediately notify/report the Public Works Department Surface Water Maintenance Section.

7. Record Retention Required: All persons subject to the provisions of this Section shall retain and preserve for no less than five (5) years any records, books, documents, memoranda, reports, correspondence, and any and all summaries relating to operation, maintenance, monitoring, sampling, remedial actions, and chemical analysis made by or on behalf of a person in connection with any illicit connection or illicit discharge. All records which pertain to matters which are the subject of administrative or any other enforcement or litigation activities brought by the City pursuant to this Code shall be retained and preserved by the person until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 5873, 1-8-2018)

8. Limitations of Liability: The primary obligation of compliance with this subsection is placed upon the person holding title to the property. Nothing contained in this Chapter is intended to be or shall be construed to create or form a basis for liability for the City, its officers, employees, or agents for any injury or damage resulting from the failure of the person holding title to the property to comply with the provisions of this subsection, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this subsection by the City, its officers, employees, or agents.

L. BONDS AND LIABILITY INSURANCE:

Required bonds and liability insurance shall be consistent with the provisions of the Surface Water Design Manual. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015)

M. MAINTENANCE OF DRAINAGE FACILITIES:

1. Drainage Facilities Accepted by the City of Renton for Maintenance:

a. Responsibility for Maintenance of Accepted Facilities: The City of Renton is responsible for maintenance, including performance and operation of drainage facilities that have formally been accepted by the Public Works Administrator. The City will also maintain any chain link fence surrounding accepted drainage facilities if the fencing is required per subsection I of this Section. All landscaped areas, wooden fencing, or fencing constructed for a purpose other than safety within the tract must be maintained by the owner(s) of the tract.

b. City Assumption of Maintenance Responsibility for Existing Facilities: The City of Renton may assume maintenance of privately maintained drainage facilities, including the perimeter fencing, after the expiration of the two (2) year maintenance period in connection with the subdivision of land if the following conditions have been met:

i. All of the requirements of subsection E of this Section have been fully complied with;

ii. The facilities have been inspected by the Public Works Administrator and any defects or repairs have been corrected and approved by the Department prior to the end of the two (2) year maintenance period;

iii. All necessary easements entitling the City to properly maintain the facility have been conveyed to the City;

iv. The facility is constructed on a plat with public streets and located on tracts or easements dedicated to the City; and

v. It is recommended by the Public Works Administrator and concurred in by the City Council that said assumption of maintenance would be in the best interests of the City.

c. Facilities Not Eligible for Transfer of Maintenance Responsibility: A drainage facility which does not meet the criteria of this subsection 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.

2. Drainage Facilities Not Accepted by the City for Maintenance:

a. 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 Surface Water Design Manual and remain responsible for any liability as a result of these duties. This responsibility includes maintenance of a drainage facility which is:

i. Under a two (2) year maintenance bond period;

ii. Serving a private road;

iii. Located within and serving only one single-family residential lot;

iv. Located within and serving a multi-family, commercial site, industrial, or mixed use property site; or

v. Not otherwise accepted by the City for maintenance.

b. A Declaration of Covenant as specified in the Surface Water Design Manual shall be recorded. 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.

i. 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, with interest and including the cost of labor, benefits, materials, time, and any other related costs or fees, which shall be considered incurred expenses for the purposes of Chapter 1-3 RMC (Remedies and Penalties). 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 Recorder’s Office.

ii. The City may enforce the restrictions set forth in the Declaration of Covenant provided in the Surface Water Design Manual.

3. Separate Conveyance System Required for Off-Site Drainage: Drainage structures, such as vaults or ponds, must be located within a dedicated tract. Off-site areas that naturally drain onto the project site must be intercepted at the natural drainage course within the project site and conveyed in a separate conveyance system and must bypass on-site stormwater facilities. Separate conveyance systems that intercept off-site runoff and are located on private property must be located in a drainage easement that may be dedicated to the City if the City deems it appropriate. (Ord. 5745, 1-12-2015)

4. Maintenance of Landscaping and Other Improvements Located in the Drainage Facility/Landscaping Tract: The owner(s) of the tract shall maintain the landscaping and other improvements installed within the tract. All improvements to the drainage facility/landscaping tract, including landscaping, shall require the submittal of a landscape and/or recreation plan approved by the City.

5. Other Cases: Where not specifically defined in this subsection, the responsibility for performance, operation, and maintenance of drainage facilities and conveyance systems shall be determined by the Public Works Administrator on a case-by-case basis. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015)

N. CITY ASSUMPTION OF MAINTENANCE OF SUBDIVISION FACILITIES:

The City may assume maintenance of subdivision drainage facilities with public streets, after inspection, approval, and acknowledgment of the proper posting of bonds specified in subsection L of this Section. In order for the City to assume such maintenance, the person who constructed and/or received approval to construct drainage facilities pursuant to this Section must reassess the facilities and/or plans so constructed and/or approved and demonstrate, to the Public Works Administrator’s satisfaction, compliance with all requirements of this Section. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)

O. INSPECTION, INVESTIGATION, AND SAMPLING:

The Public Works Administrator may lawfully enter property to inspect drainage facilities and conduct or direct on-site source control inspections at institutional, commercial, and industrial properties with pollutant-generating activities pursuant to RCW 90.48.090.

1. The Public Works Administrator shall be permitted to lawfully enter and inspect sites subject to regulation under this Chapter to determine compliance with the requirements of the regulations at all reasonable hours for the purpose of inspections, samplings, or records examination. The Public Works Administrator shall have the right to set up on the property necessary devices to conduct sampling, inspection, compliance monitoring, and/or metering actions in support of compliance inspections.

2. If the premises or portion thereof is occupied, the Public Works Administrator shall make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and seek entry. Proper ingress and egress shall be provided to the Public Works Administrator.

3. The Public Works Administrator shall notify the responsible party in writing of failure to comply with this access requirement. The responsible party shall respond and comply with a lawful request for entry within seven (7) days from the receipt of notification. The Public Works Administrator may use all legal means to order the work required completed or otherwise address the cause of improper access including, but not limited to, performing emergency work or obtaining a warrant of abatement. The obligation for the payment of all costs that may be incurred or expended by the City in causing the work to be done shall thereby be imposed on the person holding title to the subject property.

4. If the responsible party fails to maintain the facilities, prevent pollution of stormwater, or implement source control best management practices, the Public Works Administrator may take such actions as may be required to enforce the provisions of this section.

5. Within thirty (30) days of receiving an inspection report from the City, the property owner or operator shall file with the City a plan and time schedule to implement any required modifications to the site or to the monitoring plan needed to achieve compliance with the intent of this section. This plan and time schedule shall also implement all of the requirements of the City. (Ord. 5828, 12-12-2016)

P. ADJUSTMENT:

Adjustments shall be consistent with the provisions of the Surface Water Design Manual. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

Q. VARIANCE:

If complying with the Surface Water Design Manual will deny all reasonable use of a property, a variance to the requirements in the Surface Water Design Manual may be requested in accordance with the variance process defined in RMC 4-9-250. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

R. SEVERABILITY:

If any provision, subsection, sentence, clause, or phrase of this Section or the application thereof to any person or circumstances is held invalid, the remaining portions of this Section and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)

S. VIOLATIONS OF THIS SECTION AND PENALTIES:

A violation of any of the provisions of this Section shall be a civil infraction pursuant to Chapter 1-10 RMC.

(Ord. 3174, 11-21-1977; Ord. 4269, 5-21-1990; Ord. 4351, 5-4-1992; Ord. 4367, 9-14-1992; Ord. 4722, 5-11-1998; Ord. 4740, 7-19-1999; Ord. 4851, 8-7-2000; Ord. 5132, 4-4-2005; Ord. 5153, 9-26-2005; Ord. 5159, 10-17-2005; Ord. 5450, 3-2-2009; Ord. 5478, 8-3-2009; Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016; Ord. 6034, 11-15-2021; Ord. 6074, 7-18-2022)