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Title 13
UTILITIESChapters:
13.05 Water Pollution
13.10 Surface Water Management Code
13.15 Storm and Surface Water Rates
Chapter 13.05
WATER POLLUTIONSections:
13.05.005 Purpose.
13.05.015 Definitions.
13.05.025 Discharges into Newcastle waters.
13.05.035 Best management practices.
13.05.045 Administration.
13.05.050 Enforcement.
13.05.060 Hazards.
13.05.080 Civil penalties for water quality.
13.05.090 Construction – Intent.
13.05.100 Violation – Penalty.
13.05.005 Purpose.
The purpose of this chapter is to protect the city’s surface and groundwater quality by providing minimum requirements for reducing and controlling the discharge of contaminants. The city council recognizes that water quality degradation can result either directly from one discharge or through the collective impact of many small discharges. Therefore, this chapter prohibits the discharge of contaminants into surface and stormwater and groundwater, and outlines preventive measures to restrict contaminants from entering such waters. These measures include the implementation of best management practices (BMPs) by the residents of the city of Newcastle.
The city council finds this chapter is necessary to protect the health, safety and welfare of the residents of the city of Newcastle and the integrity of the city’s resources for the benefit of all by minimizing or eliminating water quality degradation; preserving and enhancing the suitability of waters for recreation, fishing, and other beneficial uses; and preserving and enhancing the aesthetic quality and biotic integrity of the water. The city council recognizes that implementation of this chapter is required under the federal Clean Water Act, 33 U.S.C. 1251 et seq. In meeting the intent of the Clean Water Act the city council also recognizes the importance of maintaining economic viability while providing necessary environmental protection and believes this chapter helps achieve both goals. (Ord. 30 § 1 Exh. A, 1994).
13.05.015 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “AKART” means an acronym for “all known, available, and reasonable methods of prevention, control, and treatment.” AKART shall represent the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge. The concept of AKART applies to both point and nonpoint sources of pollution.
B. “Best management practices” or “BMPs” mean the best available and reasonable physical, structural, managerial, or behavioral activities, that when used singly or in combination, eliminate or reduce the contamination of surface and/or groundwaters.
C. “Chapter” means this chapter and any administrative rules and regulations adopted to implement this chapter.
D. “Clean Water Act” means 33 U.S.C. 1251 et seq., as amended.
E. “City” means the city of Newcastle.
F. “Department” means the city of Newcastle department of community development.
G. “Director” means the director of the Newcastle department of community development, other department directors specified in enforcement procedures established pursuant to this chapter, or any duly authorized representatives of such directors.
H. “Discharge” means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted or poured into water.
I. “Drainage facility” means the system that collects, conveys, and stores surface and stormwater runoff. Drainage facilities shall include but not be limited to all surface and stormwater conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities and other drainage structures and appurtenances, both natural and artificial.
J. “Farm management plan” means a comprehensive site-specific plan developed by the farm owner in cooperation with the King County conservation district taking into consideration the land owner’s objectives while protecting water quality and related natural resources.
K. “Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in Chapter 222-16 WAC.
L. “Groundwater” means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves.
M. “National pollutant discharge elimination system” or “NPDES” means the national program for controlling pollutants from point source discharges directly into waters of the U.S. under the Clean Water Act.
N. “National pollutant discharge elimination system permit” means an authorization, license, or equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program.
O. “Person” means an individual, their agents or assigns; municipality; political subdivision; government agency; partnership; corporation; business; or any other entity.
P. “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. 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, building a covered storage area. A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices; for example, using less toxic alternatives to current products or sweeping parking lots.
Q. “State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.
R. “Stormwater BMP manual” or “manual” means the manual and supporting documents as appropriate describing best management practices, design, maintenance, procedures, and guidance which has been approved by the Newcastle city council.
S. “Surface and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.
T. “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. 30 § 1 Exh. A, 1994).
13.05.025 Discharges into Newcastle waters.
A. Prohibited Discharges.
1. It is unlawful for any person to discharge any contaminants into surface and stormwater, groundwater or Puget Sound. Contaminants include, but are not limited to, the following:
a. Trash or debris;
b. Construction materials;
c. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
d. Antifreeze and other automotive products;
e. Metals in either particulate or dissolved form;
f. Flammable or explosive materials;
g. Radioactive material;
h. Batteries;
i. Acids, alkalis, or bases;
j. Paints, stains, resins, lacquers, or varnishes;
k. Degreasers and/or solvents;
1. Drain cleaners;
m. Pesticides, herbicides, or fertilizers;
n. Steam cleaning wastes;
o. Soaps, detergents, or ammonia;
p. Swimming pool backwash (diatomaceous earth);
q. Chlorine, bromine, and other disinfectants;
r. Heated water;
s. Domestic animal wastes;
t. Sewage;
u. Recreational vehicle waste;
v. Animal carcasses;
w. Food wastes;
x. Bark and other fibrous materials;
y. Collected lawn clippings, leaves, or branches;
z. Silt, sediment, or gravel;
aa. Dyes (except as stated in subsection (C)(1) of this section);
bb. Chemicals, not normally found in uncontaminated water;
cc. Any hazardous material or waste, not listed above.
2. Unlawful Connections. Any connection, identified by the director, that could convey anything not composed entirely of surface and stormwater directly to surface and stormwater or groundwater is considered an unlawful connection and is prohibited with the following exceptions: connections conveying allowable discharges, connections conveying discharges pursuant to an NPDES permit (other than a NPDES stormwater permit) or a state waste discharge permit, and connections conveying effluent from on-site sewage disposal systems to subsurface soils.
B. Allowable Discharges. The following types of discharges shall not be considered prohibited discharges for the purpose of this chapter unless the director of the department of community development determines that the type of discharge, whether singly or in combination with others, is causing significant contamination of surface and stormwater or groundwater:
1. Potable water;
2. Potable water line flushing;
3. Uncontaminated water from crawl space pumps or footing drains;
4. Lawn watering;
5. Residential car and boat washing;
6. Dechlorinated swimming pool water;
7. Materials placed as part of an approved habitat restoration or bank stabilization project;
8. Natural uncontaminated surface water or groundwater;
9. Flows from riparian habitats and wetlands;
10. The following discharges from boats: engine exhaust, cooling waters, effluent from sinks, showers and laundry facilities and treated sewage from Type I and Type II marine sanitation devices; and
11. Other types of discharges as determined by the director of the department of community development.
C. Exceptions.
1. Dye testing is allowable but requires verbal notification to the department of community development at least one day prior to the date of test; provided, however, the Seattle-King County health department is exempt from this requirement.
2. If a person has properly designed, constructed, implemented and is maintaining BMPs, and is carrying out AKART as required by this chapter and in the stormwater BMP manual, and contaminants continue to enter surface and stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site; that person shall not be in violation of subsection (A) of this section. Such person however, is still liable for prohibited discharges through unlawful connections, dumping, spills, improper maintenance of BMPs, or other discharges that allow contaminants to enter surface and stormwater or groundwater.
3. Emergency response activities or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter, to avoid an imminent threat to public health or safety, shall be exempt from this section. The director of the department of community development may specify actions that qualify for this exception in city procedures. The person responsible for emergency response activities should take steps to ensure that the discharges resulting from such activities are minimized to the greatest extent possible. In addition, this person shall evaluate BMPs and the site plan, where applicable, to restrict recurrence. (Ord. 30 § 1 Exh. A, 1994).
13.05.035 Best management practices.
A. Best Management Practices.
1. The city council understands that the King County surface water management division is developing a stormwater best management practices manual. The manual shall present BMPs and procedures for existing facilities and activities and for new development activities not covered by the city’s surface water design manual. The manual shall describe the types of regulated activities; the types of contaminants generated by each activity, and the contaminants’ effect on water quality; the required source control BMPs and available treatment BMPs, including information on design and maintenance; experimental BMPs; and a schedule for BMP implementation.
2. Once the manual is completed, the city council will review and may adopt the manual as the city’s BMP manual. If adopted, the director will be charged with the implementation of the manual.
3. In applying the BMP manual, the director shall first require that implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the director may require implementation of treatment BMPs, utilizing AKART. The city will provide available technical assistance, materials and information on outside financial assistance options to persons required to comply with this chapter.
B. Exemptions.
1. Persons implementing BMPs through another federal, state or local program will not be required to implement the BMPs prescribed in the city’s manual, unless the director determines the alternative BMPs to be ineffective at reducing the discharge or contaminants. If the other program requires the development of a plan, the person shall make their plan available to the city upon request. Persons who qualify for exemptions include, but are not limited to, persons who are:
a. Required to obtain a general or individual NPDES permit for stormwater discharges from the Washington State Department of Ecology;
b. Implementing and maintaining, as scheduled, a King County conservation district-approved farm management plan;
c. Permitted under a Washington State Department of Ecology NPDES general or individual permit for commercial dairy operations;
d. Implementing BMPs in compliance with the city’s zoning ordinance development standards: animals, home occupation, home industry;
e. Implementing BMPs in compliance with the management program of the county’s municipal NPDES permit;
f. Engaged in forest practices, with the exception of Class IV, and Class IVA special general forest practices. This section will apply to Class IV general forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or where the activity is taking place in areas designated by the Washington State Department of Natural Resources as “lands with a likelihood of future conversion”; or regulatory authority is otherwise provided to local government by RCW 76.09.240; or
g. Identified by the director of the department of community development as being exempt from this section.
2. Persons conducting normal single-family residential activities will not be required to implement the BMPs prescribed in the city’s manual, unless the director determines that these activities pose a hazard to public health, safety, or welfare; endanger any property; or adversely affect the safety and operation of city right-of-way, utilities, and/or other property owned or maintained by the city. The city council intends to consider the application of BMPs to single-family residential activities after completion of the stormwater BMP manual. (Ord. 30 § 1 Exh. A, 1994).
13.05.045 Administration.
The director is authorized to promulgate and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions of this chapter. The director will coordinate the implementation and enforcement of this chapter with relevant departments of King County government as well as neighboring cities. (Ord. 30 § 1 Exh. A, 1994).
13.05.050 Enforcement.
A. The director is authorized to carry out enforcement actions pursuant to the enforcement and penalty provisions of the city’s enforcement ordinance. The director is authorized to enforce against prohibited discharges resulting from unlawful connections and intentional acts, such as dumping, immediately upon the effective date of the ordinance codified in this chapter. The director will be authorized to enforce against all other prohibited discharges upon the effective date of the stormwater BMP manual.
B. The director shall gain compliance with this chapter by requiring the implementation of BMPs and, when necessary, AKART. The director shall initially rely on education and informational assistance as much as possible to gain compliance with this chapter, unless the director determines a violation is a result of a flagrant act that should be addressed through immediate penalties or poses a hazard as defined in the hazards section (NMC 13.05.060).
C. The director shall develop and implement additional enforcement procedures. These procedures shall indicate how the city will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures.
D. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
1. The director may observe best management practices or examine or sample surface and stormwater or groundwater as often as may be necessary to determine compliance with this chapter. Whenever an inspection of a property is made, the findings shall be recorded and a copy of the inspection report 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 report.
2. When the director has reason to believe that any person is violating this chapter, the director may require the violator to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. If the violator is required to complete this sampling and analysis, a copy of the analysis shall be provided to the department of community development.
E. In addition to any other penalty or method of enforcement, the prosecuting attorney may bring actions for injunctive or other relief to enforce this chapter. (Ord. 30 § 1 Exh. A, 1994).
13.05.060 Hazards.
Whenever the director determines that any violation of this chapter poses a hazard to public health, safety and operation of city right-of-way utilities, and/or other property owned or maintained by the city, the person holding title to the subject property, and/or other person or agent in control of said property, upon receipt of notice in writing from the director shall within the period specified therein address the cause of the hazardous situation in conformance with the requirements of this chapter.
Notwithstanding any other provisions of this chapter, whenever it appears to the director that conditions covered by this chapter exist requiring immediate action to protect the public health and/or safety, the director is authorized to enter at all times in or upon any such property, public or private, for the purpose of inspecting and investigating such emergency conditions. The director may without prior notice order the immediate discontinuance of any activity leading to the emergency condition. Failure to comply with such order shall constitute a misdemeanor as specified in the city’s enforcement ordinance. (Ord. 30 § 1 Exh. A, 1994).
13.05.080 Civil penalties for water quality.
The enforcement provisions for water quality are intended to encourage compliance with this chapter. To achieve this, violators will be required to take corrective action and comply with the requirements of this chapter, and may be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to the unlawful action.
A. The provisions in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law.
B. Any person in violation of this chapter shall be subject to civil penalties assessed as follows:
1. An amount reasonable determined by the director to be equivalent to the economic benefit the violator derives from the violation as measured by: the greater of the resulting increase in market value of the property or business value received by the violator, or savings of construction or retrofitting costs realized by the violator performing any act in violation of this chapter; and
2. An amount, not to exceed $25,000, that is reasonable based upon the nature and gravity of the violation and the cost to the city of enforcing this chapter against the violator.
C. Any person who, through an act of commission or omission, aids or abets in a violation shall be considered to have committed the violation for the purposes of the civil penalty.
D. Each violator is jointly and severally liable for a violation of this chapter. The director may take enforcement action, in whole or in part, against any violator. The decisions whether to take enforcement action, what type of action to take, and which person to take action against, are all entirely within the director’s discretion. Factors to be used in taking such enforcement actions shall be:
1. Awareness of the violation;
2. Ability to correct the violation;
3. Cooperation with government agencies;
4. Degree of impact or potential threat to water or sediment quality, human health, or the environment.
E. In the event more than one person is determined to have violated the provisions of this chapter, all applicable civil penalties may be imposed against each person, and recoverable damages, costs, and expenses may be allocated among the persons on any equitable basis. Factors that may be considered in determining an equitable allocation include:
1. Awareness of a violation;
2. Ability to correct the violation;
3. Ability to pay damages, costs, and expenses;
4. Cooperation with government agencies;
5. Degree of impact or potential threat to water or sediment quality, human health, or the environment.
F. Penalties may be reduced based upon one or more of the other following mitigating factors:
1. The person responded to city attempts to contact the person and cooperated with efforts to correct the violation;
2. The person showed due diligence and/or substantial progress in correcting the violation; or
3. An unknown person was the primary cause of the violation.
Payment of a monetary penalty pursuant to this chapter does not relieve the person of the duty to correct the violation.
F. All civil penalties recovered during the enforcement of this chapter shall be deposited into the surface water management fund and shall be used for the protection of surface and stormwater or groundwater as set forth in this chapter, through education or enhanced implementation. (Ord. 30 § 1 Exh. A, 1994).
13.05.090 Construction – Intent.
This chapter is enacted as an exercise of the city’s power to protect and preserve the public health, safety and welfare. Its provision shall be exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter 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 chapter.
The primary obligation of compliance with this chapter 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, the department, 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 chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter by the city, department, its officers, employees or agents. (Ord. 30 § 1 Exh. A, 1994).
13.05.100 Violation – Penalty.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof punished pursuant to general city ordinance. (Ord. 28 § 2, 1994).
Chapter 13.10
SURFACE WATER MANAGEMENT CODE*Sections:
13.10.010 Scope.
13.10.020 Purposes.
13.10.030 Definitions.
13.10.040 Surface water design manual adopted.
13.10.050 Copy to be available.
13.10.060 Drainage review.
13.10.070 Drainage review – Requirements.
13.10.080 Critical drainage and/or erosion areas.
13.10.090 Engineering plans for the purposes of drainage review.
13.10.100 Construction timing and final approval.
13.10.110 Notification to tribes.
13.10.120 Liability insurance required.
13.10.130 Financial guarantees authorized.
13.10.140 Drainage facilities accepted for maintenance.
13.10.150 Drainage facilities not accepted for maintenance.
13.10.160 Hazards.
13.10.170 Administration.
13.10.180 Enforcement.
13.10.190 Liberal construction.
* Prior legislation: Ords. 22, 29 and 99-192.
13.10.010 Scope.
Compliance with the standards in this chapter and the King County Surface Water Design Manual does not necessarily mitigate all probable and significant environmental impacts to aquatic biota. Fishery resources and other living components of aquatic systems are affected by a complex set of factors. While employing a specific flow control standard may prevent stream channel erosion or instability, other factors affecting fish and other biotic resources (such as increases in stream flow velocities) are not directly addressed by the King County Surface Water Design Manual. Thus, compliance with the King County Surface Water Design Manual should not be construed as mitigating all probable and significant storm water impacts, and additional mitigation may be required to protect aquatic biota in streams and wetlands. (Ord. 99-207 § 1).
13.10.020 Purposes.
The council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of storm and surface waters and erosion control, especially that which preserves and utilizes the many values of the city’s natural drainage system including open space, fish and wildlife habitat, recreation, education and urban separation. The council also finds that the city shall conduct programs to reduce flooding, erosion, and sedimentation; prevent and mitigate habitat loss; enhance ground water recharge; and prevent water quality degradation through the implementation of comprehensive and thorough permit review, construction inspection, enforcement, and maintenance in order to promote the effectiveness of the requirements contained in this chapter. (Ord. 99-207 § 1).
13.10.030 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Adjustment” means a department-approved variation in the application of the requirements of NMC 13.10.070 and the surface water design manual to a particular project in accordance with NMC 13.10.070(C). The term “adjustment” replaces “variance” which had been used in prior editions of the surface water design manual.
B. “Applicant” means a property owner or a public agency or public or private utility which owns a right-of-way or other easement or has been adjudicated the right to such an easement in an eminent domain proceeding, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
C. “Basin” means a drainage area which drains either to Lake Washington, Coal Creek, or May Creek.
D. “Basin plan” means a plan and all implementing regulations and procedures including, but not limited to, capital projects, public education activities and land use management adopted by ordinance for managing storm and surface water management facilities and features within individual subbasins.
E. “Closed depression” means an area which is low-lying and either has no, or such a limited, surface water outlet that during storm events the area acts as a retention basin, with more than 5,000 square feet at overflow elevation.
F. “Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch (other than routine maintenance, repair, or emergency modifications, and excluding driveway culverts installed as part of single-family residential building permits) that either serves to concentrate previously unconcentrated storm and surface water runoff, or serves to increase, decrease and/or redirect the conveyance of storm and surface water runoff.
G. “Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain and provide for the flow of storm and surface water 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.
H. “Department” means the department of public works.
I. “Development” means any activity that requires a permit or approval including, but not limited to, a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, planned unit development, binding site plan, site plan review, site development permit or right-of-way use permit.
J. “Director” means the director of the department of public works, or any duly authorized representative of the city of Newcastle.
K. “Drainage” means the collection, conveyance, containment and/or discharge of storm and surface water runoff.
L. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats storm and surface water runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.
M. “Drainage review” means an evaluation by city staff of a proposed project’s compliance with the drainage requirements in the King County Surface Water Design Manual.
N. “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.
O. “Financial guarantee” means a form or financial security posted to ensure timely and proper completion of improvements, to ensure compliance with this chapter, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposits, surety bonds and/or other forms of financial security acceptable to the director. For the purposes of this chapter, the terms “performance guarantee,” “maintenance guarantee” and “defect guarantee” are considered subcategories of “financial guarantee.”
P. “Flow control facility” means a drainage facility designed to mitigate the impacts of increased storm and surface water runoff generated by site development pursuant to the drainage requirements in this chapter. 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 for a short period of time and then release it to the conveyance system.
Q. “Full drainage review” means the basic evaluation required by NMC 13.10.060 for any proposed project that:
1. Adds 5,000 square feet or more of new impervious surface.
2. Is located in a landslide hazard area or erosion hazard area as mapped in the city’s storm and surface water comprehensive plan and as defined in Chapters 18.06 and 18.24 NMC or as defined by special studies and adds 2,000 square feet or more of new impervious surface.
3. Is a redevelopment project which creates 5,000 square feet or more of contiguous pollutant-generating impervious surface through any combination of new and/or replaced impervious surface, and whose valuation of proposed improvements – including interior improvements – exceeds 50 percent of the assessed value of the existing site.
R. “High-use site” means a commercial, industrial or road intersection site that generates a higher than average number of vehicle turnovers or has other characteristics that generate the potential for chronic oil accumulation. High-use sites include:
1. Commercial or industrial sites subject to:
a. An expected daily traffic count greater than 100 vehicles per 1,000 square feet of gross building area;
b. Petroleum storage or transfer in excess of 1,000 gallons per year, not including routine fuel oil storage or transfer;
c. Use, storage or maintenance of a fleet of 25 or more diesel vehicles, each weighing over 10 tons.
2. Road intersections with average daily traffic counts of 25,000 vehicles or more on the main roadway and 15,000 or more vehicles on any intersecting roadway (excluding pedestrian or bicycle use improvement projects).
S. “Hydraulically connected” means connected through surface flow or water features such as wetlands or lakes.
T. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard 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. Common impervious surfaces include, but are not limited to, roofs; walkways; patios; driveways; parking lots; storage areas; areas which are paved, graveled or made of packed or oiled earthen materials; or other surfaces which similarly impede the natural infiltration of storm and surface water. Open uncovered flow control or water quality treatment facilities shall not be considered as impervious surfaces.
U. “Improvement” means streets (with or without curbs or gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers, drainage facilities, street trees and other appropriate items.
V. “Lake management plan” means a plan describing the lake management recommendations and requirements adopted by public rule for managing water quality within individual lake basins.
W. “Large site drainage review” means the evaluation required by NMC 13.10.060 for any proposed project that:
1. Has a planned urban development (PUD) land use designation in the comprehensive plan land use map;
2. Would, at full buildout of the project site, result in 50 acres or more of new impervious surface within a drainage subbasin or a number of subbasins hydraulically connected across subbasin boundaries;
3. Is on a site of 50 acres or more within the recharge area of a sole-source aquifer designated by the federal Environmental Protection Agency and depicted as such on the areas highly susceptible to ground water contamination map adopted as part of the comprehensive plan.
X. “Licensed civil engineer” means a person registered with the state of Washington as a professional engineer in civil engineering.
Y. “Master drainage plan” means a comprehensive drainage control plan intended to prevent significant adverse impacts to the natural and constructed drainage system, both on- and off-site.
Z. “New impervious surface” means the addition of a hard or compacted surface such as pavement, gravel, dirt, or roofs, or the addition of a more compacted surface such as the paving of pre-existing dirt or gravel.
AA. “Pollution-generating impervious surface” means an impervious surface considered to be a significant source of pollutants in storm and surface water runoff. Such surfaces include those subject to vehicular use or storage of erodible or leachable materials, wastes or chemicals and which receive direct rainfall or the run-on or blow-in of rainfall. Thus, a covered parking area would be included if runoff from uphill could regularly run through it or if rainfall could regularly blow in and wet the pavement surface. Metal roofs are also considered pollution-generating impervious surfaces unless they are treated to prevent leaching.
BB. “Pollution-generating pervious surface” means a nonimpervious surface with vegetative ground cover 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.
CC. “Preapplication” means the meeting(s) and/or form(s) used by applicants for some development permits to present initial project intentions to the department of community development or its successor agency. Preapplication does not mean application.
DD. “Predeveloped” means undeveloped forested conditions for any proposed new development project. For any redevelopment project, existing site conditions depend on what, if any, land conversion activity has occurred on the site since May 1979, when King County first required flow control on developments adding more than 5,000 square feet of new impervious surface. If a drainage plan has been approved by the county since May 1979 for any land conversion activity which includes the addition of more than 5,000 square feet of new impervious surface, then existing site conditions are those created by the site improvements and drainage facilities constructed per the approved engineering plans. Otherwise, existing site conditions are those that existed prior to May 1979 as determined from aerial photographs and, if necessary, on knowledge of individuals familiar with the area. The intent is to mitigate unaddressed impacts created by site alterations or improvements, such as clearing, which have occurred since May 1979.
EE. “Project” means any proposed action to alter or develop a site which may also require drainage review.
FF. “Project site” means the portion of a site subject to proposed project activities, alterations and improvements including those required by this chapter.
GG. “Redevelopment project” means a project that proposes to add, replace and/or alter impervious surface for purposes other than routine maintenance, resurfacing, regrading, or repair on a site that is already substantially developed (35 percent or more existing impervious surface coverage).
HH. “Replaced impervious surface” means any existing impervious surface proposed to be removed down to bare soil or base course, and replaced with pollution-generating impervious surface, excluding impervious surface removed for the sole purpose of installed utilities.
II. “Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water.
JJ. “Shared facility” means a drainage facility designed to meet one or more of the requirements of NMC 13.10.070 for two or more separate projects contained within a basin. Shared facilities usually include shared financial commitments for those drainage facilities.
KK. “Small site drainage review” means a simplified alternative to full drainage review required by NMC 13.10.060 allowed for sites with less than one acre of land-disturbing activity with proposed single-family residential projects or small subdivision projects that add or replace 10,000 square feet or less of new impervious surface.
LL. “Site” means the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from the city to carry out a development activity including any drainage improvements required by this chapter.
MM. “Subbasin” means a drainage area which drains to a watercourse or water body named and noted on common maps and which is contained within a basin.
NN. “Storm and surface water” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow ground water.
OO. “Surface water design manual” means the King County Surface Water Design Manual (and supporting documents as appropriate) describing storm and surface water design and analysis requirements, procedures and guidance which has been formally adopted by the city under NMC 13.10.040.
PP. “Targeted drainage review” means an abbreviated evaluation required by NMC 13.10.060 for certain types of proposed projects which are not subject to full or large site drainage review. Targeted drainage review may be required for some projects in small site drainage review.
QQ. “Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in storm and surface water runoff. Water quality treatment facilities are the structural component of best management practices (BMPs). When used singly or in combination, water quality facilities reduce the potential for contamination of surface and/or ground waters. (Ord. 2001-247 § 2; Ord. 99-207 § 1).
13.10.040 Surface water design manual adopted.
The city adopts the 1998 King County Surface Water Design Manual, as currently existing and as may be subsequently amended, as the surface water design manual for the city. The city may create and adopt amendments to the manual as necessary. If any inconsistencies exist between the requirements in this chapter and the surface water design manual, the requirements in this chapter shall apply. (Ord. 99-207 § 1).
13.10.050 Copy to be available.
One copy of the 1998 King County Surface Water Design Manual, as amended, shall be available in the office of the city clerk for use and examination by the public. (Ord. 99-207 § 1).
13.10.060 Drainage review.
A. When Required. A drainage review is required when any proposed project is subject to a city development permit or approval and the proposed project:
1. Would add or replace 5,000 square feet or more of impervious surface;
2. Would construct or modify a drainage pipe/ditch that is 12 inches or more in size or depth or receives storm and surface water runoff from a drainage pipe/ditch that is 12 inches or more in size or depth;
3. Contains or is adjacent to a floodplain, stream, lake, wetland or closed depression, or a sensitive area as defined in Chapter 18.06 NMC excluding seismic, coal mines and volcanic hazard areas;
4. Is located within a landslide hazard area or erosion hazard area as mapped in the city’s comprehensive plan and as defined in Chapters 18.06 and 18.24 NMC or as defined by special studies and would add 2,000 square feet or more of new or replaced impervious surface;
5. Is located within a critical drainage area;
6. Is a project site of a single-family residence, or a small subdivision, with less than one acre of land-disturbing activity that adds or replaces less than 5,000 square feet of impervious surface. These projects shall comply with the following small parcel requirements, as detailed in the Washington Department of Ecology’s Stormwater Management in Washington State, Volume 1, Technical Requirements, August 1999 (Draft):
a. These projects shall develop and implement a construction stormwater pollution prevention plan (SWPPP);
b. These projects shall apply small site requirements for water quality treatment and flow control;
7. Is a multifamily or nonresidential project site with less than one acre of land-disturbing activity that adds or replaces less than 5,000 square feet of impervious surface. These projects shall comply with the following small parcel requirements, as detailed in the Washington Department of Ecology’s Stormwater Management in Washington State, Volume 1, Technical Requirements, August 1999 (Draft):
a. These projects shall develop and implement a construction stormwater pollution prevention plan (SWPPP);
b. All known, available and reasonable source control BMPs shall be applied to these projects;
c. These projects shall apply small site requirements for water quality treatment and flow control;
8. Is a project site of a single-family residence, or a small subdivision, with less than one acre of land-disturbing activity that adds or replaces 5,000 square feet or more of impervious surface. These projects shall comply with the following small parcel requirements, as detailed in the Washington Department of Ecology’s Stormwater Management in Washington State, Volume 1, Technical Requirements, August 1999 (Draft):
a. These projects shall prepare a storm water site plan for local government review;
9. Is a redevelopment project in which the total of new plus replaced impervious surfaces is 5,000 square feet or more, and whose valuation of proposed improvements – including interior improvements – exceeds 50 percent of the assessed value of the existing site. These projects shall comply with the following large parcel minimum requirements, as detailed in the Washington Department of Ecology’s Stormwater Management in Washington State, Volume 1, Technical Requirements, August 1999 (Draft):
a. All new redevelopment shall develop and implement a construction stormwater pollution prevention plan (SWPPP);
b. All known, available and reasonable source control BMPs shall be applied to these projects;
10. Is a redevelopment project that would create 5,000 square feet or more of new impervious surface, and whose valuation of proposed improvements – including interior improvements – exceeds 50 percent of the assessed value of the existing site. These projects shall comply with the following large parcel minimum requirements, as detailed in the Washington Department of Ecology’s Stormwater Management in Washington State, Volume 1, Technical Requirements, August 1999 (Draft):
a. All new redevelopment shall develop and implement a construction stormwater pollution prevention plan (SWPPP);
b. Natural drainage patterns shall be maintained, and discharges from the site shall occur at the natural location, to the maximum extent practicable. The manner by which runoff is discharged from the project site must not cause a significant adverse impact to downgradient receiving waters;
c. All known, available and reasonable source control BMPs shall be applied to these projects;
d. Treatment BMPs shall be sized to treat runoff from the water quality design storm, defined as the 24-hour rainfall amount with a six-month return frequency;
e. Storm water discharges to streams shall match developed discharge durations to predeveloped durations for the range of predeveloped discharge rates from 50 percent of the two-year peak flow up to the full 50-year peak flow. In addition, the developed peak discharge rates shall not exceed the predeveloped peak discharge rates for two- and 10-year return periods;
f. Discharges to wetlands shall maintain the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated uses;
g. Development projects subject to this subsection shall submit an off-site analysis report that assesses the potential off-site water quality, erosion, and drainage impacts associated with the project and that proposes appropriate mitigation of those impacts;
h. Adopted and implemented watershed-based plans may be used to require equivalent or more stringent minimum requirements for source control, treatment, and wetlands protection, and alternative requirements for flow control;
i. An operation and maintenance schedule that is consistent with city standards shall be provided for all proposed storm water facilities and BMPs, and the party (or parties) responsible for maintenance and operation shall be identified.
B. Type of Drainage Review. The drainage review for any proposed project shall be targeted to the scope of the project’s size, type of development and potential for impacts to the regional surface water system to facilitate preparation and review of project applications. If drainage review for a proposed project is required by NMC 13.10.060(A), the department shall determine which of the following drainage reviews apply as specified in the surface water design manual:
1. Small site drainage review;
2. Targeted drainage review;
3. Full drainage review;
4. Large site drainage review. (Ord. 99-207 § 1).
13.10.070 Drainage review – Requirements.
A. Core Requirements. Every permit or approval application with drainage review required by NMC 13.10.060 must meet each of the following core requirements which are described in detail in the surface water design manual:
1. Core Requirement #1: Discharge at the Natural Location. All storm and surface water runoff from a project shall be discharged at the natural location so as not to be diverted onto, or away from, downstream properties. The manner in which runoff is discharged from the project site shall not create a significant adverse impact to downhill properties or drainage systems as specified in the discharge requirements of the surface water design manual.
2. Core Requirement #2: Off-Site Analysis. The initial application submittal for proposed projects shall include an off-site analysis report that assesses potential off-site drainage impacts associated with development of the proposed site and proposes appropriate mitigations to those impacts. This initial submittal shall include, at minimum, a Level One downstream analysis as described in the surface water design manual. If impacts are identified, the proposed projects shall meet any applicable problem-specific requirements as specified in the surface water design manual.
3. Core Requirement #3: Flow Control. Proposed projects shall provide flow control facilities to mitigate the increased storm and surface water runoff generated by the addition of 5,000 square feet or more of new or replaced (meeting the drainage review threshold for redevelopment projects in NMC 13.10.060) impervious surface and any related land-cover conversion. These facilities shall meet the area-specific flow control requirements and the flow control implementation requirements applicable to the project site as specified in the surface water design manual. Projects subject to area-specific flow control requirements shall meet one of the performance criteria listed below as directed by the surface water design manual:
a. Level One: Match the predeveloped site’s peak discharge rates for the two-year and 10-year return periods;
b. Level Two: Match the predeveloped site’s discharge durations for the predeveloped peak discharge rates between 50 percent of the two-year peak flow through the 50-year peak flow;
c. Level Three: Meet Level Two criteria and also match the predeveloped site’s peak discharge rate for the 100-year return period.
All proposed projects within the city limits would be subject to Level Two flow control requirements at a minimum, as specified in the surface water design manual, unless a more stringent Level Three flow control standard is required. All proposed projects within the Lake Boren Basin would be subject to Level Three flow control requirements.
4. Core Requirement #4: Conveyance System. All engineered conveyance system elements for proposed projects shall be analyzed, designed and constructed to provide the minimum level of protection against overtopping, flooding, erosion and structural failure as specified by the conveyance requirements for new and existing systems and conveyance implementation requirements described in the surface water design manual.
5. Core Requirement #5: Erosion and Sediment Plan. All proposed projects that will clear, grade, or otherwise disturb the site shall provide erosion and sediment control (ESC) that prevents, to the maximum extent possible, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied in accordance with Chapter 14.15 NMC.
6. Core Requirement #6: Maintenance and Operation. Maintenance of all drainage facilities in compliance with city maintenance standards is the responsibility of the applicant/property owner as described in the surface water design manual, except those facilities for which the city is granted an easement or covenant and assumes maintenance and operation as described in the surface water design manual.
7. Core Requirement #7: Financial Guarantees and Liability. All drainage facilities constructed or modified for projects, except downspout infiltration and dispersion systems for single-family residential lots, must comply with the liability requirements of NMC 13.10.120 and the financial guarantee requirements of NMC 13.10.130.
8. Core Requirement #8: Water Quality. Proposed projects shall provide water quality treatment facilities to treat polluted storm and surface water runoff generated by the addition and/or replacement of 5,000 square feet or more of pollution-generating impervious surface or one acre or more of pollution-generating pervious surface; however, pervious surfaces are specifically excluded if there is a good faith agreement with the King Conservation District to implement a farm management plan for agricultural uses, and pervious areas for other uses are specifically excluded if the department of community development or its successor agency approves a landscape management plan that controls pesticides and fertilizers leaving the site. These facilities shall meet the area-specific water quality treatment requirements and the water quality implementation requirements applicable to the project site as specified in the surface water design manual. At a minimum, the facilities shall reduce pollutant loads by meeting the applicable annual average performance goals listed below for 95 percent of the annual average runoff volume:
a. Basic water quality: Remove 80 percent of the total suspended solids;
b. Sensitive lake protection: Remove 50 percent of the total phosphorus;
c. Resource stream protection: Remove 50 percent of the total zinc;
d. Sphagnum bog protection: Remove 50 percent of the total phosphorus and 40 percent of the total nitrate plus nitrite. The discharge shall maintain a pH of less than 6.5 and an alkalinity of less than 10 milligrams per liter.
All proposed projects in the May Creek Basin shall meet resource stream protection performance goals and all projects draining to Lake Boren shall meet sensitive lake protection performance goals, as specified in the surface water design manual.
B. Special Requirements. Every proposed project required by NMC 13.10.060 to have drainage review shall meet all of the following special requirements which apply to the site and which are described in detail in the surface water design manual. The department shall verify if a proposed project is subject to and meets any of the special requirements:
1. Special Requirement #1: Other Adopted Area-Specific Requirements. If a proposed project is in a designated critical drainage area, or is in an area included in an adopted master drainage plan, basin plan, lake management plan or shared facility plan, then the proposed project shall meet the applicable drainage requirements of the critical drainage area, master drainage plan, basin plan, lake management plan or shared facility plan.
2. Special Requirement #2: Floodplain/ Floodway Delineation. If a proposed project contains or is adjacent to a stream, lake, wetland or closed depression, or if other city regulations require study of flood hazards, then the 100-year floodplain boundaries (and floodway if available or if improvements are proposed within the 100-year floodplain), based on an approved flood hazard study as described in the surface water design manual, shall be delineated on the site improvement plans and profiles, and on any final subdivision maps prepared for the proposed project.
3. Special Requirement #3: Flood Protection Facilities. If a proposed project contains or is adjacent to a Class 1 or 2 stream that has an existing flood protection facility (such as levees, revetments and berms), or proposes to construct a new, or modify an existing, flood protection facility, then the flood protection facilities shall be analyzed and/or designed as specified in the surface water design manual to conform with the Federal Emergency Management Administration regulations (44 Code of Federal Regulations [CFR]).
4. Special Requirement #4: Source Control. If a proposed project requires a commercial building or commercial site development permit, then water quality source controls shall be applied to prevent rainfall and runoff from coming into contact with pollutants to the maximum extent possible. Water quality source controls shall be applied in accordance with Chapter 13.05 NMC. All structural source controls shall be identified on the site improvement plans and profiles or final maps prepared for the proposed project.
5. Special Requirement #5: Oil Control. If a proposed project is a high-use site or is a redevelopment project proposing $100,000 or more of improvements to an existing high-use site, then oil control shall be applied to all runoff from the high-use portion of the site as specified in the surface water design manual.
C. Adjustment.
1. An adjustment to the requirements contained in this section and/or other requirements in the surface water design manual may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter; and provided, that granting the adjustment shall:
a. Produce a compensating or comparable result in the public interest;
b. Meet this chapter’s objectives of safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment.
2. If meeting the provisions of subsection (C)(1)(a) of this section will deny reasonable use of a property, the best practicable alternative shall be obtained as determined by the director according to the adjustment process defined in the surface water design manual.
3. Requests for adjustments which may be in conflict with the requirements of any other city department shall require review and concurrence with that department.
4. Requests for adjustments shall be processed in accordance with procedures specified in the surface water design manual. (Note that the adjustment concept has been termed “variance” in earlier editions of the surface water design manual).
5. The city may require monitoring of experimental designs and technology or untested applications proposed by the applicant in order to determine compliance with subsection (C)(1)(a) of this section and the approved plans and conditions.
6. The applicant may appeal an adjustment decision by following the appeal procedures as specified in the surface water design manual. (Ord. 99-207 § 1).
13.10.080 Critical drainage and/or erosion areas.
Development in areas where the department has determined that the existing flooding, drainage and/or erosion conditions present an imminent likelihood of harm to the welfare and safety of the surrounding community shall meet special drainage requirements set by the director until such time as the community hazard is alleviated. Areas within the city limits draining directly to Lake Washington shall be subject to such requirements. Such conditions may include the limitation of the volume of discharge from the subject property to predevelopment levels, preservation of wetlands or other natural drainage features, or other controls necessary to protect against community hazard. Where alternate facility designs or methods will produce a compensating or comparable result in the public interest and which will meet this section’s objectives of safety, function, appearance, environmental protection and maintainability, based upon sound engineering judgment, an adjustment to the special drainage requirements promulgated under this section may be proposed; provided, that the resulting development shall be subject to all of the remaining terms and conditions of this chapter.
Where application of this section will deny all reasonable use of a property and a facility or design that produces a compensating or comparable result cannot be obtained, then a best practicable alternative may be obtained, to be determined by the director according to the adjustment process defined in the surface water design manual. (Ord. 99-207 § 1).
13.10.090 Engineering plans for the purposes of drainage review.
A. Where To Submit.
1. All engineering plans shall be submitted to the department of community development or its successor agency for review in accordance with the surface water design manual for either storm and surface water capital improvement, repair, maintenance or restoration projects or other government agency projects that are linear in shape, such as roadways, railways, pipelines, utility lines and trails. If engineering plans are returned for any reason, they shall be returned to the applicant.
2. All master drainage plans, if required, shall be submitted to the department of community development or its successor agency for review in accordance with the specifications in the surface water design manual. The master drainage plan process should commence at the same time as the State Environmental Policy Act (SEPA) process.
3. Project applicability and compliance with NMC 13.10.070 shall be documented in writing and made available for review.
B. Expiration. The expiration time frames as specified in the surface water design manual shall apply to all permit and approval applications.
C. Processing. All plans shall be processed in accordance with the review procedures specified in the surface water design manual.
D. Contents. All submittal procedures, definitions and specifications for the required contents of engineering plans are presented in the surface water design manual. (Ord. 99-207 § 1).
13.10.100 Construction timing and final approval.
A. No work for a permitted development related to permanent or temporary storm drainage control shall proceed without the approval of the director.
B. Erosion and sediment control measures associated with both the interim and permanent drainage systems shall be:
1. Constructed in accordance with the approved plan prior to any grading or land clearing other than that associated with an approved erosion and sediment control plan;
2. Satisfactorily sequenced and maintained until all improvements, restoration, and landscaping associated with the permit and/or for the project are completed, and the potential for on-site erosion has passed.
C. Prior to the construction of any improvements and/or buildings on the site, those portions of the drainage facilities necessary to accommodate the control of storm and surface water runoff discharging from the site shall be constructed and in operation. (Ord. 99-207 § 1).
13.10.110 Notification to tribes.
The city recognizes that many actions undertaken pursuant to this chapter may impact treaty fishing rights of federally recognized tribes. In order to honor and prevent interference with these treaty fishing rights and to provide for water quality and habitat preservation, the city shall provide notice to any federally recognized tribes whose treaty fishing rights would be affected by an action undertaken pursuant to this title whenever review of such actions is required under the State Environmental Policy Act (SEPA). (Ord. 99-207 § 1).
13.10.120 Liability insurance required.
The applicant required to construct the drainage facility pursuant to this chapter shall maintain a combined single limit per occurrence liability policy in the amount established annually by the city, which shall name the city as an additional insured and protect the city from liability relating to the construction or maintenance of the facility until construction approval or acceptance for maintenance, whichever occurs last. Proof of this required liability policy shall be provided to the director prior to commencing construction of any drainage facility. If this liability insurance is not kept in effect as required, the city may initiate enforcement action pursuant to NMC Title 4. (Ord. 99-207 § 1).
13.10.130 Financial guarantees authorized.
The department is authorized to require all applicants issued permits or approvals under the provisions of this chapter to post financial guarantees consistent with the provisions of this section.
A. Drainage Facilities Restoration and Site Stabilization Bond. Prior to commencing construction, the person required to construct the drainage facility pursuant to this chapter shall post a drainage facilities restoration and site stabilization bond in the amount sufficient to cover the cost of corrective work on or off the site which is necessary to provide adequate drainage, stabilize and restore disturbed areas, and remove sources of hazard associated with work which has been performed and is not completed. After determination by the director that all facilities are constructed in compliance with approved plans, the drainage facilities restoration and site stabilization bond shall be released. The city may collect against the drainage facilities restoration and site stabilization bond when work is not completed in a manner consistent with the requirements of this chapter or is found to be in violation of the conditions associated with the permit and/or approval. It is the director’s discretion to determine whether the site is in violation of the requirements of this chapter, and whether the bond shall be collected to remedy the violation. Prior to final approval and release of the drainage facilities restoration and site stabilization bond, the department shall conduct a comprehensive inspection for the purpose of observing that the retention/detention facilities and other drainage facilities have been constructed according to plan, applicable specifications and standards.
B. Defect and Maintenance Bond. After satisfactory completion of the drainage facility or final plat approval, whichever occurs last, the person required to construct the facility pursuant to this chapter shall post a defect and maintenance bond warranting the satisfactory performance and maintenance of the drainage facility and guaranteeing the workmanship and materials used in the construction of the facility for a period of two years. For drainage facilities for which the city may assume maintenance, the defect and maintenance bond shall be posted for a period of two years or until the city assumes maintenance, whichever is longer. The director shall not release the defect and maintenance bond until all inspection fees are paid.
C. Failure To Complete Proposed Work. In the event of failure to comply with all the conditions and terms of the permit and/or approval covered by this chapter, the director shall notify the permittee and surety in writing, and to obtain response within seven days from the receipt of notification, may order the work required to be satisfactorily completed or perform all necessary corrective work to stabilize and restore disturbed areas and eliminate hazards caused by not completing the work. The surety executing such bond shall continue to be firmly bound up to the limits of the bond, under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In no event shall the liability of the surety exceed the amount stated in the bond regardless of the number of years the bond remains in force. (Ord. 99-207 § 1).
13.10.140 Drainage facilities accepted for maintenance.
A. The city is responsible for the maintenance, including performance and operation, of drainage facilities which have formally been accepted for maintenance by the director.
B. The city may assume maintenance of privately maintained drainage facilities only if the following conditions have been met:
1. All necessary easements or dedications entitling the city to properly maintain the drainage facility have been conveyed to the city.
2. The director has determined that the facility is in the dedicated public road right-of-way or that maintenance of the facility will contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
a. Flooding;
b. Downstream erosion;
c. Property damage due to improper function of the facility;
d. Safety hazard associated with the facility;
e. Degradation of water quality or in-stream resources; or
f. Degradation to the general welfare of the community.
3. The director has declared in writing acceptance of maintenance responsibility by the city. Copies of this document will be kept on file in the department.
C. The director may terminate the department’s assumption of maintenance responsibilities in writing after determining that continued maintenance will not significantly contribute to protecting or improving the health, safety and welfare of the community based upon review of the existence of or potential for:
1. Flooding;
2. Downstream erosion;
3. Property damage due to improper function of the facility;
4. Safety hazard associated with the facility;
5. Degradation of water quality or in-stream resources;
6. Degradation to the general welfare of the community.
Copies of this document will be kept on file in the department.
D. A drainage facility which does not meet the criteria of this section shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. 99-207 § 1).
13.10.150 Drainage facilities not accepted 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 department and remain responsible for any liability as a result of these duties. This responsibility includes but is not limited to maintenance of a drainage facility which is:
1. Under a maintenance guarantee or defect guarantee;
2. A private road conveyance system;
3. Located within and serving only one single-family residential lot;
4. Located within and serving a multifamily or commercial site unless the facility is part of an approved shared facility plan;
5. Located within or associated with an administrative or formal subdivision which handles runoff from an area of which less than two-thirds is designated for detached or townhouse dwelling units located on individual lots unless the facility is part of an approved shared facility plan;
6. Previously terminated for assumption of maintenance responsibilities by the department in accordance with NMC 13.10.140;
7. Not otherwise accepted by the city for maintenance.
B. Prior to the issuance of any of the permits and/or for any multifamily or commercial project required to have a flow control or water quality treatment facility, the applicant shall record a declaration of covenant as specified in the surface water design manual. 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.
1. In the event that the titleholders do not effect such maintenance and/or repairs, the city may perform such work upon due notice. The titleholders are required to reimburse the city for any such work. The restrictions set forth in such covenant shall be included in any instrument of conveyance of the subject property and shall be recorded with the King County department of records.
2. The city may enforce the restrictions set forth in the declaration of covenant provided in the surface water design manual.
C. Prior to the issuance of any of the permits and/or approvals for the project or the release of financial guarantees posted to guarantee satisfactory completion, the person or persons holding title to the subject property for which a drainage facility was required shall pay a fee as determined by the department to reasonably compensate the city for costs relating to inspection of the facility to ensure that it has been constructed according to plan and applicable specifications and standards.
D. The duties specified in this section with regard to payment of inspection fees and reimbursement of maintenance costs shall be enforced against the person or persons holding title to the property for which the drainage facility was required.
E. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of drainage facilities and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 99-207 § 1).
13.10.160 Hazards.
Whenever the director determines that any existing construction site, erosion and sedimentation problem, and/or drainage facility poses a hazard to life and limb, endangers any property, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of city rights-of-way, utilities, and/or other property owned or maintained by the city, the director shall notify in writing the applicant/person to whom the permit was issued pursuant to NMC 13.10.060, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property. Said person, upon receipt of notice in writing from the director and within the period specified therein, shall repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.
Should the director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the director may take the measures necessary to eliminate the hazardous situation; provided, that the director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to NMC 13.10.060, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other city requirement has been posted, the director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 99-207 § 1).
13.10.170 Administration.
A. Administration.
1. The director is authorized to promulgate and adopt administrative rules for the purpose of implementing and enforcing the provisions of this chapter. Adopted administrative rules are available to the public from the department.
2. The director is authorized to develop procedures for applying adopted rules and regulations during the review of permit applications for the development of land. These procedures may also be contained in the surface water design manual.
B. Inspections. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
C. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities or whenever the director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director may enter such premises at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and demand entry.
D. Access. Proper ingress and egress shall be provided to the director to inspect, monitor or perform any duty imposed upon the director by this chapter. The director shall notify the responsible party in writing of failure to comply with this access requirement. Failing to obtain a response within seven days from the receipt of notification, the director may order the work required completed or otherwise address the cause of improper access. The obligation for the payment of all costs that may be incurred or expended by the city in causing such work to be done shall thereby be imposed on the person holding title to the subject property. (Ord. 99-207 § 1).
13.10.180 Enforcement.
The director is authorized to enforce the provisions of this chapter pursuant to the enforcement and penalty provisions of NMC Title 4. (Ord. 99-207 § 1).
13.10.190 Liberal construction.
This chapter is exempted from the rule of strict construction and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. (Ord. 99-207 § 1).
Chapter 13.15
STORM AND SURFACE WATER RATESSections:
13.15.010 Storm and surface water service charges.
13.15.020 Rate relief.
13.15.030 Billing and payment.
13.15.010 Storm and surface water service charges.
The owner of each developed parcel of property in the city shall pay a storm and surface water service charge in the amount established by resolution. The established charge shall be paid regardless of whether the property is occupied or vacant. (Ord. 99-207 § 2).
13.15.020 Rate relief.
A. The amount charged to a property owner who is a qualified low-income citizen shall be 50 percent of the otherwise applicable storm and surface water service charge.
B. For purposes of this section, “qualified low-income citizen” shall mean a person who:
1. Qualifies for exemption of property tax under current King County criteria;
2. Has a gross income during the calendar year immediately preceding the billing period or portion thereof for which a rate reduction is requested that does not exceed 50 percent of the median income level per household for such calendar year for the Seattle-King County Primary Metropolitan Statistical Area (PMSA) published by the Secretary of Housing and Urban Development.
C. In order to receive the rate reduction authorized by this section, the property owner shall file an application for the reduction with the city at least 30 days prior to the billing period for which the reduction is requested. The application shall be in the form provided by the city, and shall include a certification by the applicant that he or she meets the requirements of this section. (Ord. 99-207 § 2).
13.15.030 Billing and payment.
A. Storm and surface water service charges shall be billed annually by King County on behalf of the city in conjunction with the county’s property tax bill. Storm and surface water service charges billed pursuant to this section shall be due and payable semi-annually on the same dates each year that the county’s property tax bill is due and payable, and shall be delinquent if not paid by the due date. All delinquent accounts billed pursuant to this section shall be subject to a monthly penalty charge of one percent of the amount that is delinquent.
B. Pursuant to RCW 35.67.200, et seq., the city shall have a lien for delinquent and unpaid storm and surface water service charges. A sewer lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state law. Interest on the unpaid balance shall be eight percent per annum or higher rate authorized by law. (Ord. 99-207 § 2).
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