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HomeMy WebLinkAboutUtilities 2010-01-12 COMPLETE AGENDA PACKETIV. Old Business City of Tukwila Utilities Committee Kathy Hougardy, Chair Joe Duffie Allan Ekberg Time: 5 :00 PM tem Current Agenda Review Presentation(s) Business Agenda A. Recycling Grants, 2010 2011 D. 2010 Public Works Utility Issues AGENDA Distribution. K. Hougardy J Duffie A. Ekberg D Robertson Mayor Haggerton City Administrator K. Matej D Speck C O'Flaherty M. Hart S Norris N. Olivas TUESDAY, JANUARY 12, 2010 Place: Conference Room #1 C. Illicit Discharge Detection and Elimination Ordinance IV. Future Agendas: B Giberson F Iriarte R. Tischmak P Brodin G. Labanara R. Larson M. Cusick P Lau M. Mathia S Anderson J Howat B Still R. Stilt Recommended Action A. Forward to 1/25/10 C.O.W. Pg. 1 and 2/1/10 Regular Consent Agenda B. Surface Water Management Ordinance B. Forward to 1/25/10 C O.W. and 2/1/10 Regular Meeting C. Forward to 1/25/10 C.O.W. and 2/1/10 Regular Meeting D. Information Only Pg. 37 Next Scheduled Meeting: Tuesday, January 26, 2010 Committee Goals: Study the feasibility and implementation of televised City Council meetings Continue to foster relationships within local, regional, and state entities that encourage opportunities for joint partnership and outreach 6 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the Public Works Department at 206 433 0179 for assistance. S Hunstock S Kerslake M. Miotke J Pace C Parrish B Arthur File Copy Single side to Ana 3 Extra Copies e -mail to B Saxton, M. Hart, C O'Flaherty,K. Narog, S Norris ands Kirby Page Pg. 19 Pg. 31 City of Tukwila To: Utilities Committee From: Jack Pace, DCD Director Subj: Recycling Grants, 2010 -2 Date: January 6, 2010 Department of Community Development Jack Pace, Director 1 Jim Hug Berton. i%fcn'or ISSUE Council approval is required to authorize the Mayor to sign an interlocal agreement to accept grant funding that has been awarded to the Tukwila Recycling Program by the King County Solid Waste Division. BACKGROUND Tukwila's Recycling Assistance Program operates entirely through grant funding, without City of Tukwila General Fund or Utility Fund monies. Tukwila has received a Waste Reduction/Recycling grant from King County Solid Waste to support the Recycling Program work from January 1, 2010 through December 31, 2011. A signed interlocal agreement is required in order to receive the funds. DISCUSSION Waste Reduction/Recvclina Grant (W /RR) The Waste Reduction/Recycling grant from the King County Solid Waste division totals $81, 069 for the two year grant period. (Attachment A) WRR grant funds will be allocated as follows, and supplemented with funding from the Washington Department of Ecology: Special Residential Recycling Collection —($9, 375) Hold two yearly events to collect hard -to- recycle goods (i.e. tires, furniture, bulky yard debris, etc.) from Tukwila residents. Multi family Recycling Recycling Education /Bag Program ($15, 000) Provide Tukwila residents with durable in -unit recycling bags and educational materials on recycling for rental units. Non residential Recycling —($56, 694) Assist Tukwila businesses to reduce waste, start or improve a recycling program, purchase recycled products, and, where possible, to develop sustainable business practices. Special emphasis will be on City of Tukwila facilities, and on sites with property managers and multiple tenants, including Westfield Southcenter Mall. Funding will include materials, consultant and Tukwila staff. rf Page 1 01/06/2010 H: \Grants 2010 -2011 CC. Press-- Accnt.Grnts \Utils.Cttee.Briefin 2..1.12.10.doc 6.300 Southcenter Boulevard, Suite #100 Tukwila. Washington 98188 Phone 206 -431 -3670 Fax: 206-431-3665 RECOMMENDATION Staff recommends forwarding this issue to the COW meeting on January 25, 2010, and then to the February 1, 2010 Regular Meeting on the consent agenda, and to authorize the Mayor to sign an interlocal agreement with the King County Solid Waste Division in order to receive grant funding for Tukwila's Recycling Program through December 31, 2011. Attachment: A. Interlocal agreement with King County rf Page 2 H: \Grants 2010 -2011 \CC.Press-- Accpt.GmtstUtils. Cttee. Briefing.1.12.10. doc 01/06/2010 INTERLOCAL AGREEMENT FOR 2010 -2011 Between KING COUNTY and the CITY OF TUKWILA This two -year Interlocal Agreement (hereinafter referred to as the Agreement) is executed between King County, a political subdivision of the State of Washington, and the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "County" and "City" respectively. This Agreement has been authorized by the legislative body of each party as designated below: King County Ordinance No. 16717 City PREAMBLE King County and the City of Tukwila adopted the 2001 King County Comprehensive Solid Waste Management Plan, which includes waste reduction and recycling goals. In order to help meet these goals, the King County Solid Waste Division has established a waste reduction and recycling grant program for the cities that operate under the King County Comprehensive Solid Waste Management Plan. This program provides funding to further the development and /or enhancement of local waste reduction and recycling projects and for broader resource conservation projects that integrate with waste reduction and recycling programs and direction. This grant program does not fund household hazardous waste collection activities. Program eligibility and grant administration terms are discussed in the Grant Guidelines, attached to this agreement as Exhibit B. Grant funding for this program is subject to the yearly budget approval process of the King County Council. Grant funding approved by the King County Council is available to all King County cities that operate under the King County Comprehensive Solid Waste Management Plan. The City will spend its grant funds to fulfill the terms and conditions set forth in the scope of work which is attached hereto as Exhibit A and incorporated herein by reference. The County expects that any information and /or experience gained through the grant program by the City will be shared with the County and other King County cities. I. PURPOSE The purpose of this Agreement is to define the terms and conditions for funding to be provided to the City of Tukwila by the County for waste reduction and recycling programs and /or services as outlined in the scope of work and budget attached as Exhibit A. CONTRACT D39916D II. RESPONSIBILITIES OF THE PARTIES The responsibilities of the parties to this Agreement shall be as follows: A. The City 1. Funds provided to the City by the County pursuant to this Agreement shall be used to provide waste reduction and recycling programs and /or services as outlined in Exhibit A. The total amount of funds available from this grant in 2010 shall not exceed $40,534. The City understands that even though this agreement is two years in duration, funding for this program is subject to the yearly budget approval process of the King County Council. 2. This agreement provides for distribution of 2010 and 2011 grant funds to the City. However, 2011 funds are not available until January 1, 2011, and 2011 funding is contingent upon King County Council approval of the 2011 King County budget. 3. During the two year grant program, the City will submit a minimum of two, but no more than eight, progress reports to the County in a form approved by the County. Reports must be signed by a city official. These reports will include: a) a description of each activity accomplished pertaining to the scope of work; and b) reimbursement requests with either copies of invoices for each expenditure for which reimbursement is requested or a financial statement, prepared by the city's finance department, that includes vendor name, description of service, date of service, date paid and check number. If the City chooses to submit up to the maximum of eight (8) progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on the last day of the month following the end of each quarter April 30, July 30, October 31, January 31 except for the final progress report and request for reimbursement which shall be due by March 31, 2012. If the City chooses to submit the minimum of two progress reports and requests for reimbursement during the two year grant program, they shall be due to the County on January 31, 2011 and March 31, 2012. Regardless of the number of progress reports the City chooses to submit, in order to secure reimbursement, the City must provide in writing to the County by the 5 working day of January 2011 and January 2012, the dollar amount of outstanding expenditures for which the City has not yet submitted a reimbursement request. 3: The City shall submit a final report to the County which summarizes the work completed under the grant program and evaluates the effectiveness of the projects for which grant funds were utilized, according to the evaluation methods specified in the scope of work. The final report is due within six months of completion of the project(s) outlined in the scope of work, but no later than June 30, 2012. 2 4. If the City accepts funding through this grant program for the provision of Waste Reduction and Recycling programs and projects for other incorporated areas of King County, the City shall explain the relationship with the affected adjacent city or cities that allows for acceptance of this funding and the specifics of the proposed programs and projects within the scope of work document related thereto. 5. The City shall be responsible for following all applicable Federal, State and local laws, ordinances, rules and regulations in the performance of work described herein. The City assures that its procedures are consistent with laws relating to public contract bidding procedures, and the County neither incurs nor assumes any responsibility for the City's bid, award or contracting _process. 6. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation, age, or presence of any sensory, mental, or physical handicap in the employment or application for employment or in the administration or delivery of or access to services or any other benefits under this Agreement as defined by King County Code, Chapter 12.16. 7. During the performance of this Agreement, neither the City nor any party subcontracting under the authority of this Agreement shall engage in unfair employment practices as defined by King County Code, Chapter 12.18. The City shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964. 8. The City shall use recycled paper for the production of all printed and photocopied documents related to the fulfillment of this Agreement. The City shall use both sides of paper sheets for copying and printing and shall use recycled /recyclable products wherever practical. 9. The City shall maintain accounts and records, including personnel, financial, and programmatic records, and other such records as may be deemed necessary by the County, to ensure proper accounting for all project funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and service provided in the performance of this Agreement. These records shall be maintained for a period of six (6) years after termination hereof unless permission to destroy them is granted by the Office of the State Archivist in accordance with RCW Chapter 40.14. These accounts shall be subject to inspection, review or audit by the County and/or by federal or state officials as so authorized by law. 10. The City shall maintain a record of the use of any equipment that costs more than $1,000 and is purchased with grant funds from King County for a total period of three (3) years. The records shall be compiled into a yearly evaluation report, a copy of which shall be submitted to King County by March 31 of each year through the year 2012. 3 11. The City agrees to credit King County on all printed materials provided by the County, which the City is duplicating, for distribution. Either King County's name and logo must appear on King County materials (including fact sheets, case studies, etc.), or, at a minimum, the City will credit King County for artwork or text provided by the County as follows: "artwork provided courtesy of King County Solid Waste Division" and /or "text provided courtesy of King County Solid Waste Division." 12. The City agrees to submit to the County copies of all written materials which it produces and /or duplicates for local waste reduction and recycling projects which have been funded through the waste reduction and recycling grant program. Upon request, the City agrees to provide the County with a reproducible copy of any such written materials and authorizes the County to duplicate and distribute any written materials so produced, provided that the County credits the City for the piece. 13. The City will provide the King County Project Manager with the date and location of each Recycling Collection Event provided by the City, as well as copies of any printed materials used to publicize each event, as soon as they are available but no later than thirty (30) days prior to the event. If there is any change in the date or the location of an event, the City will notify the County a minimum of thirty (30) days prior to the event. If the event brochure is required for admission to the City's event, the City is exempt from having to provide the brochure to King County. 14. If the City accepts funding through this grant program for the provision of recycling collection events for adjacent areas of unincorporated King County, the City shall send announcements of the events to all residences listed in the carrier routes provided by King County. The announcements and all other printed materials related to these events shall acknowledge King County as the funding source. 15. The City understands that funding for recycling collection events for adjacent areas of unincorporated King County will be allocated on a yearly basis subject to the King County Council's yearly budget approval process and that provision of funds for these events is not guaranteed for the second year of the grant program. 16. This project shall be administered by the City's Recycling Coordinator at: 6300 Southcenter Boulevard; Tukwila, WA 98188; 206 431 -3683 (phone); 206 431 -3665 (fax); rfox a, ci.tukwila.wa.us. or designee. B. The County: 1. The County shall administer funding for the waste reduction and recycling grant program. Funding is designated by city and is subject to the King County Council's yearly budget approval process. Provided that the funds are allocated through the King County Council's yearly budget approval process, grant funding to the City will include a base allocation of $5,000 per year with the balance of funds to be allocated according to the city's percentage of King County's residential and employment population. However, if this population based allocation formula calculation would result in a city receiving less than $10,000 per year, that city shall receive an additional allocation that would raise their total grant funding to $10,000 per year. 4 The City of Tukwila's budgeted grant funds for 2010 are $40,534. Unspent 2010 funds may be carried over to 2011, but 2011 funds will not carry over to 2012. The City of Tukwila`s estimated grant funds for 2011 are $40,534. 2011 funds are not available until January 1, 2011, and 2011 funding is contingent upon King County Council approval of the 2011 King County budget. Following approval of the 2011 King County budget, the County's grant program administrator will notify the city of the final 2011 grant funding. 2. Within forty -five (45) days of receiving a request for reimbursement from the City, the County shall either notify the City of any exceptions to the request which have been identified or shall process the request for payment. If any exceptions to the request are made, this shall be done by written notification to the City providing the reason for such exception. The County will not authorize payment for activities and /or expenditures which are not included in the scope of work and budget attached as Exhibit A, unless the scope has been amended according to Section V of this Agreement. King County retains the right to withhold all or partial payment if the City's report(s) and reimbursement request(s) are incomplete (i.e., do not include proper documentation of expenditures and /or adequate description of each activity described in the scope of work for which reimbursement is being requested), and /or are not consistent with the scope of work and budget attached as Exhibit A. 3. The County agrees to credit the City on all printed materials provided by the City to the County, which the County duplicates, for distribution. Either the City's name and logo will appear on such materials (including fact sheets, case studies, etc.), or, at a minimum, the County will credit the City for artwork or text provided by the City as follows: "artwork provided courtesy of the City of Tukwila" and /or "text provided courtesy of the City of Tukwila 4. The County retains the right to share the written material(s) produced by the City which have been funded through this program with other King County cities for them to duplicate and distribute. In so doing, the County will encourage other cities to credit the City on any pieces that were produced by the City. 5. The waste reduction and recycling grant program shall be administered by Morgan John, a Project Manager, or designee, to be specified by the King County Solid Waste Division. III. DURATION OF AGREEMENT This Agreement shall become effective on either January 1, 2010 or the date of execution of the Agreement by both the County and the City, if executed after January 1, 2010 and shall terminate on June 30, 2012. The City shall not incur any new charges. after December 31, 2011. However, if execution by either party does not occur until after January 1, 2010, this Agreement allows for disbursement of grant funds to the City for County- approved programs initiated between January 1, 2010 and the later execution of the Agreement provided that the City complies with the reporting requirements of Section II. A of the Agreement. 5 IV. TERMINATION A. This Agreement may be terminated by King County, in whole or in part, for convenience without cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice B. This Agreement may be terminated by either party, in whole or in part, for cause prior to the termination date specified in Section III, upon thirty (30) days advance written notice. Reasons for termination for cause may include but not be limited to: nonperformance; misuse of funds; and/or failure to provide grant related reports /invoices /statements as specified in Section II.A.3. and Section II.A.4. C. If the Agreement is terminated as provided in this section: (1) the County will be liable only for payment in accordance with the terms of this Agreement for services rendered prior to the effective date of termination; and (2) the City shall be released from any obligation to provide further services pursuant to this Agreement. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. V. AMENDMENTS This Agreement may be amended only by written agreement of both parties. Amendments to scopes of work will only be approved if the proposed amendment is consistent with the most recently adopted King County Comprehensive Solid Waste Management Plan. Funds may be moved between tasks in the scope of work, attached as Exhibit A, only upon written request by the City and written approval by King County. Such requests will only be approved if the proposed change(s) is (are) consistent with and /or achieves the goals stated in the scope and falls within the activities described in the scope VI. HOLD HARMLESS AND INDEMNIFICATION The City shall protect, indemnify, and hold harmless the County, its officers, agents, and employees from and against any and all claims, costs, and /or issues whatsoever occurring from actions by the City and /or its subcontractors pursuant to this Agreement. The City shall defend at its own expense any and all claims, demands, suits, penalties, losses, damages, or costs of any kind whatsoever (hereinafter "claims brought against the County arising out of or incident to the City's execution of, performance of or failure to perform this Agreement. Claims shall include but not be limited to assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and /or otherwise results in unfair trade practice. 6 VII. INSURANCE A. The City, at its own cost, shall procure by the date of execution of this Agreement and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with performance of work pursuant to this Agreement by the City, its agents, representatives, employees, and /or subcontractors. The minimum limits of this insurance shall be $1,000,000 general liability insurance combined single limit per occurrence for bodily injury, personal injury, and property damage. If the policy has an aggregate limit, a $2,000,000 aggregate shall apply. Any deductible or self insured retentions shall be the sole responsibility of the City. Such insurance shall cover the County, its officers, officials, employees, and agents as additional insureds against liability arising out of activities performed by or on behalf of the City pursuant to this Agreement. A valid Certificate of Insurance and additional insured endorsement is attached to this Agreement as Exhibit C, unless Section VII.B. applies. B. If the Agency is a Municipal Corporation or an agency of the State of Washington and is self insured for any of the above insurance requirements, a written acknowledgement of self insurance is attached to this Agreement as Exhibit C. VIII. ENTIRE CONTRACT/WAIVER OF DEFAULT This Agreement is the complete expression of the agreement of the County and City hereto, and any oral or written representations or understandings not incorporated herein are excluded. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IX. TIME IS OF THE ESSENCE The County and City recognize that time is of the essence in the performance of this Agreement. X. SEVERABILITY If any section, subsection, sentence, clause or phrase of this Agreement is, for any reason, found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions. 7 XL NOTICE Any notice required or permitted under this Agreement shall be deemed sufficiently given or served if sent to the King County Solid Waste Division and the City at the addresses provided below: Morgan John, Project Manager, or a provided designee, King County Solid Waste Division Department of Natural Resources and Parks 201 South Jackson Street, Suite 701 Seattle, WA 98104 -3855 If to the City: (Title) Pursuant to Approved as to form: Rebecca Fox, Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila,' WA 98188 IN WITNESS WHEREOF this Agreement has been executed by each party on the date set forth below: Kine County Accepted for King County Executive Date Date City Attorney King County Prosecuting Attorney Date Date 8 BY Theresa Jennings, Director Department of Natural Resources and Parks For Dow Constantine, King County Executive Pursuant to Ordinance No. 16717 Approved as to form: A. Basic Information 1. City of Tukwila 2. Waste Reduction and Recycling Program 3. Rebecca Fox, Senior Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 206 431 -3683 (phone) 206 -431 -3665 (fax) rfox(ci.tukwila.wa.us 4. The City of Tukwila will work with Wilder Environmental Consulting to implement the business recycling program for 2010 and 2011. We plan to use Olympic Environmental Resources to operate our Special Recycling Events. The WRR grant will also fund some labor costs for Tukwila staff that work on and manage WRR- funded programs. 5. Budget: 2010 —$40, 534 2011- -$40, 534 WRR GRANT 2010 -2011 Scope of Work City of Tukwila Exhibit A Total Amount Requested: $81, 069 for 2010 through 2011 including: Special Recycling Collection —$9, 375 (approximately $4, 687.50 to be spent both in 2010 and 2011) Non residential Recycling -$56, 694 (approximately $28, 347 to be spent in both 2010 and 2011) Residential Recycling -$15, 000 (approximately $7, 500 to be spent in both 2010 and 2011) B. Scope of Work 1. Task One: Tukwila Special Recycling Collection Events C. Scope of Work 2. Task One: Tukwila Recycling Collection Events a. Schedule Spring, 2010/11 RF Page 1 of 8 P:\SWPublic\1CSCPublic \RES \WRR Grant Info\2010 -2011 \Scopes \tukwscope.doc 12/15/2009 b. Program/Project Specifics 1) Project Activities Total number of events Two Materials to be collected: Appliances Refrigerators and Freezers+ Ferrous Metals Non- ferrous Metals Tires+ Lead Acid Batteries Household Batteries Porcelain Toilets and Sinks+ Propane Tanks+ Cardboard Reusable Household Goods Textiles Used Motor Oil Used Motor Oil Filters Used Antifreeze Used Petroleum Based Products Electronic Equipment Computer Monitors* TV Sets* +User fees apply City may not collect and refer residents to E -Cycle sites The following educational materials will be distributed: Information on City Recycling Programs. Local Hazardous Waste Management Plan Educational Materials produced by King County Department of Natural Resources. Other educational materials. Event promotional methods By distributing a promotional flyer through direct mailings. By notices in the City newsletter. By posting a notice at City Hall and on the City website and cable channel (if available). By publicizing the event through the King County Solid Waste Division Promotional Activities. Event staffing: Key personnel will include City staff, consultant staff, and volunteers. Experienced qualified individuals will fill the event greeter, education personnel, and traffic control personnel positions. 2) Evaluation will include: Number of vehicles attending RF Page2of8 P: \SWPublic \KSC Public\RES \WRR Grant lnfo\2010- 2011 \Scopes \tukwscope.doc 12/15/2009 Volume of each material collected Event cost by budget category Graphic or tabular comparison of 2010/11 volumes and vehicles with prior year's events 3) Budget: $9,375.00 I Estimated Costs (City Staff Costs 1M ana9 ement /Staffino/A dm in/Graph ics 'Event Staff Costs !Collection/ Hauling Costs VWod Waste Scra Metal, A polian ces, etc Tres Used Oil /Antif reeze Batt eries Printing/Mailing IEventStipples 10ther Expenses rentals, etc TOTALS *Hourly rates for consultant staff are as follows: Project Manager $70.00 and Event Staff $55.00. Portions of the events will be funded by the WRR grant; the remainder will come from Local Hazardous Waste Management Program funds, Coordinated Prevention Grant (CPG) funds, and the City of Tukwila. The following is the total estimated Two year (2010 and 2011) WRR cost. Costs would be evenly distributed in each of the two events over two years: Management /Staffing /Admi n Event Staff Costs: Collection/Hauling Costs Wood Waste Scrap Metal, Appliances, etc. Tires Used oil /antifreeze Batteries Printing /Mailing Event Supplies Other expenses- rentals. etc. *Hourly rates for consultant staff are as follows: Administrative staff- $40.00. E) Task Performance Objectives: 201 0/ 1 1 1 2010 2010 1 2010 2011 WRR i LHWMP CPG 1 WRR WRR 50.00 I 50.00 50.00 1 50.00 5 0.0 0 53,015.00 $4,881.01 $932.50 $1,507.50 51 ,507.50 $1,760.00 1 $440.00 5880.00 1 5880.00 5880.00 50.00 1 50.00 50.00 1 $0.00 $0.00 $1,000.00 I 50.00 $0.00 I 5500.00 $500.00 $1,00000 $0.00 50.00 1 $500.00 5500.00 50.00 $850.00 $0.00 1 50.00 5 0.0 0 50.00 $300.00 $0.00 1 $0.00 50.00 $0.00 $1,800.00 51,000.001 50.00 5 0.0 0 5800.00 5400.00 $0.00 1 5400.00 $400.00 $1,800.00 $400.00 50.00 1 $900.00 59 00. 00 59,375.00 59,071.01 52,812.50 1 54,657.50 $4,687.50 $3, 015.00 $1, 760 2011 CPG 5 0.0 0 59 32.50 $8 80.00 $1,000 52, 182 $0.00 $1, 000.00 $1, 000.00 $0.00 $0.00 $0.00 800 $1. 800 $9, 375 Project Manager $70.00 and Event Staff $55.00, The City plans to send out approximately 7,600 promotional flyers to Tukwila households per event and publicize the event through King County promotional activities, including County websites and telephone assistance. The City anticipates collecting 25 -35 tons of material from the local waste stream per year. The benefits expected by the collection of these materials will be to divert them from the waste stream and process them for recycling. The event will also provide an opportunity to recycle moderate risk waste. The King County Health Department, the City of Tukwila, and Washington State Department of Ecology will pay for event expenses as well. RF Page 3 of 8 12/15/2009 P:1SWPubIic\KSC_Public\RES \WRR Grant Info \2010 -201 I1Scopes\tukwscope.doc F) Task Impact Objectives: By hosting Recycling Collection Events, Tukwila can reduce the amount of recyclable material finding their way to the local landfill. The City of Tukwila has a population of approximately 18, 200 residents. The City expects, based on past events, that 400 -450 households will actively participate each year by bringing recyclable materials to the event for proper disposal and recycling. This will result in 25 -35 tons of material diverted from the local waste stream for recycling per year. In addition to diverting materials from the City waste stream, attracting residents to events provides an opportunity to distribute educational material on City and King County recycling programs. educational_ materials can enhance the knowledge of residents and improve behavior in purchase, handling, and disposal of recyclable materials. 3. Task Two: Non Residential Recycling a. Project Manager: Rebecca Fox, Senior Planner b. Consultant The City of Tukwila will work with Wilder Environmental Consulting. c. Schedule First quarter, 2010 December 31, 2011 d. Goals Increase the program's visibility in the business community Increase awareness among businesses of the technical assistance which the City offers Expand the number of businesses who receive customized assistance e. Program /Project Specifics 1) Performance Objectives: Business Outreach/Technical Assistance The City of Tukwila will provide technical assistance to help businesses with starting or improving recycling programs, waste prevention and purchase of recycled products either by e- mail, telephone, mail or on -site visits. A Business Recycling and Waste Prevention Specialist (consultant to the City of Tukwila) will respond when firms request assistance. We expect to generate requests for recycling assistance by including information about City- sponsored recycling programs in business license mailings in 2010 and 2011. This will reach all 2000 firms who operate in Tukwila. We will also maintain Business Recycling information on the City of Tukwila website. We also plan to target the property managers to initiate and maintain assistance in recycling, waste prevention, and procurement of recycled content products. We may also focus on assistance for specific industries or types of businesses, especially any that are identified by King County's Business Recycling program. We will work again Westfield Shoppingtown Center Southcenter in 2010 -2011 assist after their recent expansion. We will continue to our focus on in -house programs to improve recycling, waste reduction and environmentally preferable purchasing practices in City of Tukwila facilities. We plan to work with the Parks and RF Page 4 of 8 12/15/2009 P:\SWPublic \KSC_Public \RES\WRR Grant Info\2010 -2011 \Scopes \tukwscope.doc Recreation Department to initiate recycling during events, and as a pilot program at a selected park. In addition to telephone, e -mail, mail or on -site assistance, we will continue our recognition program to highlight outstanding business recycling programs throughout Tukwila "Tukwila Green Works" and "Tukwila Business Recycler of the Year We will also provide businesses with informational materials promoting non residential recycling, including stickers for containers. If other opportunities arise, we will adjust the work plan for greatest effectiveness. Timely, scheduled telephone follow -up will be provided for all businesses reached for technical assistance either by the staff project manager or the consultant. We will assist with recycling, waste prevention and purchasing of recycled content goods, and, when possible, also furnish information about conserving other resources used in typical business activities. By contacting companies directly with individualized information and by following up with them, we hope to prepare and motivate businesses to improve their solid waste behaviors. We will coordinate our technical assistance activities with the Allied Waste and other area recyclers, as well as with King County's Business Recycling Program by working with any Tukwila business that has been referred by the County. As appropriate, we will make most efficient use of resources by participating in the County's industry- or topic- specific campaigns. Promotion/Education We plan to promote non residential recycling and waste prevention by through a variety of activities, including: Updating recycling information on Tukwila's website Property manager outreach events Informational materials promoting non residential recycling, including an e- newsletter, case studies, informational stickers, handout for use with janitorial companies "Tukwila Green Works" program to recognize outstanding business performance. "Tukwila Business Recycler of the Year" award to stimulate interest in recycling Purchase, distribute additional recycled content promotional materials (i.e. pens, pencils) Update and distribute "Tukwila Business Recycling Guide" in 2010 and 2011 Purchase and distribute desk side containers to encourage businesses to begin or upgrade recycling efforts Promotional and educational activities may also include general information on resource conservation. We anticipate that promoting resource conservation along with recycling /waste prevention and "buy recycled" messages will enable more businesses to benefit from our technical assistance services. We will coordinate our promotion/education activities with the County as appropriate, including: use the County's program materials, and participate County promotional activities /advertising, including "Take it Back" network. 2) Impact Objectives: At least two editions "Tukwila Business Recycler" distributed to 2,000 Tukwila companies via business license renewal mailings to give information about recycling resources and generate requests for technical assistance. RF Page 5 of S 12/15/2009 P:\SWPublic \KSC Public\RES \WRR Grant Info\2010 -2011 \Scopes \tukwscope.doc Assistance to at least 60 businesses, including at least 20 on -site visits f. Evaluation Follow -up with selected businesses to determine which assistance measures were the most helpful in changing recycling related behaviors Evaluation data will also include: the number of businesses assisted type of assistance provided (mail, e -mail, on -site, other) a list of business names, addresses, contact persons, and telephone numbers (and other business data) for the businesses assisted; g. Budget 2010 -2011 Budget Project 1 1 2010 1 2011 I Total Task 2: Non- $17, 896 $36, 650 $56, 694 Residential Program Consultant $6, 246 $25,000 $31, 246 (CPG Match) City staff $7, 150 $7, 150 14, 300 (260 hrs x $55 /hr) Supplies/ 3, 574 $3, 574 $7, 148 Materials(bins, misc.) Printing/ $2,000 $2,000 $4,000 Mailing (Business Recycler, yardsale) Note: Tukwila's Business Recycling Program will be also be supported by funding from the Department of Ecology's Coordinated Prevention Grant. A combination of CPG funds and WRR funds will be spent in 2010, with WRR funds furnishing $6, 246 in required local match funding to supplement $18, 736 in state CPG funds. WRR funds will be the program's exclusive fund source in 2011. RF Page 6 of 8 12/15/2009 P:\SWPublic \KSC Public \RES \WRR Grant Info \2010- 2011 \Scopes \tukwscope.doc 3. Task Three: Residential Program Subtask 1.: Multi Family Recycling Bags a. Project Manager Rebecca Fox b. Consultant We will work with Allied Waste to distribute materials. We may also work with a consultant to prepare multi family education program materials. c. Schedule Subtask 1: Bags to be distributed in 2010 and 2011 d. Goals Subtask 1: Multi family Recycling Bags: Increase awareness of and participation in recycling among multi family residents by providing convenient collection bags and education materials. e. Program /Project Specifics 1) Background/History Subtask 1: Approximately 55% of Tukwila's housing stock is multi family development. It has been challenging to maintain effective multi family recycling programs due to frequent tenant turnover, lack of incentive for recycling, inconvenience and lack of space for recycling. We plan to offer the recycling bags initially as an incentive to encourage managers to subscribe to recycling service, and tenants to recycle. After using the bags as an incentive for new signups, we plan to offer the bags to as many developments as possible that currently recycle. Educational materials will also be provided with the bags. By providing educational materials along with attractive, convenient bags free of charge we hope to encourage recycling and to educate residents about the benefits of recycling in their apartments. Task Performance Objectives: Subtask 1: Over the grant period, the City will purchase recycled plastic recycling bags and make them available to managers of multi family complexes for their residents. The City will publicize the bag distribution through Allied Waste, through our City newsletter, and on the City website and Allied website. We will coordinate a multi family recycling "message" with Allied Waste. Education is especially important, so along with the bags, the City will also prepare and distribute educational materials with a multi family recycling focus. Impact Objectives Subtask 1: Distribution of recycled plastic recycling bags and educational materials to managers representing approximately one -half of Tukwila's multi family residential complexes and residents. RF Page 7 of 8 12/15/2009 P: \SWPublic\KSC Public\RES \WRR Grant Info\2010- 2011 \Scopes\tukwscope.doc f. Evaluation Subtask 1: Track number of bags distributed to managers Track number, type of promotional /educational materials Record the number of complexes that signed up for or improved recycling programs as a result of bags and educational materials. Sample email survey of mangers to gauge satisfaction level, and changed participation attributed to recycling bags. g. Budget Project WRR 2010 2011 2010 -2011 TOTAL TOTAL Task 3: Multi Family Residential Program TOTAL $7, 500 $7, 500 $15, 000 Consultant I $4, 000 I $2, 000 1 $2, 000 1 Printing 3, 000 1, 500 1, 500 Recycled 8, 000 4, 000 4, 000 Plastic Recycling Bags 1 1 RF Page 8 of 8 P: \SWPublic \KSC Public\RES \WRR Grant Info\2010 -2011 \Scopes \tukwscope.doc 12/15/2009 City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: January 6, 2010 INFORMATIONAL MEMORANDUM SUBJECT: NPDES Program Project No. 93 -DR10 Surface Water Management Ordinance ISSUE Adopt a new Surface Water Management Ordinance per NPDES Requirements. BACKGROUND The National Pollutant Elimination System (NPDES) requires that the City adopt regulations and other requirements outlined in the City's General Permit which became effective February 16, 2007. These requirements include adopting a Surface Water Design Manual which has been approved by the Department of Ecology (DOE) by February 15, 2010. The City can adopt the 2005 DOE Design Manual, adopt another jurisdictions manual which has been approved by the DOE or develop our own manual and submit it to the DOE for approval. DISCUSSION Surface Water Design Manuals provide requirements regarding detention, water quality and maintenance standards for proposed developments. The City currently uses the 1998 King County Surface Water Design Manual (KCSWDM) for this purpose; however, it does not meet current NPDES Requirements. Staff worked with a consultant to determine if adopting the 2009 KCSWDM with supporting documents is our best option to meet this requirement. The benefits of this manual include: Most surrounding jurisdictions are adopting the KCSWDM standards. The DOE manual only regulates developments greater than one acre; therefore the City would need to continue to use the 1998 KCSWDM for developments Tess than an acre. Development and approval of a City of Tukwila Manual would be cost prohibitive. RECOMMENDATION The Council is being asked to approve the Surface Water Management Ordinance and consider this item at the January 25, 2009 Committee of the Whole meeting and subsequent February 1, 2009 Regular meeting. Attachment: Surface Water Ordinance W:\PW Eng1PROJECTS\A- DR Projects \93 -dr10 (NPDES Program) \INFORMATION MEMO Storm Ordinance.doc Jim Haggerton, Mayor DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, UPDATING REGULATIONS REGARDING SURFACE WATER MANAGEMENT; REPEALING ORDINANCE NO. 2064, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 14.30, "SURFACE WATER MANAGEMENT PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila "City is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHERAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2004 by City of Tukwila Ordinance No. 2064 no longer effectively address the surface water management requirements outlined above; and WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to enact the new surface water regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations established. New surface water management provisions, to be codified at Tukwila Municipal Code (TMC) Chapter 14.30, are hereby established to read as follows: 14.30.010 Authority. A. The Public Works Director shall administer TMC Chapter 14.30. The Director's authority includes the establishment of regulations and procedures, approval of permits and exceptions, and enforcement and implementation of measures necessary to carry out the intent of TMC Chapter 14.30. B. The Public Works Director may initiate all required actions to prevent or stop acts or intended acts of an applicant or other person that constitute a hazard to life or safety; endangered property; or adversely affect the safety, use or stability of a public way, surface water, a conveyance system or a sensitive area or buffer. C. If the Director determines that a person engaged in an activity that could or does negatively affect surface water has failed to comply with City code or with approved W:\ Word Processing Ordinances Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 1of10 surface water plans and /or other permit conditions, the Director may implement any or all of the following enforcement actions: 1. Suspend or revoke without written notice any surface water permit issued by the City, when the Director determines an immediate danger to life, safety or property exists in a downstream area or adjacent property. 2. Serve a written notice of violation upon that person by registered or certified mail or personal service. The notice shall set forth the measures necessary to achieve compliance, specify the time to commence and complete corrections and indicate the consequences for failure to correct the violation, 3. Suspend or revoke any surface water permit issued by the City after written notice is given to the applicant for any of the following reasons: a. Any violation(s) of the conditions of the surface water permit; b. Changes in site runoff characteristics upon which a permit or exception was granted; c. Construction not in accordance with the approved plans; or d. Non compliance with correction notice(s) or "stop work" order(s) issued for the construction of temporary or permanent stormwater management facilities. 4. Post a "stop work" order at the site directing that all activities that could affect surface water or a conveyance system cease immediately. The "stop work" order may include any discretionary conditions and standards adopted in TMC 14.30.070 that must be fulfilled before any work may continue. 14.30.020 Purpose. The provisions of TMC Chapter 14.30 shall be liberally construed to accomplish the following purposes: 1. Promote sound development policies and procedures that protect and preserve the City's water courses, groundwater and surface water infrash•ucture; 2. Protect surface water conveyance systems and receiving waters from pollution, mechanical damage, excessive flows and other conditions that increase erosion and /or turbidity, siltation and other pollution, or that will reduce groundwater recharge or endanger aquatic and benthic life within surface waters and receiving waters within the State; 3. Meet the requirements of State and federal law; 4. Fulfill the City's responsibilities as trustee of the environment for future generations; 5. Promote the health, safety and welfare of the public; 6. Protect private and public property from drainage related damage; 7. Promote site planning and construction practices that are consistent with natural topographical, vegetative and hydrological conditions; and 8. Preserve and enhance the suitability of water bodies for recreation and wildlife habitat. 14.30.030 Definitions. Unless specifically defined below, words or phrases used in TMC Chapter 14.30 shall be interpreted using the meaning they have in common usage and to give TMC Chapter 14.30 its most reasonable application. 1. "Applicant" means any person, governmental agency or other entity that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project. Applicant also means any person, governmental agency or other entity that is performing or plans to perform permitted work within the City. 2. "Approval" means proposed work or completed work conforming to TMC Chapter 14.30 as approved by the Director. W: \Word Processing Ordinances \Surface Water Management Title 14.doc GV:ksn1 /7/2010 Page 2 of 10 3. 'Best Management Practice" means those practices which provide the best available and reasonable physical, structural, managerial or behavioral activity to reduce or eliminate pollutant loads and or concentrations leaving a site. 4. "City" means the City of Tukwila or the City Council of Tukwila. 5. "Comprehensive Surface Water Management Plan" means a plan adopted by the City Council to guide the physical growth and improvement of the City and urban growth management area, including any future amendments and revisions. 6. "Conveyance system" means natural and man -made drainage features that collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter surface water. Natural drainage features swales, streams, rivers, lakes and wetlands. Man -made features include gutters, ditches, pipes and detention /retention facilities. 7. "Critical drainage area" means an area, as determined by the City, needing additional controls to address flooding, drainage, and /or erosion conditions that pose an imminent likelihood of harm to the welfare and safety of the surrounding community. 8. "Development" means any man -made change of improved or unimproved real estate; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill, clearing or land disturbance; or any use or extension of the use of land. 9. "Director" means the Director of Public Works or his or her designee. 10. "Drainage review" means an evaluation by the City to determine compliance with the City's standards and adopted Surface Water Management Manual. 11. "Erosion" means detachment and transport of soil or rock fragments by water, wind, ice, etc. 12. "Illicit discharge" means all non- surface water discharges to surface water conveyance systems that cause or contribute to a violation of State water quality, sediment quality or ground water quality standards. These discharges include sanitary sewer connections, industrial process water, interior floor drains, car washing and grey water systems. 13. "Low impact development" means use of innovative or creative approaches to site design, using methods such as retention of natural vegetation, significant reduction of effective impervious surface, enhanced infiltration and changes in traditional site features such as roads and structures to achieve dramatically reduced or zero drainage discharge from the site after development. 14. "Plans" means the plans, profiles, cross sections, elevations, details and supplementary specifications, showing the location, character, dimensions and details of the work to be performed. These plans are approved by the Public Works Director and are usually signed by a licensed professional engineer. 16. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non- hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that results from constructing a building or structure; and noxious or offensive matter of any kind. 17. "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life. W: Word Processing \Ordinances \Surface Water Management Title 74.doc CV:lsn 1/7/2010 Page 3 of 10 Contamination includes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 18. "Project" means activity encompassing all phases of the work to be performed and is synonymous to the term "improvement" or "work." 19. "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 groundwater and that portion of precipitation that becomes surface flow and interflow. 20. "Sediment" means fragmented material originating from weathering and erosion of rocks or unconsolidated deposits, which is transported by, suspended in or deposited by water. 21. "Sedimentation" means the deposition or formation of sediment. 22. "Single- family residence" means a project that constructs or modifies one single family dwelling unit and /or makes related on -site improvements, such as a driveway, outbuildings or play courts. 23. "Surface water plan" means a set of drawings and documents submitted as prerequisite to obtaining a development permit. 24. "Stormwater" means surface water. 25. "Stormwater drainage system" means conveyance system. 26. "Surface flow" means flow that travels overland in a dispersed manner (sheet flow) or in natural channels or streams or constructed conveyance system. 27. "Surface Water" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow channels or pipes into a natural drainage system, a surface water conveyance system or into a constructed surface water facility. 28. "TMC" means the Tukwila Municipal Code. 29. "Typical" means the guidelines that shall be followed unless the Director approves an exception. 30. "Water body" means a creek, stream, pond, wetland, lake or river. 31. "Watershed" means a geographic region within which water drains into a particular river, stream or water body as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in the Washington Administrative Code. 14.30.040 Applicability. TMC Chapter 14.30 applies to all activities occurring within the City limits that could affect surface water. 14.30.050 Compliance. A. TMC Chapter 14.30 contains minimum requirements. The requirements do not replace, repeal, abrogate, supersede or affect any other more stringent requirements, rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30 imposes requirements that provide more protection to human health or the envirorunent, the requirements of TMC Chapter 14.30 shall prevail. B. Approvals and permits granted under TMC Chapter 14.30 do not imply waiver of other laws and regulations, nor do they indicate compliance with other laws and regulations. C. Compliance with TMC Chapter 14.30 and related regulations, standards and manuals adopted by the City does not necessarily mitigate all impacts to human health and the environment. In such cases, the applicant must implement additional mitigation to protect human health and the environment. D. City departments shall comply with all the requirements of TMC Chapter 14.30, with the exception of obtaining permit and approvals from the City for works W:\ Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 4 of 10 performed in the public rights -of -way, or for operation and maintenance activities by the Department of Parks and Recreation. 14.30.060 Standards. All activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact to public and environmental health and safety, the Director may require stricter standards: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2009 King County Surface Water Design Manual, adopted hereby by reference as if fully set forth herein except that, unless the context indicates otherwise, the "County" and "King County" shall refer to the City of Tukwila and except as amended in the Public Works Development Guidelines and Design and Construction Standards. The Director will review subsequent amendments, revisions and versions to the 2009 King County Surface Water Design Manual and will adopt these as needed and as applicable. 3. The Department of Ecology's Surface Water Management Manual for Western Washington, which may be used for project design, following approval by the Public Works Director. 4. The 2009 King County Stormwater Pollution Prevention Manual. except that, unless the context indicates otherwise, the "County" and "King County" shall refer to the City of Tukwila and except as amended in the Public Works Development Guidelines and Design and Construction Standards. The Director will review subsequent amendments, revisions and versions to this manual and will adopt these as needed and applicable. 5. Development design and construction shall meet all of the applicable standards and codes, recommendations in specific reports, such as the geo- technical report and the Technical Information Report, and design criteria contained in the Comprehensive Surface Water Management Plan or Drainage Basin Plans. 14.30.070 Permits. A. The application for and issuance of a surface water /storm drainage permit constitutes the administrative mechanism for the enforcement of the provisions contained herein. Such permits shall be non transferable without approval of the Public Works Director and shall be limited to the specific activities for which they are granted. B. Activities that trigger drainage review pursuant to the 2009 King County Surface Water Design Manual require a permit. Permit application shall be made to the City's permit center. C. All plans, drawings and calculations shall be prepared, stamped, signed and dated by a registered professional engineer, licensed in the State of Washington. A single family residence that is not in a sensitive area and does not trigger drainage review may be exempt from this requirement. D. The submittals for the permit must meet or exceed the minimum criteria in the 2009 King County Surface Water Design Manual and the City's Development Guidelines and Design and Construction Standards. The Director may require additional submittals to those described therein. E. Any significant changes to the approved plans or specifications of a permitted project require a revision submittal to the City for approval before the changes are implemented. 14.30.080 Facility Maintenance and Inspection Requirements. A. All Facilities. All public and private storm and surface water systems providing permanent stormwater treatment and /or flood control shall be inspected and maintained in accordance with the standards contained in the 2009 King County Surface Water Design W:\ Word Processing Ordinances Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 5 of 10 Manual. The following are additional minimum standards for the maintenance of storm water facilities: 1. All stormwater treatment and flow control facilities shall be inspected annually, but may be reduced based on inspection records. Owners of private facilities shall be responsible for maintenance, inspection and corrections. The City will perform periodic inspections of these same storm facilities. 2. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed within the following time period: (a) Within one year for wet pool facilities, infiltration facilities, and detention facilities including detention pipes, ponds and valves; (b) Within six months for routine maintenance operations; (c) Within nine months for maintenance requiring re- vegetation; and (d) Within two years for maintenance that requires capital construction of less than $25,000.00. The Director or his or her designee may order corrective maintenance to occur within a specific time period. 3. The Director has unlimited access at all reasonable times to any property whenever the Director has reasonable cause to believe violations of TMC Chapter 14,30 are present or operating on a subject property, whenever necessary to make an inspection or perform activities to enforce any provisions of TMC Chapter 14.30, whenever necessary to monitor proper function of drainage facilities or whenever the condition of a surface water system presents imrninent hazard. 4. When the City has given a facility owner prior notification and the owner has failed to maintain such facilities or when conditions make it impossible to give prior notice, the City may perform the required maintenance or repairs with the cost of said work assessed as a lien against the properties responsible for the maintenance. This action shall be in addition to any other enforcement provisions provided in TMC Chapter 14.30. 5. Maintenance of private facilities and best management practices are the responsibility of the facility owners. 6. If the property owner(s) does not maintain the facility as prescribed in the approved maintenance schedule, the Director may issue a written notice specifying the required actions and setting a time frame for completion of the specified actions. If these corrective actions are not performed in a timely manner, the City or a private contractor hired by the City may enter the property to perform the actions and bill the property owner(s) for the cost of the work. In the event the Director determines a hazard to public safety exists, written notice is not required. B. New Facilities. 1. For privately -owned facilities, the applicant shall provide a monitoring and maintenance schedule for the life of each surface water facility or best management practice resulting from the development. At a minimum, the schedule shall describe the maintenance activities, spell out the frequency for each activity and state who performs and who pays for each activity. 2. The monitoring and maintenance schedule shall provide unlimited access, at all reasonable times, to the facilities for inspection by the Public Works Department. 3. The Director shall review and approve the monitoring and maintenance schedule before the applicant records the schedule with King County Records. 4. Owners of projects distributing over one acre must maintain records of facility inspections and maintenance actions. Records shall be retained for a period of at least ten years. These maintenance records are to be provided to the City upon request. W:\ Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 6of10 5. For new residential developments in excess of 1 acre, additional inspections are required of all new flow control and water quality treatment facilities, including catch basins, every six months during the period of heaviest residential construction (i.e., 1 to 2 years following subdivision approval) to identify maintenance needs and enforce compliance with maintenance standards as needed. The City will perform periodic inspections of these same storm facilities. 14.30.090 Special Drainage Fee. When the City accepts drainage infrastructure that requires upkeep in excess of normal maintenance, the City has the right to charge the benefiting parties a special drainage fee in addition to the City's normal surface water charge, as condition of turnover, in order to cover costs for this maintenance. 14.30.100 Inlet Marking. A. All new inlets and catch basins, public or private, shall be marked "No Dumping! Drains to Stream." B. Existing inlets and catch basins, in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. 14.30.110 Financial Guarantees. A. The Public Works Director may require from the applicant a surety, cash bond, irrevocable letter of credit or other means of financial guarantee acceptable to the City, prior to approving the permit. B. The amount of the financial guarantee shall not be less than the total estimated construction cost of all interim and permanent stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such financial guarantees are required: 1. Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City staffs best estimate of the possible cost directly associated with remedying the adverse impacts to public or private properties not associated with the development. 2. The amount of any financial guarantee shall not serve as a gauge or limit to the compensation collected from a property owner because of damages associated with any surface water activity. D. The City shall retain the financial guarantee until the completion of any project involving surface water activity or following a prescribed trial maintenance period. E. The City of Tukwila may redeem financial guarantees provided in accordance with this provision in whole or in part upon determination by the Public Works Director that any or all of the following circumstances exist: 1. Failure on the part of the party providing such financial guarantee to fully comply, within the time specified, with approved plans and /or any corrective or enforcement actions mandated by TMC Chapter 14.30; or, 2. Damages to public or private property arising from the activities for which the financial guarantee was required. \Word Processing Ordinances \Surface Water Management Title 14.doc CV:ksn 1/7/2010 Page 7 of 10 14.30.120 Insurance. A. If, in the opinion of the Public Works Director, the risks to property or life and safety associated with a proposed development activity are substantial, said official may require the property owner to purchase liability insurance coverage in the following minimum amounts: 1. Bodily injury liability $1 million per occurrence. 2. Property damage liability $1 million per occurrence. B. The Public Works Director may require higher policy limits than set forth in TMC 14.30.12OA in those cases where the minimum amounts are deemed insufficient to cover possible risks. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured," and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from responsibility for damage to persons or property otherwise imposed by law, nor for damages in an amount greater than the insured amount. Issuance of a permit shall not form the basis of liability against the City for damages to persons or property arising from the development activities permitted by the City or otherwise undertaken by any person. 14.30.130 Exceptions. A. Requested by Applicant. 1. The Director may grant a written exception from any requirements of TMC Chapter 14.30 if there are exceptional circumstances applicable to the site such that strict adherence to the provisions contained herein will result in unnecessary hardship and not fulfill the purpose of TMC Chapter 14.30. The cost to design and construct the improvements shall not constitute hardship and shall not form the basis for an exception. 2. The applicant shall provide the Director a written request stating the specific exception sought and the reasons supporting the exception. 3. The Director may grant an exception to TMC Chapter 14.30 only if all of the following criteria are met: a. Strict compliance with the provisions of TMC Chapter 14.30 may jeopardize project feasibility and reasonable use of property; b. Proposed drainage facilities are consistent with the purpose and intent of TMC Chapter 14.30; c. Granting the exception or standard reduction will not be detrimental to the public welfare, public safety, existing drainage systems or other property in the drainage basin; and d. The recommendation of a registered civil engineer supports the exception. B. Low Impact Development. 1. In order to achieve the City's goal of increasing the amount of development with Iess impervious surface, the Director may approve exceptions to Public Works standards, including street standards. Exceptions requiring approval under the land use codes, such as parking and landscaping, must be made to the Department of Community Development. 2. The applicant shall provide justification for each exception and shall show that the project meets all other TMC requirements and that the project has a reasonable assurance of long -term success. 3. Each exception shall be assessed on the following criteria: a. The result will compensate for or be comparable with surface water flow control and treatment that is in the public's interest; W: \Word Processing \Ordinances \Surface Water Management Title 14.doc GV:ksn 1/7/2010 Page 8of1O b. The exception contributes to and is consistent with achieving low effective impervious surface area within a development; c. The exception contains reasonable assurances that low effective impervious surfaces will be achieved and maintained; d. Granting of the exception will not threaten public health and safety; e. The exception meets or is consistent with generally accepted engineering design practices; f. The exception promotes one or more of the following: (1) Innovative site or housing design; (2) Increase in on -site surface water retention using native vegetation; (3) Retention of at least 60% of natural vegetation conditions over the site; (4) Improved on -site water quality beyond that required in current standards adopted by the City; (5) Retention or recreation of predevelopment and /or natural hydrologic conditions to the maximum extent possible; and (6) Reduction of effective impervious surface to lowest extent practicable. g. The exceptions do not present significantly greater maintenance requirements at facilities that will eventually be transferred to the public ownership; h. Covenant, conditions and restrictions necessary for native growth protection easements, impervious surface restrictions and other such critical features necessary for the exceptions will be recorded against and will be binding against all affected properties. C. The Director may require a monitoring and evaluation plan in order to measure performance of specific elements in the exceptions. D. The Director may require a performance bond for 150% of the installation cost of the exceptions. E. The Director may require a two -year maintenance bond for 20% of the construction cost. 14.30.140 Liability. Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City of Tukwila for the development of any site within the City limits shall be the sole responsibility of the applicant. 14.30.150 Penalties. The following penalties shall be applied in whole or in part for the violation of permit conditions or for the failure to obtain permits required for activities regulated by TMC Chapter 14.30. All remedies shall be considered cumulative in addition to any other lawful action. Each day that a violation of this code is committed or permitted to continue constitutes a separate offense to which both the civil and criminal penalties set forth below shall apply. 1. The violation of or failure to comply with any order or requirements made in accordance with the provisions of TMC Chapter 14.30 is a civil violation. The provisions of TMC Chapter 8.45 shall be used to enforce this code. 2. It shall not be a defense to the prosecution for failure to obtain a permit required under TMC Chapter 14.30 that a contractor, subcontractor, person with responsibility on a site or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. 14.30.160 Abatement. The City may abate any surface water activity that is deemed a public nuisance and is performed in violation of TMC Chapter 14.30 or any lawful order or requirement of the Director. 14.30.170 Injunctive Relief. W:\ Word Processing Ordinances \Surface Water Management Title 14.doc GV:ksn 1/ Page 9 of 10 A. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate TMC Chapter 14.30 or any rule or other provision adopted or issued pursuant to TMC Chapter 14.30, it may either before or after the institution of any other action or proceeding authorized by TMC Chapter 14.30 institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under TMC Chapter 14.30 shall not relieve any party to such proceedings from any penalty prescribed for violations of TMC Chapter 14.30. 14.30.180 Appeals. The appeals process for /by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, "Enforcement." Section 2. Repealer. Ordinance No. 2064 is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W;\ Word Processing Ordinances \Surface Water Management Ti11e 14.doc GV;ksn 1/7/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 10 of 10 City of Tukwila TO: Mayor Haggerton Utilities Committee FROM: Public Works Director DATE: January 6, 2010 Attachment: IDDE Ordinance Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM SUBJECT: NPDES Program Project No. 93 -DR10 Illicit Discharge Detection and Elimination Ordinance ISSUE Adopt an Illicit Discharge Detection and Elimination Ordinance per NPDES Requirements. BACKGROUN D The National Pollutant Elimination System (NPDES) requires that the City adopt regulations and other requirements outlined in the City's general permit that became effective February 16, 2007. These requirements include providing regulations which prohibit most non stormwater discharges to surface water systems. DISCUSSION The City's existing Surface Water Ordinance has regulations prohibiting most non- stormwater discharges to stormwater systems; however, these existing regulations did not completely meet the requirements of the City's NPDES permit. Staff worked with the Department of Ecology's draft guidance document to model a new ordinance which meets all current NPDES permit requirements. This new ordinance has some minor changes which will minimally impact our residential community. RECOMMENDATION The Council is being asked to approve the Illicit Discharge Detection and Elimination Ordinance and consider this item at the January 25, 2009 Committee of the Whole meeting and subsequent February 1, 2009 Regular Meeting. W. \PW Eng PROJECTS \A- DR Projects \93•dr10 (NPDES Program) \INFORMATION MEMO fDE Ordinance doc AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING THE CITY'S MUNICIPAL STORMWATER SEWER SYSTEM, TO BE CODIFIED AT TUICWILA MUNICIPAL CODE CHAPTER 14.31, "ILLICIT DISCHARGE DETECTION AND ELIMINATION REPEALING ORDINANCE NO. 2064, §2 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington, pursuant to Chapter 90.48 RCW, which defines the Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila (the "City is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit and WHEREAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems, some of which are located within the City; and WHEREAS, the City is required to develop a Stormwater Management Program, including adoption of an ordinance prohibiting all non stormwater discharges into the municipal separate stormwater sewer systems and implementing appropriate enforcement procedures and actions pursuant to the Permit; and WHEREAS, the City wishes to adopt a new Chapter 14.31 of the Tukwila Municipal Code (TMC) to govern illicit discharge detection and elimination pursuant to the Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. New Regulations Established. New surface water management provisions, to be codified at Tukwila Municipal Code Chapter 14.31, "Illicit Discharge Detection and Elimination," are hereby established to read as follows: 14.31.010 Purpose. The purpose of this chapter is to provide for the health, safety and general welfare of the citizens of Tukwila, Washington, through the regulation of non- stormwater discharges to the stormwater drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the stormwater drainage system in order to comply with requirements of the National Pollutant Discharge Elimination System NPDES) permit process. The objectives of this chapter are: 1. To regulate the contribution of pollutants to the stormwater drainage system by stormwater discharges by any person. 2. To prohibit illicit connections and illicit discharges to the stormwater drainage system. W:\ Word Processing Ord inances \1DDL•.doc GV:ksn 1/7/2010 RAFT Page 1 of 5 3. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter. 14.31.020 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. "AKART" means All Known, Available and Reasonable methods of prevention, control and Treatment (see also the State Water Pollution Control Act, Sections 90.48.010 RCW and 90.48.520 RCW). 2. "Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. 3. "Clean Water Act" means the federal Water Pollution Control Act (33 U.S.C. §1251 et seq), and any subsequent amendments thereto. 4. "Director" means the Director of Public Works or his or her designee. 5. "Groundwater" means water in a saturated zone or stratum beneath the surface of the land or below a surface water body. 6. "Hazardous materials" means any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 7. "Hyperchlorinated" means water that contains more than 10 mg /liter chlorine. 8. "Illicit discharge" means any direct or indirect non stormwater discharge to the stormwater drainage system, except as exempted in the sections of this chapter titled "Allowable Discharges" and "Conditional Discharges." 9, "Illicit connections" means any man -made conveyance that is connected to a stormwater drainage system without a permit, excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, and inlets or outlets that are connected directly to the stormwater drainage system. 10. "National Pollutant Discharge Elimination System Stormwater Discharge Permit" means a permit issued by the Washington Department of Ecology under the authority delegated pursuant to 33 U.S.C. §1342(b) (Clean Water Act) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area -wide basis. 11. "Non stormwater discharge" means any discharge to the stormwater drainage system that is not composed entirely of stormwater. 12. "Person" means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. 13. "Pollutant" means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non- hazardous liquid, solid waste and yard waste; refuse, rubbish, garbage, litter or other discarded or abandoned objects, ordnance and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal waste; waste and residue that W;\ Word Processing Ordinances 1DDE,doc GV:sn1 /7/2010 Page 2 of 5 results from constructing a building or structure; and noxious or offensive matter of any kind. 14. "Pollution" means contamination or other alteration of the physical, chemical, or biological properties of waters of the State that will or is likely to create a nuisance or render waters harmful, detrimental or injurious 1) to public health, safety or welfare, or 2) to domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses, or 3) to livestock, wild animals, birds, fish or other aquatic life. Contamination includes discharge of any liquid, gas or solid radioactive or other substance. Alteration includes temperature, taste, color, turbidity or odor. 15. "Premises" means any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. 16. "Stormwater drainage system" means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. 17. "Stormzoater" means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, channels or pipes into a defined surface water channel or a constructed infiltration facility. 18. "Stormwater Pollution Prevention Plan" means a document that describes the best management practices and activities to be implemented by a person to identify sources of pollution or contamination at premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and /or receiving waters to the maximum extent practicable. 14.31.030 Applicability. This chapter shall apply to any materials and discharges other than stormwater entering the stormwater drainage system generated on any developed and undeveloped lands lying within the City of Tukwila. The Director is authorized to adopt written procedures for the purpose of carrying out the provisions of this chapter. 14.31.040 Responsibility for Administration. A. Inspection Authority. The Director is authorized to develop and implement an inspection program for the investigation of suspected illicit discharges and illicit connections in the City of Tukwila. B. Enforcement Authority. The Director shall enforce the requirements of this chapter. 14.31.050 Discharge Prohibitions. A. Prohibition of illicit discharges. 1. No person shall throw, drain or otherwise discharge or cause or allow others under its control to throw, drain or otherwise discharge directly or indirectly into the stormwater drainage system and /or surface and groundwaters any materials other than stormwater. 2. Examples of prohibited contaminants include, but are not limited to, the following: a. Trash or debris. b. Construction materials. c. Petroleum products, including but not Iirnited to oil, gasoline, grease, fuel oil and heating oil. d. Antifreeze and other automotive products. e. Metals in either particulate or dissolved form. f. Flammable or explosive material. g. Radioactive material. h. Batteries. W:\ Word Processing Ordinances \IDOE,doc CV:ksn 1/7/2010 Page 3 of 5 i. Acids, alkalis or bases. j. Paints, stains, resins, lacquers or varnishes, k. Degreasers and /or solvents or drain cleaners. I. Pesticides, herbicides or fertilizers. m. Steam cleaning wastes, n. Soaps, detergents or ammonia. o. Swimming pool or spa filter backwash. p. Chlorine, bromine or other disinfectants. q. Heated water, r. Domestic animal waste. s. Sewage. t. Recreational vehicle waste. u. Animal carcasses. v. Food waste. w. Bark and other fibrous materials. x. Lawn clippings, leaves or branches. y. Silt, sediment, concrete, cement or gravel. z. Chemicals not normally found in uncontaminated water. aa. Any other process- associated discharge, except as otherwise allowed in this section, and any hazardous material or waste not listed above. B. Prohibition of illicit connections. 1. The construction, use, maintenance or continued existence of illicit connections to the stormwater drainage system is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this chapter if that person allows a currently illicit stormwater drainage system connection to continue to exist. 14.31.060 Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Diverted stream flows, 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal Regulations (CFR) 35.2005(20). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is comingled with urban stormwater. 8. Springs. 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Discharges from emergency fire fighting activities. 14.31.070 Conditional Discharges. The following types of discharges shall not be considered illicit discharges for the purposes of this chapter if they meet the stated W: \Word Processing Ordinances \1DDE.doc CV:ksn 1/7/2010 Page 4 of 5 conditions or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater: 1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing and pipeline hydrostatic test water. Planned discharges shall be de- chlorinated to a concentration of 0.1 pprn or less, pH- adjusted to a level within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re- suspension of sediments in the stormwater system. 2. Lawn watering and other irrigation runoff are permitted but shall be minimized. 3. De- chlorinated swimming pool discharges. These discharges shall be de- chlorinated to a concentration of 0.1 ppm or less, pH- adjusted to a Ievel within the range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent re- suspension of sediments in the stormwater system. 4. Street and sidewalk wash water, water used to control dust and routine external building wash -down that does not use detergents are permitted if the amount of street wash and dust control water used is minimized. At active construction sites, street sweeping must be performed prior to washing the street. 5. Non- stormwater discharges covered by another NPDES permit, provided the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations, and provided that written approval has been granted from the Director for any discharge to the stormwater drainage system. 6. Other non stormwater discharges. The discharges shall be in compliance with the requirements of a Stormwater Pollution Prevention Plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or groundwater. 7. Storm system dye testing is allowable by the City and dye testing by others requires written notification to the City with approval from the Director. 14.31.080 Enforcement. Compliance with the requirements of this code shall be mandatory. The general penalties and remedies established in TMC Chapter 8.45 for such violations shall apply to any violation of this code. Section 2. Repealer. Ordinance No. 2064, §2 (part), is hereby repealed. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED 13Y THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W \Word Processing Ordinances \IUOG.doc GV:ksn 1/7/2010 Page 5 of 5 TO: FROM: DATE: SUBJECT: ISSUE Information Only. City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Utilities Committee Bob Giberson, Public Works Director January 6, 2010 2010 Public Works Utility Issues Discuss Utility Engineering issues that will be top priorities for the 2010 Utilities Committee and select Council meetings. Surface Water Items Howard Hanson Dam Update Water Utility Comprehensive Plan Flood Control District NPDES Update Surface Water Ordinance Update Illicit Discharge Ordinance Surface Water Comprehensive Plan Annual Small Drainage Program FEMA Model Floodplain Ordinance Updated FEMA Firm maps GIS Inventory Area 6 Update Duwamish Gardens Private System Adoptions Jim Haggerton, Mayor BACKGROUND The 2010 -2015 Financial Planning Model and Capital Improvement Program was adopted on December 7, 2009, and includes numerous projects that are slated for design and construction in 2010. Also, numerous development projects are in the works that have indirect impacts on our engineering program and projects. DISCUSSION The following issues are highly likely to be brought forward to Utilities Committee in 2010: C: \OOCUME- 11counter \LOCALS- llTemp \GWVrewer \Info Memo -2010 UC Issues 1.6.10,doc Water Items Andover Park E Water Main Replacement Cascade Water Alliance Update Water Comprehensive Plan AMR Water Meter Upgrades Water Rates Sewer Items Annual Sewer Repair Program Sewer Comprehensive Plan MWPAAC- Regional Sewer Issues Interurban Ave S Gravity Sewer Valley View Sewer Small Area Turnover Other Items Utility Franchise Agreements TMC 14 Update Standby Power Upgrades 6300 Bldg Solid Waste Comprehensive Plan Telephone System Study (for 2011) Valley Cities Broadband Project