HomeMy WebLinkAboutUtilities 2013-11-04 Item 2B - Ordinance - Surface Water Management UpdateTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
DATE: November 1, 2013
SUBJECT: Ordinance to Update Surface Water Management
Tukwila Municipal Code Section 14.30.030
ISSUE
The current Surface Water Management Ordinance requires clarification of the definition of
"conveyance system ".
BACKGROUND
The Surface Water Management Ordinance No. 2274 was last updated in 2010 to include
regulations required to comply with the Clean Water Act and NPDES permits regulated by the
Federal Environmental Protection Agency through the State Department of Ecology.
One of the primary purposes of the Surface Water Management Ordinance is to "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
endanger aquatic and benthic life within surface waters and receiving waters within the State;"
(TMC 14.30.020 (2)).
As defined in the Tukwila Municipal Code (TMC) "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 include swales, streams, rivers,
lakes and wetlands. Man -made features include gutters, ditches, pipes and detention /retention
facilities; (TMC 14.30.030 (6)).
DISCUSSION
Since the definition of conveyance system includes rivers, it is a logical step to revise the list of
man -made features to include dikes, levees, and revetments, as shown in the attached strike -
through and underline version of the proposed Surface Water Management Ordinance (TMC
Section 14.30.030).
This small change clarifies the intent of the ordinance to include all drainage features in the City
of Tukwila.
RECOMMENDATION
The Council is being asked to approve this ordinance amending Tukwila Municipal Code,
Chapter 14.30.030(6) by revising the definitions and consider this item at the November 12,
2013 Committee of the Whole Meeting and subsequent November 18, 2013 Regular Meeting.
Attachments: Draft SWM Ordinance Section 14.30.030
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2274, AS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 14.30, "SURFACE WATER MANAGEMENT," TO
CLARIFY REGULATIONS REGARDING SURFACE WATER
MANAGEMENT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila ("City") regulates surface water within the City using
the regulations set forth in Tukwila Municipal Code Chapter 14.30, "Surface Water
Management"; and
WHEREAS, the City Council deems it to be in the best interest of public safety,
health and welfare for its citizens to amend existing surface water regulations to clarify
the definition of "conveyance system";
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as
codified at TMC Section 14.30.030, "Definitions," subparagraph 6, is hereby amended to
read as follows:
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 include swales, streams, rivers, lakes and
wetlands. Man-made features include gutters, ditches, pipes,-and detention/retention
facilities,, dikes, levees and revetments.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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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 , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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