HomeMy WebLinkAboutUtilities 2016-09-13 Item 2B - Review - NPDES: Surface Water Management Low Impact Development Code Amendments (TMC Title 14 "Water and Sewer")r IL4 W,q
sy City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Greg Villanueva, NPDES Coordinator
CC: Mayor Ekberg
DATE: September 9, 2016
SUBJECT: National Pollutant Discharge Elimination System (NPDES)
Project NO. 99341210
Surface Water Management LID Code Amendments — TMC Title 14
ISSUE
Review new Surface Water Management Ordinance per National Pollutant Discharge Elimination System
(NPDES) permit requirements.
BACKGROUND
The City operates the surface water system under a general NPDES permit issued by the Department of
Ecology (DOE). The NPDES permit allows the City to discharge surface water to Waters of the State provided
we meet the NPDES permit requirements. The City's current NPDES permit requires that the City adopt either
the 2012 DOE Surface Water Design Manual or an equivalent surface water manual, such as the 2016 King
County Surface Water Design Manual (KCSWDM), by December 31, 2016.
ANALYSIS
The intent of the required storm water manual update is to make Low Impact Development (LID) techniques the
preferred and commonly -used approach to site development and or re- development. LID refers to systems and
practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or storage on site
using soil or vegetation.
Staff reviewed the 2016 KCSWDM and determined that it is the City's best option to meet the NPDES permit
requirements. In order to be considered equivalent to the DOE manual, the City must also adopt the 2016 King
County Stormwater Pollution Prevention Manual (KCSPPM) and ensure that other development codes are
equivalent to King County codes referenced in the KCSWDM. Both manuals are adopted through a City
Ordinance process. The proposed substantive changes to the Surface Water Management Ordinance are:
• Adopt the 2016 KCSWDM in place of the 2009 KCSWDM (design manual)
• Adopt the 2016 KCSPPM in place of the 2009 KCSPPM (prevention manual)
• Add a section on trash and waste receptacle requirements
• Add catch basin labeling
The proposed code revisions will first be sent to the Dept. of Commerce for review prior to Ordinance adoption.
FINANCIAL IMPACT
No financial impact.
RECOMMENDATION
For information only.
Attachments: Draft Code Revisions in Strikethrough and Underline Form
LID Milestones and Schedule
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CHAPTER 14.30
SURFACE WATER MANAGEMENT
Sections:
14.30.010 Authority
14.30.020 Purpose
14.30.030 Definitions
14.30.040 Applicability
14.30.050 Compliance
14.30.060 Standards
14.30.070 Permits
14.30.080 Stormwater Drainage System Maintenance and
Inspection Requirements
14.30.090 Special Drainage Fee
14.30.100 Inlet Marking
14.30.110 Financial Guarantees
14.30.120 Insurance
14.30.130 Exceptions
14.30.140 Liability
14.30.150 Penalties
14.30.160 Abatement
14.30.170 Injunctive Relief
14.30.180 Appeals
14.30.010 Authority.
A. The Public Works Director shall administer TMC Chapter 14.30. The Director's
authority includes the establishment and publication of regulations and procedures to
supplement and implement this Chapter, approval of permits and exceptions, and
enforcement and implementation of measures necessary to carry out the intent of TMC
Chapter 14.30. Such regulations and procedures shall be incorporated within Chapter 5
of the Public Works Infrastructure and Design and Construction Standards, as
amended, revised or re- adopted from time to time and hereinafter known and referred
to as the Public Works Surface Water Regulations and Procedures.
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
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:
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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 infrastructure;
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; provided that words or
phrases not defined herein that are defined in the City of Tukwila Surface Water Design
Manual or Stormwater Pollution Prevention Manual, shall have the meaning given
therein.
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.
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.
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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 include 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 *(LIDS," moans use of innovative or creative
approaches to site design, using methods such as retention of natural vegetation,
in traditional site features such as roads and structures to achieve dramatically
reduced or zero drainage discharge from the site after development means a
:stormwater and land use ;management strategy that strives to mimic pre - disturbance
hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by
emphasizing conservation, use of on -site natural features, site planning, and distributed
stormwater management practices that are integrated into a project design.
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 registered professional engineer licensed in the State of
Washington.
15. "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
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results from constructing a building or structure; and noxious or offensive matter of any
kind.
16. "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.
17. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
18. "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.
19. "Sediment" means fragmented material originating from weathering and
erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
deposited by water.
20. "Sedimentation" means the deposition or formation of sediment.
21. "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.
22. "Surface water plan" means a set of drawings and documents submitted as
prerequisite to obtaining a development permit.
23. "Stormwater" means surface water.
24. "Stormwater drainage system" means conveyance system.
25. "Surface flow" means flow that travels overland in a dispersed manner (sheet
flow) or in natural channels or streams or constructed conveyance system.
26. "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.
27. "TMC" means the Tukwila Municipal Code.
28. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
29. "Water body" means a creek, stream, pond, wetland, lake or river.
30. "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 development 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,
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rules, regulations, covenants, standards or restrictions. Where TMC Chapter 14.30
imposes requirements that provide more protection to human health or the
environment, 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 the minimum standards and requirements set forth m 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
performed in the public rights -of -way, or for operation and maintenance activities by
the Department of Parks and Recreation.
E. Unless otherwise required by law, in the event of a conflict or inconsistency
between a standard or requirement of this chapter and a standard or requirement of the
Public Works Surface Water Regulations and Procedures, the SWDM, the DOE SWDM
or the SPPM, this chapter shall control to the extent of the conflict or inconsistency;
provided that, if a requirement or standard of the Public Works Surface Water
Regulations and Procedures, SWDM, DOE SWDM or SPPM, is more restrictive, i.e.,
provides more protection to human health or the environment, then the more restrictive
requirement or standard shall control. For example, if a particular core requirement
exemption allowed under the SWDM is not allowed pursuant to the Public Works
Surface Water Regulations and Procedures, the more restrictive standard of the Public
Works Surface Water Regulations and Procedures will apply.
14.30.060 Standards. All development 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 2016 King County Surface Water Design Manual (hereafter known
and referred to as "KCSWDM "), attached hereto as "Exhibit A" (or in the alternative) as
filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila
Surface Water Design Manual and, together with the amendments thereto as set forth m
this section, shall be known and referred to as the Surface Water Design Manual or the
SWDM. The Director will review subsequent amendments to the KCSWDM and will
make recommendations to the City Council for adoption as needed and as applicable,
or will adopt and implement necessary administrative regulations and /or procedures
pursuant to the Director's authority under TMC Section 14.30.010(A).
3. The Department of Ecology 2005 2012 Stormwater Management Manual for
Western Washington, hereafter known and referred to as the "DOE SWDM," may be
used for project design for multi- jurisdictional development projects wherein a
substantial and material portion of the development project will take place outside of
the jurisdictional boundaries of the City and will be required by a permitting authority
to comply with the standards set forth in the DOE SWDM; provided that the Public
Works Director approves of the DOE SWDM based upon a finding that application of
differing standards set forth in the SWDM and the DOE SWDM will create a hardship
for the applicant, and that approval of use of the DOE SWDM will not result in
requirements that are less restrictive than the SWDM or otherwise inconsistent with the
purpose of this chapter.
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4. The 2009 2016 King County Stormwater Pollution Prevention Manual,
hereafter known and referred to as "KCSPPM," attached hereto as Exhibit B (or in
alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City
of Tukwila Stormwater Pollution Prevention Manual and, together with the
amendments thereto as set forth in this section, shall be known and referred to as the
Stormwater Pollution Prevention Manual or the "SPPM." The Director will review
subsequent amendments to the KCSPPM and will make recommendations to the City
Council for adoption as needed and as applicable, or will adopt and implement
necessary administrative regulations and /or procedures pursuant to the Director's
authority under TMC Section 14.30.010(A).
5. The Public Works Surface Water Regulations and Procedures.
6. 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.
7. Unless the context indicates otherwise, the following terms and phrases, as
used in the SWDM or the SPPM, shall have the meaning or reference given.
Table 14.1 Tukwila Terminology Equivalents to King County Terminology
King County Term
City of Tukwila Term
Agricultural Project
Term does not apply.
Critical Drainage
Area
Critical Drainage Area means an area as determined by
the City needing additional controls to address flooding,
drainage and /or erosion condition that poses an
imminent likelihood of harm to the welfare and safety of
the surrounding community.
DDES1
City of Tukwila Department of Community
Development.
DNRPI
City of Tukwila Department of Community
Development.
Director
City of Tukwila Public Works Director.
King County
City of Tukwila.
King County Road
Standards
City of Tukwila Infrastructure Design and Construction
Standards and the requirements of the City of Tukwila
Transportation Public Works Department and Surface
Water Utility as applicablc.
Water and Land
Resource Division
City of Tukwila Public Works.
Zoning
Classifications:
Agriculture (A);
Forest (F); Rural (Z)
These zoning classifications are intended for areas
outside the Urban Growth Boundary; therefore the City
of Tukwila contains no equivalent zoning. Refer to City
of Tukwila zoning maps and designations.
1Other terms used in the KCSWDM to reference other King County staff or
departments shall also refer to the City of Tukwila Department of Community
Development.
8. All references in the SWDM or the SPPM to the following King County codes,
or any section thereof, shall be replaced by reference as indicated in Table 14.2 to the
applicable code and comparable section thereof.
Table 14.2 Tukwila Municipal Code Equivalent to King County Code1
King
County Code
Description
Tukwila
Code iTMC)
Description
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KCC 2.98
Critical Drainage Areas
TMC 14.30
WATER AND SEWER -
Stormwater Management
KCC 16.82
BUILDING AND
CONSTRUCTION
STANDARDS -
Clearing and Grading
TMC 16.54
BUILDING AND
CONSTRUCTION -
Grading
KCC 21A.14
Development Standards
Design Requirements
TMC 14.30
WATER AND SEWER -
Stormwater Management
KCC 21A.24
Critical Areas
TMC 18.45
ZONING -
Environmentally
Sensitive Areas
KCC 21A.06
Technical Terms and
Land Use Definitions
TMC 18.08
ZONING - Districts
Established - Map
KCC 20.14
Basin Plans
TMC 14.30
WATER AND SEWER -
Stormwater Management
KCC 25
Shoreline Management
TMC 18.44
ZONING - Shoreline
Overlay District
KCC 9
KCC 9.02
KCC 9.04
KCC 9.08
KCC 9.12
KCC 9.14
Surface Water
Management
General Provisions
Surface Water Runoff
Policy
Surface Water
Management Program
Water Quality
Groundwater
Protection
TMC 14.30
TMC 18.45
WATER AND SEWER -
Stormwater Management
ZONING -
Environmentally
Sensitive Areas
1This table identifies the main City municipal code chapters that contain
information /requirements for the City where the SWDM references the King
County code. There may be other instances where other City code chapters
also apply.
9. All references in the SWDM and SPPM to the following maps shall be
replaced by reference as indicated in Table 14.3.
Table 14.3 Tukwila Maps Equivalent to King County Maps or Designation
King County Map or
Designation
City of Tukwila Map or Designation
Coal Mine Hazard Areas
Map
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Landslide Hazard Area
and Landslide Drainage
Areas Map
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Water Quality
Applications Map
Not applicable.
Aquatic areas (as defined
in KCC 21A.06)
Maps delineating stream and wetland types and
their associated buffers within Tukwila are
available at the Department of Community
Development service desk.
Wetlands (as defined in
Maps delineating stream and wetland types and
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KCC 21A.06)
their associated buffers within Tukwila are
available at the Department of Community
Development service desk.
Seismic Hazard Areas
Defined and regulated through the Washington
State Building Code.
Flood Hazard Area (as
defined in KCC 21A.06)
Flood Plain Management will be regulated
through TMC 16.52.
Steep Slope Hazard Area
(no map referenced in the
KCSWDM)
Maps delineating landslide areas, steep slopes and
coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Critical Aquifer Recharge
Area (as defined in KCC
21A.06)
Not applicable.
Wildlife Habitat
Conservation Area (as
defined in KCC 21A.06)
Fish and wildlife habitat conservation areas will
be regulated through TMC Chapter 18.44,
Shoreline Overlay District and the regulations in
TMC Chapter 18.45 related to wetlands and
watercourses.
Wildlife Habitat Networks
(as defined in KCC
21A.06)
No equivalent.
All references in the SWDM to the Stormwater Pollution Prevention Manual
shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant
to this Chapter 14.30 of the Tukwila Municipal Code.
All references in the SPPM to the Stormwater Design Manual shall mean and
refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter
14.30 of the Tukwila Municipal Code.
The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended
by striking "by administrative rule under the procedures specified in KCC
2.98."
The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development
shall mean and refer to the equivalent such designation under the City of
Tukwila Comprehensive Plan as determined by the City of Tukwila
Community Development Director.
The note following the third sentence of Section 1.1.3 of the SWDM is stricken.
The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is
stricken.
The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110
shall mean and refer to the applicable provision of Title 19 of the Tukwila
Municipal Code.
All references to Critical Area Review in the SWDM and the SPPM shall mean
and refer to Critical Area Review pursuant to Title 18 of the Tukwila Municipal
Code.
References in the SWDM and SPPM to Chapter 16.82 of the King County Code
shall mean and refer to the clearing and grading provisions of Title 16 of the
Tukwila Municipal Code.
Subsection F of Section 1.2.4.3 of the SWDM is omitted.
The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and
refer to the financial guarantee requirements of the applicable provisions of the
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Tukwila Municipal Code or the Public Works Surface Water Regulations and
Procedures.
Section 1.4.4 of the SWDM is stricken and replaced with the following:
All variances ( "Adjustments ") from Chapter 14.30 of the TMC, the SWDM and
the SPPM shall be governed by the procedures, standards and requirements set
forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may
hereafter be amended.
The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer
to the applicable provisions of Title 18 of the Tukwila Municipal Code.
References to offices of King County shall mean and refer to the equivalent
offices of the City of Tukwila.
Except when the context indicates otherwise, references in the SWDM and the
SPPM to specific codes or sections of codes of King County, such as the King
County critical areas code, shoreline management code, clearing and grading
code, and road standards, shall mean and refer to the equivalent codes or
sections of codes of the City of Tukwila.
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 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
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 Stormwater Drainage System Maintenance and Inspection Requirements.
A. All Stormwater Drainage Systems. All public and private stormwater drainage
systems providing permanent stormwater treatment and /or flood control shall be
inspected and maintained in accordance with the standards contained in the Surface
Water Design Manual. The following are additional minimum standards for the
maintenance of all stormwater drainage systems:
1. All stormwater treatment and flow control components of stormwater
drainage systems shall be inspected annually, but the frequency of such inspections
may be reduced based on inspection records. Owners of private stormwater drainage
systems shall be responsible for maintenance, inspection and corrections. The City will
perform periodic inspections of these same stormwater drainage systems.
2. When an inspection identifies an exceedance of the maintenance standard,
maintenance shall be performed by the owner or person in control of the stormwater
drainage systems within the following time period:
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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.
3. The Director or his or her designee may order corrective maintenance to
occur within a specific time period.
4. 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 imminent hazard.
5. When the City has given a stormwater drainage system owner or person in
control prior notification and the owner or person in control has failed to maintain such
stormwater drainage system 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.
6. Maintenance of private stormwater drainage systems and implementation of
best management practices are the responsibility of the owners and persons in control
of the stormwater drainage systems.
7. If the property owner(s) or person in control does not maintain the
stormwater drainage system 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) and /or person
in control 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 stormwater drainage systems, the applicant shall
provide a monitoring and maintenance schedule for the life of each stormwater
drainage system or component thereof 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 stormwater drainage systems 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.
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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 stormwater drainage systems.
14.30.090 Special Drainage Fee. When the City accepts stormwater drainage system
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 basin grates, public or private, shall be marked "No
Dumping! Drains to Stream." In addition, a four inch raised pavement marking that
states "No dumping Drains to Streams" or equivalent as approved by the Public Works
Director.
B. Existing inlets and catch basin gratess, in areas being resurfaced or when being
modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a
four inch raised pavement marking that states "No dumping Drains to Streams" or
equivalent as approved by the Public Works Director.
C. The marking shall meet the standard in the City's Development Guidelines and
Design and Construction Standards.
14.30.110 Trash Enclosures and Waste Receptacles
A. Restaurants, including food preparation facilities and facilities that have been
determined to have pollution generating activities, shall have a dedicated trash
enclosure and /or trash compactor within a dedicated area that drains to a catch basin
which is connected t the sanitary sewer. , facilities with an outdoor trash compactor, or
facilities that have been determined to have pollution generating waste activities, shall
have a dedicated roof covered trash enclosure that drains to a catch basin connected to a
grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be
kept clean and contained and not allowed to drain to a storm drainage system.
B.
Dumpsters,
garbage and waste containers shall be leak -proof and kept closed or lidded at all times
except for when disposing of waste materials.
C. Grease storage containers shall be kept covered at all times and shall have spill
containment. The area shall be kept clean and clear of any fats, oil or grease and not
allowed to drain to a storm drainage system or sanitary sewer system
14.30.440120 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.
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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 staff's 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.
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 Section 14.30.120A 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.
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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 less 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;
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;
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(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.
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."
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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 day;,On
December 31, 2016 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
28182016.
A' I TEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A - The 2009 2016 King County Surface Water Design Manual
(KCSWDM)
Exhibit B - The 2009 2016 King County Stormwater Pollution Prevention
Manual (KCSPPM)
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Low Impact Development Milestones and Adoption Schedule
1. December 16, 2015
- LID Gap Analysis Consultant Agreement with Otak, Inc. signed.
2. February 5, 2016
- Staff & Otak begin LID coordination teleconference bi- weekly meetings.
3. February 23, 2016
- LID Team Introduction Kickoff meeting with Otak and key department staff, PW, DCD, Fire, Water,
Sewer /Surface Water, Street, and Parks Departments - Otak
- Utilities Committee LID Code Update presentation - PW /Otak
4. March 21, 2016
- LID Team second meeting and review LID gap analysis - Otak
- Transportation Committee Lid Code Update presentation - PW
5. May 14, 2016
- Provide LID information booth at Wildlife Festival — PW
6. April 29, 2016
- Review TMC & King County SWDM equivalency - PW
7. May 25, 2016
- PW staff begin review of LID Code Update findings and recommendations report
- Otak begins developing plant list
8. June 20, 2016
- LID Code recommendation finalization teleconference meeting
9. July 8, 2016
- Otak begins Infrastructure Design and Construction Standards updates and Standard details updates
10. August 10, 2016
- Surface Water Low Impact Development Open House held at TCC PW
11. August 29, 2016
- Online Agenda Item Submission Form submitted to City Clerk's Office — PW
12. September 6, 2016
- Submit Utilities Committee info memo to RL /GL /SM. Attach LID schedule, Utilities and
Transportation Committee previous minutes (FYI) — PW
- Brief City Administrator on LID code amendments & KCSWDM adoption items — PW
13. September 9' 2016
- Otak submits final draft of TMC 16 & 18.
- Forward three draft code revisions (TMC 14,16, and 18) to Moira /DCD to send to Department of
Commerce (60 day comment period) - PW
14. September 13, 2016
- Utilities Committee, request approval to adopt TMC Title 14 -2016 King County Surface Water
Design Manual and forward to COW. - Info memo PW
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- Request approval to forward code amendments to Title 18 to the October 27, 2016 Planning
Commission for Public Hearing and recommendation - Info memo PW
Executive Staff Title 14 Ordinance review period over. Forward Title 14 Ord. to City Attorney & City
Clerk's office for review and preparation - PW
15. September 26, 2016
- Committee of the Whole, request approval to adopt the 2016 King County Surface Water Design
Manual and 2016 Stormwater Pollution Prevention Manual. Forward to Council Regular Meeting.
PW.
16. September 27, 2016
- Utilities Committee, request approval to adopt Title 16 - Grading
17. October 11, 2016 (or sooner)
- Submit Public Notice to Wynetta /DCD for Planning Commission Public Hearing — PW
18. October 13, 2016
- Submit Planning Commission packets, Title 18, to Wynetta /DCD - PW
19. October 19, 2016 (or sooner)
- Submit Public Notice language /description for Ordinance 16, & 18.
20. October 31, 2016
- Public Hearing notice publish date for Nov. 14th COW Public Hearing
21. October 27, 2016
- Planning Commission, LID presentation by OTAK. TMC, Title 18 - Zoning, Chapter 18.06, 18.20,
18.28, 18.52, 18.56 — OTAK, PW
- Anticipate Planning Commission recommendations to Committee of Whole on November 14th
22. November 9, 2016
- Expect Department of Commerce notice
23. November 14, 2016
Committee of Whole, LID presentation by OTAK, Public Hearing on draft ordinances, for Title 14, 16
& 18. Otak, PW.
- Anticipate COW to forward recommendations to Council Regular meeting on November 21'
- Present Planning Commission LID finding & recommendations. Request forwarding
recommendations to Council regular meeting November 21'
24. November 21, 2016
- Council Regular meeting. Anticipate adoption of TMC Title 14, 16, and 18 - with effective dates of
December 31, 2016.
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