HomeMy WebLinkAboutOrd 2516 - Surface Water Management: Trash and Waste Receptacles (Repealed by Ord 2675)City of Tukwila
Washington
Cover page to Ordinance 2516
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA,, WASHINGTON,, AMENDING ORM ANCE NO. 2274 §,1
(FART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 14,311030, 11430,060 AND 114,30,100, TO UPDATE
REGULATIONS REGARDING SURFACE WATER MANAGEMENT
ESTABLISHING A NEW SECTION ENTITLED "TRASH AND
WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA
MUNICIPAL CODE" SECTION 14,30,110; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE,
Ordinance 2516 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed
Repealed by Ord #
2675
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1
(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 14.30.030, 14.30.060 AND 14.30.100, TO UPDATE
REGULATIONS REGARDING SURFACE WATER MANAGEMENT;
ESTABLISHING A NEW SECTION ENTITLED "TRASH AND
WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA
MUNICIPAL CODE SECTION 14.30.110; 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
Washington State Department of Ecology's authority and obligations in administering
the program; and
WHEREAS, the City of Tukwila is regulated under the Washington State
Department of Ecology's Western Washington Phase 11 Municipal Stormwater Permit
(the "Permit"); and
WHEREAS, the Permit extends the coverage of the NPIDES 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 2010 by City of
Tukwila Ordinance No. 2274, and amended by Ordinance No. 2423, no longer
effectively address the surface water management requirements outlined above; and
WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate
public notice, held a public hearing on the draft ordinance; and
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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. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as
codified at Tukwila Municipal Code (TMC) Section 14.30.030, "Definitions,"
subparagraph 13, is hereby amended to read as follows:
14.30.030 Definitions
13. "Low impact development ("LID") 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.
Section 2. TMC Section 14.30.060 Amended. Ordinance No. 2274 §1 (part), as
codified at TMC Section 14.30.060, "Standards," is hereby amended to read as follows:
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 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 in 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 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
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that are less restrictive than the SWDM or otherwise inconsistent with the purpose of
this chapter.
4. The 2016 King County Stormwater Pollution Prevention Manual, hereafter
known and referred to as "KCSPPM," attached hereto as Exhibit B (or in the 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 TIVIC 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. See
Figure 14-4 relating to Tukwila Terminology Equivalents to King County Terminology.
Figure 14.4 — 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.
DDES'
City of Tukwila Department of Community Development.
DNRP1
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 Public Works
Depa ment.
Water and Land
Resource Division
City of Tukwila Public Works.
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Zoning Classifications:
These zoning classifications are intended for areas outside the
Agriculture (A);
Urban Growth Boundary; therefore the City of Tukwila contains
Forest (F);
no equivalent zoning. Refer to City of Tukwila zoning maps and
Rural (Z)
designations.
'Other 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 Figure 14-5
to the applicable code and comparable section thereof.
9. All references in the SWDM and SPPM to the following maps shall be
replaced by reference as indicated in Figure 14-6.
Figure 14.6 — Tukwila Maps Equivalent to King County Maps or Designation
King County Map or
City of Tukwila Map or Designation
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
Maps delineating landslide areas, steep slopes and coal
Landslide Drainage Areas Map
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
Maps delineating stream and wetland types and their
KCC 21A.06)
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 their
KCC 21A.06)
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
Flood Plain Management will be regulated through TMC
in KCC 21A.06)
Section 16.52.
Steep Slope Hazard Area (no
Maps delineating landslide areas, steep slopes and coal
map referenced in the
mine hazard areas within Tukwila are available at the
KCSWDM)
Department of Community Development service desk.
Critical Aquifer Recharge Area
Not applicable.
as defined in KCC 21A.06)
Wildlife Habitat Conservation
Fish and wildlife habitat conservation areas will be
Area (as defined in KCC 21A.06)
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
No equivalent.
defined in KCC 21A.06)
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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 21 A.24.1 10 shall mean
and refer to the applicable provision of Title 18 of the Tukwila Municipal Code.
All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to
Environmentally Sensitive 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 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 TIVIC, 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.
Section 3. TMC Section 14.30.100 Amended. Ordinance No. 2274 §1 (part), as
codified at TIVIC Section 14.30.100, "Inlet Marking," is hereby amended to read as
follows:
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 shall be installed.
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B. Existing inlets and catch basin grates 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 shall be installed.
C. The marking shall meet the standard in the City's Development Guidelines and
Design and Construction Standards.
Section 4. Regulations Established. TIVIC Section 14.30.110, "Trash and Waste
Receptacles," is hereby established to read as follows:
14.30.110 Trash and Waste Receptacles
A. Restaurants, including food preparation facilities; facilities with an outdoor trash
compactor; or facilities that have been determined to generate pollution or 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 shall not drain to a storm
drainage system.
B. Dumpsters and garbage and waste containers shall be leak-proof and kept
closed or lidded at all times except 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
shall not drain to a storm drainage system or sanitary sewer system
Section 5. TIMIC Sections Recodified. The following TIVIC sections are hereby
renumbered to be codified as follows:
14.30.120
Financial Guarantees
14.30.130
Insurance
14.30.140
Exceptions
14.30.150
Liability
14.30.160
Penalties
14.30.170
Abatement
14.30.180
Injunctive Relief
14.30.190
Appeals
Section 6.
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
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other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 7. Severability. If any section subsection, paragraph, sentence, clause or
phase 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 8. 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 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 _��_04 day of al 2016.
ATTEST /AUTHENTICATED:
L'TLIlk
Christy O'Flagerty, MMC, City Clerle
APPROVED AS TO FORM BY:
q��✓
Rachel B. Turpin, City Attorney
Attachments:
Filed with the City Clerk'_
Passed by the City Council:
Published:
Effective Date: n a,,
Exhibit A — 2016 King County Surface Water Design Manual (KCSWDM)
Exhibit B — 2016 King County Stormwater Pollution Prevention Manual (KCSPPM)
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2515 -2521.
On December 5, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2515: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF
TUKWILA FOR THE 2017 -2018 BIENNIUM; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2516: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND
14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER
MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE
RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION
14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
Ordinance 2517: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050,
16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT
REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT
APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE
CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065
RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2518: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT
LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF
SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING
ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC
CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE - FAMILY
RESIDENTIAL PROPERTY "; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND
1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE"
(DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2519: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §1, §2, AND §8, AND
ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2520: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO REDUCE
DEVELOPMENT AND LAND USE FEES FOR CERTAIN AFFORDABLE HOUSING
PROJECTS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 16.04,
16.54, AND 18.88; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2521: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS FOR A RESIDENTIAL
IMPACT FEE DEFERRAL, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTERS 9.48, 16.26 AND 16.28; AMENDING AND /OR ADDING SECTIONS IN
EACH OF THE AFOREMENTIONED CHAPTERS RELATING TO EXEMPTIONS AND
DEFINITIONS (AMENDING ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305
§1 AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 8, 2016