HomeMy WebLinkAboutSpecial 2022-06-27 Item 4B - Ordinance - Eliminate TMC Chapter 14.31 "Illicit Discharge Detection and Elimination" / Reenact TMC Chapter 14.30 to Update Stormwater Safety, Control and Management Regulations (NPDES)COUNCIL AGENDA SYNOPSIS
Initinir
Meeting Date
Prepared )
iVlayor'S review
Council review
06/13/22
JR
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
06/27/22
JR
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
11 Ordinance
Mtg Date 06/13/22
SPONSOR ❑Council ❑Mayor ❑HR DCD ❑Finance ❑Fire ❑TS' P&R ❑Police
BPIF ❑Court
SPONSOR'S The National Pollutant Discharge Elimination System (NPDES) requires the City to adopt
SUMMARY regulations and other requirements outlined in the City's NPDES Phase II Permit. The City
utilizes the 2016 King County Surface Water Design Manual (KCSWDM) and has created
language that requires application of source control BMPs as required. The Council is being
asked to approve the Surface Water Ordinance adopting the 2021 (KCSWDM) and the 2021
King County Stormwater Pollution Prevention Manual (SPPM).
REVIEWED BY
Trans&Infrastructure
ITEM INFORMATION
ITEM No.
Spec 4.B.
283
STAFF SPONSOR: GREG VILLANUEVA
ORIGINAL AGENDA DATE: 06/13/22
AGENDA ITEM TITLE Ordinance for NPDES Phase II
Municipal Stormwater
Permit Requirement
CATEGORY ❑ Discussion
Mtg Date
❑ Motion
Mtg Date
❑ Resolution
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
11 Ordinance
Mtg Date 06/13/22
SPONSOR ❑Council ❑Mayor ❑HR DCD ❑Finance ❑Fire ❑TS' P&R ❑Police
BPIF ❑Court
SPONSOR'S The National Pollutant Discharge Elimination System (NPDES) requires the City to adopt
SUMMARY regulations and other requirements outlined in the City's NPDES Phase II Permit. The City
utilizes the 2016 King County Surface Water Design Manual (KCSWDM) and has created
language that requires application of source control BMPs as required. The Council is being
asked to approve the Surface Water Ordinance adopting the 2021 (KCSWDM) and the 2021
King County Stormwater Pollution Prevention Manual (SPPM).
REVIEWED BY
Trans&Infrastructure
❑ CommunitySvs/Safety Financc Comm. Planning/Economic Dcv.
❑ Arts Comm. ❑ Parks Comm. n Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
❑ LTAC
DATE: 06/06/22
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
Public Works Department
Forward to Committee of the Whole and Special Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
06/13/22
Forward to next Special Meeting
06/27/22
MTG. DATE
ATTACHMENTS
06/13/22
Informational Memorandum dated 06/03/2022
Surface Water Management Ordinance
2021 King County Surface Water Design Manual (link)
2021 King County Stormwater Pollution Prevention Manual (link)
Minutes from Transportation and Infrastructure Committee meeting of 06/06/2022
06/27/22
Final Ordinance
283
284
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2274,
2516 AND 2423, AS CODIFIED IN TUKWILA MUNICIPAL CODE
(TMC) CHAPTER 14.30, "SURFACE WATER MANAGEMENT;"
REPEALING ORDINANCE NO. 2275, THEREBY ELIMINATING
TMC CHAPTER 14.31, "ILLICIT DISCHARGE DETECTION AND
ELIMINATION;" REENACTING TMC CHAPTER 14.30 TO UPDATE
REGULATIONS REGARDING STORMWATERSAFETY,CONTROL
AND MANAGEMENT; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila manages its stormwater pursuant to the National Pollution
Discharge Elimination System (NPDES) Permit administered by the Washington State
Department of Ecology; and
WHEREAS, the NPDES permit requires the City to take various actions to control and
manage inputs into its municipal stormwater system; and
WHEREAS, the City recognizes the importance of effective management of stormwater in
protecting residents and the surrounding environment; and
WHEREAS, this ordinance will update the City's stormwater management code provisions
to address requirements in the NPDES permit and reorganize the code to achieve City goals of
simplicity, consistency, and clarity in its stormwater regulations; and
WHEREAS, the City Council finds that adoption of this ordinance for municipal stormwater
control and pollution prevention prevents harm to the health or safety of the public, and promotes
the public health, safety and general welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealed. Ordinance Nos. 2274, 2516 and 2423, as codified in Tukwila
Municipal Code (TMC) Chapter 14.30, are hereby repealed.
Section 2. Repealer. Ordinance No. 2275, as codified in TMC Chapter 14.31, is
hereby repealed, thereby eliminating TMC Chapter 14.31, "Illicit Discharge Detection and
Elimination."
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Section 3. TMC Chapter 14.30 Reenacted. TMC Chapter 14.30 is hereby re-
enacted to read as follows:
CHAPTER 14.30
SURFACE WATER MANAGEMENT
Sections:
14.30.010 Authority
14.30.020 Purpose and Intent
14.30.030 Definitions
14.30.040 Applicability
14.30.050 Compliance
14.30.060 Standards
14.30.070 Permits
14.30.080 Compliance Required
14.30.085 Maintenance Required
14.30.090 Inspection Authority and Procedure
14.30.100 Inspection and Maintenance Schedule for Stormwater Flow Control
and Water Quality Treatment Facilities
14.30.110 Maintenance Covenant Required for Stormwater Flow Control and
Water Quality Treatment Facilities
14.30.120 Inspection and Maintenance Records
14.30.130 Special Drainage Fee
14.30.140 Inlet Marking
14.30.150 Trash and Waste Receptacles
14.30.160 Financial Guarantees
14.30.170 Insurance
14.30.180 Discharge Prohibitions
14.30.190 Allowable Discharges
14.30.200 Conditional Discharges
14.30.210 Best Management Practices
14.30.220 Liability
14.30.230 Enforcement Authority, Procedure, and Penalties
14.30.240 Injunctive Relief
14.30.250 Appeals
Section 4. TMC Section 14.30.010 is hereby reenacted to read as follows:
14.30.010 Authority
A. The Public Works Director shall administer and enforce the provisions of 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 Development Guidelines and
Infrastructure 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.
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B. The Public Works Director is authorized to develop and implement an inspection
program for the investigation of sites that have the potential to discharge pollutan is to the
stormwater drainage system, suspected illicitdischarges,and illicitconnectionsinthe City
of Tukwila.
C. The PublicWorks 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 critical area or buffer.
D. 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 withoutwritten 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 failu re to correct the violation.
3. Suspend or revoke any stormwater related 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 su rface 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
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Section 5. TMC Section 14.30.020 is hereby reenacted to read as follows:
14.30.020 Purpose and Intent
A. The purpose of TMC Chapter 14.30 is to provide for the health, safety, and
general welfare of the citizens of Tukwila, Washington, through the regulation of
developmentactivities that could affect stormwater and non -stormwater disch arges to the
stormwater drainage system to the maximum extent practicable as required by federal
and state law. This chapter also establishes methods for controlling the introduction of
pollutants into the stormwater drainage system in order to comply with the requirements
of the National Pollutant Discharge Elimination Systems ("NPDES") permit process. 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.
8. Preserve and enhance the suitability of water bodies for recreation and
wildlife habitat.
9. Regu late th e contribution of pollutants to the stormwater drainage system by
stormwater discharges by any person.
10. Prohibit illicit connections and illicit discharges to the stormwater drainage
system.
11. Establish legal authority to carry out all inspection, surveillance, and
monitoring procedures necessary to en sure compliance with this chapter.
B. The intent of this chapter is to place the obligation of complying with its
requirements upon the stormwater facility owner. Neither the City nor its officers, agents,
or employees shall incur liability or be held liable by reason of taking any action required
or permitted hereunder.
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C. The intent of this chapter is not to repeal, abrogate, or impair any existing
regulations, easements, covenants, or deed restrictions. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall prevail.
Section 6. TMC Section 14.30.030 is hereby reenacted to read as follows:
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 "Surface Water Design Manual" or "Stormwater Pollution
Prevention Manual," shall have the meaning given therein.
1. "AKART' means All Known, Available, and Reasonable methods of
prevention, control, and Treatment (see also the State Water Pollution Control Act, RCW
90.48.010 and RCW 90.48.520).
2. "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.
3. "Approval" means proposed work or completed work conforming to TMC
Chapter 14.30 as approved by the Director.
4. "Best Management Practice" or "BMP" means those practices, prohibitions
of practices, or schedules of activities, which provide the best available and reasonable
physical, structural, managerial, or behavioral activity to: (a) reduce or eliminate pollutant
loads and/or concentrations leaving a site; or (b) prevent or reduce the discharge of
pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance
systems. BMPs also include operating procedures and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
5. "City" means the City of Tukwila or the City Council of Tukwila.
6. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C.
§1251 et seq) and any subsequent amendments thereto.
7. "Comprehensive Surface Water Management Plan" means a plan adopted
by the City Council that provides direction for management of the City's surface and
stormwater system to benefit the community and meet the City's overriding goal of health
and sustainability.
8. "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, detention/retention facilities, dikes,
levees and revetments.
9. "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.
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10. "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.
11. "Director" means the Director of Public Works or designee.
12. "Drainage review" means an evaluation by the City to determine compliance
with the City's standards and adopted Surface Water Management Manual.
13. "Erosion" means detachment and transport of soil or rock fragments by
water, wind, ice, etc.
14. "Groundwater" means water in a saturated zone or stratum beneath the
surface of the land or below a surface water body.
15. "Hazardous materials" means any material, including any substance, waste
or combination th ereof,which because of its quantity, concentration orphysical, chemical,
or infectious characteristics may cause, or sign ificantly contribute to, a su bstantial present
or potential hazard to human health, safety, property or the environmentwhen improperly
treated, stored, transported, disposed of, or otherwise managed.
16. "Hyperchlorinated" means water that contains more than 10 mg/liter chlorine.
17. "Illicit connection" means any man-made conveyance that is connected to a
stormwater drainage system withouta 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.
18. "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, but are
not limited to, sanitary sewer connections, industrial process water, interior floor drain
connections, waste dumping, car washing and grey water systems.
19. "Imminent hazard" means the existence of a condition that presents a
substantial endangerment to health, property or the environment.
20. "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.
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21. "National Pollutant Discharge Elimination System Stormwater Discharge
Permit" means a permit issued by the Washington Department of Ecology under the
authoritydelegated pursuantto 33 U.S.C. §1342(b) (Clean Water Act) that authorizesth e
discharge of pollutants to waters of the United States, whether the permit is applicable on
an individual, group, or general areawide basis.
22. "Non-stormwater discharge" means any discharge to the stormwater
drainage system that is not composed entirely of stormwater.
23. "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.
24. "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.
25. "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.
26. "Pollution" mean s contamin ation orother 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 to: 1) public health, safety or welfare, or
2) domestic, commercial, industrial ,agricultural, recreational or other legitimate beneficial
uses, or 3) livestock, wild animals, birds, fish or other aquaticlife. Contamination includes
discharge of any liquid, gas or solid radioactive or other substance. Alteration includes
temperature, taste, color, turbidity or odor.
27. "Premises" means any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
28. "Project" means activity encompassing all phases of the work to be
performed and is synonymous to the term "improvement" or "work."
29. "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.
30. "Sediment" means fragmented material originating from weathering and
erosion of rocks or unconsolidated deposits, which is transported by, suspended in or
deposited by water.
31. "Sedimentation" means the deposition or formation of sediment
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32. "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.
33. "Source Control Best Management Practice" or "Source Control BMP"
means a structure or operation that is intended to prevent pollutants from coming into
contact with stormwater through physical separation of areas or careful management of
activities that are sources of pollutants. Structural Source Control BMPs are physical,
structural, or mechanical devices, or facilities that are intended to prevent pollutants from
entering stormwater. Operational BMPs are non-structural practices that prevent or
reduce pollutants from entering stormwater.
34. "Stormwater" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, butflows via overland flow, interflow, channels or
pipes into a defined surface water channel or a constructed infiltration facility.
35. "Stormwater drainage system" means a constructed -conveyance system
and natural features that function together as a system to collect, convey, channel, hold,
inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater.
36. "Stormwater related permit" means a Public Works permit or a surface water
concurrency test.
37. "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.
38."Su rface flow" means flow that travels overland in a dispersed man ner(sheet
flow) or in natural channels or streams or constructed conveyance system.
39. "Surface Water" means that portion of precipitation that does not naturally
percolate into the ground or evaporate, butflows via overland flow, interflow channels, or
pipes into a natural drainage system, a surface water conveyance system, or into a
constructed surface water facility.
40. "Surface water plan" means a set of drawings and documents submitted as
prerequ isite to obtaining a development permit.
41. "TMC" means the Tukwila Municipal Code.
42. "Typical" means the guidelines that shall be followed unless the Director
approves an exception.
43. "Water body" means a creek, stream, pond, wetland, lake, or river.
44. "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 Area (WRIAs) as defined in the Washington
Administrative Code.
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Section 7. TMC Section 14.30.040 is hereby reenacted to read as follows:
14.30.040 Applicability
TMC Chapter 14.30 applies to:
1. All development activities occurring within the City limits that could affect
surface water; and
2. Any materials and dischargesotherthan stormwaterenteringthe stormwater
drainage system generated on any developed and undeveloped lands lying within the
City of Tukwila.
Section 8. TMC Section 14.30.050 is hereby reenacted to read as follows:
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 environment,
the requirements of TMC Chapter 14.30 shall prevail.
B. Approvals and permits granted under TMC Chapter14.30 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 in TMC
Chapter 14.30 and related regulations, standards, and manuals adopted by the City does
not necessarily mitigate all impacts to human health and theenvironment. 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.
Section 9. TMC Section 14.30.060 is hereby reenacted to read as follows:
14.30.060 Standards
A. Unless the Director requires more stringent standards to mitigate a project's
impact to the public and environmental health and safety, development activities within
the City shall be undertaken in accordance with the following minimum standards, which
may be amended from time to time by the Director:
1. The City's National Pollutant Discharge Elimination System (NPDES)
permit.
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2. The 2021 King County Surface Water Design Manual, attached hereto as
"ExhibitA," 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.
3. The Department of Ecology 2019 Stormwater Management Manual for
Western Washington ("DOE SWDM"), may be used for project design for multi -
jurisdictional development projects wherein a substantial and material portion of the
developmentproject 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 thatapplication 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 Tess restrictive than the SWDM or otherwise
inconsistent with the purpose of this chapter.
4. The 2021 King County Stormwater Pollution Prevention Manual, attached
hereto as "Exhibit B", 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."
5. The Public Works Surface Water Regulations and Procedures.
6. Any applicable standards, codes, or recommendations in specific reports
such as the geotechnical report and the Technical Information Report.
7. The City's Development Guidelines and Infrastructure Design and
Construction Standards.
8. The Comprehensive Surface Water Management Plan or Drainage Basin
Plans.
B. Unlessthe context indicates otherwise, the following terms and phrases, as used
in the SWDM or the SPPM, shall have the meaning or reference given:
1. See Figure 14-4 relating to Tukwila Terminology Equivalentsto King County
Terminology.
2. All references to King County codes or any section thereof in the SWDM or
the SPPM shall be replaced by reference as indicated in Figure 14-5 to the applicable
code and comparable section thereof.
3. All references to maps in the SWDM and SPPM shall be replaced by
reference as indicated in Figure 14-6.
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Section 10. TMC Section 14.30.070 is hereby reenacted to read as follows:
14.30.070 Permits
A. Activities that trigger drainage review pursuant to the "Surface Water Design
Manual" require a permit to be issued by the City. Such permits shall be non -transferable
withoutapproval of the Director and shall be limited to the specific activities for which they
are granted.
B. 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 critical area and does not trigger drainage review
may be exempt from this requirement.
C. The submittals for the permit must meet or exceed the minimum criteria as
required in the standards adopted in this chapter. The Director may require additional
submittals to those described therein.
D. 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.
Section 11. TMC Section 14.30.080 is hereby established to read as follows:
14.30.080 Compliance Required
Property owners are responsible for the maintenance, operation and repair of
stormwater drainage systems within their property. Property owners shall maintain,
operate and repair stormwater drainage systems in compliance with the requirements of
this chapter and the "Surface Water Design Manual."
Section 12. TMC Section 14.30.085 is hereby established to read as follows:
14.30.085 Maintenance Required.
A. All stormwater drainage systems in the City shall be maintained according to
this chapter and the minimum maintenance standards detailed in the "Surface Water
Design Manual."
B. All stormwater drainage systems shall be inspected on a periodic basis, as
described in the "Surface Water Design Manual." If, during an inspection, a stormwater
drainage system is found not to be in compliance with the minimum required standards,
the owner or operator of the stormwater drainage system shall immediately repair the
system and return it to proper operating condition in compliance with this chapter and any
applicable covenant. Inspections may be scheduled more frequently to ensure the
stormwater drainage system continually functions as designed.
C. Where abatement is found necessary to correct health or safety problems, to
control pollutants from entering the stormwater drainage system, to prevent su rface water
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or ground water quality degradation, or to remove pollutants that have entered the
stormwater drainage system, such work shall be completed immediately by the owner or
operator of the stormwater drainage system. If the owner does not complete the work,
the City is authorized to enter the property and abate the problem in accordance with
TMC Section 14.30.090.
D. Where regular maintenance and/or repair is found necessary during inspection,
maintenance shall be performed in accordance with the maintenance schedule
established by the stormwater manual.
Section 13. TMC Section 14.30.090 is hereby established to read as follows:
14.30.090 Inspection Authority and Procedure
A. Inspection authority. Whenever implementing the provisions of this chapter or
whenever there is cause to believe that a violation of this chapter has been or is being
committed, the Director is authorized to inspect during regularworking hoursand at other
reasonable times all stormwater drainage systems within the City to determine
compliance with the provisions of this chapter.
B. Inspection procedure. The procedure outlined below shall be followed when
inspections occur:
1. Prior to making any inspections on private property, the Director shall
present identification credentials, state the reason for the inspection and request entry.
2. If the property or any building or structure on the property is unoccupied or
inaccessible, the Director shall first make a reasonable effort to locate the owner or other
person(s) having charge or control of the property or portions of the property and request
entry.
3. If, after reasonable effort, the Director is unable to locate the owner or other
person(s) having charge or control of the property, and has reason to believe the condition
of the stormwater drainage system creates an imminent hazard to persons or property,
the Director may enter.
4. Unless entry is consented to by the owner or person(s) in control of the
property or portion of the property or unless conditions are reasonably believed to exist
that create an imminent hazard, the Director shall obtain a search warrant, prior to entry,
as authorized by the laws of the State of Washington.
5. The Director may inspectthe stormwater drainage system without obtaining
a search warrant as provided for in TMC Section 14.30.090.6.4, provided the inspection
can be conducted while remaining on public property or other property on which
permission to enter is obtained.
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6. The Director shall investigate illicit discharges in an effort to identify the
source. If such discharges are tracked to a specific connection to the public stormwater
drainage system, or directly to surface water or ground water, inspection and investigation
of that site will be initiated in compliance with the inspection procedures defined in this
section. If the discharge is an imminent threat to public safety or the environment,
emergency action shall be taken in accordance with this TMC Section 14.30.090.
Section 14. TMC Section 14.30.100 is hereby established to read as follows:
14.30.100 Inspection and Maintenance Schedule for Stormwater Flow Control and
Water Quality Treatment Facilities.
A. The Director shall establish inspection and maintenance scheduling and
standards for all publicly and privately owned stormwater flow control and water quality
treatment facilities. The maintenance of the stormwater flow control and water quality
facilities shall be guided by the "Surface Water Design Manual." The base frequency for
inspection and maintenance shall be in accordance with the NPDES permit currently in
effect.
B. The City requires all inspections to be paid for by the property owner and
conducted by a City -approved third -party inspector unless approved otherwise by the
Director.
C. Adjustment to a less than annual inspection frequency may be revised as
approved by the Director based upon maintenance records of double the length of time
of the proposed inspection frequency.
Section 15. TMC Section 14.30.110 is hereby established to read as follows:
14.30.110 Maintenance Covenant Required for Stormwater Flow Control and Water
Quality Treatment Facilities
A. Prior to the issuance of any permitfor which a construction Stormwater Pollution
Prevention Plan is required, the City shall require the applicant or property owner to
complete and submit a Declaration of Covenant for Inspection and Maintenance of
Stormwater Facilities and BMPs ("covenant") for the City's review and approval,
warranting that the property owner will manage, inspect, and maintain the stormwater
flow control and water quality treatment facilities per the conditions required by TMC
Chapter 14.30 and the covenant.
1. At a minimum, the covenant shall describe the maintenance activities, spell
out the frequencyfor each activity and state who performs and who pays for each activity.
2. The covenant shall provide unlimited access, at all reasonable times, to the
stormwater drainage systems for inspection by the Pu blic Works Department.
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B. Once approved by the City, the covenant shall be signed by the applicant or
property owner and promptly recorded on title with the King County Department of
Records and Elections. A copy of the recorded covenantshall be provided to the Director
prior to the final inspection.
C. The covenant shall be included in any instrument of conveyance of the subject
property, shall run with the land, and shall be binding upon such owner's heirs,
successors, and assigns.
Section 16. TMC Section 14.30.120 is hereby reenacted to read as follows:
14.30.120 Inspection and Maintenance Records
A. 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.
B. 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.
C. The Director shall review and approve the monitoring and maintenance
schedule before the applicant records the schedule with King County Records.
D. 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.
E. 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.
Section 17. TMC Section 14.30.130 is hereby reenacted to read as follows:
14.30.130 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.
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Section 18. TMC Section 14.30.140 is hereby reenacted to read as follows:
14.30.140 Inlet Marking
A. AM new inlets and catch basin grates, public or private, shall be marked "No
Du mping! Drainsto Stream." In addition, a fou r -inch raised pavement markin g that states
"No Dumping—Drains to Streams" or equivalent as approved by the Director shall be
installed.
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 Director shall be installed.
C. Markings required by this section shall meet the standard in the Development
Guidelines and Infrastructure Design and Construction Standards.
Section 19. TMC Section 14.30.150 is hereby reenacted to read as follows:
14.30.150 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 havea dedicated, roof -covered trash enclosurethatdrainsto 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 Teak -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 20. TMC Section 14.30.160 is hereby reenacted to read as follows:
14.30.160 Financial Guarantees
A. The 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 a permit issued under TMC Chapter 14.30.
B. The amount of the financial guarantee shall not be less than the total estimated
construction cost of all interim and permanentstormwater control facilities and shall not
be fully released withoutfinal 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 guarantcc
(bond, note, letter of credit, etc.) with the City to mitigate damages should theyoccur. 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 notserve 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 may redeem financial guarantees provided in accordance with this
provision in whole or in part upon determination by the 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 publicor private property arising from the activities for which the
financial guarantee was required.
Section 21. TMC Section 14.30.170 is hereby reenacted to read as follows:
14.30.170 Insurance
A. If, in the opinion of the Director, the risks to property or life and safety associated
with a proposed development activity are substantial, the Director may require the owner
of the storm drainage system to purchase liability insurance coverage in the following
minimum amounts:
1. Bodily injury liability - $3 million per occurrence.
2. Property damage liability- $3 million per occurrence
B. The Director may require higher policy limits than set forth in TMC Section
14.30.170.A in those cases wherethe minimumamountsare deemed insufficientto cover
possible risks.
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C. All insurance policies obtained in accordance with TMC Section 14.30.170 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 amountgreaterthan 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.
Section 22. TMC Section 14.30.180 is hereby established to read as follows:
14.30.180 Discharge Prohibitions
A. Prohibition of Illicit Discharges.
1. No person shall throw, drain or otherwise discharge or cau se 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 limited 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.
i. Acids, alkalis or bases.
j. Paints, stains, resins, lacquers or varnishes.
k. Degreasers, 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.
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r. Domestic animal waste.
s. Sewage.
t. Recreational vehicle waste.
u. Animal carcasses.
v. Food waste.
w. Bark and otherfibrous 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 TMC Section 14.30.190 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.
Section 23. TMC Section 14.30.190 is hereby established to read as follows:
14.30.190 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
su rface 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.
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9. Water from crawl space pumps.
10. Footing drains.
11. Flows from riparian habitats and wetlands.
12. Discharges from emergency fire fighting activities
Section 24. TMC Section 14.30.200 is hereby established to read as follows:
14.30.200 Conditional Discharges
The following types of discharges shall not be considered illicit discharges for the
purposes of this chapter if they meet the stated conditions or unless the Director
determines that the type of discharge, whether singly or in combination with others, is
causing oris 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 ppm or Tess, 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 level within the
range of 6.5 and 8.5, if necessary, and in volumes and velocities controlled to prevent
resuspension 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 that 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.
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Section 25. TMC Section 14.30.210 is hereby established to read as follows:
14.30.210 Best Management Practices
A. Operational Source Control BMPs. All activities with the potential to release
pollutants directly or in directly to the City's stormwater drainage system must be mitigated
by Source Control BMPs to prevent or reduce pollutants in runoff. For all discharges,
property owners or persons in control shall implement operational Source Control BMPs
to prevent or minimize pollutants from leaving a site or property and to prevent
contaminants from coming in contact with stormwater.
B. Additional BMPs. Property owners or persons in control of sites with pollutant
generating activities shall implement Source Control BMPs to the extent necessary to
prevent prohibited discharges. If Operational Source Control BMPs are insufficient to
prevent prohibited discharges, the Director may require the implementation of structural
Source Control BMPs or treatment BMPs in accordance with the SPPM or SWDM.
Section 26. TMC Section 14.30.220 is hereby reenacted to read as follows:
14.30.220 Liability
Liability for any adverse impacts or damages resulting from work performed in
accordance with any permit issued on behalf of the City for the development of any site
within the City limits shall be the sole responsibility of the applicant.
Section 27. TMC Section 14.30.230 is hereby established to read as follows:
14.30.230 Enforcement Authority, Procedure, and Penalties.
A. The Director shall have the authority to issue an enforcement order to an owner
or responsible party to abate an illicit discharge, and/or maintain or repair a component
of a stormwater drainage system in accordance with the provisions of this chapter. Th e
order shall include:
1 A description of the specific nature, extent, date, and time of the violation
and the damage or potential damage that reasonably might occur;
2. A notice to cease and desist the violation or the potential violation and, in
appropriate cases, the specific corrective actions to be taken; and
3. A reasonable time to comply, depending on the circumstances.
B. The Director may impose an inspection fee for any stormwater drainage system
found notto be in compliance with this chapter. This inspection fee shall be independent
of any current or future penalties that may be incurred by the property owner for
noncompliance with this chapter. Inspection fees shall also be applied if the City is
required to inspect a stormwater drainage system because the property owner failed to
complete the required annual inspection. Inspection fees shall be in accordance with the
fee schedule adopted by resolution of the City Council.
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C. If the enforcement order is not adhered to, the City may provide such actions as
needed to repair, restore or maintain the stormwater drainage system. If at anytime the
City determines that the existing system creates any imminent threat to public health or
welfare, the City may take immediate measures to remedy said threat. Under such
circumstances no notice to the owner of the system shall be required.
D. The owner of the stormwater drainage system shall assume all responsibility for
the cost of any maintenance and for repairs to the system. Such responsibility shall
include reimbursement to the City within 30 days of the receipt of the invoice for any work
the City performs pursuantto TMC Section 14.30.230.D. Overdue payments will require
payment of interest at the current legal rate for liquidated judgments. If legal action
ensues, any costs or fees incurred by the City will be borne by the parties responsible for
said reimbursements.
E. In the event the property owner fails to pay the City within 30 days from the date
the costs were incurred, the City shall have the right to file a lien against the real property
for all charges and expenses incurred. Such lien shall specify the expenses incurred,
provide a legal description of the premises and will be filed with the County Auditor within
90 days from the date of the completion of the work. Payment may at anytime thereafter
be sought by foreclosure procedures of liens under the laws of the State of Washington.
F. Any person who violates or fails to comply with the requirements of this chapter
or who fails to conform with the terms of an order issued by the Director shall be subject
to a civil penalty as provided in TMC Chapter8.45. Each day of continued violation shall
constitute a separate violation for purposes of this penalty.
Section 28. TMC Section 14.30.240 is hereby reenacted to read as follows:
14.30.240 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 pursuantto 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 underTMC Chapter 14.30 shall
not relieve any party to such proceedings from any penalty prescribed for violations of
TMC Chapter 14.30.
Section 29. TMC Section 14.30.250 is hereby reenacted to read as follows:
14.30.250 Appeals
The appeals process for/by any person aggrieved by the action of the City is provided
underTMC Chapter8.45, "Enforcement."
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Section 30. Figures 14-4, 14-5 and 14-6 Amended. The following figures, as
codified in TMC Chapter 14.30, "Surface Water Management," are hereby reenacted to
read as shown on the figures attached herein.
Figure 14-4, Tukwila Terminology Equivalents to King County Terminology
Figure 14-5, Tukwila Municipal Code Equivalent to King County Code
Figure 14-6, Tukwila Maps Equivalent to King County Maps or Designation
Section 31. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affirmed.
Section 32. Corrections by City Clerk or Code Reviser Authorized. 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.
Section 33. 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 34. Effective Date. This ordinance ora 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 Special Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Exhibit - The 2021 King County Surface Water Design Manual
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ExhibitB - The 2021 King CountlrStormwater Pollution Prevention
Manual
Figure 14-4, Tukwila Terminology Equivalents to King County
Terminology
Figure 14-5, Tukwila Municipal Code Equivalentto King County Code
Figure 14-6, Tukwila Maps Equivalent to King County Maps or
Designation
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Table 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 (beyond those in the
SWDM) 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 / DPER
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
Design and
Construction
Standards
(KCRDCS)
City of Tukwila Infrastructure Design and Construction
Standards.
Water and Land
Resource Division
City of Tukwila Public Works.
Zoning
Classifications:
Agriculture (A);
Forest (F);
Rural Area (RA)
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.
'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.
308
Table 14.5 Tukwila Municipal Code Equivalent to King County Code'
King
County
Code
(KCC)
Description
Tukwila
Municipal
Code
(TMC)
Description
KCC 2.98
9.04.060
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
21A.25
Shorelines
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,
Stormwater and
Groundwater
Management
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
'This 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.
309
Table 14.6 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
Coal Mine Hazards
Maps delineating landslide areas, steep slopes
and coal mine hazard areas within Tukwila are
available at the Department of Community
Development service desk.
Landslide Hazards
Landslide Hazards along
King County river corridors
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
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.
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 Section 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.
310
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 18 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
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.
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