Loading...
HomeMy WebLinkAboutTukwila Municipal Code - Title 14 - Water and Sewers TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–1 TITLE 14 WATER AND SEWERS Chapters: 14.04 Water Rates and Regulations 14.06 Backflow Prevention Assemblies 14.08 Sewage Waste Disposal Systems 14.12 Sewer Regulations 14.16 Sewer Charges 14.17 Allentown Sewer and Water Connections 14.18 Duwamish Sewer and Water Connections 14.19 Sewer Connections – Preliminary Plat of Tukwila South 14.20 Comprehensive Sewer Plan 14.24 Fire Hydrants 14.28 Storm and Surface Water Utility 14.30 Surface Water Management 14.31 Illicit Discharge Detection and Elimination Repealed by Ordinance No. 2675, June 2022 14.32 Storm and Surface Water Rates and Charges 14.36 Utility Concurrency Standards Figures (located at back of this section) Figure 1 Ryan Way Sewer Boundaries Map Figure 2 Ryan Hill Sewer Boundaries Figure 3 Allentown Sewer Service Area Boundaries Map Figure 4 Tukwila Terminology Equivalents to King County Terminology Figure 5 Tukwila Municipal Code Equivalent to King County Code Figure 6 Tukwila Maps Equivalent to King County Maps or Designation Figure 7 Preliminary Plat for Tukwila South Figure 8 Tukwila South Sewer Connection Fees TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–2 CHAPTER 14.04 WATER RATES AND REGULATIONS Sections: 14.04.010 Definitions 14.04.020 Application to Connect Required 14.04.030 Contents of Application 14.04.040 Effective Date of Contracts 14.04.050 Connection Procedure 14.04.060 Installation and Apparatus Standards and Specifications 14.04.070 Connection Installation Fees 14.04.071 Regular Connection Charge 14.04.072 Special Connection Charge 14.04.074 Computation of Special Connection Charge 14.04.076 Regional Capital Facilities Charge 14.04.080 Connection Notification 14.04.090 Connection to Water Main 14.04.110 Change in Size or Location of Connection 14.04.120 Application to Discontinue Water – Fee to Turn Water Meter On 14.04.122 Special Meter Read 14.04.125 Charge for Shut-Off Notices for Delinquent Water Service Billings 14.04.130 Cost of Shutoff and Turn On by City 14.04.150 Water Utility Billing 14.04.160 Chapter Compliance Required 14.04.165 Water Shortage Response Plan 14.04.170 Emergency Change in Water Use 14.04.175 Violations 14.04.180 Water Falling on Street or Sidewalk 14.04.190 Violation of TMC Section 14.04.180 14.04.200 City Control of Water Use 14.04.210 Use of Water Restricted During Fire 14.04.220 Right of City to Shut Off Supply 14.04.230 Meter Ownership and Maintenance 14.04.240 Rates for Metered Water 14.04.250 Fire Protection 14.04.260 Rates Outside City Limits 14.04.270 Payment of Charges – Delinquency 14.04.280 Failure to Receive Bill 14.04.290 Bathing or Discarding Substance in City Water System 14.04.300 Connection Without Permission 14.04.310 Supervisor Authority – Appeal to Council 14.04.330 Temporary Water Meters 14.04.010 Definitions A. “Director,” wherever used in TMC Title 14, means the Director of Public Works or his or her designee. B. “Department,” wherever used in TMC Title 14, means the Department of Public Works. C. “Person,” wherever used in TMC Title 14, means and includes natural persons of either sex, associations, partnerships, or corporations, whether acting by themselves or by a servant, agent or employee; the singular number includes the plural and the masculine pronoun includes the feminine. (Ord. 2313 §1 (part), 2010) 14.04.020 Application to Connect Required Any person desiring to be connected with the City water supply system shall make application therefor to the Department. Applications shall be made upon a printed form furnished for that purpose, which application shall contain a description of the property where such water supply is desired, the size of the service pipe, and shall be signed by the owner of the property to be served or his duly authorized agent. (Ord. 2313 §1 (part), 2010) 14.04.030 Contents of Application The application provided for in Section 14.04.020 shall contain a contract on the part of the person making the same to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and to collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided; to change the rates at any time by ordinance; to temporarily discontinue the service at any time without notice to the consumer; and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the City relating to the subject hereafter passed; and shall provide that the City shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances in the property supplied with water, installed by the owner or occupant of said property; and shall provide that in case the supply of water shall be interrupted or fail by any reason, the City shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the City or in any way relieve the consumer from performing the obligations of his contract. (Ord. 2313 §1 (part), 2010) 14.04.040 Effective Date of Contracts All contracts shall take effect from the day they are signed and rates shall be charged from the day the property is connected with the City water supply. (Ord. 2313 §1 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–3 14.04.050 Connection Procedure Upon the presentation to the Director of the receipt for the installation fees, the Director shall cause the property described in the application to be connected with the City’s water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained and kept within the exclusive control of the City. (Ord. 2313 §1 (part), 2010) 14.04.060 Installation and Apparatus Standards and Specifications The current requirements of the Tukwila Municipal Code, the Tukwila Public Works Department, the Tukwila Fire Department, the Rules and Regulations of the Washington State Department of Health, the Uniform Plumbing Code, American Water Works Association Standards, and the American Public Works Association Standards shall be met and apply to any and all water main installations, extensions, service connection, irrigation sprinkler connections, hydrant connection, fire sprinkler and fire main connections, and branches hereinafter installed in the City. Detailed criteria and permit requirements are available through the City of Tukwila Infrastructure and Development Standards. (Ord. 2313 §1 (part), 2010) 14.04.070 Connection Installation Fees The water meter shall be installed by the City water utility. The water meter installation fee shall be payable at the time of application for connection. Whenever the fee is not sufficient to cover the total expense for labor, materials, and overhead, the deficit shall be charged to the property for which installation was made and to the owner thereof. Any excess payment shall be returned to the person applying for the installation. (Ord. 2313 §1 (part), 2010) 14.04.071 Regular Connection Charge In order that property owners shall bear their equitable share of the cost of the City’s entire water system, the property owner seeking connection to the water system of the City shall pay, prior to connection to a City water system, a regular water meter installation charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.072 Special Connection Charge In addition to the regular connection charge imposed under TMC Section 14.04.071, a special connection charge shall be paid by the owners of properties that have not been assessed or charged or borne the cost of private development of mains or laterals or borne an equitable share of the cost of the City water system. The special connection charge shall be computed as provided in TMC Section 14.04.074 in the absence of latecomers’ agreements, Local Improvement Districts, or special assessment ordinances. (Ord. 2313 §1 (part), 2010) 14.04.074 Computation of Special Connection Charge A. The special connection charge imposed by TMC Section 14.04.072 shall be paid to the water fund and shall be computed in accordance with RCW 35.44.030 and 35.44.040. B. If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of water mains or lateral lines of a similar nature, the amount so paid shall be credited to the assessment against such property and such amount shall be paid from the water fund to such Local Improvement District fund. (Ord. 2313 §1 (part), 2010) 14.04.076 Regional Capital Facilities Charge In addition to the regular connection charge imposed under TMC Section 14.04.071 and any special connection charges under TMC Section 14.04.072, a regional system growth fee known as the Regional Capital Facilities Charge (RCFC) shall be paid for all new residential, multi-family housing, or commercial service connections on or after January 1, 2003, for regional capital costs associated with new supply and transmission of water. Property owners shall pay the RCFC prior to permit issuance for connection to a City water system. The fee for this expense shall be established by the Cascade Water Alliance and passed through without additional markup. (Ord. 2313 §1 (part), 2010) 14.04.080 Connection Notification Whenever the owner or occupant of any property connected with the City water supply system desires to use the water, he shall notify the Director and request that the water be turned on to the property. The owner shall leave his portion of the service exposed in the trench until it has been inspected and the water turned on, when he shall immediately cover the pipe. (Ord. 2313 §1 (part), 2010) 14.04.090 Connection to Water Main All water used for any purpose other than fire protection service shall be supplied through a meter. Every house or building supplied by City water must install its own separate service connection with the City main, and the house or building so supplied will not be allowed to supply water to others, except temporarily where there are no mains in the street. When a new main is laid in any street, owners of property on the street who are being supplied with City water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the property. (Ord. 2313 §1 (part), 2010) 14.04.110 Change in Size or Location of Connection A change in the size or location of a service connection shall be paid for by the owner on the basis of the cost of materials and labor involved in making said change, plus administrative overhead. (Ord. 2313 §1 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–4 14.04.120 Application to Discontinue Water – Fee to Turn Water Meter On Whenever any water customer desires to discontinue the use of water for a period of not less than one month, he shall make written application to have the water turned off and pay all arrears in full. A charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council will be assessed to turn water on. No reduction of rates will be made for less than one month, or without the application prescribed in this section. Work performed outside of normal working hours, due to customer request, will receive an additional charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.122 Special Meter Read Whenever a water customer desires to have the water meter read outside the water department’s normal meter reading schedule, a written application shall be submitted specifying the requested read date. A fee will be charged for this meter reading service in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.125 Charge for Shut-off Notices for Delinquent Water Service Billings A. When water service customers are 60 days in arrears, a shut-off notice shall be mailed or posted. There shall be a service charge on water accounts for all shut-off notices in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. This fee will be applied first before regular service charges are credited. B. All monies in arrears, which is defined as the amount owing eleven days after the billing date, are due upon receipt of a shut-off notice. To avoid water shut-off, arrangements for payment may be made with the Finance Director. C. When water is used after the meter has been turned off and locked for non-payment, an unauthorized water turn-on fee will be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.130 Cost of Shutoff and Turn-on by City When water has been shut off by the City for any cause and is turned on again or allowed or caused to be turned on by the owner without written application, no remission of rates will be made on account of its having been shut off, and the Director may then shut off the water at the main or remove a portion of the service connection in the street, and shall charge the actual cost of cutting out and reinstating the water supply to the owner of the property. (Ord. 2313 §1 (part), 2010) 14.04.150 Water Utility Billing All accounts for water shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant and/or third-party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.160 Chapter Compliance Required It is unlawful for any person to make any connection with any service or branch pipe thereof, or to make any repairs, additions, or alterations of any pipe, stop, or waste, or any fixtures connected or designed to be connected with the City water system, except in compliance with this chapter. (Ord. 2313 §1, 2010) 14.04.165 Water Shortage Response Plan A water shortage response plan is required by the wholesale water supplier, the Cascade Water Alliance, and by the public welfare to effect conservation of water during water emergencies. A water shortage response plan for the Tukwila water system, as required by WAC 246-290-42, shall be updated by the Council as required. (Ord. 2313 §1 (part), 2010) 14.04.170 Emergency Change in Water Use A. Upon finding that an emergency situation exists, the Director shall: 1. Immediately seek to communicate with the Mayor and Council through the fastest means feasible to advise them of this emergency situation and the reason for such restrictions. 2. Immediately take steps to notify the public within the service area affected through the media and other means to advise said water users of such emergency water conservation measures and the necessity thereof. 3. Implement such measures and regulations as may be necessary to implement water use restrictions under this ordinance and the plan adopted in TMC Section 14.04.165. B. The Mayor, upon finding that an emergency situation exists which threatens to seriously disrupt or diminish the municipal water supply, may order restrictions on water use so as to distribute the available supply on a just and equitable basis to all customers, including residential, industrial and commercial users who purchase water. C. Upon declaration of a water supply emergency by the Mayor, no water shall be used for nonessential outdoor uses including, but not limited to, irrigation of lawns, the washing of cars, driveways or other outdoor surfaces by any customer at any residence, apartment building, commercial building, or property or structure except at such times and under those conditions as specified by the Director. These restrictions are to be implemented even though more restrictive than the plan provisions and shall in no way limit indoor rationing provisions of the plan. (Ord. 2313 §1 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–5 14.04.175 Violations A. The Director shall be authorized to impose sanctions and/or surcharges upon those customers within the affected area who refuse or otherwise fail to comply with the emergency conservation measures directed by levying a surcharge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council and/or disconnecting water service to said customers. B. The restrictions and surcharge shall not compromise the health, safety or welfare of the public. Exemption from the imposition of a surcharge may be granted by the Mayor or Director in the Mayor’s absence, upon written request, if it is found that a surcharge will constitute an undue burden on the customer. (Ord. 2313 §1 (part), 2010) 14.04.180 Water Falling on Street or Sidewalk It is unlawful for any person willfully to place any automatic sprinkling device in a wasteful manner or willfully to place or to hold any hose in such position or manner that water falls on any person while on any public street or sidewalk. (Ord. 2313 §1 (part), 2010) 14.04.190 Violation of Section 14.04.180 If any person violates any provision of TMC Section 14.04.180, the City shall shut off the water furnished to the property upon which such violation is made, and shall charge a fee for turning on the water in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.200 City Control of Water Use The City reserves the right in case of a shortage of water from any cause to make an order forbidding or suspending the use of water for sprinkler or irrigation, or to fix the hours during which the same may be done, by proper notice. Any person violating such order shall have his water shut off by the City and shall pay a fee for having the water turned on again as in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.210 Use of Water Restricted During Fire It is unlawful for any person to use water for irrigation or sprinkling during the progress of any fire in the City, unless for the protection of property; and all irrigation and sprinkling shall stop when an alarm of fire is sounded, and shall not begin again until the fire is extinguished. (Ord. 2313 §1 (part), 2010) 14.04.220 Right of City to Shut Off Supply The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the City shall not be responsible for any damage such as bursting of boilers supplied by direct pressure, the breaking of any pipe or fixtures, stoppages or interruptions of water supply, or any other damage resulting from the shutting off of water. (Ord. 2313 §1 (part), 2010) 14.04.230 Meter Ownership and Maintenance All meters on services of consumers shall be and remain the property of the City. In all cases where meters are lost, injured or broken by carelessness or negligence of owners or occupants, and in the case of nonpayment, the water shall be shut off and will not be turned on until such fee and the charge for turning on the water are paid. In event of the meter getting out of order or failing to register properly, the consumer shall be charged on an estimate made by the Director on the average monthly consumption during the last three months that the same was in good order or from what he may consider the most reliable data at his command. (Ord. 2313 §1 (part), 2010) 14.04.240 Rates for Metered Water A. The rates for metered water supplied within the City for commercial/ industrial customers, in one-month increments or any fractional part thereof, shall be in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Single-family customers (one dwelling unit): Each single- family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. C. Multi-family customers (more than one dwelling unit): Each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of all water service charges. Every such person shall file with the Finance Department their affidavit that he or she is qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for the special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. E. Tukwila’s current fee schedule will be reviewed annually and at such time the City may amend the water rates to reflect the City’s increased costs. (Ord. 2313 §1 (part), 2010) 14.04.250 Fire Protection A. Any service connection to the main for a fire sprinkler system shall be approved in advance by the City, and shall be installed at the expense of the owner, and fitted only with such fixtures as are needed for fire protection and must be entirely disconnected from those used for other purposes. B. Any service connection other than fire sprinkler installed on private property for fire protection, and fitted with fire hydrants, TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–6 stand pipes or other outlets for fire protection, shall be approved in advance by the City. C. It is unlawful for any person to fail, neglect or refuse to give the Director or his duly authorized representative free access at all reasonable hours to all parts of premises supplied with water from the City mains for the purpose of inspecting the condition of pipes and fixtures and noting the amount of water being used and the manner in which it is used. D. The rates for water supplied for fire protection purposes exclusively shall be deemed service charges and shall be, for any one month or fractional part thereof, charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. E. Water used for any other purpose than for fire protection service shall be deemed as theft and the owner will be made liable for the cost of water used and a meter shall be required on any fire protection service connection. (Ord. 2313 §1 (part), 2010) 14.04.260 Rates Outside City Limits The rates for water supplied to consumers not within the City limits shall be as follows: The same rate schedule as provided in TMC Sections 14.04.240 and 14.04.250 shall apply. The above rates to consumers outside the City limits are subject to the same rates to consumers inside the City limits, provided that nothing in this section shall prevent the City Council from fixing other and different rates for the sale of water to water districts, provided that all meters for measuring water to outside consumers are installed within the City limits or within the limits of easements, franchises, or rights-of-way belonging to the City. (Ord. 2313 §1 (part), 2010) 14.04.270 Payment of Charges – Delinquency All water charges and related fees shall be due and payable on the first day of each and every month for the water consumed and the services provided during the previous month and shall be paid to the Finance Department. In all cases when the water bill becomes delinquent, the Director may shut off the water and shall not turn it on again until all arrearages have been paid. All bills will become delinquent on the eleventh day of the month following the month that the water was consumed. Interest will be charged on delinquent balances 30 days in arrears in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) 14.04.280 Failure to Receive Bill Failure to receive a bill will not be recognized as a valid excuse for failure to pay fees when due. Change of ownership of property and change in mailing address must be filed in writing with the Finance Director. (Ord. 2313 §1 (part), 2010) 14.04.290 Bathing or Discarding Substance in City Water System It is unlawful for any person to bathe in or to throw any substance into any reservoir, water tank, or impounding dams of the City water system. (Ord. 2313 §1 (part), 2010) 14.04.300 Connection Without Permission It is unlawful for any person to make connections with any fixtures or to connect any pipe with any water main or water pipe belonging to the water system or to open or to close any valves in the system without first obtaining permission from the Director. (Ord. 2313 §1 (part), 2010) 14.04.310 Supervisor Authority – Appeal to Council The Director shall have authority to decide any question that may arise and that is not fully covered in this chapter, and his decision shall be final unless an appeal is made to the City Council. In such a case, the decision of the Council shall be final. (Ord. 2313 §1 (part), 2010) 14.04.330 Temporary Water Meters A. Temporary water meters are available on a rental basis from the Public Works Department, with the rental deposit amount charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. B. Meters are to be used only for the designated project. C. Meters are to be returned promptly upon completion of the project or at the end of 60 days, whichever comes first. D. Meters are to be returned in the same condition as when rented. The user is responsible for meter damage and shall pay all costs related to repair. Lost or stolen meters are the responsibility of the renter and renter shall pay all costs associated with replacement of the meter, shall forfeit the rental deposit and shall pay for an estimated amount of water used. E. Meters may be moved from one hydrant to another within the same project providing: 1. Water Department is notified in advance of proposed relocation; 2. Hydrant wrenches are used in making all connections and disconnections. F. Rates for water usage through temporary meters shall be charged in accordance with the June through September Commercial/ Industrial fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2313 §1 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–7 CHAPTER 14.06 BACKFLOW PREVENTION ASSEMBLIES Sections: 14.06.010 Purpose of Chapter 14.06.020 Authority 14.06.030 Definitions 14.06.040 Cross-Connections Declared Unlawful 14.06.050 Approved Backflow Prevention Assemblies 14.06.060 Regulation of Private Water Supplies 14.06.070 Adoption of State Regulations 14.06.080 Abatement of Unlawful Cross-Connections and Installation of Approved Backflow Prevention Assemblies – Procedure 14.06.090 Penalties 14.06.010 Purpose of Chapter The purpose of this chapter is to protect the public water system from contamination due to backflow through cross- connections, and eliminate or control cross-connections between the public water system and any private water supply. (Ord. 2313 §2 (part), 2010) 14.06.020 Authority A. The Public Works Director, or his or her designee, shall administer this chapter. The Director’s authority includes the establishment of regulations and procedures, enforcement, and implementation of measures necessary to carry out the intent of this chapter. B. The Director promulgates and implements the City’s policy on cross-connection control for the operation of the Cross- Connection Control Program. The Cross-Connection Control Program policy shall be enforced under the requirements of this Chapter. (Ord. 2313 §2 (part), 2010) 14.06.030 Definitions A. “Backflow” means undesirable reversal of flow of water or other substances through a cross-connection into the public water system or customer’s potable water system. B. “Approved backflow prevention assembly” means a Reduced Pressure Principle Assembly (RPPA), Reduced Pressure Detector Assembly (RPDA), Double Check Valve Assembly (DCVA), Double Check Detector Assembly (DCDA), Pressure Vacuum Breaker Assembly (PVBA), or a Spill-Resistant Vacuum Breaker Assembly (SVBA) that is approved by the Washington State Department of Health (DOH). Assemblies that will be approved will appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research or other entity acceptable to the DOH. C. “Cross-connection” means any physical connection whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains or may contain contaminated water, sewage or other wastes or liquids of unknown or unsafe quality, which may be capable of imparting contamination to a public water supply as a result of backflow. (Ord. 2313 §2 (part), 2010) 14.06.040 Cross-Connections Declared Unlawful The installation or maintenance of a cross-connection, which in the opinion of the Director, or his or her designee, will endanger the water quality of the potable water supply of the City, is unlawful. (Ord. 2313 §2 (part), 2010) 14.06.050 Backflow Prevention Assemblies Approved backflow prevention assemblies, when required to be installed in the opinion of the Public Works Director, or his or her designee, shall be installed and maintained by the service customer on any service connection to the City’s water supply system where said approved backflow prevention assemblies are necessary for the protection of the City’s water supply. (Ord. 2313 §2 (part), 2010) 14.06.060 Regulation of Private Water Supplies Use or operation of a private water supply system, contrary to the provisions of the ordinances of the City, or the laws of the State, or the rules and regulations of the DOH regarding public water supplies where said private system is served by the City public water supply, is unlawful. (Ord. 2313 §2 (part), 2010) 14.06.070 Adoption of State Regulations DOH rules and regulations regarding public water supplies, entitled “Cross-Connection Control Regulation in Washington State” codified at WAC 246-290-490, and the American Water Works Association, Pacific Northwest Sections’ Second Edition of “Accepted Procedure and Practice in Cross-Connection Manual” as they presently exist or are hereafter amended, are adopted by this reference as if set forth in full and are on file in the office of the City Clerk. (Ord. 2313 §2 (part), 2010) 14.06.080 Abatement of Unlawful Cross-Connections and Installation of Approved Backflow Prevention Assemblies – Procedure Cross-connections declared in TMC Chapter 14.06 to be unlawful, whether presently existing or hereinafter installed, and/or services requiring backflow prevention assemblies and/or unlawful use or operation of a private water supply system served by the City public water supply system are public nuisances, and in addition to any other provisions of this code or the ordinances of the City where abatement of public nuisances shall be subject to abatement in accordance with the following procedure: 1. In the event that the Public Works Director determines that a nuisance as herein provided does exist, written TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–8 notice shall be sent to the person in whose name the water service is established under the records of the City water department, or alternatively, a copy of such written notice shall be posted on the premises served. 2. The notice shall provide that the nuisance described herein shall be corrected within 30 days of the date said notice is mailed or posted on the premises. 3. In the event said nuisance is not abated within the prescribed time, water service to said premises shall be discontinued. 4. In the event that the nuisance, in the opinion of the Public Works Director, or his or her designee, presents an immediate danger of contamination to the public water supply, service from the City water supply system to the premises may be terminated without prior notice, provided, however, notice will be posted on the premises in the manner heretofore provided at the time said service is terminated. (Ord. 2313 §2 (part), 2010) 14.06.090 Penalties Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.06, shall be subject to the terms and conditions of Chapter 8.45 ("“Enforcement"”). (Ord. 2313 §2 (part), 2010) CHAPTER 14.08 SEWAGE WASTE DISPOSAL SYSTEMS Sections: 14.08.010 County Ordinance Adopted 14.08.010 County Ordinance Adopted The regulations and provisions of Title 13 of the Board of Health of King County, Washington, entitled "“Board of Health On- site Sewage Regulations"”as they presently exist or are hereafter amended, are adopted by the reference as if set forth in full and are on file in the office of the City Clerk. (Ord. 2314 §1, 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–9 CHAPTER 14.12 SEWER REGULATIONS Sections: 14.12.020 Definitions 14.12.030 Notice -–Connection Requirements 14.12.040 Penalty for Late Connection -–Payment 14.12.050 Permit Required 14.12.060 Sanitary Side Sewer Installation Permit Required 14.12.070 Obtaining Permit to Install Sanitary Side Sewer 14.12.080 Issuance of Temporary Permit 14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Property 14.12.100 Additional Work Permit 14.12.110 New Permit Fee 14.12.120 Time Limit 14.12.130 Display of Permit 14.12.140 Work Without a Permit 14.12.150 Description of Sanitary Side Sewers 14.12.170 Call for Inspection 14.12.180 Inspection Before Trenches Filled 14.12.190 Inspector’s Right of Entry 14.12.210 Improper Work -–Completion by City 14.12.220 Obstructed or Broken Sewer Repair 14.12.230 Injury to Public Sewers and Drains 14.12.240 Depositing Rubbish in Public Sewers and Drains 14.12.250 Exhaust Steam and Hot Water 14.12.260 Unlawful Discharge of Prohibited Foreign Substance into Public Sewer 14.12.263 Pretreatment Facilities 14.12.265 Unlawful Discharge -–Enforcement 14.12.270 Discharge of Surface or Subsurface Drainage 14.12.280 Trees and Shrubbery Obstructing Sewers 14.12.290 Noncompliance -–Notice -–Remedy 14.12.300 Regulation Authority 14.12.310 Lien -–Collection -–Notice 14.12.020 Definitions See TMC Section 14.04.010 (Ord. 2314 §2 (part), 2010) 14.12.030 Notice -–Connection Requirements The owner of each lot or parcel of real property within the area to be served by the sanitary sewage disposal system, upon which such lot or parcel of property there shall be situated any building or structure for human occupancy or use for any purpose, shall within 30 days after the publication in a newspaper of general circulation within the City of a notice signed by the Mayor and City Clerk, for connections to be made therewith, cause a connection to be made between the said sewage system and each such building or structure; provided that where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth, and all such buildings may be served by one sanitary sewer connection, only one connection for all such buildings need be made. All premises upon which any portion of any building is situated within 250 feet of a sanitary sewer line or lateral shall be deemed to be within the area served by said sanitary sewage system. All connections shall be made to said sanitary sewage system in a permanent and sanitary manner subject to the approval of the Director, and shall be sufficient to carry all sanitary sewage and waste fluids of any kind from said buildings into said sanitary sewage system, and each toilet, sink, stationary wash stand, or any other piece or type of equipment having waste fluids shall be connected with said sanitary sewage system; provided, that where such building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy. (Ord. 2314 §2 (part), 2010) 14.12.040 Penalty for Late Connection – Payment If any connection shall not be made within the time herein provided, the Director or such other employee of the City as the Mayor or City Council designate is hereby authorized and directed to cause the same to be made and to file a statement of the costs thereof with the City Clerk; and thereupon a warrant shall be issued under the direction of the City Council against the sewer fund for the payment of such cost. Such amount, together with a penalty of 10%, plus interest at the rate of 8% per annum upon the total amount of such costs and penalty, shall be assessed against the property upon which the said building or structure is situated, and shall become a lien thereon as hereinafter provided as in the case of delinquent sanitary sewer service charges. The total amount when collected shall be paid into the sewer fund. In the alternative, if any such connection shall not be made within the time hereinabove provided, the Director or such other employee of the City as the Mayor and City Council may hereinafter designate, shall certify to the City Clerk that the connection has not been made, and the City Council shall cause an action to be instituted in the Superior Court of the State of Washington for King County against the owner or owners of the property upon which the building or structure requiring said person to forthwith cause the connection to be made. Nothing in TMC Chapter 14.12 shall be construed to relieve the property owner from paying monthly sanitary sewage service charges as herein established pending the making of the connection. (Ord. 2314 §2 (part), 2010) 14.12.050 Permit Required It is unlawful for any person to make any opening in any public sanitary sewer or to connect any private drain or sewer therewith, or to lay, repair, alter or connect any private drain or sanitary sewer in a public street, avenue, alley or other public place, unless such person has first obtained a permit to do so from the Director. (Ord. 2314 §2 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–10 14.12.060 Sanitary Side Sewer Installation Permit Required It is unlawful for any person to connect any private sanitary sewer system to the public sanitary sewer system without complying with all the provisions of TMC Chapter 14.12 in relation thereto and having a permit to do so from the Director. (Ord. 2314 §2 (part), 2010) 14.12.070 Obtaining Permit to Install Sanitary Side Sewer In order to obtain the permit provided for in TMC Section 14.12.060, the owner shall file an application therefor with the Department pursuant to TMC Section 18.104.060, together with plans and specifications showing the whole course of the drain from the public sanitary sewer to its connection with the building or premises, and all branches, traps and fixtures to be connected therewith, which plans and specifications shall be submitted to the Department for approval, and Director may change or modify the same and designate the manner in which the connecting sanitary sewers shall be connected with the building, the place where such connections with the public sanitary sewer shall be made, and specify the material, size and grade of the connecting sanitary sewer, and shall endorse his approval on such plans and specifications as originally prepared or as modified and changed. The owner shall further provide an expressed written consent to the Department to enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval of the plans and specifications, the Department shall issue a permit to the owner to construct that portion of sanitary side sewer within the owner’s property, and shall also issue a work order to the street department to install sanitary side sewer from sanitary sewer main to property line; and it is unlawful for any person to alter the approved plans and specifications or to do any other work than is provided for in the permit, or to repair, extend, remove or connect to any private sanitary sewer without first obtaining a permit as provided in TMC Chapter 14.12. (Ord. 2314 §2 (part), 2010) 14.12.080 Issuance of Temporary Permit At the discretion of the Department, a temporary permit may be issued permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer. The temporary permit shall be revocable upon 60 days’ notice posted on the premises directed to the owner or occupant of the premises, and in the event that the private sanitary sewers are not disconnected at the expiration of the notice, the Department of Public Works may disconnect the same and collect the cost of the disconnection from the owner or occupant of the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be granted only on the condition that the permittee will save the City harmless from any damage by reason of the issuance or revocation of the temporary permit. (Ord. 2314 §2 (part), 2010) 14.12.090 Permit to Construct or Extend Sanitary Sewer Inside Property A. It is unlawful for any person to construct, extend, relay, or make connections to a private or lateral sanitary sewer within the property line without obtaining a permit therefor as provided in TMC Chapter 14.12 and filing a scale drawing showing the location thereof, as provided in TMC Section 14.12.050. B. The Department may issue the permit to the owner or agent of any property to construct, extend, relay, or make connections to a lateral or private sanitary sewer inside of property line provided that such owner or agent shall comply with the applicable provisions of TMC Chapter 14.12. (Ord. 2314 §2 (part), 2010) 14.12.100 Additional Work Permit When a permit has been issued for a private sanitary sewer or drain, as provided in TMC Chapter 14.12, no additional work shall be put in without the approval of the Department, and a new permit must be taken out covering all such additional work. (Ord. 2314 §2 (part), 2010) 14.12.110 New Permit Fee In case work shall not be done or completed within the time specified in any permit and no extension thereof has been granted, a new permit shall be applied for and all applicable fees will be charged. (Ord. 2314 §2 (part), 2010) 14.12.120 Time Limit No permit issued under the provisions of TMC Chapter 14.12 shall be valid for a longer period than that specified in the permit, but the same may be renewed or extended at the reasonable discretion of the Director upon application therefor prior to the expiration of the time originally limited in the permit. (Ord. 2314 §2 (part), 2010) 14.12.130 Display of Permit The permit from the Department required under the terms of TMC Chapter 14.12 must, at all times during the performance of the work and until the completion thereof, be posted in some conspicuous place at or near the work. (Ord. 2314 §2 (part), 2010) 14.12.140 Work Without a Permit It shall be the duty of any police officer, in case he finds any person engaged in the work of breaking the ground for the purpose of making connections with the public sanitary sewer, to ascertain if such person has a permit from the Department to make such sanitary sewer connections, and in the event that such person has no permit for making such connections, it shall be the duty of such officer to immediately report the fact to the Director. (Ord. 2314 §2 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–11 14.12.150 Description of Sanitary Side Sewers All sanitary side sewers shall be laid on not less than 2% grade, nor more than two vertical to one foot horizontal; shall not be less than 30 inches from any building; shall have not less than 12 inches of cover inside the property line; and shall be not less than six inches in diameter from the main sanitary sewer to the property line. No storm drains, such as roof, patio or yard drains, shall be connected directly or indirectly to the sanitary sewers. Not more than one house shall be connected with a lateral sanitary sewer, except where such connection is made inside the property line and the owner or owners of such property shall make and file in the office of the City Clerk an easement for such purposes; except also, where connection is to an existing sanitary side sewer within a public street, and written permission from the owner or owners of the premises served by such sanitary side sewer has been filed with the Director. In the event that physical or other conditions render the enforcement of the above provisions impracticable, the Director may issue a special permit for the installation of a lateral or private sanitary sewer requiring compliance only with the above conditions, as far as practicable; but such special permit shall be issued only upon the condition that the permittee will save the City harmless from any damages by reason of such installation. (Ord. 2314 §2 (part), 2010) 14.12.170 Call for Inspection Any person performing work under permit pursuant to the provisions of TMC Chapter 14.12 shall notify the Director when the work will be ready for inspection, and shall specify in such notice the location of the premises. If the inspector finds the work or material used is not in accordance with the provisions of TMC Chapter 14.12, he shall notify the person doing the work and also the owner of the premises by posting a written notice upon the premises, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection; and a copy of such notice shall be kept on file in the office of the Director. (Ord. 2314 §2 (part), 2010) 14.12.180 Inspection Before Trenches Filled No trench shall be filled or any connecting sanitary sewer covered, until the work from the point where the same connects with the public sanitary sewer or other outlet to the point where it connects with the iron pipe or other plumbing of the building or premises to be connected shall have been inspected and approved by or under the directions of the Director and until the same shall have been made in all respects to conform to the provisions of TMC Chapter 14.12. (Ord. 2314 §2 (part), 2010) 14.12.190 Inspector’s Right of Entry For the purpose of examining any or all private sanitary sewers or drains and of ascertaining whether the provisions of TMC Chapter 14.12 are being complied with, the Director or his duly authorized representatives or agents shall, upon the issuance of a search warrant or in any emergency or when consent has been given, at all reasonable times have the right to enter and inspect such buildings; and it is unlawful for any person to prevent or attempt to prevent any entrance or inspection, or to obstruct or interfere with any such officer while engaged in such an inspection. (Ord. 2314 §2 (part), 2010) 14.12.210 Improper Work – Completion by City If any work done in pursuance of a permit granted, as prescribed in TMC Chapter 14.12, is not constructed and completed in accordance with the provisions of TMC Chapter 14.12 and the plans and specifications as approved by the Director, and if the contractor or person doing the work refuses to properly construct and complete the work, notice of the failure or refusal shall be given to the owner of the property, for whom the work is being done, as provided in TMC Chapter 14.12; and the Director shall cause the work to be completed and the sewer connected in the proper manner, and the full cost of the work and any materials necessary therefor shall be charged and become a lien against the property, and shall be collected in the manner provided in TMC Chapter 14.12. (Ord. 2314 §2 (part), 2010) 14.12.220 Obstructed or Broken Sewer Repair Whenever any private sewer connected with any public sanitary sewer becomes obstructed, broken or out of order, and if the owner, agent or occupant of the premises fails to repair the same after five days when notified to do so by the Director, the Director is authorized to remove, reconstruct, replace, alter or clear the same as he may deem expedient, at the expense of the owner, agent or occupant of the premises; and when two or more houses or buildings are connected with the same private sanitary sewer, the owners, agents or occupants shall be jointly and equally liable for any work done by the City supervisor under TMC Section 14.12.220. (Ord. 2314 §2 (part), 2010) 14.12.230 Injury to Public Sewers and Drains It is unlawful for any person to injure, break, remove or alter any portion of any manhole, clean-out, flush tank, or any part of the public sanitary sewers or drains of the City. (Ord. 2314 §2 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–12 14.12.240 Depositing Rubbish in Public Sewers and Drains It is unlawful for any person to deposit in any manhole, clean- out, flush tank, sanitary sewer opening, drain, ditch, or natural water course any garbage, rubbish, dead animals or any substance that will obstruct, or have a tendency to obstruct, the flow of any sanitary sewer, drain, ditch or natural water course. (Ord. 2314 §2 (part), 2010) 14.12.250 Exhaust Steam and Hot Water No steam exhaust or blow-off, or any heated water higher than 150° Fahrenheit shall be discharged into a sanitary sewer. (Ord. 2314 §2 (part), 2010) 14.12.260 Unlawful Discharge of Prohibited Foreign Substance into Public Sewer A. It is unlawful to discharge or cause to be discharged into any sewer any waste which may have an adverse or harmful effect on the sanitary sewer system, public treatment works, its personnel or equipment. None of the following waters or wastes shall be discharged into the public sanitary sewer: 1. Polar and non-polar fats, oils, or grease (FOG) in amounts that exceed King County wastewater division standards or cause a visible sheen on the discharge or in the public sewer system or build-up of grease in any public sewer facility or which accumulations either alone or in combination with other discharges cause obstructions of the public sewer system; 2. Any gasoline, benzene, fuel oil, or other flammable or explosive liquid, solid, or gas; 3. Food waste or animal parts, including food-grinder waste, that cannot pass through a one-quarter inch sieve; 4. Any ashes, cinders, sand, gravel, mud, straw, grass, metal, glass, rags, feathers, tar, plastics, wood, paunch manure or any other solid or viscous substances capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewerage works; 5. Any waters or wastes having a pH lower than 5.5 or higher than 9.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel; 6. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the treatment plant; 7. Any water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant; 8. Any noxious or malodorous substance capable of creating a public nuisance. (Ord. 2314 §2 (part), 2010) 14.12.263 Pretreatment Facilities A. All such prohibited substances identified in TMC Section 14.12.260 shall be intercepted by an adequate and suitable separation device or interceptor, installed in such a manner that allows the safe and convenient removal of the waste product or other prohibited substances, materials or liquid as identified in TMC Section 14.12.260, which shall not flow or be discharged into the sanitary sewer system. All such interceptors shall be of design, construction and capacity as shall be approved by the City Engineer. The grease interceptor shall be adequately maintained and readily accessible for inspection by the City at any time to ensure its proper operation. B. Any violation of this section is subject to the terms specified in “Enforcement” as set forth in TMC 14.12.265. (Ord. 2314 §2 (part), 2010) 14.12.265 Unlawful Discharge – Enforcement All violations of TMC Section 14.12.260 shall be considered civil infractions, and are subject to the actions and penalties set forth in TMC Chapter 8.45. (Ord. 2314 §2 (part), 2010) 14.12.270 Discharge of Surface or Subsurface Drai- nage It is unlawful to discharge surface or subsurface drainage into any portion of the sanitary sewer system. (Ord. 2314 §2 (part), 2010) 14.12.280 Trees and Shrubbery Obstructing Sewers It is unlawful to plant poplar, cottonwood, soft maple, gum, or any other tree or any shrub whose roots are likely to obstruct public or private sanitary sewers, within 30 feet of any public or private sewer or drainpipe. The Director is authorized to remove any trees or shrubs from any public street, or the roots of any trees or shrubs that extend into any public street, when said trees or the roots thereof are obstructing, or when he determines they are liable to obstruct, public or private sanitary sewers or drains; provided, however, that he shall give ten days notice in writing to the owner or occupant of the abutting property to remove the same; and if the owner or occupant fails refuses so to do so, the reasonable cost of removal when done by the Director shall be a charge against, and a lien upon, the abutting property from which such trees or shrubs are removed, and the Director is authorized and directed to collect such charge by suit maintained in the name of the City as plaintiff, against the owner, in any court of competent jurisdiction. (Ord. 2314 §2 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–13 14.12.290 Non-compliance – Notice – Remedy When any sanitary sewer is constructed, laid, connected or repaired, and does not comply with the provisions of TMC Chapter 14.12, or where it is determined by the Director that a sanitary side sewer is obstructed, broken or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director shall give notice to the owner, agent or occupant of the property in which such condition exists, of such condition; and if he refuses to construct, relay, reconstruct or remove the obstruction of said sanitary side sewer within the time specified in such notice, the Director may perform such work as may be necessary to comply with TMC Chapter 14.12, and the cost of such work as done by the Director shall be assessed against the property or collected from the person responsible for the condition, and the amount thereof shall become a lien upon the property, and the City Attorney is authorized, empowered and directed to collect such cost, either by the foreclosure of the lien or by a suit against the owner or occupant of the property, or other person responsible for such condition, which suit shall be maintained in the name of the City as plaintiff, in any court of competent jurisdiction. (Ord. 2314 §2 (part), 2010) 14.12.300 Regulation Authority The Director may make and issue such rules and regulations as may be expedient and necessary to carry out the provisions of TMC Chapter 14.12. (Ord. 2314 §2 (part), 2010) 14.12.310 Lien – Collection – Notice A. Whenever any sum of money is to be charged as a lien upon the particular property upon which work shall be done by any department of the City under the terms and provisions of TMC Chapter 14.12, the manner and method of collecting said amounts shall be substantially as follows: The owner or agent of the property shall be given a notice in writing by the Department that said owner or agent is required to do the particular work at the expense of the property owner. The notice shall be in substantially the following form: “To , Owner, and , Agent, of that certain property described as Lot , in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified to perform the following work upon the above described property within ten (10) days of the date of the service of this notice upon you, viz.: . And you are further notified that if you do not perform said work within said period of ten (10) days, then the City of Tukwila will perform the same and charge the amount of said work against said property, and will proceed to collect the same according to law. The City Of Tukwila By: Director” B. A copy of this notice shall be posted upon the property affected, and a further copy shall be mailed to the agent or owner at his last known address. In case the agent or owner fails to perform the work within ten days, after the notice shall have been mailed and posted, then the work shall be done by the proper department of the City; and as soon as practicable after the work is performed, the owner or agent shall be notified in the same manner as provided in TMC Chapter 14.12, that the work has been done by the City, and of the amount of the charge for doing the work and shall require either to pay to the Finance Department said amount, within 30 days after the date of the posting and mailing of the notice, or to file with the City Council objections in writing against said charge. The form of notice just provided for shall be substantially as follows: “To , Owner, and , Agent, of that certain property described as Lot , in Block , Addition to the City of Tukwila, King County, Washington: You are hereby notified that pursuant to a former notice given you upon the day of , 20 _, that the City of Tukwila has performed the work required to be done pursuant to the said former notice, and that the cost and expense of doing said work is the sum of dollars. You are further notified that unless you pay said amount to the City treasurer, or file objections against said amount within thirty (30) days of the date of service of this notice upon you, the same shall be a lien against the above described real property and will be collected by the City of Tukwila according to law. The City Of Tukwila By: Director” C. The City Council shall at its next regular meeting after the filing of any objections or as soon thereafter as may be convenient, hear the same. At such hearing, the Council may take any action in the matter as may seem just. After said hearing, or after the expiration of the 30-day period hereinbefore provided for when no objection is filed, the amount thereof shall become a lien against the property upon which the work was performed, and the City Attorney is authorized to proceed to collect the amount in any lawful manner. (Ord. 2314 §2 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–14 CHAPTER 14.16 SEWER CHARGES Sections: 14.16.010 Definitions 14.16.020 Date of Commencement and Payment for Service Charges 14.16.030 Schedule of Charges 14.16.040 Special Rates 14.16.050 Responsibility of Owner to Pay 14.16.060 City – King County Agreement Charges 14.16.065 City – King County Wastewater Treatment Rate 14.16.070 Regular Connection Charge 14.16.072 Special Connection Charge – Payment 14.16.074 Special Connection Charge – Computation 14.16.076 Special Connection Charge – Inclusion of Property in Local Improvement District – Credit 14.16.078 Side Sewer Stub Installation 14.16.080 Conformance to Comprehensive Sewage Plan – Lateral and Trunk Sewer Dedication 14.16.090 Lien for Unpaid Charges 14.16.100 Police Power 14.16.110 Penalty for Violation 14.16.010 Definitions A. “Commercial and industrial sewage service” means sewage collection and/or sewage disposal service, furnished or available to the use of premises used or engaged in the selling, manufacturing, processing, and/or dispensing of products or services, or otherwise catering to the public. B. “Dwelling unit” means a unit in an apartment house, rooming house, trailer court, motel, hotel, building or space for human habitation having plumbing facilities for preparation of food, washing dishes, etc., and/or for bathing, and for toilet purposes, for the exclusive use of the individual or individuals occupying the dwelling unit. C. “Multiple dwelling (permanent type) sewage service” means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of apartments, rooms, other dwelling units with water connections, providing for human habitation on a permanent basis. D. “Multiple dwelling (transient type) sewage service” means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting of motels, hotels, trailer space, and any other building or space providing for human habitation on a transient basis. E. “Multiple tenant commercial and/or industrial unit sewage service” means sewage collection and/or sewage disposal service, furnished or available to the use of premises used for renting, leasing, subleasing or sale to more than one tenant within a single structure for the purpose of retail or wholesale sales, commercial or industrial use for the manufacture, processing, assembly, disassembly or other related use of similar nature. F. “Recipient of service” – All property owners within the City, within the area served by the sewerage system of the City, are hereby required and shall be compelled to connect their private drains and sewers with the sewerage system of the City; and it is unlawful for any property owner to fail or refuse to make such connections. G. “Residential sewage service” means sewage collection and/or sewage disposal furnished or available to the use of premises used primarily for human habitation, excluding those premises used for the renting of rooms, apartments, and trailer space. H. “Sanitary side sewer” means a sanitary sewer laid generally perpendicularly from a main sanitary sewer in a public right-of-way to the property line of the property to be served by the sewage collection and/or sewer disposal service. I. “School sewage service” means sewage collection and/or sewage disposal service furnished or available to the use of premises used for public and/or private schools. J. “Sewage collection system” means the collection and carrying of sewage through the City’s system of sanitary sewers. K. “Sewage disposal service” means the disposition of sewage by purification in a sewage treatment plant. (Ord. 2314 §3 (part), 2010) 14.16.020 Date of Commencement and Payment for Service Charges Charges shall be made for all sewage collection service and/or sewage disposal service furnished, or available for use, from November 30, 1961. All sewer charges and related fees shall be due and payable on the first day of each and every month for the sewer and services provided during the previous month and shall be paid to the Finance Department. All bills will become delinquent on the eleventh day of the following month. (Ord. 2314 §3 (part), 2010) 14.16.030 Schedule of Charges Rates and charges for sewer service furnished and available for use shall be paid by the owner of the property and shall be as follows: 1. Residential Sewage Service (single dwelling unit) – A flat monthly rate for each single-family residence shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately- billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of sewer service charges. Every such person shall file with the Finance Department their affidavit that they are qualified to be charged the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–15 Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. 2. Residential Sewage Service (multiple dwelling unit, permanent type) – A flat monthly rate for each dwelling unit shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 3. School Sewage Service – The rate shall be the commercial/industrial sewage rate. 4. Commercial and Industrial Sewage Service – Each account will be charged a flat monthly rate in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. In addition, the charge for sewage service on premises using more than 750 cubic feet of water per month shall be at the rate per 750 cubic feet, in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. 5. Payment of charges – Interest will be charged on delinquent balances 30 days in arrears in accordance with a fee schedule to be adopted by motion or resolution of the Tukwila City Council. All balances will become delinquent on the eleventh day of the month following the month that the sewer service was provided. (Ord. 2314 §3 (part), 2010) 14.16.040 Special Rates A. Nothing herein shall be construed to prevent the charging of special rates under agreement between the City and commercial and/or industrial recipient. B. For the properties complying with TMC Section 14.16.040, the charges for sewer services outside the corporate limits of the City shall be the same as those charged within the City, provided that the parties seeking the service shall have paid for the construction of their sewer by a Local Improvement District or by and at their sole expense in accordance with applicable ordinances, regulations, specifications and comprehensive sewage plans of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. C. For those properties outside the City corporate limits requesting sewer service who do not comply with the provisions of TMC Section 14.16.040B, the charges for sewer service shall be two times the amount chargeable under TMC Section 14.16.030, if the service was provided within the corporate limits of the City. Prior to the connection of the sewer service outside the City limits, a written sewer service contract shall be made and executed between the City and the customer. D. The connection of service outside the City limits shall be solely at the discretion of the City Council. Ord. 2314 §3 (part), 2010) 14.16.050 Responsibility of Owner to Pay All accounts for sewer shall be the responsibility of the owner of the property for which the service was installed regardless of whether the property has a tenant or third-party paying agents. A fee will be charged for the administrative cost of updating the utility records for changes in owners, tenants, and/or third party paying agents in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2314 §3 (part), 2010) 14.16.060 City/King County Agreement Charges In addition to those charges set forth in TMC Section 14.16.030, there shall be charged each month those charges as set forth and defined in Section 5 of the Tukwila/King County agreement as adopted by Ordinance 461. King County in this context refers to King County Department of Natural Resources and Parks, Wastewater Treatment Division. (Ord. 2314 §3 (part), 2010 14.16.065 City/King County Wastewater Treatment Rate A. Regular Rate. The City/King County charges as provided in TMC Section 14.16.060 and as required by the Agreement for Sewage Disposal between King County and the City of Tukwila is set at the most current King County rate per month per residential customer and per residential customer equivalent as now defined or hereafter amended in the agreement for sewage disposal between King County and the City of Tukwila. B. Reduced Rate. Every person 62 years of age or older (if married, then either spouse) and every person totally and permanently disabled residing in a separately metered dwelling and who is paying directly for such separately billed service either as owner, purchaser or renter and whose individual disposable income, if a single person, or whose combined disposable income, if a married couple, from all sources is less than $32,000 per year, shall pay a rate equal to 50% of the City/King County charge. Every such person shall file with the Finance Department their affidavit that they are qualified to receive the special rate. Such affidavits are to contain information as required by the Finance Director in order to establish eligibility. Each affidavit will also include an unqualified promise to inform the City of any changes in financial condition that would disqualify the person for special rates. The Finance Director may require affidavits on an annual basis if deemed necessary. (Ord. 2314 §3 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–16 14.16.070 Regular Connection Charge In addition to the permit fees required by TMC Chapter 14.16, the property owner seeking connection to the sewerage system of the City, in order that such property owner shall bear his equitable share of the cost of the City’s entire sewer system, shall pay, prior to connection to a City sewer, a regular connection charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. (Ord. 2314 §3 (part), 2010) 14.16.072 Special Connection Charge – Payment In addition to the regular connection charge imposed under TMC Section 14.16.070, a special connection charge shall be paid by the owners of properties which have not been assessed or charged or borne an equitable share of the cost of the City sewerage system. Such charge shall be paid prior to connection to the City sewer and shall be in an amount to be computed under TMC Section 14.16.074. (Ord. 2314 §3 (part), 2010) 14.16.074 Special Connection Charge – Computation The special connection charge imposed by TMC Section 14.16.072 shall be paid to the sewer fund and shall be computed as follows: 1. For lateral sewers – The number of units of property furnished to be served by the sewer determined in the manner prescribed in RCW 35.44.030 and 35.44.040 for determining “assessable units of frontage” shall be multiplied by the average five-year local improvement assessment per unit of frontage for lateral sewers for the five-year period in which the property to be connected was constructed and accepted as completed, as follows: Year 1955-59 1960-64 1965-69 1970 Sewer Rate $5.26 $8.11 $10.97 $12.00 The lateral sewer charge shall be waived by the City providing the owner, developer or applicant constructs at his own expense a sanitary sewer to serve his property, and providing that the sewer is in compliance with the comprehensive sewage plan and specifications and requirements of the City. The City shall also waive the area or trunk sewer charge if the owner, developer or applicant constructs at his sole expense a sanitary sewer so as to serve other properties, and is over-sized to accept sewage generated from other properties, which properties are not contributing to the construction cost of the over-sizing. The construction shall be in accordance with the comprehensive sewage plan and specifications and requirements of the City. 2. For trunk sewers – The number of square feet of property area to be served by the sewer shall be multiplied by the average local improvement assessment per square foot for trunk sewers for the five-year period in which the trunk sewer to which the lateral sewer serving the property is to be connected was constructed and accepted, as follows: Year 1955-59 1960-64 1965-69 1970 Sewer Rate per Sq. Ft. .0160 .0195 .0200 .0200 Such special connection charge for property abutting on a street, in which a sewer can be constructed or extended to serve such property, shall be computed as if the sewer were so constructed or extended; and the special connection charge for property located back from the margin of the street in which the sewer exists and outside of the assessment district created therefor shall be made giving consideration to the distance of the property from the street margin. In no case shall credit be allowed for the cost of extra length of side sewer required for connection to the City’s sewerage system. Provided, that in cases where application of the foregoing formula to a particular property results in a charge which because of unusual conditions is in excess of charges to similar properties, the Director with express approval of the City Council is authorized to reduce the special connection charge to the amount charged to properties similarly situated. (Ord. 2314 §3 (part), 2010) 14.16.076 Special Connection Charge – Inclusion of Property in Local Improvement District – Credit If the property for which a special connection charge has been paid is subsequently included in a Local Improvement District for the construction of sewers of a similar nature, the amount so paid shall be credited to the assessment against such property, and such amount shall be paid from the sewer fund to such Local Improvement District fund. (Ord. 2314 §3 (part), 2010) 14.16.078 Side Sewer Stub Installation If the side sewer stub has not been installed to the property line where the property owner elects to connect, it shall be his responsibility to acquire the necessary permits and bear the cost of all necessary construction to provide the required side sewer stub connection to the sanitary sewer. Any property served by the sewer stub connection that has been installed, but which was never assessed nor paid for, shall pay the charge in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council prior to connection to or for the stub. (Ord. 2314 §3 (part), 2010) 14.16.080 Conformance to Comprehensive Sewage Plan – Lateral and Trunk Sewer Dedication No sewer shall be connected to the City system that does not conform to the comprehensive sewage plan. Prior to being accepted by the City and connected to the City sewer system, all lateral and trunk sewers shall be dedicated to the City pursuant to a developer’s agreement or similar agreement satisfactory to the City. (Ord. 2314 §3 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–17 14.16.090 Lien for Unpaid Charges The City shall have a lien against the property to which sewer service has been furnished for the delinquent and unpaid rates and charges therefor in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. All costs and fees of foreclosing the unpaid sewer costs shall be included in the charges to be paid. The City shall and is required to enforce said liens and foreclose the same in the manner provided by law. (Ord. 2314 §3 (part), 2010) 14.16.100 Police Power It is declared to be necessary for the protection of the health of the people of Tukwila that all property within the City within the area served by said sewerage system be connected therewith, and TMC Chapter 14.16 is declared to be an exercise by the police power of the City. (Ord. 2314 §3 (part), 2010) 14.16.110 Penalty for Violation Any violation of any provision, or failure to comply with any of the requirements of TMC Chapter 14.16, shall be subject to the terms and conditions of TMC Chapter 8.45 (“Enforcement”). (Ord. 2314 §3 (part), 2010) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–18 CHAPTER 14.17 ALLENTOWN SEWER AND WATER CONNECTIONS Sections: 14.17.010 Phase I Sewer Connection Charge 14.17.020 Allentown and Ryan Hill Regular Water Connection Charges 14.17.030 Phase I Service Area Boundaries 14.17.040 Funding Recovery Review 14.17.050 Allentown Phase 2 and Foster Point Sewer Connection Charges 14.17.060 Allentown Phase 2 and Foster Point Regular Water Connection Charges 14.17.070 Phase 2 Service Area Boundaries 14.17.080 Funding Recovery Review 14.17.010 Phase I Sewer Connection Charge A. Allentown Phase I homes existing on September 1, 1996 will be required to connect to the sewer and pay associated connection charges, if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral and if: 1. septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. the home changes ownership, or; 3. remodeling occurs adding a bathroom or bedroom. B. Homes north of S. 124th St. on 43rd Ave. S. and on 44th Ave. S. existing on March 1, 1996 are exempt from connection charges as the sewer was constructed as part of the Metro project at no charge to the City or the property owners. C. Allentown sewer connection charges by year will be given a 10% reduction for connecting before January 31, 1998 to encourage early connections and the base fee of $7,278.00 will be increased $363.90 per year until 2006 in accord with RCW35.92.025: UNTIL CHARGE January 31, 1998 $6,550.20 10% reduction January 31, 1999 $7,278.00 Base price January 31, 2000 $7,641.90 January 31, 2001 $8,005.80 January 31, 2002 $8,369.70 January 31, 2003 $8,733.60 January 31, 2004 $9,097.50 January 31, 2005 $9,461 .40 January 31, 2006 $9,825.30 January 31, 2007 $10,189.20 in accord with RCW 35.92.025 where it is capped at $10,189.20. D. Payment methods for Phase I sewer connection charges are: 1. deferring connection fee or subsidizing low income applicants who qualify in accord with CDBG block grant requirements in effect at the time of application, 2. connection charges for Phase I residences existing September 1, 1996 may pay the sewer connection charge on a time plan with their monthly bills. The monthly payment with an annual interest rate of 5% will be calculated for a 5-, 7-, 10-, 12-, or 15-year term. 3. only existing individual single-family applicants are eligible for the payment plans. New homes constructed after September 1, 1996 are required to make full connection charge payment prior to building permit final construction approval for occupancy. Change of ownership requires payment in full of connection fees. Remodeling construction is required to pay connection fees prior to issuance of building permit unless home is on the payment plan which may be continued. 4. monthly payments may be started prior to obtaining a sewer connection permit. 5. monthly payments may be initiated as a payment method until January 31, 2001 for Phase I. E. Notice of sewer availability and connection requirements shall be placed on titles of properties within the Allentown area with sewer service. (Ord. 1777 §1, 1996) 14.17.020 Allentown and Ryan Hill Regular Water Connection Charges A. Existing facilities connected to the water system will not be assessed a water connection fee. B. Allentown water connection fees for any new single- family connection increase $198.40 per year: UNTIL CHARGE January 31, 1998 $3.968.00 January 31, 1999 $3.968.00 January 31, 2000 $4,166.40 January 31, 2001 $4,364.80 January 31, 2002 $4,563.20 January 31, 2003 $4,761.60 January 31, 2004 $4,960.00 January 31, 2005 $5,158.40 January 31, 2006 $5,356.80 January 31, 2007 $5,555.20 in accord with RCW 35.92.025 where it is capped at $5,555.20. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–19 C. Ryan Hill water connection fees for any new single-family connection increase $207.30 per year: UNTIL CHARGE January 31, 1998 $4,146.40 January 31, 1999 $4,146.00 January 31, 2000 $4,353.30 January 31, 2001 $4,560.60 January 31, 2002 $4,767.90 January 31, 2003 $4,975.20 January 31, 2004 $5,182.50 January 31, 2005 $5,389.80 January 31, 2006 $5,597.10 January 31, 2007 $5,804.40 in accord with RCW 35.92.025 where it is capped at $5,804.40. (Ord. 1777 §2, 1996) 14.17.030 Phase I Service Area Boundaries Allentown is bordered by the BNSF railroad on the east, the Duwamish River on the south and the west, and S. 115 th St. on the north. Ryan Hill includes the area approximately bounded by S. 114th St., 51st Ave. S., S. Ryan Way, and 47th Ave. S. Allentown is depicted on map, Figure 14-1 (attached to the ordinance codified herein as Exhibit A) and Ryan Hill on Figure 14-2 (Exhibit B); both maps are incorporated herein by this reference as if set forth in full. (Ord. 1777 §3, 1996) 14.17.040 Funding Recovery Review The successful implementation of later phases of the Sewer Plan for the seven residential areas is dependent on the repayment of general fund revenues from the connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to insure that the sewer plan remains viable and adequately funded in 2001. (Ord. 1777 §4, 1996) 14.17.050 Allentown Phase 2 and Foster Point Sewer Connection Charges A. Allentown Phase 2 and Foster Point homes existing on September 1, 2007 will be required to connect to the sewer and pay associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral, and if: 1. septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. the home changes ownership, or; 3. remodeling occurs adding a bathroom or bedroom. B. Tukwila’s Allentown Phase 2 and Foster Point sewer connection fee will start at $15,000 and increase by $600 (4% of $15,000) per year until 2017, in accordance with RCW 35.92.025: UNTIL CHARGE December 31, 2008 $15,000.00 December 31, 2009 $15,600.00 December 31, 2010 $16,200.00 December 31, 2011 $16,800.00 December 31, 2012 $17,400.00 December 31, 2013 $18,000.00 December 31, 2014 $18,600.00 December 31, 2015 $19,200.00 December 31, 2016 $19,800.00 December 31, 2017 $20,400.00 The maximum Allentown Phase 2 and Foster Point sewer connection fee thereafter will be $20,400.00, in accordance with RCW 35.92.025. C. Payment options for Tukwila’s Allentown Phase 2 and Foster Point sewer connection fees are as follows: 1. Sewer connection fees for Allentown Phase 2 and Foster Point residences existing prior to September 1, 2007, may be deferred if applicants qualify as low-income households in accordance with City policies that are in effect at the time of application. The sewer connection fee will be placed as a lien on the property’s title, and must be paid before there is a change of ownership. 2. Sewer connection fees for Allentown Phase 2 and Foster Point residences existing prior to September 1, 2007, may be paid on a time plan, included with their monthly water bills. The monthly payment, with an annual interest rate of 4%, will be calculated for a 5-year, 10-year, or 15-year term. Only existing individual single-family applicants are eligible for the payment plans. 3. New homes constructed after September 1, 2007 are required to make full sewer connection fee payment before issuance of the City of Tukwila’s building permit. New homes are also required to pay in full the current fee set for the King County Sewer capacity charge, and bring proof of payment to the City’s Permit Center prior to the Public Work’s final inspection approval. 4. Change of ownership requires payment in full of the sewer connection fees. Remodeling construction is required to pay sewer connection fees prior to issuance of building permit unless home is on the payment plan, which may be continued. 5. Monthly payments may be started prior to obtaining a sewer connection permit. 6. Monthly payments may be initiated as a payment method until December 31, 2017 for Allentown Phase 2 and Foster Point. After December 31, 2017, the sewer connection fee must be paid in full. D. Notice of sewer availability and connection requirements shall be placed on titles of properties within Tukwila’s Allentown Phase 2 and Foster Point area with sewer service. (Ord. 2177 §1, 2007) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–20 14.17.060 Allentown Phase 2 and Foster Point Sewer Connection Charges A. Residences existing prior to September 1, 2007 and connected to the water system will not be assessed a water connection fee. B. New homes constructed after September 1, 2007 are required to make full water connection fee payment upon issuance of the building permit. C. Tukwila’s Allentown Phase 2 and Foster Point water connection fees will start at $8,247.13 for any new single-family water connection, and will increase by $329.88 (4% of $8,247.13) per year until 2017, in accordance with RCW 35.92.025: UNTIL CHARGE December 31, 2008 $ 8,247.13 December 31, 2009 $ 8,577.01 December 31, 2010 $ 8,906.89 December 31, 2011 $ 9,236.77 December 31, 2012 $ 9,566.65 December 31, 2013 $ 9,896.53 December 31, 2014 $10,226.41 December 31, 2015 $10,556.29 December 31, 2016 $10,886.17 December 31, 2017 $11,216.05 The maximum Allentown Phase 2 and Foster Point water connection fee thereafter will be $11,216.05, in accordance with RCW 35.92.025. (Ord. 2177 §2, 2007) 14.17.070 Phase 2 Service Area Boundaries Allentown is bordered by the BNSF railroad on the east, the Duwamish River on the south and the west, and South 115th Street on the north. Foster Point is bordered by South 130th Place to the east, the Duwamish River on the south and the north, and includes 56th Avenue South, 57th Avenue South, South 133rd Street and Pamela Drive. The areas are shown on the attachment to this ordinance, and incorporated herein by this reference as if set forth in full. (Ord. 2177 §3, 2007) 14.17.080 Funding Recovery Review The successful implementation of later phases of the Sewer Plan for the four residential areas is dependent on the repayment of general fund revenues from the connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to insure that the sewer plan remains viable and adequately funded. (Ord. 2177 §4, 2007) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–21 CHAPTER 14.18 DUWAMISH SEWER AND WATER CONNECTIONS Sections: 14.18.010 Requirements 14.18.020 Service Area Boundaries 14.18.030 Regular Water Connection Charges 14.18.040 Water Service Area Boundaries 14.18.010 Sewer Connection Requirements Duwamish area homes – as spelled out by TMC 14.18.020, existing on November 30, 2002 will be required to connect to the sewer and pay the associated connection charges, if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral, and if: 1. Septic or health problems are identified by King County Health Department that require repair of the septic tank system, or; 2. The home changes ownership, or; 3. Remodeling occurs, adding a bathroom or bedroom. (Ord. 2007 §1, 2002) 14.18.020 Sewer Service Area Boundaries The Duwamish service area is bordered by the Duwamish River on the north and the east; East Marginal Way South on the west; and Interurban Avenue South on the south, as shown on Figure 14-3. (Ord. 2007 §2, 2002) 14.18.030 Regular Water Connection Charges A. Existing facilities in the Duwamish neighborhood which are connected to the water system on the effective date of this ordinance will not be assessed a water connection fee. B. Water connection for any new single-family connection in the Duwamish neighborhood will be assessed the following fees, which reflect a 1% increase per year in accordance with RCW 35.92.025: UNTIL CHARGE January 31, 2006 .................................3,975.44 January 31, 2007 .................................4,015.19 January 31, 2008 .................................4,055.34 January 31, 2009 .................................4,095.89 January 31, 2010 .................................4,136.84 January 31, 2011 .................................4,178.20 January 31, 2012 .................................4,219.98 January 31, 2013 .................................4,262.17 January 31, 2014 .................................4,304.79 January 31, 2015 .................................4,347.83 C. The applicable water connection charge shall be paid before the City gives any final building permit approval. (Ord. 2058 §1, 2004) 14.18.040 Water Service Area Boundaries The Duwamish service area is bordered by the Duwamish River on the north and the east; East Marginal Way South on the west; and Interurban Avenue South on the south, as shown on Figure 14-3. (Ord. 2058 §2, 2004) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–22 CHAPTER 14.19 SEWER CONNECTIONS — PRELIMINARY PLAT OF TUKWILA SOUTH Sections: 14.19.010 Sewer Connection Requirements and Fees 14.19.020 Service Area Boundaries 14.19.030 Funding Recovery Review 14.19.010 Sewer Connection Requirements and Fees A. Homes on Orillia Road existing on July 1, 2013 will be required to connect to the sewer and pay associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer line or lateral and if: 1. Septic tank or health problems are identified by the King County Health Department that require repair of the septic tank system; or; 2. The home changes ownership; or; 3. Remodeling occurs adding a bathroom or bedroom. B. Parcels within the Preliminary Plat of Tukwila South will be required to connect to the sanitary sewer system and pay in full associated sewer connection charges before issuance of the City of Tukwila’s building permit for the specific development. C. Change of ownership requires payment in full of the sewer connection fees. D. The Preliminary Plat of Tukwila South and Orillia Road sewer connection fees will start at $0.056530 per square foot of total property based on King County records and the Tukwila South Sewer Connection Fees as shown in Figure 14-7. E. Notice of sewer availability and connection requirements shall be placed on titles of properties within the Tukwila South Plat and Orillia Road sewer service area. King County recording fees will also be paid in full with the sewer connection fees. (Ord. 2441 §2, 2014) 14.19.020 Service Area Boundaries A. The sewer service boundary area is the north margin of South 204th Street; the area west of the Green River and Segale Business Park; the east margin of Orillia Road, Interstate I-5 and the City SeaTac; and the south margin of South 180th Street. A map of the parcels within the service area known as the Preliminary Plat of Tukwila South as shown in Figure 14-8. B. The Preliminary Plat of Tukwila South is dated June 2013, the King County Bow Lake Transfer Station, tax parcel 352304-9037 and tax parcel 023900-0300, 023900-0310, 023900-0247, 023900- 0365, and 023900-0320 along Orillia Road with the exception of Plat #7 of the Preliminary Plat of Tukwila South, tax parcel 023900-0310, and portions of that plat that are labeled Sensitive Area Tracts, Exceptions, Reserve Drainage Tracts, Open Space Tracts and Not Buildable Tracts, will have sanitary sewer system connection costs based on net area of 12,062,664 square feet of area that is tributary to the sanitary sewer system. (Ord. 2441 §3, 2014) 14.19.030 Funding Recovery Review The successful implementation of later phases of the sanitary sewer installation for the City is dependent on the repayment of sewer fund revenues from the sewer connection fees. The City Council will review connection requirements, exemptions and other revenue recovery alternatives to ensure the sewer plan remains viable and adequately funded. (Ord. 2441 §4, 2014) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–23 CHAPTER 14.20 COMPREHENSIVE SEWER PLAN Sections: 14.20.010 Adopted 14.20.020 Copies on File 14.20.010 Adopted “Exhibit 1” of the ordinance codified herein and described as the “Comprehensive Sewer Plan for the City of Tukwila, Washington, August, 1970” is incorporated by reference, and adopted and ordained as the comprehensive sewer plan for the City. (Ord. 646 §1, 1970) 14.20.020 Copies on File Not less than three copies of the comprehensive sewer plan have been and shall hereafter remain on file for use in examination by the public in the office of the City Clerk. (Ord. 646 §2, 1970) CHAPTER 14.24 FIRE HYDRANTS Sections: 14.24.010 Applicability of Provisions 14.24.020 Type 14.24.030 Installation 14.14.040 Coverage 14.24.050 Accessibility 14.24.060 Exceptions 14.24.070 Re-inspection Fees for New Construction, Tenant Improvements and Spot Inspections 14.24.080 Violations—Penalties 14.24.090 Appeals 14.24.010 Applicability of Provisions All fire hydrants installed within the corporate limits of the City of Tukwila shall meet or exceed the specifications and standards set out in TMC Chapter 14.24. (Ord. 1692 (part), 1994) 14.24.020 Type Hydrants shall conform to American Water Works Association Specifications C502-54; shall be compression type and shall have a two-piece breaking flange with breaking thimble at the ground line or stem; and shall have a self-oiling dry bonnet with factory- filled reservoir holding approximately 8 ounces of oil. Oil reservoir shall have not less than two “O” ring seals. Oil reservoir shall be so designed as to give a complete lubrication of stems each time the hydrant is operated. The upper stem shall have a brass sleeve. 1. Hydrants shall be equipped with two 2-1/2“ NST hose ports and one 5” Stortz pumper discharge port, and shall have a 1-1/4“ Pentagon open-lift operating nut. 2. Hydrants shall have a 6” MJ bottom connection and a 5-1/4“ main valve opening, and shall have 18“ above-grade level to the center of the pumper discharge port. 3. Hydrant color is to be “Rustoleum” #659 Yellow Gloss or Farwest #X-3472 Case Yellow. The bonnets and ports of City hydrants shall be painted: Red for up to 500 gpm Rustoleum #1210, Farwest #X-6270, or equivalent Orange for 500 to 1,000 gpm Rustoleum #559, Farwest #261, or equivalent Green for more than 1,000 gpm Rustoleum #935, Farwest #255, or equivalent TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–24 4. Private hydrants shall be all yellow. 5. Any exception to stated paint standards must be authorized by the Director of Public Works. 6. Hydrants are to be compression-type, equal to Mueller #A-423 or Mueller #A-419. (Ord. 2052 §1(part), 2004) 14.24.030 Installation A. Hydrants shall not be closer than 4 feet to any fixed object (e.g., fences, parking, building, etc.), with the exception of hydrant guard posts. The 4-foot circumference will be a level surface. Grade changes in excess of 30 inches shall have a 42-inch railing installed. Guard posts shall be installed around hydrants not protected by curbs, so as to help prevent motor vehicles from contacting the hydrant. The guard posts shall be either steel pipe (minimum 4” diameter) filled with concrete, or concrete (minimum 8“ diameter). Posts shall be 3 feet from the center of the hydrant, and shall not be in direct line with any discharge ports. Posts shall be 6 feet long; 3 to 3-1/2 feet shall be buried. Painted finish shall be the same color as for the applicable hydrants. B. All hydrants shall be installed with an auxiliary gate valve between the hydrant main valve and the water main. The gate valve shall be UL approved and have a 2” square operating nut. The valve shall be installed at the hydrant lateral tee. If the hydrant is greater than 10 feet from the main, an additional valve may be required, but not closer than 3 feet from the hydrant. The protector cover for the valve shall be left in plain view, flush with grade after landscaping or paving. C. Hydrants, auxiliary gate valves, and supply lines shall be installed to meet sound engineering standards per NFPA #24, Chapters 5, 6 and 7. (Ord. 2052 §1(part), 2004) 14.24.040 Coverage A. Except as otherwise provided herein for single-family short plat and individual single-family homes, all commercial, single-family subdivision and multi-family development, including approved conditional uses, shall have hydrants spaced so that a hydrant is no more than 150 feet by line of vehicular travel from a building and that no point around the perimeter of any building is more than 300 feet from a hydrant. Hydrants on water mains within the City shall be spaced no more than 300 feet apart. B. For short plat development (four single-family homes or less) and individual single-family homes that do not otherwise meet the 150-foot requirement of TMC 14.24.040A, hydrants shall be placed so that a hydrant is no more than 250 feet by line of vehicular travel to the nearest point of the building, provided that: 1. The property owner shall sign an agreement, on a form prepared by the Director of Public Works, which form shall include an agreement not to protest the formation of any LID or ULID, to participate in future water system improvements to correct deficiencies that have been identified in the applicable Water Comprehensive Plan and/or an engineering analysis of the development. Examples of deficiencies include, but are not limited to, failure to meet Tukwila pipe size standards, minimum flow rate (gpm) and residual pressure (psi) from DOH, fire code or insurance underwriters (whichever is more stringent), and flow velocity as determined by the applicable comprehensive plan (Water District No. 75, Water District No. 125, Renton, etc.) and engineering analysis; and 2. The hydrant flows a minimum of 1,000 gallons per minute with 20 psi residual pressure. C. When geographical or construction features prevent the placing of water mains and/or hydrants, the Fire Prevention Bureau may authorize in writing the use of approved “wall hydrants” or similar devices. (Ord. 2052 §1(part), 2004) 14.24.050 Accessibility A. Hydrants and guard posts shall be in plain view for a distance of 50 feet in the line of vehicular approach, free from shrubs, trees, fences, landscaping and similar obstruction. B. The 5” Stortz pumper discharge port shall face the street or, in the case of private hydrants, the direction shall be determined by the Fire Department. All hydrants shall have a Type 2 RPM blue raised pavement marker, reflective on two sides, located as approved by the Fire Marshall. C. Hydrant supply lines shall be of such size and design as to provide the fire flow required by Appendix B of the International Fire Code, Fire Flow Requirements for Buildings, and the City’s comprehensive water design standards. D. Tapping into City water mains shall be by the process known as “wet tapping” so as to allow un-interrupted service on those mains. (Ord. 2132 §1, 2006; Ord. 2052 §1(part), 2004) 14.24.060 Exceptions Any exceptions to items covered in TMC Chapter 14.24 shall be made in writing by the Chief of the Fire Department and the officer in charge of the Fire Prevention Bureau of the Tukwila Fire Department, and must conform to the City’s Public Works’ standards and/or the City’s Comprehensive Water Plan. Any written exception shall set forth the basis for the exception and its relationship to public health, safety or avoidance of undue hardship. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. (Ord. 2132 §2, 2006; Ord. 2052 §1(part), 2004) 14.24.070 Re-inspection Fees for New Construction, Tenant Improvements, and Spot Inspections When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow-up inspection will be required, and a re-inspection fee of $80 will be assessed. (Ord. 2169 §1, 2007; Ord. 2132 §3, 2006) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–25 14.24.080 Violations–Penalties Any person who shall violate any of the provisions of TMC Chapter 14.24, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 2132 §4, 2006) 14.24.090 Appeals Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal’s decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. (Ord. 2132 §5, 2006) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–26 CHAPTER 14.28 STORM AND SURFACE WATER UTILITY Sections: 14.28.010 Creation of Storm and Surface Water Utility 14.28.020 Administrator of Utility 14.28.030 Adoption of Storm and Surface Water Utility Plan 14.28.040 Property Transferred to Utility 14.28.050 Storm and Surface Water Utility Fund 14.28.060 Authority to Establish Rates and Charges 14.28.070 Limitation of Liability 14.28.080 Civil Penalties 14.28.010 Creation of Storm and Surface Water Utility A. There is created and established a storm and surface water utility of the City, which shall administer the City’s storm and surface water management program and shall be known as the “City of Tukwila, Washington Storm and Surface Water Utility (“the utility”). B. The City shall exercise, through the utility, where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water public utility created by TMC 14.28.010 as the same may hereafter be added to, bettered or extended within or without the present and future limits of the City; including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof, to purchase and condemn property on behalf of the utility, to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of storm and surface water facilities, and to alter and amend the plan adopted in TMC 14.28.030 as necessary to implement the policies of the City pertaining to storm and surface water. (SEE TMC CHAPTER 14.30.) (Ord. 1523 §1, 1989) 14.28.020 Administrator of Utility The Director of Public Works or that official designated by the Mayor shall be administrator of the utility and shall report directly to the Mayor. (Ord. 1523 §2, 1989) 14.28.030 Adoption of Storm and Surface Water Utility Plan The City Council hereby approves and adopts as the original system or plan of the storm and surface water utility that report entitled “City of Tukwila Storm and Surface Water Utility Plan” dated May 23, 1989, on file with the City Clerk and City engineer and incorporated in TMC Chapter 14.28 by this reference as though set forth herein. This original system or plan shall include all properties, interests, and physical and intangible rights of every kind or nature owned or held by the City, however acquired, insofar as they relate to or concern storm or surface water, further including without limitations all such properties, interests and rights acquired by adverse possession or by prescription, directly or through another, in and to the movement, drainage or storage, or any or all of these, of storm or surface waters, or both, through, under or over land, landforms, watercourses, sloughs, streams, ponds, lakes and swamps; all beginning, in each case or instance, at a point where storm or surface waters first enter the storm or surface water system of the City and ending in each case or instance at a point where such storm or surface waters exit from the storm or surface water system of the City, and in width to the full extent of inundation caused by storm or flood conditions. Such plan includes various improvements and betterments of the existing facilities and extensions thereof as are described therein. (Ord. 1523 §3, 1989) 14.28.040 Property Transferred to Utility The City Council expressly finds that the above-described system and plan of storm surface water properties, interests and physical intangible rights transferred to the utility is equal to the value of release from primary responsibility therefor insofar as it relates to or concerns storm or surface waters within the City; and accordingly, all of the above-mentioned facilities for purposes of RCW 43.09.210 are transferred to and subject to the administration of the utility created by TMC Chapter 14.28, and all other institutions and departments of the City having responsibility therefor are, to the same extent, released from such primary responsibility. (Ord. 1523 §4, 1989) 14.28.050 Storm and Surface Water Utility Fund A. There is created a fund which shall be known as the “storm and surface water utility fund.” All revenues, assessments and other charges collected by the utility, or otherwise received for storm and surface water purposes or attributable to the operation and maintenance of the utility, and all loans to or grants or funds received for its construction, improvement and operation, shall be deposited in the storm and surface water utility fund. All disbursements for costs of planning, construction, acquiring, maintaining, operating and improving the utility facilities, whether such facilities are natural, constructed or both, and administering the utility, shall be made from the storm and surface water utility fund. B. The City may create, at such time or times as it deems appropriate, any other funds necessary to the administration of the storm and surface water utility, and may designate the revenues to be placed therein and the purpose or purposes of such funds which may be the same as one, some or all of the purposes designated in TMC 14.28.050 as the purposes of the storm and surface water utility fund created herein, and such purposes shall then be transferred to such newly created fund. (Ord. 1523 §5, 1989) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–27 14.28.060 Authority to Establish Rates and Charges A. The City has authority to establish, by ordinance of the City Council, rate classifications, services charges, system development charges, inspection and permitting fees, application and connection fees and such other fees and charges necessary and sufficient in the opinion of the City Council to pay for the following: 1. The costs, including debt service and related financing expenses, of the construction, reconstruction and improvement of storm and surface water facilities necessary and required for the handling of storm and surface waters within the service area, but not presently in existence; 2. The operation, repair, maintenance, improvement, replacement and reconstruction of storm and surface water facilities within the service area which presently exist; 3. The purchase of a fee or lesser interest, including easements, in land which may be necessary for the storm and surface water system in the service area including, but not limited to, land necessary for the installation and construction of storm and surface water facilities and all other facilities, including retention and detention facilities, which are reasonably required for proper and adequate handling of storm and surface waters within the service area; 4. The costs of monitoring, inspection, enforcement and administration of the utility including, but not limited to, water quality surveillance, private maintenance inspection, construction inspection and other activities which are reasonably required for the proper and adequate implementation of the City’s storm and surface water policies; and 5. The construction and subsequent maintenance of those future facilities as required by the storm and surface water plan adopted in TMC 14.28.030, as it shall be amended from time to time. B. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the City, except to pay for the equitable share of the costs of accounting, management and government thereof incurred on behalf of the utility. (Ord. 1523 §6, 1989) 14.28.070 Limitation of Liability TMC Chapter 14.28, any storm and surface water code to be adopted by the City Council to implement TMC Chapter 14.28, and any guidelines, rules, standards, specifications, requirements, regulations and procedures established pursuant to any section of such code are intended to provide the authority and processes to achieve cost-effective storm and surface water management in normal conditions, including periods and events of precipitation common to the Tukwila area. No City liability shall be inferred, implied or interpreted by the adoption and application of TMC Chapter 14.28, for damages which result from existing conditions or which occur subsequent to the date of the ordinance codified in TMC Chapter 14.28 during that period of time necessary for the City to study the storm and surface water system of the City, to diagnose the storm and surface water problems of the City, and to appropriate funds to alter the existing conditions in order to remedy certain storm and surface water problems as and in the order that the City determines to be most critical to the health and safety of the residents of the City as funds become available to remedy these problems. There shall be no liability associated with the utility’s approval of any privately constructed portion of the storm and surface water system and/or privately maintained portion of the storm and surface water system, unless the City accepts the same as part of its publicly owned and/or maintained system. (Ord. 1523 §7, 1989) 14.28.080 Civil Penalties A. The violation of or failure to comply with any order or requirement made in accordance with the provisions of TMC Chapter 14.28 is a civil violation. The provisions of TMC Chapter 8.45 shall be used to enforce TMC Chapter 14.28. B. It shall not be a defense to the prosecution for failure to obtain a permit required for TMC Chapter 14.28 that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work erroneously believed a permit had been issued to the property owner or any other person. (Ord. 1755 §4 (part), 1995) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–28 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 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. 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 pollutants to the stormwater drainage system, suspected illicit discharges, and illicit connections in the City of Tukwila. C. 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 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 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 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 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. (Ord. 2675 §4, 2022) 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 development activities that could affect stormwater and non-stormwater discharges 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. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–29 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. Regulate the 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 ensure 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. 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. (Ord. 2675 §5, 2022) 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. 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 thereof, which because of its quantity, concentration or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–30 property or the environment when 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 without a permit, excluding roof drains or other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, and inlets or outlets that are connected directly to the stormwater drainage system. 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. 21. “National Pollutant Discharge Elimination System Stormwater Discharge Permit” means a permit issued by the Washington Department of Ecology under the authority delegated pursuant to 33 U.S.C. §1342(b) (Clean Water Act) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general 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” 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 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 aquatic life. 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 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, but flows 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. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–31 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. “Surface flow” means flow that travels overland in a dispersed manner (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, 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. 40. “Surface water plan” means a set of drawings and documents submitted as prerequisite 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. (Ord. 2675 §6, 2022) 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 discharges other than stormwater entering the stormwater drainage system generated on any developed and undeveloped lands lying within the City of Tukwila. (Ord. 2675 §7, 2022) 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 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 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 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. (Ord. 2675 §8, 2022) 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. 2. The 2021 King County Surface Water Design Manual, attached hereto1 as “Exhibit A,” 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 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.. 4. The 2021 King County Stormwater Pollution Prevention Manual, attached hereto2 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.” 1 City Clerk’s Note: Attachments are not included in the Tukwila Municipal Code. Exhibit A can be found in the Digital Records Center under Ord. 2675. 2. City Clerk’s Note: Attachments are not included in the Tukwila Municipal Code. Exhibit B can be found in the Digital Records Center under Ord. 2675. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–32 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. 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: 1. See Figure 14-4 relating to Tukwila Terminology Equivalents to 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. (Ord. 2675 §9, 2022) 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 without approval 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. (Ord. 2675 §10, 2022) 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.” (Ord. 2675 §11, 2022) 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 surface water 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. (Ord. 2675 §12, 2022) 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 regular working hours and 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. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–33 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 inspect the stormwater drainage system without obtaining a search warrant as provided for in TMC Section 14.30.090.B.4, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. 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. (Ord. 2675 §13, 2022) 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. (Ord. 2675 §14, 2022) 14.30.110 Maintenance Covenant Required for Stormwater Flow Control and Water Quality Treatment Facilities A. Prior to the issuance of any permit for 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 frequency for 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 Public Works Department. 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 covenant shall 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. (Ord. 2675 §15, 2022) 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. (Ord. 2675 §16, 2022) 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. (Ord. 2675 §17, 2022) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–34 14.30.140 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 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. (Ord. 2675 §18, 2022) 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 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. (Ord. 2675 §19, 2022) 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 permanent stormwater control facilities and shall not be fully released without final inspection and approval of completed work by the City. C. For developments that may involve a risk of property damages or possible hazards, the Public Works Director may require the provision of financial guarantee (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such financial guarantees are required: 1. Such bond or other proof of financial guarantee shall not exceed 150% of the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard; provided that, in the case of surface water activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required financial guarantee shall be equal to City 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 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 public or private property arising from the activities for which the financial guarantee was required. (Ord. 2675 §20, 2022) 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 where the minimum amounts are deemed insufficient to cover possible risks. 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 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. (Ord. 2675 §21, 2022) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–35 14.30.180 Discharge Prohibitions A. Prohibition of Illicit Discharges. 1. No person shall throw, drain or otherwise discharge or cause or allow others under its control to throw, drain, or otherwise discharge directly or indirectly into the stormwater drainage system and/or surface and groundwaters any materials other than stormwater. 2. Examples of prohibited contaminants include, but are not limited to, the following: a. Trash or debris. b. Construction materials. c. Petroleum products, including but not 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. l. Pesticides, herbicides or fertilizers. m. Steam cleaning wastes. n. Soaps, detergents or ammonia. o. Swimming pool or spa filter backwash. p. Chlorine, bromine or other disinfectants. q. Heated water. r. Domestic animal waste. s. Sewage. t. Recreational vehicle waste. u. Animal carcasses. v. Food waste. w. Bark and other fibrous materials. x. Lawn clippings, leaves or branches. y. Silt, sediment, concrete, cement, or gravel. z. Chemicals not normally found in uncontaminated water. aa. Any other process-associated discharge, except as otherwise allowed in 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. (Ord. 2675 §22, 2022) 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 surface water or groundwater: 1. Diverted stream flows. 2. Rising groundwaters. 3. Uncontaminated groundwater infiltration, as defined in 40 Code of Federal Regulations (CFR) 35.2005(20). 4. Uncontaminated pumped groundwater. 5. Foundation drains. 6. Air conditioning condensation. 7. Irrigation water from agricultural sources that is comingled with urban stormwater. 8. Springs. 9. Water from crawl space pumps. 10. Footing drains. 11. Flows from riparian habitats and wetlands. 12. Discharges from emergency fire fighting activities (Ord. 2675 §23, 2022) 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 or is likely to cause pollution of surface water or groundwater: 1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de-chlorinated to a concentration of 0.1 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 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. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–36 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. (Ord. 2675 §24, 2022) 14.30.210 Best Management Practices A. Operational Source Control BMPs. All activities with the potential to release pollutants directly or indirectly 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. (Ord. 2675 §25, 2022) 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. (Ord. 2675 §26, 2022) 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. The 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 not to 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. 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 any time 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 pursuant to 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 any time 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 Chapter 8.45. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 2675 §27, 2022) 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 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. (Ord. 2675 §28, 2022) 14.30.250 Appeals The appeals process for/by any person aggrieved by the action of the City is provided under TMC Chapter 8.45, “Enforcement.” (Ord. 2675 §29, 2022) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–37 CHAPTER 14.31 ILLICIT DISCHARGE DETECTION AND ELIMINATION Sections: 14.31.010 Purpose 14.31.020 Definitions 14.31.030 Applicability 14.31.040 Responsibility for Administration 14.31.050 Discharge Prohibitions 14.31.060 Allowable Discharges 14.31.070 Conditional Discharges 14.31.080 Enforcement This Chapter was repealed by Ordinance 2675, June 2022. CHAPTER 14.32 STORM AND SURFACE WATER RATES AND CHARGES Sections: 14.32.010 Purpose 14.32.020 Definitions 14.32.030 Utility Rates and Service Charges 14.32.040 Special Rates 14.32.050 Service Charge Adjustments 14.32.060 Billing and Collecting 14.32.070 Service Charge Revenues 14.32.010 Purpose A. The purpose of this chapter is to provide for revenue to construct, reconstruct, replace, improve, operate, repair, maintain, manage, administer, inspect, enforce facilities and activities for the storm and surface water utility plan and utility. B. This chapter creates a system of rates and charges pursuant to RCW 35.67 for the storm and surface water utility. (Ord. 1932 §1 (part), 2000) 14.32.020 Definitions The following words, when used in TMC Chapter 14.32 shall have the meaning identified below: 1. “Billing year” means the calendar year in which bills are sent. 2. “Developed Surface” means those surfaces which have altered the natural infiltration or runoff patterns that are characteristic of natural land as it existed prior to development and are not green and growing, landscaped, or submerged. Such surfaces shall include hard surfaces that prevent or retard the entry of water into the soil; to include, but not limited to: roof tops, asphalt or concrete paving, driveways, parking lots, patio areas, storage areas, or other compacted surfaces. Such surfaces shall further include porous surfaces which may accelerate the infiltration or transfer of surface or ground water; to include, but not limited to: infiltration pits, piles of rock or quarry spalls, constructed surface water drainage channels, or similar surfaces. 3. “Natural land” means parcels that have not been disturbed from their natural state in the last 25 years. 100% of the parcel must be natural land for the parcel to be classified as natural land. 4. “Parcel” means the smallest separately segregated unit or plot of land having an identified owner(s), boundaries, and area as defined by the King County assessor and recorded in the King County assessor’s real property file or in the King County assessor’s maps. TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–38 5. “Percent developed surface” means the quotient of the total area of developed surface on a parcel divided by the total area of the parcel. For purposes of determining the rate category, the resulting percentage shall be rounded to the nearest whole percent. 6. “Undeveloped surface” means any surface area that is green, growing, or landscaped and supporting vegetation and shall include land which is totally submerged. 7. “Property owner of record” means the person or persons recorded by the county assessor to be the owner(s) of property and/or to whom property tax statements are directed. 8. “Rate category” means the classification of properties, based upon the estimated percentage of developed surface on the parcel, for purposes of establishing Utility Service Charges. 9. “Service charge” means that charge imposed on all parcels within the City by the storm and surface water utility, and shall be the rate category to which the parcel is assigned multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (1/10th of one acre). 10. “Single-family residential parcel” shall mean any parcel which contains one, two or three single-family units. A “duplex” is equal to two single-family units. A “triplex” is equal to three single-family units. 11. “Utility” means the City storm and surface water management utility. (Ord. 1932 §1 (part), 2000) 14.32.030 Utility Rates and Service Charges A. A utility rate and service charge is imposed on every parcel within the City and the owner(s) thereof. This includes but is not limited to parcels owned by the City, by the State, by the County, and all other parcels. B. The rate category established herein shall be based upon the contribution of surface and storm water from a parcel to the system. The amount of contribution to the system shall be measured by the estimated percentage of developed surface area on the parcel. The service charge imposed on each parcel shall be equal to the rate category into which the parcel fits multiplied times the total area of the parcel rounded to the nearest 4,356 square feet (1/10 of one acre). Single-family residential parcels are grouped together into one rate category and will pay one service charge per parcel. This rate category and service charge is determined by estimating the average developed percent surface and the average total area of all single-family parcels in the City. C. Utility rate categories and annual service charges shall be charged in accordance with the fee schedule to be adopted by motion or resolution of the Tukwila City Council. D. Pursuant to RCW 90.03.525, all parcels within a limited access highway owned by the State Department of Transportation shall be subject to service charges that are equal to 30% of that which would result if the service charges were calculated according to section 14.32.030C of the Tukwila Municipal Code. E. Each annual bill will be rounded up to the nearest number of cents. The minimum annual service charge shall be equal to the annual charge for a 4,356 square foot parcel in the lowest rate category (1, Natural). (Ord. 2104 §1, 2005; Ord. 1932 §1 (part), 2000) 14.32.040 Special Rates The charge for a residential parcel that is owned by and is the personal residence of a person or persons determined by the King County Assessor as qualified for a low income senior citizen rate adjustment or a low income disabled citizen rate adjustment pursuant to RCW 84.36.381, or as the same may hereafter be amended, shall be 50% of the residential rate set forth in TMC Section 14.32.030. (Ord. 2594 §1, 2018; Ord. 2104 §2, 2005; Ord. 1932 §1 (part), 2000) 14.32.050 Service Charge Adjustments A. Any person receiving a utility service charge may apply in writing to the Director of Public Works of the City of Tukwila for a service charge adjustment. Filing such a request does not extend the period for payment of the charge. Requests for adjustments on delinquent accounts will not be acted upon until paid in full. B. A request for a billing adjustment may be based on one or more of the following: 1. The total area of the non-single-family residential parcel is incorrect; 2. The percent of developed surface on the non-single- family residential parcel(s) for the billing year for which the service charge is imposed is incorrect and the actual percent of developed surface on the parcel places it in a rate category different than that used for calculation of the service charge; 3. The parcel or portion of it is outside the City and the service charge is calculated on that portion outside the City; 4. The service charge calculated is erroneous in applying the terms of this chapter. C. Application for adjustments may be made to the Director of Public Works of the City of Tukwila. The burden of proof shall be on the applicant to show that the rate adjustment sought should be granted. All decisions of the Director of Public Works shall be final. D. Applications for service charge adjustments shall be filed within 90 days of the billing date. E. The Director of Public Works of the City of Tukwila shall establish processes and procedures for reviewing requests for adjustments. (Ord. 2594 §2, 2018; Ord. 1932 §1 (part), 2000) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–39 14.32.060 Billing and Collecting A. Pursuant to an interagency agreement, King County is designated as the City’s agent for the purpose of billing and collecting storm and surface water service charges from City property owners and disbursing funds to the City. A copy of the interagency agreement shall be available in the office of the City Clerk for use and examination by the public. All parcels subject to a service charge shall be billed annually based upon the rate category and acreage applicable to such parcels as of August 1 of the year prior to the billing year. B. For all parcels, except those owned by the City, condominium complexes or the Washington State Department of Transportation for public highways, roads and rights-of-way, the service charge shall be included on the annual King County Property Tax Statement, which shall be sent in the manner established by state law and county ordinance. One-half of the total annual service charge applicable to the parcel shall be due on April 30 and the other half shall be due on October 31, consistent with the due date of the King County Property Tax bill. Any payment not received by the due date shall be considered delinquent. C. For parcels owned by the City; condominium complexes; or those of the Washington State Department of Transportation for public highways, roads and rights-of-way, bills shall be sent to the property owners by the City in January of each year and shall be due in full within 60 days of the date of the bill. After that period the bill shall be considered delinquent. D. Property owners shall be responsible for all bills not paid. The City may pursue collection of any delinquent bills outstanding on January 1, 2019. King County, as the City’s agent, shall pursue collection of any bills that become delinquent after January 1, 2019. E. The service charge or any part thereof which becomes delinquent shall bear interest as provided in RCW 35.67.200 at the rate of 8% per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. F. The City shall have a lien for all delinquent and unpaid service charges, including interest thereon, against any parcel for which the service charges are delinquent, as provided by RCW 35.67.200. The current charges imposed by the King County Records and Elections Division shall be charged to all liened parcels to recover the cost of placing and removing the lien on the parcel. Pursuant to RCW 35.67.215, the lien is effective for up to one year’s delinquent service charges without the necessity of any writing or recording of the lien with the King County Records and Elections Division. In the case of foreclosure actions to collect delinquencies, the City shall seek also to collect reimbursement of reasonable costs of collection including, but not limited to, attorney’s fees, staff time and filing fees. (Ord. 2594 §3, 2018; Ord. 2104 §3, 2005; Ord. 1932 §1 (part), 2000) 14.32.070 Service Charge Revenues All moneys obtained by the City pursuant to TMC Chapter 14.32 shall be credited and deposited in the storm and surface water management utility fund created by TMC Chapter 14.28. Moneys so obtained shall be spent for the purposes allowed in that chapter. (Ord. 2594 §4, 2018; Ord. 1932 §1 (part), 2000) TITLE 14 – WATER AND SEWERS Produced by the City of Tukwila, City Clerk’s Office Page 14–40 CHAPTER 14.36 UTILITY CONCURRENCY STANDARDS Sections: 14.36.010 Water Supply – Concurrency Determination 14.36.020 Sewer System – Concurrency Determination 14.36.030 Mitigation 14.36.040 Appeals 14.36.010 Water Supply – Concurrency Determination A. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply and or water for fire flow purposes shall obtain a certificate of water availability from the water purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the water purveyor has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. B. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic water supply from the City of Tukwila shall be referred by the Department of Community Development to the Department of Public Works, which shall determine whether the City has the necessary water rights and the water system capacity, including such water mains, pump stations and other facilities as may be necessary, to provide domestic water service and fire flow meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect combustible construction, whichever is earlier. If adequate service is not available, the Department of Public Works shall determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. (Ord. 1769 §2 (part), 1996) 14.36.020 Sewer System – Concurrency Determina- tion All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic sanitary sewer service shall comply with one of the following: 1. Submit proof that the applicant has received approval for an on-site sewage system design from the Seattle- King County Department of Environmental Health in accordance with the rules and regulations of the King County Board of Health. 2. Obtain a certificate of sewer availability from the sewer purveyor serving the area in which the proposal is located, if the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that the sewer purveyor has the necessary sewer system capacity, including such sewer mains, pump stations and other facilities as may be necessary, to provide sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. 3. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will require sanitary sewer service from the City of Tukwila shall be referred by the Department of Community Development to the Department of Public Works, which shall determine whether the City has the necessary sewer system capacity, including such mains, pump stations and other facilities as may be necessary, to provide sanitary sewer service meeting City standards or that such capacity will be available by the time a certificate of occupancy is issued. If adequate service is not available, the Department of Public Works shall determine and shall advise the applicant of the improvements which are necessary to provide service meeting City standards. (Ord. 1769 §2 (part), 1996) 14.36.030 Mitigation A. If water or sewer service to a project requiring such service from the City of Tukwila cannot meet City standards with existing facilities, the applicant shall be required to either: 1. complete the improvements required to provide such level of service; or 2. if the City anticipates that the improvements necessary to meet the City’s water and sewer standards will be constructed within six years by a public capital facilities project, the applicant may pay a mitigation payment equal to the applicant’s fair share of the cost of the improvements necessary to meet the City’s water and sewer standards ; or 3. In appropriate cases, mitigation may consist of a combination of improvements constructed by the applicant and mitigation payments. B. In the event that the applicant agrees to complete improvements pursuant to TMC 14.36.030A.1, the applicant shall be entitled to apply to enter into a Latecomer Agreement with the City. (Ord. 1769 §2 (part), 1996) 14.36.040 Appeals Any party seeking to appeal a mitigation requirement imposed by a City administrator under TMC Chapter 14.36 may file an appeal of a Type 1 decision as provided in TMC 18.104.010(B) and TMC 18.108.010(B). (Ord. 1847 §6, 1998) Revised Dec. 2016 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. DDES1 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 Department. 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. Figure 14-5 Tukwila Municipal Code Equivalent to King County Code1 King County Code (KCC) Description Tukwila Municipal Code (TMC) Description 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. Revised Dec. 2016 Figure 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 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 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. 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 Comprehe nsive 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. Revised Dec. 2016 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 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. Tukwila South Sewer Connection Fees Area Tributary to the Sewer System based on the Preliminary Plat Map Figure 14-7 Figure 14-8 5/28/2014 Installation of the Sewer System minus Grants Total Area Tributary to the Sewer System (sq. ft.) Cost per Square Foot $681,904.14 12,062,664 $0.056530 Design $ Construction Mgmt Construction Total Sewer $ 59,416.80 91,950.62 2,374,203.48 2,525,570.90 Lot Number #7 not included as it can connect to existing sewer. Lot Number #105 not included due to lot size. Less Grants (73%)$ 63 parcels x$200 KCRecording $ 681,904.14 12,600.00 694,504.14 Lot AREA AREA Percent Sewer Reference Only of Adjoining Additional Parcel Number (Square Feet) (Acres)of Total Area Connection Fee Parcel Numbers Numbers 1 40,142 0.92 . 0.003327789 $2,669.23 3523049038 3523049008 2 186,049 4.27 0.015423542 $10,917.38 3523049025 3523049009 3 158,037 3.63 0.013101335 $9,133.85 3523049032 4 335,971 7.71 0.02785214 $19,192.49 3523049118 5 144,011 3.31 0.011938574 $8,340.96 3523049015 6 112,996 2.59 0.009367417 $6,587.68 3523049027 7 0 0.00 0 $200.00 310,716 3523049036 8 71,429 1.64 0.005921471 $4,237.88 3523049116 9 323,645 7.43 0.02683031 $18,495.70 3523049017 10 230,637 5.29 0.019119907 $13,237.94 3523049041 11 178,101 4.09 0.01476465 $10,268.08 3523049117 12 219,571 5.04 0.01820253 $12,612.38 3523049013 13 213,166 4.89 0.017671553 $12,250.31 0222049033 14 192,232 4.41 0.015936115 $11,066.90 3523049013 15 248,319 5.70 0.020585752 $14,237.51 0222049008 16 293,127 6.73 0.024300354 $16,770.51 0222049037 17 271,250 6.23 0.022486742 $15,533.80 0222049040 18 324,473 7.45 0.026898951 $18,542.51 0222049043 19 349,001 8.01 0.028932333 $19,929.08 0222049057 20 322,937 7.41 0.026771616 $18,455.68 0222049061 21 477,529 10.96 0.039587359 $27,194.78 0222049011 ~'22 393,093 9.02 0.032587579 $22,421.60 0222049015 23 505,132 11.60 0.04187566 $28,755.19 0322049049 24 289,626 6.65 0.02401012 $16,572.60 3523049124 25 226,576 5.20 0.018783248 $13,008.37 3523049039 26 73,558 1.69 0.00609799 $4,358.24 0322049092 27 96,008 2.20 0.007959104 $5,627.35 0322049093 28 97,651 2.24 0.00809531 $5,720.23 0322049052 29 82,078 1.88 0.006804302 $4,839.88 0322049062 30 88,991 2.04 0.007377392 $5,230.67 0322049056 31 501,134 11.50 0.041544224 $28,529.18 0322049006 32 173,621 3.99 0.014393256 $10,014.82 0222049036 33 122,299 2.81 0.01013864 $7,113.58 0322049090 34 130,953 3.01 0.01085606 $7,602.79 0322049100 35 116,946 2.68 0.009694874 $6,810.97 0239000352 36 358,928 8.24 0.029755286 $20,490.25 0222049036 37 904,596 20.77 0.074991397 $51,336.94 0322049047 38 180,593 4.15 0.014971237 $10,408.95 3523049045 39 339,873 7.80 0.028175618 $19,413.07 0323049068 40 282,045 6.47 0.023381652 $16,344.05 3523049050 3523049049 41 170,722 3.92 0.014152927 $10,050.94 3523049034 3523049051 42 218,906 5.03 0.018147402 $12,774.79 3523049040 3523049033 43 28,132 0.65 0.002332176 $1,990.32 3523049090 3523049019 44 246,379 5.66 0.020424925 $14,127.84 3523049109 45 60,778 1.40 _£0:,005038522 $3,835.79 3623049078 3523049065 46 69,579 1.60 -1'0~005768129 $4,333.31 3523049016 3523049066 47 121,674 2.79 0.010086827 $7,078.25 0322049106 PARCELB 45,604 1.05 0.003780632 $2,778.03 CITYOFTUKWILA3523049038 PARCELC 147,231 3.38 0.012205525 $8,523.00 CITYOFTUKWILA3523049008 100 873,082 20.04 0.072378873 $49,355.45 352304-9037 KCTransfer Station Paid 101 79,385 1.82 0.006581051 $4,887.65 023900-0365 COLUCCIO 0322049067 102 204,767 4.70 0.016975272 $11,975.51 023900-0320 COLUCCIO 0322049005 103 94,200 2.16 0.007809221 $5,525.14 023900-0247 THOMPSON 104 45,900 1.05 0.00380513 $2,794.73 023900-0300 KOYAMOATSU 105 0 $-023900-0310 LAPIANTALLC 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 2 2 1 2 2 1 1 1 2 2 1 1 12,062,664 276.92 100%$694,504.14 63 W:\PW Eng\PROJECTS\A. RW &RS Projects\Southeenter Pkwy Extension (57th Ave 5) {984104371\Sewer Connections\Tukwila South Sewer Connection Fees Spreadsheet 5-28-14.)(15X