13.40.120 Post-construction inspection and maintenance requirements.
Inspection and maintenance of stormwater facilities and operational and structural source control BMPs at businesses/sites shall be performed in accordance with the stormwater manual.
A. Stormwater Maintenance and Inspection Standards. Stormwater facilities shall be inspected and maintained per the requirements of the stormwater manual. For systems which do not have a maintenance standard, the owner shall develop a standard based on guidelines from the manufacturer, designer, or a registered professional engineer and submit the standards to the director for approval. Operational and structural source control BMPs shall be maintained per the requirements of Volume IV of the stormwater manual. The purpose of the maintenance standard is to determine if maintenance is required. The maintenance standard is not a measure of the facility’s required condition at all times between inspections. Exceeding the maintenance standard between inspections is not a violation of this chapter.
B. Ownership. Stormwater facilities are either privately or publicly owned. All stormwater facilities that serve commercial sites, industrial sites, and homeowner’s associations or similar are privately owned.
1. It is the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of maintenance in a manner subject to the approval of the public works department or in accordance with the stormwater manual. Such arrangements shall be completed and approved prior to the end of the initial two-year maintenance period.
C. Inspection and Maintenance Responsibilities.
1. All stormwater facilities or controls shall be regularly inspected to ensure proper operation as required in the stormwater manual. The owner shall maintain a copy of the stormwater operations and maintenance manual consistent with the provisions in Volume V of the stormwater manual for all stormwater facilities and BMPs. For private facilities, a copy of the operation and maintenance manual shall be retained on site or within reasonable access to the site, and shall be transferred with the property to the new owner. For public facilities, a copy of the manual shall be retained in the appropriate department. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection.
2. When an inspection identifies an exceedance of the maintenance standard, maintenance shall be performed:
a. Within one year for typical maintenance of facilities, except catch basins.
b. Within six months for catch basins.
c. Within two years for maintenance that requires capital construction of less than $25,000.
3. Operational and structural source control BMPs are also required to be repaired and/or brought up to applicable standards by the property owner or the person responsible for the business/site.
D. Disposal of Waste From Maintenance Activities. Disposal of waste from maintenance activities shall be conducted in accordance with the minimum functional standards for solid waste handling, Chapter 173-304 WAC, guidelines for disposal of waste materials from stormwater maintenance activities, and where appropriate, the dangerous waste regulations, Chapter 173-303 WAC.
E. City Inspection of Private Stormwater Facilities. The city shall have the authority to periodically inspect privately owned stormwater facilities for compliance with this chapter.
F. City Inspection of Existing Businesses/Sites. The city shall have the authority to periodically inspect private businesses and sites for compliance with Minimum Requirement No. 3 (Source Control of Pollution).
G. Right of Entry. An authorized representative of the city may enter private property at all reasonable times to conduct inspections, tests or to carry out other duties imposed by a state or federal program; provided, that the city makes a good faith effort to notify the property owner or person responsible for the premises prior to entering and presents proper credentials to that person. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure entry, including, but not limited to, obtaining an administrative warrant for entry. (Ord. 3443 § 1, 2023; Ord. 2833 § 2, 2010)