Ord 99-352
ORDINANCE NO. 99-352
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, REPEALING
CHAPTER 21 OF THE FEDERAL WAY CITY CODE AND
ADOPTING A NEW SURFACE AND STORM WATER
MANAGEMENT CODE AS CHAPTER 21 OF THE
FEDERAL WAY CITY CODE
WHEREAS, Chapter 21 of the Federal Way City Code sets forth
requirements pertaining to surface and storm water management; and
WHEREAS, Chapter 21 was adopted in February, 1990, at the time of
the City's incorporation; and
WHEREAS, following the adoption of Chapter 21, the Washington
Legislature adopted RCW 90.70, et seq.; and
WHEREAS, RCW 90.70 created the Puget Sound Water Quality Authority
and required the Authority to adopt a water quality management plan which,
among
other
things,
includes
recommendations
for
implementation
mechanisms to be used by state and local goyemment agencies; arid
WHEREAS, RCW 90.70.070 requires local governments to evaluate and
incorporate as applicable, subject to the ayailability of appropriated funds or
other funding sources, the provisions of the water quality management plan,
including any guidelines, standards, and timetables contained in it; and
WHEREAS, the Authority's water quality management plan directs the
Department of Ecology to prepare a Model Storm Water Management
ORD # 99-352, Page-l
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ORIGINAL
Ordinance and associated guidance documents, to assist local goyernments in
complying with the requirements of RCW 90.70.070; and
WHEREAS, the Department of Ecology has prepared a Model Storm
Water Management Ordinance, and associated guidance documents; and
WHEREAS, to comply with the requirements of RCW 90.70.070, the City
wishes to adopt changes to the Federal Way City Code that implement and are
consistent with Ecology's Model Ordinance and technical guidance; and
WHEREAS, the Department of Ecology has reviewed the amendments
contained herein, and approved them as being consistent with Ecology's Model
Ordinance and the Authority's water quality management plan; and
WHEREAS, the Federal Way SEPA Responsible Official issued a Notice of
Adoption on June 24, 1998, adopting the Determinations of Nonsignificance
previously issued by the State and King County, respectively, for Ecology's
Model Ordinance and King County's Surface Water Design Manual; and
WHEREAS, on October 18, 1999, the City Council Land Use and
Transportation Committee considered the amendments contained herein,
accepted public comment on them, and recommended that they be forwarded
to the full City Council for fIrst reading;
NOW, THEREFORE, THE CITI COUNCIL OF THE CITI OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORD # 99-352, Page -2
Section 1. Findings of Fact. The Federal Way City Council hereby finds that:
A. Stormwater pollution is a problem associated with land utilization
and deyelopment and the common occurrence of potential pollutants
such as pesticides, fertilizers, petroleum products, pet wastes and
numerous others.
B. Land utilization and deyelopment is also known to increase both the
volume and duration of peak flows. The resulting erosion, scouring, and
deposition of sediment affect the ecological balance in streaJIls.
C. Sedimentation and stormwater pollution cause diversity of species to
decrease and allows more tolerant (and usually less desirable) species to
remain.
D. Stonnwater pollution can cause or contribute to closures of shellfish
beds and swimming beaches and other restrictions on public use of the
waters within the City.
E. An expanding population and increased deyelopment of land have
led to:
Water quality degradation through discharge of nutrients, metals,
oil and grease, toxic materials, and other detrimental substances
including, without limitation, insect and weed control
compounds.
Drainage and storm and surface water runoff problems within the
City.
Safety hazards to both lives and property posed by uncontrolled
water runoff on streets and highways.
F. Continuation of present stormwater management practices, to the
extent that they exist, will lead to water quality degradation, erosion,
property damage, and endanger the health and safety of the
inhabitants of the City.
G. In the future such problems and dangers will be reduced or avoided
if existing properties and future deyelopers, both private and public,
provide for stormwater quality and quantity controls.
H. Stormwater quality and quantity controls can be achieved when
land is developed or redeveloped by implementing appropriate best
management practices (BMPs).
I. Best management practices can be expected to perform as intended
only when properly designed, constructed and maintained.
J. Stormwater facilities are a common feature of urban development.
ORD # 99-352, Page -3
K. In order to function properly so that they perfonn as designed to
prevent or remove pollution and/or to reduce flooding, stonnwater facilities
must be regularly inspected and maintained.
L. If not adequately maintained, stonnwater facilities can become sources
of pollutants to surface water and groundwater.
M. If not adequately maintained, stonnwater facilities could fail and cause
considerable damage to the public.
N.
The City Council finds that this ordinance is necessary in order to:
Minimize or eliminate water quality degradation.
Preyent erosion and sedimentation in creeks, streams, ponds,
lakes and other water bodies.
Protect property owners adjacent to existing and developing lands
from increased runoff rates which could cause erosion of abutting
property.
Preserve and enhance the suitability of waters for contact
recreation, fishing, and other beneficial uses.
Preserve and enhance the aesthetic quality and biotic integrity of
the water.
Promote sound deyelopment policies which respect and preserve
City surface water, ground water and sediment.
Ensure the safety of City roads and rights-of-way.
Decrease stonnwater-related damage to public and private
property from existing and future runoff.
Protect the health, safety and welfare of the inhabitants ~f the
City.
Ensure maintenance of all stonnwater facilities within the City by
setting minimum standards for the inspection and maintenance of
stonnwater facilities
Comply with Washington State Department of Ecology (Ecology)
and Puget Sound Water Quality Action Team (fonnerly Puget
Sound Water Quality Authority) regulations and requirements for
local govemments
Prevent contamination and/or degradation of the local drinking
water supply, surface water, ground water and/or wildlife habitat
ORD # 99-352, Page -4
Section 2.
Repealer.
Chapter 21 of the Federal Way City Code is
hereby repealed in its entirety.
Section 3. Amendment. The following amendments are adopted as a
new Chapter 21 of the Federal Way City Code:
Article I. General
Section 21-1. Definitions. When used in this chapter, the following
words, terms and phrases shall have the meanings ascribed to them in this
section:
Abate means to repair, replace, remove, destroy, or otherwise remedy a condition
which constitutes a civil violation by such means, in such a manner, and to such an
extent as the Director determines is necessary in the interest of the general health,
safety, and welfare of the community.
Adjustment means a department approved variation in the application of the
requirements of this ordinance and the King County Surface Water Design Manual and
Federal Way Addendum to a particular project.
AKART is an acronym for "all known, ayailable, and reasonable methods of
prevention, control, and treatment." AKART shall represent the most current
methodology that can be reasonably required for preventing, controlling, or abating
the pollutants associated with a discharge. The concept of AKART applies to both
point and nonpoint sources of pollution.
Applicant means a property owner or a public agency or public or priyate utility which
owns a right-of-way or other easement or has been adjudicated the right to such an
easement, or any person or entity designated or named in writing by the property or
easement owner to be the applicant, in an application for a deyelopment proposal,
permit, or approval.
Approval means the proposed work or completed work conforms to this Chapter in the
opinion of the Public Works Director.
Aquifier means a geologic stratum containing groundwater that can be withdrawn and
used for human purposes.
Background conditions means the biological, chemical, and physical conditions of a
water body outside the area of influence of the discharge under consideration.
Background sampling locations in an enforcement action would be up gradient or
outside the area of influence of the discharge. If several discharges to any water body
exist, and enforcement action is being taken for possible violations to the standards,
background sampling would be undertaken immediately up gradient from each
discharge. When assessing background conditions in the headwaters of a disturbed
ORD # 99-352, Page -5
watershed, it may be necessary to use the background conditions of a neighboring or
similar watershed as the reference conditions.
Base flood means the flood having a one percent chance of being equaled or exceeded in
any given year; also referred to as the" 1O0-year flood." The base flood is determined for
future flow conditions.
Basin means any area draining to a point of interest.
Basin plan means a plan and all implementing regulations and procedures including
but not limited to capital projects, public education activities, land use management
regulations adopted by ordinance for managing surface and storm water management
facilities and features within individual sub-basins.
Benn means a constructed barrier of compacted earth.
Best Management Practices (BMP) means those practices which provide the best
available and reasonable physical, structural, managerial, or behavioral activity to
reduce or eliminate pollutant loads and/or concentrations leaving the site.
Blanket adjustment means an adjustment established by the City that can be applied
routinely or globally to all projects where appropriate. Blanket adjustments are
usually based on a preYiously approved adjustment and can be used to effect minor
changes or corrections to the design requirements of the King County Surface Water
Design Manual, and Federal Way Addendum or to add new designs and methodologies
to that manual.
BMP Manual means the King County "Stormwater Pollution Control Manual" (and
supporting documents as appropriate) describing best management practices, design,
maintenance, procedures, and guidance.
Change of use shall be determined to have occurred when it is found that the general
character of the operation has been modified.
Channel means a long, narrow excayation or surface feature that conveys surface
water and is open to the air.
Chapter means Chapter 21 of the Federal Way City Code, and any administrative
rules and regulations adopted to implement it.
Clearing means the destruction and removal of vegetation by manual, mechanical, or
chemical methods.
Closed depression shall mean an area which is low lying and either has no surface
water outlet or has such a limited outlet, that during storm events the area acts as a
retention basin, with more than 5,000 square feet of water surface area at overflow
eleyation.
Commercial agriculture means those activities conducted on lands derIDed in RCW
84.34.020(2), and activities involved in the production of crops or livestock for
ORD # 99-352, Page -6
wholesale trade. An activity ceases to be considered commercial agriculture when the
area on which it is conducted is proposed for conversion to a nonagricultural use or
has lain idle for more than five (5) years, unless the idle land is registered in a federal
or state soils conservation program, or unless the activity is maintenance of irrigation
ditches, laterals, canals, or drainage ditches related to an existing and ongoing
agricultural activity.
Construct or modify means to install a new drainage pipe/ditch or make improvements
to an existing drainage pipe/ditch (for purposes other than routine maintenance, repair,
or emergency modifications, and excluding driyeway culyerts installed as part of single-
family residential building permits) that either serve to concentrate previously
unconcentrated surface and storm water runoff to serve to increase, decrease, and/or
redirect the conveyance of surface and storm water runoff.
Conveyance means a mechanism for transporting water from one point to another,
including pipes, ditches, and channels.
Conveyance system means the drainage facilities and features, both natural and
constructed, which collect, contain, and provide for the flow of surface and storm water
from the highest points on the land down to a receiving water. The natural elements of
the conveyance system include swales and small drainage courses, streams, rivers,
lakes, and wetlands. The constructed elements of the conveyance system include
gutters, ditches, pipes, channels, and most flow control and water quality treatment
facilities.
Detention means the release of surface and stormwater runoff from the site at a slower
rate than it is collected by the drainage facility system, the difference being held in
temporary storage.
Detention facility is a facility that collects water from deyeloped areas and releases it at
a slower rate than it enters the collection system. The excess of inflow oyer outflow is
temporarily stored in a pond or a vault and is typically released over a few hours or a
few days.
Development means any activity that requires a permit or approval, including but not
limited to a building permit, grading permit, shoreline substantial deyelopment
permit, conditional use permit, special use permit, zoning variance or reclassification,
subdivision, short subdivision, Urban Planned Development, binding site plan, site
development, or right-of-way use permit.
Director means the Director of the City of Federal Way Public Works Department.
Discharge n., means runoff, excluding offsite flows, leaving the proposed development
through overland flow, built conveyance systems, or infiltration facilities.
Discharge V., means to throw, drain, release, dump, spill, empty, emit, or pour forth
any matter or to cause or allow matter to flow, run, or seep from land or be thrown,
drained, released, dumped, spilled, emptied, emitted, or poured into water.
Ditch means a constructed channel with its top width less than 10 feet at design flow.
ORD # 99-352, Page -7
Drainage refers to the collection, conyeyance, containment, and/or discharge of
surface and storm water runoff.
Drainage area means an area draining to a point of interest.
Drainage basin means an area draining to a point of interest.
Drainage facility means a constructed or engineered feature that collects, conveys,
stores or treats surface and storm water runoff. Drainage facilities shall include but
not be limited to all constructed or engineered streams, pipelines, channels, ditches,
gutters, lakes, wetlands, closed depressions, flow control or water quality treatment
facilities, erosion and sedimentation control facilities, and other drainage structures
and appurtenances that provide for drainage.
Drainage review means an eyaluation by Federal Way staff of a proposed project's
compliance with the drainage requirements in this ordinance and the King County
Surface Water Design Manual and Federal Way Addendum.
Easement means the legal right to use a parcel of land for a particular purpose. It
does not include fee ownership, but it may restrict the owner's use of the land.
Emergency means a situation which, in the opinion of the Director, requires
immediate action to prevent or eliminate an immediate threat to the health or safety
of persons, property or the environment.
Engineering review means an evaluation by the Federal Way Public Works Department
of a proposed project's compliance with the drainage requirements in the King County
Surface Water Design Manual, Federal Way Addendum, and with other Federal Way
requirements.
Environmentally sensitive areas means, at a minimum, areas which include wetlands,
areas with a critical recharging effect on aquifers used for potable water, fish and
wildlife habitat conservation areas, frequently flooded areas, and geologically
hazardous areas.
Erosion means detachment and transport of soil or rock fragments by water, wind, ice,
etc.
Erosion and sediment control means any temporary or permanent measures taken to
reduce erosion, control siltation and sedimentation, and ensure that sediment-laden
water does not leave the site.
Experimental BMP means a BMP that has not been tested and evaluated by the
Department of Ecology in collaboration with local govemments and technical experts.
Experimental design adjustment means an adjustment used for proposing new designs
or methods which are different from those in the King County Surface Water Design
Manual, and Federal Way Addendum which are not uniquely site specific, and for
which data sufficient to establish functional equivalence do not exist.
ORD # 99-352, Page -8
Fann management plan means a comprehensive site-specific plan deyeloped by the
farm owner in cooperation with the City taking into consideration the land owner's
objectives while protecting water quality and related natural resources.
Federal Way Addendum to KCSWDM means the companion document to the
KCSWDM that adapts the KCSWDM for development applications in the City of
Federal Way. This document can be obtained from the Federal Way Public Works
Department.
FEMA means Federal Emergency Management Agency.
Fertilizer means any material or mixture used to supply one or more of the essential
plant nutrient elements.
Financial guarantee means a form of financial security posted to ensure timely and
proper completion of improvements in compliance with the project's engineering plan,
to ensure compliance with the Federal Way City Code, and/or to warranty materials,
workmanship of improvements and design. Financial guarantees include
assignments of funds, cash deposit, surety bonds, and/or other forms of fmancial
security acceptable to or required by the Director of Public Works. The terms
'performance guarantee," "drainage facilities restoration and site stabilization
guarantee," and "defect and maintenance guarantee" are considered subcategories of
financial guarantee. The term "fmancial guarantee" replaces the term "bond" which
had been used in prior editions of the King County Surface Water Design Manual.
Flood fringe means that portion of the floodplain outside of the floodway that is covered
by floodwaters during the base flood; it is generally associated with standing water
rather than rapidly flowing water.
Floodplain means the total area subject to inundation by the base flood including the
flood fringe and floodway.
Floodway means the channel of the river or stream and those portions of the
adjoining floodplains which are reasonably required to carry and discharge the base
flood flow. The portions of the adjoining floodplains which are considered to be
"reasonably required" are defined by the City flood hazard regulations.
Flow control facility means a drainage facility designed to mitigate the impacts of
increased surface and storm water runoff generated by site development pursuant to
the drainage requirements in Federal Way regulations. Flow control facilities are
designed either to hold water for a considerable length of time and then release it by
evaporation, plant transpiration, and/ or infùtration into the ground, or to hold runoff
a short period of time and then release it to the conveyance system.
Forest practicers) means any activity conducted on or directly pertaining to forest land
and relating to growing, harvesting, or processing timber, as defined in Chapter 222-
16 Washington Administrative Code.
Full Drainage Review means the basic evaluation required by this ordinance of a
proposed project's compliance with the full range of core and special requirements in
the King County Surface Water Design Manual and Federal Way Addendum. This
ORD # 99-352, Page -9
review addresses the impacts associated with adding new impervious surface and
changing land cover on typical sites. Full Drainage Review is required for any
proposed project that would not be eligible or subject to one of the drainage reviews
which targets certain types of projects.
Grade means the slope of a road, channel, or natural ground. The finished surface of
a canal bed, roadbed, top of embankment, or bottom of excavation; any surface
prepared for the support of construction such as paving or the laying of a conduit.
(To) Grade means to finish the surface of a canal bed, roadbed, top of embankment or
bottom of excavation.
Groundwater means water in a saturated zone or stratum beneath the surface of land
or below a surface water body.
Harmful materials are substances that may create a public nuisance or constitute a
hazard to humans, animals, fish or fowl, or any solid dangerous or extremely hazardous
waste, as defined by Chapter 173-304 of the Washington Administrative Code (WAC)
(Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC
(Dangerous Waste Regulations). "Harmful materials" also include substances that,
when released into the environment, may cause noncompliance with Chapters 246-290
WAC (Public Water Supplies), 173-200 WAC (Water Quality Standards for Ground
Waters of the State of Washington), 173-201 (Water Quality Standards for Surface
Waters of the State of Washington), 173-204 WAC (Sediment Management Standards),
or 173-340 WAC (The Model Toxics Control Act Cleanup Regulation).
High-use site means anyone of the following:
A commercial or industrial site subject to an expected average daily
traffic (ADT) count equal to or greater than 100 vehicles per 1,000
square feet of gross building area, OR
A commercial or industrial site subject to petroleum storage and
transfer in excess of 1,500 gallons per year, not including routinely
delivered heating oil, OR
A commercial or industrial site subject to use, storage, or maintenance
of a fleet of 25 or more diesel yehicles that are over 10 tons net weight
(trucks, buses, trains, heavy equipment, etc.), OR
A road intersection with a measured ADT count of 25,000 vehicles or
more on the main roadway and 15,000 vehicles or more on any
intersecting roadway, excluding projects proposing primarily
pedestrian or bicycle use improvements.
lllicit discharge means all non-stormwater discharges to stormwater drainage systems
that cause or contribute to a violation of state water quality, sediment quality or
ground water quality standards, including but not limited to sanitary sewer
connections, industrial process water, interior floor drains, car washing and greywater
systems.
ORD # 99-352, Page -10
Impervious surface means a hard surface area which either prevents or retards the
entry of water into the soil mantle as under natural conditions prior to development;
and/ or a hard surface area which causes water to run off the surface in greater
quantities or at an increased rate of flow from the flow present under natural
conditions prior to deyelopment. Common impervious surfaces include, but are not
limited to, roof tops, walkways, patios, driveways, parking lots or storage areas,
concrete or asphalt paving, grayel roads, packed earthen materials, and oiled,
macadam, or other surfaces which similarly impede the natural infiltration of surface
and storm water runoff. Open, uncovered flow control or water quality treatments
facilities shall not be considered impervious surfaces (see also "new impervious
surface").
Improvement means those structures commonly provided when land is converted from
its natural to a developed state. Examples include roads (with or without curbs or
gutters), sidewalks, crosswalks, parking lots, water mains, sanitary and storm sewers,
drainage facilities, street trees, and other appropriate items.
King County Surface Water Design Manual means the Manual (and supporting
documents as appropriate) describing surface and storm water design and analysis
requirements, procedures, and guidance, and which is formally adopted herein by the
City of Federal Way. The King County Surface Water Design Manual will be available
from the King County Department of Development and Environmental Services or the
Department of Natural Resources.
King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP
Manual", means the document prepared by King County and adopted by Federal Way,
that describes best management practices, design, maintenance, procedures, and
guidance.
Lake means an area permanently inundated by water in excess of two meters (7 ft)
deep and greater than 20 acres in size as measured at the ordinary high water mark.
Landslide means episodic downslope movement of a mass of soil or rock; includes but
is not limited to rockfalls, slumps, mudflows, and earthflows.
Leachable materials, wastes, or chemicals are those substances which, when exposed
to rainfall, measurably alter the physical or chemical characteristics of the rainfall
runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers,
oily substances, ashes, kiln dust, garbage dumpster leakage, etc.
Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of
environmental concem because they do not degrade over time. Although many are
necessary nutrients, they are sometimes magnified in the food chain, and they can be
toxic to life in high enough concentrations.
Mitigation means the reduction of a potential impact by the use of any or all of the
following actions that are listed in descending order of preference:
Avoiding the impact altogether by not taking a certain action or part of
an action;
ORD # 99-352, Page -11
Minimizing impacts by limiting the degree or magnitude of the action
and its implementation, by using appropriate technology, or by taking
affirmative steps to avoid or reduce impacts;
Rectifying the impact by repairing, rehabilitating or restoring the
sensitiye area;
Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the deyelopment proposal;
Compensation for the impact by replacing, enhancing, or providing
substitute sensitiye areas;
Monitoring the impact and taking appropriate corrective measures.
Monitoring means the collection and analysis of data by various methods for the
purposes of understanding natural systems and features, evaluating the impacts of
development proposals on the biological, hydrologic, and geologic elements of such
systems, and assessing the performance of mitigation measures imposed as
conditions of development.
National Pollutant Discharge Elimination System or NPDES means the national program
for controlling pollutant discharges into waters of the United States under the Clean
Water Act.
National Pollutant Discharge Elimination System Permit, or NDPES Permit, means an
authorization, license, or an equiYalent control document issued by the
Environmental Protection Agency or the Washington State Department of Ecology to
implement the requirements of the NPDES program.
Natural location means the location of those channels, swales, and other non-
manmade conveyance systems as defined by the fIrst documented topographic
contours existing for the subject property, either from maps or photographs, or such
other means as appropriate.
New impervious surface means the addition of a hard or compacted surface such as
pavement, grayel, dirt, or roofs, or the addition of a more compacted surface such as
the paving of pre-existing dirt or gravel.
Nutrient means one of the essential chemicals needed by plants or animals for growth.
Excessive amounts of nutrients can lead to degradation of water quality and excessive
algae growth. Some nutrients can be toxic at high concentrations.
Offsite flows means runoff conveyed to a proposed project from adjacent properties.
Omission means a failure to act.
Onsite means the site that includes the proposed deyelopment (see "site").
Ordinary high water mark means the mark that will be found by examining the bed
and banks of a stream and ascertaining where the presence and action of waters are
ORD # 99-352, Page -12
so common and usual, and so long maintained in all ordinary years, as to mark upon
the soil a character distinct from that of the abutting upland, in respect to yegetation.
In any area where the ordinary high water mark cannot be found, the line of mean
high water shall substitute. In any area where neither can be found, the channel
bank shall be substituted. In braided channels and alluyial fans, the ordinary high
water mark or substitute shall be measured so as to include the entire stream feature.
Overtopping means to flow oyer the limits of a containment or conyeyance elements.
Person means any individual, (including their agents or assigns), partnership,
corporation, association, business, organization, cooperative, public or municipal
corporation, or govemment agency, however designated.
Pesticide is any substance (usually chemical) used to destroy or control organisms;
include herbicides, insecticides, algaecides, fungicides, and others. Many of these
substances are manufactured and are not naturally found in the environment.
Others, such as pyrethrum, are natural toxins which are extracted from plants and
animals.
Plat means a map or representation of a subdivision showing the division of a tract or
parcel of land into lots, blocks, streets, or other divisions and dedications.
Pollution means contamination or other alteration of the physical, chemical, or
biological properties, of waters of the state, including change in temperature, taste,
color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactiye or other substance into any waters of the state as will or is likely to create
a nuisance or render such waters harmful, detrimental or injurious to the public
health, safety or welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to liyestock, wild animals, birds,
fish or other aquatic life.
Pollution-generating impervious surface means an impervious surface considered to be
a significant source of pollutants in surface and storm water runoff. Such surfaces,
include those subject to yehicular use or storage of erodible or leachable materials,
wastes, or chemicals, and which receiye direct rainfall or the run-on or blow-in of
rainfall. Thus, a covered parking area would be included if runoff from uphill could
regularly run through it or if rainfall could regularly blow in and wet the payement
surface. Metal roofs are also considered pollution-generating impervious surface
unless they are treated to prevent leaching.
Pollution-generating pervious surface means a non-impervious surface with vegetative
ground cover subject to use of pesticides and fertilizers. Such surfaces include, but
are not limited to, the lawn and landscaped areas of residential or commercial sites,
golf courses, parks, and sports fields.
Preapplication means the meeting(s) and/or form(s) used by applicants for some
development permits to present initial' project intentions to the City of Federal Way.
Preapplication does not mean application.
ORD # 99-352, Page -13
Preapplication adjustment means an adjustment that can be requested prior to permit
application. It is useful for when an adjustment decision is needed to determine if a
project is feasible, or when the approval conditions must be known to determine if a
project is viable before funding a full application. The approval of preapplication
adjustments is tied by condition to the project proposal presented at a preapplication
meeting with the City.
Project means any proposed action to alter or deyelop a site which may also require
drainage review.
Project site means that portion of a property or properties subject to proposed project
improvements including those required by this ordinance.
Receiving waters means bodies of water or surface water systems receiying water from
upstream man-made or natural systems.
Redevelopment means, on an already deyeloped site, the creation or addition of
impervious surface; the expansion of a building footprint or addition or replacement of a
structure; structural deyelopment including an increase in gross floor area and/or
exterior construction or remodeling, where the structural development exceeds 50
percent of the assessed or appraised yalue of the structure or improyement being
redeyeloped; the repair or replacement of impervious surface that is not part of a
routine maintenance activity; a change of use which has a potential to release a new
pollutant(s) to the City's surface water systems; or land disturbing activities associated
with impervious redeyelopment.
Regional retention/detention system means a stormwater quantity control structure
designed to prevent or correct existing or future excess surface water runoff problems of
a basin or sub-basin. The area downstream has been previously identified as having
existing or predicted significant and regional flooding and/or erosion problems. This
term is also used when a detention facility is used to detain stormwater runoff from a
number of different businesses, developments or areas within a catchment.
Regulated Lakes shall mean the following wetlands as shown in the King County
Wetlands Inventory Notebooks, Volume 3 South:
Lower Puget Sound 6,7, 12, 15, 16 and 17.
Hylebos 2, 11, 13, and 16
Retention means the process of collecting and holding surface and storm water runoff
with no surface outflow.
Retention/ detention facility (R/ D) means a type of drainage facility designed either to
hold water for a considerable length of time and then release it by eyaporation, plant
transpiration, and/or infiltration into the ground; or to hold surface and stormwater
runoff for a short period of time and then release it to the surface and stormwater
conveyance system.
ORD # 99-352, Page -14
Run-on or blow-in of rainfall means stormwater from uphill that could regularly run
through an area, or rainfall that could regularly be blown in and wet the pavement
surface.
Scour means erosion of channel banks due to excessiye yelocity of the flow of surface
and stormwater runoff.
Sediment means fragmented material which originates from weathering and erosion of
rocks or unconsolidated deposits, and which is transported by, suspended in, or
deposited by water.
Sedimentation means the depositing or formation of sediment.
Shoreline substantial development shall be as defined in Chapter 18 of the Federal Way
City Code.
Short subdivision (also known as a "short plat") shall be as defined in Federal Way City
Code Chapter 20.
Single family residential means a project that constructs or modifies a single family
dwelling unit and/or makes related onsite improyements, such as driveways, roads,
outbuildings, play courts, etc., or a project that creates single family residential lots
such as a plat or short plat.
Site means the legal boundaries of the parcel or parcels of land for which an applicant
has or should haye applied for authority from Federal Way to carry out a development
actiyity, including any drainage improvements required by this ordinance. This term
is equiYalent to the term "Subject Property" in Federal Way City Code Chapter 22
(Zoning Code).
Site improvement plan consists of all the plans, profiles, details, notes and
specifications necessary to construct road, drainage structure and off-street parking
improvements. A Modified Site Improvement Plan means a limited or simplified "Site
Improvement Plan" used for some projects in targeted review and/or where major
improvements are not proposed.
Small Site Drainage Review is a simplified alternatiye to Full Drainage Review for small
residential building and subdivision projects that add between two and ten thousand
square feet of new impervious surface. The core and special requirements applied
under Full Drainage Review are replaced with simplified small site requirements
which can be applied by a non-engineer.
Soil means the unconsolidated mineral and organic material on the immediate surface
of the earth that serves as a natural medium for the growth of land plants.
Source control BMP means a BMP intended to prevent contaminants from entering
surface and storm water and/ or ground water including the modification of processes
to eliminate the production or use of contaminants. An example would be using less
toxic alternatives to current products or sweeping parking lots instead of washing
them. Source control BMPs can be either structural or non-structural. Structural
ORD # 99-352, Page -15
source control BMPs inyolve the construction of a physical structure on site, or other
type of physical modification to a site; for example, using a covered area or berm to
prevent clean stormwater from entering a work area.
State Waste Discharge Pennit means an authorization, license, or an equivalent control
document issued by the Washington State Department of Ecology in accordance with
Chapter 173-216 Washington Administratiye Code.
Stonnwater means water originating from rainfall and other precipitation that
ultimately flows into drainage facilities, riyers, streams, ponds, lakes, and wetlands,
or flows from springs and seeps, as well as shallow groundwater.
Stonnwater drainage system means constructed and natural features which function
together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate,
divert, treat or filter stormwater. "Stormwater drainage system" includes both public
and privately owned features.
Stonnwater facility means a constructed component of a stormwater drainage system,
designed or constructed to perform a particular function, or multiple functions.
Stormwater facilities include, but are not limited to, pipes, swales, ditches, culyerts,
street gutters, detention basins, retention basins, constructed wetlands, infiltration
devices, catchbasins, oil/water separators, sediment basins and modular pavement.
Stormwater facilities are described in the Stormwater Management Manual.
Stonnwater System Operation and Maintenance Manual means the Manual adopted by
reference and prepared by the City of Federal Way.
Stream means an area where surface waters produce a defined channel or bed. A
defined channel or bed is an area which demonstrates clear evidence of the passage of
water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt
beds, and defined-channel swales. The channel or bed need not contain water year-
round. This definition is not meant to include irrigation ditches, canals, storm water
runoff devices, or other entirely artificial watercourses unless they are used by
salmonids or used to conyey streams naturally occurring prior to construction. Those
topographic features that resemble streams but haye no defined channels (e.g.,
swales) shall be considered streams when hydrologic and hydraulic analyses done
pursuant to a development proposal predict formation of a defined channel after
development.
Subdivision [also known as "plat") shall be as deemed in Federal Way City Code Chapter
20.
Subject to Vehicular Use as used in the definition of pollution-generating impervious
surface, means a surface that is regularly used by motor yehicles, whether paved or not.
The following are considered regularly used surfaces: roads, unvegetated road
shoulders, bike lanes within the traveled lane of a rÚadway, driveways, parking lots,
unfenced firelanes, diesel equipment storage yards, and airport runways. The following
are not considered regularly used surfaces: road shoulders primarily used for
emergency parking, paved bicycle pathways, bicycle lanes adjacent to unpaved or paved
ORD # 99-352, Page -16
road shoulders primarily used for emergency parking, fenced firelanes, and infrequently
used maintenance access roads.
Surface and stonn water means water originating from rainfall and other precipitation
that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds,
lakes, and wetlands as well as shallow groundwater.
Targeted Drainage Review means an evaluation required by this ordinance for certain
types of proposed projects where drainage review is abbreviated to address only those
requirements that would apply to those projects. Projects subject to this type of
drainage review are typically small-site proposals or other small projects that have site-
specific or project-specific drainage concerns that must be addressed by a licensed civil
engineer or Public Works review staff.
Treatment BM? means a BMP intended to remove contaminants once they are already
contained in storm water. Examples of treatment BMPs include oil/water separators,
biof1ltration swales, and wet-settling basins.
Toxic means poisonous, carcinogenic, or otherwise directly harmful to life.
Utility shall mean the Federal Way Surface Water Management Utility.
Vegetation means all organic plant life growing on the surface of the earth.
Watershed means the geographic region from which water drains toward a central
collector such as a stream, riyer, lake, or salt water.
Wetlands means those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufflcient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas. (U.S. Army Corps of Engineers Regulation 33 CFR 328.3 (1988)).
Wetlands in Federal Way include all area waterward from the wetland edge. Where the
vegetation has been remoyed, a wetland shall be determined by the presence of hydric
soils, as well as other documentation of the previous existence of wetland vegetation
such as aerial photographs. This definition shall not conflict with Federal Way Zoning
Code (Chapter 22 FWCC).
Wetland edge means the line delineating the outer edge of a wetland established by
using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands
(January 10, 1989), jointly published by the U.S. Environmental Protection Agency,
the U.S. fish and Wildlife Service, the U.S. Army Corps of Engineers, and the U.S. Soil
Conservation Service.
Section 21-2. Construction and Intent.
A. This chapter is enacted as an exercise of the City's police powers, to
protect and preserve the public health, safety, and welfare. lts provisions shall
be exempt from the rule of strict construction and shall be liberally construed
to give full effect to the objectives and purposes for which it was enacted.
ORD # 99-352, Page -17
B. This chapter is not enacted to create or otherwise establish or designate
any particular class or group of persons who will or should be especially
protected or benefited by the terms of this chapter. Further, nothing contained
in this chapter is intended to be or shall be construed to create or form a basis
for liability by the City, its officers, employees or agents for any injury or
damage resulting from the failure of the person(s) responsible for the violation
to comply with the proyisions of this chapter or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of
this chapter by the City, its officers, employees or agents.
C. It is not intended that this chapter 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.
D. When any provision of any other chapter of the Federal Way Code conflicts
with this chapter, the provision which provides greater environmental protection
shall apply, unless specifically provided otherwise in this chapter.
Section 21-3. Interpretation.
The provisions of this chapter shall be held to be minimum requirements in their
interpretation and application and shall be liberally construed to serve the purposes of
this chapter.
Section 21-4. Administration.
The Director of Public Works or his or her designee shall administer this chapter,
and shall have the authority to develop and adopt administrative procedures to
administer and enforce this chapter.
Article II. Stormwater Management
Division 1. Generally
Section 21-5. Purpose.
A. The provisions of this Chapter are intended to guide all who conduct new
deyelopment or redevelopment within the City. The provisions of this ordinance
establish the minimum level of storm and surface water compliance which must
be met to permit a property to be developed or redeveloped within the City.
B. It is the purpose of this Chapter to:
(1) Minimize water quality degradation and sedimentation in streams,
ponds, lakes, wetlands and other water bodies.
(2) Minimize
sedimentation
practices.
the impact of increased runoff, erosion and
caused by land development and maintenance
ORD # 99-352, Page -18
(3)
Maintain and protect groundwater resources.
(4) Minimize adverse impacts of alterations on ground and surface
water quantities, locations and flow patterns.
(5) Decrease potential landslide, flood and erosion damage to public
and priyate property.
(6) Promote site planning and construction practices that are
consistent with natural topographical, vegetation and hydrological
conditions.
(7) Maintain and protect the City
infrastructure and those downstream.
stonnwater
management
(8) Provide a means of regulating clearing and grading of private and
public land while minimizing water quality impacts in order to protect
public health and safety.
[9] Provide minimum development regulations and construction
procedures which will preserve, replace or enhance, to the maximum
extent practicable, existing vegetation to preserve and enhance the
natural qualities of lands, wetlands and water bodies.
Division 2. Regulated and Exempt Activities
Section 21-6. Regulated Activities.
The following activities are subject to the provisions of this article, unless
exempted below:
A.
New Development
1.
Single family residential or small site deyelopment works;
2.
Projects that add 5,000 square feet or more of new
impervious surface;
3.
Projects that propose to construct or modify a drainage
pipe/ditch that is 12 inches or more in size/depth, or
receives surface and stonn water runoff from a drainage
pipe/ditch that is 12 inches or more in size/depth; or
4.
Projects that contain or are adjacent to a floodplain, stream,
lake, wetland, closed depression, or other environmentally
sensitiye area as defined by Federal Way City Code (Chapter
18 FWCC).
B. Redevelopment, as defined in this chapter (and as also defined in
Chapter 22-337), which meets or exceeds one of the following thresholds
or criteria:
ORD # 99-352, Page -19
8.
1.
Creation or addition of impervious surfaces having an area
of 5,000 square feet or more;
2.
Construction or replacement of a building footprint or other
Structure having a surface area of 5,000 square feet or
more, or which involves the expansion of a building
footprint or other structure by 5,000 square feet of surface
area or more;
3.
Repair or replacement of 5,000 square feet or more of an
impervious surface, when such redeyelopment is not part
of a routine maintenance activity;
4.
Collection and concentration of surface and stormwater
runoff from a drainage area of more than 5,000 square feet;
5.
Projects which contain or directly discharge to a floodplain,
stream, lake, wetland, or closed depression, groundwater
recharge area, or other water quality sensitiye area
determined by the Public Works Director, based on a
written map, policy, water quality monitoring data or plan
in existence or implemented by the Director prior to
submission of a redevelopment application which is
determined to trigger application of this subsection, or
based on information developed during review of a
particular redevelopment application;
6.
Projects that involve a change in use, and the changed use
has a potential to release a new pollutant(s) to surface
water systems within the City. For the purposes of this
subsection, "new pollutant(s)" means a pollutant that was
not discharged at that location immediately prior to the
change in use, as well as a pollutant that was discharged in
less quantities immediately prior to the change in use;
7.
Redeyelopment other than normal maintenance or other
than tenant improyements, but including any increase in
gross floor area, in anyone consecutive 12 month period
which exceeds 50 percent of the assessed or appraised
value (whicheyer is greater) of the structure or
improvement being redeveloped; or
Redevelopment of property which drains or discharges to a
receiving water that has a documented water quality
problem, as determined by the Public Works Director based
on a map, plan, water quality monitoring data or a written
policy in existence or implemented by the Director prior to
submission of a redevelopment application determined to
trigger application of this subsection, where the Director
determines that the redevelopment requires additional
ORD # 99-352, Page -20
specific controls to address the documented water quality
problem.
Section 21-7. Exemptions.
The following activities are exempt from the provisions of this chapter:
A. Commercial agriculture, and forest practices regulated under Title 222
WAC, except for Class IV General forest practices that are conyersions from
timber land to other uses; and
B. Development undertaken by the Washington State Department of
Transportation in state highway rights-of-way is regulated by Chapter 173-270
WAC, the Puget Sound Highway Runoff Program.
All other new development and redevelopment is subject to the requirements of this
chapter.
Section 21-8. Application of Article to Regulated Activities
Prior to the Director's approyal that the requirements of this article have been
met, the City shall not grant any permission or approYal, including but not limited to
the following approvals, for projects involving any regulated activity:
1. Binding Site Plan (BSP)
2. Building Permit (residential or commercial)
3. Clearing and Grading/Land Surface Modification
4. Experimental Design Adjustment
5. Franchise for Utility or Other Right-of-Way Use
6. Preapplication Adjustment
7. Right-of-Way Use Permit
8. Right-of-Way Improvement Modification
9. Shoreline Substantial Development Permit
10. Short Subdivision (Short Plat) Approval
11. Single Family Residential Building Permit
12. Site Plan Approyal
13. Use Process I, III, or IV Approval
12. Special Use Permit
13. Subdivision (Plat) Approyal (Preliminary or Final)
14. Zoning Reclassification
15. Zoning Variance
Regulated activities may be conducted only after the applicant has demonstrated
compliance with all the elements of the appropriate level of drainage review as required
by this chapter, obtained the Director's approYal, and obtained other permits or
approYals as may be required by the Federal Way City Code.
ORD # 99-352, Page -21
Division 3. General Requirements
Sec. 21-9. Manuals and Addendum Adopted
The King County Surface Water Design Manual, the Federal Way Addendum to
the King County Surface Water Design Manuat and the King County Stormwater
Pollution Control Manual, as they exist on the effectiye date of this article or as
hereafter amended, are hereby adopted by this reference. They are referred to in this
article respectively as the KCSWDM, Federal Way Addendum, and the KCSPCM.
Sec. 21-10. StonnwaterBest Management Practices (BMPs)
A. General. BMPs, as specified in the KCSPCM, shall be used to control
pollution from stormwater, and to comply with the standards in this Ordinance.
B. Experimental BMPs. In those instances where appropriate BMPs are not
specified in the KCSPCM, experimental BMPs should be considered.
Experimental BMPs are encouraged as a means of solving problems in a manner
not addressed by the KCSPCM in an effort to improye stormwater quality
technology. Experimental BMPs must be approved by the Director of Public
Works prior to construction.
Sec. 21-11. Illicit Discharges.
lllicit discharges to stormwater drainage systems are prohibited.
Division 4. Approval Standards
Section 21-12. Core and Special Requirements
Depending on the type of drainage review required, as described in Sections 21-
13 below, one or more Core or Special Requirements shall be met. The Core and Special
requirements, described below, are also described in detail in the KCSWDM and Federal
Way Addendum adopted by reference in Section 21-9.
A. Core Requirements.
1. Core Requirement #1, - Discharge at the Natural Location
All surface and storm water runoff from a project must be
discharged at the natural location so as not to be diverted onto or away
from downstream properties. The manner in which runoff is discharged
from the project site must not create a significant adverse impact to
downhill properties or drainage systems.
2. Core Requirement #2 - Offsite Analysis
All proposed projects must submit an offsite analysis report that
assesses potential offsite drainage impacts associated with development
ORD # 99-352, Page -22
of the project site and proposes appropriate mitigations of those impacts.
The initial permit submittal shall include, at minimum, a Levell
downstream analysis as described in the KCSWDM and Federal Way
Addendum.
3. Core Requirement #3 - Flow Control
All proposed projects, including redeyelopment projects, must
proyide onsite flow control facilities to mitigate the impacts of increased
storm and surface water runoff generated by the addition of new
impervious surface and any related land coYer conversion. These
facilities shall, at a minimum, meet the performance criteria for one of
the area-specific flow control standards and be implemented according
to the applicable flow control implementation requirements described in
the KCSWDM and Federal Way Addendum.
4. Core Requirement #4 - Conveyance System
All engineered conveyance system elements for proposed projects
must be analyzed, designed, and constructed to provide a minimum leyel
of protection against oyertopping, flooding, erosion, and structural
failure as specified in the KCSWDM and Federal Way Addendum.
5. Core Requirement #5 - Erosion and Sediment Control
All proposed projects that will clear, grade, or otherwise disturb
the site must provide erosion and sediment controls to prevent, to the
maximum extent possible, the transport of sediment from the project
site to downstream drainage facilities, water resources, and adjacent
properties. To prevent sediment transport, Erosion and Sediment
Control (ESe¡ measures are required and shall perform as described in
Chapter 1.2.5.2 of the Federal Way Addendum to the KCSWDM. Both
temporary and permanent erosion and sediment controls shall be
implemented as described in Chapter 1.2.5.3 of the Federal Way
Addendum to the KCSWDM.
6. Core Requirement #6 - Maintenance and Operations
Maintenance and operation of all drainage facilities is the
responsibility of the applicant or property owner, except those facilities
for which Federal Way is granted an easement, tract, or right-of-way and
officially assumes maintenance and operation as described in the
KCSWDM and Federal Way Addendum. Drainage facilities must be
maintained and operated in compliance with Federal Way maintenance
standards.
7. Core Requirement #7 - Financial Guarantees and Liability .
All drainage facilities constructed or modified for projects (except
downspout infiltration and dispersion systems), and any work performed
in the right-of-way, must comply with the financial guarantee
requirements in Federal Way City Code Chapter 22.
ORD # 99-352, Page -23
8. Core Requirement #8 - Water Quality
All proposed projects, including redevelopment projects, must
provide water quality (WQ) facilities to treat the runoff from new and/or
replaced pollution-generating impervious surfaces and pollution-
generating pervious surfaces. These facilities shall be selected from one
of the area-specific WQ menus described in Chapter 1.2.8.1 of the
Federal Way Addendum to the KCSWDM and implemented according to
the applicable WQ implementation requirements in Chapter 1.2.8.2 of
the Federal Way Addendum to the KCSWDM.
A. Special Requirements
1. Special Requirement # I - Other Adopted Area Specific
Requirements
King County has developed several types of area-specific plans
and regulations that contain requirements for drainage design. These
regulations include Critical Drainage Areas, Master Drainage Plans,
Basin Plans, Lake Management Plans, and Shared Facility Drainage
Plans. In some cases, these plans and regulations could overlap with
the City of Federal Way's jurisdictional area.
The Hylebos Creek and Lower Puget Sound Basin Plan is the
only one of these area-specific regulations that currently affects Federal
Way. King County developed this basin plan which recommends specific
land uses, regional capital projects, and special drainage requirements
for future deYelopment within the Hylebos and Lower Puget Sound
basin.
The drainage requirements of adopted area-specific regulations
such as basin plans shall be applied in addition to the drainage
requirements of the KCSWDM and Federal Way Addendum unless
otherwise specified in the adopted regulation. Where conflicts occur
between the two, the drainage requirements of the adopted area-specific
regulation shall supersede those in the KCSWDM and Federal Way
Addendum.
2. Special Requirement #2 - FloodplainjFloodway
Delineation
Floodplains and flood ways are subject to inundation during
extreme events. The lOa-year floodplains are delineated in order to
minimize flooding impacts to new development and to prevent
aggravation of existing flooding problems by new development.
Regulations and restrictions concerning development within a lOa-year
floodplain are found in Federal Way's Environmentally Sensitive Areas
and Flood Hazard regulations.
ORD # 99-352, Page -24
If an approved flood hazard study exists, then it may be used as
the basis for delineating the floodplain and floodway boundaries
provided the study was prepared in a manner consistent with the
KCSWDM and other Federal Way flood hazard regulations. If an
approved flood hazard study does not exist, then one shall be prepared
based on the requirements described in Chapter 4.4.2 of the KCSWDM,
"Floodplain/Floodway Analysis."
3. Special Requirement #3 - Flood Protection Facilities
Developing sites protected by levees, revetments, or berms
requires a high level of confidence in their structural integrity and
performance. Proper analysis, design, and construction is necessary to
protect against the potentially catastrophic consequences if such
facilities should fail.
The applicant is required to demonstrate conformance with FEMA
regulations using the methods specified in Chapter 4.4.2 of the
KCSWDM and the Federal Way Addendum. In addition, certain
easement requirements (outlined in Chapter 4.1 of the KCSWDM and
Federal Way Addendum) must be met in order to allow City access for
maintenance of the facility.
4. Special Requirement #4 - Source Control
Water quality source controls, many of which are listed in the
KCSPCM, preyent rainfall and runoff water from coming into contact
with pollutants, thereby reducing the likelihood that pollutants will
enter public waterways and violate water quality standards. When
applicable, structural source control measures, such as car wash pads
or dumpster area roofing, shall be shown on the site improyement plans
submitted for engineering review and approyal. Other nonstructural
source control measures, such as coyering storage piles with plastic or
isolating areas where pollutants are used or stored, are to be
implemented after occupancy and need not be addressed during the
plan review process. All commercial and industrial projects (irrespective
of size) undergoing drainage review are required to implement applicable
source controls.
5. Special Requirement #5 - Oil Control
Projects proposing to develop or redeyelop a high-use site must
provide oil controls in addition to any other water quality controls
required by this manual. Such sites typically generate high
concentrations of oil due to high traffic turnover or the frequent transfer
of oil.
ORD # 99-352, Page -25
Section 21-13. Drainage Review
A. When Required. Drainage review is required fo~ any proposed
project, including new deyelopment and redeyelopment (except for those
proposing only routine maintenance, repair, or emergency modifications)
which is or includes a regulated activity under Section 21-6 aboye, AND
for which City approYal, including but not limited to any approYallisted
in Section 21-8 above, is required.
B. Type of Drainage Review Required. One of the following three types
of drainage review will be required, depending on the project; provided,
however, that a project which qualifies for Small Site Drainage Review
may also require Targeted Drainage Review if the requirements for
Targeted Drainage Review are met:
1.
Small Site Drainage Review
Small Site Drainage Review is required for single family residential
or subdivision projects that add 2,000 to 10,000 square feet of new
impervious surface AND clear less than 2 acres OR less than 35 percent
of the site, whichever is greater.
Compliance shall be demonstrated through the implementation of
an approved Small Site Drainage Plan and a Small Site Erosion and
Sediment Control Plan. Detailed design specifications and submittal
requirements are presented in Appendix C of the KCSWDM, titled: "Small
Site Drainage Requirements".
2.
Full Drainage Review
Full Drainage reyiew is required for any proposed project, including
redevelopment projects, that adds at least 5,000 square feet of new
impervious surface.
If full drainage review is required, then the applicant must
demonstrate that the proposed project complies with the following
requirements:
a. All core requirements specified in Section 21-12.
b. All special requirements specified in Section 21-
12.
ORD # 99-352, Page -26
3.
Targeted Drainage Review
Targeted Drainage Review is required for any proposed projects,
including redevelopment projects, that are not subject to Full Drainage
Review, AND which fall into one or more of the following categories of
projects:
a. TOR Category #1: Projects that contain or are
adjacent to floodplains or environmentally sensitive
areas
b. TOR Category #2: Projects proposing to
construct or modify a drainage pipe/ditch that is 12"
or larger or receives runoff from a 12-inch or larger
drainage pipe / ditch
c. TOR Category #3: Redevelopment projects as
defined in Federal Way City Code (Chapter 22-337)
If targeted drainage review is required, then the applicant must
demonstrate that the proposed project complies with the selected core and
special requirements corresponding to the appropriate category or
categories of project that best match the proposed project. The specific
requirements for each TOR category are as follows:
TDR Project Category # 1
The following requirements apply to TOR Category # 1 projects,
but may have exemptions or thresholds that preclude or limit their
application to a specific project:
Core Requirement #5: Erosion and Sediment Control
Special Requirement #1: Other Adopted Area-Specific
Requirements
Special Requirement #2:
Special Requirement #3:
Special Requirement #4:
Floodplain/Floodway Analysis
Flood Protection Facilities
Source Control
The following requirements may be applied to projects in TOR
Category # 1 at the discretion of Public Works based on site-specific
conditions:
Core Requirement # 1:
Core Requirement #2:
Core Requirement #3:
Core Requirement #4:
Core Requirement #6:
Core Requirement #7:
Discharge at Natural Location
Offsite Analysis
Flow Control
Conveyance System
Maintenance and Operations
Financial Guarantees & Liability
ORD # 99-352, Page -27
.
Core Requirement #8: Water Quality
TDR Project Category #2
The followIng requirements apply to projects in TDR Category #2:
Core Requirement #1:
Core Requirement #2:
Core Requirement #4:
Core Requirement #5:
Core Requirement #6:
Discharge at the Natural Location
Offsite Analysis
Conyeyance System
Erosion and Sediment Control
Maintenance and Operations
The following requirements apply to projects in TDR Category #2,
but have exemptions or thresholds that may preclude or limit their
application to a specific project:
Core Requirement #7: Financial Guarantees and Liability
Special Requirement #4: Source Control
TDR Project Category #3
The following requirements apply to projects in TDR Category #3:
Core Requirement #1: Discharge at Natural Location
Core Requirement #5: Erosion and Sediment Control
Core Requirement #6: Maintenance and Operations
The following requirements apply to projects in TDR Category #3,
but have exemptions or thresholds that may preclude or limit their
application to a specific project:
.
Core Requirement #7: Financial Guarantees and Liability
Core Requirement #8: Water Quality
Special Requirement #4: Source Control
Special Requirement #5: Oil Control.
Section 21-13.5. Liability Insurance.
The person required to construct any storm drainage facility required herein
shall maintain a liability policy in the amount of $500,000.00 per indiyidual,
$500,000.00 per OCcurrence and $100,000.00 property damage, which shall name the
City as an additional insured, and which shall protect the City from any liability up to
those amounts for any accident, negligence, failure of the facility, or any other liability
whatsoever, relating to the construction or maintenance of the facility. Proof of such
liability policy shall be provided to the public works director prior to commencing
construction of any drainage facility, provided that in the case of facilities dedicated to
and accepted by the city for maintenance pursuant to Sections 21-26 - 21-27 below,
such liability policy shall be terminated when the City maintenance responsibility
commences.
ORD # 99-352, Page -28
Division 5. Administration and Enforcement
Section 21-14. Review and Approval Authority.
The Director, or his or her designee(s), may approve, conditionally approye or
deny an application for regulated activities under this article.
Section 21-15. Enforcement.
The Director shall enforce this article, and the terms and conditions of any
application, permit or approYal for regulated activities granted under this article,
using FWCC Chapter 1, Article III, Civil Enforcement of Code. Civil enforcement is in
addition to, and does not limit any other forms of enforcement ayailable to the City
including, but not limited to, criminal sanctions as specified herein or in FWCC
Chapter 1, Articles II - III, nuisance and injunction actions, or other civil or equitable
actions to abate, discontinue, correct or discourage unlawful acts in violation of this
chapter. .
Section 21-16. Inspection.
All activities regulated by this article, except those exempted under Section 21-7,
shall be inspected by the Director or his or her designee(s). The Director or designee(s)
shall inspect projects at various stages of the work requiring approval to determine that
adequate control is being exercised. Stages of work requiring inspection include, but
are not limited to, preconstruction; installation of BMPs; land disturbing activities;
installation of utilities, landscaping, retaining walls and completion of project. When
required by the Director, a special inspection and/or testing shall be performed. Any
applicant who has obtained the approval of the Director under this article shall permit
the Director or designee(s) access to the property, when requested, to permit the
inspections required by this section.
Division 6. Adjustments
Section 21-17. Purpose and Timing.
An applicant seeking approYal under this article for a regulated activity may
seek the approval of the Director to yaty from one of the Core or Special Requirements
under Section 21- 12, or any other specific requirement or standard contained in the
KCSWDM and Federal Way Addendum. Proposed adjustments should be approved
prior to final permit approval, but the Director may approve an adjustment up to the
time the Director approyes final construction or accepts drainage facilities for
maintenance.
Section 21-18. Types of Adjustments.
There are four types of adjustments, as follows:
A.
B.
C.
D.
Standard Adjustments
Complex Adjustments
Experimental Design Adjustments
Blanket Adjustments
ORD # 99-352, Page -29
The appropriate use for each adjustment type is described in the KCSWDM and
Federal Way Addendum.
Section 21-19. Authority.
.'
The Director shall have authority to' apprøve or deny all four types of
adjustments, for any regulated activity requinng drainage review under this article.
Section 21-20. Criteria for Granting Adjustments
Adjustments to the requirements in the KCSWDM and Federal Way Addendum
may be granted, provided that the adjustment will:
A. Produce a result comparable to that which would be achieved by
satisfaction of the KCSWDM and Federal Addendum requirements, and
which is in the public interest, AND
B. Meet the objectives of safety, function, appearance, enyironmental
protection, and maintainability based on sound engineering judgment.
When an applicant demonstrates to the Director's satisfaction that meeting either
the KCSWDM and Federal Way Addendum requirements, or the requirement to
produce a comparable result, will deny an applicant all reasonable use of his or her
property, the applicant shall implement the best practicable alternative that achieyes
the spirit and intent of the requirement, as determined by the Director. Public Works
staff shall provide recommendations to the director on the best practicable alternative
to be required.
Any adjustment that would conflict with the requirements of any other Chapter of
the Federal Way City Code must first be reviewed and approved by the department
responsible for administration of that chapter.
Section 21-21. Experimental Design Adjustments.
Adjustments utilizing an experimental water quality facility or flow control
facility may be approved by the Director on a limited basis if the following criteria are
met:
A. The new design is likely to meet the identified target pollutant
removal goal or flow control performance based on performance data
and theoretical considerations, AND
B. Construction of the facility can, in practice, be successfully
carried out, AND
C. Maintenance considerations are included in the design, and costs
are not excessive or are borne and reliably performed by the applicant
or property owner, AND
D. The applicant or property owner contributes a share of the cost of
monitoring to determine facility performance.
ORD # 99-352, Page -30
The Director may condition approyal of an experimental design adjustment upon the
applicant's agreement to reserve sufficient land area and post a bond or other
financial guarantee satisfactory to the Director, for construction of a conyentional
facility should the experimental facility fail. The Director may approve release of the
set aside area and financial guarantee upon proof of operation of the experimental
facility to the satisfaction of the Director.
Section 21-22. Adjustment Application and Review Process.
A. Timing. Requests for standard and complex adjustments will be
accepted only for permits pending approval or approved permits that
haye not yet expired. Applications for preapplication adjustments and
experimental design adjustments may be submitted prior to permit
application if the applicant provides justification at a preapplication
meeting with Public Works that an adjustment decision is needed to
determine the viability of the proposed project. There is no application
process for blanket adjustments because they are initiated and issued
solely by the City.
B. Submission of Application. The completed adjustment request
application forms must be submitted to the Director, along with
sufficient engineering information (described in Chapter 2 of the
KCSWDM and Federal Way Addendum) to eyaluate the request. The
application shall identifY the specific requirement for which the
adjustment is sought.
C. Review of Application. The Director or his or her designee will
review and either approye or deny the adjustment request in writing
following the Director's determination that all necessary information
has been received from the applicant. Approvals of standard and
complex adjustments will expire upon expiration of the permit to which
they apply. Approyals of preapplication adjustments will expire one
year after the approval date, unless a complete permit application is
submitted and accepted.
D. Blanket adjustments. Blanket adjustments may be issued by the Director
based on:
1. A previously approved standard, complex, preapplication, or
experimental design adjustment and supporting documentation,
AND
2. Information describing the need for the blanket adjustment.
Typically, blanket adjustments should apply globally to design or
procedural requirements and be independent of site conditions.
Section 21-23. Appeal Procedure.
A. Appeal procedure. The applicant may appeal the denial or approval
conditions of an adjustment request by submitting a formal letter to the
Director within 15 working days of the decision. This letter must include
ORD # 99-352, Page -31
justification for reyiew of the decision, along with a copy of the adjustment
request with the conditions (if applicable) and a listing of all previously
submitted material. The department director shall respond to the applicant in
writing within 15 working days; this decision shall be final and not subject to
subsequent appeal, either independently or as part of an appeal of overall
project land use or building permit approval. A per-hour review fee will be
charged to the applicant for the Director's review of an appeal.
B. Director's Decision on Appeal. The Public Works Director or designee may
grant an exception from the adjustment denial or approyal conditions provided
that the Director finds that the request satisfies the following criteria:
1. The exception provides equivalent environmental protection
and is in the oyerriding public interest; and that the objectives of
safety, function, environmental protection and facility
maintenance, based upon sound engineering, are fully met;
2. That there are special physical circumstances or conditions
affecting the property such that the intent of the Core and Special
Requirements has been met;
3. That granting of the exception will not be detrimental to the
public health and welfare, nor injurious to other properties in the
vicinity and/ or downstream, and to the quality of waters of the
state; and
4. The exception is the least possible exception that could be
granted to comply with the intent of the Core and Special
Requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply.
ARTICLE III. Operations and Maintenance.
Division 1. Generally
Section 21-24. Purpose.
The provisions of this article are intended to:
A. Provide standards and procedures for inspection and maintenanceof
stormwater facilities in Federal Way to provide for an effective, functional
stormwater drainage system.
B. Authorize the Federal Way Public Works Department to require that
stormwater facilities be operated, maintained and repaired in conformance with
this Ordinance.
C. Establish the minimum level of compliance which must be met.
ORD # 99-352, Page -32
D. Guide and adyise all who conduct inspection and maintenance of
stormwater facilities.
E. Event harmful materials from leaking, spilling, draining, or being
dumped into any public or private stormwater system.
Section 21-25. Adoption of State Statutes and Regulations.
The following state statutes and administrative regulations are hereby adopted
by this reference as if set forth in full, to the extent necessary to interpret and
implement this chapter:
RCWs
43.20
70.95
70.105
90.48
90.54
90.70
WACs
173-200
173-20 lA
173-216
173-220
173-204
173-303
173-304
173-340
246-290
Title
Drinking Water
Dangerous and Solid Waste
Dangerous Waste, MTCA, Sediment Standards
Ground Water, Surface Water, Sediment
Ground Water
Sediment
Title
Water Quality Standards for Ground Waters of the State of
Washington
Water Quality Standards for Surface Waters of the State of
Washington
State Waste Discharge Permit Program
National Pollutant Discharge Elimination System Permit Program
Sediment Management Standards
Dangerous Waste Regulations
Minimum Functional Standards for Solid Waste Handling
The Model Toxics Control Act Cleanup Regulation
Public Water Supplies
Division 2. Ownership, Operation and Maintenance Requirements.
Section 21-26. Ownership of Stormwater Facilities.
ORD # 99-352, Page -33
A. Public Stormwater Facilities.
1. Stormwater Facilities in Rights-of-Way or Dedicated Easements or
Tracts. The City of Federal Way shall own, operate and maintain all
elements of the storm drainage system in the right-of-way and in
easements or tracts granted or dedicated to, and accepted by, the City of
Federal Way.
2. Existing Stormwater Facilities on Private Property. The City of
Federal Way will not acquire or accept (via dedication, grant of easement,
or other conyeyance) existing components of the stormwater conyeyance
system located on private property, except when the components are
needed for City of Federal Way construction projects identified in the
Capital Facility Plan or annual Capital Improvement Program.
3. New Stormwater Facilities. The City of Federal Way will
acceptownership and responsibility for new retention / detention
systems (via dedication, grant of easement, or other conveyance) only if
all of the following conditions are met:
a.
Public ownership of the system will provide a public benefit;
b.
An easement or dedication of the property is offered by the
property owner at no cost;
c.
The system meets City standards;
d.
There is access for City of Federal Way maintenance from a
public right-of-way;
e.
The City of Federal Way has adequate resources to maintain
the system; AND
[
The system serves a subdivision (as opposed to a short plat
or commercial property).
B. Private Stormwater Facilities. Stormwater systems located on private
property shall be the responsibility of the owner to operate, inspect, maintain
and improve.
Section 21-27. Maintenance Responsibility.
A. Generally.
All stormwater facilities shall be maintained in accordance with this
Ordinance and the Federal Way Stormwater System Operation and Maintenance
Manual. Drainage facilities shall be maintained so that they operate as intended.
Systematic, routine preventive maintenance is preferred.
ORD # 99-352, Page -34
B. Public Stonnwater Facilities.
The responsibility of the City of Federal Way shall be limited to maintenance
and operation of the City of Federal Way stonnwater system, and the City of Federal
Way assumes no responsibility for maintenance and operation of private systems.
C. Private Stonnwater Facilities.
Property owners are responsible for the maintenance, operation or repair of
stormwater drainage systems and BMPs. Property owners shall maintain, operate and
repair these facilities in compliance with the requirements of this Ordinance and the
Federal Way Stormwater System Operation and Maintenance Manual.
D. New Subdivisions and New Short Plats
In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the face of the subdiyision or short plat.
E. Existing Subdivisions and Existing Short Plats
If a priyate drainage facility serves multiple lots and the responsibility for
maintenance has not been specified on the subdivision plat, short plat or other legal
document, maintenance responsibility shall rest with the homeowners association, if
one exists, or otherwise with the owners of the properties served by the facility. If
owners of the properties served by the facility cannot be located, maIntenance
responsibility shall rest with the owner(s) of the property on which the facilities are
located.
Section 21-28. Minimum Maintenance Standards
The following are the minimum standards for the maintenance of stormwater
facilities:
A. All stonnwater facilities shall be inspected at regular intervals and
maintained and repaired in accordance with the Federal Way
Stonnwater System Operation and Maintenance Manual, the approved
designs for stonnwater facilities, stonnwater permits which may be
issued by the City of Federal Way, the State Department of Ecology, or
the Environmental Protection Agency (EPA), applicable construction
standards, and the minimum requirements as stated in the
Stonnwater Management Manual
B. Where maintenance and repair is necessary to correct health or
safety problems, to prevent harmful materials from entering the
stonnwater system, or to remove harmful materials that have entered
the stonnwater system, such work shall be completed by the owner or
operator of the stormwater system or stormwater facility within 24
hours of discovery of the need for maintenance or repair. When
maintenance and repair is found necessary to prevent water quality
degradation, such work shall be completed within 14 calendar days of
discovery of the need for maintenance or repair. For other related
ORD # 99-352, Page -35
problems, maintenance or repairs shall be completed within 30
calendar days of discovery or repair.
C. Where lack of maintenance is causing or contributing to' a water
quality problem, immediate action shall be taken to correct the
problem. Within I month, the director shall revisit the facility to
assure that it is being maintained.
D. Should the public works director have reasonable cause to believe
that the situation at a private stormwater facility is so adverse or
hazardous so as to preclude written notice, he or she may take the
measures necessary to eliminate the hazardous situation, provided
that he or she shall first make a reasonable effort to locate the owner
before acting. In such instances the owner of the property and/ or the
person responsible for the maintenance of the facility shall be obligated
for the payment of all costs incurred. If costs are incurred and a bond
pursuant to this chapter or other city requirement has been posted,
the public works director shall have the authority to collect against the
bond to cover costs incurred.
E. Illicit discharges to the stormwater system are prohibited, unless
such discharges are authorized in accordance with Chapter 173-216
WAC (State Waste Discharge Permit Program) or Chapter 173-220 WAC
(National Pollutant Discharge Elimination System Program).
F. Harmful and prohibited materials, as defined in this chapter, shall
not be allowed to enter any stormwater system. All such substances
shall be stored, handled and disposed in a manner that will preyent
them from entering the stormwater system. Further, storage, handling
and disposal shall be conducted in accordance with Chapters 173-304
and 173-303 WAC.
Section 21-29. 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.
Division 3. Administration and Enforcement.
Section 21-30. Inspection Program.
A. Program
The Director is shall develop and implement a program and procedures for the
regular inspection of all public and private stormwater facilities in Federal Way. As
part of that program, or whenever there is probable cause to believe that a violation of
this chapter or article has been or is being committed, the Director (or his or her
designated inspector) is authorized to inspect all public and private portions of the
ORD # 99-352, Page -36
stormwater drainage systems within Federal Way during regular working hours and at
other reasonable times to determine compliance with the provisions of this chapter.
B. Schedule
As part of the inspection program, the Director shall establish a master
inspection and maintenance schedule. Inspections shall be annual, at a minimum.
Critical stormwater facilities may require a more frequent inspection schedule. If,
during an inspection, a facility is found not to be in compliance with the standards
described in the Federal Way Stormwater System Operation and Maintenance
Manual, all subsequent inspection and maintenance intervals shall be scheduled
more frequently if determined by the Director to be necessary in order to assure
future compliance. If, during the course of the inspection program, additional existing
stormwater facilities are discoyered, they shall be added to the master inspection and
maintenance schedule.
Section 21-31. Entry to Stonnwater Facilities.
Prior to making any inspections, the inspector shall present identification
credentials, state the reason for the inspection and request entry.
A. If the property or any building or structure on the property is
unoccupied, the inspector 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.
B. If after reasonable effort, the inspector is unable to locate the owner
or other person(s) haYing charge or control of the property, and has
reason to belieye the condition of the stormwater drainage system
creates a risk of imminent harm to persons or property, the inspector
may enter.
C. If entry is not consented to by the owner or person(s) in control of
the property or portion of the property, and no conditions are
reasonably believed to exist which create a risk of imminent harm, the
inspector shall obtain a search warrant prior to entry. To the extent
authorized by the laws of the State of Washington, the Federal Way
Municipal Court is hereby authorized to issue a warrant permitting the
inspection of priyately owned storm water facilities, upon a showing of
probable cause to belieye that a provision of this chapter has been or is
being violated.
D. The inspector may also inspect the stormwater drainage system
without obtaining a search warrant provided for in Subsection C above,
provided the inspection can be conducted while remaining on public
property or other property on which permission to enter is obtained.
E. In the event any person, whose property has previously been
provided with utility fee credits for on-site water quantity/quality
control, refuses to allow the Director to inspect said facility or commits
a violation of this Ordinance, the Director shall cancel the water
ORD # 99-352, Page -37
quality/quantity credits for said property accordingly. Whenever the
Director shall make such an adjustment, a notice and order of
adjustment shall be mailed to the owner of said property by certified
and regular mail. The notice shall be deemed receiyed when signed for
by the owner, or, if the owner fails or refusès to sign for the notice
within the time provided by the postal service, within three days of
mailing. The owner may request the Director to reconsider the notice
and order by f1ling a request for such reconsideration within 10 days of
receipt of the notice. The Director's decision on any such
reconsideration shall be final and not subject to further appeal.
F. In the eyent any person, whose property has previously been
provided with a reduced intensity of deyelopment classification as the
result of the existence of a detention facility on said property, refuses
to allow the Director to inspect said detention facility or commits a
violation of this Ordinance, the Director may adjust the intensity of
development classification for said property and the billing rate for said
property. Wheneyer the Director shall make such an adjustment, a
notice and order of adjustment shall be mailed to the owner of said
property by certified and regular mail. The notice shall be deemed
received when signed for by the owner, or, if the owner fails or refuses
to sign for the notice within the time provided by the postal service,
within three days of mailing. The owner may request the Director to
reconsider the notice and order by filing a request for such
reconsideration within 10 days of receipt of the notice. The Director's
decision on any such reconsideration shall be final and not subject to
further appeal.
Section 21-32. Inspection and Maintenance Records.
A. Records for New Facilities
Records of new pu blic or priyate stormwater facilities shall include the following:
1.
As-built plans and locations.
2. Findings of fact for any exemption granted by the City of
Federal Way.
3. Operations and maintenance requirements and records of
inspections, maintenance actions and frequencies.
4. Engineering reports, if prepared prior to or during
construction of the facility.
B.
Records for Existing Facilities
Upon the request of the Director, all owners of existing storm drainage
systems shall provide the Director with all inspection, maintenance and repair
records for their facilities, as well as any existing record drawings or diagrams
of their storm drainage systems.
ORD # 99-352, Page -38
Section 21-33. Reporting.
Th'e Director shall report annually to the Federal Way City Council about the
status of t~ inspections. The ann1¡1a: report may include, but need not be limited to,
the portions'of the components found in and out of compliance, the need to upgrade
components, enforcement actions taken, compliance with the inspection schedule, the
resources needed to comply with the schedule, and comparisons with previous years.
Section 21-34. Enforcement.
The Director shall enforce this article using FWCC Chapter 1, Article III, Civil
Enforcement of Code. Ciyil enforcement is in addition to, and does not limit any other
forms of enforcement available to the City including, but not limited to, criminal
sanctions or other remedies as specified herein or in FWCC Chapter 1, Articles II - III,
nuisance and injunction actions, or other civil or equitable actions to abate,
discontinue, correct or discourage unlawful acts in violation of this chapter.
Article IV. Water QuaUty
Division 1. Generally
Section 21-35. Purpose
The purpose of this article is to protect the City's surface and ground water
quality by providing minimum requirements for reducing and controlling the
discharge of contaminants from commercial, industrial, governmental, agricultural,
residential and other land use activities in Federal Way. The City Council recognizes
that water quality degradation can result directly from one discharge or through the
collective impact of many small discharges. Therefore, this chapter requires the
implementation of the best known, available, and reasonable management practices
to prevent the contamination of stormwater, surface water, and ground water.
In addition, the City Council also recognizes the importance of maintaining
economic Yiability while providing necessary environmental protection. An additional
purpose of this chapter it to assist in the achievement of both goals.
Division 2. Discharges Into Federal Way Waters and Storm Drainage Systems
Section 21-36. illicit Connections.
No person may connect a conveyance system which was not constructed or intended
to convey precipitation runoff, or which has been conyerted from such usage to another
use, to a storm drainage system or groundwater infiltration system; except that the
following connections or discharges may be made:
A. Allowable discharges as defined below
B. Discharges authorized by a NPDES or State Waste Discharge Permit
ORD # 99-352, Page -39
C. Connections conveying effluent from an approved onsite sewage
disposal system to its drainfield.
Section 21-37. Prohibited Discharges
It is unlawful for any person to discharge contaminants into surface and storm
water, ground water, or Puget Sound. 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, heating oil
D. Antifreeze and other automotive products
E. Metals in either particulate or dissolved form
F.
Flammable or explosiye materials
G. Radioactive material
H. Batteries
I.
Acids, alkalis, or bases
J.
Paints, stains, resins, lacquers, or yarnishes
K. Degreasers and/or solvents
L.
Drain cleaners
M. Pesticides, herbicides, or fertilizers
N.
Steam cleaning wastes
O. Soaps, detergents, or ammonia
P.
Swimming pool or spa filter backwash
Q. Chlorine, bromine, or other disinfectants
R.
Heated water
S.
Domestic animal wastes
T.
Sewage
U. Recreational vehicle waste
ORD # 99-352, Page -40
V. Animal carcasses
W. Food wastes
x.
Bark and other fibrous materials
Y.
Collected lawn clippings, leaves, or branches
z.
Silt, sediment, or grayel
AA. Dyes (except as described below under "Allowable Discharges")
BB.
Chemicals not normally found in uncontaminated water
CC. Any other process associated discharge except as otherwise allowed in
this section
DO.
Any hazardous material or waste not listed above.
Section 21-38. Allowable Discharges.
Subject to provisions of the BMP Manual, the following types of discharges
shall not be considered prohibited discharges for the purpose of this chapter unless
the Director determines that the type of discharge, whether singly or in combination
with others, is causing pollution of surface and storm water or ground water:
A. Potable water including water from water line flushing and hydrant
maintenance
B. Uncontaminated water from crawl space pumps or footing drains
C. Lawn watering
D. Dechlorinated swimming pool water
E. Materials placed as part of an approved habitat restoration or bank
stabilization project
F.
Natural uncontaminated surface water or ground water
G. Flows from riparian habitats and wetlands
H.
Common practices for water well disinfection
1. Discharges resulting from diffuse or ubiquitous sources such as atmospheric
deposition
J. Discharges resulting from dye testing authorized by the Director
K. Discharges which result from emergency response activities or other actions
that must be undertaken immediately or within a time too short to allow full
ORD # 99-352, Page -41
compliance with this chapter so as to avoid an imminent threat to public health
or safety (The Director may further define qualifying activities in administratiye
guidance. The person responsible for said emergency response activities shall
take all necessary ste'ps tÇ> ensure that the discharges resulting from such
actiyities are minimized and ènsure that future incidents are preyented to the
greatest extent possible.)
L. Other types of discharges as determined by the Director
Division 3. Best Management Practices.
Section 21-39. Stormwater Pollution Control Manual.
A. General. The King County Stormwater Pollution Control Manual (BMP
Manual), adopted in Sections 21-10 and 21-11 aboye, apples to existing
facilities and activities and to new development activities not coyered by the
King County Surface Water Design Manual (KCSWDM) and Federal Way
Addendum to the KCSWDM. The BMP manual describes the types of regulated
activities, the types of contaminants generated by each actiyity, the
contaminant's affect on water quality, the required source control BMPs, and
the ayailable treatment BMPs. The BMP Manual includes information on
design, maintenance, allowable use of altemative BMPs, and a schedule for
BMP implementation.
B. Priority of BMP Implementation. In applying the BMP manual, the Director
hall first require the implementation of source control BMPs unless the BMP
manual specifically requires treatment aMPs. If source control BMPs (or
treatment BMPs if required by the BMP Manual) do not preyent contaminants
from entering surface and storm water or ground water, the Director may
require implementation of additional source control BMPs and/or treatment
BMPs according to AKART.
C. Prevention of pollution of Surface and Ground Waters. BMPs shall be
applied as required herein, so that when all appropriate combinations of
individual BMPs are utilized, pollution of surface or ground waters is
prevented. If all BMPs required herein, or by the Director are applied, and
pollution still occurs, the discharger shall modify existing practices or apply
further water pollution control measures, as specified by the Director. In the
absence of implementation of applicable BMPs, the Director shall be authorized
to conclude that individual activities are causing pollution in violation of this
article, and shall be authorized to enforce this article accordingly.
D. Technical Assistance. The Federal Way Surface
Division will provide, upon reasonable request, available
materials and information, and information on outside
options, to persons required to comply with this chapter.
Water Management
technical assistance
financial assistance
ORD # 99-352, Page -42
Section 21-40. Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as
required by this chapter or under the authority of another program. Notwithstanding
the requirements of Section 21-39, implementation of BMPs prescribed by this article
is not required when:
A. Alternatiye BMPs are being implemented pursuant to another federal, state,
or local program, unless the Director determines the alternative BMPs will not
prevent or sufficiently reduce the discharge of contaminants. If the other
program permitting alternative BMPS requires the development of a best-
management-practices plan, the person shall, upon request and at no cost to
the City, provide the Director a copy of the BMP Plan within five days of the
request;
B. A general or individual NPDES permit for storm water discharges has been
issued by the Washington State Department of Ecology for the property or
activity in question, and the NPDES permit includes a water quality pollution
control plan; unless the Director determines that the plan is not being
implemented or that implementation of the water quality pollution control plan
will not prevent or sufficiently reduce the discharge of contaminants.
C. A farm management plan approyed by the Director is being implemented
and maintained according to the plan;
D. A general or individual NPDES permit for commercial dairy operations has
been issued by the Washington State Department of Ecology;
E. An approved Forest Practices Application has been approyed by the
Washington State Department of Natural Resources for forest practices, with
the exception of forest practices occurring on lands platted after January 1,
1960, or on lands being converted to another use, or regulatory approval has
otherwise been issued by the City of Federal Way or other local government
under RCW 76.09.240;
F. The Director is authorized to and has issued an exemption from BMP
requirements under another provision of this chapter.
Division 4. Enforcement
Section 21-41. Enforcement.
A. Violations.
Notwithstanding the requirements of Sections 21-36 - 21-39, if a person has
properly designed, constructed, implemented, and is maintaining BMPs according to
the BMP Manual, is canying out AKART as required or approved by me Director,
and/or has modified existing practices as specified by the Director, and contaminants
continue to enter surface and storm water or ground water; or the person can
demonstrate that there are no additional contaminants being discharged from the site
ORD # 99-352, Page -43
above the background conditions of the water entering the site, then that person shall
not be in violation of this article. Said person howeyer, remains liable for any
prohibited discharges through illicit connections, dumping, spills, improper
. maintenance of BMPs, or other dircharges in violation of this article that allow
contaminants to enter surface and storm water or ground water. .
B. Additional Guidance
The Director, in consultation with other departments of Federal Way
government, may develop and implement additional guidance information which
describes the goals, objectives, policies, and procedures for a water quality
investigation and enforcement program. These procedures will describe how the City
will inyestigate and respond to reports or instances of noncompliance with this
chapter and shall identifY by title the official(s) responsible for implementing the
enforcement procedures.
C. Inspections
The Director may observe BMPs or examine and/or sample surface and storm
water or ground water as often as may be necessary to determine compliance with
this chapter. The Director or his or her designee is further authorized, as set forth in
Sections 21-30 and 21-31 above, to enter in or upon any public or private property for
the purpose of inspecting and investigating conditions relating to the pollution of or
the possible pollution of surface and/or ground waters. Wheneyer an on-site
inspection of a property is made, the fmdings shall be recorded. A copy of the
inspection findings shall be furnished to the owner or the person in charge of the
property after the conclusion of the investigation and completion of the inspection
findings.
D. Sampling and Analysis
Whenever the Director determines that there that any person has violated or is
violating the provisions of this article, the Director may require the person responsible
for the violation to sample and analyze any discharge, surface and storm water,
ground water, and/or sediment, in accordance with sampling and analytical
procedures or requirements determined by the Director. A copy of the analysis shall
be provided to the Federal Way Surface Water Management Division.
E. Enforcement.
If the Director determines that a violation has been committed, the Director
shall enforce this article using FWCC Chapter I, Article III, Civil Enforcement of Code.
Civil enforcement is in addition to, and does not limit any other forms of enforcement
available to the City including, but not limited to, criminal sanctions or other
remedies as specified herein or in FWCC Chapter I, Articles II - III, nuisance and
injunction actions, or other civil or equitable actions to abate, discontinue, correct or
discourage unlawful acts in violation of this chapter.
ORD # 99-352, Page -44
F. Summary Abatement
In addition to the remedies specified by Chapter 1, Article III, Civil Enforcement
of Code, when eYer any violation of this article causes or creates a condition, the
continued existence of which constitutes an immediate and emergent threat to the
public health, safety or welfare or to the environment, the Director may summarily
and withòut prior notice abate the condition. Notice of such abatement, including the
reason for it, shall be giyen to the person responsible for the violation as soon as
reasonably possible after the abatement. The costs of such summary abatement shall
be recoyerable via procedures for recovery of abatement costs as set forth in Chapter
1, Article III, Civil Enforcement of Code.
Section 4.
Severabilitv. The provisions of this ordinance are declared
separate and severable.
The invalidity of any clause, sentence, paragraph,
subdivision, section, or portion of this ordinance or the invalidity of the application
thereof to any person or circumstance, shall not affect the Yalidity of the remainder of
the ordinance, or the validity of its application to other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is hereby ratified and affirmed.
Section 6.
Effectiye Date.
This ordinance shall take effect and be in
force five (5) days from and after its passage and publication, as provided by law.
of
PASSED by the City Council of the City of Federal Way this
Novemher , 192!L.
I lith
day
CITY OF FEDERAL WAY
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v
MA YOR, RON GINTZ
ORD # 99-352
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ATTEST:
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CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~. r-------
. f, '
CITY ATTORNEY, LONDI K. LINDELL
FILED WITH THE CITY CLERK: 11/01/99
PASSED BY THE CITY COUNCIL: 11/16/99
PUBLISHED: 11/20/99
EFFECTIVE DATE: 11/25/99
ORDINANCE NO. 99-352
K:\ORDIN\swmord
ORD # 99-1~2
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