Res 97-251
RESOLUTION NO. 97-251
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AUTHORIZING AN
INSPECTION PROGRAM FOR PRlVATELY-OWNED SURFACE
AND STORM WATER FACILITIES
WHEREAS, the Puget Sound Water Quality Management Plan requires cities "to develop
and enforce operation and maintenance programs and ordinances for new and existing public and
private storm water systems," and to maintain records of public and private storm drainage
systems; and
WHEREAS, the Federal Water Pollution Control Act, 33 U.S.C. Section 1271 et seq.
("Clean Water Act") requires cities to control the quality of storm water runoff; and
WHEREAS, Federal Way City Code ("FWCCj Section 21-89 states that "the maintenance
of all drainage facilities constructed or modified by a project is the responsibility of the owner";
and
WHEREAS, FWCC Sections 21-28 and 21-67 adopt by reference the King County Surface
Water Design Manual, which identifies operation and maintenance standards applicable to all
surface and storm water facilities, including privately-owned facilities; and
WHEREAS, FWCC Section 21-47 further provides that "the Public Works Director is
authorized to make such inspections and take such actions" as may be required to enforce the
provisions of the Chapter 21 of the FWCC and the Surface Water Design Manual; and
WHEREAS, within the Federal Way city limits there are approximately 380 parcels
containing 475 individual, privately-owned storm and surface water facilities; and
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WHEREAS, the 475 privately-owned storm and surface water facilities consist of, among
other things, storm water catch basins, manhole control structures, detention/retention ponds
and/or pipes, oil/water separators, underground concrete drainage vaults, and related piping
systems; and
WHEREAS, in order to insure that the requirements of the Puget Sound Water Quality
Management Plan, the federal Clean Water Act, and the Federal Way City Code are met; that
water flow structures remain operational; and that trapped sediment is removed as needed, the
City must periodically inspect privately-owned surface and storm water facilities and determine
whether maintenance is necessary; and
WHEREAS, the Federal Way Department of Public Works has developed criteria for
selection of drainage basins within which inspection of privately-owned drainage facilities is
required; and
WHEREAS, the criteria are based upon the magnitude and quantity of past flooding;
existing water quality; existing stream bank protection and erosion control features; the potential
for coordination of inspection of privately-owned drainage facilities with ongoing public drainage
projects; the number and frequency of complaints from property owners located downstream from
the privately-owned drainage facilities; existing and/or proposed land use and aesthetics; and the
ability for owners of private drainage facilities to eliminate detention structures and convert to
water quality facilities; and
WHEREAS, based on these criteria, the Department of Public Works has identified Basin
No. West Hylebos 03 as the first basin to be selected; and
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WHEREAS, Basin No. West Hylebos 03 lies roughly between 356th on the south, 341st
on the north, Pacific Highway on the west side, and Interstate 5 on the east; and
WHEREAS, as the inspection program proceeds, the Department of Public Works will
identify additional basins for inspection, prioritized according to the criteria id~tified above;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
DOES HEREBY RESOLVE AS FOLLOWS:
Section I Inspecnon PmV3m. The program for inspection of privately-owned
surface and storm water facilities developed by the Department of Public Works shall be and
hereby is approved. The Director of Public Works and/or his designees are authorized to begin
inspecting privately-owned facilities in Basin No. West Hylebos 03, and to proceed with
inspections in other drainage basins identified as priorities according to the criteria developed by
the Department.
Section 2 Corrective Action And/Or Maintenanœ. 1be Directdr of Public Works
and/or his designees shall determine, based on the inspections authorized in Section 1 above,
whether the privately-owned facilities meet the standards of FWCC Chapter 21 (including the
standards contained in the Surface Water Design Manual) for operation and maintenance. If the
facilities do not meet such standards, the Director and/or his designees shal1 issue notices requiring
the owner of the property on which the facility is located, the person to whom the permit for
construction of the facility was issued, or the person responsible for maintenance of the facility
or the property on which it is located to take corrective action or perform any maintenance
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97-251
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necessary to achieve compliance with FWCC Chapter 21 (including the standards contained in the
Surface Water Design Manual).
Section 3 Ace...... to and Enl1:y Upon Prope~. Prior to entering onto private
property to carry out the inspection program approved in Section 1 above, the Director and/or his
designees shall first make a reasonable effort to locate the owner or other person having charge
or control of the premises or portion thereof, and obtain consent to access to and entry upon the
property; provided however, that such effort shall not be required in the event the Director
determines there is an imminent threat-to the public health, safety or welfare. If access or entry
is refused, the Director and/or his designees shall have recourse to every legal remedy provided
by this Code and any other Washington State laws to obtain entry, including but not limited to the
ability to apply to the Federal Way District Court or the King County Superior Court for an
administrative search warrant.
Section 4 Reoolntion SllPplemental. The approval and authority granted by this
resolution shall be in addition to, and shall supplement, those powers and authorities granted by
the Federal Way City Code, including but not limited to those powers granted by FWCC Sections
21-47,21-48,21-49 and 21-117. Nothing in this resolution, however, shall be deemed to require
the City of Federal Way to perform maintenance on privately-owned surface or storm water
facilities; pursuant to FWCC 21-89, maintenance of private1y-owned facilities remains the
responsibility and expense of the owner.
Section 5 Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
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invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this resolution.
Section 6 Effective Date. This resolution shall be effective immediately.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this L£;t!::-daY of ~iLllO ,1997.
CITY OF FEDERAL WAY
. '2!?LLJ/~
MAYOR, MAHLON S. PRIEST
ATTEST:
?7 CfL:;L£v!L. -
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
~~~~
FILED WITH THE CITY CLERK: 05-06-97
PASSED BY THE CITY COUNCIL: 05-06-97
RESOLUTION NO. 97-251
K:IItI3SOIDRA1NINS
RES # 97-251
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