The City of Kent has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Kent is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Kent will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Kent, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Kent has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
The city is intent and creative, while complying with standards and law, in preparing and executing the Stormwater Management Program (SWMP) Plan that is utilized as guidance and reporting both internally and externally. The city also collaborates and coordinates within and throughout city management departments, as well as with other permittees to accomplish the SWMP Plan. This SWMP plan is generally organized to follow and address the five required components outlined in S5 of the permit.
1. Public Education and Outreach (S5.C.1)
2. Public Involvement and Participation (S5.C.2)
3. Illicit Discharge Detection and Elimination (S5.C.3)
4. Controlling Runoff from New Development, Redevelopment and Construction
Sites (S5.C.4)
5. Municipal Operations and Maintenance (S5.C.5)
S5.C.7.b.i.a – Enforceable Mechanism to Identify Responsible Parties
The city utilizes code and standards (refer to S5.C.6.a) as enforceable mechanisms to identify responsible parties for maintenance of constructed stormwater treatment and flow control BMP’s/facilities, and establish enforcement procedures. Per the 2017 City of Kent Surface Water Design Manual and Kent Design and Construction Standards, an executed declaration of stormwater facility maintenance covenant shall exist for all privately owned and maintained stormwater treatment and flow control BMP’s/facilities. The covenant identifies the party responsible for maintenance and inspection of stormwater facilities, and also allows right-of-entry for city inspectors. In the absence of a covenant, the city may establish maintenance responsibilities through other legal documentation and means.
S5.C.7.b.i.b – Maintenance Inspection Frequency
Annual inspections will be completed for all stormwater treatment and flow control BMPs/facilities that discharge into the MS4 and were permitted according to the permitting process (refer to S5.C.6.c). Inspection frequency will be performed annually unless there are maintenance records to justify a different frequency. Inspections of all new permanent stormwater treatment and flow control BMPs/facilities and catch basins in new residential developments shall be inspected every 6 months until 90% of the lots are constructed (or when construction is stopped, and the site is fully stabilized) to identify maintenance needs and enforce compliance with maintenance standards as needed.
All inspection visits and outcomes are documented and recorded. Pursuant to permit obligations, no less than 80% of scheduled compliance inspections shall be completed during this permit period.
7.05.080 Inspection of Private Drainage Facilities
A. The director is authorized to establish inspection programs to ensure compliance with the requirements of this chapter and to accomplish its purposes. Inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other pollutant or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of pollutant or pollutants; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; screening for or tracking illicit discharges or illicit connections; and evaluating the condition of drainage control and water quality facilities and other best management practices, including those located on private property.
7.05.100 Entry onto Premises
With the consent of the owner of any premises, through permissions granted or pursuant to a lawfully issued warrant, public works department staff may enter any premises at any reasonable time to perform the duties imposed by this chapter. No consent, warrant, or permission is required to enter those areas open to the public generally or to which no reasonable expectation of privacy exists.
7.05.200 Violations and Enforcements- Penalties
A. Recovery of costs incurred by the city. In addition to any penalty provided for in subsections (B) through (D) of this section, a person who violates any of the provisions of this chapter shall be liable for all costs incurred by the city as a result of the violation. The city will issue an invoice to the person responsible for the violation advising him or her of the amount of costs incurred by the city as a result of the violation. The person to whom the invoice was directed must respond within 14 calendar days of the date the invoice is served upon that person by: (1) paying the invoice, (2) requesting a hearing before the city’s hearing examiner to mitigate the amount of the invoice, or (3) requesting a hearing before the city’s hearing examiner to contest the amount of the invoice. Failure to timely respond shall result in the invoice being deemed valid and the city may seek collection of the invoice through the process provided for in Chapter 3.10 KCC, including the use of a collection agency. Payment of any invoice issued shall not alleviate the person responsible for the violation from complying with this chapter.