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)
Kent verifies long-term operation and maintenance (O&M) of permanent stormwater treatment and flow control BMP’s/facilities through enforceable mechanism and standards.
S5.C.4.c.i – Enforceable Mechanism to Identify Responsible Parties
The city utilizes code and standards (refer to S5.C.4.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 City of Kent Surface Water Design Manual, 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 covenantidentifies 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.4.c.ii – Maintenance Standards
Kent’s maintenance standards (refer to S5.C.4.a) are equivalent to or exceed those specified in Chapter 4 of Volume V of the 2012 Stormwater Management Manual for Western Washington. For facilities for which no maintenance standards exist, thecity shall develop maintenance standards.
S5.C.4.c.iii; iv; and v – 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.4.b). Inspection frequency will be performed annually unless there are maintenance records to justify a different frequency.
Furthermore, 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.
S5.C.4.c.vi – Maintenance Performance Timelines
When an inspection identifies an exceedance of the maintenance standard, maintenance will be performed:
Maintenance inspection frequency will be performed according to the schedules above unless there are maintenance records to justify a different frequency. For each exceedance of the above time frames for maintenance Kent will document the circumstances and remedy.
S5.C.4.c.vii – Record Keeping
All inspections, maintenance activities, and enforcement actions by staff will be documented, recorded, and maintained.
The Kent City Code is current through Ordinance 4120, passed August 19, 2014.
7.05.010 Purpose.
A. The city finds that all real property in the city contributes run-off to the common drainage problem, and that all real property in the city benefits from the storm and surface water utility system in the city.
B. The city finds that the intensity of development on all parcels of real property, as measured by the square footage of impervious surface area, is an appropriate basis for determination of an individual parcel’s contribution to the problem of storm and surface water run-off.
C. The city finds that each owner of a parcel of real property within the city should pay for his share of the cost of constructing, operating, maintaining, repairing, improving and replacing drainage facilities in proportion to the amount of run-off contributed to the drainage system beyond that which would occur if the parcel were in its natural state.
7.05.040 Storm and surface water utility created.
There is hereby created and established a storm and surface water utility of the city. The city elects to exercise all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of, the storm and surface water system described in KCC 7.05.050 as the same may hereafter be added to, bettered or extended within or without the present and future limits of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rate, charges and conditions for the use thereof.
(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.020)
7.05.074 Construction standards.
All storm and surface water systems, whether public or private, shall be installed in strict accordance with specifications contained in any existing city ordinance or code and any construction standards or international or uniform codes that the city either has adopted or adopts in the future. All construction and maintenance of those systems shall be subject to the inspection by the director or his or her designee.
(Ord. No. 3400, § 1, 4-21-98; Ord. No. 3690, § 6, 5-4-04)
7.05.077 Storm drainage system construction must comply with chapter.
When any storm and surface water system, whether upon private property or upon the city’s right-of-way, is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may be adopted in the future, or where the director determines that a storm and surface water system is obstructed, broken, or inadequate and is a menace to health, or is liable to cause damage to public or private property, the director shall give notice of that condition to the owner, agent, or occupant of the property in which the condition exists. If the owner, agent, or occupant refuses to construct, relay, reconstruct, or remove the obstruction from the storm and surface water system within the time specified in that notice, the director may perform all necessary work to comply with this chapter. The cost of that work will be assessed against the property or collected from the person responsible for the condition, and the total amount thereof shall become a lien upon the property. The city attorney is authorized, empowered, and directed to collect that cost, either by foreclosure of the lien or by a suit against the owner, agent, occupant, or other person responsible for the condition on the property. The suit shall be maintained in the name of the city in any court of competent jurisdiction.
7.05.090 System of charges.
A. There is hereby imposed a system of charges on each parcel of real property within the city served by or to which is available for service the storm and surface water utility established by this chapter. The charges are found to be reasonable and necessary to fund administration, planning, design, construction, operation, maintenance, repair, improvement, and replacement of all existing and future storm and surface water facilities, including the accumulation of reserves and the retirement of any associated debt.
B. The following charges are hereby established for all parcels of real property in the city:
1. Single-family residential parcels. The single-family residential rate shall be as follows:
Charged in Dollars Per Month, Per Single-Family Residential Dwelling
Effective January 1, 2013: $11.09
Effective January 1, 2014: $11.64
Effective January1, 2015: $12.22
2. Agricultural and undeveloped parcels. Agricultural parcels shall be charged the monthly single-family residential parcel rate. Undeveloped parcels shall not be charged.
3. Other parcels.
a. The charge for all other parcels except single-family residential parcels, agricultural parcels, and undeveloped parcels shall be based upon:
i. The total amount of impervious surface as expressed in equivalent service units (an equivalent service unit (ESU) has been determined to be two thousand five hundred (2,500) square feet of impervious surface or any fraction thereof); and
ii. The percentage of impervious surface area on each parcel.
b. The charge for all such parcels shall be computed:
i. By multiplying the total number of ESUs on each parcel by the parcel’s impervious multiplier established in subsection (B)(3)(c) of this section; and
ii. Multiplying the results by the sum of the single-family residential rate, if any.
c. Impervious multipliers are hereby established:
i.
|
Percentage of impervious area per parcel (impervious surface/total surface x 100) |
Impervious multiplier |
|
1 to 40 |
1 |
|
41 to 60 |
1.2 |
|
61 to 80 |
1.4 |
|
81 to 100 |
1.6 |
ii. Impervious multipliers correlate the hydraulic impact of a parcel to its percentage of impervious surface per parcel. The multiplier for the average single-family residence is established as one (1). The multiplier linearly increases as the percentage of impervious area increases. The final category has a multiplier of one and six-tenths (1.6) which reflects the hydraulic impact on the drainage system compared to the impact of an average single-family residence.
7.05.100 Measurement of impervious area.
The director of public works or his designee shall determine the number of square feet of impervious surface in all nonsingle-family residential parcels, excluding agricultural and undeveloped parcels, and the total surface area of each parcel of real property, through the records of the King County assessor and through aerial photographic methods; provided, that the methods used ensure accuracy to one-tenth (0.1) of an equivalent service unit as defined in this chapter.
(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.220)
7.05.110 Billing and collection.
Storm and surface water utility charges for each parcel of real property within the city shall be computed on a monthly basis. The amount billed shall be included on the city utility bill. All billings, collections, delinquencies, and related administrative matters shall be handled in a manner consistent with Chapter 7.01 KCC.
(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.230)
7.05.120 Rates within drainage districts.
Through March 31, 2009, the storm and surface water utility charges imposed upon all parcels within the city which are also being assessed, according to the records of the King County assessor, by drainage district number 1 or drainage district number 2 shall be reduced by the amount equal to such assessments upon the providing of adequate proof thereof to the finance director or designee. The maximum reduction allowed in any one (1) year shall be limited to the storm and surface water utility charge imposed for that year. Effective April 1, 2009, these rate reductions shall no longer apply.
(Ord. No. 2547, § 1; Ord. No. 3901, § 5, 12-9-08. Formerly Code 1986, § 7.20.240)
7.05.130 Rate reductions – Credits.
The finance director, upon direction of the director of public works or designee, shall reduce (credit) the normal storm and surface water utility charge for a parcel of real property when the public works department finds:
1. The owner of a parcel, other than a residential parcel, has installed an approved onsite retention system which substantially reduces the flows expected after the development of such a parcel. No credit shall be given for mitigating measures which are required to meet any ordinance, regulation, other control, or standard established by the city, King County, or the state. Such credits shall be commensurate with the mitigating effects so that the reduction in rates will be in approximate proportion to the reduction in run-off. In no case shall such a credit result in a rate less than the monthly charge for a single-family residential parcel. A system of standard credits in storm and surface water utility charges for retention measures shall be developed and transmitted to the city council for approval within ninety (90) days of adoption of this chapter.
2. Such a credit will remain in effect as long as:
a. The owner of such a system has obtained the proper permits and constructed the system according to plans approved by the director of public works or designee;
b. The owner remains responsible for all costs of operation and maintenance of the system consistent with city standards, whether operated and maintained by the owner or by the city; and
c. The director of public works or designee has access for inspection of the system to determine if it is in compliance with design and maintenance standards, and is functioning properly.
3. The owner or renter of a new or remodeled commercial building is utilizing a permissive rainwater harvesting system, as defined in KCC 7.05.020. In such cases, and in accordance with RCW 35.67.020 and 35.92.020, the owner or renter shall receive a credit equal to a minimum ten (10) percent rate reduction. The city’s public works director will consider rate reductions in excess of ten (10) percent depending upon the amount of rainwater harvested.
4. The owner or renter of a single-family residential parcel of real property qualifies under KCC 7.01.080 for lifeline rates. In such cases, the lifeline charge rate for the qualifying customer shall be ninety-two cents ($0.92) per month, and basin-specific charges pursuant to KCC 7.05.090(B)(5) shall not be imposed.
5. The owner of a parcel of real property has made improvements to existing and natural watercourses which will result in the enhancement of water quality or the restoration or enhancement of natural spawning or rearing areas. These credits shall continue so long as the owner or his agent satisfactorily maintains the watercourse improvements. Standards and criteria for establishing the amount of reductions for such improvements shall be developed, with the assistance of a fisheries biologist, and transmitted to the city council for approval within one hundred eighty (180) days of the adoption of this chapter.
6. Approved onsite retention systems in subsection (1) of this section, and approved water quality enhancement efforts, in subsection (5) of this section, are found to be mitigating measures pursuant to RCW 90.03.510 and thereby entitled to the credits provided in this section
(Ord. No. 2547, § 1; Ord. No. 3656, § 2, 8-19-03; Ord. No. 3779, § 6, 12-13-05. Formerly Code 1986, § 7.20.250)
7.05.210 Penalties, enforcement.
A. Civil. Any violation of this chapter shall be an infraction, and any person found in violation thereof shall be subject to a penalty not to exceed two hundred fifty dollars ($250) per day.
B. Criminal. Any knowing violation of the provisions of this chapter shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed five thousand dollars ($5,000) or imprisonment not to exceed one (1) year or by both such fine and imprisonment.
C. Penalties not exclusive. The penalties authorized in subsections (A) and (B) above shall not be exclusive. The director of public works is authorized to take such emergency measures as are necessary to insure compliance with this chapter. Violation of the provisions of this chapter may give rise to such other remedies or action necessary to carry out the purposes of this chapter.
(Ord. No. 2547, § 1. Formerly Code 1986, § 7.20.500)
7.06.010 Established.
The city maintains and operates a sanitary sewage collection and disposal system, Chapter 7.04 KCC, and a storm and surface water utility, Chapter 7.05 KCC, pursuant to the provisions of RCW 35A.80.010 and 35A.21.150, and Chapters 35.67 and 35.92 RCW. In accordance with this authority, the sanitary sewage collection and disposal system of the city and the storm and surface water utility, together with all additions, extensions, and betterments at any time made, are combined into a single utility, provided that separate accounts be maintained pursuant to RCW 43.09.210.
(Ord. No. 4032, § 1, 4-3-12; Ord. No. 1338, § 2; Ord. No. 2547, § 2; Ord. No. 2665, § 2. Formerly Code 1986, § 7.03.010)
State law reference(s) – Storm water control utility, RCW 35.92.020, 90.03.500 et seq.
7.07.010 Purpose.
The city council finds that this surface water and drainage code is necessary in order to:
(Ord. No. 2130, § 2. Formerly Code 1986, § 12.14.010)
7.07.100 City assumption of operation and maintenance.
A. The city may assume the operation and maintenance responsibility of retention/detention or other drainage treatment abatement facilities after the expiration of the one (1) year operation and maintenance period in connection with the subdivision of land; if:
B. If the city elects not to assume operation and maintenance responsibility for the facilities it will be the responsibility of the developer to make arrangements with the occupants or owners of the subject property for assumption of operation and maintenance in a manner subject to the approval of the department of public works or in accordance with the procedures manual. Such arrangements shall be completed and approved prior to the end of the one (1) year period of developer responsibility.
C. If the city elects not to assume operation and maintenance responsibility, the drainage facilities shall be operated and maintained in accordance with the arrangements as approved by the department of public works. The city may inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements.
7.07.117 Storm drainage system construction must comply with chapter.
When any surface water or storm drainage facility, whether upon private property or upon the city’s right-of-way, is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter or any construction standards or codes that may be adopted in the future, or where the director determines that a surface water or storm drainage facility is obstructed, broken, or inadequate and is a menace to health, or is liable to cause damage to public or private property, the director shall give notice of that condition to the owner, agent, or occupant of the property in which the condition exists. If the owner, agent, or occupant refuses to construct, relay, reconstruct, or remove the obstruction from the surface water or storm drainage facility within the time specified in that notice, the director may perform all necessary work to comply with this chapter. The cost of that work will be assessed against the property or collected from the person responsible for the condition, and the total amount thereof shall become a lien upon the property. The city attorney is authorized, empowered, and directed to
collect that cost, either by foreclosure of the lien or by a suit against the owner, agent, occupant, or other person responsible for the condition on the property. The suit shall be maintained in the name of the city in any court of competent jurisdiction.
(Ord. No. 3400, § 4, 4-21-98)
7.07.120 Applicability to governmental entities.
All municipal corporations and governmental entities shall be required to submit a drainage plan and comply with the terms of this chapter when developing or improving land including, but not limited to, road building and widening, within the city. It is recognized that many other city, county, state, and federal permit conditions may apply to the proposed action and that compliance with the provisions of this chapter does not constitute compliance with such other requirements.
(Ord. No. 2130, § 2. Formerly Code 1986, § 12.14.010)
7.07.130 Violations – Penalties.
Violations of this chapter shall subject the violator to a fine in any sum not to exceed five hundred dollars ($500) or imprisonment for a period not to exceed thirty (30) days, or both such fine and imprisonment. As an alternative method of enforcement the city may initiate an action to enjoin any development undertaken in violation of this chapter by making application for an injunction in any court of competent jurisdiction, and may also commence a civil action in any court of competent jurisdiction to recover any penalty provided for in this section.
(Ord. No. 2130, § 2. Formerly Code 1986, § 12.14.010)
7.14.010 Purpose.
The purpose of this chapter is to prevent nonstormwater from entering the city of Kent municipal separate storm sewer system (“MS4”) to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the MS4;
B. To prohibit illicit connections and discharges to the MS4;
C. To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this chapter; and
D. To mitigate impacts to water quality as a result of increased runoff due to urbanization, correct or mitigate existing water quality problems related to stormwater, and to help restore and maintain the chemical, physical, and biological integrity of the city’s waters for the protection of beneficial uses, including salmonid habitat and aquifer recharge.
7.14.100 Inspections.
A. The director may 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 contaminants or pollutants, inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the city’s NPDES stormwater permit, and joint inspections with other agencies inspecting under environmental or safety laws.
B. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, and material or water in the MS4; and evaluating the condition of the MS4 and other BMPs.
(Ord. No. 3916 § 3, 6-2-09)
7.14.110 Reinspections.
It shall be the duty of the owner/operator to notify the director that violations have been corrected, and to request a reinspection. The director may require that such request for reinspection be filed one (1) working day before such inspection. It shall be the duty of the owner/operator to provide safe access to and means for inspection of any corrective work.
(Ord. No. 3916 § 3, 6-2-09)
7.14.120 Monitoring of discharges.
As permitted by applicable law, the city shall conduct or cause to be conducted monitoring and/or sampling of the stormwater discharge from any premises, and may recover the costs of so doing from the owner/operator of the premises.
(Ord. No. 3916 § 3, 6-2-09)
7.14.130 Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs.
The owner/operator engaging in industrial activity shall provide, at owner/operator’s expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and nonstructural BMPs. Further, any owner/operator responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at owner/operator’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPPP) as necessary for compliance with requirements of the NPDES permit.
(Ord. No. 3916 § 3, 6-2-09)
7.14.140 Industrial or construction activity discharges.
Any owner/operator subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with such permit may be required in a form acceptable to the city prior to allowing discharge to the MS4 and failure to comply with the provisions of such permit will constitute a violation of this chapter.
(Ord. No. 3916 § 3, 6-2-09)
7.14.150 Violations and enforcement.
Whenever the city finds that an owner/operator has violated or failed to meet a requirement in any provision of this chapter, the city may pursue the code enforcement procedures set forth in Ch. 1.04 KCC. Any violation of this chapter that is deemed by the director to be a threat or potential threat to the public health, safety and welfare may be abated as a nuisance or pursuant to any other applicable local, state or federal law or regulation. Regulation under this chapter shall not serve as a shield to any action under other applicable laws or regulations of the city, state, or United States.
(Ord. No. 3916 § 3, 6-2-09)