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City of Federal Way

The City of Federal Way 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 Federal Way 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 Federal Way will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Federal Way, 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 Federal Way has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.

Excerpt from Federal Way Municipal Code

Chapter 16.10 ADMINISTRATION AND ENFORCEMENT

16.10.065 Inspection.

Activities. All activities regulated by this title, except those exempted under FWRC 16.15.020, shall be inspected by the director or his or her designee(s). The director or designee 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 title shall permit the director or designee access to the property, when requested, to permit the inspections required by this section.

Stormwater facilities. The director shall develop and implement a regular inspection program, including a master inspection and maintenance schedule, for all public and private stormwater facilities in Federal Way. Inspections shall be no less frequently than annual. Inspections may be scheduled more frequently if determined by the director to be necessary for any reason. If, during the course of the inspection program, additional existing stormwater facilities are discovered, they shall be added to the master inspection and maintenance schedule.

Water quality. The director or designee may inspect BMPs, examine surface and groundwater, or sample surface or groundwater as often as is necessary to determine compliance with this title. (Ord. No. 09-597, § 56, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-16.)

16.10.070 Entry into private facilities or on private property.

As part of an inspection program, or whenever there is probable cause to believe a violation of this title exists or has occurred, the director or designee is authorized to inspect, during regular working hours and at other reasonable times, any public or private property regarding conditions relating to possible pollution of surface or groundwaters, as well as all public and private portions of the stormwater drainage systems within Federal Way, to determine compliance with this title. Prior to making any inspections of private facilities or on private property, the inspector shall present identification credentials, state the reason for the inspection and request entry. Whenever an on-site inspection of private property is made, the findings 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.

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.
If, after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates a risk of imminent harm to persons or property, the inspector may enter.
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 privately owned stormwater facilities, upon a showing of probable cause to believe that a provision of this title has been or is being violated.
The inspector may also inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained.
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 title, the director shall cancel the water 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 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.
In the event any person, whose property has previously been provided with a reduced intensity of development 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 title, the director may adjust the intensity of development classification for said property and the billing rate for said property. 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 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.

(Ord. No. 09-597, § 58, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Formerly 21-31. Code 2001 § 21-16.5.)

16.10.080 Inspection and maintenance records.

(1) Records for new facilities. Records of new public or private stormwater facilities shall include the following:

(a) As-built plans and locations.

(b) Findings of fact for any exemption granted by the city of Federal Way.

(d) Engineering reports, if prepared prior to or during construction of the facility.

(2) 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. No. 09-597, § 59, 1-6-09; Ord. No. 99-352, § 3, 11-16-99. Formerly 21-32. Code 2001 § 21-16.6.)

Chapter 16.20: REQUIREMENTS.

16.20.010 Manuals and addendum adopted.

The 2016 King County, Washington Surface Water Design Manual (KCSWDM), the 2016 Federal Way Addendum to the King County, Washington Surface Water Design Manual, the King County Stormwater Pollution Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget Sound, as they exist on the effective date of the ordinance codified in this chapter or as hereafter amended, are hereby adopted by this reference. They are referred to in this title respectively as the KCSWDM, Federal Way Addendum, the KCSPPM and LID Manual.

(Ord. No. 16-828, § 1, 12-6-16; Ord. No. 09-630, § 9, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-9.)

16.20.020 Stormwater best management practices (BMPs).

General. BMPs, as specified in the KCSWDM, KCSPPM, and the LID Manual, shall be used to control pollution from stormwater, and to comply with the standards in this title.
Experimental BMPs. In those instances where appropriate BMPs are not specified in the KCSWDM, KCSPPM, and the LID Manual, experimental BMPs should be considered. Experimental BMPs are encouraged as a means of solving problems in a manner not addressed by the KCSWDM, KCSPPM, and the LID Manual in an effort to improve stormwater quality technology. Experimental BMPs must be approved by the director of public works prior to construction.

(Ord. No. 09-630, § 10, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-10.)

Chapter 16.35: OWNERSHIP, OPERATION, AND MAINTENANCE REQUIREMENTS

16.35.010 Ownership of stormwater facilities.

Public stormwater facilities.

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.
Existing stormwater facilities on private property. The city of Federal Way will not acquire or accept (via dedication, grant of easement, or other conveyance) existing components of the stormwater conveyance 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.
New stormwater facilities. The city of Federal Way will accept ownership and responsibility for new retention/detention systems (via dedication, grant of easement, or other conveyance) only if all of the following conditions are met:

Public ownership of the system will provide a public benefit;
An easement or dedication of the property is offered by the property owner at no cost;
The system meets city standards;
There is access for city of Federal Way maintenance from a public right-of-way;
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).

Private stormwater facilities. Stormwater systems located on private property shall be the responsibility of the owner to operate, inspect, maintain and improve.

(Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-26.)

16.35.020 Maintenance responsibility.

Generally. All stormwater facilities shall be maintained in accordance with this title and Appendix A and Chapter 6 of the KCSWDM. Drainage facilities shall be maintained so that they operate as intended. Systematic, routine preventive maintenance is preferred.
Public stormwater facilities. The responsibility of the city of Federal Way shall be limited to maintenance and operation of the city of Federal Way stormwater system, and the city of Federal Way assumes no responsibility for maintenance and operation of private systems.
Private stormwater 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 title and Appendix A and Chapter 6 of the KCSWDM.
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 subdivision or short plat.
Existing subdivisions and existing short plats. If a private 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.

(Ord. No. 09-630, § 19, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-27.)

16.35.030 Minimum maintenance standards.

The following are the minimum standards for the maintenance of stormwater facilities:

All stormwater facilities shall be inspected at regular intervals and maintained and repaired in accordance with Appendix A and Chapter 6 of the KCSWDM, the approved designs for stormwater facilities, stormwater 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 stormwater management manual.
Where maintenance and repair is necessary to correct health or safety problems, to prevent harmful materials from entering the stormwater system, or to remove harmful materials that have entered the stormwater 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 problems, maintenance or repairs shall be completed within 30 calendar days of discovery or repair.
Where lack of maintenance is causing or contributing to a water quality problem, immediate action shall be taken to correct the problem. Within one month, the director shall revisit the facility to assure that it is being maintained.
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 title or other city requirement has been posted, the public works director shall have the authority to collect against the bond to cover costs incurred.
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).
Harmful and prohibited materials, as defined in this title, shall not be allowed to enter any stormwater system. All such substances shall be stored, handled and disposed in a manner that will prevent them from entering the stormwater system. Further, storage, handling and disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC.

(Ord. No. 09-630, § 20, 10-20-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-28.)

Chapter 16.45: GENERAL WATER QUALITY AND ENFORCEMENT

16.45.090 Enforcement.

(1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC 16.55.010, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKART as required or approved by the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface water, stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of water quality provisions of this chapter. Said person, however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this chapter that allow contaminants to enter surface water, stormwater or groundwater.

Chapter 16.55: BEST MANAGEMENT PRACTICES

16.55.010 Stormwater Pollution Prevention Manual.

(1) General. The King County Stormwater Pollution Prevention Manual (BMP manual) applies to existing facilities and activities and to new development activities not covered 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 activity, the contaminant’s effect on water quality, the required source control BMPs, and the available treatment BMPs. The BMP manual includes information on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP implementation.

(2) Priority of BMP implementation. Compliance with this section shall be achieved through the use of best management practices described in the BMP manual. In applying the BMP manual, the director or his/her designee shall first require the implementation of source control BMPs unless the BMP manual specifically requires treatment BMPs. If source control BMPs (or treatment BMPs if required by the BMP manual) do not prevent contaminants from entering surface and stormwater or groundwater, the director or his/her designee may require implementation of additional source control BMPs and/or treatment BMPs according to AKART.

(3) Prevention of pollution of surface and groundwaters. BMPs shall be applied as required herein, so that when all appropriate combinations of individual BMPs are utilized, pollution of surface or groundwaters 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 chapter, and shall be authorized to enforce this chapter accordingly.

(4) Technical assistance. The Federal Way surface water management division will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options, to persons required to comply with this title.

(Ord. No. 09-630, § 29, 10-20-09; Ord. No. 09-619, § 13, 7-21-09; Ord. No. 99-352, § 3, 11-16-99. Code 2001 § 21-39.)