HomeMy WebLinkAboutORD 6074and
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 6074
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS
4-6-030 AND 4-6-100 OF THE RENTON MUNICIPAL CODE, ADOPTING
REQUIREMENTS TO APPLY SOURCE CONTROL BEST MANAGEMENT PRACTICES
FOR POLLUTANT -GENERATING SITES, AUTHORIZING CORRECTIONS, PROVIDING
FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, stormwater runoff is the largest contributorto pollution of local watercourses;
WHEREAS, stormwater pollution source control is a practice that implements
preventative measures to stop pollution before it enters the Municipal Separate Storm Sewer
System ("MS4") and subsequently flows to receiving waters; and
WHEREAS, the City's current (2019-2024) Municipal Stormwater Permit, issued by the
Washington State Department of Ecology, requires permittees to adopt and make effective an
ordinance, or other enforceable documents, requiring the application of source control Best
Management Practices ("BMPs") for pollutant -generating sources associated with existing land
uses and activities; and
WHEREAS, pursuant to the requirements of its Municipal Stormwater Permit the City
intends to implement a Stormwater Pollution Source Control program, define its purpose and
applicability, establish a progressive enforcement process, and define any applicable fines and
penalties for pollutant discharges not resolved through education and outreach; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation;
and study, and the matter was considered by the Planning Commission; and
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ORDINANCE N0, 6074
WHEREAS, pursuant to RCW 36.70A.106, on May 17, 2022 the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the City Planning Commission held a public hearing on June 15, 2022,
considered all relevant matters, and heard all parties in support or opposition, and subsequently
forwarded a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged, unless updated pursuant to
Section IV related to scrivener's errors or corrections to references in this ordinance.
SECTION II. Section 4-6-030 of the Renton Municipal Code is amended as follows:
4-6-030 DRAINAGE AND WATER QUALITY (SURFACE WATER) STANDARDS:
A. PURPOSE:
1. The purpose of this Section is to preserve the City's watercourses by
minimizing water quality degradation from siltation, sedimentation and pollution
of creeks, streams, rivers, lakes and other bodies of water, protect property from
increased runoff rates, and to ensure public safety.
2. It shall also be the purpose of this Section to reduce flooding, erosion,
and sedimentation; prevent and mitigate habitat loss; enhance groundwater
recharge; and prevent water quality degradation through permit review,
construction inspection, enforcement, and maintenance of drainage
facilities/systems, and stormwater pollution source control.
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ORDINANCE NO. 6074
3. It shall also be the purpose of this Section to regulate the Municipal
Separate Storm Sewer System (MS4) regarding the contribution of pollutants,
consisting of any material other than stormwater, including but not limited to illicit
discharges, illicit connections and/or dumping into any storm drain system,
including surface and/or groundwater throughout the City that would adversely
impact surface and groundwater quality of the City and the State of Washington,
in order to comply with Clean Water Act obligations under RCW 90.48.260,
designating the Washington State Department of Ecology ("Ecology") as the state
water pollution control agency for the federal Clean Water Act — (33 U.S.C. §1251
et seg.), and requirements of the National Pollutants Discharge Elimination
System (NPDES) Phase II Municipal Stormwater Permit.
4. It shall also be the purpose of this Section to protect the quality of the
City's watercourses from the discharge of contaminants and the adverse impacts
of stormwater runoff, by controlling pollutants at the source of discharge.
45. It shall also be the purpose of this Section to create attractive and
functional drainage facilities that do not reduce public safety.
B. ADMINISTERING AND ENFORCING AUTHORITY:
The Administrator of the Public Works Department or their designated
representative(s) ("Public Works Administrator") is responsible for the general
administration and coordination of this Section. The Community and Economic
Development Department ("Department") is responsible for development permit
administration which includes review and inspection as it pertains to this Section.
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ORDINANCE NO.6074
All provisions of this Section shall be enforced by the Public Works Administrator
C. ADOPTION OF SURFACE WATER DESIGN MANUAL:
The Surface Water Design Manual, as it exists or may be amended, is adopted
by reference by the City of Renton for consistency with the current version of the
Icing County Surface Water Design Manual. The Surface Water Design Manual shall
be filed with the City Clerk and available for viewing on the City's website.
D. DRAINAGE REVIEW QED -APPLICABILITY:
Drainage Review is required when a proposed project is subject to a City of
Renton development permit or approval or is required as determined by the
provisions of the Surface Water Design Manual.
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ORDINANCE NO, 6074
E. DRAINAGE REVIEW TYPES AND REQUIREMENTS:
1. Scope of Review: The drainage review for any proposed project shall be
scaled to the scope of the project's size, type of developments and potential for
stormwater impacts to the surface water and groundwater to facilitate the
preparation and review of project applications. If drainage review for a proposed
project is required, the City shall determine which of the following drainage
reviews apply as specified in the Surface Water Design Manual:
review);
a. Simplified drainage review (also known as small project drainage
b. Targeted drainage review;
c. Directed drainage review;
d. Full drainage review;
e. Large project drainage review.
2. Core Requirements: A proposed project required to have drainage
review must meet each of the following core requirements which are described in
detail in the Surface Water Design Manual. Projects subject only to small project
drainage review (also known as residential building permit drainage review) that
ORDINANCE NO. 6074
meet the small project drainage requirements specified in the Surface Water
Design Manual, including flow control best management practices, erosion and
sediment control measures, and drainage plan submittal requirements are
deemed to comply with the following core requirements:
a. Core Requirement No. Z: discharge at the natural location;
b. Core Requirement No. 2: off -site analysis;
c. Core Requirement No. 3: flow control facilities;
d_ Core Requirement No. 4: conveyance system;
e. Core Requirement No. 5: construction stormwater pollution
prevention;
f. Core Requirement No. 6: maintenance and operations;
g. Core Requirement No. 7: financial guarantees and liability;
h. Core Requirement No. 8: water quality facilities; and
i. Core Requirement No. 9: On -site BMPs.
3. Special Requirements: A proposed project required to have drainage
review shall meet any of the following special requirements which apply to the
site and which are described in detail in the Surface Water Design Manual. The
City shall verify if a proposed project is subject to and must meet any of the
following special requirements:
a. Special Requirement No. Z: other area specific requirements;
b. Special Requirement No. 2: flood hazard delineation;
c. Special Requirement No. 3: flood protection facilities;
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ORDINANCE NO. 6074
d. Special Requirement No. 4: source control;
e. Special Requirement No. 5: oil control; and
f. Special Requirement No. 6: aquifer protection area.
F. DRAINAGE REVIEW SUBMITTAL REQUIREMENTS:
Drainage Reviews shall be submitted in accordance with the provisions of the
Surface Water Design Manual.
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ORDINANCE NO. 6074
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ORDINANCE NO. 6074
G. DRAINAGE REVIEW AND APPROVAL OF PLAN:
1. Process: All engineering storm drainage plans and supportive
calculations shall be prepared in accordance with the Surface Water Design
Manual, and submitted to the Department for review and approval in connection
with the associated development permits.
2. Fees: Fees shall be as listed in the City of Renton Fee Schedule on file
with the City Clerk's Office.
3. Additional Information: The permit application shall be supplemented
by any plans, specifications, or other information considered pertinent in the
judgment of the Department.
4. Tests: Whenever there is insufficient evidence of compliance with any
of the provisions of this Section or Code, or evidence that any material or
construction does not conform to the requirements of this Section or Code, the
Public Works Administrator or designee may require tests as proof of compliance
to be made at no expense to the City. Test methods shall be as specified by this
Section or Code or by other test standards such as American Society of Testing and
ORDINANCE NO. 6074
Materials (ASTM), American Public Works Association (APWA) specifications and
standards, or compliant with requirements of the Surface Water Design Manual.
If there are no recognized and accepted test methods to address compliance, the
Public Works Administrator or designee shall determine test procedures. Suitable
performance of the method or material may be evidence of compliance meeting
the testing requirement.
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ORDINANCE NO. 6074
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H. CREATION OF TRACTS AND/OR EASEMENTS:
1. Method of Creation for City -Maintained Facility: Method of creation
for City -maintained facility shall be consistent with the provisions of the Surface
Water Design Manual_
a. Covenants, Conditions, and Restrictions: Covenants, conditions,
and restrictions, which are approved by the Department, shall be recorded with
the King County Recorder's Office prior to or concurrent with recording the plat.
The applicant shall provide a copy of the recorded document. These covenants
shall specify, at a minimum, the following:
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ORDINANCE NO. 6074
i. Ownership,_ maintenance, and repair for the commonly owned
tract, landscaping, and facilities (excluding maintenance of the drainage facilities);
and
ii. No modification of the tract or landscaping within the tract shall
be allowed without the Department's prior written approval.
iii. These covenants shall be irrevocable and binding on all the
property owners, including their assigns, heirs, and successors.
b. Stormwater Easement: A stormwater easement shall be granted
and conveyed to the City of Renton for the purpose of conveying, storing,
managing, and facilitating storm and surface water. The easement shall grant the
City the right to enter said stormwater easement for the purpose of inspecting,
operating, maintaining, improving, and repairing the drainage facilities in the
stormwater tract.
2. Method of Creation for Privately Maintained Facility: Method of
creation for privately maintained facilities shall be consistent with the provisions
of the Surface Water Design Manual.
3. Transfer or Assumption of Facility Maintenance from Private Party to
the City of Renton: As determined by City policy and procedures, the City may
transfer or assume maintenance of the drainage facilities located within either an
easement to the City or within a tract owned by a private party in ownership
together with an easement to the City. See subsections M (Maintenance of
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ORDINANCE NO. 6074
Drainage Facilities) and N (City Assumption of Maintenance of Subdivision
Facilities) of this Section for supplemental information.
I. ADDITIONAL REQUIREMENTS FOR FENCING AND LANDSCAPING:
1. Landscaping: Landscaping of drainage facilities shall be required,
consistent with the provisions of the Surface Water Design Manual, and in
compliance with requirements of RMC 4-4-070.F.8, Storm Drainage Facilities.
2. Fencing around New or Expanded Storm Drainage Ponds and Signage
Required: Fencing around new or expanded storm drainage ponds shall be
consistent with the provisions of the Surface Water Design Manual.
3. Maintenance of Existing Facilities Required: Owners of existing
drainage facilities not maintained by the City are required to continue to maintain
existing landscaping and fencing. Replacement of deteriorated fencing and failed
plantings is required.
IiJ. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL:
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ORDINANCE NO. 6074
The July 2021 King County Stormwater Pollution Prevention Manual, hereby
referred to as the Stormwater Pollution Prevention Manual, is hereby adopted by
reference. One copy of the manual shall be filed with the City Clerk.
W. STORMWATER POLLUTION SOURCE CONTROL AND DISCHARGE
PROHIBITION:
1. Prohibition of Illicit Discharge: Materials, whether er- Ret solids or
liquids, other than surface water and Stormwater shall not be spilled, leaked,
emitted, discharged, disposed,_ or allowed to escape into the storm sewer and/or
drain system, surface water, groundwater, or watercourses.
following:
a. Examples of illicit discharge include but are not limited to the
i. Trash, debris, or garbage;
ii. Construction materials or wastewater;
iii. Petroleum products, including but not limited to oil, gasoline,
greases, fuel oil, or heating oil;
iv. Antifreeze, brake fluid, windshield cleaner, and other
automotive products;
v. Metals in either particulate or dissolved form;
vi. Flammabie or explosive materials or substances;
vii. Radioactive materials;
viii. Acids or batteries of any kind;
ix. Alkalis or bases;
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ORDINANCE NO. 6074
cleaners;
x. Paints, stains, resins, lacquers, or varnishes;
xi. Degreasers, solvents or chemicals used in laundries or dry
xii. Drain cleaners;
xiii. Pesticides, herbicides, and fertilizers;
xiv. Steam cleaning wastes;
xv. Soaps, detergents, ammonias;
xvi. Swimming pool or spa cleaning wastewater and filter backwash
containing water disinfectants (chlorine, bromine, or other chemicals);
xvii. Heated water;
xviii. Domestic animal waste;
xix. Sewage;
xx. Recreational vehicle wastewater or sewage;
xxi. Animal carcasses;
xxii. Food waste;
xxiii. Bark and other fibrous material;
xxiv. Collected lawn clippings, leaves, branches or other yard
waste material;
xxv. Silt, sediment or gravel;
xxvi. Dyes, except as stated in subsection 1_1_b xiii of this Section;
xxvii. Chemicals not normally found in uncontaminated water;
xxviii. Wastewater or process water (including filtered or purified);
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ORDINANCE NO. 6074
xxix. Any pollution or contaminant as referenced in the Stormwater
Pollution Prevention Manual;
xxx. Any pollution or contaminant resulting from inadequate
implementation of Source Control BMPs; and
xxxi. Any hazardous material as defined in RMC 4-11-080, or
waste not listed above and any other process -associated discharge except as
otherwise allowed in this Section.
b. Allowable Discharges: The following types of discharges shall not be
considered illicit discharges by this Section unless the Public Works Administrator
evaluates and determines that the type of discharge, whether singly or in
combination with others, is causing or is likely to cause significant pollution of
surface water or groundwater:
i. Diverted stream flows;
ii. Spring water;
iii. Rising groundwater;
iv. Uncontaminated groundwater infiltration (as defined
in 40 CFR 35.2005(b)(20));
v. Uncontaminated pumped groundwater;
vi. Foundation and footing drains;
vii. Uncontaminated water from crawl space pumps;
viii. Air conditioning condensation;
ix. Flows from riparian habitats and wetlands;
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ORDINANCE NO. 6074
x. Discharges from emergency fire fighting activities in accordance
with the Western Washington Phase II Municipal 5tormwater Permit Section 52,
Authorized Discharges;
xi. Discharges specified in writing by the authorized enforcement
agency as being necessary to protect public health and safety;
xii. Irrigation water from an agricultural source that is commingled
with stormwater runoff;
xiii.5torm system dye testing is allowable, but requires verbal
notification during regular business hours to the Public Works Department Surface
Water Maintenance Section, or their successor entity., at ��nn at least
one business day prior to the date of the test. The City is exempt from this
requirement;
xiv. Non-stormwater discharges authorized by another NPDES or
State Waste Discharge Permit.
c. Conditionally Allowable Discharges: These discharges are allowed if
the stated conditions are met, unless the Public Works Administrator determines
that the type of discharge, whether singly or in combination with others, is causing
or is likely to cause significant pollution to surface water or groundwater:
i. Discharges from potable water sources, including but not limited
to water line flushing, hyperchlorinated water line flushing, fire hydrant system
flushing, and pipeline hydrostatic test water. Planned discharges shall be
dechiorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-
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ORDINANCE NO. 6074
adjusted, if necessary, and volumetrically and velocity controlled to prevent
resuspension of sediments into the MS4;
ii. Discharges from lawn watering and other irrigation runoff. These
discharges shall be minimized through, at a minimum, public education activities
and or water conservation efforts;
iii. Dechlorinated swimming pool, spa, and hot tub discharges. The
discharges shall be dechlorinated to a total residual chlorine concentration of 0.1
ppm or less, pH -adjusted and reoxygenized if necessary, volumetrically and
velocity controlled to prevent resuspension of sediments in the MS4. Discharges
shall be thermally controlled to prevent an increase in temperature of the
receiving water. Swimming pool cleaning wastewater and filter backwash shall not
be discharged to the MS4;
iv. Street and sidewalk wash water, water used to control dust, and
routine external building washdown that does not use detergents. The discharges
shall be minimized through, at a minimum, public education activities and/or
water conservation efforts;
v. Non-stormwater discharge permitted under another NPDES
permit; provided, that the discharge is in full compliance with all requirements of
the permit, waiver, or other applicable requirements and regulations;
vi. Other non-stormwater discharges. The discharges shall be in
compliance with the requirements of a pollution prevention plan reviewed by the
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ORDINANCE NO. 6074
QtyfPublic Works Administrator eF desigRe , which addresses control of such
discharges.
d. A person does not violate this subsection J if:
i. That person has properly designed, constructed, implemented,
and is maintaining BMPs as required by this Chapter and Section, but
contaminants continue to enter surface and stormwater and underground water;
ii. That person can demonstrate that there are no additional
contaminants in discharges from the site above the background conditions of
water entering the site; or,
iii. The discharge is a result of an emergency response activity or
other action that must be undertaken immediately or within a time too short to
allow full compliance with this Chapter or Section in order to avoid an imminent
threat to public health or safety. The Public Works Administrator by public rule
may specify actions that qualify for this exemption in City procedures. A person
undertaking emergency response activities shall take steps to assure that the
discharges resulting from such activities are minimized. In addition, this person
shall evaluate BMPs to restrict recurrence.
e. Any person who knowingly allows or permits any prohibited
discharges, as set forth in this subsection J or the Stormwater Pollution Prevention
Manual, through illicit connections, dumping, spills, improper maintenance of
BMPs, or other discharges, that allow contaminants to enter surface and
stormwater or groundwater, shall be in violation of this Section.
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ORDINANCE NO. 6074
2. Prohibition of Illicit Connections: The construction, use, maintenance,
or continued existence of any connection identified by the Public Works
Administrator, that does, or is likely tomconvey any pollution or contaminants
or anything not composed entirely of surface water and stormwater, directly into
the MS4, is prohibited, including without limitation, existing illicit connections
regardless of whether the connection was permissible under law or practices
applicable or prevailing at the time of connection.
3. Stormwater Pollution Source Control: BMPs described in the
Stormwater Pollution Prevention Manual shall be implemented and maintained
for any business or residential activity that might result in prohibited discharges
as specified in this subsectionor as determined necessary by the Public Works
Administrator. In applying the Stormwater Pollution Prevention Manual for
Stormwater Pollution Source Control, the Public Works Administrator shall first
require the implementation of nonstructural source control BMPs. If these are not
sufficient to prevent contaminants from entering surface water, stormwater, or
groundwater, the responsible official shall require implementation of structural
source control BMPs and or treatment BMPs The City 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 requirement.
44. Remedy:
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ORDINANCE NO. 6074
a. The person and/or property owner responsible for an illicit
connection and/or illicit discharge shall initiate and complete auctions necessary
to remedy the effects of such connection or discharge at no cost to the City.
b. If the person responsible for an illicit connection or illicit discharge
and/or the owner of the property on which the illicit connection or illicit discharge
has occurred fails to address the illicit connection or illicit discharge in a timely
manner, the Public Works Administrator shall "rise the allthOFity is authorized to
implement ,-ey.,, Val OF Famed;.,' abatement actions following lawful entry upon
the property. Such actions may include, but not be limited to: installation of
monitoring wells; collection and laboratory testing of water, soil, and waste
samples; cleanup and disposal of the illicit discharge, and remediation of soil
and/or groundwater. The property owner and/or other person responsible for the
release of an illicit discharge shall be responsible for any costs incurred by the
Public Works Department or its authorized agents in the conduct of such remedial
actions and shall be responsible for City expenses incurred due to the illicit
connection or illicit discharge, including but not limited to removal and/or
remedial actions in accordance with RMC 1-3-3, Nuisances.
c. Compliance with this subsection shall be achieved through the
implementation and maintenance of beat management pFaaiees rgMPs}
described in the Stormwater Pollution Prevention Manual. In implementing this
code section, Tthe Public Works Administrator shall initially rely on education and
informational assistance to -gain compliance with this subsection. Enforcement
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ORDINANCE NO. 6074
actions shall be implemented when education and technical assistance measures
are unsuccessful at protecting the public interest or when a person is found to
have willfully caused stormwater runoff to contaminate the watercourses of the
City.; +le if the Public Works Administrator determines that a violation poses a
hazard to public health, safety, or welfare, endangers any property and/or other
property owned or maintained by the City, -he.such violation
shall be addressed through immediate penalties. The Public Works Administrator
may demand immediate cessation of illicit discharges and assess penalties for
violations that are an imminent or substantial danger to the health or welfare of
persons or danger to the environment.
45. Elimination of Illicit Connection and/or Illicit Discharge and
Prevention of Stormwater Pollution:
a. Notice of Violation: Whenever the Public Works Administrator finds
that a person has violated a prohibition or failed to meet a requirement of this
Section, he or she may order compliance by written notice of violation to the
property owner and/or responsible person, by first class and certified mail with
return receipt requested. Such notice may require without limitation:
violator;
i. The performance of monitoring, analyses, and reporting by the
ii. The elimination of illicit connections or discharges;
iii. That violating discharges, practices, or operations shall
immediately cease and desist;
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ORDINANCE NO. 6074
iv. The abatement or remediation of stormwater pollution or
contamination hazards and the restoration of any affected property; and
v. The implementation of source control or treatment BMPs. Any
person responsible for a property or premises which is, or may be, the source of
an illicit discharge, may be required to implement, at said person's expense,
additional structural and nonstructural BMPs to prevent the further discharge of
pollutants to the municipal separate storm sewer system and/or waters of the
State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP)
as necessary for compliance with requirements of the NPDES permit.
b. Requirement to Eliminate Illicit Connection: The Public Works
Administrator shall send a written notice, sent by first class and certified mail with
return receipt requested, to the property owner and/or the person responsible
for the illicit connection, informing the property owner or person responsible for
an illicit connection to the MS4 that the connection must be terminated by a
specified date.
c. Requirement to Eliminate Illicit Discharges: The Public Works
Administrator shall send a written notice, sent by first class and certified mail with
return receipt requested, to the property owner and/or the person responsible
for the illicit discharge, informing the property owner or person responsible for an
illicit discharge to the M54, whether it be surface water and/or groundwater, that
the discharge must be terminated by a specified date.
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ORDINANCE NO. 6074
d. Requirement to Implement Source Control BMPs: If education and
outreach measures are unsuccessful in resulting in the implementation of source
control BMPs for a business or residential activity that might result in prohibited
discharges, the Public Works Administrator shall send a written notice, sent by
first class and certified mail with return receipt requested, to the property owner
and/or the person responsible for implementing source control BMPs, informing
the property owner or person responsible for implementation of source control
BMPs, that the source control BMPs must be implemented by a specified date.
de. Sample and Analysis: When the Public Works Administrator has
reason to believe that an illicit connection is resulting in an illicit discharge, the
Public Works Administrator may sample and analyze the discharge and recover
the cost of such sampling and analysis from the property owner or person
responsible for such illicit connection or discharge pursuant to RMC 1-3-3, as now
or as hereafter may be amended, and require the person permitting or
maintaining the illicit connection and/or discharge to conduct ongoing monitoring
at that person's expense.
of. Right of Appeal from Administrative Decision: Any person
aggrieved by an administrative decision of the Public Works Administrator may
appeal such decision pursuant to RMC 4-8-110.
fg. Any illicit connection and/or illicit discharge as set forth in this
Section or the Stormwater Pollution Prevention Manual is hereby declared to be
a nuisance pursuant to RMC 1-3-3, and as defined in RMC 1-3-3.B.19.
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56. Reporting Requirements:
a. In the event of an illicit discharge or spill of hazardous material into
the stormwater drainage system or waters of the City, State of Washington, or
United States, said person with knowledge thereof shall immediately notify the
emergency dispatch services (911).
b. In the event of an illicit discharge of nonhazardous material into the
stormwater drainage system or waters of the City, State of Washington, or United
States, said person with knowledge thereof shall immediately notify/report the
Public Works Department Surface Water Maintenance Section. by phene at Q15
67. Record Retention Required: All persons subject to the provisions of
this Section shall retain and preserve for no less than five (5) years any records,
books, documents, memoranda, reports, correspondence, and any and all
summaries relating to operation, maintenance, monitoring, sampling, remedial
actions, and chemical analysis made by or on behalf of a person in connection with
any illicit connection or illicit discharge. All records which pertain to matters which
are the subject of administrative or any other enforcement or litigation activities
brought by the City pursuant to this Code shall be retained and preserved by the
person until all enforcement activities have concluded and all periods of limitation
with respect to any and all appeals have expired.
8. Limitations of Liability: The primary obligation of compliance with this
subsection is placed upon the person holding title to the property. Nothing
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ORDINANCE NO.6074
contained in this Chapter is intended to be or shall be construed to create or form
a basis for liability for the City,_ its officers, employees, or agents for any injury or
damage resulting from the failure of the person holding title to the property to
comply with the provisions of this subsection, or by reason or in consequence of
any act or omission in connection with the implementation or enforcement of this
subsection by the City, its officers, employees, or agents.
o the � ri.- A of this C tir)n Ge,de ,idenre that terial er
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SerstionGF Code, the
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ORDINANCE NO. 6074
L. BONDS AND LIABILITY INSURANCEREQUIRED:
Required bonds and liability insurance shall be consistent with the provisions
of the Surface Water Design Manual. ;he Develeprnent SeFyi es EftiRen
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dFaiRage plans I.. liew of a heAd the a pimeaRt may eleate establish a rash eSGFeW
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ORDINANCE NO. 6074
44WF-e to tiMelyFemedy same the esr:Fewee shall leea auth.eFized withaut an
SatiSfaGtOFY ma:nCenaRCP- of the #aeilit„ A cash b9Adraaretybond, OF h,., fde
affestin wealth, safety, and welfaFe, FUStbe—pasted- -R^� M R+.,cnod
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ORDINANCE NO. 6074
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ORDINANCE NO. 6074
M. MAINTENANCE OF DRAINAGE FACILITIES:
1. Drainage Facilities Accepted by the City of Renton for Maintenance:
a. Responsibility for Maintenance of Accepted Facilities: The City of
Renton is responsible for maintenance, including performance and operation of
drainage facilities that have formally been accepted by the Public Works
Administrator. The City will also maintain any chain link fence surrounding
accepted drainage facilities if the fencing is required per subsection G of this
Section. All landscaped areas, wooden fencing, or fencing constructed for a
purpose other than safety within the tract must be maintained by the owner(s) of
the tract.
b. City Assumption of Maintenance Responsibility for Existing
Facilities: The City of Renton may assume maintenance of privately maintained
drainage facilities, including the perimeter fencing, after the expiration of the two
(2) year maintenance period in connection with the subdivision of land if the
following conditions have been met:
i. All of the requirements of subsection E of this Section have been
fully complied with;
ii. The facilities have been inspected by the Public Works
Administrator and any defects or repairs have been corrected and approved by
the Department prior to the end of the two (2) year maintenance
period;
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ORDINANCE NO. 6074
iii. All necessary easements entitling the City to properly maintain
the facility have been conveyed to the City;
iv. The facility is constructed on a plat with public streets and
located on tracts or easements dedicated to the City; and
v.It is recommended by the Public Works Administrator and
concurred in by the City Council that said assumption of maintenance would be in
the best interests of the City.
c. Facilities Not Eligible for Transfer of Maintenance Responsibility: A
drainage facility which does not meet the criteria of this subsection shall remain
the responsibility of the applicant required to construct the facility and persons
holding title to the property for which the facility was required.
2. Drainage Facilities Not Accepted by the City for Maintenance:
a. The person or persons holding title to the property and the applicant
required to construct a drainage facility shall remain responsible for the facility's
continual performance, operations and maintenance in accordance with the
standards and requirements of the Surface Water Design Manual peF subs *:^^
and remain responsible for any liability as a result of these duties.
This responsibility includes maintenance of a drainage facility which is:
i. Under a two (2) year maintenance bond period;
ii. Serving a private road;
iii. Located within and serving only one single-family residential lot;
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ORDINANCE NO. 6474
iv. Located within and serving a multi -family, commercial site,
industrial, or mixed use property site; or
v. Not otherwise accepted by the City for maintenance.
b. A D4eclaration of CEovenant as specified in the Surface Water
Design Manual shall be recorded. The restrictions set forth in such covenant shall
include, but not be limited to, provisions for notice to the persons holding title to
the property of a City determination that maintenance and/or repairs are
necessary to the facility and a reasonable time limit in which such work is to be
completed.
i. In the event that the titleholders do not effect such maintenance
and/or repairs, the City may perform such work upon due notice. The titleholders
are required to reimburse the City for any such work, with interest and including
the cost of labor, benefits, materials, time, and any other related costs or fees,
which shall be considered incurred expenses for the purposes of RMC 1-3
(Remedies and Penalties). The restrictions set forth in such covenant shall be
included in any instrument of conveyance of the subject property and shall be
recorded with the King County Recorder's Office.
ii. The City may enforce the restrictions set forth in the
Ddeclaration of CEovenant provided in the Surface Water Design Manual.
3. Separate Conveyance System Required for Off -Site Drainage: Drainage
structures, such as vaults or ponds, must be located within a dedicated tract. Off -
site areas that naturally drain onto the project site must be intercepted at the
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ORDINANCE NO. 6074
natural drainage course within the project site and conveyed in a separate
conveyance system and must bypass on -site stormwater facilities. Separate
conveyance systems that intercept off -site runoff and are located on private
property must be located in a drainage easement that may be dedicated to the
City if the City deems it appropriate. deft . Iing on the u pstFe tFibUtaF ,
4. Maintenance of Landscaping and Other Improvements Located in the
Drainage Facility/Landscaping Tract: The owner(s) of the tract shall maintain the
landscaping, and other improvements installed within the tract. All improvements
to the drainage facility/landscaping tract, including landscaping, shall require the
submittal of a landscape and/or recreation plan approved by the City.
S. Other Cases: Where not specifically defined in this subsection, the
responsibility for performance, operation,, and maintenance of drainage facilities
and conveyance systems shall be determined by the Public Works Administrator
on a case -by -case basis.
N. OCTDAACTIVITV ocI ATING TO CITY ASSUMPTION OF MAINTENANCE OF
SUBDIVISION FACILITIES:
The City may assume maintenance of subdivision drainage facilities with public
streets, after inspection, approval, and acknowledgment of the proper posting of
bonds specified in subsection L of this Section. In order for the City to assume
such maintenance, the person who constructed. and/or received approval
to construct drainage facilities pursuant to this Section andjOr Feeei '^--I-I-.,,,'
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ORDINANCE NO. 6074
SeetAR must reassesses the facilities and/or plans so constructed and/or
approved and demonstrates, to the Public Works Administrator's satisfaction,
U#;;I ompliance with all toe requirements of this Section theCitymay,akef
t
O. INSPECTION, INVESTIGATION,. AND SAMPLING:
The Public Works Administrator may lawfully enter property to inspect
drainage facilities and conduct or direct on -site source control inspections at
institutional commercial and industrial properties with pollutant eneratin
activities pursuant to RCW 90.48.090.
Z. The Public Works Administrator shall be permitted to lawfully enter and
inspect sites subject to regulation under this Chapter as 94en as May be ReEeSSaFy
to determine compliance with the requirements of the regulations, at all
reasonable hours for the purpose of inspections, samplings, or records
examination. The Public Works Administrator shall have the right to set up on the
property necessary devices to conduct sampling, inspection, compliance
monitoring, and/or metering actions_in_support of compliance inspections.
2.If the premises or portion thereof is occupied, the Public Works
Administrator shall 4pst-make a reasonable effort to locate the owner or other
person having charge or control of the premises or portion thereof and seek entry.
Proper ingress and egress shall be provided to the Public Works Administrator.
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ORDINANCE NO. 6074
3. The Public Works Administrator shall notify the responsible party in
writing of failure to comply with this access requirement. The responsible party
shall respond and comply with a lawful request for entry within seven (7) days
from the receipt of notification. The Public Works Administrator may use all legal
means to order the work required completed or otherwise address the cause of
improper access including, but not limited to, performing emergency work or
obtaining a warrant of abatement. The obligation for the payment of all costs that
may be incurred or expended by the City in causing the work to be done shall
thereby be imposed on the person holding title to the subject property.
4. If the responsible party fails to maintain the facilities, prevent pollution
of stormwater, or implement source control best management practices, the
Public Works Administrator may take such actions as may be required to enforce
the provisions of this section.
5. Within thirty (30) days of receiving an inspection report from the City,
the property owner or operator shall file with the City a plan and time schedule to
implement any required modifications to the site or to the monitoring plan
needed to achieve compliance with the intent of this section. This plan and time
schedule shall also implement all of the Fe68FR,..,e.,datiORs requirements of the
City.
P. ADJUSTMENT:
Adjustments shall be consistent with the provisions of the Surface Water
Design Manual.
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ORDINANCE NO. 6074
CM.'I
h Meet the el3 ectiyes e nt-.:Red iR thiS Se CtOGR of safety, fuRGt7,,.,
E m
Q. VARIANCE,
4: If complying with the Surface Water Design Manual will deny all reasonable
use of a property, a variance to the requirements in the Surface Water Design
Manual may be requested fr^m the Git ,r r-,,.,.,., Unit„ and r,.en,,mie Deyel ,.,r, eRt
36
ORDINANCE NO. 6074
n.-l.,- !Ai&4@t8F F des!gnoo in accordance with the variance process defined in the
W-ater DeswgR an..r ual and RMC 4-9-250.
Nifa
R. SEVERABILITY:
If any provision, subsection, sentence, clause, or phrase of this Section or the
application thereof to any person or circumstances is held invalid, the remaining
portions of this Section and the application of such provisions to other persons or
circumstances shall not be affected thereby.
S. VIOLATIONS OF THIS SECTION AND PENALTIES:
A violation of any of the provisions of this Section shall be a civil infraction
pursuant to chapter 1-10 RMC. See a'see RNAG A C 110.
SECTION III. Section 4-6-100 of the Renton Municipal Code is amended as follows:
4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER:
AIR GAP: A physical vertical separation through the free atmosphere sufficient to
prevent backflow between the free -flowing discharge end of the potable water
system and the overflow level of the receiving vessel, tank, plumbing fixture or
any other system. Physically defined as a distance greater than or equal to twice
the diameter of the supply pipe diameter, but in no case less than one inch (1")
APPROVED: (for purposes of the Water Utility Provisions) Approved in writing by
the Washington State Department of Health or other agency having jurisdiction.
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ORDINANCE NO. 6074
AUXILIARY SUPPLY: Any water source or system on or available to the premises
other than the purveyor approved potable water supply.
BACKFLOW: The flow of water or any other liquid, gas, or substance from any
source back into the distribution pipes of the potable water supply system_
BACKFLOW PREVENTER: An approved assembly which prevents the backflow of
water or any other liquid, gas, or substance from any source back into the
distribution pipes of the potable water supply system.
BACKSIPHONAGE: The flow of water or any other liquid, gases, or substances from
any source back into the distribution pipes of the potable water supply system
caused by the reduction of pressure in the potable water supply system.
BEST MANAGEMENT PRACTICES (BMPs): The methods of improving stormwater
quality by preventing or reducing the discharge of pollutants, directly or indirectly
into stormwater, surface water, and groundwater. Such practices encompass a
variety of managerial, operational, and structural measures that will reduce the
amount of contaminants in stormwater and improve the quality of water
resources. BMPs are separated into two broad categories: source control and
treatment. Source control BMPs prevent contaminants from entering water
bodies or stormwater runoff. Treatment BMPs are structures that treat
stormwater to remove contaminants. See also RMC 4-11-020 for BEST
MANAGEMENT PRACTICES —WETLANDS.
BMPs: See "Best Management Practices (BMPs)," supra, and RMC 4-11-020.
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ORDINANCE NO. 6074
BUILDING DRAIN: That part of the lowest horizontal piping of a drainage system
which receives the discharge from soil, waste, and other drainage pipes inside the
walls of the building and conveys it to the building sewer, beginning five feet (5')
outside the inner face of the building walls.
BUILDING SEWER: See Sewer, Building.
BUSINESS: A general term for publicly and privately owned institutional,
commercial, and industrial sites which have the potential to generate pollutants
to the municipal separate storm sewer system (MS4). This includes multi -family
housing developments (e.g., apartment developments, condominium
developments).
COMBINED SEWER: A sewer receiving both surface runoff and sewage.
CONTAMINANT: A substance that will impair the quality of the water to a degree
that it creates a serious health hazard.
CROSS CONNECTION: Any physical or potential arrangement whereby a public
water system is connected, directly or indirectly, with any other nonpotable water
system, drain, sewer, conduit, pool, storage reservoir, plumbing fixture, or other
device which contains, or may contain, contaminated water, sewer, or other
waste liquid of unknown or unsafe quality which may be capable of imparting
contamination to the public water system as a result of backflow. Bypass
arrangements, jumper connections, removable sections, swivel or change -over
devices, or other temporary or permanent devices through which backflow may
occur are considered to be cross connections.
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ORDINANCE NO. 6074
DOUBLE CHECK VALVE ASSEMBLY: An approved assembly composed of two (2)
single, independently acting check valves, either spring loaded or internally
weighted, installed as a unit between two (2) tightly closing shutoff valves and
having suitable connections for testing.
FWPCA: The Federal Water Pollution Control Act of 1956, PL 84-660, together with
the amendments of 1966, 1972, and as same may be hereafter amended; Public
Law 92-500 and all subsequent amendments thereto.
HEALTH HAZARD: A physical or toxic hazard which could be dangerous to health.
ILLICIT CONNECTION: Any infrastructure connection to the municipal stormwater
sewer system that is not intended, permitted, or used for collecting and conveying
stormwater or non-stormwater discharges allowed as specified in RMC 4-6-030.
Examples include sanitary sewer connections, floor drains, channels, pipelines,
conduits, inlets, or outlets that are connected directly to the MS4.
ILLICIT DISCHARGE: Any discharge to the MS4 that is not composed entirely of
stormwater or of non-stormwater discharges allowed as specified in RMC 4-6-030.
This includes discharges resulting from inadequate implementation of source
control BMPs.
INDUSTRIAL WASTES: The liquid wastes from industrial process as distinct from
sanitary sewage.
INFILTRATION: The volume of water or groundwater entering sewers and building
sewer connections from the soil through defective joints, broken or cracked pipe,
improper connections,_ or other structural failures.
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ORDINANCE NO. 6074
LONG-RANGE WASTEWATER MANAGEMENT PLAN: See City Comprehensive
Sewer Plan.
MS4: See "Municipal Separate Storm Sewer System."
MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of
conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
a. Owned or operated by the City of Renton;
b. Designed or used for collecting or conveying stormwater;
c. Which is not part of a publicly owned treatment works (POTW) as defined
at 40 CFR 122.2 403.3 ;
d. Which is not a combined sewer; and
e. Which is defined as "large" or "medium" or "small" or otherwise designated
by Ecology pursuant to 40 CFR 122,26.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER DISCHARGE PERMIT: A permit issued by the Environmental
Protection Agency (EPA) (or by the 'h!aShiRgt^" DepaFtmeRt of EGelegyEcology
Wunder authority delegated pursuant to 33 USC Section 1342(b)) that authorizes
the discharge of pollutants to waters of the United States, whether the permit is
applicable on an individual, group, or general area -wide basis.
NATURAL OUTLET: Any outlet into a watercourse, pond, ditch, lake, or other body
of surface or groundwater.
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ORDINANCE NO. 6074
NPDES: See "National Pollutant Discharge Elimination System (NPDES)
Stormwater Discharge Permit."
POTABLE WATER: Water which is safe for human consumption, as described by
the public health authority having jurisdiction.
POTW: See "Publicly Owned Treatment Works."
PRESSURE VACUUM BREAKER: An assembly consisting of a spring loaded check
valve and independently operating air inlet valve, inlet and discharge shutoff
valve, and properly installed test cocks. The air inlet valve is internally loaded to
the open position, normally by means of a spring. This internal loading allows the
assembly to be installed on the pressure side of a shutoff valve. It is designed to
protect against backsiphonage only.
PUBLICLY OWNED TREATMENT WORKS: Any device or system used in treatment
of municipal sewage or industrial wastes of a liquid nature which is publicly
owned.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER: An assembly consisting
of two (2) independently acting spring operated check valves, separated by a
spring loaded differential pressure relief valve, which is installed as a unit between
two (2) tightly closing shutoff valves and having suitable connections for testing.
SEWAGE: A combination of the water -carried wastes from residences, busiRess
commercial buildings, institutions, and industrial establishments, together with
such ground, surface, and stormwaters as may be present.
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ORDINANCE NO. 6074
SEWAGE TREATMENT PLANT: Any arrangement of devices and structures used for
treating sewage.
SEWAGE WORKS: All facilities for collecting, pumping, treating, and disposing of
sewage.
SEWER: A pipe or conduit for carrying sewage.
SEWER, BUILDING: The extension from the building drain to the public sewer or
other place of disposal.
SEWER, PUBLIC: That portion of a sanitary sewer and its appurtenances located
on property, easements, and rights -of -way held, owned, controlled, and accepted
by the City or other public authority.
SEWER, SANITARY: A sewer which carries sewage and to which storm, surface,
and groundwaters are not intentionally admitted.
SIDE SEWER: See Sewer, Building.
SIDE SEWER STUB: That portion of the building sewer between primary collection
lines and individual property lines.
SOURCE CONTROL: A practice to implement preventative measures to stop
pollution before it enters the MS4 and subsequently flows to receiving waters.
Source control aims to address accumulation of non -point source pollutants such
as fertilizers, oil and grease, washwater, etc., that originate from daily
business/site activities, spill incidents, improper disposal, or other indirect
sources.
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ORDINANCE NO. 6474
SOURCE CONTROL BEST MANAGEMENT PRACTICES (BMPs): A structural or
nonstructural BMP intended to prevent contaminants from entering surface
water, stormwater, or groundwater including the modification of processes to
eliminate the production or use of contaminants. Structural source control BMPs
involve the construction of a physical structure on -site, or other type of physical
modification to_a site (e.g., a covered storage area); nonstructural source control
involves the modification _o_r_addition of managerial or behavioral practices.
SOURCE CONTROL INSPECTION: A site visit or follow-up, conducted by the Public
Works Administrator to assess compliance with source control requirements.
STORM SEWER and STORM DRAIN: A sewer which carries storm and surface
waters and drainage, but excludes sewage and polluted industrial wastes.
STORMWATER: Runoff during and following precipitation and snowmelt events,
including surface runoff, drainage, or interflow.
WATERCOURSE: A channel in which a flow of water occurs either continuously or
intermittently.
SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or
regulations; or ordinance numbering and section/subsection numbering and references. The City
Clerk is further authorized to direct the codifier to update any chapter,_ section, or subsection
titles in the Renton Municipal Code affected by this ordinance, including, but not limited to: RMC
44
ORDINANCE NO. 6074
4-3-050.C.3 footnote 9, and RMC 4-3-050.G.8.b.vi(d)(3), and RMC 4-7-200.13, and RMC 4-8-
120, D.4.
SECTION V. If any section, subsection, sentence, clause, phrase, or word of this
ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other
section, subsection, sentence, clause, phrase, or word of this ordinance.
SECTION VI. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City's official newspaper. The summary shall consist of this
ordinance's title.
PASSED BY THE CITY COUNCIL this 18th day of July, 2022.
APPROVED BY THE MAYOR this 18th day of July, 20,__
Approved as to form:
Shane Moloney, City Attorney
Date of Publication: 7/21/2022 (Summary)
ORD-PW:2223.7/6/22
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