The City of Renton 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 Renton 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 Renton will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Renton, 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 Renton has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
A. PURPOSE:
1. The purpose of this Section shall be to promote and develop policies with respect to the City’s watercourses and to preserve them by minimizing water quality degradation by previous siltation, sedimentation and pollution of creeks, streams, rivers, lakes and other bodies of water, and to protect property owners tributary to developed and undeveloped land from increased runoff rates and to ensure the safety of roads and rightsof-way.
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 in order to promote the effectiveness of the requirements.
3. It shall also be a 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 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 create attractive and functional drainage facilities that do not reduce public safety. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015)
B. ADMINISTERING AND ENFORCING AUTHORITY:
The Administrator of the Public Works Department is responsible for the general administration and coordination of this Section. All provisions of this Section shall be enforced by the Administrator or his or her designated representatives. (Ord. 5526, 2-1-2010)
C. ADOPTION OF SURFACE WATER DESIGN MANUAL:
The 2016 King County, Washington, Surface Water Design Manual as amended by the City of Renton Amendments to the King County Surface Water Design Manual, dated December 12, 2016, is adopted by reference and referred to hereafter as the 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. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)
I. ADOPTION OF STORMWATER POLLUTION PREVENTION MANUAL:
The April 2016 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. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828, 12-12-2016)
4. Elimination of Illicit Connection and/or Illicit Discharge:
a. Notice of Violation: Whenever the 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:
i. The performance of monitoring, analyses, and reporting by the violator;
ii. The elimination of illicit connections or discharges;
iii. That violating discharges, practices, or operations shall immediately cease and desist;
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 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 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 MS4, whether it be surface water and/or groundwater, that the discharge must be terminated by a specified date.
L. BONDS AND LIABILITY INSURANCE REQUIRED:
2. Maintenance and Defect Bond (required only for those facilities to be maintained and operated by the City of Renton): After satisfactory completion of the facilities and prior to the release of the construction bond by the City, the person constructing the facility shall commence a two (2) year period of satisfactory maintenance of the facility. A cash bond, surety bond or bona-fide contract for maintenance and defects with a third-party for the duration of this two (2) year period, to be approved by the City of Renton and to be used at the discretion of the City of Renton to correct deficiencies in said maintenance affecting public health, safety and welfare, must be posted and maintained throughout the two (2) year maintenance and defect period. The amount of the cash bond or surety bond shall be in the amount equal to twenty percent (20%) of the estimated cost of construction for a two (2) year period calculated using the Bond Quantity worksheet as described in the Surface Water Design Manual.
The owner of the property shall throughout the maintenance and defect period notify the City in writing if any defect or malfunction of the drainage system has come to his or her notice. Failure to notify the City shall give the City cause to reject assumption of the maintenance of the facility at the expiration of the two (2) year maintenance and defect period, or within one year of the discovery of the defect or malfunction of the drainage system, whichever period is the latest in time.
3. Liability Policy: Before a permit shall be issued for any construction, insurance will be required as follows:
a. Duration and Limits: The applicant shall secure and maintain in force throughout the duration of the permit commercial general liability insurance written on an occurrence basis with limits no less than one million dollars ($1,000,000.00) for each occurrence/two million dollars ($2,000,000.00) aggregate.
b. Additional Insured: Copies of such insurance policy or policies shall be furnished unto the City with a special endorsement in favor of the City with the City named as a primary and noncontributory additional insured on the insurance policy and an endorsement stating such shall be provided to the City.
c. Cancellation Notice Required: The policy shall provide that it will not be canceled or reduced without thirty (30) calendar days’ advance written notice to the City.
d. Waiver: Upon showing of a hardship and at the discretion of the Administrator, the insurance requirements may be reduced or waived for single family or two (2) family residential applications. (Ord. 5526, 2-1-2010; Ord. 5645, 12-12-2011; Ord. 5749, 1-12-2015)
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 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 and any defects or repairs have been corrected and approved by the Department prior to the end of the two (2) year maintenance period;
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 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, operation and maintenance in accordance with the standards and requirements per subsection C of this Section 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;
iv. Located within and serving a multi-family, commercial site, industrial or mixed use property site;
v. Not otherwise accepted by the City for maintenance.
b. A declaration of covenant 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. 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 declaration of covenant provided in the Surface Water Design Manual.
City staff from Public Works and Community Services are responsible for operations and maintenance of MS4 infrastructure. This section describes the Phase II Permit requirements related to operations and maintenance, including planned activities.
2019–2024 Phase II Permit Requirements
Section S5.C.7 of the 2019–2024 Phase II Permit requires the city to implement and document an O&M program to regulate and conduct maintenance activities to prevent or reduce
stormwater impacts. The specific Phase II Permit requirements are as follows:
1. Implement maintenance standards that are at least as protective as those specified in Ecology’s Stormwater Management Manual for Western Washington or approved program. No later than June 30, 2022, update maintenance standards as needed.
2. Implement provisions to verify adequate long-term operation and maintenance (O&M) of stormwater treatment and flow control BMPs/facilities.
3. Conduct annual inspections of all stormwater treatment and flow control BMPs/facilities that discharge to the stormwater system and were permitted by the City since 2010 (unless maintenance records justify a reduced inspection frequency).
4. Perform annual inspections of all city-owned or operated permanent stormwater treatment and flow control BMPs/facilities, other than catch basins, and take appropriate maintenance actions (unless maintenance records justify a reduced inspection frequency).
5. Spot check potentially damaged permanent treatment and flow control BMPs/facilities (other than catch basins) after major storm events; and conduct maintenance and repairs as needed.
6. Perform routine catch basin and inlet inspections. Clean as needed based on maintenance standards. Elect to use an alternative approach to inspection if desired.
7. Implement and document practices, policies, and procedures to reduce stormwater impacts associated with runoff from all lands owned or maintained by the city and road maintenance activities under the functional control of the city.
8. Implement an ongoing training program for city staff whose primary construction, operations, or maintenance job functions may impact stormwater quality.
9. Implement Stormwater Pollution Prevention Plans (SWPPPs) for all heavy equipment maintenance or storage yards and material storage facilities owned or operated by the city.
10. Maintain records of inspections, maintenance, repair, and enforcement activities.
Renton Municipal Code 4-6-030 DRAINAGE (SURFACE WATER) STANDARDS
Renton Stormwater Management Program Plan (2020)
Renton NPDES Phase II Municipal Stormwater Permit