BMC § 14.05.140 through 14.05.200 are intended to:
A. 
Provide for the inspection and regulation of public or private storm and surface water system control or detention facilities in order to provide for a properly functioning city storm and surface water drainage system and to protect the public health, safety and welfare;
B. 
Authorize the storm and surface water utility to inspect storm and surface water system control and drainage control facilities and to require owners of such systems to maintain, operate and repair such systems in conformity with the code and the utility standards and regulations; and
C. 
Authorize the storm and surface water utility to investigate the source of suspected illicit discharges, dumping, and/or illicit connections.
(Ord. 1853 § 2 (Exh. B), 2018)
Each owner or person responsible for the maintenance, operation or repair of detention facilities within the city shall maintain, operate and repair said detention facilities in compliance with the requirements of this code and in compliance with the utility standards and regulations.
(Ord. 1853 § 2 (Exh. B), 2018)
Drainage control facilities required by this title and by the rules adopted hereunder shall be maintained by the owner or other responsible party. The owner or responsible party shall inspect permanent drainage control facilities at least annually, and shall inspect temporary drainage control facilities and other temporary best management practices or facilities on a schedule sufficient for the facilities to function at design capacity. When an inspection identifies a need for maintenance as defined by standards found in chapter 4 of Volume V of the storm water manual, maintenance shall be performed in accordance with the following schedule:
A. 
Within one year for typical maintenance of facilities, except catch basins.
B. 
Within six months for catch basins.
C. 
Within two years for maintenance that requires capital construction of less than $25,000. The public works director may require the responsible party to conduct more frequent inspections and/or maintenance when necessary to ensure functioning at design capacity.
(Ord. 1853 § 2 (Exh. B), 2018)
The public works director shall establish inspection programs to ensure compliance with the requirements of this title and accomplishment of 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; inspections 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; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; visual inspection of catch basins and detention/retention ponds; video inspection of pipe system; sampling discharges, surface water, ground water, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other best management practices.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
New Installations and Connections. When any new drainage control facility is installed on private property, and when any new connection is made between private property and a public drainage control system, or sanitary sewer, the property owner shall obtain approval from the public works director. The property owner shall grant the city the right to enter the property at reasonable times and in a reasonable manner pursuant to an inspection program established pursuant to BMC § 14.05.170, and to enter the property when the city has a reasonable basis to believe that a violation of this title is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this title.
B. 
The public works director or designee, whenever implementing the provisions of the utility's inspection program or whenever he/she has cause to believe that a violation of this code or the utility standards and regulations has been or is being committed, is authorized to inspect during regular working hours and at other reasonable times all drainage control facilities within the city to determine compliance with the provisions of this code and the utility standards and regulations. If a property owner has not granted right of entry under subsection (A) of this section, prior to making any inspection the director shall present identification credentials, state the reason for the inspection, and request entry.
1. 
If said property or any building or structure on said property is unoccupied, he/she shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portion thereof and request entry.
2. 
If, after reasonable effort, the public works director or designee is unable to locate the owner or such other person(s) having charge or control of the property, and he/she has reason to believe the condition of the detention facility creates an imminent hazard to persons or property, he/she may make entry.
3. 
Unless entry is consented to by the owner or person(s) in control of said property or portion thereof or unless conditions are reasonably believed to exist which create an imminent hazard, the public works director, prior to entry, shall obtain a search warrant as authorized by the laws of the state.
4. 
The public works director or designee may inspect the drainage control facility without obtaining a search warrant pursuant to subsection (B)(3) of this section if said inspection can be conducted while he/she remains on public property or on other property on which he/she has permission to be.
(Ord. 1853 § 2 (Exh. B), 2018)
Disposal of waste from maintenance of drainage and storm water control facilities shall be conducted in accordance with federal, state and local regulations, including the minimum functional standards for solid waste handling, chapter 173-304 WAC, guidelines for disposal of waste materials, and, where appropriate, dangerous waste regulations, chapter 173-303 WAC, including any subsequent amendments to these provisions.
(Ord. 1853 § 2 (Exh. B), 2018)
When a new drainage control facility is installed, the party having the facility installed shall obtain a copy of the as-built plans from the public works director. Responsible parties shall make records of the installation and of all maintenance and repair and shall retain the records for at least 10 years. These records shall be made available to the public works director during inspection of the facility and at other reasonable times upon request of the public works director.
(Ord. 1853 § 2 (Exh. B), 2018)
A. 
General. The purpose of this chapter is to administer and enforce all requirements set forth in this title. Requests for exceptions to the requirements of this title shall be made according to this section and Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, Section 6. Exceptions shall include alternative requirements, waivers, reductions, or modifications of the requirements. An exception shall only be granted to the extent necessary to meet the criteria set forth in this section. An applicant is not entitled to an exception, whether or not the criteria allowing approval of an exception are met. The director may require an applicant to submit an engineer's report or analysis with a request for an exception. When an exception is granted, the director may impose new or additional requirements to offset or mitigate harm that may be caused by granting the exception, or that would have been prevented if the exception had not been granted.
B. 
Public Notice. Public notice of an application for an exception under the criteria set forth in this section shall comply with Appendix 1 of the Western Washington Phase II Municipal Stormwater Permit, Section 6.
(Ord. 1853 § 2 (Exh. B), 2018)