Title 9
SURFACE WATER, STORMWATER AND GROUNDWATER MANAGEMENT
(Formerly SURFACE WATER MANAGEMENT)
UPDATED: May 29, 2024
Chapters:
9.02 GENERAL PROVISIONS
9.04 STORMWATERRUNOFF AND SURFACE WATER AND EROSION CONTROL
9.08 SURFACEWATER MANAGEMENT PROGRAM
9.12 WATERQUALITY
9.14 GROUNDWATERPROTECTION
CROSS REFERENCE:
See K.C.C. chapter 20.14 for basin plans
Sections:
9.02.010 Relationship to comprehensive planand growth management act.
9.02.020 Notification to tribes.
9.02.010 Relationship to comprehensive planand growth management act. This Title ishereby enacted to be consistent with and implement the comprehensive plan inaccordance with RCW 36.70A. (Ord. 11615 § 1 (part), 1994).
9.02.020 Notification to tribes. Thecounty recognizes that many actions undertaken pursuant to Title 9, as amended,may impact treaty fishing rights of federally-recognized tribes. In order tohonor and prevent interference with these treaty fishing rights and to providefor water quality and habitat preservation, the county shall provide notice toany federally-recognized tribes whose treaty fishing rights would be affectedby an action undertaken pursuant to this title, including but not limited to:development of wetlands, stream and river banks, lakeshore habitat of waterbodies, or development directly or indirectly affecting anadromous bearingwater bodies, including the promulgation of plans, rules, regulations orordinances implementing the provisions of this title, whether or not review ofsuch actions is required under the State Environmental Policy Act (SEPA) RCW43.21C. (Ord. 11615 § 1 (part), 1994).
Sections:
9.04.005 Scope.
9.04.010 Findings.
9.04.020 Definitions.
9.04.030 Drainage review - when required -type.
9.04.050 Drainage review – requirements.
9.04.060 Critical drainage and/or erosionareas.
9.04.070 Engineering plans for the purposesof drainage review.
9.04.090 Construction timing and finalapproval.
9.04.095 Vesting period for lots in finalshort plats.
9.04.100 Liability insurance required.
9.04.105 Financial guarantees authorized.
9.04.115 Drainage facilities accepted byKing County for maintenance.
9.04.120 Drainage facilities not acceptedby King County for maintenance.
9.04.130 Hazards.
9.04.135 Natural hazards – authority ofdirector – notice.
9.04.140 Administration – rules – notice –authority of director – obligations of responsible party.
9.04.180 Enforcement.
9.04.192 Liberal construction.
9.04.194 Implementation, review andrevision.
9.04.196 Agency rules.
9.04.197 Effective date.
9.04.200 Severability.
9.04.005 Scope. Compliance with thestandards in this chapter and the Surface Water Design Manual does notnecessarily mitigate all probable and significant environmental impacts toaquatic biota. Fishery resources and other living components of aquaticsystems are affected by a complex set of factors. While employing a specificflow control standard may prevent stream channel erosion or instability, otherfactors affecting fish and other biotic resources (such as increases in streamflow velocities) are not directly addressed by the Surface Water DesignManual. Thus, compliance with this manual should not be construed asmitigating all probable and significant stormwater impacts, and additionalmitigation may be required to protect aquatic biota in streams and wetlands.(Ord. 13191 § 22, 1998).
9.04.010 Findings. The council finds this chapter is necessary in order topromote the public health, safety and welfare by providing for thecomprehensive management of stormwater runoff and surface water and erosioncontrol, especially that which preserves and utilizes the many values of thecounty's natural drainage system including open space, fish and wildlifehabitat, recreation, education and urban separation. The council also findsthat King County shall conduct programs to reduce flooding, erosion andsedimentation; prevent and mitigate habitat loss; enhance groundwater recharge;and prevent water quality degradation through the implementation ofcomprehensive and thorough permit review, construction inspection, enforcementand maintenance, in order to promote the effectiveness of the requirementscontained in this chapter. (Ord. 18257 § 1, 2016: Ord. 11615 § 2, 1994: Ord.9163 § 1, 1989).
9.04.020 Definitions. The definitionsin this section apply throughout this chapter unless the context clearlyrequires otherwise.
A. "Adjustment" means adepartment-approved variation in the application of the requirements of K.C.C.9.04.050 and the Surface Water Design Manual to a particular project inaccordance with K.C.C. 9.04.050.C. “Adjustment” replaces "variance,"which was used in prior editions of the Surface Water Design Manual.
B."Applicant" means a property owner or a public agency or public orprivate utility that owns a right-of-way or other easement or has beenadjudicated the right to such an easement under RCW 8.12.090, or any person orentity designated or named in writing by the property or easement owner to bethe applicant, in an application for a development proposal, permit orapproval.
C. "Basin" means a geographic areathat contains and drains to a stream or river named and noted on common maps,such as the Cedar river, Sammamish river, Green river, Snoqualmie river,Skykomish river or White river, or a geographic area that drains to anonflowing water body named and noted on common maps, such as Lake Washingtonor Puget Sound.
D. "Basin plan" means a plan and allimplementing regulations and procedures including, but not limited to, capitalprojects, public education activities and land use management adopted byordinance for managing surface water and stormwater within the basin.
E. "Best management practice" or"BMP" means any schedule of activities, prohibition of practices,maintenance procedure, or structural and/or managerial practice approved byKing County that, when used singly or in combination, prevents or reduces therelease of pollutants and other adverse impacts to surface water, stormwaterand groundwater.
F. "Closed depression" means an areagreater than five thousand square feet at overflow elevation that is low-lyingand that has no or such a limited surface water outlet that the area acts as astormwater retention facility.
G. "Construct or modify" means toinstall a new drainage pipe or ditch or make improvements to an existingdrainage pipe or ditch, for purposes other than maintenance, that either servesto concentrate previously unconcentrated surface water or stormwater runoff orserves to increase, decrease or redirect the conveyance of surface water orstormwater runoff. “Construct or modify” does not include installation ormaintenance of a driveway culvert installed as part of a single-familyresidential building permit.
H. “Construction stormwater pollutionprevention BMP” means a control or measure that prevents or reduces thedischarge of pollutants and sediments resulting from construction activities.
I. "Conveyance system" means the drainagefacilities and features, both natural and constructed, that provide for thecollection and transport of surface water or stormwater runoff. The naturalelements of the “conveyance system” include swales and small drainage courses,streams, rivers, lakes and wetlands. The constructed elements of the“conveyance system” include gutters, ditches, pipes, catch basins, channels andmost flow control and water quality facilities.
J. "Department" means the departmentof natural resources and parks or its successor.
K. "Development" means any activitythat requires a permit or approval, including, but not limited to, a buildingpermit, grading permit, shoreline substantial development permit, conditionaluse permit, special use permit, zoning variance or reclassification,subdivision, short subdivision, urban planned development, binding site plan,site development permit or right-of-way use permit. “Development” does notinclude forest management activities, as defined in K.C.C. chapter 21A.06.
L. “Directed drainage review” means thedrainage review for a proposed single family residential project oragricultural project that is not subject to simplified or large projectdrainage review.
M. "Director" means the director of thedepartment of natural resources and parks, or the authorized representatives ofthe director, including compliance officers and inspectors whose responsibilityincludes the detection and reporting of code violations.
N. "Drainage" means the collection,conveyance, containment or discharge, or any combination thereof, of stormwaterrunoff or surface water.
O. "Drainage facility" means aconstructed or engineered feature that collects, conveys, stores, treats orotherwise manages stormwater runoff or surface water. “Drainage facility”includes, but is not limited to, a constructed or engineered stream, lake,wetland or closed depression, or a pipe, channel, ditch, gutter, flow controlfacility, flow control BMP, water quality facility, erosion and sedimentcontrol facility and any other structure and appurtenance that provides fordrainage.
P. "Drainage review" means anevaluation by King County staff of a proposed project's compliance with thedrainage requirements in the Surface Water Design Manual. The types of drainagereview include: simplified drainage review, targeted drainage review, directeddrainage review, full drainage review and large project drainage review.
Q. "Erosion and sediment control"means any temporary or permanent measures taken to reduce erosion, controlsiltation and sedimentation and ensure that sediment‑laden water does notleave the site or enter into wetlands or aquatic areas.
R. "Financial guarantee" means aform of financial security posted to do one or more of the following: ensuretimely and proper completion of improvements; ensure compliance with the KingCounty Code; or provide secured warranty of materials, quality of work of theimprovements and design. “Financial guarantees” include assignments of funds,cash deposit, surety bonds or other forms of financial security acceptable tothe department of local services permitting division manager or designee.“Performance guarantee,” “maintenance guarantee” and “defect guarantee” areconsidered subcategories of financial guarantee.
S. “Flood hazard management plan” means a planand all implementing goals, objectives, guiding principles, policies andprograms, including, but not limited to, capital projects, public outreach andeducation activities and enforcement programs for reduction of flood risks andprepared in accordance with RCW 86.12.200.
T. “Flow control BMP” means small scaledrainage facility or feature that is part of a development site strategy to useprocesses such as infiltration, dispersion, storage, evaporation,transpiration, forest retention and reduced impervious surface foot print tomimic predeveloped hydrology and minimize stormwater runoff. “Flow controlBMPs” include the methods and designs specified in the Surface Water DesignManual. Flow control BMPs are also known as low impact development, or LID,BMPs.
U. "Flow control facility" means adrainage facility designed in accordance with the drainage requirements in thischapter to mitigate the impacts of increased stormwater runoff generated bysite development. A “flow control facility” is designed either to hold waterfor a considerable length of time and then release it by evaporation, planttranspiration or infiltration into the ground or to hold runoff for a shortperiod of time and then release it to the conveyance system.
V. "Full drainage review" means theevaluation required by K.C.C. 9.04.030 for any proposed project, unless theproject is subject to simplified drainage review, directed drainage reviewtargeted drainage review or large project drainage review, that:
1. Would result in two thousand square feetor more of new impervious surface, replaced impervious surface or new plusreplaced impervious surface; or
2. Would result in seven thousand squarefeet or more of land disturbing activity.
W. “Groundwater” means all water found in thesoil and stratum beneath the land surface or beneath the bed of any surfacewater.
X. "High-use site" means the area of acommercial, industrial or road intersection site that generates a higher thanaverage number of vehicle turnovers or has other characteristics that generatethe potential for chronic oil accumulation. “High use site” includes:
1. The area of a commercial or industrialsite subject to:
a. an expected daily traffic count greaterthan one hundred vehicles per one thousand square feet of gross building area;
b. petroleum storage or transfer in excessof one thousand five hundred gallons per year, not including routine heatingoil storage or transfer at the end-user point of delivery; or
c. use, storage or maintenance of a fleetof twenty-five or more diesel or jet fuel vehicles each weighing over ten tons;or
2. A road intersection with average dailytraffic counts of twenty-five thousand vehicles or more on the main roadway andfifteen thousand or more vehicles on any intersecting roadway, excludingpedestrian or bicycle use improvement projects.
Y. "Hydraulically connected" meansconnected through surface flow or water features such as wetlands or lakes.
Z. "Impervious surface" means a hardsurface area that either prevents or retards the entry of water into the soilmantle as under natural conditions before development or that causes water torun off the surface in greater quantities or at an increased rate of flow fromthe flow present under natural conditions before development. Commonimpervious surfaces include, but are not limited to, roofs, walkways, patios,driveways, parking lots, storage areas, areas that are paved, graveled or madeof packed or oiled earthen materials or other surfaces that similarly impedethe natural infiltration of surface water or stormwater. For purposes ofapplying the impervious surface thresholds in this chapter, permeable pavement,vegetated roofs and underdrained pervious surfaces are considered “impervioussurface,” while an open uncovered flow control or water quality facility isnot.
AA. "Improvement" means a permanent,human-made, physical change to land or real property including, but not limitedto, buildings, streets, driveways, sidewalks, crosswalks, parking lots, watermains, sanitary and storm sewers, drainage facilities and landscaping.
BB. “Land disturbing activity” means anactivity that results in a change in the existing soil cover, both vegetativeand nonvegetative, or to the existing soil topography. “Land disturbingactivity” includes, but is not limited to, demolition, construction, clearing,grading, filling, excavation and compaction. “Land disturbing activity” doesnot include tilling conducted as part of agricultural practices, landscapemaintenance or gardening.
CC. "Lake management plan" means aplan describing the lake management recommendations and requirements adopted bypublic rule for managing water quality within individual lake basins.
DD. "Large project drainage review"means the evaluation required by K.C.C. 9.04.030 for any proposed project that:
1. Has an urban plan development land usedesignation in the King County Comprehensive Plan land use map;
2. Would, atfull buildout of the project site, result in fifty acres or more of newimpervious surface within a drainage subbasin or a number of subbasinshydraulically connected across subbasin boundaries; or
3. Has a project site of fifty acres or morewithin a critical aquifer recharge area, as defined in K.C.C. Title 21A.
EE."Licensed civil engineer" means aperson registered with the State of Washington as a professional engineer incivil engineering.
FF."Maintenance" means those usual activities taken to prevent adecline, lapse or cessation in the use of currently serviceable structures,facilities, equipment or systems, if there is no expansion of the structure,facilities, equipment or system and there are no significant hydrologicimpacts. "Maintenance" includes the repair or replacement ofnonfunctional facilities or the replacement of existing structures with differenttypes of structures, if the repair or replacement is required by one or moreenvironmental permits or to meet current engineering standards and thefunctioning characteristics of the original facility or structure are notchanged.
GG. "Master drainage plan" means acomprehensive drainage control plan required for projects subject to largeproject drainage review and intended to prevent significant adverse impacts tosurface water and groundwater, both onsite and offsite.
HH. "Native vegetated surface" meansa surface in which the soil conditions, ground cover and species of vegetationare like those of the original native condition for the site, as morespecifically set forth in the Surface Water Design Manual.
II. "Natural discharge location"means the location where runoff leaves the project site under existing siteconditions as defined in the Surface Water Design Manual.
JJ. "Natural hazard" means acondition in land or water, or both, that arises in whole or in part out ofnatural processes and that creates a threat of immediate and substantial harm.A "natural hazard" may include, but is not limited to, a beaver dam,a debris dam in a stream, severe erosion at the base of a steep slope or astream displaced from its original channel.
KK. "New impervious surface" meansthe creation of impervious surface or the addition of a more compacted surfacesuch as the paving of existing dirt or gravel.
LL. "New pervious surface" means theconversion of a native vegetated surface or other native surface to a nonnativepervious surface, including, but not limited to, pasture land, grassland,cultivated land, lawn, landscaping or bare soil or any alteration of existingnonnative pervious surface that results in increased stormwater runoff asdefined in the Surface Water Design Manual.
MM. "Pollution-generating impervioussurface" means an impervious surface considered to be a significant sourceof pollutants in stormwater runoff. “Pollution-generating impervioussurface" includes those surfaces subject to vehicular use; industrialactivities; or storage of erodible or leachable materials, wastes or chemicalsand that receive direct rainfall or the run-on or blow-in of rainfall. Acovered parking area would be included if runoff from uphill could regularly runthrough it or if rainfall could regularly blow in and wet the pavementsurface. Metal roofs are also considered pollution-generating impervioussurface unless they are treated to prevent leaching. Roofs exposed to theventing of significant amounts of dusts, mists or fumes from manufacturing,commercial or other indoor activities are also included, as are vegetated roofsexposed to pesticides, fertilizers or loss of soil.
NN. “Pollution-generating pervioussurface" means a nonimpervious surface considered to be a significantsource of pollutants in stormwater runoff. “Pollution-generating pervioussurfaces” include: surfaces subject to vehicular use, industrial activities,storage of erodible or leachable materials, wastes or chemicals, and that receivedirect rainfall or the run-on or blow-in of rainfall; or surfaces subject tothe use of pesticides and fertilizers to the loss of soil.“Pollution-generating pervious surface” includes, but is not limited to, thelawn and landscaped areas of a residential, commercial or industrial site orland use, golf course, park, sports field and county-standard grassed modulargrid pavement.
OO. "Project" means any proposedaction to alter or develop a site that may also require drainage review.
PP. "Project site" means the portionof a site and any offsite areas subject to proposed project activities,alterations and improvements including those required by this chapter.
QQ. "Redevelopment project" means aproject that proposes to add, replace or modify impervious surface for purposesother than a residential subdivision or maintenance on a site that:
1. Is already substantially developed in amanner that is consistent with its current zoning or with a legal nonconforminguse; or
2. Has an existing impervious surfacecoverage of thirty-five percent or more.
RR. "Replaced impervious surface"means an existing impervious surface proposed to be removed and reestablishedas impervious surface, excluding impervious surface removed for the solepurpose of installing utilities or performing maintenance. For structures,"removed" means the removal of buildings down to the foundation. Forother impervious surfaces, "removed" means the removal down to basecourse or bare soil. For purposes of this definition, "base course"means the layer of crushed rock that typically underlies an asphalt or concretepavement.
SS. "Salmon conservation plan" meansa plan and all implementing regulations and procedures including, but notlimited to, land use management adopted by ordinance, capital projects, publiceducation activities and enforcement programs for conservation and recovery ofsalmon within a water resource inventory area designated by the state under WAC173-500-040.
TT. “Shared facility” means a drainage facilitydesigned to meet one or more of the requirements of K.C.C. 9.04.050 for two ormore separate projects contained within a basin. Shared facilities usuallyinclude shared financial commitments for those drainage facilities.
UU. "Simplified drainage review"means the drainage review for a proposed single-family residential project oragricultural project that:
1. Would result in impervious and newpervious surface insufficient to require a flow control or water qualityfacility as specified in K.C.C. 9.04.050 and the Surface Water Design Manual;and
2. Meets the simplified drainagerequirements and BMPs specified in the Surface Water Design Manual, includingflow control BMPs, construction stormwater pollution prevention BMPs, anddrainage plan submittal requirements.
VV. "Site" means a single parcel, oreither two or more contiguous parcels that are under common ownership ordocumented legal control or a portion of single parcel under documented legalcontrol separate from the remaining parcel, used as a single parcel for aproposed project for purposes of applying for authority from King County to carryout a proposed project. For projects located primarily within dedicatedrights-of-way, "site" includes the entire width of right-of-waysubject to improvements proposed by the project.
WW. "Stormwater" means the waterproduced during precipitation or snowmelt, which runs off, soaks into theground or is dissipated into the atmosphere. Stormwater that runs off or soaksinto the ground ultimately becomes surface water or groundwater.
XX. "Stormwater compliance plan"means a plan or study and all regulations and procedures that have been adoptedby the county to implement the plan or study, including, but not limited to,capital projects, public education activities and enforcement programs formanaging stormwater quantity and quality discharged from the county's municipalseparate storm sewer system in compliance with the National Pollutant DischargeElimination System permit program under the Clean Water Act.
YY. "Stormwater runoff" meansstormwater that flows over, or just below, the surface where it fell ormelted. "Stormwater runoff" contributes to and becomes surface wateror groundwater.
ZZ. "Subbasin” means a geographic areathat:
1. Drains to a stream or water body namedand noted on common maps; and
2. Is contained within the basin of thestream or water body.
AAA. "Surface water" means the waterthat exists on land surfaces before, during, and after stormwater runoff occursand includes, but is not limited to, the water found on ground surfaces and indrainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlandsand Puget Sound. It also includes shallow groundwater.
BBB. "Surface Water Design Manual"means the manual, and supporting documentation referenced or incorporated inthe manual, describing surface and stormwater design and analysis requirements,procedures and guidance. The “Surface Water Design Manual” is formally adoptedby rule under the procedures of K.C.C. chapter 2.98 and is available from thedepartment of local services, permitting division, or the department of naturalresources and parks, water and land resources division, or their successors.
CCC. "Targeted drainage review"means an abbreviated evaluation required by K.C.C. 9.04.030 for certain typesof proposed projects that are not subject to full or large project drainagereview. Targeted drainage review may be required for some projects insimplified drainage review.
DDD. "Water quality facility" meansa drainage facility designed in accordance with the drainage requirements inthis chapter to mitigate the impacts of increased pollutants in stormwaterrunoff generated by site development. A “water quality facility” usesprocesses that include but are not limited to settling, filtration, adsorptionand absorption to decrease pollutant concentrations and loadings in stormwaterrunoff. (Ord. 18791 § 50, 2018: Ord. 18683 § 1, 2018: Ord. 18257 § 2, 2016:Ord. 17539 § 1, 2013: Ord. 17420 § 16, 2012: Ord. 16264 § 1, 2008: Ord. 15052§ 1, 2004: Ord. 14199 § 128, 2001: Ord. 13191 § 1, 1998: Ord. 12196 § 1,1996: Ord. 12020 § 37, 1995: Ord. 11700 § 1, 1995: Ord. 11615 § 2, 1994:Ord. 9163 § 2, 1989).
9.04.030 Drainage review - when required -type.
A. Drainagereview is required when any proposed project is subject to a King Countydevelopment permit or approval and:
1. Would result in two thousand square feetor more of new impervious surface, replaced impervious surface or new plusreplaced impervious surface;
2. Would involve seven thousand square feetor more of land disturbing activity;
3. Would construct or modify a drainage pipeor ditch that is twelve inches or more in size or depth or receives stormwaterrunoff or surface water from a drainage pipe or ditch that is twelve inches ormore in size or depth;
4. Contains or is adjacent to a flood hazardarea as defined in K.C.C. chapter 21A.24;
5. Is located within a critical drainagearea; or
6. Is a redevelopment project proposing onehundred thousand dollars or more of improvements to an existing high-use site.
B. The drainagereview for any proposed project shall be scaled to the scope of the project'ssize, type of development and potential for stormwater impacts to surface waterand groundwater to facilitate the preparation and review of projectapplications. If drainage review for a proposed project is required under subsectionA. of this section, the department performing drainage review as specified inK.C.C. 9.04.070 shall determine which of the following drainage reviews applyas specified in the Surface Water Design Manual:
1. Simplified drainage review;
2. Targeted drainage review;
3. Directed drainage review
4. Full drainage review; or
5. Large project drainage review. (Ord. 18257§ 3, 2016: Ord. 17420 § 17, 2012: Ord. 16264 § 2, 2008: Ord. 15052 § 2,2004: Ord. 13191 § 2, 1998: Ord. 11615 § 4, 1994: Ord. 11016 § 13, 1993: Ord.9163 § 3, 1989).
9.04.050 Drainagereview – requirements.
A. A proposedproject required to have drainage review by K.C.C. 9.04.030 must meet each ofthe following core requirements, which are described in detail in the SurfaceWater Design Manual. Projects subject only to simplified drainage review thatmeet the simplified drainage requirements and BMPs specified in the SurfaceWater Design Manual, including flow control BMPs, construction stormwater pollutionprevention BMPs and drainage plan submittal requirements are deemed to complywith the following core requirements:
1. Corerequirement 1: Discharge at the natural location. All stormwater runoff andsurface water from a project shall be discharged at the natural location so asnot to be diverted onto, or away from, downstream properties. The manner inwhich stormwater runoff and surface water are discharged from the project siteshall not create a significant adverse impact or significantly aggravate anexisting adverse impact to downhill properties or drainage facilities asspecified in the discharge requirements of the Surface Water Design Manual;
2. Core requirement 2:Offsite analysis. The initial application submittal for proposed projects shallinclude an offsite analysis report that assesses potential offsite drainage andwater quality impacts associated with development of the proposed site andproposes appropriate mitigations to those impacts. This initial submittalshall include, at minimum, a Level One downstream analysis as described in theSurface Water Design Manual. If impacts are identified, the proposed projectsshall meet any applicable problem-specific requirements as specified in theSurface Water Design Manual;
3. Core requirement 3: Flowcontrol facilities. Proposed projects that would result in five thousand squarefeet or more of new plus replaced impervious surface or three quarters of anacre or more of new pervious surface shall provide flow control facilities tocontrol stormwater runoff generated by new impervious surface, new pervioussurface, replaced impervious surface and any existing impervious surface addedon or after January 8, 2001, as specified in the Surface Water Design Manual.Flow control facilities shall meet the area-specific flow control facilityrequirements and the flow control facility implementation requirementsapplicable to the project site as specified in the Surface Water DesignManual. Projects subject to area-specific flow control facility requirementsshall meet one of the flow control facility performance criteria listed in a.through c. of this subsection A.3., as directed by the Surface Water DesignManual:
a. Level One shall matchthe predeveloped site's peak discharge rates for the two-year and ten-yearreturn periods;
b. Level Two shall meetLevel One criteria and also match the predeveloped site's discharge durationsfor the predeveloped peak discharge rates between the fifty percent of thetwo-year peak flow through the fifty-year peak flow; or
c. Level Three shall meetLevel Two criteria and also match the predeveloped site's peak discharge ratefor the one hundred-year return period;
4. Core requirement 4:Conveyance system. All engineered conveyance system elements for proposedprojects shall be analyzed, designed and constructed to provide the minimum levelof protection against overtopping, flooding, erosion and structural failure asspecified by the conveyance requirements for new and existing systems andconveyance implementation requirements described in the Surface Water DesignManual;
5. Core requirement 5:Construction stormwater pollution prevention. All proposed projects that willconduct construction activities onsite or offsite or will clear, grade orotherwise disturb the site shall provide stormwater pollution preventioncontrols, spill controls, and erosion and sediment controls-to-prevent, reduceor eliminate the discharge of pollutants including sediment to onsite oradjacent drainage facilities, adjacent properties and surface water orgroundwater. Erosion and sediment controls shall be applied in accordance withK.C.C. chapter 16.82 and as specified by the temporary erosion and sedimentcontrol measures and performance criteria and implementation requirements inthe King County Surface Water Design Manual;
6. Core requirement 6:Maintenance and operation. Maintenance of all drainage facilities incompliance with King County maintenance standards is the responsibility of theapplicant or property owner as described in the Surface Water Design Manual,except those facilities for which King County assumes maintenance and operationas described in K.C.C. 9.04.115 and 9.04.120 and the Surface Water DesignManual;
7. Core requirement 7:Financial guarantees and liability. All drainage facilities constructed ormodified for projects, except downspout infiltration and dispersion systems forsingle family residential lots, must comply with the liability requirements ofK.C.C. 9.04.100 and the financial guarantee requirements of K.C.C. Title 27A;
8. Corerequirement 8: Water quality facilities. Proposed projects that would resultin five thousand square feet or more of new plus replaced pollution generatingimpervious surface or three quarters of an acre or more of newpollution-generating pervious surface, or that are redevelopment projects thatwould result in a total of five thousand square feet or more of new andreplaced pollution-generating impervious surface, shall provide water quality facilitiesto treat polluted stormwater runoff generated by new or replaced pollution-generatingimpervious surface, new pollution-generating pervious surface and any existingpollution-generating impervious surface added on or after January 8, 2001, asspecified in the Surface Water Design Manual. However, pervious surfaces arespecifically excluded if there is a good faith agreement with the KingConservation District to implement a farm management plan for agriculturaluses, and pervious areas for other uses are specifically excluded if KingCounty department of local services, permitting division, approves a landscapemanagement plan that controls solids, pesticides, fertilizers and othererodible or leachable materials leaving the site. Water quality facilitiesshall meet the area-specific water quality facility requirements and the waterquality implementation requirements applicable to the project site as specifiedin the Surface Water Design Manual. The facilities specified by theserequirements are designed to reduce pollutant loads according to the applicableannual average performance goals listed in a. through d. of this subsectionA.8. for ninety-five percent of the annual average runoff volume:
a. for basic water quality:remove eighty percent of the total suspended solids;
b. for enhanced basic waterquality: remove sixty percent dissolved zinc and thirty percent of dissolvedcopper;
c. for sensitive lakeprotection: remove fifty percent of the total phosphorus; and
d. for sphagnum bogprotection: remove fifty percent of the total phosphorus and forty percent ofthe total nitrate plus nitrite. The discharge shall maintain a pH of less than6.5 and an alkalinity of less than ten milligrams per liter.
9. Core requirement 9: Flowcontrol BMPs. Proposed projects that would result in two thousand square feetor more of new plus replaced impervious surface or seven thousand square feetor more of land disturbing activity shall provide flow control BMPs that useprocesses such as infiltration, dispersion, storage, evaporation,transpiration, forest retention and reduced impervious surface footprint tomimic pre-developed hydrology and minimize stormwater runoff generated by newimpervious surface, new pervious surface, replaced impervious surface and anyexisting impervious surface added on or after January 8, 2001, as specified inthe Surface Water Design Manual. Flow control BMPs shall be applied to managestormwater runoff from the aforementioned surfaces to the maximum extentfeasible using lists of flow control BMPs specific to the project location, sizeand impervious coverage; or as required to demonstrate that developed dischargedurations from the surfaces match pre-developed durations for those surfacesfor the range of predeveloped discharge rates from eight percent of thetwo-year peak flow to fifty percent of the two-year peak flow as specified inthe Surface Water Design Manual.
B. A proposed project requiredby K.C.C. 9.04.030 to have drainage review shall meet any of the followingspecial requirements that apply to the site and that are described in detail inthe Surface Water Design Manual. The department performing drainage review asspecified in K.C.C. 9.04.070 shall verify if a proposed project is subject toand must meet any of the following special requirements.
1. Special requirement 1:Other adopted area-specific requirements. If a proposed project is in adesignated critical drainage area, or is in an area included in an adoptedmaster drainage plan, basin plan, salmon conservation plan, stormwatercompliance plan, flood hazard management plan, lake management plan or sharedfacility plan, then the proposed project shall meet the applicable drainagerequirements of the critical drainage area, master drainage plan, basin plan,salmon conservation plan, stormwater compliance plan, flood hazard managementplan, lake management plan or shared facility plan;
2. Special requirement 2:Floodplain/floodway delineation. If a proposed project contains or is adjacentto a stream, lake, wetland or closed depression, or if other King Countyregulations require study of flood hazards relating to the proposed project,the one hundred year floodplain boundaries and floodway shall be determined anddelineated on the site improvement plans and profiles and any final mapsprepared for the proposed project. The flood hazard study shall be prepared asspecified in the Surface Water Design Manual;
3. Special requirement 3:Flood protection facilities. If a proposed project contains or is adjacent to astream that has an existing flood protection facility, such as a levee,revetment or berm, or proposes to either construct a new or modify an existingflood protection facility, then the flood protection facilities shall beanalyzed and designed as specified in the Surface Water Design Manual;
4. Special requirement 4:Source Control. If a proposed project requires a commercial building orcommercial site development permit, then water quality source controls shall beapplied to prevent rainfall and runoff from coming into contact with pollutantsto the maximum extent practicable. Water quality source controls shall beapplied in accordance with K.C.C. chapter 9.12, the King County stormwaterpollution prevention manual and the Surface Water Design Manual. Allstructural source controls shall be identified on the site improvement plansand profiles or final maps prepared for the proposed project; and
5. Special requirement 5:Oil control. If a proposed project is any of the following, then oil controlshall be applied to all runoff from the high-use portion of a site as specifiedin the Surface Water Design Manual:
a. a project that creates ahigh-use site;
b. a redevelopment projectproposing one hundred thousand dollars or more of improvements to an existinghigh-use site; or
c. a redevelopment projectthat results in new plus replaced pollution-generating impervious surface offive thousand square feet or more or new pollution-generating pervious surfaceof three quarters of an acre or more.
C.1. An adjustment to therequirements contained in this section or other requirements in the SurfaceWater Design Manual may be proposed. The resulting development shall besubject to all of the remaining terms and conditions of this chapter and theadjustment shall:
a. produce a compensatingor comparable result in the public interest; and
b. meet this chapter'sobjectives of safety, function, appearance, environmental protection andmaintainability based upon sound engineering judgment.
2. If complying with subsectionC.1.a. of this section will deny all reasonable use of a property, the bestpracticable alternative shall be obtained as determined by the department oflocal services permitting division manager or designee according to theadjustment process defined in the Surface Water Design Manual.
3. Requests for adjustmentsthat may conflict with the requirements of any other King County division shallrequire review and concurrence with that division. The director shallcoordinate to resolve conflicts between adjustments to the Surface Water DesignManual and requirements of others divisions.
4. A request for anadjustment is a Type 1 land use decision as provided for in K.C.C. 20.20.020and shall be processed in accordance with the procedures specified in theSurface Water Design Manual.
5. The county may requiremonitoring of experimental designs and technology or untested applicationsproposed by the applicant in order to determine compliance with subsection C.1.of this section and the approved plans and conditions.
6. The applicant may appealan adjustment decision by following the appeal procedures as specified in theSurface Water Design Manual.
D. The drainage reviewrequirements in this section and in the Surface Water Design Manual may bemodified or waived under the procedures in K.C.C. 21A.55.060. (Ord. 18791 § 51, 2018: Ord. 18257 § 4, 2016: Ord. 17539 § 2, 2013: Ord. 17420 § 18, 2012: Ord.16264 § 3, 2008: Ord. 15052 §3, 2004: Ord. 14662 § 2, 2003: Ord. 13191 § 4, 1998: Ord.12822 § 1, 1997: Ord. 12020 § 38, 1995: Ord. 12001 § 1, 1995: Ord. 11615 §5, 1994: Ord. 10570 § 1, 1992: Ord. 9163 § 5, 1989).
9.04.060 Criticaldrainage and/or erosion areas. Development in areas wherethe department has determined that the existing flooding, drainage and/orerosion conditions present an imminent likelihood of harm to the welfare andsafety of the surrounding community shall meet special drainage requirementsset by the director until such time as the community hazard is alleviated.Such conditions may include the limitation of the volume of discharge from thesubject property to predevelopment levels, preservation of wetlands or othernatural drainage features or other controls necessary to protect againstcommunity hazard. Where alternate facility designs or methods will produce acompensating or comparable result in the public interest and which will meetthis section's objectives of safety, function, appearance, environmentalprotection and maintainability, based upon sound engineering judgment, anadjustment to the special drainage requirements promulgated under this sectionmay be proposed, provided that the resulting development shall be subject toall of the remaining terms and conditions of this chapter. Where applicationof this section will deny all reasonable use of a property and a facility ordesign that produces a compensating or comparable result cannot be obtained,then a best practicable alternative may be obtained, to be determined by thedepartment of local services permitting division manager or designee accordingto the adjustment process defined in the Surface Water Design Manual. (Ord.18791 § 52, 2018: Ord. 17420 § 19, 2012: Ord. 13191 § 5, 1998: Ord. 12001 §2, 1995: Ord. 10570 § 2, 1992: Ord. 9163 § 6, 1989: Ord. 7990 § 4, 1987:Ord. 7817 § 2, 1986: Ord. 4938 § 6, 1980: Ord. 2812 § 4, 1976).
9.04.070Engineering plans for the purposes of drainage review.
A.1. All engineering plansshall be submitted to the department of local services, permitting division,for drainage review in accordance with the Surface Water Design Manual exceptthose drainage plans developed by, or under the review of, the water and landresources division of the department of natural resources and parks for eithersurface water or stormwater capital improvement, repair, maintenance orrestoration projects or other linear government agency projects, such asroadways, railways, pipelines, utility lines and trails.
2. If engineering plans arereturned for any reason, they shall be returned to the applicant.
3. All master drainage plans,if required, shall be submitted to the department of local services, permittingdivision, for drainage review in accordance with the specifications in theSurface Water Design Manual. The master drainage plan process should commenceat the same time as the state Environmental Policy Act (SEPA) process.
4. Drainage plans not subjectto drainage review by the department of local services, permitting division,under subsection A.1. of this section shall be reviewed by the water and landresources division of the department of natural resources and parks inaccordance with K.C.C. 9.04.050. Project applicability and compliance withK.C.C. 9.04.050 shall be documented in writing and available for review.
B. The expiration time framesas specified in the Surface Water Design Manual shall apply to all permit andapproval applications.
C. All plans shall be processedin accordance with the drainage review procedures specified in the SurfaceWater Design Manual.
D. All submittal procedures,definitions and specifications for the required contents of engineering plansare presented in the Surface Water Design Manual. (Ord. 18791 § 53, 2018: Ord. 18257 § 5, 2016: Ord. 17420 § 20, 2012: Ord.15052 §4, 2004: Ord. 14199 § 129, 2001: Ord. 13191 § 6,1998: Ord. 12001 § 3, 1995: Ord. 11700 § 2, 1995: Ord. 9163 § 7, 1989: Ord.7817 § 2, 1986: Ord. 2812 § 5, 1976: Ord. 2281 § 6, 1975).
9.04.090Construction timing and final approval.
A. No work related to permanentor temporary storm drainage control for a permitted development may proceedwithout the approval of the department of local services permitting divisionmanager or designee.
B. Erosion and sediment controlmeasures associated with both the interim and permanent drainage systems shallbe:
1. Constructed in accordancewith the approved plan prior to any grading or land clearing other than thatassociated with an approved erosion and sediment control plan; and
2. Satisfactorily sequencedand maintained until all improvements, restoration, and landscaping associatedwith the permit and approvals for the project are completed and the potentialfor onsite erosion has passed.
C. The applicant shall haveconstructed and have in operation those portions of the drainage facilitiesnecessary to accommodate the control of surface and storm water runoffdischarging from the site before the construction of any other improvements orbuildings on the site, or to final recording of a plat or short plat, unlessupon written request of the applicant, the development engineer authorizesrecording before construction of facilities in order to minimize impacts thatmay result from construction of facilities during inappropriate times of theyear. (Ord. 18791 § 54, 2018: Ord. 17420 § 21, 2012: Ord. 15052 §5, 2004: Ord. 13694 § 83, 1999: Ord.13191 § 7, 1998: Ord. 9163 § 8, 1989: Ord. 7990 § 5, 1987: Ord. 7817 § 2,1986: Ord. 4938 § 7, 1980).
9.04.095 Vesting period forlots in final short plats. Unless the department finds that a change inconditions creates a serious threat to the public health or safety in the shortsubdivision, for a period of five years after recording, a lot within a shortsubdivision shall be governed by the provisions of this chapter in effect at thetime a fully completed application for short subdivision approval was filed inaccordance with K.C.C. chapter 20.20. (Ord. 15052 § 9, 2004).
9.04.100 Liabilityinsurance required. The applicant required to construct thedrainage facility pursuant to K.C.C. chapter 9.04 shall maintain a combinedsingle limit per occurrence liability policy in the amount established annuallyby the King County risk management program, which shall name King County as anadditional insured and protect King County from liability relating to theconstruction or maintenance of the facility until construction approval oracceptance for maintenance, whichever is last. Proof of this requiredliability policy shall be provided to the department of local servicespermitting division manager or designee before commencing construction of anydrainage facility. If this liability insurance is not kept in effect asrequired, King County may initiate enforcement action pursuant to K.C.C. Title23. (Ord. 18791 § 55, 2018: Ord. 17420 § 22, 2012: Ord. 13191 § 8, 1998:Ord. 12020 § 39, 1995: Ord. 11700 § 3, 1995: Ord. 9163 § 9, 1989: Ord. 7990§ 6, 1987: Ord. 7817 § 2, 1986: Ord. 4938 § 8, 1980: Ord. 2812 § 6, 1976:Ord. 2281 § 7, 1975).
9.04.105 Financialguarantees authorized. The department of local services,permitting division, or its successor, is authorized to require all applicantsissued permits or approvals under the provisions of this title to postfinancial guarantees consistent with the provisions of K.C.C. Title 27A. (Ord.18791 § 56, 2018: Ord. 17420 § 23, 2012: Ord. 12020 § 33, 1995).
9.04.115 Drainage facilitiesaccepted by King County for maintenance.
A. King County is responsible forthe maintenance, including performance and operation, of drainage facilitieswhich have formally been accepted for maintenance by the director.
B. King County may assumemaintenance of privately maintained drainage facilities only if the followingconditions have been met:
1. All necessary easements ordedications entitling the county to properly maintain the drainage facilityhave been conveyed to the county;
2. The director hasdetermined that the facility is in the dedicated public road right-of-way orthat maintenance of the facility will contribute to protecting or improving thehealth, safety and welfare of the community based upon review of the existenceof or potential for:
a. flooding,
b. downstream erosion,
c. property damage due toimproper function of the facility,
d. safety hazard associatedwith the facility,
e. degradation of waterquality or in-stream resources, or
f. degradation to thegeneral welfare of the community; and
3. The director has declaredin writing acceptance of maintenance responsibility by the county. Copies ofthis document will be kept on file in the department of natural resources andparks, water and land resources division.
C. The director may terminatethe department's assumption of maintenance responsibilities in writing afterdetermining that continued maintenance will not significantly contribute toprotecting or improving the health, safety and welfare of the community basedupon review of the existence of or potential for:
1. Flooding,
2. Downstream erosion,
3. Property damage due toimproper function of the facility,
4. Safety hazard associatedwith the facility,
5. Degradation of waterquality or in-stream resources, or
6. Degradation to the generalwelfare of the community.
Copies of this document will be kept onfile in the department of natural resources and parks, water and land resourcesdivision.
D. A drainage facility whichdoes not meet the criteria of this section shall remain the responsibility ofthe applicant required to construct the facility and persons holding title tothe property for which the facility was required. (Ord. 14199 § 130, 2001: Ord. 13191 § 10, 1998).
9.04.120 Drainage facilitiesnot accepted by King County for maintenance.
A. The person or personsholding title to the property and the applicant required to construct adrainage facility shall remain responsible for the facility's continualperformance, operation and maintenance in accordance with the standards andrequirements of the department and remain responsible for any liability as aresult of these duties. This responsibility includes maintenance of a drainagefacility that is:
1. Under a maintenanceguarantee or defect guarantee;
2. A private road conveyance system;
3. Released from all requiredfinancial guarantees prior to July 7, 1980;
4. Located within and servingonly one single family residential lot;
5. Located within and servinga multifamily or commercial site unless the facility is part of an approvedshared facility plan;
6. Located within orassociated with an administrative or formal subdivision which handles runofffrom an area of which less than two-thirds is designated for detached ortownhouse dwelling units located on individual lots unless the facility is partof an approved shared facility plan;
7. Previously terminated forassumption of maintenance responsibilities by the department in accordance withK.C.C. 9.04.110; or
8. Not otherwise accepted bythe county for maintenance.
B. Prior to the issuance of anyof the permits for any multifamily or commercial project required to have aflow control or water quality treatment facility, the applicant shall record adeclaration of covenant as specified in the Surface Water Design Manual. Therestrictions 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 KingCounty determination that maintenance and/or repairs are necessary to thefacility and a reasonable time limit in which such work is to be completed.
1. In the event that thetitleholders do not effect such maintenance and/or repairs, King County mayperform such work upon due notice. The titleholders are required to reimburseKing County for any such work. The restrictions set forth in such covenantshall be included in any instrument of conveyance of the subject property andshall be recorded with the records and licensing services division.
2. The county may enforce therestrictions set forth in the declaration of covenant provided in the SurfaceWater Design Manual.
C. Prior to the issuance of anyof the permits and/or approvals for the project or the release of financialguarantees posted to guarantee satisfactory completion, the person or personsholding title to the subject property for which a drainage facility wasrequired shall pay a fee established by the department of local servicespermitting division manager or designee to reasonably compensate the county forcosts relating to inspection of the facility to ensure that it has beenconstructed according to plan and applicable specifications and standards.
D. The duties specified in thissection with regard to payment of inspection fees and reimbursement ofmaintenance costs shall be enforced against the person or persons holding titleto the property for which the drainage facility was required.
E. Where not specificallydefined in this section, the responsibility for performance, operation and maintenanceof drainage facilities and conveyance systems, both natural and constructed,shall be determined on a case-by-case basis. (Ord. 18791 § 57, 2018: Ord.17420 § 24, 2012: Ord. 15971 § 56, 2007:Ord. 13191 § 11, 1998: Ord. 12020 § 40, 1995: Ord. 9006 § 1, 1989: Ord. 7990§ 7, 1987: Ord. 7817 § 2, 1986: Ord. 5824 § 9, 1982: Ord. 4938 § 10, 1980).
9.04.130 Hazards. Whenever thedirector determines that any existing construction site, erosion andsedimentation problem and/or drainage facility poses a hazard to life and limb,endangers any property, and/or adversely affects the condition or capacity ofother drainage facilities, the safety and operation of county right-of-way,utilities, and/or other property owned or maintained by the county, theapplicant/person to whom the permit was issued pursuant to K.C.C. 9.04.030, theowner of the property within which the drainage facility is located, theapplicant/person responsible for maintenance of the facility, and/or otherperson or agent in control of said property, upon receipt of notice in writingfrom the director shall within the period specified therein repair or otherwiseaddress the cause of the hazardous situation in conformance with therequirements of this chapter.
Should the director have reasonable cause tobelieve that the situation is so adverse as to preclude written notice, thedirector may take the measures necessary to eliminate the hazardous situation;provided that the director shall first make a reasonable effort to locate theowner before acting. In such instances the applicant of whom a drainage planwas required pursuant to K.C.C. 9.04.030, the owner of the property and/or theperson responsible for the maintenance of the facility shall be obligated forthe payment of all costs incurred. If costs are incurred and a financialguarantee pursuant to this chapter or other county requirement has been posted,the director shall have the authority to collect against the financialguarantee to cover costs incurred. (Ord. 13191 § 13, 1998: Ord. 12020 § 41,1995: Ord. 11700 § 5, 1995: Ord. 9163 § 11, 1989: Ord. 7817 § 2, 1986: Ord.5824 § 11, 1982: Ord. 4938 § 11, 1980).
9.04.135 Natural hazards – authority ofdirector – notice. Wheneverthe director has reasonable cause to believe that a natural hazard exists, thedirector may enter the premises on which the natural hazard is located and takeany steps the director deems reasonably necessary to abate or mitigate the athreat of immediate and substantial harm. If the premises or portion thereofis occupied, the director shall first make a reasonable effort to locate theowner or other person having charge or control of the premises or portionthereof and seek entry. Proper ingress and egress shall be provided to thedirector to carry out the steps the director deems reasonably necessary toabate or mitigate the threat of immediate and substantial harm. The directorshould provide email notification to the council in a timely manner afterentering a premises without permission. The email notification shall be sentto the clerk of the council, who shall retain the original email and provide anelectronic copy to all councilmembers, the council chief of staff, the policystaff director and the lead staff for the transportation, economy andenvironment committee, or its successor. (Ord. 18257 § 6, 2016).
9.04.140 Administration – rules – notice –authority of director – obligations of responsible party.
A.1. The director is authorized to promulgateand adopt administrative rules under the procedures specified in K.C.C. chapter2.98, for the purpose of implementing and enforcing this chapter. Adoptedadministrative rules are available to the public from the department of localservices, permitting division, or the department of natural resources andparks, water and land resources division. This includes, but is not limited to,the Surface Water Design Manual. Administrative rules adopted in accordancewith to this section shall be posted to the websites of the department of localservices, permitting division, and the department of natural resources andparks, water and land resources division, as well as any other websitemaintained by the executive to provide the public access to adopted publicrules. The director should provide email notification to the council when anadministrative rule adopted in accordance with this section has been posted tothe websites. The email notification shall be sent to the clerk of thecouncil, who shall retain the original email and provide an electronic copy toall councilmembers, the council chief of staff, the policy staff director and thelead staff for the transportation, economy and environment committee, or itssuccessor.
2. The director of the department of localservices or designee is authorized to develop procedures for applying thoseadministrative rules adopted under subsection A.1. of this section andregulations during the review of permit applications for the development ofland. These procedures may also be contained in the Surface Water DesignManual.
B. The director is authorized to make suchinspections and take all actions that may be required to enforce this chapter.
C. Whenever necessary to make an inspection toenforce this chapter, monitor for proper function of drainage facilities orwhenever the director has reasonable cause to believe that violations of thischapter are present or operating on a subject property or portion thereof, thedirector may enter the premises at all reasonable times to inspect the same orperform any duty imposed upon the director by this chapter; provided that, ifthe premises or portion thereof is occupied, the director shall first make areasonable effort to locate the owner or other person having charge or controlof the premises or portion thereof and seek entry.
D. Proper ingress and egress shall be providedto the director to inspect, monitor or perform any duty imposed upon thedirector by this chapter. The director shall notify the responsible party inwriting of failure to comply with this access requirement. Failing to obtain aresponse within seven days from the receipt of notification the director mayorder the work required completed or otherwise address the cause of improperaccess. The obligation for the payment of all costs that may be incurred orexpended by the county in causing the work to be done shall thereby be imposedon the person holding title to the subject property. (Ord. 18791 § 58, 2018:Ord. 18257 § 7, 2016: Ord. 17420 § 25, 2012: Ord. 14199 § 131, 2001: Ord.13191 § 14, 1998: Ord. 9163 § 12, 1989: Ord. 7990 § 8, 1987: Ord. 7817 § 2,1986: Ord. 5824 § 10, 1982: Ord. 4938 § 12, 1980).
9.04.180 Enforcement. The director is authorized to enforce the provisions ofthis chapter, the ordinances and resolutions codified in it, and any rules andregulations promulgated thereunder pursuant to the enforcement and penaltyprovisions of K.C.C. Title 23. (Ord. 13191 § 17, 1998: Ord. 7990 § 9, 1987:Ord. 7817 § 2, 1986: Ord. 2909 § 3(part), 1976: Ord. 2281 (part), 1975).
9.04.192 Liberal construction. Thischapter is exempted from the rule of strict construction and shall be liberallyconstrued to give full effect to the objectives and purposes for which it wasenacted. (Ord. 9163 § 17, 1989).
9.04.194 Implementation, review and revision. The department shall administer a training program forusers of the Surface Water Design Manual. The department shall also conduct anon‑going research program to evaluate the effectiveness of therequirements in meeting the purpose of this chapter. This research programwill examine, but not be limited to, hydrologic and hydraulic analysis methods,stream geomorphologic analysis methods, water quality, best managementpractices and erosion and sediment control measures. (Ord. 13191 § 20, 1998:Ord. 9163 §§ 18‑19, 1989).
9.04.196 Agency rules. Any documentsand/or manuals formally adopted by rule under the procedures specified inK.C.C. chapter 2.98 which implement the policies promulgated in this chapterare governed by the King County Code. Any inconsistencies identified will becontrolled by the King County Code. (Ord. 13191 § 21, 1998).
9.04.197 Effective date. The effectivedate of Ordinance 13191 is August 31, 1998. (Ord. 13191 § 19, 1998).
9.04.200 Severability. If any provision of this chapter or its application toany person or property is held invalid, the remainder of the chapter or theapplication of the provision to other persons or property shall not beaffected. (Ord. 9163 § 20, 1989: Ord. 7817 § 2, 1986: Ord. 2812 § 11, 1976:Ord. 2281 § 12, 1975).
Sections:
9.08.010 Definitions.
9.08.020 Authority.
9.08.030 Surface water management citizenscommittee.
9.08.040 Purpose.
9.08.050 Applicability.
9.08.060 Findings – policy.
9.08.070 Rate structure.
9.08.080 Rate adjustments and appeals.
9.08.085 Petition for additional services.
9.08.090 Billing procedure.
9.08.100 Delinquencies and foreclosures.
9.08.120 Administrative standards andprocedures.
9.08.010 Definitions. The followingdefinitions shall apply in the interpretation and enforcement of this chapter:
A. "Basin plan" means a plan andall implementing regulations and procedures including but not limited tocapital projects, public education activities, land use management regulationsadopted by ordinance for managing surface and storm water management facilitiesand features within individual subbasins.
B. "Department" means the departmentof natural resources and parks or its successor.
C. "Developed parcel" means anyparcel altered from the natural state by the construction, creation or additionof impervious surfaces.
D. "Director" means the director ofthe department of natural resources and parks or its successor or designee.
E. "Division" means the departmentof natural resources and parks, water and land resources division or itssuccessor.
F. "Effective impervious area" meansthe portion of actual impervious area that is connected, or has the effect ofbeing connected as defined in the King County Surface Water Design Manual,directly to the storm water drainage system via surface flow or discreteconveyances such as pipes, gutters or ditches.
G. "Flow control facility" means adrainage facility designed to mitigate the impacts of increased surface andstorm water runoff generated by site development in accordance with thedrainage requirements in this chapter. A flow control facility is designedeither to hold water for a considerable length of time and then release it byany combination of evaporation, plant transpiration or infiltration into theground or to hold runoff for a short period of time and then release it to theconveyance system.
H. "Flow control best management practice"means a method or design for dispersing, infiltrating or otherwise reducing orpreventing development-related increases in surface and storm water runoff at,or near, the sources of those increases. "Flow control best managementpractice" includes the methods and designs specified in the Surface WaterDesign Manual.
I. "Lake management plan" means the plan, and supporting documents as appropriate,describing the lake management recommendations and requirements that has beenformally adopted by rule under the procedures specified in K.C.C. chapter2.98. Adopted lake management plans are available from the division and thedepartment of local services, permitting division. A synopsis of adopted lakemanagement plans shall be distributed to all Surface Water Design Manualsubscribers as part of the manual's routine update process.
J. "Drainage facility" means thesystem of collecting, conveying, and storing surface and storm water runoff.Drainage facilities shall include but not be limited to all surface and stormwater conveyance and containment facilities including streams, pipelines,channels, ditches, swamps, lakes, wetlands, closed depressions, infiltrationfacilities, flow control facilities, erosion/sedimentation control facilitiesand other drainage structures and appurtenances, both natural and constructed.
K. "Impervious surface" means eithera hard surface area that either prevents or retards the entry of water into thesoil mantle as it entered under natural conditions before development, or ahard surface area that causes water to run off the surface in greaterquantities or at an increased rate of flow from the flow present under naturalconditions before development, or both. Common impervious surfaces include,but are not limited to, roofs, walkways, patios, driveways, parking lots,storage areas, areas that are paved, graveled or made of packed or oiledearthen materials or other surfaces which similarly impede the naturalinfiltration of surface and storm water. Open, uncovered flow controlfacilities shall not be considered as impervious surfaces.
L. "Land use code" meansrestrictions on the type of development for a specific parcel of land asidentified by records maintained by the King County department of assessmentsas modified or supplemented by information resulting from investigation by thedivision. Land use codes are preliminary indicators of the extent ofimpervious surface and are used in the initial analysis to assign anappropriate rate category for a specific parcel.
M. "Maintenance" means the act orprocess of cleaning, repairing or preserving a system, unit, facility,structure or piece of equipment.
N. "Natural surface water drainagesystem" means such landscape features as rivers, streams, lakes and wetlands.This system circulates water in a complex hydrological cycle.
O. "National Pollutant DischargeElimination System permit" means a permit issued by the Washington stateDepartment of Ecology for discharges to waters of the United States under the CleanWater Act.
P. "Open space" means any parcel,property or portion thereof classified for current use taxation under K.C.C.chapter 20.36 and chapter 84.34 RCW, or for which the development rights havebeen sold to King County under K.C.C. chapter 26.04. This definition includeslands that have been classified as open space or agricultural under criteriacontained in K.C.C. chapter 20.36 and chapter 84.34 RCW.
Q. "Parcel" means the smallestseparately segregated unit or plot of land having an identified owner,boundaries and surface area that is documented for property tax purposes andgiven a tax lot number by the King County assessor.
R. "Person" means any individual,firm, company, association, corporation or governmental agency.
S. "Program" means the surface watermanagement program as created and established in this chapter.
T. "Rate category" means theclassification in this chapter given to a parcel in the service area based uponthe type of land use on the parcel and the percentage of impervious surfacearea contained on the parcel.
U. "Residence" means a building orstructure or portion thereof, designed for and used to provide a place of abodefor human beings. "Residence” includes “residential" or"residential unit" as referring to the type of or intended use of abuilding or structure.
V. "Residential parcel" means anyparcel that contains no more than three residences or three residential unitswithin a single structure and is used primarily for residential purposes.
W. "Service area" meansunincorporated King County.
X. "Storm water plan" means a KingCounty ordinance specifying the storm water control facilities that will befunded by a bond issue.
Y. "Subbasin" means a drainage areathat drains to a water course or water body named and noted on common maps andthat is contained within a basin as defined in K.C.C. 9.04.020.
Z. "Surface and storm water managementservices" means the services provided by the surface water managementprogram, including but not limited to basin planning, facilities maintenance,regulation, financial administration, public involvement, drainageinvestigation and enforcement, aquatic resource restoration, surface and stormwater quality and environmental monitoring, natural surface water drainagesystem planning, intergovernmental relations and facility design andconstruction.
AA. "Surface water management feeprotocols" means the surface water management fee standards and proceduresthat have been formally adopted by rule under the procedures specified inK.C.C. chapter 2.98. The surface water management fee protocols are availablefrom the department of natural resources and parks, water and land resourcesdivision, or its successor.
BB. "Surface and storm water" meanswater originating from rainfall and other precipitation that is found indrainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlandsas well as shallow ground water.
CC. "Surface and storm water managementsystem" means constructed drainage facilities and any natural surfacewater drainage features that do any combination of collection, storing,controlling, treating or conveying surface and storm water.
DD. "Surface Water Design Manual"means the manual, and supporting documentation referenced or incorporated inthe manual, describing surface and storm water design and analysisrequirements, procedures and guidance that has been formally and most recentlyadopted by rule under the procedures in K.C.C. chapter 2.98. The Surface WaterDesign Manual is available from the department of local services, permittingdivision, or the department of natural resources and parks, water and landresources division, or its successor.
EE. "Undeveloped parcel" means anyparcel that has not been altered from its natural state by the construction,creation or addition of impervious surface.
FF. "Water quality treatmentfacility" means a drainage facility designed to reduce pollutants oncethey are already contained in surface and storm water runoff. "Waterquality treatment facility" means the structural component of bestmanagement practices. When used singly or in combination, a water qualitytreatment facility reduces the potential for contamination of either surface orground waters, or both. (Ord. 19484 § 3, 2022: Ord. 18791 § 59, 2018: Ord.17451 § 1, 2012: Ord. 17420 § 26, 2012: Ord. 14261 § 1, 2001: Ord. 14199 §132, 2001: Ord. 13695 § 1, 1999: Ord. 11522 § 1, 1994: Ord. 11015 § 1,1993: Ord. 10187 § 1, 1991: Ord. 7817 § 2, 1986: Ord. 7590 § 1, 1986).
9.08.020 Authority.
A. There is hereby created and established thesurface water management program of King County under which the provisions ofthis chapter shall be carried out.
B. The program created in this section shallbe administered by the division.
C. Whenever necessary to examine the propertycharacteristics of a particular parcel for the purposes of implementing thischapter, the director may enter any property or portion thereof at reasonabletimes in compliance with the following procedures:
1. If the property or portion thereof isoccupied, the director shall present identification credentials, state thereason for entry and request entry;
2. If the property or portion thereof isunoccupied, the director shall first make a reasonable effort to locate theowner or other persons having charge or control of the property or portionthereof and request entry; and
3. Unless entry is consented to by the owneror person in control of any property or portion thereof, the director, beforeentry, shall obtain a search warrant as authorized by the laws of the state ofWashington.
D. The director is authorized to enforce thischapter, the ordinances and resolutions codified in it and any rules andregulations promulgated thereunder pursuant to the enforcement and penaltyprovisions of K.C.C. Title 23.
E. The program may provide services related tosurface and storm water management, including but not limited to basinplanning, facilities maintenance, regulation, financial administration, publicinvolvement, drainage investigation and enforcement, aquatic resourcerestoration, surface and storm water quality and environmental monitoring,natural surface water drainage system planning, intergovernmental relations, andfacility design and construction. The program may contract for services withinterested municipalities or special districts including but not limited tosewer and water districts, school districts, port districts or othergovernmental agencies.
F.1. Whenever a city or town annexes an area,or a city or town incorporates an area and the county has issued revenue bondsor general obligation bonds to finance storm water control facilities that arepayable in whole or in part from rates or charges imposed in the area, thecounty shall continue imposing all portions of the rates or charges that areallocated to payment of the debt service on bonds in that area after theeffective date of the annexation or official date of the incorporation until:
a. the debt is retired;
b. any debt that is issued to refinancethe underlying debt is retired; or
c. the city or town reimburses the countyan amount that is sufficient to retire that portion of the debt borne by theannexed or incorporated area.
2. If the county provides storm watermanagement services to the city or town by contract, the contract shallconsider the value of payments made by property owners to the county for thepayment of debt service. This section applies whether or not the bonds financefacilities that are geographically located within the area that is annexed orincorporated.
The county shall construct all facilitiesincluded in the storm water plan financed by the proceeds of the bonds. Thestorm water plan may be modified and facilities authorized in the storm waterplan may be added, deleted or modified either before or after annexation orincorporation of part of the service area when the county council determines,after notification of cities within the affected basins, that the changes arenecessary or advisable in order to implement the storm water plan withinavailable funding levels. If bond proceeds are insufficient to complete allfacilities authorized in the storm water plan, the county council shall, afternotification of cities within the affected basins, prioritize the use of bondproceeds to construct those facilities most necessary and in the best interestof the area served by the storm water plan. If the storm water plan is amendedfor the reasons in this section, any related agreements with otherjurisdictions shall be revised as necessary. (Ord. 13695 § 2, 1999: Ord.11015 § 2, 1993: Ord. 10187 § 2, 1991: Ord. 7817 § 2, 1986: Ord. 7590 § 2,1986).
9.08.030 Surface water management citizenscommittee.
A. The surface water management citizenscommittee is hereby established. The committee shall act in an advisorycapacity to the director on matters concerning surface and storm watermanagement and may submit independent recommendations to the county executiveand county council. The committee shall review, advise and makerecommendations regarding matters such as general program focus, programservice levels and financing, and policies on surface and storm water issues.
B. The committee shall be comprised of twenty‑fivemembers appointed by the executive and confirmed by the council who reside, ownproperty or have a community interest in the service area. At least fourmembers shall live in cities which have mutual drainage interests with the county.The committee members shall include a cross section of the public affected bythe program including private citizens, commercial, community and environmentalorganizations.
C. The appointments shall be effective untilDecember 31 of the third year following each member's appointment date.Members whose terms have expired shall serve until replacements are appointed.Members may be reappointed for one additional term.
D. The committee shall select its officers,including chair, vice‑chair and any others it deems necessary.
E. The committee shall adopt appropriate by‑laws.(Ord. 10187 § 3, 1991: Ord. 9453, 1990: Ord. 7817 § 2, 1986: Ord. 7590 § 4,1986).
9.08.040 Purpose. It is the finding ofthe county that the Surface Water Management Program is necessary in order topromote public health, safety and welfare by establishing and operating acomprehensive approach to surface and storm water problems which would reduce flooding,erosion and sedimentation, prevent and mitigate habitat loss, enhancegroundwater recharge and prevent water quality degradation. This comprehensiveapproach includes the following elements: basin planning, land use regulation,construction of facilities, maintenance, public education, and provision ofsurface and storm water management services. It is the finding of the countythat the most cost effective and beneficial approach to surface and storm watermanagement is through preventative actions and protection of the naturaldrainage system. In approaching surface and storm water problems the SurfaceWater Management Program shall give priority to methods which provideprotection or enhancement of the natural surface water drainage system over meanswhich primarily involve construction of new drainage facilities or systems.The purpose of the rates and charges established herein is to provide a methodfor payment of all or any part of the cost and expense of surface and stormwater management services or to pay or secure the payment of all or any portionof any issue of general obligation or revenue bonds issued for such services.These rates and charges are necessary in order to promote the public health,safety and welfare by minimizing uncontrolled surface and storm water, erosion,and water pollution; to preserve and utilize the many values of the county'snatural drainage system including water quality, open space, fish and wildlifehabitat, recreation, education, urban separation and drainage facilities; andto provide for the comprehensive management and administration of surface andstorm water. (Ord. 11615 § 6, 1994: Ord. 10187 § 4, 1991: Ord. 7817 § 2,1986: Ord. 7590 § 5, 1986).
9.08.050 Applicability.
A. Developed parcels within the service areashall be billed each year for surface and storm water management servicespursuant to RCW 36.89.080. Surface and storm water management services orservice charges, or both shall be imposed on developed parcels lying withincities and towns when the services or charges, or both, have been provided forby interlocal agreements between the county and the cities or towns. Thatportion of the rates or charges allocated to payment of debt service on revenueor general obligation bonds issued to finance storm water control facilities inareas annexed or incorporated subsequent to the issuance of the bonds shall beimposed as set forth in K.C.C. 9.08.020. In addition, the county and cities ortowns may enter into interlocal agreements allowing the city or town to providesurface and storm water management services or charges, or both, for specifieddeveloped parcels lying within unincorporated King County.
B. The service area may be modified inaccordance with policy contained in K.C.C. 9.08.060. Modifications to theservice area shall be by ordinance. (Ord. 13695 § 3, 1999: Ord. 11015 § 3,1993: Ord. 10187 § 5, 1991: Ord. 8626 § 2, 1988: Ord. 7817 § 2, 1986: Ord.7590 § 6, 1986).
9.08.060 Findings – policy.
A. It is the finding of the county that themajority of the basins in the service area are shared with incorporated citiesand towns. In order to achieve a comprehensive approach to surface and stormwater management the county and incorporated jurisdictions within a specificbasin shall coordinate surface and storm water, management services. Inaddition, the program may contract for services with interested municipalitiesor special districts including but not limited to sewer and water districts, schooldistricts, port districts or other governmental agencies.
B. It is the finding of the county that manyof the difficulties found in the management of surface and storm water problemsare contributed to by the general lack of public knowledge about therelationship between human actions and surface and storm water management. Inorder to achieve a comprehensive approach to surface and storm water managementthe county should provide general information to the public about land use andhuman activities that impact surface and storm water management. Pursuant toRCW 36.89.085, it is the finding of the county that public school districts canprovide significant benefits to the county regarding surface and storm watermanagement through educational programs and community activities related toprotection and enhancement of the surface and storm water management system.These programs and activities can provide students with an understanding ofhuman activities and land use practices that create surface and storm waterproblems and involve students by learning from first hand exposure, thedifficulties of resolving surface and storm water management problems afterthey occur.
C. It is the finding of the county thattechnical assistance and community education have been shown to be acost-effective means of improving the management of the impacts of surface andstorm water runoff. Technical assistance and community education regardingstewardship enables King County, its residents and businesses to comply withfederal, state and local mandates and enables the county to protect its qualityof life and its natural resources. The promotion of stewardship is an integralpart of a comprehensive surface and storm water management program.
D. It is the finding of the county thatdeveloped parcels contribute to an increase in surface and storm water runoffto the surface and storm water management system. This increase in surface andstorm water runoff results in the need to establish rates and charges to financethe county's activities in surface and storm water management. Developedparcels shall be subject to the rates and charges of the surface watermanagement program based on their contribution to increased runoff. Thefactors to be used to determine the degree of increased surface and storm waterrunoff to the surface and storm water management system from a particularparcel shall be the percentage of impervious surface coverage on the parcel,the total acreage of the parcel and any mitigating factors as determined byKing County.
E. It is the finding of the county thatundeveloped parcels do not contribute as much as developed parcels to anincrease in surface and storm water runoff into the surface and storm watermanagement system. Undeveloped properties shall be exempt from the rates andcharges of the surface water management program.
F. It is thefinding of the county that maintained drainage facilities mitigate theincreased runoff contribution of developed parcels by providing on‑sitedrainage control. Parcels served by flow control facilities that were requiredfor development of the parcel pursuant to K.C.C. chapter 9.04 and approved byKing County or can be demonstrated as required in K.C.C. 9.08.080 by theproperty owner to provide flow control of surface and storm water to thestandards in K.C.C. chapter 9.04 shall receive a discount as provided in therates and charges of the surface water management program, if the facility ismaintained at the parcel owner's expense to the standard established by thedepartment.
G. It is thefinding of the county that improvements to the quality of storm water runoffcan decrease the impact of that runoff on the environment. Parcels served bywater quality treatment facilities that were required for development of theparcel pursuant to K.C.C. chapter 9.04 and approved by King County or that canbe demonstrated as required in K.C.C. 9.08.080 by the property owner to providetreatment of surface and storm water to the standards in K.C.C. chapter 9.04 shallreceive a discount as provided in the rates and charges of the surface watermanagement program, if the facility is maintained at the parcel owner's expenseto the standard established by the department.
H. It is thefinding of the county that parcels with at least sixty-five percent of theirland in forest, no more than twenty percent in impervious surface, anddispersed runoff from the impervious surface through the forested landresulting in an effective impervious area of ten percent or less for the entireparcel, do not contribute as much to an increase in surface and storm waterrunoff as properties with less forest that do notdisperse. These properties shall be eligible to receive a discount as providedin the rates and charges of the surface water management program if the runofffrom the impervious surface is dispersed in accordance with the standardsestablished by the department.
I. It is the finding of the county thatparcels that make use of their pervious surface area to absorb storm waterrunoff from the impervious surfaces do not contribute as much to an increase insurface and storm water runoff as properties that do not use their perviousarea to absorb runoff. These properties shall be eligible to receive adiscount as provided in the rates and charges of the surface water managementprogram if the runoff from the impervious surface is dispersed in accordancewith the standards established by the department.
J. It is a finding of the county that openspace properties provide a benefit to the surface and storm water managementsystem by the retention of property in an undeveloped state. Open spaceproperties shall receive a discount from the rates and charges to encourage theretention of property as open space.
K. It is a finding of the county that currentscientific studies demonstrate that conservation and maintenance of forestlandand open space contribute to the proper management of surface water quality andquantity. The scientific analysis performed in connection with the Cedarriver, Issaquah creek and Bear creek basin plans have demonstrated that forestsintercept and evaporate more rainfall, provide more soil storage, retain andtrap more sediments and purify contaminated water better than any other landuse. Conservation and maintenance of public forests, the provision oftechnical assistance and encouragement to private landowners to retain forestsare effective ways to prevent disruption of natural hydrology. Open Spacelands, to the extent that they retain their natural condition and do notcontain impervious surface, also perform an important surface water function bynot detracting from the functioning of natural hydrology systems. Conservationand maintenance of publicly owned open space and forestland is often morecost-effective than building and maintain artificial or engineered surface andstorm water management facilities. Additional financial resources are requiredto conserve and maintain those natural resource lands that serve importantsurface and storm water management functions.
L. It is a finding of the county that themajority of the parcels in the service area are residential. The variancebetween residential parcels in impervious surface coverage is found to be minorand to reflect only minor differences in increased runoff contributions. Theadministrative cost of calculating the service charge individually for eachresidential parcel and maintaining accurate information would be very high. Aflat charge for residential parcels is less costly to administer thancalculating a separate charge for each parcel and is equitable because of thesimilarities in impervious surface coverage between residential parcels.Therefore, residential parcels shall be charged a flat charge based upon an averageamount of impervious surface.
M. It is a finding of the county that verylightly developed nonresidential parcels that have an impervious surfacecoverage of ten percent or less of the total parcel acreage are characterizedby a very low intensity of development and generally a large number of acres.A greater number of acres of undeveloped land associated with an impervioussurface results in significantly less impact to the surface and storm watermanagement system. Many of the very lightly developed properties arerecreational, agricultural and timber lands identified in the King CountyComprehensive Plan and should be encouraged to retain their low intensity ofdevelopment. These parcels shall be charged a flat rate to encourage theretention of large areas of very lightly developed land.
N. It is the finding of the county thatlightly to very heavily developed nonresidential parcels that have animpervious surface coverage of more than ten percent have a substantial impacton the surface and storm water management system. The impact of these parcelson the surface and storm water management system increases with the size of theparcels. Therefore, lightly to very heavily developed properties shall becharged a rate determined by the percent of impervious surface coveragemultiplied by the parcel acreage.
O. It is a finding of the county that countyand state roads contribute a significant amount of increased runoff to thesurface and storm water management system, which contributes to the need forbasin planning, drainage facilities and other related services. However, boththe county roads and state highway programs provide substantial annual programsfor the construction and maintenance of drainage facilities, and the roadssystems and their associated drainage facilities serve as an integral part ofthe surface and storm water management system. The rate charged county roadsand state highways shall reflect the benefit that county roads and statehighway facilities provide to the surface and storm water management system.County and state road drainage systems unlike the drainage systems on otherproperties are continually being upgraded to increase both conveyance capacityand control. It is envisioned that the roads program will work cooperativelywith the surface water management program to improve regional surface and stormwater management services as new information is available from basin plans andother sources. The percentage of impervious surface coverage for county roadsand state highways shall be calculated by dividing average width of roadway andshoulder by the average width of the right of way. The service charge shall becalculated in accordance with RCW 90.03.525.
P. It is the finding of the county thatcomprehensive management of surface and storm water runoff must includeanticipation of future growth and development in the design and improvement ofthe surface and storm water management system. Service charge revenue needsshall be based upon the present and future requirements of the surface andstorm water management system, and these needs shall be considered whendetermining the rates and charges of the program.
Q. It is the finding of the county that basinplans are essential to establishing a comprehensive approach to a capitalimprovement program, maintenance of facilities and regulation of newdevelopments. A plan should analyze the measures needed to control surface andstorm water runoff that results from existing and anticipated developmentwithin the basin. The measures investigated to control runoff should includeland use regulation such as setback requirements or community plan revisionsthat revise land use densities as well as the use of drainage facilities. Aplan also should recommend the quantity and water quality runoff controlmeasures required to further the purposes set forth in K.C.C. 9.08.040, andcommunity goals. The institutional requirements and regulations, including butnot limited to land use management, funding needs, and incentives forpreserving the natural surface water drainage system should be identified inthe plan. The proposed ordinances and regulations necessary to implement theplan shall be transmitted to the council simultaneously with the plan.
R. It is a finding of the county that thefederal government has increased requirements concerning surface water quantityand control. The federal Clean Water Act, implemented through municipal stormwater NPDES permits, mandates a wide variety of local programs to manage surfacewater and improve water quality. Compliance will increasingly be measured bythe effectiveness of King County’s surface water and water quality programs.The NPDES permit impacts operations in the solid waste, parks and airport divisions,the department of local services and the Metro transit department, and mostactivities in the water and land resources division.
S. It is a finding of the county that Chinooksalmon were listed as a threatened species in March 1999, and bull trout were listedas a threatened species in November 1999, under the federal Endangered SpeciesAct. These listings focus the need for higher standards in managing surfacewater including new, expanded and more intensive programs to control thequantity of runoff as well as its quality. Programs responding to theseimperatives have included the design, permitting and construction offacilities, facility retrofitting and maintenance, habitat acquisition andrestoration, monitoring, regulation development and coordination with otheragencies on transboundary issues.
T. It is the finding of the county that areaswith development related surface and storm water problems require comprehensivemanagement of surface and storm water.
U. It is the finding of the county thatadditional surface and storm water runoff problems may be caused by new landuse development if not properly mitigated both through protection of naturalsystems and through constructed improvements. The Surface Water Design Manualand K.C.C Titles 9, 16, 20 and 21A have been adopted by King County to mitigatethe impact of land use development. Further mitigation of these impacts isbased on expertise that continues to evolve as new information on our naturalsystems is obtained and new techniques are discovered. The surface watermanagement program, through reconnaissance studies, basin plans, and otherspecial studies, will continuously provide valuable information on theexisting problems and areas of the natural drainage system that need specialprotection. The county is researching and developing methods to protect thenatural drainage system through zoning, buffering and setbacks to alleviateexisting problems. Setback and buffering measures allow natural preservationof wetlands and stream corridors to occur, alleviate erosion and waterpollution and provide a safe environment for the small mammals and fish thatinhabit sensitive areas. Based upon the findings in this subsection, and asinformation and methods become available, the executive, as appropriate shalldraft and submit to the council, regulations and development standards to allowprotection of the surface and storm water management system including naturaldrainage systems.
V. It is the finding of the county that theunique stormwater needs of the unincorporated rural area of the county requirethat the county's surface water management program established under chapter36.89 RCW develop a rural drainage program. The intent of this rural drainageprogram is to provide a means through which existing and emerging surface waterproblems in the rural areas can be addressed in a manner that preserves bothrural resources and rural activities including agriculture and forestry. Ruraldrainage services provided by the division shall support a rural level ofdevelopment and not facilitate urbanization. This rural drainage program shallresult in a program consistent with Countywide Planning Policies and KingCounty Comprehensive Plan policies.
W. The program will maintain long term fiscalviability and fund solvency for all of its related funds. All required capitaland operating expenditures will be covered by service charges and otherrevenues generated or garnered by the program. The program will pay allcurrent operating expenses from current revenues and will maintain an operatingreserve to minimize service impacts due to revenue or expenditure variancesfrom plan during a fiscal year. This reserve will be calculated based on thehistoric variability of revenue and expenditures. The program will adopt astrategic financial planning approach that recognizes the dynamic nature of theprogram's fiscal operating environment. One-time revenues will be dedicated toone-time-only expenditures and will not be used to support ongoingrequirements. The program's approach to financial reporting and disclosurewill be comprehensive, open and accessible.
X. The program shall prepare an annual,multiyear capital improvement program that encompasses all of the program'sactivities related to the acquisition, construction, replacement, or renovationof capital facilities or equipment. All proposed new facilities will besubject to a consistent and rigorous needs analysis. The program's capitalfacilities will be planned and financed to ensure that the benefits of thefacilities and the costs for them are balanced over time.
Y. The program will manage its debt to ensurecontinued high credit quality, access to credit markets, and financialflexibility. All of the program's debt management activities will be conductedto maintain at least the current credit ratings assigned to the county's debtby the major credit rating agencies and to maintain an adequate debt servicecoverage ratio. Long term debt will not be used to support operatingexpenses. The program will develop and maintain a central system for alldebt-related records that will include all official statements, bid documents,ordinances indentures, leases, etc., for all of the program's debt and willaccurately account for all interested earnings in debt-related funds. Theserecords will be designed to ensure that the program is in compliance with alldebt covenants and with state and federal laws. (Ord. 19540 § 13,2022: Ord. 18791 § 60, 2018: Ord. 18777 § 30, 2018: Ord. 17539 § 3, 2013: Ord. 17420 § 27, 2012: Ord. 14261 § 2, 2001:Ord. 13695 § 4, 1999: Ord. 11015 § 4, 1993: Ord. 10187 § 6, 1991: Ord. 7817§ 2, 1986: Ord. 7590 § 7, 1986).
9.08.070 Rate structure.
A. The service charges shall be based on therelative contribution of increased surface and storm water runoff from a givenparcel to the surface and storm water management system. The percentage ofimpervious surfaces on the parcel, the total parcel acreage and any mitigatingfactors as provided in K.C.C. 9.08.080 shall be used to indicate the relativecontribution of increased surface and storm water runoff from the parcel to thesurface and storm water management system. The relative contribution ofincreased surface and storm water runoff from each parcel determines thatparcel's share of the service charge revenue needs. The service charge revenueneeds of the program are based upon all or any part, as determined by thecouncil, of the cost of meeting stormwater permit obligations of state andfederal law and the cost of surface and storm water management services and topay or secure the payment of all or any portion of any issue of generalobligation or revenue bonds issued for that purpose.
B. The division shall determine the servicecharge for each parcel within the service area by the following methodology:
Residential and very lightly developednonresidential parcels shall receive a flat rate service charge for the reasonsin K.C.C. 9.08.060. Light to very heavily developed parcels shall beclassified into the appropriate rate category by their percentage of impervioussurface coverage. Land use codes or data collected from parcel investigations,or both shall be used to determine each parcel's percentage of impervioussurface coverage. After a parcel has been assigned to the appropriate ratecategory, the service charge for the parcel shall be calculated by multiplyingthe total acreage of the parcel times the rate for that category.
C. There is hereby imposed upon all developedproperties in the service area annual service charges as follows:
SURFACE WATER MANAGEMENT SERVICE CHARGES
| Class | Impervious Surface % | Rate | ||
| Residential | NA | $323.00/parcel/year | ||
| Very Light | 0 to less than or equal to 10% | $323.00/parcel/year | ||
| Light | greater than 10% to less than or equal to 20% | $898.04/acre/year | ||
| Moderate | greater than 20% to less than or equal to 45% | $1,680.99/acre/year | ||
| Moderately Heavy | greater than 45% to less than or equal to 65% | $2,868.55/acre/year | ||
| Heavy | greater than 65% to less than or equal to 85% | $3,996.00/acre/year | ||
| Very Heavy | greater than 85% to less than or equal to 100% | $4,916.64/acre/year | ||
| County Roads | NA | Set in accordance with RCW 90.03.525 | ||
| State Highways | NA | Set in accordance with RCW 90.03.525 | ||
The minimum service charge in any class shallbe three hundred and twenty-three dollars per parcel per year. Mobile homeparks' maximum annual service charges in any class shall be three hundred andtwenty-three dollars times the number of mobile home spaces.
D. The county council shall review the surfacewater management service charges biennially to ensure the long term fiscalviability of the program and to guarantee that debt covenants are met. Theprogram shall use equitable and efficient methods to determine service charges.
E. When a parcel with impervious surface isdivided by the boundary of the service area and a portion of the parcel'simpervious surface drains into the service area, the parcel shall be charged asotherwise provided herein on the basis of the lands and impervious surfaces thatdrain into the service area. When the director has determined that theimpervious surface of a parcel, divided by the boundary of the service area,completely drains outside of the service area, the parcel is exempt from therates and charges of this chapter.
F. The King County council by ordinance maysupplement or alter charges within specific basins and subbasins of the servicearea so as to charge properties or parcels of one basin or subbasin forimprovements, studies or maintenance that the council deems to provide serviceor benefit the property owners of one or more basins or subbasins. (Ord. 19543§ 1, 2022: Ord. 18836 § 1, 2018: Ord. 18401 § 1, 2016: Ord. 17451 § 4,2012: Ord. 17451 § 2, 2012: Ord. 16958 § 2, 2010: Ord. 15638 § 2, 2006:Ord. 14261 § 4, 2001: Ord. 13695 § 5, 1999: Ord. 11015 § 5, 1993: Ord. 10187§ 7, 1991: Ord. 8626 § 3, 1988: Ord. 8373 § 2, 1988: Ord. 7817 § 2, 1986:Ord. 7590 § 8, 1986).
9.08.080 Rate adjustments and appeals.
A. Any person billed for service charges mayfile a request for rate adjustment with the division within three years of thedate from which the bill was sent. However, filing of such a request does notextend the period for payment of the charge.
B. Requests for rate adjustment may be grantedor approved by the director only when one of the following conditions exists:
1. The parcel is owned by and is thepersonal residence of a person or persons who are:
a. approved by the county assessor for asenior citizen or disabled persons property tax exemption under RCW 84.36.381.Parcels qualifying under this subsection B.1.a. shall be exempt from allcharges imposed in K.C.C. 9.08.070; or
b. approved by the director for alow-income discount based on a verified household income equal to or less thantwo hundred percent of the federal poverty guidelines updated periodically inthe Federal Register by the U.S. Department of Health and Human Services underthe authority of 42 U.S.C. 9902(2). Income verification shall be performed inaccordance with written requirements approved by the director, whichrequirements shall be crafted to impose the least burden possible on the parcelowner. Parcels qualifying under this subsection B.1.b. shall receive a fiftypercent discount from all charges imposed in K.C.C. 9.08.070;
2. The acreage of the parcel charged is inerror;
3. The parcel is nonresidential and theactual impervious surface coverage of the parcel charged places it in adifferent rate category than the rate category assigned by the division;
4. The parcel is nonresidential and theparcel meets the definition of open space in K.C.C. 9.08.010. Parcelsqualifying under this subsection B.4. shall be charged only for the area ofimpervious surface and at the rate that the parcel is classified under usingthe total parcel acreage;
5. The parcel is nonresidential and isserved by one or more of the following types of controls used to mitigate theimpacts of surface and storm water runoff from the impervious surfaces of theparcel, and any source control best management practices applicable to thefacilities or activities occurring on the parcel must be implemented inaccordance with the standards in K.C.C. chapter 9.12 to prevent contaminantsfrom entering surface water, storm water or ground water:
a. one or more flow control facilitiesthat are required under K.C.C. chapter 9.04, or that is demonstrated by theproperty owner to provide flow control of surface and storm water to thestandards in K.C.C. chapter 9.04, when any such a facility is maintained at theexpense of the parcel owner to the standards required by the department. Parcelsqualifying under this subsection B.5.a. shall receive a twenty percent discountwhen runoff is controlled on fifty percent or more of the property's impervioussurface by the single or multiple flow control facilities;
b. one or more flow control facilitiesthat are required under K.C.C. chapter 9.04 and designed to the standards inthe 1990 or later editions of the Surface Water Design Manual, or that isdemonstrated by the property owner to provide flow control of surface and stormwater to the standards in the 1990 or later editions of the Surface WaterDesign Manual, when any such a facility is maintained at the expense of theparcel owner to the standards required by the department. Parcels qualifyingunder this subsection B.5.b. shall receive a twenty percent discount whenrunoff is controlled on fifty percent or more of the property's impervioussurface by the qualifying single or multiple flow control facilities. Thisdiscount is available in addition to other qualifying discounts in this subsectionB.5.;
c. one or more flow control bestmanagement practices or infiltration facilities that are either required underK.C.C. chapter 9.04, or is demonstrated by the property owner to provideabsorption or dispersion of surface and storm water to the standards in K.C.C.chapter 9.04, when any such a practice or facility is maintained at the expenseof the parcel owner to the standards required by the department. Parcelsqualifying under this subsection B.5.c. shall receive a twenty percent discountwhen runoff is absorbed or dispersed on fifty percent or more of the property'simpervious surface by flow control best management practices or infiltrationfacilities. This discount is available in addition to other qualifying discountsin this subsection B.5.;
d. one or more water quality treatmentfacilities that are required under K.C.C. chapter 9.04, or that is demonstratedby the property owner to provide water quality treatment of surface and stormwater to the standards in K.C.C. chapter 9.04, when any such a facility ismaintained at the expense of the parcel owner to the standards required by thedepartment. Parcels qualifying under this subsection B.5.d. shall receive atwenty percent discount when runoff is treated on fifty percent or more of theproperty's impervious surface by the single or multiple water quality treatmentfacilities. This discount is available in addition to other qualifying discountsin this subsection B.5.;
e. increased surface and storm watermanagement activities conducted by the parcel owner as mandated by the statethrough a National Pollutant Discharge Elimination System permit for postconstruction stormwater discharges. The activities include, but are notlimited to, frequent facility inspections, surface water monitoring, reportingof facility performance and prompt correction of identified surface waterproblems. Satisfactory compliance with the permit is required for thisdiscount, as determined by the department. Parcels qualifying under thissubsection B.5.e. shall receive a ten percent discount in addition to otherqualifying discounts in this subsection B.5.; and
f. when the requirements of subsectionB.5.a. through d. of this section stating the specified facilities must addressthe impacts of at least fifty percent of the impervious surfaces on-site cannotbe met, the discounts provided in said subsections shall be prorated asfollows:
(1) forty to less than fifty percent ofimpervious surface: sixteen percent discount;
(2) thirty to less than forty percent ofimpervious surface: twelve percent discount;
(3) twenty to less than thirty percentof impervious surface: eight percent discount; and
(4) four to less than twenty percent ofimpervious surface: four percent discount;
6. The parcel is residential and is servedby one or more flow control or water quality treatment facilities requiredunder K.C.C. chapter 9.04, or is demonstrated by the property owner to provideflow control or water quality treatment of surface and storm water to thestandards in K.C.C. chapter 9.04, and any such a facility is maintained at theexpense of the parcel owner to the standards required by the department. Inaddition any source control best management practices applicable to thefacilities or activities occurring on the parcel must be implemented inaccordance with the standards in K.C.C. chapter 9.12 to prevent contaminantsfrom entering surface water, storm water, or ground water. Residential parcelsqualifying under this subsection B.6. shall receive a fifty percent discount;
7. The parcel contains at least sixty-fivepercent forest and no more than twenty percent impervious surface, the runofffrom which is dispersed through the forested area to the standards in thesurface water management fee protocols, resulting in an effective imperviousarea of no more than ten percent for the entire parcel. In addition to theprevious requirement, any source control best management practices applicableto the facilities or activities occurring on the parcel must be implemented inaccordance with the standards in K.C.C. chapter 9.12 to prevent contaminantsfrom entering surface water, storm water, or ground water. Nonresidentialparcels qualifying under this subsection B.7. shall receive an eighty percentdiscount. Residential parcels qualifying under this subsection B.7. shallreceive a fifty percent discount. The discounts in this subsection B.7. may beapplied in lieu of but not in addition to other qualifying discounts insubsection B.5. and B.6.;
8. The parcel is owned or leased by a publicschool district that provides activities that directly benefit the surfacewater management program. The activities may include, but are not limited to:curriculum specific to the issues and problems of surface and storm watermanagement, and student activities in the community to expose students to theefforts required to restore, monitor or enhance the surface and storm watermanagement system. According to RCW 36.89.085, the amount of the rateadjustment shall be determined by the director based upon the cost of theactivities to the school district but not to exceed the value of the activityto the surface water management program. Determination of which activitiesqualify for the surface water management service charge reduction shall be madeby the division. Reductions in surface water management service charges mayonly be granted to school districts that provide programs that have beenevaluated by the division. The rate adjustment for the school districtactivity may be applied to any parcel in the service area that is owned oroperated by the school district;
9. The parcel is owned by a federallyrecognized tribe or member of such tribe and is located within the historicalboundaries of a reservation and thus is not subject to the charges provided forin this chapter; or
10. The service charge bill was otherwisenot calculated in accordance with this chapter.
C. The dollar amount of debt service onrevenue or general obligation bonds issued to finance storm water controlfacilities shall not be reduced by the rate adjustments referred to insubsection B.5., 6. and 7. of this section.
D. The property owner shall have the burden ofproving that the rate adjustment sought should be granted.
E. Decisions on requests for rate adjustmentsshall be made by the director based on information submitted by the applicantand by the division within thirty days of the adjustment request except whenadditional information is needed. The applicant shall be notified in writingof the director's decision. If an adjustment is granted under subsection B.1.,2., 3. and 4. of this section that reduces the charge for the current year ortwo prior years, the applicant shall be refunded the amount overpaid in thecurrent and two prior years. The adjustments provided for in subsection B.5.,6. and 7. of this section are prospective only from January 1, 2013. Areduction in charges for the billing years before January 1, 2013, shall not begranted under subsection B.5., 6. and 7. of this section.
F. If the director finds that a service chargebill has been undercharged, then either an amended bill shall be issued thatreflects the increase in the service charge or the undercharged amount shall beadded to the next year's bill. The amended bill shall be due and payable underK.C.C. 9.08.100. The director may include in the bill the amount underchargedfor two previous billing years in addition to the current bill.
G. Decisions of thedirector on requests for rate adjustments shall be final unless the applicantfiles an appeal in accordance with K.C.C. 20.22.080. The examiner's decisionshall be a final decision as authorized by K.C.C. 20.22.040. (Ord. 19250 § 1,2021: Ord. 18230 § 90, 2016: Ord. 17451 § 5, 2012: Ord. 16958 § 6, 2010:Ord. 16958 § 4, 2010: Ord. 15638 § 4, 2006: Ord. 14261 § 5, 2001: Ord. 13695§ 6, 1999: Ord. 11015 § 6, 1993: Ord. 10187 § 8, 1991: Ord. 7817 § 2, 1986:Ord. 7590 § 9, 1986).
9.08.085 Petition for additional services.King County residents inside or outside the existing Surface Water Managementservice area may petition the King County council for establishment of anindependent fee for additional services not currently provided by Surface WaterManagement to them. Sixty percent (60%) of the residents of the proposedspecial service area may petition the council for the additional service andcharge. The purpose of the petition process and additional charge is to: 1)provide additional services to residents within the existing service area; 2)provide additional services to residents outside the service area; or 3) expandthe service area to include the area within the petition.
The executive shall develop a process forcreating special service areas and the criteria for acceptance of the specialservice areas by June 1992. The executive should use the process outlined inExhibit B as a guide for developing the petition process and the criteria foracceptance of the special service areas. (Ord. 10187 § 13, 1991).
9.08.090 Billing procedure.
A. All property subject to charges of theprogram shall be billed based on the property characteristics existing onNovember 1, of the year prior to the billing year and at the rate as set forthin K.C.C. 9.08.070. Billing year is the year that the bills are sent. Theservice charge shall be displayed and billed on the annual property taxstatement for the parcel and shall be mailed to the name and address shown onthe real property tax roll at the time annual property tax bills are prepared.Parcels which are exempt from property taxes and do not receive an annualproperty tax statement will receive a bill only for the service charge. If apayment less than the sum of the total property tax plus service charge or lessthan the sum of one-half of the property tax plus one-half of the servicecharge is received for a combined property tax and service charge, and theparcel owner has not otherwise specified, the director of the office of financeshall first apply the payment to the annual property tax of the parcel pursuantto the provisions of RCW 84.56 and then apply any remaining amount to theservice charge.
B. The total amount of theservice charge shall be due and payable to the director of the office offinance on or before the 30th day of April and shall be delinquent after thatdate; however, if one-half of such service charge is paid on or before the said30th day of April, the remainder shall be due and payable on or before the 31stday of October and shall be delinquent after that date.
C. Parcel characteristicsaffecting the service charge which are altered after November 1 of any yearshall not be a basis for calculation of the service charge until after December31 of the following year.
EXCEPTION: Adjustments to the annualservice charge may be made when property is incorporated or annexed by anotherjurisdiction. The service charge for the billing year during whichincorporation or annexation occurs may:
1. Be subject to a prorationformula included in an interlocal agreement between the county and theincorporating or annexing jurisdiction; or
2. If the incorporation orannexation interlocal agreement does not address the surface water managementcharge, then incorporated or annexed properties will be subject to a surfacewater management charge of one-quarter of the annual service charge for eachquarter of the billing year during which the property was in unincorporatedKing County for one or more days. For purposes of determining this modifiedservice charge, the billing quarters will be for January 1 through March 31;April 1 through June 30; July 1 through September 30; and October 1 throughDecember 31.
3. The debt service portionof the service charge will not be prorated. (Ord. 11015 § 7, 1993: Ord. 10187§ 9, 1991: Ord. 8626 § 1, 1988: Ord. 7817 § 2, 1986: Ord. 7590 § 12, 1986).
9.08.100 Delinquencies andforeclosures.
A. Delinquent service chargesshall bear interest as provided in RCW 36.89.090 and 36.89.092 at the rate of12 percent per annum, or such rate as may hereafter be authorized by law,computed on a monthly basis from the date of delinquency until paid. Interestshall be calculated at the rate in effect at the time of payment of the chargesregardless of when the charges were first delinquent.
B. Pursuant to RCW 36.89.090,the county shall have a lien for delinquent service charges, including interestthereon, against any property subject to service charges. The lien shall besuperior to all other liens and encumbrances except general taxes and local andspecial assessments. Pursuant to RCW 36.89.090, such lien shall be effectiveand shall be enforced and foreclosed in the same manner as the foreclosure ofreal property tax liens as provided in RCW 36.94.150. The county may commenceto foreclose a surface water management service charge lien after three yearsfrom the date surface water management charges become delinquent. Pursuant toRCW 36.94.150 collections shall include costs of foreclosure in addition toservice charges and interest. (Ord. 11506 § 1, 1994: Ord. 8373 § 1, 1988:Ord. 7817 § 2, 1986: Ord. 7590 § 13, 1986).
9.08.120 Administrativestandards and procedures. Pursuant to K.C.C. chapter 2.98 the directorshall develop administrative standards and procedures relating to theimplementation of this chapter. This includes but is not limited to:
A. Procedures for theimposition and collection of service charges and/or for filing of liens andinitiation of foreclosure on delinquent accounts and the collection of the debtservice portion of the service charge in areas that annex or incorporate;
B. Lake management plans for:
1. Beaver Lake;
2. Lake Desire;
3. Cottage Lake (plan datedFebruary 1996).
C. Standards and procedures forgranting discounts to the surface water management fee;
D. Procedures for a grantprogram to help citizens in reducing the impact of excess storm and surfacewater runoff by removing impervious surface from their property. (Ord. 14261 §6, 2001: Ord. 12513 § 1, 1996: Ord. 12101 § 1, 1996: Ord. 11522 § 2, 1994:Ord. 11015 § 8, 1993: Ord. 10187 § 11, 1991: Ord. 7817 § 2, 1986: Ord. 7590§ 15, 1986).
Sections:
9.12.005 Purpose.
9.12.015 Definitions.
9.12.025 Discharges into King Countywaters.
9.12.035 Stormwater Pollution PreventionManual.
9.12.045 Administration – rules andregulations – notice – authority of director –obligations of owner or person in control.
9.12.050 Enforcement.
9.12.060 Hazards.
9.12.070 Criminal penalty.
9.12.080 Corrective actions, compliance,civil penalties, liability
9.12.090 Construction - intent.
Statutory provisions for water pollution control - Seechapter 90.48 RCW
9.12.005 Purpose. The purpose of this chapter is to protect the county'ssurface water and groundwater quality by providing minimum requirements forreducing and controlling the discharge of contaminants. The county councilrecognizes that water quality degradation can result either directly from onedischarge or through the collective impact of many small discharges. Therefore,this chapter prohibits the discharge of contaminants into surface water,stormwater or groundwater, and outlines preventive measures to restrict contaminantsfrom entering those waters. These measures include the implementation of bestmanagement practices (BMPs) by the residents and businesses of King County.
The county council finds this chapter isnecessary to protect the health, safety and welfare of the residents of KingCounty and the integrity of the county's resources for the benefit of all by:minimizing or eliminating water quality degradation; preserving and enhancingthe suitability of waters for recreation, fishing, and other beneficial uses;and preserving and enhancing the aesthetic quality and biotic integrity of thewater. The county council recognizes that implementation of this chapter isrequired under the federal Clean Water Act, 33 U.S.C. 1251 et. seq., andchapter 90.48 RCW. In meeting the intent of the Clean Water Act and chapter90.48 RCW, the county council also recognizes the importance of maintainingeconomic viability while providing necessary environmental protection andbelieves this chapter helps achieve both goals. (Ord. 18257 § 8, 2016: Ord.11624 § 5, 1994: Ord. 10636 § 2, 1992).
9.12.015 Definitions. The definitions in this section apply throughout thischapter unless the context clearly requires otherwise.
A. "AKART"means "all known, available and reasonable methods of prevention, controland treatment." "AKART" represents the most current methodologythat can be reasonably required for preventing, controlling or abating thepollutants associated with a discharge. "AKART" applies to bothpoint and nonpoint sources of pollution.
B. "Best management practice" or"BMP" means any schedule of activities, prohibition of practices,maintenance procedure, or structural or managerial practice approved by KingCounty that, when used singly or in combination, prevents or reduces therelease of pollutants and other adverse impacts to surface water, stormwaterand groundwater.
C. “Cease discharge order” means a writtenorder to immediately cease the activity or activities causing or contributingto the discharge of a prohibited substance to stormwater, surface water,groundwater or the conveyance system, or to any combination thereof. A ceasedischarge order is a form of a stop work order under K.C.C. chapter 23.28.
D. "Chapter" means this chapter and anyadministrative rules and regulations adopted to implement this chapter.
E. "Clean Water Act" means 33 U.S.C.1251 et. seq., as amended.
F. “Conveyance system” means the drainagefacilities and features, both natural and constructed that provide for thecollection and transport of surface water or stormwater runoff. The naturalelements of the “conveyance system” include swales and small drainage courses,streams, rivers, lakes and wetlands. The constructed elements of the“conveyance system” include gutters, ditches, pipes, catch basins, channels andmost flow control and water quality facilities.
G. “Director” means the director of the KingCounty department of natural resources and parks, other department directorsspecified in enforcement procedures established in accordance with thischapter, or the authorized representatives of those directors, includingcompliance officers and inspectors whose responsibility includes the detectionand reporting of civil code violations, as defined in K.C.C. 23.02.010.
H. "Discharge" means throw, drain, release,dump, spill, empty, emit, or pour forth any matter or to cause or allow matterto flow, run or seep from land or be thrown, drained, released, dumped,spilled, emptied, emitted or poured into water.
I. "Drainage facility" has the samemeaning as in K.C.C. 9.04.020.
J. "Farm management plan" means acomprehensive site-specific plan developed by the farm owner in cooperationwith the King Conservation District taking into consideration the land ownersobjectives while protecting water quality and related natural resources.
K. "Forest practices" means anyactivity conducted on or directly pertaining to forest land and relating togrowing, harvesting, or processing timber, as defined in chapter 222-16 WAC.
L. "Groundwater" means all water foundin the soil and stratum beneath the land surface or beneath the bed of anysurface water.
M. "Illicit connection" means anyhuman-made connection to the storm drain system, surface water or groundwaterthat the director determines based on an investigation or other evidence is notcomposed entirely of stormwater. For the purposes of this subsection,"human-made connections" include, but are not limited to, sanitarysewer connections, floor drains, channels, pipelines, conduits, inlets, hoses,above-ground piping or outlets, that discharge directly to the storm drainsystem, surface water or groundwater.
N. "National Pollutant DischargeElimination System" or "NPDES" means the national program forcontrolling pollutants from point source discharges directly into waters of theUnited States under the Clean Water Act.
O. "National Pollutant DischargeElimination System permit" means an authorization, license or equivalentcontrol document issued by the United States Environmental Protection Agency orthe Washington state Department of Ecology to implement the requirements of theNPDES program.
P. "Normal single family residentialactivities" means activities that are ordinarily associated with domesticresidential uses and that ordinarily occur on a single family residentialproperty. "Normal single family residential activities" include butare not limited to washing and repair of personal vehicles and boats; storageand disposal of solid and yard wastes; use, storage and disposal of hazardouswastes; gardening and lawn care; home maintenance and repair; and swimming pooland hot tub maintenance. "Normal single family residentialactivities" do not include commercial business activities that are notassociated with domestic residential uses or that do not ordinarily occur on asingle family residential property.
Q. "Person" means an individual and theperson’s agent or assign, municipality, political subdivision, governmentagency, partnership, corporation, business or any other entity.
R. “Prohibited discharge” also known as anillicit discharge, means any direct or indirect act of discharging anythingother than stormwater to the conveyance system, stormwater, surface water orgroundwater, except as expressly allowed by this chapter.
S. "Responsible party" means the owner,operator or occupant of property; or any person causing or contributing to anaction prohibited by this chapter.
T. "Source control BMP" means a BMPintended to prevent contaminants from entering surface water, stormwater orgroundwater including the modification of processes to eliminate the productionor use of contaminants. "Source control BMPs" can be eitherstructural or nonstructural. Structural source control BMPs involve theconstruction of a physical structure on site, or other type of physicalmodification to a site. An example of a structural source control BMP is buildinga covered storage area. A nonstructural source control BMP involves themodification or addition of managerial or behavioral practices. An example ofa nonstructural source control BMP is using less toxic alternatives to currentproducts or sweeping parking lots.
U. "State Waste Discharge Permit"means an authorization, license, or equivalent control document issued by theWashington state Department of Ecology in accordance with chapter 173-216 WACand under the authority of chapter 90.48 RCW.
V. "Stormwater" means the waterproduced during precipitation or snowmelt that runs off, soaks into the groundor is dissipated into the atmosphere. Stormwater that runs off or soaks intothe ground ultimately becomes surface water or groundwater.
W. "Stormwater Pollution PreventionManual" means the manual adopted in accordance with K.C.C. chapter 2.98,and supporting documentation referenced or incorporated in the manual,describing BMPs and procedures for existing facilities and existing and newactivities not covered by the Surface Water Design Manual.
X. "Surface water" means the waterthat exists on land surfaces before, during and after stormwater runoff occursand includes, but is not limited to, the water found on ground surfaces and indrainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlandsand Puget Sound. It also includes shallow groundwater.
Y. "Treatment BMP" means a BMPintended to remove contaminants once they are already introduced intostormwater. Examples of treatment BMPs include oil/water separators,biofiltration swales and wetponds. (Ord. 18481 § 1, 2017: Ord. 18257 § 9,2016: Ord. 15052 § 6, 2004: Ord. 14199 § 134, 2001: Ord. 11624 § 5, 1994:Ord. 10636 § 3, 1992).
9.12.025 Discharges into King Countywaters.
A.1. It is unlawful for any person todischarge any contaminants into the conveyance system, surface water, stormwateror groundwater. Contaminants include, but are not limited, to the following:
a. trash or debris;
b. construction materials;
c. petroleum products including but notlimited to oil, gasoline, grease, fuel oil, heating oil;
d. antifreeze and other automotiveproducts;
e. metals in either particulate ordissolved form;
f. flammable or explosive materials;
g. radioactive material;
h. batteries;
i. acids, alkalis or bases;
j. paints, stains, resins, lacquers orvarnishes;
k. degreasers and solvents;
l. drain cleaners;
m. pesticides, herbicides or fertilizers;
n. steam cleaning wastes;
o. soaps, detergents or ammonia;
p. swimming pool or spa filter backwash;
q. chlorine, bromine and otherdisinfectants;
r. heated water;
s. domestic animal wastes;
t. sewage;
u. recreational vehicle waste;
v. animal carcasses;
w. food wastes;
x. bark and other fibrous materials;
y. collected lawn clippings, leaves orbranches;
z. silt, sediment or gravel;
aa. dyes, except as stated in subsectionC.1. of this section;
bb. chemicals not normally found inuncontaminated water; and
cc. any hazardous material or waste notlisted in subsection A.1.a. through bb. of this section.
2. Illicit connections are prohibited.
3. The following connections are notconsidered illicit connections:
a. connections conveying stormwater or allowabledischarges as described in K.C.C. 9.12.025.C.;
b. connections conveying allowabledischarges pursuant to an NPDES or State Waste Discharge permit; and
c. connections conveying effluent fromonsite sewage disposal systems to subsurface soils.
B. BMPs shall be applied to any business orresidential activity that might result in prohibited discharges as specified inthe Stormwater Pollution Prevention Manual or as determined necessary by thedirector. Activities that might result in prohibited discharges include butare not limited to following:
1. Potable water line flushing;
2. Lawn watering with potable water;
3. Dust control with potable water;
4. Automobile and boat washing;
5. Pavement and building washing;
6. Swimming pool and hot tub maintenance;
7. Auto repair and maintenance;
8. Building repair and maintenance;
9. Landscape maintenance;
10. Hazardous waste handling;
11. Solid and food waste handling; and
12. Application of pesticides.
C. The following types of discharges shall notbe considered prohibited discharges for the purpose of this chapter unless thedirector determines that the type of discharge, whether singly or incombination with other discharges, is causing significant contamination ofsurface water, stormwater or groundwater:
1. Spring water;
2. Diverted stream flows;
3. Uncontaminated water from crawl spacepumps, foundation drains or footing drains;
4. Lawn watering with potable water orcollected rainwater;
5. Pumped groundwater flows that areuncontaminated;
6. Materials placed as part of an approvedhabitat restoration or bank stabilization project;
7. Natural uncontaminated surface water orgroundwater;
8. Flows from riparian habitats andwetlands;
9. The following discharges from boats:engine exhaust; cooling waters; effluent from sinks; showers and laundryfacilities; and treated sewage from Type I and Type II marine sanitationdevices;
10. Collected rainwater that isuncontaminated;
11. Uncontaminated groundwater that seepsinto or otherwise enters stormwater conveyance systems;
12. Air conditioning condensation;
13. Irrigation water from agriculturalsources that is commingled with stormwater runoff;
14. Nonstormwater discharges authorized byanother NPDES or State Waste Discharge Permit;
15. Discharges from emergency fire-fightingactivities; and
16. Other types of discharges as determinedby the director.
D.1. Dye testing is allowable but requiresverbal notification to the King County water and land resources division atleast one day prior to the date of test. The King County department of publichealth is exempt from this requirement.
2. A person does not violate subsection A.of this section if:
a. That person has properly designed,constructed, implemented and is maintaining BMPs and is carrying out AKART asrequired by this chapter, but contaminants continue to enter surface water,stormwater or groundwater; or
b. That person can demonstrate that noadditional contaminants are being discharged from the site above the backgroundconditions of the water entering the site.
3. Subsection D.2. of this section does notexcuse from liability any prohibited discharges resulting from illicitconnections, dumping, spills, improper maintenance of BMPs or other dischargesthat allow contaminants to enter surface water, stormwater, groundwater or theconveyance system.
.
4. Emergency response activities or otheractions that must be undertaken immediately or within a time too short to allowfull compliance with this chapter in order to avoid an imminent threat topublic health or safety, shall be exempt from this section. The director, bypublic rule, may specify actions that qualify for this exception in countyprocedures. A person undertaking emergency response activities shall takesteps to ensure that the discharges resulting from such activities areminimized. In addition, such a person shall evaluate BMPs and the site plan,where applicable, to restrict recurrence. (Ord. 18481 § 2, 2017: Ord. 18257 §10, 2016: Ord. 16264 § 4, 2008: 15052 § 7, 2004: Ord. 14199 § 135, 2001: Ord.11624 § 5, 1994: Ord. 11624 § 2, 1994: Ord. 10636 § 4, 1992).
9.12.035 Stormwater Pollution PreventionManual.
A. Compliance with this chapter shall beachieved through the use of the BMPs described in the Stormwater PollutionPrevention Manual. In applying the Stormwater Pollution Prevention Manual, thedirector shall first require the implementation of source control BMPs. Ifthese are not sufficient to prevent contaminants from entering surface water,stormwater or groundwater, the director may require implementation of treatmentBMPs as set forth in AKART. The King County water and land resources divisionwill provide, upon reasonable request, available technical assistance materialsand information, and information on outside financial assistance options topersons required to comply with this chapter.
B. In applying the Stormwater PollutionPrevention Manual to prohibited discharges from normal single family residentialactivities, the director shall use public education and warnings as the primarymethods for gaining compliance with this chapter and shall not use citations,notice and orders, assessment of civil penalties and fines, or other complianceactions as authorized in K.C.C. 23.02.040, unless the director determines:
1. The discharge from a normal single familyresidential activity, whether singly or combination with other discharges, iscausing a significant contribution of contaminants to surface water, stormwateror groundwater; or
2. The discharge from a normal single familyresidential activity constitutes a hazard as set forth in K.C.C. 9.12.060.
C. Any person implementing BMPs throughanother federal, state or local program will not be required to implement theBMPs prescribed in the county's Stormwater Pollution Prevention Manual, unlessthe director determines that the other program’s BMPs are ineffective atreducing the discharge of contaminants or not being implemented. If the otherprogram requires the development of a stormwater pollution prevention plan orother BMP plan, the person shall make the plan available to King County uponrequest. Other federal, state, and local programs include, but are not limitedto any of the following:
1. General or individual NPDES permit fromthe Washington state Department of Ecology or the United States EnvironmentalProtection Agency;
2. A King Conservation District-approvedfarm management plan;
3. Activities authorized under K.C.C. chapter21A.30;
4. The county’s municipal stormwater managementprogram;
5. Forest practices under chapter 76.09 RCW,with the exception of forest practices occurring on lands platted after January1, 1960, or on lands being converted to another use or when regulatoryauthority is otherwise provided to local government by RCW 76.09.240; or
6.State Waste Discharge General Permit, underthe authority of chapter 90.48 RCW; or
7. Other programs identified by thedirector. (Ord. 18257 § 11, 2016: Ord. 16264 § 5, 2008: Ord. 15052 § 8,2004: Ord. 14199 § 136, 2001: Ord. 11624 § 5, 1994: Ord. 11624 § 3, 1994:Ord. 10636 § 5, 1992).
9.12.045 Administration – rules andregulations – notice – authority of director – obligations of owner or personin control.
A. The director is authorized to implementthis chapter. The director is authorized to promulgate and adopt administrativerules and regulations under the procedures specified in K.C.C. chapter 2.98 forthe purpose of implementing and enforcing this chapter. The director shallcoordinate the implementation and enforcement of this chapter with otherdepartments of King County government. Administrative rules adopted inaccordance with this section shall be posted to the websites of the departmentof local services, permitting division, and the department of natural resourcesand parks, water and land resources division, or their successors, as well asany other website maintained by the executive to provide the public access toadopted public rules. The director should provide email notification to thecouncil when an administrative rule adopted in accordance with this section hasbeen posted to the websites. The email notification shall be sent to the clerkof the council, who shall retain the original email and provide an electroniccopy to all councilmembers, the council chief of staff, the policy staff directorand the lead staff for the transportation, economy and environment committee,or its successor.
B. Whenever necessary to make an inspection toenforce any provision of this chapter, to monitor for proper implementation ofBMPs or whenever the director has reasonable cause to believe that violationsof this chapter are occurring, the director may enter the premises at allreasonable times to inspect or perform any duty imposed by this chapter; but ifthe premises are occupied, the director shall first make a reasonable effort tolocate the owner or other person in control of any building, structure,property or portion thereof and seek entry. Unless entry is consented to bythe owner or other person in control of any building, structure, property or portionthereof, or conditions are believed to exist which create a threat of immediateand substantial harm, the director, before entry, shall obtain a search warrantas authorized by the laws of the state of Washington. The director shouldprovide email notification to the council in a timely manner after entering aproperty without permission. The email notification shall be sent to the clerkof the council, who shall retain the original email and provide an electroniccopy to all councilmembers, the council chief of staff, the policy staffdirector and the lead staff for the transportation, economy and environmentcommittee, or its successor. (Ord. 18791 § 61, 2018: Ord. 18257 § 12, 2016: Ord.14199 § 137, 2001: Ord. 11624 § 5, 1994: Ord. 10636 § 6, 1992).
9.12.050 Enforcement.
A. The director is authorized to carry outenforcement actions pursuant to the enforcement and penalty provisions of K.C.C.9.12.090 and K.C.C. Title 23 and other enforcement provisions adopted by ruleunder the procedures of K.C.C. chapter 2.98.
B. The director shall gain compliance withthis chapter by requiring the implementation of BMPs and, when necessary,AKART. The director shall initially use education and technical assistance asmuch as possible to gain compliance with this chapter, unless the directordetermines a violation is a result of a flagrant act that should be addressedthrough immediate penalties or constitutes a hazard as set forth in K.C.C.9.12.060.
C. The director, in consultation with otherdepartments of King County government, shall develop and implement additionalenforcement procedures. The procedures shall indicate how the county willinvestigate and respond to reports or instances of noncompliance with thischapter and shall identify by title the official or officials responsible forimplementing the enforcement procedures.
D.1. The director may perform such inspectionsand take any actions necessary to enforce this chapter.
2. The director may observe theimplementation of BMPs or examine or sample surface water, stormwater or groundwateras often as necessary to determine compliance with this chapter. Whenever aninspection of a property is made, observed violations shall be documented and thisdocumentation provided to the responsible party.
3. When the director determines undersubsection D.2. of this section that a person is violating this chapter, thedirector may require the violator to sample and analyze any discharge, surfacewater, stormwater, groundwater or sediment, or any combination thereof, inaccordance with sampling and analytical procedures or requirements determinedby the director. If the violator is required to complete this sampling andanalysis, a copy of the analysis shall be provided to the King County water andland resources division.
E. In addition to any other penalty or methodof enforcement, the prosecuting attorney may bring actions for injunctive orother relief to enforce this chapter.
F. Enforcement actions taken under thissection shall be subject to the appeal procedures in K.C.C. Title 23. (Ord.18481 § 3, 2017: Ord. 18257 § 13, 2016: Ord. 14199 § 138, 2001: Ord. 11624 §5, 1994: Ord. 11624 § 4, 1994: Ord. 10636 § 7, 1992).
9.12.060 Hazards.
A. The director may determine that anyviolation of this chapter constitutes a hazard if the violation:
1. Poses a threat to public health, safetyor welfare; or
2. Endangers any property; or
3. Adversely affects the safety and operationof any county right of way, utilities, or other property owned or maintained bythe county.
B. Upon determining that a violationconstitutes a hazard, the director shall immediately notify the responsibleparty and shall provide a verbal or written determination of the hazard thatspecifies the date by which the hazard shall be corrected.
C. Upon receipt of the director's writtenhazard determination, the responsible party shall correct the hazard by thedate specified.
D. Notwithstanding any other provisions ofthis chapter, upon reasonable belief that any of the conditions described inK.C.C. 9.12.060.A.1. and A.3. exist, the director may enter at all times in orupon any public or private property for the purpose of investigating the existenceof a hazard.
E. The director may without prior noticerequire the immediate discontinuance of any violation causing the hazard.Failure to comply shall constitute a willful violation of this chapter. (Ord.18257 § 14, 2016: Ord. 11624 § 5, 1994: Ord. 10636 § 8, 1992).
9.12.070 Criminal penalty. Any willfulviolation of an order issued pursuant to Section 9.12.050 or Section 9.12.060of this chapter for which a criminal penalty is not prescribed by state law isa misdemeanor. (Ord. 11624 § 5, 1994: Ord. 10636 § 9, 1992).
9.12.080 Corrective actions, compliance,civil penalties, liability. The enforcement provisions for water qualityare intended to encourage compliance with this chapter. To achieve this, responsibleparties will be required to take corrective action and comply with thischapter, and may be required to pay a civil penalty and restitution payment forthe redress of ecological, recreational and economic values lost or damaged dueto their unlawful action.
A. The provisions in this section are inaddition to and not in lieu of any other penalty, sanction or right of actionprovided by law.
B. Any responsible party in violation of thischapter shall be subject to civil penalties assessed as follows:
1. An amount reasonably determined by thedirector to be equivalent to the economic benefit the responsible party derivesfrom the violation as measured by: the greater of the resulting increase inmarket value of the property or business value received or savings ofconstruction or retrofitting costs realized; and
2. An amount of civil penalties, not toexceed ten thousand dollars per violation per day, that is reasonably basedupon the criteria of subsection E.1. through 8. of this section. The directoris hereby authorized to utilize in the form of a point-based penalty matrixthat increases the penalty assessed as the seriousness of the violationincreases. The point-based penalty matrix shall be adopted together withguidance for compliance officers and inspectors through the rule-makingprocedures of K.C.C. chapter 2.98. In addition to the notification proceduresrequired by K.C.C. chapter 2.98, for the initial rule making under thissection, the director shall:
a. hold a public meeting to take commentson the draft rule;
b. provide notice to the clerk of thecouncil and each member of the county council regarding the date, time andlocation of such meeting at least thirty days in advance of the meeting; and
c. provide notice to the clerk of thecouncil and each member of the county council of proposed revisions to theinitially drafted rule at least fifteen days prior to adoption of the final rule.
C. Any person who, through an act ofcommission or omission, aids or abets in a violation shall be considered tohave committed the violation for the purposes of the civil penalty.
D. In addition to civil penalties, aresponsibility party whose violation of this chapter causes damage to orimpairs a drainage facility, or causes damage to physical, chemical, orbiological systems of waters of the state or waters of the United States, shallbe liable to and reimburse the county for any restitution, damage, cost andexpense caused by such a violation or discharge.
E. Each responsible party is jointly andseverally liable for a violation of this chapter. The director may takeenforcement action, in whole or in part, against any responsible party. Thedecisions of whether to take enforcement action, what type of action to take,and which person to take action against, are all entirely within the director'sdiscretion. Factors to be used in taking such enforcement actions shall includewhether or not:
1. The violation caused any environmental orresource damage;
2. Action was taken to remedy the problemafter a violation occurred;
3. It was a willful or knowing violation;
4. The violation was a result of improperoperation, inadequate maintenance or inadequate implementation of required BMPsor of a required plan that addresses stormwater management source control BMPs;
5. There is a history of compliance problemson the property or with the responsible party;
6. There is infrastructure damage oradditional maintenance required of conveyance system, drainage facilities orright-of-way due to the violation;
7. There was an illicit connection; and
8. Anyone benefitted economically fromnoncompliance.
F. Civil penalties as provided for undersubsection B.2. of this section shall be assessed daily for any failure tocomply with a notice and order or a voluntary compliance agreement for thefirst thirty days following the date the notice and order or voluntarycompliance agreement that required the violation to have been corrected. Ifafter thirty days the person responsible for correcting the violation hasfailed to do so, penalties shall be double that of the initial rate for eachday thereafter, until the violation is corrected.
G. Civil penalties as provided for undersubsection B.2. of this section that are assessed for a violation of a ceasedischarge order shall be applied daily for each day that the directordetermines that work or activity was done in violation of the cease dischargeorder.
H. In the event more than one person isdetermined to have violated this chapter, all applicable civil penalties may beimposed against each person, and recoverable damages, costs, and expenses maybe allocated among the persons on any equitable basis. Factors that may beconsidered in determining an equitable allocation include:
1. Each person’s:
a. culpability or degree of involvement inthe violation;
b. awareness of the violation;
c. ability to correct the violation;
d. ability to pay damages, costs, andexpenses;
e. cooperation with government agencies;and
2. Degree of impact or potential threat towater or sediment quality, human health, or the environment.
I. The director may engage in mitigationdiscussions with the responsible party. The director may reduce the penaltiesbased upon one or more of the following mitigating factors:
1. The person responded to county attemptsto contact the person and cooperated with efforts to correct the violation;
2. The person showed due diligence orsubstantial progress, or both, in correcting the violation; or
3. An unknown person was the primary causeof the violation.
J. Payment of a monetary penalty under thischapter does not relieve the responsible party of the duty to correct theviolation.
K. All civil penalties recovered duringenforcement of this chapter shall be deposited into a fund of the divisiontaking the enforcement action and, subject to appropriation, shall be used forthe protection of surface water, stormwater or groundwater as set forth in thischapter, through education or other implementation procedures determined by thedirector.
L. Civil penalties assessed under this sectionmay be appealed in accordance with the appeal and waiver procedures for civilpenalties in K.C.C. chapter 23.32. (Ord. 18481 § 4, 2017: Ord. 18257 § 15,2015: Ord. 16264 § 6, 2008: Ord. 11624 § 5, 1994: Ord. 10636 § 10, 1992).
9.12.090 Construction - Intent. Thischapter is enacted as an exercise of the county's power to protect and preservethe public health, safety and welfare. Its provision shall be exempted fromthe rule of strict construction and shall be liberally construed to give fulleffect to the objectives and purposes for which it was enacted. This chapteris not enacted to create or otherwise establish or designate any particularclass or group of persons who will or should be especially protected orbenefited by the terms of this chapter.
The primary obligation of compliance with thischapter is placed upon the person holding title to the property. Nothingcontained in this chapter is intended to be or shall be construed to create orform a basis for liability for the county, the department, its officers,employees or agents for any injury or damage resulting from the failure of theperson holding title to the property to comply with the provisions of thischapter, or by reason or in consequence of any act or omission in connectionwith the implementation or enforcement of this chapter by the county,department, its officers, employees or agents. (Ord. 11624 § 5, 1994: Ord.10636 § 11, 1992).
Sections:
9.14.010 Intent - local autonomy forgroundwater protection.
9.14.020 Role of county in groundwaterprotection.
9.14.030 Groundwater protection program.
9.14.040 Support for implementation ofcertified groundwater management plans.
9.14.050 Lead agency – department ofnatural resources and parks – responsibilities.
9.14.070 Vashon-Maury island groundwaterprotection committee.
9.14.100 Responsibilities of groundwaterprotection committee.
9.14.110 Groundwater protection committee- appointment - vacancies.
9.14.120 Groundwater protection committee- operations.
9.14.130 Public involvement and outreach- public information - open public meetings - notice.
9.14.010 Intent - local autonomy forgroundwater protection. Nothing in this legislation is intended toinfringe upon the authority of any jurisdiction or entity for groundwaterprotection. Funding, policy and staffing decisions for implementation ofactivities identified in groundwater management plans, certified by theWashington state department of ecology, for King County, municipalities,special purpose districts, sewer and water utilities and associations, andwater purveyors are subject to approval and oversight by each entityresponsible for implementation of the activities identified in the plans.(Ord. 14214 § 2, 2001).
9.14.020 Role of county in groundwaterprotection. KingCounty recognizes that the legal authority to regulate withdrawals ofgroundwater resides with the state of Washington. It is not intended by thislegislation for King County to infringe upon or displace the authority of anyjurisdiction or entity, including municipalities, special purpose districts,sewer and water utilities and associations and water purveyors, for groundwaterprotection or extraction or to create any new regulatory authority beyond thatwhich King County currently possesses. (Ord. 14214 § 3, 2001).
9.14.030Groundwater protection program. Basedon available funding, county services are intended to provide groundwaterprotection, including but not limited to the following activities:
A. Data management, which shall include, but not be limited to, obtainingavailable data from other local jurisdictionsin King County, federal and state agencies and tribal nations; reviewing andmapping data; maintaining a clearinghouse of data on groundwater in KingCounty; and responding to data requests;
B.Groundwater protection planning, which shall include, but not be limited to,assisting with updating groundwater management plans; coordinating groundwaterprotection activities with water purveyors, water users, tribal nations,adjoining counties where appropriate, the Washington state departments ofHealth, Ecology, Fish and Wildlife, and other appropriate state and federalagencies; and participating in county activities and forums where groundwaterprotection may be a significant issue, in areas such as water resourceinventory area work and Endangered Species Act work;
C.Coordination of technical expertise in groundwater, including but not limitedto geology, hydrology; geophysics and geophysical methods; and mapping;
D.Monitoring countywide tracking of environmental benchmarks in accordance withKing County’s countywide planning policies;
E.Monitoring and data collection in the Vashon-Maury island and east King Countygroundwater management areas from existing sampling sites, and monitoring anddata collection pilot projects in incorporated and unincorporated areas of KingCounty;
F.Stewardship of groundwater in the unincorporated areas of King County wherestewardship services are not provided by special purpose districts, sewer andwater utilities and associations and water purveyors;
G.Regional education and public involvement in groundwater protection issues;
H.Development of strategies to prevent the contamination of sensitive aquiferareas from spills of hazardous materials;
I.Identification and mapping of critical groundwater recharge areas andparticipation in the protection and development of protection or remediationstrategies for these areas;
J.Serving as a clearinghouse for groundwater models that addresscross-jurisdictional groundwater problems within a groundwater management areaor among groundwater management areas;
K.Review and recommendation of health regulations related to groundwaterprotection;
L.Recommendation of amendments to the countywide planning policies andenvironmental benchmarks related to groundwater protection;
M.Recommendations of any combination of activities, policies and procedures topublic and private entities that have impacts on groundwater or that may benecessary to implement elements of the groundwater protection program; and
N.Development of comprehensive policies that integrate groundwater protection,surface water, stormwater, wastewater and reclaimed water and protect criticalwater recharge areas. (Ord. 14214 § 4, 2001).
9.14.040 Support for implementation of certifiedgroundwater management plans. Subjectto available funding, the King County groundwater protection program shallsupport implementation of activities identified in the groundwater managementplans in King County that have been certified by the Washington stateDepartment of Ecology. (Ord. 14214 § 5, 2001).
9.14.050 Lead agency – department ofnatural resources and parks - responsibilities.
A. The department of natural resources andparks shall be the lead agency for King County’s groundwater protection programand shall be responsible for the following activities:
1. Oversee implementation of King County’sgroundwater protection program;
2. Provide staff support to any groundwaterprotection committee appointed by King County and respond to the committees ina timely manner regarding the adoption of committee recommendations;
3. Identify sources and methods of fundingregional groundwater protection services and seek funding for these services;
4. Develop any combination of interlocalagreements, memorandums of understanding and operating agreements with cities,special purpose districts, sewer and water utilities and associations, andwater purveyors for implementation of groundwater management plans and regionalgroundwater protection services in King County. These agreements shall includeprovisions addressing the scope, governance, structure, funding and transitionto implementation of certified groundwater management plans and regionalgroundwater protection services in King County;
5. Consult with the Washington stateDepartment of Ecology about the feasibility of integrating the goals andimplementation of certified groundwater management plans, where possible, withadopted watershed plans to avoid creating redundant work programs;
6. Coordinate with the department of localservices, permitting division, for any review required pursuant to K.C.C. Title21A regarding land use, water use, environmentally sensitive areas and specialdistrict overlays, or the exercise of other authorities, that relate togroundwater protection;
7. Coordinate with the Seattle-King Countydepartment of public health for work performed pursuant to the King CountyBoard of Health Code Title 10, Solid Waste Handling, Title 11, HazardousChemicals, Title 12, Water, Title R12, Water and Title 13, On-site Sewage, orthe exercise of other authorities, that relate to groundwater protection;
8. Coordinate with the office of regionalpolicy and planning for work performed pursuant to K.C.C. Title 20, Planning,or the exercise of other authorities, that relate to groundwater protection;
9. Coordinate internally within thedepartment of natural resources for work performed under K.C.C. Title 9,Surface Water Management, K.C.C. chapter 20.70, Critical Aquifer Recharge Areasand K.C.C. Title 28, Water Pollution Abatement and Wastewater Treatment, or theexercise of other authorities, that relate to groundwater protection;
10. In consultation with the department oflocal services, permitting division, the Seattle-King County department ofpublic health, and divisions within the department of natural resources,develop an integrated annual work plan that incorporates each of these agencieswork programs relative to groundwater protection and that delineates thegroundwater protection services provided by King County. A draft annual work planshall be submitted to any groundwater protection committee appointed by KingCounty for their review and recommendations. The department of naturalresources shall distribute the final annual work plan to the King Countycouncil, any groundwater protection committee appointed by King County, cities,special purpose districts, sewer and water utilities and associations, waterpurveyors and other entities that are implementing activities recommended incertified groundwater management plans;
11. Develop a three-year work plan thatidentifies long-term needs for groundwater protection, in consultation with anygroundwater protection committee appointed by King County, cities, specialpurpose districts, sewer and water utilities and associations, and waterpurveyors. The work plan should include an examination by the Seattle-KingCounty department of public health of the effectiveness of the currentcompliance methodology for violations of regulations governing operation,maintenance and repair of groundwater facilities by public water systems orindividuals, and an examination of alternative compliance methodologies thatprovide for a hierarchy of responses to such violations (e.g., education, sitevisit, notification, fines, civil penalty, operating restrictions). The workplan shall include an examination of existing county fees or charges forgroundwater testing that could reduce any current testing disincentives causedby unaffordability of those fees or charges. The department of natural resourcesshall distribute the three-year work plan to the King County council, anygroundwater protection committee appointed by King County, cities, specialpurpose districts, sewer and water utilities and associations, water purveyorsand other entities that have a role in the three-year work plan; and
12. Provide an annual written report on thegroundwater protection program. This report shall include, but not be limitedto, information from the prior calendar year on groundwater protection servicesprovided by King County, expenditures for the groundwater protection programand recommendations from any groundwater protection committee appointed by KingCounty. By March 31 of each year the report shall be submitted to anygroundwater protection committee appointed by King County.
B. The King County auditor shall reviewwhether or not groundwater protection services are being provided by KingCounty and provide to the King County council by July 2003 an inventory ofgroundwater protection services that are provided and are not provided by KingCounty.
C. The regional water quality committee isrequested to make recommendations to the King County council between April andSeptember 2003 on the efficacy of the groundwater protection program in KingCounty, including but not limited to the following areas: public outreach,education and stewardship; data management; coordination of groundwaterprotection activities with all interested entities, users and individuals;regional involvement in the groundwater protection program; development ofagreements and funding for regional groundwater protection services, and therole of the department of natural resources in providing groundwater protectionservices. (Ord. 18791 § 62, 2018: Ord. 18635 § 26, 2017: Ord.17420 § 28, 2012: Ord. 14561 § 25, 2002: Ord. 14214 § 6, 2001).
9.14.070Vashon-Maury island groundwater protection committee.
A.The Vashon-Maury island groundwaterprotection committee is hereby created and shall continue in existence untilDecember 31, 2027.
B.The committee members shall be selected from within the Vashon-Maury Islandgroundwater management plan area and shall consist of the following:
1. Three representatives who are Vashon-Maury Island residents;
2. One representative from Group A water systems;
3. One representative from septic system owners;
4. Two representative from residential exempt well owners;
5. One representative from Vashon-Maury Island business entities;
6. One representative from the farming community; and
7. One representative from a local nonprofit organization.
C.The county shall invite the Puyallup Tribe to recommend a candidate for membershipon the committee. If the Puyallup Tribe accepts the county's invitation byrecommending a candidate, then the committee shall accept the tribe'srecommended candidate as a member of the committee.
D.Each county abutting the Vashon-Maury Island groundwater management plan areaboundary shall be requested to provide to the county a candidate forappointment to the committee on an advisory, nonvoting basis.
E.Public health [- Seattle & King County]* and the Washington statedepartments of Ecology and Health shall be requested to provide to the county acandidate for appointment to the committee on an advisory, nonvoting basis.
F.Each member of the committee shall coordinate internally with the interests themember represents. (Ord. 19578 § 1, 2023: Ord. 18595 § 1, 2017: Ord. 18226 §1, 2016: Ord. 17750 § 1, 2014: Ord.17416 § 4, 2012: Ord. 16724 § 1, 2009: Ord. 15082 § 1, 2005: Ord. 14214 § 8, 2001).
*Reviser’snote: Language added but not underlined in Ordinance 19578. See K.C.C.1.24.075.
9.14.100Responsibilities of groundwater protection committee. Any groundwaterprotection committee appointed by King County shall meet at least three times ayear to advise the King County executive and council on King County’sgroundwater protection program and shall advise elected officials from KingCounty, municipalities, special purpose districts, water and sewer utilitiesand associations and water purveyors on implementation of the certifiedgroundwater management plan for each committee’s groundwater management areaand shall also carry out the following tasks:
A.Perform tasks as assigned to the committee pursuant to the certifiedgroundwater management plan;
B.Review and make recommendations on King County’s annual groundwater protectionwork plan and the three-year work plan that identifies long-term needs forregional groundwater protection services;
C.Participate in and monitor implementation of the certified groundwatermanagement plan;
D.Develop and recommend modifications and updates to the certified groundwatermanagement plan, including addressing any unresolved issues in the certifiedgroundwater management plan;
E.Coordinate community groundwater protection activities in conjunction with thecounty, municipalities, special purpose districts, water and sewer utilitiesand associations and water purveyors, in particular public education, publicinvolvement and stewardship activities. The committee may work with otherlocal jurisdictions and community organizations in coordinating theseactivities;
F.Provide an annual status report on the following activities: implementation ofgroundwater protection services in King County; implementation of the certifiedgroundwater management plan, including groundwater protection activities ofcities, special purpose districts, sewer and water utilities and associations,and water purveyors within the groundwater management area; efforts to developinterlocal or other agreements relative to implementation of regionalgroundwater protection services; and trends in groundwater issues;
G.Make recommendations on the distribution and use of aquifer protection funds,as these funds become available;
H.Recommend amendments to the countywide planning policies that relate togroundwater protection;
I.Recommend groundwater protection services tailored to the unique needs of thegroundwater management area and policies; and
J.Provide advice on state groundwater regulation. (Ord. 14214 § 11,2001).
9.14.110Groundwater protection committee - appointment - vacancies.
A.Except as otherwise provided in this chapter, the executive shall make theinitial appointment for each representative to a groundwater protectioncommittee, subject to confirmation by the King County council by motion, withmembers serving staggered terms of not more than three years. The executiveshall appoint members from candidates recommended by the council member ormembers representing the council district or districts in which the groundwatermanagement planning area is located.
B.Except as otherwise provided in this chapter, the executive shall appoint anymember filling a vacancy on a groundwater protection committee, subject toconfirmation by the King County council by motion, in accordance with K.C.C.chapter 2.28.
C.The representatives for each city on the Redmond-Bear Creek groundwaterprotection committee shall be nominated and confirmed by the respective city.
D.The members of the Vashon-Maury Island groundwater protection committee whowere serving on that committee as of December 30, 2022, shall serve out theirterms for the position to which they were appointed and, in accordance withK.C.C. 2.28.003 until a successor is appointed for the position. In instanceswhere the membership positions in K.C.C. 9.14.070.B.3., 5., 6. and 7. have beenchanged by this ordinance, the existing members shall serve out their termsuntil a candidate is appointed. (Ord. 19578 § 2, 2023: Ord. 15082 § 5, 2005: Ord. 14214 § 12, 2001).
9.14.120Groundwater protection committee - operations.
A.The department of natural resources shall develop model bylaws governing theoperations of the committee, which shall be used as guidelines for thecommittee to adopt as bylaws. The committee shall adopt bylaws governing theoperations of the committee. Decisions of the committee shall be by consensuswhenever possible. Procedures for resolving lack of consensus shall beincluded in the bylaws. If consensus cannot be reached on a committee’s recommendation,opposing views may be included in the committee’s recommendations.
B.In coordination with the county, municipalities, special purpose districts,water and sewer utilities and associations, and water purveyors, the committeeshould solicit information and participation from experts and interestedparties as necessary. The committee may make use of subcommittees toaccomplish some tasks. Federal and state agencies may be asked to serve in atechnical capacity, as appropriate, on the subcommittees. Water purveyorsrelying on a groundwater source may be asked to contribute to technicalsubcommittees. (Ord. 14214 § 13, 2001).
9.14.130Public involvement and outreach - public information - open public meetings -notice. The committee and department of natural resources shall identifyindividuals, groups, agencies and elected officials with an interest ingroundwater protection. The committee and department of natural resourcesshall keep these interested parties informed of progress in implementation ofcertified groundwater management plans and King County’s groundwater protectionprogram. The committee’s meetings shall be open to the public. If thecommittee or the department of natural resources is aware of a party that hasan interest in a topic being considered by the committee, the party should beinvited to attend committee meetings when that item will be considered. (Ord.14214 § 14, 2001).
