City of Seattle

Stormwater, Grading andDrainage Control Code

ORDINANCE 116425Effective February 11, 1993

ORDINANCE 117432Effective January 19, 1995

ORDINANCE 117697Effective August 13, 1995

ORDINANCE 117789Effective October 1, 1995

ORDINANCE 119965Effective July 5, 2000

City of SeattleDepartment of Design, Construction and Land Use

R. F. Krochalis, DirectorPaul Schell, Mayor

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Chapter 22.800

TITLE, PURPOSE, SCOPEAND

AUTHORITY

22.800.010 TITLE

This subtitle, comprised of SMC Chapters22.800 through 22.808, shall be known as the“Stormwater, Grading and Drainage ControlCode,” and may be cited as such.

22.800.020 PURPOSE

A. The provisions of this subtitle shall beliberally construed to accomplish its remedialpurposes, which are:

1. Protect, to the greatest extent practicable,life, property and the environment fromloss, injury and damage by pollution,erosion, flooding, landslides, strongground motion, soil liquefaction,accelerated soil creep, settlement andsubsidence, and other potential hazards,whether from natural causes or fromhuman activity;

2. Protect the public interest in drainage andrelated functions of drainage basins,watercourses and shoreline areas;

3. Protect surface waters and receivingwaters from pollution, mechanicaldamage, excessive flows and otherconditions in their drainage basins whichwill increase the rate of downcutting,streambank erosion, and/or the degree ofturbidity, siltation and other forms ofpollution, or which will reduce their lowflows or low levels to levels whichdegrade the environment, reducerecharging of groundwater, or endangeraquatic and benthic life within thesesurface waters and receiving waters of theState;

4. Meet the requirements of state and federallaw and the City’s municipal stormwaterNPDES permit; and

5. Fulfill the responsibilities of the City astrustee of the environment for futuregenerations.

It is expressly the purpose of this subtitle toprovide for and promote the health, safetyand welfare of the general public. Thissubtitle is not intended to create or otherwiseestablish or designate any particular class orgroup of persons who will or should beespecially protected or benefited by its terms.

C. It is expressly acknowledged that waterquality degradation can result either directlyfrom one discharge or through the collectiveimpact of many small discharges. Therefore,the water quality protection measures in thissubtitle are necessary to protect the health,safety and welfare of the residents of Seattleand the integrity of natural resources for thebenefit of all and for the purposes of thissubtitle. Such water quality protectionmeasures are required under the federal CleanWater Act, 33 U.S.C. Section 1251, et seq.,and in response to the obligations of theCity's municipal stormwater dischargepermit, issued by the State of Washingtonunder the federal National PollutantDischarge Elimination System program.

22.800.030 SCOPE

This subtitle applies to:

A. All grading and drainage and erosion control,whether or not a permit is required; and

B. All new or replaced impervious surface andall land disturbing activities, whether or not apermit is required; and

C. All discharges directly or indirectly to apublic drainage control system; and

D. All new and existing land uses.

22.800.050 POTENTIALLY HAZARDOUSLOCATIONS

A. Any site on a list, register, or data basecompiled by the United States EnvironmentalProtection Agency (“EPA”) or theWashington State Department of Ecology(“DOE”) for investigation, clean up, or otheraction regarding contamination under any

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federal or state environmental law shall be apotentially hazardous location under thissubtitle. When EPA or DOE removes the sitefrom the list, register or data base, or whenthe owner otherwise establishescontamination does not pose a present orpotential threat to human health or theenvironment, the site will no longer beconsidered a potentially hazardous location.

B. The following property may also bedesignated by the Director of the Departmentof DCLU as potentially hazardous locations:

1. Existing and abandoned solid wastedisposal sites;

2. Hazardous waste treatment, storage, ordisposal facilities, all as defined by thefederal Solid Waste Disposal Act, 42U.S.C. 6901, et seq.

22.800.060 COMPLIANCE WITH OTHERLAWS

A. The requirements of this subtitle areminimum requirements. They do not replace,repeal, abrogate, supersede or affect anyother more stringent requirements, rules,regulations, covenants, standards, orrestrictions. Where this subtitle imposesrequirements which are more protective ofhuman health or the environment than thoseset forth elsewhere, the provisions of thissubtitle shall prevail.

B. Approvals and permits granted under thissubtitle are not waivers of the requirementsof any other laws, nor do they indicatecompliance with any other laws.Compliance is still required with allapplicable federal, state and local laws andregulations, including rules promulgatedunder authority of this subtitle.

C. Compliance with the provisions of thissubtitle and of regulations and manualsadopted by the City in relation to this subtitledoes not necessarily mitigate all impacts tothe environment. Thus, compliance with thissubtitle and related regulations and manualsshould not be construed as mitigating allstormwater impacts, and additional

mitigation may be required to protect theenvironment. The primary obligation forcompliance with this chapter, and forpreventing environmental harm on or fromproperty, is placed upon responsible partiesas defined by this subtitle.

22.800.070 CITY PROJECTS

A. Compliance.

1. City agencies shall comply with all therequirements of this subtitle except theyshall not be required to obtain permitsand approvals under this subtitle for workperformed within a public right-of-wayand for work performed for the operationand maintenance of park lands under thecontrol or jurisdiction of the Departmentof Parks and Recreation. Where the workoccurs in a public right-of-way, it shallcomply with Seattle Municipal CodeTitle 15, Street and Sidewalk Use,including the applicable requirements toobtain permits or approvals. Whereappropriate as set forth in Section22.804.040C of this Code, a soils reportand analysis by an experiencedgeotechnical engineer shall be preparedfor City projects.

2. A City agency project, as defined inSection 22.801.170, that is not required toobtain permit(s) and approval(s) persubsection A1 above, is not required tocomply with Sections 22.802.015 C4,22.802.016 B1, and 22.802.016 B2, if theproject begins land disturbing activities onor before July 1, 2002, and if the projectmeets one or more of the followingcriteria:

a. Project funding was appropriated asidentified in Ordinance 119750, titled,"An ordinance adopting a budget,including a capital improvementprogram and a position list, for the Cityof Seattle for fiscal year 2000," or

b. Project received or will receive voterapproval of financing before January 1,2001, or

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c. Project received or will receive fundsbased on grant application(s) submittedbefore January 1, 2001, or

d. Project conducted or will conduct landdisturbing activity before January 1,2001.

B. Inspection.

1. When the City conducts projects for whichreview and approval is required underSection 22.802.020 or 22.804.030, thework shall be inspected by the City agencyconducting the project or supervising thecontract for the project. The inspector forthe City agency shall be responsible forinsuring that the grading and drainagecontrol is done in a manner consistent withthe requirements of this subtitle.

2. Where a soils analysis and report has beenprepared as required under subsection A ofthis section, the grading shall also beinspected by the geotechnical engineerwho prepared the report.

3. A City agency need not provide aninspector from its own agency providedeither:

a. the work is inspected by an appropriateinspector from another City agency; or

b. the work is inspected by the licensedcivil or geotechnical engineer whoprepared the plans and specificationsfor the work; or

c. a permit or approval is obtained fromthe Director of DCLU, and the work isinspected by the Director.

C. Certification of Compliance. City agenciesshall meet the same standards as non-Cityprojects, and shall certify that each individualproject meets those standards.

22.800.080 AUTHORITY

A. 1. The Director of DCLU has authorityregarding the provisions of this subtitlepertaining to grading, review of drainagecontrol plans, and review of erosioncontrol plans, and has inspection andenforcement authority pertaining to

temporary erosion/sediment controlmeasures.

2. The Director of SPU has authorityregarding all other provisions of thissubtitle pertaining to stormwater, drainage,and erosion control, including inspectionand enforcement authority.

B. The Directors of DCLU and SPU areauthorized to take actions necessary toimplement the provisions and purposes ofthis subtitle in their respective spheres ofauthority, including, but not limited to, thefollowing: promulgating and amending rulesand regulations, pursuant to theAdministrative Code, Chapter 3.02 of theSeattle Municipal Code; establishing andconducting inspection programs; establishingand conducting or, as set forth inSection 22.802.012, requiring responsibleparties to conduct, monitoring programs,which may include sampling of discharges toor from drainage control facilities, the publicdrainage control system, or surface water;taking enforcement action; abating nuisances;promulgating guidance and policydocuments; and reviewing and approving ordisapproving required submittals andapplications for approvals and permits.

C. The Director of SPU is authorized to developdrainage basin plans for managing surfacewater, drainage water, and erosion withinindividual subbasins. A drainage basin planmay, when approved by the Director of SPU,be used to modify requirements of thissubtitle, provided the level of protection forhuman health, safety and welfare, theenvironment, and public or private propertywill equal or exceed that which wouldotherwise be achieved.

22.800.090 CITY NOT LIABLE

A. Nothing contained in this subtitle is intendedto be nor shall be construed to create or formthe basis for any liability on the part of theCity, or its officers, employees or agents forany injury or damage resulting from thefailure of responsible parties to comply withthe provisions of this subtitle, or by reason or

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in consequence of any inspection, notice,order, certificate, permission or approvalauthorized or issued or done in connectionwith the implementation or enforcement ofthis subtitle, or by reason of any action orinaction on the part of the City related in anymanner to the enforcement of this subtitle byits officers, employees or agents.

B. The Director or any employee charged withthe enforcement of this subtitle, acting ingood faith and without malice on behalf ofthe City, shall not be personally liable for anydamage that may accrue to persons orproperty as a result of any act required by theCity, or by reason of any act or omission inthe discharge of these duties. Any suitbrought against the Director of DCLU,Director of SPU or other employee becauseof an act or omission performed in theenforcement of any provisions of thissubtitle, shall be defended by the City.

C. Nothing in this subtitle shall impose anyliability on the City or any of its officers oremployees for clean up or any harm relatingto sites containing hazardous materials,wastes or contaminated soil.

Chapter 22.801DEFINITIONS

22.801.010 GENERAL

For the purpose of this subtitle, the words listedin this Chapter have the following meaningsunless the context clearly indicates otherwise.Terms relating to pollutants and to hazardouswastes, materials, and substances, where notdefined in this subtitle, shall be as defined inWashington Administrative Code Chapters 173-303, 173-304 and 173-340, the Seattle BuildingCode or the Seattle Fire Code, including futureamendments to those codes. Words used in thesingular include the plural, and words used inthe plural include the singular.

Effective July 5, 2000, all references in theSeattle Municipal Code Chapters 22.800through 22.808 to "Department of Constructionand Land Use," "Department of Design,

Construction and Land Use," "Director ofConstruction and Land Use," "Director ofDesign, Construction and Land Use," or "SeattlePublic Utilities" shall be deemed references to"DCLU," "DCLU," "Director of DCLU,""Director of DCLU" or "SPU," respectively.The City's Code Reviser is authorized to amendthe Seattle Municipal Code Chapters 22.802through 22.808 over time as he or she deemsappropriate in order to carry out these changes.

22.801.020 “A”

ABANDONED SOLID WASTE DISPOSALSITE means a site that is no longer in useand where solid waste was disposed with orwithout a permit.

AGENCY means any governmental entity or itssubdivision.

AGENCY WITH JURISDICTION meansthose agencies with statutory authority toapprove, condition or deny permits, such asthe United States Environmental ProtectionAgency, the Washington State Department ofEcology or the Seattle/King CountyDepartment of Public Health.

AMERICAN PETROLEUM INSTITUTE(API) OIL/WATER SEPARATOR: See

OIL/WATER SEPARATOR, AMERICANPETROLEUM INSTITUTE (API).

APPROVED means approved by either theDirector of Design, Construction and LandUse or the Director of Seattle Public Utilities.

AS-GRADED means the surface conditionexisting after completion of grading.

22.801.030 “B”

BACKFILLING means returning a site to itsoriginal or approved contours after earthmaterials were removed for constructionpurposes.

BASIN PLAN means a plan to manage thequality and quantity of stormwater in awatershed, including watershed action plans.

BENCH means a relatively level step excavatedinto earth material on which fill is to beplaced.

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BEST MANAGEMENT PRACTICE (BMP)means a physical, chemical, structural ormanagerial practice or device that prevents,reduces, or treats contamination of water orwhich prevents or reduces soil erosion.When the Directors develop rules and/ormanuals prescribing best managementpractices for particular purposes, whether ornot those rules and/or manuals are adopted byordinance, BMPs prescribed in the rulesand/or manuals shall be the BMPs requiredfor compliance with this subtitle.

1. NON-STRUCTURAL orOPERATIONAL BESTMANAGEMENT PRACTICES are thosepollution control strategies that requiremodified or additional behavioralpractices, such as sweeping a parking lot,or maintaining special equipment on site,such as spill response equipment.

2. STRUCTURAL: BESTMANAGEMENT PRACTICES are thosepollution control strategies that requirethe construction of a structure or otherphysical modification on the site.

BIOFILTRATION SWALE means a long,gently sloped, vegetated channel designedand maintained to treat stormwater runoffthrough sedimentation, adsorption, andbiological uptake. Grass is the most commonvegetation, but wetland vegetation can beused if the soil is saturated.

BUILDING PERMIT means a documentissued by The City of Seattle Department ofDesign, Construction and Land Use givingpermission for construction or other specifiedactivity in accordance with the SeattleBuilding Code (Chapter 22.100 SMC).

22.801.040 “C”

CAUSE OR CONTRIBUTE TO AVIOLATION means and includes acts oromissions that create a violation, thatincrease the duration, extent or severity of aviolation, and that aid or abet a violation.

CIVIL ENGINEER, LICENSED means aperson who is a licensed by the State ofWashington to practice civil engineering.

COALESCING PLATE OIL/WATERSEPARATOR means a multi-chamberedvault, containing a set of parallel, corrugatedplates that are stacked and bundled togetherin the center of the vault. Coalescing plateseparators are designed to remove dispersedoil and floating debris as well as incontaining spills.

COMBINED SEWER - see PUBLICCOMBINED SEWER.

COMPACTION means the densification of afill by mechanical means.

CONTAINMENT AREA means the areadesignated for conducting high-risk pollutiongenerating activities for the purposes ofimplementing operational source controls ordesigning and installing structural sourcecontrols or treatment facilities.

CONTAMINATE means the addition ofsediment, any other pollutant or waste, or anyillicit discharge.

CUT means the changing of a grade byexcavation.

22.801.050 “D”

DCLU means the Department of Design,Construction and Land Use.

DAMAGES means monetary compensation forharm, loss, costs, or expenses incurred by theCity, including, but not limited to, thefollowing: costs of abating violations of thissubtitle or public nuisances; fines or penaltiesthe City incurs as a result of a violation ofthis subtitle; and costs to repair or clean thepublic drainage control system as a result of aviolation. For the purposes of this subtitle, itdoes not include compensation to any personother than the City.

DESIGN STORM means a rainfall event usedin the analysis and design of drainagefacilities.

DESIGNATED RECEIVING WATERSmeans the Duwamish River, Puget Sound,

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Lake Washington, Lake Union, and the LakeWashington Ship Canal, and other receivingwaters designated by the Director of SPU ashaving the capacity to receive drainagedischarges.

DETENTION means temporary storage ofdrainage water for the purpose of controllingthe drainage discharge rate.

DETENTION SYSTEM means a facilitydesigned to control the discharge rate ofstormwater runoff from a site by detainingflows in a tank or vault.

DEVELOPMENT means land disturbingactivity or the addition or replacement ofimpervious surface.

DEVELOPMENTAL COVERAGE means allareas within a site planned for land disturbingactivity or new or replaced impervioussurface.

DIRECTOR means the Director of theDepartment authorized to take a particularaction, and the Director’s designees, whomay be employees of that department oranother City department.

DIRECTOR OF DESIGN,CONSTRUCTION AND LAND USEmeans the Director of the Department ofDesign, Construction and Land Use of TheCity of Seattle and/or the designee of theDirector of Department of Design,Construction and Land Use, who may beemployees of that department or another Citydepartment.

DIRECTOR OF SEATTLE PUBLICUTILITIES means the Director of SeattlePublic Utilities of The City of Seattle and/orthe designee of the Director of Seattle PublicUtilities, who may be employees of thatdepartment or another City department.

DISCHARGE POINT means the location towhich drainage water from a specific site isreleased.

DISCHARGE RATE means the rate at whichdrainage water is released from a specificsite. The discharge rate is expressed as

volume per unit of time, such as cubic feetper second.

DRAINAGE BASIN means the tributary areathrough which drainage water is collected,regulated, transported, and discharged toreceiving waters.

DRAINAGE CONTROL means themanagement of drainage water. Drainagecontrol is accomplished through thecollection, conveyance, and discharge ofdrainage water, controlling the rate ofdischarge from a site, or separating, treatingor preventing the introduction of pollutants.

DRAINAGE CONTROL FACILITY meansany facility, including best managementpractices, installed or constructed for thepurpose of controlling the flow, quantity,and/or quality of drainage water.

DRAINAGE CONTROL PLAN means a planfor collecting, controlling, transporting anddisposing of drainage water falling upon,entering, flowing within, and exiting the site,including designs for drainage controlfacilities.

DRAINAGE CONTROL SYSTEM means asystem intended to collect, convey andcontrol release of only drainage water. Thesystem may serve public or private property.It includes constructed and/or naturalcomponents such as ditches, culverts, streamsand drainage control facilities.

DRAINAGE WATER means stormwater,snow melt, surface water, surface andirrigation runoff, water from footing drainsand other drains approved by the Director ofSPU or installed in compliance with thissubtitle and rules which may be adoptedhereunder. Other water which is not an illicitdischarge as defined in Section 22.802.012Cshall be considered drainage water if it drainsfrom the exterior of a building or structure, apervious or impervious surface, orundeveloped land, or by surface or shallowsubsurface flow.

DREDGING means the excavation of earthmaterials from land covered by water. The

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term includes dredging that maintains anestablished water depth.

22.801.060 “E”

EARTH MATERIAL means any rock, gravel,natural soil or resedimented soil, or anycombination thereof, and does not includeany solid waste as defined by RCW Chapter70.95.

ENVIRONMENTALLY CRITICAL AREAmeans an area designated in Chapter 25.09 ofthe Seattle Municipal Code.

EROSION means the wearing away of theground surface as a result of mass wasting orof the movement of wind, water and/or ice.

EXCAVATION means the mechanical removalof earth material.

EXISTING GRADE means the natural surfacecontour of a site, including minoradjustments to the surface of the site inpreparation for construction.

EXPLORATORY EXCAVATION meansborings, or small pits, hand-dug or excavatedby mechanical equipment. Exploratoryexcavation does not include preloading of thesite.

22.801.070 “F”

FILL means material deposited, placed, pushed,pulled or transported to a place other than theplace from which it originated.

FILTER STRIP means a gently slopingvegetated area that is designed andmaintained to treat, through sedimentation,adsorption and biological uptake, stormwaterrunoff from overland sheet flow fromadjacent paved areas before it concentratesinto a discrete channel.

FINISHED GRADE means the grade uponcompletion of the fill or excavation.

FLOW CONTROL means controlling thedischarge rate of stormwater runoff from thesite through means such as infiltration ordetention.

FLOW CONTROL FACILITY means amethod, such as pursuant to this subtitle or

associated rules, for controlling the dischargerate of stormwater runoff from a site.

22.801.080 “G”

GARBAGE means putrescible waste.

GEOTECHNICAL ENGINEER,EXPERIENCED orGEOTECHNICAL/CIVIL ENGINEER,EXPERIENCED means a professional civilengineer licensed by the State of Washingtonwho has at least four years of professionalexperience as a geotechnical engineer,including experience with landslideevaluation.

GRADE means the ground surface contour (seealso EXISTING GRADE and FINISHEDGRADE).

GRADING means excavation, fill, in-placeground modification, or any combinationthereof, including the establishment of agrade following demolition of a structure.

GRADING APPROVAL means an approvedcomponent of a building permit relating tograding, as required by this subtitle.

22.801.090 "H."

HIGH-RISK POLLUTION GENERATINGACTIVITIES are the following:

1. Fueling operations that involvetransferring fuel into mobile vehicles orequipment at permanent stations,temporary stations, and mobile fuelingstations. Permanent stations includefacilities, such as, but not limited to,commercial gas stations, maintenanceyards, and private fleet fueling stations,where fuel is transferred from a dedicatedfueling station. Temporary fueling stationsinclude, but are not limited to,construction sites and any other site wherefuel is temporarily stored and dispensedinto vehicles or equipment. Mobile fuelingstations are fueling operations where fuelis delivered to vehicles and equipment viamobile tank trucks.

2. Vehicle, equipment or building washing orcleaning, including any of the following:

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mobile vehicle steam cleaning operationsor vehicle washing at commercial carwash facilities, charity car washes, orpermanent parking lots such as new, used,and rental car lots and fleet lots; outsidewashing of tools or other manufacturingequipment; outside cleaning ofcommercial cooking equipment such asfilters and grills; or washing of buildings,including exteriors or mobile interiorbuilding cleaning services.

3. Truck or rail loading or unloading ofliquid or solid materials that involvestransferring non-containerized bulk liquidsfrom truck or rail, or loading/unloadingmaterials at a commercial or industrialloading dock.

4. Liquid storage in stationary above groundtanks, including storing liquid chemicals,fertilizers, pesticides, solvents, grease, orpetroleum products in stationary aboveground tanks.

5. Outside portable container storage ofliquids, food wastes, or dangerous wastesincluding storing any of the following:vegetable grease, animal grease, or otheraccumulated food wastes; used oil; liquidfeedstock; cleaning compounds;chemicals; solid waste as defined by SMC21.36; or dangerous waste.

6. Outside storage of non-containerizedmaterials, by-products, or finishedproducts, including outside storage of anyof the following: non-liquid pesticides orfertilizers; contaminated soil; foodproducts or food wastes; metals; buildingmaterials, including, but not limited to,lumber, roofing material, insulation,piping, and concrete products; or erodiblematerials, including, but not limited to,sand, gravel, road salt, topsoil, compost,excavated soil, and wood chips.

7. Outside manufacturing activity includingany of the following: processing;fabrication; repair or maintenance ofvehicles, products or equipment; mixing;milling; refining; or sand blasting, coating,

painting, or finishing of vehicles,products, or equipment.

8. Landscape construction or maintenance,including any of the following: landdisturbing activities as described in SMC22.801.130; fertilizer or pesticideapplication near public drainage controlsystem; and disposal of yard waste near apublic drainage control system or ripariancorridor.

HIGH-USE means any project planned togenerate or accommodate any of thefollowing:

1. Expected average daily traffic (ADT)count equal to or greater than 100 vehiclesper 1,000 square feet of gross buildingarea. In addition, the following is high-useunless the responsible party demonstratesto the satisfaction of the Director ofDCLU or of the Director of SPU that theproject will generate less than 100 vehiclesper 1,000 square feet of gross buildingarea: uncovered parking lot accessory toany fast-food restaurant, conveniencemarket, supermarket, shopping center,discount store, movie theater, athletic club,or bank.

2. Petroleum storage or transfer in excess of1,500 gallons per year, not includingdelivered heating oil.

3. Storage, or maintenance of a fleet of 25 ormore diesel vehicles that are over 10 tonsnet weight (including, but not limited to,trucks, buses, trains, heavy equipment).

4. Road intersections with a measured ADTcount of 25,000 vehicles or more on themain roadway and 15,000 or more on anyintersecting roadway, excluding projectsproposing primarily pedestrian or bicycleuse improvements.

22.801.100 “I”

ILLICIT DISCHARGE means the dischargesdefined by Section 22.802.012.

IMPERVIOUS SURFACE means any surfaceexposed to rainwater from which most waterruns off including, but not limited to, paving,

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packed earth material, oiled macadam orother treated surfaces, and roof surfaces,patios, and formal planters.

IMPERVIOUS SURFACE, REPLACED -See REPLACED OR REPLACEMENT OFIMPERVIOUS SURFACE.

INFILTRATION FACILITY means adrainage facility that temporarily stores, andthen percolates stormwater runoff into theunderlying soil. Examples include, but arenot limited to, infiltration trenches, ponds,vaults, and tanks.

IN-PLACE GROUND MODIFICATIONmeans activity occurring at or below thesurface which is designed to alter theengineering parameters and physicalcharacteristics of soil or rock, including, butnot limited to, in-situ consolidation,solidification, void space reduction andinfilling.

INSPECTOR means the City inspector,inspection agency, or licensed civil engineerperforming the inspection work required bythis subtitle.

22.801.130 “L”

LAND-DISTURBING ACTIVITY means anyactivity that results in a movement of earth,or a change in the existing soil cover (bothvegetative and nonvegetative) or the existingtopography. Land-disturbing activitiesinclude, but are not limited to, clearing,grading, filling, excavation or addition orreplacement of impervious surface.

LARGE PROJECT means a projectincluding 5,000 square feet or more of new orreplaced impervious surface or 1 acre or moreof land disturbing activity.

22.801.140 “M”

MASTER USE PERMIT means a documentissued by DCLU giving permission fordevelopment or use of land or street right-of-way in accordance with the Land Use Code(Title 23, Seattle Municipal Code).

MEDIA FILTER means a stormwatertreatment system that utilizes a filtration

medium such as sand or leaf compost toremove pollutants via physical filtration andchemical adsorption or precipitation. Filtersmay be constructed underground in a vault orabove ground in a pond. In both systems,stormwater that has passed through the filtermedia is collected in an underground pipeand discharged to the nearby drainagesystem.

MUNICIPAL STORMWATER NPDESPERMIT means the permit issued to the Cityunder the federal Clean Water Act for publicdrainage control systems within the Citylimits.

22.801.150 “N”

NPDES means National Pollutant DischargeElimination System, the national program forcontrolling discharges under the federalClean Water Act.

NPDES PERMIT means an authorization,license or equivalent control document issuedby the United States EnvironmentalProtection Agency or the Washington StateDepartment of Ecology to implement therequirements of the NPDES program.

NONDESIGNATED RECEIVING WATERSmeans all creeks, streams and lakes in TheCity of Seattle not designated as receivingwaters, including Green Lake, Haller Lake,and Bitter Lake and all the creeks andstreams.

22.801.160 “O”

OIL/WATER SEPARATOR means astructure, usually underground, that isdesigned to provide quiescent flowconditions so that globules of free oil or otherfloatable materials that may be present instormwater can float to the water surface andbecome trapped in the structure.

OIL/WATER SEPARATOR, AMERICANPETROLEUM INSTITUTE (API) means avault that has multiple chambers separated bybaffles and weirs to trap oil in the vault. APIoil/water separators are designed to remove

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dispersed oil and floating debris and incontaining spills.

OIL/WATER SEPARATOR, COALESCINGPLATE. See COALESCING PLATEOIL/WATER SEPARATOR.

OWNER means any person having title toand/or responsibility for, a building orproperty, including a lessee, guardian,receiver or trustee, and the owner’s dulyauthorized agent.

22.801.170 “P”

PERSON means an individual, firm,partnership, corporation, municipalcorporation, and government, and theindividual’s or entity’s heirs, successors andassigns.

PLAN means, for the purposes of this subtitle,and unless a different meaning is set forth orclearly required, a graphic or schematicrepresentation, with accompanying notes,schedules, specifications and other relateddocuments.

PLOT PLAN means a scaled map of a site andadjacent public rights-of-way showinglocations and dimensions of various existingand proposed features, such as buildings,curbs, driveways, sidewalks, trees, gradesand drainage patterns.

PRELOADING means the temporarystockpiling of earth material over a site forthe purpose of consolidating the existingsoils.

PROJECT means the addition or replacementof impervious surface or the undertaking ofland disturbing activity on a site.

PUBLIC COMBINED SEWER means apublicly owned and maintained sewagesystem which carries drainage water andsewage and flows to a publicly ownedtreatment works.

PUBLIC DRAINAGE CONTROL SYSTEMmeans a drainage control system owned orused by The City of Seattle serving Citystreets and adjacent property.

PUBLIC PLACE means and includes streets,avenues, ways, boulevards, drives, places,alleys, sidewalks, and planting (parking)strips, squares, triangles and right-of-way forpublic use and the space above or beneath itssurface, whether or not opened or improved.

PUBLIC STORM DRAIN means the part of apublic drainage control system which iswholly or partially piped, is owned oroperated by a public entity, and is designed tocarry only drainage water.

22.801.190 “R”

RECEIVING WATERS means the watersultimately receiving drainage water,including the Duwamish River, PugetSound, Lake Washington, Lake Union,and the Lake Washington Ship Canal,including associated bays, but notincluding tributary streams, creeks andlakes. See also DESIGNATEDRECEIVING WATERS andNONDESIGNATED RECEIVINGWATERS.

REPLACED IMPERVIOUS SURFACE orREPLACEMENT OF IMPERVIOUSSURFACE means impervious surface that isremoved down to earth material and a newimpervious surface is installed.

RESPONSIBLE PARTY means all of thefollowing persons:

1. owners and occupants of property withinThe City of Seattle; and,

2. any person causing or contributing to aviolation of the provisions of this subtitle.

22.801.200 “S”

SPU means Seattle Public Utilities.

SAND FILTER means a depression or basinwith the bottom made of a layer of sanddesigned and maintained to filter pollutants.Stormwater is treated as it percolates throughthe sand layer.

SANITARY SEWER is as defined in the SideSewer Ordinance, Seattle Municipal CodeSection 21.16.030.

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SERVE or SERVICE, when used regarding adocument, means the procedures set forth inSection 22.808.030.

SERVICE DRAIN means a privately ownedand maintained drainage control facility orsystem which carries only drainage water.Service drains include, but are not limited to,conveyance pipes, catch basin connections,downspout connections, pipes, andsubsurface drain connections.

SHORELINE DISTRICT means all landregulated by the Shorelines Management Actof 1971 (RCW Chapter 90.58) or CityOrdinances implementing it, as defined in theLand Use Code, Title 23 of the SeattleMunicipal Code.

SIDE SEWER is as defined in the Side SewerOrdinance, Seattle Municipal CodeSection 21.16.030.

SITE means the lot or parcel, or portion ofstreet, highway or other public right-of-way,or contiguous combination thereof, where apermit for the addition or replacement ofimpervious surface or the undertaking of landdisturbing activity has been issued or whereany such work is proposed or performed. Fordevelopment limited to a public street, eachsegment from mid-intersection to mid-intersection shall be considered a separatesite.

SLOPE means an inclined ground surface. Inthis subtitle, the inclination of a slope isexpressed as a ratio of horizontal distance tovertical distance.

SMALL PROJECT means a project with:

1. less than 5,000 square feet of new andreplaced impervious surface; and

2. less than 1 acre of land disturbingactivities.

SOIL means naturally deposited non-rock earthmaterials.

SOLID WASTE means solid waste as definedby SMC Section 21.36.016.

SOURCE CONTROLS mean structures oroperations that prevent contaminants fromcoming in contact with stormwater through

physical separation or careful management ofactivities that are known sources of pollution.

1. OPERATIONAL SOURCE CONTROLSare those which require modified oradditional behavioral practices, such assweeping a parking lot, or maintainingspecial equipment on site, such as spillresponse equipment.

2. STRUCTURAL SOURCE CONTROLSare those which require the construction ofa structure or other physical modificationon the site.

STANDARD DESIGN is a design pre-approved by Seattle Public Utilities fordrainage and erosion control available for useby a site with pre-defined characteristics.

STORM DRAIN - see PUBLIC STORMDRAIN and SERVICE DRAIN.

STORMWATER means water originating fromrainfall and other precipitation, and fromfooting drains and other subsurface drainsapproved by the Director of SPU or installedin compliance with rules which may beadopted hereunder.

22.801.210 “T”

TERRACE means a relatively level stepconstructed in the face of a graded slopesurface for drainage and maintenancepurposes.

TOPSOIL means the weathered surface soil,usually including the organic layer, in whichplants have most of their roots.

TREATMENT FACILITY means a method,such as pursuant to this subtitle andassociated rules, designed to removepollutants from stormwater runoff.

22.801.220 “U”

UNCONTAMINATED means, for thepurposes of this subtitle, not containingsediment or other pollutants or contaminantsabove natural background levels whenreferring to surface or groundwater; and notcontaining pollutants or contaminants in

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levels greater than City-supplied drinkingwater when referring to potable water.

22.801.240 “W”

WATERCOURSE means the route,constructed or formed by humans or bynatural processes, generally consisting of achannel with bed, banks or sides, in whichsurface waters flow. Watercourse includessmall lakes, bogs, streams, creeks, andintermittent artificial components (includingditches and culverts) but does not includereceiving waters.

WETPOOL means a permanent pool of waterthat is contained in the bottom of a wet pondor wet vault stormwater treatment facility.Water in the wetpool is normally lost onlythrough evaporation, evapotranspiration, orslow infiltration into the ground. Thewetpool, also referred to as dead storage, isdesigned to reduce the velocity of incomingstormwater flows, encouraging particulatesand particulate-bound pollutants to settle inwet ponds and wet vaults.

WETPOND and WETVAULT meanstormwater treatment facilities that contain apermanent pool of water (wetpool). They aredesigned to settle out particles of finesediment, and allow biologic activity to occurto metabolize nutrients and organicpollutants, by providing a long retention time.Wetvaults are covered by a lid.

Chapter 22.802

STORMWATER, DRAINAGE,AND EROSION CONTROL

22.802.010 SCOPE AND EXEMPTIONSFROM SUBTITLE

A. General. All discharges subject to thissubtitle as set forth in Section 22.800.030, allland uses, additions and replacement ofimpervious surface, land disturbing activity,and grading shall comply with allrequirements of this subtitle unless explicitly

exempted by this subtitle or by the Directorexercising authority granted under thissubtitle.

B. Exemptions. The following land uses areexempt from the provisions of this subtitle.

1. Commercial agriculture, including onlythose activities conducted on lands definedin RCW 84.34.020(2), and production ofcrops or livestock for wholesale trade.

2. Forest practices regulated under Title 222Washington Administrative Code, exceptfor Class IV general forest practices, asdefined in WAC 222-16-050, that areconversions from timber land to otheruses; and

3. Development undertaken by theWashington State Department ofTransportation in state highway right-of-way that complies with standards found inChapter 173-270 WashingtonAdministrative Code, the Puget SoundHighway Runoff Program.

22.802.012 PROHIBITED DISCHARGES

A. Stormwater Discharges to Sanitary andCombined Sewers. In consultation with thelocal sewage treatment agency, the Directorof SPU may approve discharges ofstormwater to a public combined sewer orsanitary sewer if other methods of controllingpollutants in the discharge are not adequateor reasonable, the discharging party certifiesthat the discharge will not harm theenvironment and will not overburden orotherwise harm the public combined sewer orsanitary sewer systems. The Director of SPUshall condition approval of such a dischargeon compliance with local pretreatmentregulations.

B. Discharges Prohibited to Public DrainageControl Systems. It is unlawful to makeillicit discharges, as defined in subsection Cbelow, either directly or indirectly to a publicdrainage control system.

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C. Illicit Discharges Defined.

1. Except as provided in subsection D below,all discharges which are not composedentirely of stormwater are illicitdischarges. See Section 22.808.020 fordefenses available to responsible parties.

2. The following is a partial list, provided forinformational purposes only, of commonsubstances which are illicit dischargeswhen allowed to enter a public drainagecontrol system:

Solid waste; human and animal waste;antifreeze, oil, gasoline, grease and allother automotive and petroleum products;flammable or explosive materials; metalsin excess of naturally occurring amounts,whether in liquid or solid form; chemicalsnot normally found in uncontaminatedwater; solvents and degreasers; paintingproducts; drain cleaners; commercial andhousehold cleaning materials; pesticides;herbicides; fertilizers; acids; alkalis; ink;steam-cleaning waste; laundry waste;soap; detergent; ammonia; chlorine;chlorinated swimming pool or hot tubwater; domestic or sanitary sewage;animal carcasses; food and food waste;yard waste; dirt; sand; and gravel.

D. Permissible Discharges. Discharges fromthe sources listed below shall only be illicitdischarges if the Director of SPU determinesthat the type of discharge, whether singly orin combination with others, is causing orcontributing to a violation of the City’sNPDES stormwater permit or is causing orcontributing to a water quality problem, suchas those which contain more contaminationthan typical discharges in the City, or whichcontain a type of contamination that is moretoxic or is otherwise a more serious problemthan typical discharges in the City:

Potable water sources; washing of potablewater storage reservoirs; flushing of potablewater lines; natural uncontaminated surfacewater; natural uncontaminated groundwater;air conditioning condensation; naturalsprings; uncontaminated water from crawl

space pumps; runoff from lawn watering;irrigation runoff; runoff from residential carwashing by individuals; flows from riparianhabitats and wetlands; heat; discharges incompliance with an NPDES permit; anddischarges from approved footing drains andother subsurface drains or, where approval isnot required, installed in compliance with thissubtitle and rules promulgated pursuant tothis subtitle.

E. Exemption. Discharges resulting frompublic firefighting activities, but not fromactivities not related to firefighting such asthe maintenance or cleaning of firefightingequipment, are exempt from regulation underthis Section.

F. Testing for Illicit Discharges. When theDirector of SPU has reason to believe thatany discharge is an illicit discharge, theDirector of SPU may sample and analyze thedischarge and recover the costs from aresponsible party in an enforcementproceeding. When the discharge is likely tocontain illicit discharges on a recurring basis,the Director of SPU may conduct, or mayrequire the responsible party to conduct,ongoing monitoring at the responsible party’sexpense.

22.802.013 REQUIREMENTS FOR ALLDISCHARGES AND LAND USES

A. For all discharges except those that drainonly to the public combined sewer,responsible parties shall implement andmaintain operational source controls,including, but not limited to, the following, asfurther described in rules promulgated by theDirector:

1. Maintaining drainage control systems suchas conveyance systems, detention systemsand treatment systems;

2. Maintaining streets, driveways, parkinglots and sidewalks; and

3. Identifying and eliminating illicitconnections to the drainage controlsystem.

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B. For high-risk pollution generating activitiesexcept those that discharge only to the publiccombined sewer:

1. Operational source controls shall beimplemented for the high-risk pollutiongenerating activities as specified in rulespromulgated jointly by the Directors ofSPU and DCLU. Operational sourcecontrols for high-risk pollution generatingactivities shall include, but are not limitedto, enclosing, covering, or containing theactivity, developing and implementinginspection and maintenance programs,sweeping, and training employees onpollution prevention.

2. Spill prevention shall be required. Partiesresponsible for undertaking, operating, ormaintaining the high-risk pollutiongenerating activities are required to do thefollowing, as further defined in rulespromulgated by the Director:

a. Develop and implement plans andprocedures to prevent spills and otheraccidental releases of materials thatmay contaminate stormwater. Thisrequirement may be satisfied by aStormwater Pollution Prevention Planprepared in compliance with an NPDESindustrial stormwater permit for thesite;

b. Implement procedures for immediatecontainment and other appropriateaction regarding spills and otheraccidental releases to preventcontamination of stormwater; and

c. Provide necessary containment andresponse equipment on-site, andtraining of personnel regarding theprocedures and equipment to be used.

3. The responsible parties are required tomake plans, procedures, and schedulesrequired by this subsection available to theDirector of SPU when requested.

C. If the Director of SPU determines thatdischarges from a drainage control facilityare causing or contributing to a water qualityproblem, such as, but not limited to,

discharges that violate the City's municipalstormwater NPDES permit or that cannot beadequately addressed by the requiredoperational or structural best managementpractices, then the Director of SPU mayrequire the responsible party to undertakemore stringent or additional best managementpractices. These best management practicesmay include operational or structural bestmanagement practices or other actionnecessary to cease causing or contributing tothe water quality problem or violation of theCity's permit. Structural best managementpractices may include but shall not be limitedto drainage control facilities, structural sourcecontrols, treatment facilities, constructedfacilities such as enclosures, covering and/orberming of container storage areas, andrevised drainage systems. For existingdischarges as opposed to new projects, theDirectors of SPU and DCLU shall allowtwelve (12) months to install a new flowcontrol facility, structural source control ortreatment facility after a Director determinespursuant to this subsection that dischargesfrom a site are causing or contributing to awater quality problem and notifies theresponsible party in writing of thatdetermination and of the flow control facility,structural source control or treatment facilitythat must be installed.

D. Release reporting requirements. Aresponsible party is required to, at the earliestpossible time, but in any case within 24 hoursof discovery, report to the Director of SPU, aspill, release, dumping, or other situation thathas contributed or is likely to contributepollutants to a public drainage controlsystem. This reporting requirement is inaddition to, and not instead of, any otherreporting requirements under federal, state orlocal laws.

E. Natural drainage patterns. Natural drainagepatterns shall be maintained.

F. Obstruction of watercourses. Watercoursesshall not be obstructed.

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22.802.015 DRAINAGE, EROSIONCONTROL, AND SOURCECONTROL REQUIREMENTS FORALL LAND DISTURBINGACTIVITIES OR ADDITION ORREPLACEMENT OF IMPERVIOUSSURFACE

A. Compliance required. All land disturbingactivities or addition or replacement ofimpervious surface are required to complywith this section, even where drainagecontrol review is not required. Exception:Maintenance, repair, or installation ofunderground or overhead utility facilities,such as, but not limited to, pipes, conduitsand vaults, is not required to comply with theprovisions of this section exceptsubsection C3 below.

B. Approval of exceptions required.Exceptions to the requirements of this subtitlemay not be used on any projects, includingthose that do not require drainage controlreview, unless allowed by this subtitle, byrule promulgated jointly by the Director ofSPU and the Director of DCLU, or approvedby the Director of DCLU. Approval shall beobtained prior to initiating land disturbingactivities or adding or replacing impervioussurface. Approvals are required forexceptions to any and all requirements of thissubtitle, including, but not limited to, therequirement that natural drainage patterns bemaintained and the requirement thatwatercourses not be obstructed.

C. Requirements for all projects.

1. Discharge Point. The discharge point fordrainage water from each site shall beselected as set forth in rules promulgatedjointly by the Directors of SPU and DCLUspecifying criteria, guidelines, and standardsfor determining drainage discharge points tomeet the purposes of this subtitle. The criteriashall include, but not be limited to,preservation of natural drainage patterns andwhether the capacity of the drainage controlsystem is adequate for the additional volume.For those projects meeting the drainagereview threshold, the proposed discharge

point shall be identified in the drainagecontrol plan required by Section 22.802.020,for review and approval or disapproval by theDirector of DCLU.

2. Flow control. The peak drainage waterdischarge rate from the portion of the sitebeing developed shall not exceed 0.2 cubicfeet per second per acre under 25-year, 24-hour design storm conditions or 0.15 cubicfeet per second per acre under 2-year, 24-hour design storm conditions unless the sitedischarges water directly to a designatedreceiving water or to a public storm drainwhich the Director of SPU determines hassufficient capacity to carry existing andanticipated loads from the point ofconnection to a designated receiving waterbody. Projects with more than 2,000 squarefeet of new and replaced impervious surfaceshall be required to install and maintain aflow control facility, in accordance with rulespromulgated by the Director, that is sized forthe volume of runoff routed through thefacility. Approved exceptions and flowcontrol methods may be prescribed in rulespromulgated by the Director.

3. Construction stormwater control. During landdisturbing activities or addition orreplacement of impervious surface,temporary and permanent constructioncontrols shall be used to accomplish thefollowing (a-g). Rules promulgated jointly bythe Directors of SPU and DCLU specify theminimum required controls as well asadditional controls that may be required bythe Director of DCLU when minimumcontrols are not sufficient to prevent erosionor transport of sediment or other pollutantsfrom the site.

a. Prevent on-site erosion by stabilizingall soils, including stock piles, that aretemporarily exposed. Methods such as,but not limited to, the installation ofseeding, mulching, matting, andcovering may be specified by rulespromulgated by the Director. FromOctober 1 to April 30, no soils shallremain unstabilized for more than two

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days. From May 1 to September 30, nosoils shall remain unstabilized for morethan seven days.

b. Before the completion of the project,permanently stabilize all exposed soilsthat have been disturbed duringconstruction. Methods such aspermanent seeding, planting, andsodding may be specified by rulespromulgated by the Director.

c. Prevent the transport of sediment fromthe site. Appropriate use of methodssuch as, but not limited to, vegetatedbuffer strips, stormdrain inletprotection, silt fences, sediment traps,settling ponds, and protective bermsmay be specified in rules promulgatedby the Director.

d. During construction, prevent theintroduction of pollutants in addition tosediment into stormwater. Appropriatemethods, as prescribed in rulespromulgated by the Director, includeoperational source controls such as, butnot limited to, spill control for fuelingoperations, equipment washing,cleaning of catch basins, treatment ofcontaminated soils, and proper storageand disposal of hazardous materials.

e. Limit construction vehicle access,whenever possible, to one route.Stabilize access points as specified inrules promulgated by the Director tominimize the tracking of sediment ontopublic roads.

f. Inspect and maintain required erosionand sediment controls as prescribed inrules promulgated by the Director toensure continued performance of theirintended function.

g. Prevent sediment from entering allstorm drains, including ditches, whichreceive runoff from the disturbed area.

4. Source control.

a. Effective January 1, 2001, structuralsource controls shall be installed for

high-risk pollution generating activitiesto the maximum extent practicable tothe portion of the site being developed,in accordance with rules promulgatedby the Director, except in the followingcircumstances:

i. When that portion of the site beingdeveloped discharges only to thepublic combined sewer; or

ii. For normal residential activitiesunless the Director determines thatthese activities pose a hazard topublic health, safety or welfare;endanger any property; or adverselyaffect the safety and operation ofcity right-of-way, utilities, or otherproperty owned or maintained bythe City.

b. The structural source controls shallinclude, but not be limited to, thefollowing, as further defined in rulespromulgated jointly by the Directors:

i. Enclose, cover, or contain within aberm or dike the high-risk pollutiongenerating activities;

ii. Direct drainage from containmentarea of high-risk pollutiongenerating activity to a closed sumpor tank for settling and appropriatedisposal, or treat prior todischarging to a public drainagecontrol system;

iii. Pave, treat, or cover thecontainment area of high-riskpollution generating activities withmaterials that will not interact withor break down in the presence ofother materials used in conjunctionwith the pollution generatingactivity; and

iv. Prevent precipitation from flowingor being blown onto containmentareas of high-risk pollutiongenerating activities.

5. Flood-prone areas. On sites within floodprone areas, responsible parties are

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required to employ procedures tominimize the potential for flooding on thesite and for the project to increase the riskof floods on adjacent or nearby properties.Flood control measures shall include thoseset forth in other titles of the SeattleMunicipal Code and rules promulgatedthereunder, including, but not limited to,SMC Chapter 25.06 (FloodplainDevelopment) and Chapter 25.09(Environmentally Critical Areas), and inrules promulgated jointly by the Directorsof SPU and DCLU to meet the purposes ofthis subtitle.

6. Natural drainage patterns. Naturaldrainage patterns must be maintained.

7. Obstruction of watercourses. Watercoursesshall not be obstructed.

8. Water Quality Sensitive Areas. TheDirector of SPU may impose additionalrequirements for areas determined to bewater quality sensitive areas.

D. The Director of DCLU may require sites withaddition or replacement of 5,000 square feetor less of impervious surface and with lessthan one acre of land disturbing activity tocomply with the requirements set forth in22.802.016, in addition to the requirementsset forth in this Section, when necessary toaccomplish the purposes of this subtitle. Inmaking this determination, the Director ofDCLU may consider, but not be limited to,the following attributes of the site: locationwithin an Environmentally Critical Area;proximity and tributary to anEnvironmentally Critical Area; proximity andtributary to an area with known erosion orflooding problems.

22.802.016 ADDITIONAL REQUIREMENTSFOR LARGE PROJECTS

A. Applicability. One acre or more of landdisturbing activity or addition or replacementof 5,000 square feet or more of impervioussurface shall comply with the requirementsset forth in this section, in addition to theother applicable requirements of this subtitle.

Exception: Maintenance, repair, orinstallation of underground or overheadutility facilities, such as, but not limited to,pipes, conduits and vaults, is not required tocomply with the provisions of this sectionexcept subsection B7.

B. Requirements

1. Flow Control. Effective January 1, 2001,in addition to the discharge rate specifiedin Section 22.802.015, the peak drainagewater discharge rate shall not exceed 0.5cubic feet per second per acre in a 100-year, 24-hour design storm for portions ofthe site being developed that drain to aClass A or Class B Riparian Corridor,excluding Bitter Lake and Haller Lake, asdefined by Section 25.09.020 or to adrainage control system that drains to aClass A or Class B Riparian Corridor,excluding Bitter Lake and Haller Lake.

2. Stormwater Treatment.

a. Effective January 1, 2001, stormwatertreatment facilities shall be installedand maintained to treat that portion ofthe site being developed, as specified inthis section and in rules promulgatedjointly by the Directors of DCLU andSPU, unless the following conditionsexist:

i. The site produces no stormwaterrunoff discharge as determined by alicensed civil engineer; or

ii. The entire project drains to a publiccombined sewer.

b. Stormwater treatment facilities shall bedesigned to treat the runoff volumefrom the 6-month, 24-hour storm,collected from the drainage area beingrouted through the facility.

c. One of the following stormwatertreatment facilities shall be installedand maintained in accordance withrules promulgated jointly by theDirectors: infiltration, wetpond,stormwater wetland, biofiltration swale,filter strip, wet vault, media filter, or an

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alternative technology if the conditionsin subsection e below are met.

d. For high-use sites, one of the followingstormwater treatment facilities shall beinstalled and maintained in accordancewith rules promulgated by the Director,in addition to other required treatmentfacilities:

i. Coalescing plate/oil waterseparator;

ii. Media filter;

iii. API oil/water separator; or

iv. An alternative technology if theconditions in subsection e beloware met.

e. Alternative technology to meet runofftreatment requirements may bepermitted if the following criteria aremet, as further specified in rulespromulgated jointly by the Directors ofSPU and DCLU:

i. Treatment effectiveness monitoringis conducted, which requirementmay be waived if sufficientresearch has been conducted todemonstrate to the Director ofSPU's satisfaction that analternative technology offersequivalent protection;

ii. Monitoring and maintenancerecords are reported to the Directorof SPU at the end of each of thefirst three years followinginstallation; and

iii. The applicant demonstrates to theDirector of SPU's satisfaction thatthe alternative will provideprotection equivalent to themethods prescribed in theapplicable subsection c or d above.

f. The Director of SPU may ask theWashington State Department ofEcology to approve a commitment bythe City to develop a water qualityimprovement plan to identifypollutants of concern and associated

sources, prioritize drainage basins, andevaluate alternative improvementstrategies. After such approval andconsistent with its terms, the Directorsmay grant exemptions to or makeinapplicable the treatmentrequirements of thisSection 22.802.016 B2, pursuant torules promulgated by the Directors.

3. Protection of Streams. Where stormwateris discharged directly to a stream or to aconveyance system that discharges to astream, streambank erosion and effects onwater quality in streams shall beminimized through the selection, design,installation, and maintenance of temporaryand permanent controls.

4. Protection of Wetlands. Where stormwaterdischarges directly to a wetland, asdefined by SMC Chapter 25.09, or to aconveyance system that discharges to awetland, the introduction of sediment,heat, and other pollutants andcontaminants into wetlands shall beminimized through the selection, design,installation, and maintenance of temporaryand permanent controls. Discharges towetlands of exceptional value, as definedby SMC Chapter 25.09, shall maintainexisting flows to the extent necessary toprotect the functions and values of thewetland. Detention and treatment systemsshall not be located within any wetland orits buffer. Prior to discharging to awetland, alternative discharge locationsshall be evaluated and infiltration optionsoutside the wetland shall be maximized.

5. Off-site Analysis. When the portion of asite being developed is within 1/4 mile ofa stream and discharges directly to thatstream, or to a drainage system that drainsto that stream, impacts to off-site waterquality resulting from the project are to beanalyzed and mitigated. The analysis shallcomply with this Section and rules theDirectors may jointly promulgate pursuantto this Section. The analysis shall providefor mitigation of all surface water quality

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or sediment quality impacts. The analysisshall evaluate impacts likely to occur 1/4mile downstream from the project. Theimpacts to be evaluated and mitigatedshall include at least the following:

a. Amount of sedimentation;

b. Streambank erosion;

c. Discharges to groundwater contributingto recharge zones;

d. Violations of state or federal surfacewater, groundwater, or sediment qualitystandards; and

e. Spills and other accidental illicitdischarges;

6. Inspection and Maintenance Schedule.Temporary and permanent drainagecontrol and stormwater treatment facilitiesand other controls shall be inspected andmaintained according to a schedulesubmitted to the Director. The scheduleshall meet the requirements of this subtitleand rules promulgated under this subtitle.

7. Construction Stormwater Control. Inaddition to the requirements describedabove in Section 22.802.015, constructionstormwater controls shall be used toaccomplish the following (a-j). Rulespromulgated by the Directors of SPU andDCLU specify the minimum requiredcontrols as well as additional controls thatmay be required by the Director whenminimum controls are not sufficient toprevent the erosion or transport ofsediment or other pollutants from the site.These controls (a-j below) and thoserequired by 22.802.015 C3 shall be shownon a construction stormwater control plancomplying with the requirements andpurposes of this subtitle and rulespromulgated hereunder and submitted tothe Director. The construction stormwatercontrol plan shall address at least thefollowing (a-j) and Section 22.802.015C3:

a. Before leaving the site, stormwaterrunoff shall pass through a sedimenttrap, sediment pond, or similar device;

b. In the field, clearing limits and anyeasements, setbacks, critical areas andtheir buffers, trees, and drainagecourses shall be marked;

c. Sediment ponds and traps, perimeterdikes, sediment barriers, and othererosion and sedimentation controlsintended to trap sediment on site shallbe constructed as a first step in grading.These controls shall be functionalbefore the land disturbing activitiestake place. Earthen structures such asdams, dikes, and diversions shall bestabilized in accordance withSection 22.802.015 C3;

d. Cut and fill slopes shall be designedand constructed in a manner that willminimize erosion. In addition, slopeswill be stabilized in accordance withSection 22.802.015 C3 above;

e. Properties and waterways downstreamfrom the project site shall be protectedfrom erosion due to increases in thevolume, velocity, and peak flow rate ofstormwater from the project site;

f. All temporary on-site conveyancechannels shall be designed, constructed,and stabilized to prevent erosion fromthe expected velocity of a 2-year, 24-hour design storm for the developedcondition. Stabilization adequate toprevent erosion of outlets, adjacentstreambanks, slopes, and downstreamreaches shall be provided at the outletsof all conveyance systems;

g. Whenever construction vehicle accessroutes intersect paved roads, thetransport of sediment onto the pavedroad shall be minimized. If sediment istransported onto a paved road surface,the roads shall be cleaned thoroughly atthe end of each day. Sediment shall beremoved from paved roads byshoveling or sweeping and shall be

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transported to a controlled sedimentdisposal area. Street washing shall beallowed only after sediment is removedin this manner;

h. All temporary erosion and sedimentcontrols shall be removed within 30days after final site stabilization isachieved or after the temporary controlsare no longer needed, whichever islater. Trapped sediment shall beremoved or stabilized on site. Disturbedsoil areas resulting from removal shallbe permanently stabilized;

i. When dewatering devices discharge onsite or to a public drainage controlsystem, dewatering devices shalldischarge into a sediment trap orsediment pond or gently slopingvegetated area; and

j. In the construction of undergroundutility lines, where feasible, no morethan 500 feet of trench shall be openedat one time, unless soil is replacedwithin the same working day, andwhere consistent with safety and spaceconsiderations, excavated material shallbe placed on the uphill side of trenches.Trench dewatering devices shalldischarge into a sediment trap orsediment pond.

22.802.020 DRAINAGE CONTROL REVIEWAND APPLICATIONREQUIREMENTS

A. Thresholds for drainage control review.Drainage control review and approval shallbe required for any of the following:

1. Standard drainage control review andapproval shall be required for thefollowing:

a. Any land disturbing activityencompassing an area of 750 squarefeet or more;

b. Applications for either a master usepermit or building permit that includesthe cumulative addition of 750 squarefeet or more of land disturbing activity

and new and replaced impervioussurface;

c. Applications for which a gradingpermit or approval is required;

d. Applications for street use permits forthe cumulative addition of 750 squarefeet or more of new and replacedimpervious surface and land disturbingactivity after the effective date of theOrdinance codified in this subtitle;

e. City public works project orconstruction contracts, includingcontracts for day labor and other publicworks purchasing agreements, for thecumulative addition of 750 square feetor more of new and replacedimpervious surface and land disturbingactivity to the site after the effectivedate of the Ordinance codified in thissubtitle, except for projects in a City-owned right-of-way and except forwork performed for the operation andmaintenance of park lands under thecontrol or jurisdiction of theDepartment of Parks and Recreation;

f. Permit approvals and contracts thatinclude any new or replaced impervioussurface on a site deemed a potentiallyhazardous location, as specified inSection 22.800.050; or

g. Whenever an exception to arequirement set forth in this subtitle orin a rule promulgated under this subtitleis desired, whether or not review andapproval would otherwise be required,including, but not limited to, alterationof natural drainage patterns or theobstruction of watercourses.

2. Large project drainage control review andapproval shall be required for projects thatinclude:

a. 5,000 square feet or more of new orreplaced impervious surface; or

b. 1 acre or more of land disturbingactivity.

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3. The City may, by interagency agreementsigned by the Directors of SPU andDCLU, waive the drainage and erosioncontrol permit and document requirementsfor property owned by public entities,when discharges for the property do notenter the public drainage control system orthe public combined sewer system.Whether or not they are required to obtainpermits or submit documents, publicentities are subject to the substantiverequirements of this subtitle, unlessexceptions are granted as set forth inSection 22.808.010.

B. Submittal requirements for drainagecontrol review and approval

1. Information Required for StandardDrainage Control Review. The followinginformation shall be submitted to theDirector for all projects for which drainagecontrol review is required.

a. Standard Drainage Control Plan. Adrainage control plan shall be submittedto DCLU. Standard designs fordrainage control facilities as set forth inrules promulgated by the Director maybe used.

b. Construction Stormwater Control Plan(Standard Erosion and SedimentControl Plan). A constructionstormwater control plan demonstratingcontrols sufficient to determinecompliance with Section 22.802.015C3 shall be submitted. The Directormay approve a checklist in place of aplan, pursuant to rules promulgated bythe Director.

c. Memorandum of Drainage Control. Theowner(s) of the site shall sign a"memorandum of drainage control" thathas been prepared by the Director ofSPU. Completion of the memorandumshall be a condition precedent toissuance of any permit or approval forwhich a drainage control plan isrequired. The applicant shall file thememorandum of drainage control with

the King County Department ofRecords and Elections so as to becomepart of the King County real propertyrecords. The applicant shall give theDirector of SPU proof of filing of thememorandum. The memorandum shallnot be required when the drainagecontrol facility will be owned andoperated by the City. A memorandumof drainage control shall include:

i. The legal description of the site;

ii. A summary of the terms of thedrainage control plan, including anyknown limitations of the drainagecontrol facilities, and an agreementby the owners to implement thoseterms;

iii. An agreement that the owner(s)shall inform future purchasers andother successors and assignees ofthe existence of the drainagecontrol facilities and other elementsof the drainage control plan, thelimitations of the drainage controlfacilities, and of the requirementsfor continued inspection andmaintenance of the drainage controlfacilities;

iv. The side sewer permit number andthe date and name of the permit orapproval for which the drainagecontrol plan is required;

v. Permission for the City to enter theproperty for inspection, monitoring,correction, and abatement purposes;

vi. An acknowledgment by theowner(s) that the City is notresponsible for the adequacy orperformance of the drainage controlplan, and a waiver of any and allclaims against the City for anyharm, loss, or damage related to theplan, or to drainage or erosion onthe property, except for claimsarising from the City's solenegligence; and

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vii. The owner(s)' signaturesacknowledged by a notary public.

2. Information required for large projectdrainage control review. In addition to thesubmittal requirements for StandardDrainage Control Review, the followinginformation is required for projects thatinclude 1 acre or more of land disturbingactivities or 5,000 square feet or more ofnew and replaced impervious surface.

a. Comprehensive Drainage Control Plan.A comprehensive drainage control plan,in lieu of a Standard Drainage ControlPlan, to comply with the requirementsof this subtitle and rules promulgatedhereunder and to accomplish thepurposes of this subtitle shall besubmitted with the permit application.It shall be prepared by a licensed civilengineer in accordance with standardsadopted by the Director of DCLU.

b. Inspection and Maintenance Schedule.A schedule shall be submitted thatprovides for inspection of temporaryand permanent drainage controlfacilities, treatment facilities, andsource controls to comply withSections 22.802.015 and 22.802.016.

c. Off-site analysis. When the portion of asite being developed is within 1/4 mileof a stream and discharges directly tothat stream, or to a drainage controlsystem that discharges to that stream,an analysis of impacts to off-site waterquality resulting from the projectprepared in accordance withSection 22.802.016 shall be submitted.

d. Construction Stormwater Control Plan.A construction stormwater control planprepared in accordance withSections 22.802.015 and 22.802.016shall be submitted.

3. Applications for drainage control reviewand approval shall be prepared andsubmitted in accordance with provisionsof this Section, with Chapter 21.16, SideSewers, and with associated rules and

regulations adopted jointly by theDirectors of DCLU and SPU.

4. The Director of DCLU may requireadditional information necessary toadequately evaluate applications forcompliance with the requirements andpurposes of this subtitle and other lawsand regulations, including, but not limitedto, SMC Chapter 25.09, Regulations forEnvironmentally Critical Areas. TheDirector of DCLU may also requireappropriate information about adjoiningproperties that may be related to, oraffected by, the drainage control proposalin order to evaluate effects on the adjacentproperty. This additional information maybe required as a precondition for permitapplication review and approval.

5. Where an applicant simultaneously appliesfor more than one of the permits listed insubsection A above for the same property,the application shall comply with therequirements for the permit that is themost detailed and complete.

C. Authority to Review. The Director ofDCLU may approve those plans that complywith the provisions of this subtitle and rulespromulgated hereunder, and may placeconditions upon the approval in order toassure compliance with the provisions of thissubtitle. submission of the required drainagecontrol application information shall be acondition precedent to the processing of anyof the above-listed permits. Approval ofdrainage control shall be a conditionprecedent to issuance of any of the above-listed permits. The Director of DCLU mayreview and inspect activities subject to thissubtitle and may require complianceregardless of whether review or approval isspecifically required by this Section. TheDirector of DCLU may disapprove plans thatdo not comply with the provisions of thissubtitle and rules promulgated hereunder.Disapproved plans shall be returned to theapplicant, who may correct and resubmit theplans.

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22.802.040 DRAINAGE CONTROL PLANREGISTRY

The Director of SPU shall maintain an officialregistry and permanent file of all approveddrainage control plans. Each plan shall becataloged in the registry according to theproperty address, legal description of theproperty, and the side sewer permit number ofthe permit or approval for which the plan isrequired. Where a drainage control plan coversmore than one property, the approved plan shallbe cataloged for each property covered by theplan.

22.802.060 INSTALLATION OF DRAINAGECONTROL FACILITIES

A. All privately owned and operated drainagecontrol facilities or systems, whether or notthey discharge to a public drainage controlsystem, shall be considered side sewers andshall be subject to Title 21 of the SeattleMunicipal Code, the SPU Director’s Rulespromulgated under that Title, and the designand installation specifications and permitrequirements of the SPU and the Departmentof DCLU for side sewer and drainage controlsystems.

B. Side sewer permits and inspections shall berequired for construction, capping,alterations, or repairs of privately owned andoperated drainage control systems asprovided in Chapter 21.16 of the SeattleMunicipal Code. When the work is ready forinspection, the permittee shall notify theDirector of SPU. If the work is not inaccordance with plans approved under thissubtitle and in accordance with Chapter21.16, SPU and Department of DCLUDirector’s Rules, and SPU and Department ofDCLU design and installation specifications,the SPU, after consulting with theDepartment of DCLU, may order the workstopped by written notice to the personsengaged in performing the work or causingthe work to be done, and may requiremodifications as provided in this subtitle andChapter 21.16.

22.802.070 MODIFICATIONS OFDRAINAGE CONTROL FACILITIESDURING CONSTRUCTION

A. During construction the Director of SPU mayrequire, or the applicant may request, that theconstruction of drainage control facilities andassociated project designs be modified ifphysical conditions are discovered on the sitewhich are inconsistent with the assumptionsupon which the approval was based,including, but not limited to, unexpected soiland/or water conditions, weather generatedproblems, or changes in the design of theimproved areas. Modifications shall besubmitted to the Director of DCLU forapproval prior to implementation.

B. Any such modifications made during theconstruction of drainage control facilitiesshall be recorded on the final approveddrainage control plan, a revised copy ofwhich shall be filed by the Director of SPU.

22.802.090 MAINTENANCE ANDINSPECTION

A. Responsibility for Maintenance andInspection. Drainage control facilities,source controls, and stormwater treatmentfacilities required by this subtitle and by rulesadopted hereunder, shall be maintained asspecified in rules promulgated by theDirector, by the owner and other responsibleparty. The owner and other responsible partyshall inspect permanent drainage controlfacilities at least annually, and shall inspecttemporary drainage control facilities andother temporary best management practicesor facilities on a schedule consistent withSection 22.802.016 B6 of this subtitle andsufficient for the facilities to function atdesign capacity. The Director of SPU mayrequire the responsible party to conduct morefrequent inspections and/or maintenancewhen necessary to insure functioning atdesign capacity. The owner(s) shall informfuture purchasers and other successors andassignees to the property of the existence ofthe drainage control facilities and theelements of the drainage control plan, the

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limitations of the drainage control facilities,and the requirements for continued inspectionand maintenance of the drainage controlfacilities.

B. Inspection by City. The Director of SPUmay establish inspection programs to insurecompliance with the requirements of thissubtitle and accomplishment of its purposes.Inspection programs may be established onany reasonable basis, including, but notlimited to: routine inspections; randominspections; inspections based uponcomplaints or other notice of possibleviolations; inspection of drainage basins orareas identified as higher than typical sourcesof sediment or other contaminants orpollutants; inspections of businesses orindustries of a type associated with higherthan usual discharges of contaminants orpollutants or with discharges of a type whichare more likely than the typical discharge tocause violations of state or federal water orsediment quality standards or the City’sNPDES stormwater permit; and jointinspections with other agencies inspectingunder environmental or safety laws.Inspections may include, but are not limitedto: reviewing maintenance and repair records;sampling discharges, surface water,groundwater, and material or water indrainage control facilities; and evaluating thecondition of drainage control facilities andother best management practices.

C. Entry for Inspection and AbatementPurposes.

1. New Installations and Connections. Whenany new drainage control facility isinstalled on private property, and whenany new connection is made betweenprivate property and a public drainagecontrol system, sanitary sewer orcombined sewer, the property owner shallexecute a permission form provided by theDirector of SPU. The property ownershall grant the City the right to enter theproperty at reasonable times and in areasonable manner pursuant to aninspection program established pursuant to

subsection B above, and to enter theproperty when the City has a reasonablebasis to believe that a violation of thissubtitle is occurring or has occurred, andto enter when necessary for abatement of apublic nuisance or correction of a violationof this subtitle.

2. Existing Land Uses and Discharges.Owners of property with existingdischarges or land uses subject to thissubtitle who are not installing a newdrainage control facility or making a newconnection between private property and apublic drainage control system, sanitarysewer or combined sewer, has the optionto execute a permission form for thepurposes described above when providedwith the form by the Director of SPU.

D. Disposal of Waste from MaintenanceActivities. Disposal of waste frommaintenance of drainage and stormwatercontrol facilities shall be conducted inaccordance with federal, state and localregulations, including the MinimumFunctional Standards for Solid WasteHandling, Chapter 173-304 WAC, guidelinesfor disposal of waste materials, and, whereappropriate, Dangerous Waste Regulations,Chapter 173-303 WAC, including anysubsequent amendments to these provisions.

E. Records of Installation and MaintenanceActivities. When a new drainage controlfacility is installed, the party having thefacility installed shall obtain a copy of the as-built plans from the Director of SPU.Responsible parties shall make records of theinstallation and of all maintenance and repair,and shall retain the records for at least tenyears. These records shall be made availableto the Director of SPU during inspection ofthe facility and at other reasonable timesupon request of the Director of SPU.

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CHAPTER 22.804

GRADING

22.804.010 SCOPE

All grading shall comply with this subtitle andwith federal, state and local laws andregulations, even where no permit or approval isrequired.

22.804.020 GRADING IN AREAS OFSPECIAL FLOOD HAZARD

In addition to requirements for grading approvalor permit set forth in this subtitle, any grading inareas of special flood hazard, as identified in thereport entitled “Flood Insurance Study for KingCounty, Washington and Incorporated Areas”and the accompanying Flood Insurance RateMaps that are filed with the City Clerk in C.F.296948, or located in a flood-prone area, issubject to additional standards and requirements,including floodplain development approval or aFloodplain Development License, as set forth inChapter 25.06, the Seattle FloodplainDevelopment Ordinance, of the SeattleMunicipal Code, and any applicablerequirements of Chapter 25.09, theEnvironmentally Critical Areas Ordinance.

22.804.030 GRADING PERMIT ORAPPROVAL REQUIRED

A. Grading Permit Required. A gradingpermit is required for all grading activities asspecified below. Actions exempt from agrading permit are specified in subsection C.

1. Special Sites. A permit shall be requiredfor any site located in any of the followingareas if the combined volume ofexcavation, fill, dredging, or othermovement of earth materials is more thantwenty-five (25) cubic yards:

a. Shoreline districts as defined inSMC 23.60.010. In addition to thepermit requirement established in A.1,a permit is also required for anygrading within ten feet (10’) of the line

of mean higher high tide adjoiningsaltwater or the line of mean high wateradjoining fresh water and for anygrading of lands covered by water;

b. Environmentally Critical Areas asdefined in SMC 25.09 exceptliquefaction-prone and abandonedlandfills. In addition to the permitrequirement established in A.1:

i. A permit is required for anygrading within wetlands and theirbuffers, or Riparian corridorbuffers;

ii. Grading activities that increase thepotential for earth movements orthe risk of damage due to earthmovement within steep slopes orother landslide hazard areas isprohibited;

c. The drainage basins of Thornton Creek,Pipers Creek, Longfellow Creek, andTaylor Creek, as mapped by SPU,unless stormwater runoff from the siteis discharged to a combined sewersystem or otherwise piped (tightlined)to a drainage basin other than thenamed drainage basin.

2. Potentially Hazardous Locations. Apermit is required for any site identifiedunder the provisions ofSection 22.800.050 for any volume ofexcavation, fill, dredging or othermovement of earth materials.

3. Grading Near Public Places. A permit isrequired for all grading activities in excessof four feet (4’), measured vertically, onprivate property within any area betweenthe vertical prolongation of the margin ofa public place, and a one hundred percent(100%) slope line (forty-five degrees (45°)from a horizontal line) from the existingelevation of the margin of a public place tothe proposed elevation of the privateproperty.

4. General Sites. For sites not included insubsections A.1 and A.2 above, a permit isrequired where the grade at any location is

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changed more than three feet (3’) andeither:

a. The cumulative volume of excavation,fill, dredging or other movement ofearth materials is more than 100 cubicyards over the lifetime of the site; or

b. The grading will result in a slopesteeper than three (3) horizontal to one(1) vertical.

5. In-Place Ground Modification. Apermit is required for any site where in-place ground modification will take place.The Director of DCLU may waive therequirement for a permit when theDirector determines the in-place groundmodification will be insignificant inamount or type.

6. Temporary Stockpiles. A grading permitor approval is required for temporarystockpiles which meet the thresholds ofsubsections A-1, A-2 and A-4 above andare not located on sites for which a validgrading permit or grading approval hasbeen issued.

B. Grading Approvals Required.

1. A grading approval is required for gradingactivities located on any site where aconcurrent building permit is requestedexcept that no approval is required forgrading activities where the combinedvolume is less than the amounts specifiedfor each site in subsection A above.

2. Where a grading approval is required andissued as a component of a buildingpermit, no separate grading permit shall berequired. This provision shall apply tograding which is incidental toconstruction, the temporary stockpiling ofearth materials during construction andgrading needed for other siteimprovements. Where there will beconstruction or placement of a buildingwithin the lifetime of the permit, thegrading approval shall be a component ofthe building permit.

C. Exemptions. The following gradingactivities shall be exempt from a gradingpermit, but shall still comply with theprovisions of this subtitle:

1. Activity conducted under a street usepermit that specifically authorizes thegrading work to be performed;

2. Excavations and filling of cemeterygraves;

3. Exploratory excavations that comply withthe requirements of Section 22.804.050;

4. Operation of sewage treatment plantsludge settling ponds;

5. Operation of surface mines for theextraction of mineral and earth materialssubject to the regulations and under apermit of the State of Washington;

6. Stockpiling and handling of earth materialwhen the earth material is consumed orproduced in a process which is theprincipal use of the site and whichcomplies with the requirements ofSection 22.804.050;

7. Maintenance or reconstruction of activetracks and yards of a railroad in interstatecommerce within its existing right-of-way;

8. Maintenance or reconstruction of thefacilities of parks and playgroundsincluding work required for the protection,repair, replacement or reconstruction ofany existing paths, trails, sidewalks, publicimprovement or public or private utility,and the stockpiling of material formaintenance activities;

9. Excavation and filling of post holes;

10.On-site work required for construction,repair, repaving, replacement orreconstruction of an existing road, street orutility installation in a public right-of-way;

11.Trenching and backfilling for theinstallation, reconstruction or repair ofutilities on property other than a publicright-of-way;

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12.Grading done in performance of workauthorized by the City for public worksprojects (see also Section 22.800.070);

13.Public works and other publicly fundedactivities on property owned by publicentities, when discharges from theproperty do not enter the public drainagecontrol system or the public combinedsewer system, and the project will notundercut or otherwise endanger adjacentproperty, and the Director has waived thepermit requirements by interagencyagreement;

14.Underground storage tank removal andreplacement that is subject to regulation bya state or federal agency, except whereexcavation meets the criteria ofSection 22.804.030 A3, Grading NearPublic Places.

D. Compliance Required for All Grading.Any grading activity, whether or not itrequires a grading permit or approval, shallcomply with the provisions of this subtitle.

22.804.040 GRADING PERMIT ORAPPROVAL: APPLICATIONREQUIREMENTS

A. General. Application for a grading permit orapproval shall be made to the Director ofDCLU by the owner of the property to begraded. All applications shall contain thesubmittal information detailed in this section.

B. Plans Required.

1. Projects Requiring Plans. The informationlisted in subsection B2 below shall beprovided on plans submitted with eachapplication for a grading permit orapproval. However, when the onlygrading included in an application is for anapproved drainage control plan or is forexcavation and replacement of earthmaterial within an area four feet or lessfrom the footing lines of a building orstructure, the only information required isthe location of temporary stockpiles.

2. Information to Be submitted on Plans.The following information shall be

submitted with applications for projectsrequiring plans.

a. A general vicinity map and legaldescription of the site;

b. A plot plan showing: location ofexisting buildings and structures,easements, utilities and other surfaceand above-ground improvements on theproperty where the work is to beperformed; the approximate location ofall buildings, structures and otherimprovements on adjacent land; thelocation of existing and plannedtemporary and permanent drainagecontrol facilities, existing and proposeddrainage discharge points,watercourses, drainage patterns,environmentally critical areas, andareas of standing water; theapproximate location, type and size oftrees and other vegetation on the site;designation of trees and vegetation tobe removed, and the minimum distancebetween tree trunks and the nearestexcavation and/or fill; and areas whereequipment traffic will be permitted andexcluded;

c. The latest available topographic map,including cross-sections of the site andadjacent property, showing the presentand proposed contours of the land atnot more than two-foot (2’) contourintervals, and the location and amountof all temporary stockpiles andexcavations. On steeper sites, theDirector of DCLU may authorize plansto show a contour interval greater thantwo feet (2’) but in no case more than afive-foot (5’) interval. The informationrelating to adjacent properties may beapproximated;

d. A drainage control plan as set forth inSection 22.802.020, except when thegrading is limited to the area providingfor vehicular and pedestrian access tothe building or to the temporarystockpiling of excavated material.

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3. Number Required. A minimum of three(3) sets of plans shall be submitted witheach application for a grading permit. Thenumber of plan sets required for gradingapproval applications shall be the same asrequired for the specific permitapplication. Additional sets may berequired by the Director.

4. Clarity of Plans. Plans shall be drawn to aclearly indicated and commonly acceptedscale upon substantial paper such asblueprint quality or standard draftingpaper. Tissue paper, posterboard orcardboard will not be accepted. The plansshall be of microfilm quality and limitedto a minimum size of 18 inches by 18inches (18” x 18”) and a maximum size of41 inches by 54 inches (41” x 54”).

5. Preparation by Civil Engineer. Thegrading plans shall be prepared by, orunder the direction of, a licensed civilengineer for all applications where thetotal amount of materials graded is morethan two thousand five hundred (2,500)cubic yards. The Director of DCLU mayrequire that grading plans for lesserquantities be prepared by or under thedirection of a licensed civil engineer forsites such as, but not limited to, those ingeologic hazard zones and areas withknown erosion problems.

6. Stamping by Geotechnical Engineer.When required by the Director of DCLUin accordance with the provisions of thissubtitle, the grading plans shall bereviewed and stamped by the geotechnicalengineer who performed the site analysisand report to indicate that the plansconform to the conclusions andrecommendations of the report.

C. Information Required.

1. Required with Application. The followinginformation shall be submitted withgrading plans at the time of application:

a. The disposal site for any excavatedmaterials to be removed from the site.If the disposal site is located within the

City limits and is not an approveddisposal site, an application for agrading permit for the disposal siteshall be submitted at the same time asthe application for grading permit orapproval at the excavation site. In theevent that the applicant is unable tospecify the disposal site at the time ofapplication, the applicant shall request,in writing, a postponement of theidentification of the disposal site. Therequest shall include a commitment thatthe applicant will specify a disposal siteacceptable to the Director of DCLUprior to any excavation;

b. Where placement of a fill is proposed, adescription of the composition of fillmaterial and its structural qualities;

c. Where any portion of the grading willencroach on an adjacent property, proofof ownership and an easement orauthorization in accordance withSection 22.804.100;

d. The immediate and long-term intendeduse of the property;

e. Identification of past industrial ormanufacturing uses or hazardousmaterials treatment, disposal or storagethat have occurred on the site;

f. Where a site is located in an areaidentified pursuant toSection 22.800.050, a copy of allapplicable permit or approvalapplications, and/or permits andapprovals from the appropriateregulatory agencies;

g. When required by Section 22.802.020,an erosion/sediment control plan;

h. Where the site is located in an area ofpotential landslide, a draft covenantcomplying with the requirements ofSection 22.808.130.

i. Each grading proposal shall containprovisions for the preservation ofnatural drainage patterns andwatercourses; for reasonable

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preservation of natural land and waterfeatures and other indigenous naturalfeatures of the site; and forreplacement, where necessary, ofvegetation or other means to controlrunoff.

2. Required after Initial Screening. TheDirector of DCLU may require thefollowing information after the initialscreening of a grading application:

a. A description of methods to be used tominimize sediment or other pollutionfrom leaving the site during and afterconstruction and to protect clearedareas and cut and fill slopes fromerosion;

b. A time schedule of operations,including, but not limited to,implementation of the applicablerequirements of Sections 22.802.015and 22.802.016, clearing, minimizationof grading of unprotected soil surfaces,restoration of topsoil and vegetativecover, and construction ofimprovements;

c. A survey of boundaries and topographyof the site and the grades of adjacentpublic rights-of-way prepared by asurveyor licensed by the State ofWashington;

d. A soils analysis complying with thefollowing:

i. When Required. A soils analysisand report may be required when anapplication for a grading permit orapproval is made for propertylocated:

(A) In areas described inSection 22.800.050

(B) In areas where there is apotential for landslide

(C) In areas where grading mayresult in instability of the site oradjoining property

(D) In areas where soils may not besuitable for the use intended

(E) In areas where the Directordetermines pollutants are likelyto be present or

(F) In any area where the Directordetermines that the informationwhich would be supplied by asoils analysis and report isnecessary for the review of theapplication.

ii Contents. The soils analysis andreport shall include:

(A) Data regarding the nature,distribution and strength ofexisting soils and subsurfaceconditions

(B) History of the site includinghistory of landslides, knownexcavations and fills, andlocation of utilities

(C) Where appropriate as indicatedby information provided undersubsection B above, analyticaltesting of soils to determine theconcentration of pollutants

(D) Conclusions andrecommendations for clearingthe site, of the adequacy of thesite for proposed immediate andlong-term intended use,foundation, retaining andstructural designs, gradingmethods, and construction andpost-construction monitoringand

(E) Other information asdetermined necessary by theDirector to adequately evaluatecompliance with therequirements of this subtitle andaccomplishment of its purposes,such as an assessment ofcontamination when pastindustrial or chemical use havebeen present on the site.

iii. Preparation. The soils analysis andreport shall be prepared by an

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experienced geotechnical engineeror other equally qualified personapproved by the Director. TheDirector may require that the plansand specifications be stamped andsigned by the geotechnical engineerto indicate that the grading andproposed structure comply with theconclusions and recommendationsof the reports.

iv. Minimal Risk. In geologic hazardareas as identified in SMCChapter 25.09, Regulations forEnvironmentally Critical Areas, thegeotechnical engineer who preparedthe soils analysis and report may berequired to submit a letter statingthat the plans and specificationsconform to the recommendations ofthe soils analysis and report. Theletter shall also state that, so long asconditions stated in the soils reportare satisfied, areas disturbed byconstruction will be stabilized, therisk of damage to the proposeddevelopment or to adjacentproperties from soil instability willbe minimal, and the proposedgrading and development will notincrease the potential for soilmovement.

e. Site Analysis. For properties located inany of the areas identified in subsectiond, an analysis and report of thefollowing site factors. The analysis andreport shall be prepared by a licensedcivil engineer or other person approvedby the Director.

i. A description of the hydrology ofthe site and the drainage basin inwhich the development is located.

ii. The effect of grading uponsurrounding properties,watercourses and the drainagebasin, including impacts on waterquality and fish habitat when astream, lake or other body of water

is affected. Where applicable, theanalysis specified inSection 22.802.016 B5 may also berequired.

f. A letter in a form acceptable to theDirector from the owner of the sitestating that the owner understands andaccepts the risk of developing in anarea with potentially unstable soils andthat the owner will advise, in writing,any prospective purchasers of the site,structures or portions of a structureabout the landslide potential of the site.

g. The Director may require additionalinformation pertaining to the specificsite and any other relevant informationneeded in order to assess potentialhazards associated with the site and todetermine whether a grading permit orapproval should be issued.

22.804.050 GRADING REQUIREMENTS

A. Earth Movement. Grading shall not createor increase the likelihood of earth movement,including, but not limited to, landslides,accelerated soil creep, settlement andsubsidence, and hazards associated withstrong ground motion and soil liquefaction ofthe site to be graded and adjoining properties.

B. Natural Features. Each grading proposalshall contain provisions for the preservationof natural drainage patterns andwatercourses; for reasonable preservation ofnatural land and water features and otherindigenous natural features of the site; andreplacement, where necessary, of vegetationor other means to control runoff.

C. Watercourses. Grading shall not create orcontribute to flooding, erosion, or increasedturbidity, siltation or other forms of pollutionin a watercourse, and shall comply with theapplicable requirements of Chapter 22.802.

D. Pollution Control. Grading shall beperformed, and the completed work shall bein accordance with, all applicableenvironmental laws, rules and regulations,

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and with the applicable requirements ofChapter 22.802.

E. Conformance with Plans. Grading shall beperformed in accordance with the plansapproved by the Director of DCLU.

F. Slopes. Final graded slopes shall be nosteeper than is safe for the intended use, andshall in no case be steeper than two (2)horizontal to one (1) vertical. Forrequirements for temporary slopes seeSections 22.804.050M and 22.804.100.

G. Surface Preparation. The ground surfaceshall be prepared to receive fill by removingvegetation, non-approved materials, topsoiland other unsuitable materials, including, butnot limited to, mud, peat, and other materialswith insufficient strength to satisfy the designas determined by the Director.

H. Fills. Fills shall be located so that the baseedge of the fill is located more than 12 feet(12’) horizontally from the top edge of anexisting slope or a planned cut slope. Asloping fill shall not be placed on top ofslopes which are steeper than one and one-half (1 ½) horizontal to one vertical (1).

I. Requirements For Fill Material. Materialsused in fills shall comply with the followingrequirements:

1. Material used in filling shall beappropriate to the site and the intended useof that portion of the site.

2. Fill shall be composed of earth materials.Any rock or other similar irreduciblematerial used in a fill shall be of amaximum diameter of 12 inches (12”) andshall compose not more than twentypercent (20%) of the total fill material.

3. Topsoil shall not be used as a fill materialexcept that the upper 12 inches (12”) of afill site may be covered with topsoil.

4. No frozen or thawing material shall beused in a fill.

5. No solid waste, hazardous waste orhazardous material may be used in a fill.

6. No organic material shall be used in a fillunless approved by the Director.

7. As necessary, the Director shall specifyother characteristics of the fill materialused, the degree of compaction, moisturecontent and the method of placementappropriate to the site and the intended useof that portion of the site and therequirements for water retention, drainagecontrol and erosion control.

J. Terraces. The Director may require stepsand terraces sufficient to control surfacedrainage and deposit of debris. Suitableaccess to the terraces shall be provided topermit proper cleaning and maintenance.

K. Subsurface Drainage. Cut and fill slopesshall be provided with subsurface drainagewhen needed to maintain slope stability.

L. Access. When an adjoining site relies on thesite to be graded for pedestrian or vehicularaccess, the Director may require reasonableaccess to be maintained to the adjoining site.

M. Stockpiling of Earth Materials.

1. General. Stockpiling of any kind shall notadversely affect the lateral support orsignificantly increase the stresses in orpressure upon any adjacent or contiguousproperty. Stockpiling shall comply withthe applicable erosion controlrequirements for temporarily exposed soilsset forth in Sections 22.802.015 and22.802.016, and rules promulgated underthose Sections.

2. Temporary Stockpiling DuringConstruction or Grading. Temporarystockpiles of earth materials duringconstruction or grading shall not exceedten feet (10’) in height. Stockpiles hasslopes no greater than one (1) horizontal toone vertical (1).

3. Temporary Stockpiling During Dredging.Temporary stockpiles of earth materialsexcavated during dredging or maintenancedredging shall be subject to the approvalof the Director of DCLU.

4. Stockpiling and Handling of EarthMaterials in Processing. Earth materialsconsumed or produced in a process may

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be stockpiled and handled on a siteprovided the process is the principal use ofthe site.

5. Removal. Temporary stockpiles shall beremoved prior to final inspection for agrading permit where no building permitis issued on the same site. Where gradingis approved as a component of a buildingpermit, temporary stockpiles shall beremoved prior to issuance of a FinalCertificate of Occupancy or approval foroccupancy after a final inspection.

N. Exploratory Excavations. Exploratoryexcavations shall be under the direction of alicensed civil engineer or experiencedgeotechnical engineer. No stockpiles ofmaterials shall remain after completion of theexploratory activities. The grading shallcomply with other requirements that may beestablished by the Director.

22.804.100 PROTECTION OF ADJOININGPROPERTY

A. General. The provisions of this Section shallapply to permanent and temporary protectionof, and encroachment on, adjoining propertyexcept as specifically limited. Permanentencroachment of grading on adjoiningproperty shall require a separate permit underSection 22.804.030 for the adjoiningproperty.

B. Maximum Slopes. When the existing gradeof a site is altered by filling, excavating,dredging or moving of earth materials, theowner shall protect all adjoining propertyduring construction from encroachment orcollapse by sloping the sides of the temporarygrading at a slope which is safe and not morethan one horizontal to one vertical. Inaddition, adjoining property shall beprotected from encroachment or collapse bysloping the sides of the permanent grading ata slope not greater than two horizontal to onevertical. The Director may approvetemporary or permanent slopes of greatersteepness based on a design by anexperienced geotechnical engineer. In areasof known unsuitable soils, the Director may

require slopes of lesser steepness to assureprotection of adjoining property.

C. Encroachments.

1. All grading shall occur entirely within thesite unless encroachment on adjoiningproperty is allowed by the Director ofDCLU. Encroachment may be permittedwhere the applicant provides one of thefollowing:

a. Proof of ownership; or

b. An easement, granted by the fee ownerof the encroached-upon property, whichauthorizes the encroachment on theadjoining property; or

c. A letter signed by the owner of theadjoining property, which authorizessuch temporary encroachments duringconstruction on the adjoining propertyas temporary change of grade,temporary stockpiling or shoringtiebacks.

2. Where an application for grading permit orapproval includes an easement authorizingpermanent encroachment on adjoiningproperty, the easement instrument shall beprovided to the Director by the applicantprior to issuance of any grading permit orapproval. The instrument shall specify thepurpose for granting the encroachment.The instrument shall be recorded with theKing County Department of Records andElections.

3. Any instrument authorizing temporaryencroachment may terminate only after thegrading work is completed in accordancewith Section 22.804.200.

D. Setbacks. The tops and toes of graded slopesshall be set back from property boundariesand structures as far as is necessary for safetyand foundation support and to preventdamage resulting from drainage or otherwater runoff, erosion or excessive loading.

E. Screening. The Director shall require view-obscuring planting or ground cover on siteswith cut or fill slopes more than four feet in

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height adjacent to lots zoned for or developedwith residential uses.

22.804.110 EROSION CONTROL

A. Methods. Grading operations shall complywith the applicable requirements set forth inSections 22.802.015 and 22.802.016 andrules promulgated thereunder. Devices orprocedures for erosion control shall beinitiated or installed prior to commencinggrading operations when technically feasible,and in any case as soon thereafter as istechnically feasible, and shall be maintainedto function at design capacity.

B. Exposure. Grading operations shall beconducted so as to expose the smallestpractical area of soil to erosion for the leastpossible time. Grading operations shallcomply with the applicable requirements forexposed soils, including best managementpractices, promulgated pursuant toSections 22.802.015 and 22.802.016.

22.804.120 BOUNDARY LOCATION

The Director may also require sufficient stakingof property lines, top and toe of the fill and allareas where equipment traffic is to be excluded.Stakes shall be at least two-inch by two-inchposts or one-half-inch pipes which are readilyvisible and durable. Stakes shall be maintainedand visible during grading operations to enablethe Director to determine property lines, the topand toe of the fill and excluded areas. A surveyprepared by a land surveyor licensed by theState of Washington may be required.

22.804.130 FENCING

The Director may, where unauthorized materialhas been deposited during grading operations ata permitted grading site, require fencing and alockable gate of suitable materials to controlaccess to the grading site until all gradingactivity is complete, or until a Certificate ofOccupancy is issued, whichever occurs last.Failure of the Director to require a fence shallnot relieve the owner of liability arising out ofaccess to and use of the site.

22.804.140 GRADING APPLICATION:REFERRAL AND CONSULTATION

The Director of DCLU may refer applicationsfor grading, including plans and other requiredinformation and reports, to, and consult with,other agencies or City departments as may beappropriate. Comments and recommendationsreceived shall be considered by the Director inmaking a decision regarding the gradingapplication.

22.804.150 GRADING APPLICATION:CANCELLATION

An application shall be deemed abandoned andvoid if a permit is not issued after a period of 60days from the date of notice of approval forissuance or if corrections are not received after aperiod of 60 days from the date of notificationof required corrections. The Director of DCLUmay extend the period for issuance orsubmission of corrections if it is determined thatthere are good reasons for the delay, such aslitigation or appeals.

If the application is canceled, the site may beinspected to verify that no work has taken place.The application and any accompanying plansand specifications may be destroyed.

22.804.160 GRANTING OR DENIAL OFGRADING APPROVALS ANDPERMITS

A. Approval.

1. The Director of DCLU may grant agrading permit or approval that complieswith the requirements of this subtitle andrules promulgated thereunder. Anapproval may be granted with or withoutconditions, to assure compliance with therequirements of this subtitle. Conditionsmay include, but are not limited to, thefollowing: restricting permit work tospecific seasons or weather conditions;limiting vegetation removal; sequencingof work; requiring recommendationscontained in the soils analysis and reportto be followed; requiring observation by alicensed civil or geotechnical engineer;requiring special inspection pursuant to

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Section 1701 of the Seattle Building Code;limiting quantities of soils; requiringstructural safeguards; specifying methodsof erosion, sedimentation, and drainagecontrol; requiring compliance with otherapplicable provisions of this subtitle;specifying methods for maintenance ofslope stability; retaining existing trees;requiring revegetation and grass seedingand/or long term maintenance activities;requiring compliance with SMCChapter 25.09, Regulations forEnvironmentally Critical Areas, and otherregulations of the City or other agencieswith jurisdiction.

2. The Director may require that plans andspecifications be stamped and signed by alicensed civil engineer or experiencedgeotechnical engineer to indicate that thegrading and proposed structure complywith the conclusions andrecommendations of any required reports.

B. Denial. The application for grading permitor approval may be denied if the Directordetermines that the plans do not comply withthe requirements of this subtitle and rulespromulgated hereunder, or do not accomplishthe purposes of this subtitle, or the grading isinconsistent with the proposed developmentof the site, or the plans do not comply withother applicable federal, state and local lawsand regulations.

C. Limitations. The issuance or granting of agrading permit of approval shall not beconstrued to be permission for, or anapproval of, any violation of any of theprovisions of this subtitle or rulespromulgated hereunder, or of any other lawor regulation.

22.804.170 EXPIRATION OF GRADINGPERMIT

Grading permits shall be valid for eighteen (18)months and may be renewed for up to eighteen(18) additional months. Where advisable tosatisfy the requirements or purposes of thissubtitle, the Director may issue nonrenewablegrading approvals which shall expire within a

period less than 18 months from date of issue.Requirements of this subtitle that are notexplicitly temporary during the gradingoperations, including, but not limited to,requirements for erosion control, drainage andslope management, do not terminate with theexpiration of the grading approval.

22.804.180 GRADING INSPECTION

A. General. The Director of DCLU mayconduct or require inspection of grading sitesto determine that work is done according tothe grading approval. The permittee andowner shall be notified if the work is inviolation. The Director may initiateenforcement action for work that is inviolation.

B. Preloading. Preloading shall be conductedas directed and supervised by a licensed civilor experienced geotechnical engineer.

C. Special Inspections. The Director of DCLUmay require periodic or continuousinspection from site inspection throughfoundation inspection by a licensed civilengineer, experienced geotechnical engineeror special inspector at the permittee’sexpense. Licensed civil and experiencedgeotechnical engineers or special inspectorsshall be designated in accordance withSection 1701 of the Seattle Building Code,Chapter 22.100 of the Seattle MunicipalCode. The approved inspector shall inspectin accordance with the duties specified inSection 1701 of the Seattle Building Codeand rules adopted thereunder and shall:

1. Be present during the execution of allwork the inspector has been approved toinspect;

2. Report to the job site in advance of grad-ing operations to become familiar withapproved plans and to inspect all materialsto be used;

3. Not undertake or engage in otheroccupations which interfere or create aconflict of interest with the inspectionduties during the work on the project;

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4. Inspect the clearing, excavating, filling,compaction, grading, erosion and drainagecontrol measures, and all other soilscontrol aspects of the construction, andobserve whether there is compliance withthe approved plans;

5. Inspect soils for evidence of hazardoussubstances or wastes;

6. Observe whether the approved plans aresufficient to control the soil on the site andprevent off-site transport of sediment;

7. Immediately report all evidence ofhazardous substances or wastes,irregularities, insufficiencies, substitutionsof material or other changes fromapproved plans, and violations of thissubtitle to the owner’s architect, engineeror contractor. If the project is not broughtimmediately into compliance, the Directorof DCLU shall be immediately notified.In any event, the Director of DCLU shallbe immediately notified when anycondition threatens public health, safety orwelfare, private or public property, or theenvironment, whether or not the threat isimmediate or likely;

8. Notify DCLU of the time schedule for off-site disposal of excavated material and,when within the City limits, of thelocation of and permit number of theapproved disposal site; and

9. The special inspector may require soilgrading reports prepared by a licensedcivil engineer or experienced geotechnicalengineer. These tests may include fielddensity tests, summaries of field andlaboratory tests and other substantiatingdata and comments on any changes madeduring grading but not shown on theapproved plans and their effect on therecommendations.

D. Other Inspections. subject to the approvalof the Director of DCLU, a person other thana licensed civil or experienced geotechnicalengineer or special inspector may conduct therequired inspection provided the person isunder the supervision of a licensed civil

engineer or experienced geotechnicalengineer and is qualified to conduct theinspection.

22.804.200 COMPLETION OF GRADINGWORK

A. Final Inspection. Upon completion of thework, the owner shall notify the Director ofDCLU that the grading operation is ready forfinal inspection. Final approval shall not begiven until all work, including installation ofall drainage control facilities and theirprotective devices and all erosion controlmeasures, have been completed inaccordance with the final approved plans andrequired reports have been submitted. Theowner also shall submit proof of the approvalof other agencies with jurisdiction, if any arerequired, before a final grading approval isissued.

B. Final Plans and Reports. When gradingplans have been modified duringconstruction, the Director of DCLU mayrequire an as-graded plan including originalground surface elevations, as-graded groundsurface elevations, lot drainage patterns andlocations, location of discharge points,elevations, and location and maintenancerequirements of all surface and subsurfacedrainage control facilities as called out by adrainage control plan. The Director mayrequire the comments from the person whoprepared the original grading plans or soilsreport about changes made during gradingand the effect of the changes.

22.804.210 GRADING MODIFICATIONSDURING CONSTRUCTION

The Director of DCLU may require that gradingoperations and project designs be modifiedduring operations if physical conditions arediscovered on the site which are inconsistentwith the assumptions upon which the approvalwas based, including, but not limited to,unexpected soil and/or water conditions,weather-generated problems, and undue delayscaused by labor disputes.

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CHAPTER 22.808

ADMINISTRATION ANDENFORCEMENT

22.808.010 EXCEPTIONS TOREQUIREMENTS

A. General. Requests for exceptions to therequirements of this subtitle shall be madeaccording to this section. Exceptions shallinclude alternative requirements, waivers,reductions, or modifications of therequirements. An exception shall only begranted to the extent necessary to meet thecriteria set forth in this Section. An applicantis not entitled to an exception, whether or notthe criteria allowing approval of an exceptionare met. The Director may require anapplicant to submit an engineer’s report oranalysis with a request for an exception.When an exception is granted, the Directormay impose new or additional requirementsto offset or mitigate harm that may be causedby granting the exception, or that would havebeen prevented if the exception had not beengranted.

B. Equally Protective Exceptions. TheDirector may approve a request for anexception if the Director determines that it islikely to be equally protective of publichealth, safety and welfare, the environment,and public and private property as therequirement from which an exception issought.

C. Other Exceptions. The Director mayapprove a requested exception even if it is notequally protective of public health, safety andwelfare, the environment, and public andprivate property, or if the Director cannotdetermine whether it is equally protective, ifthe Director determines that substantialreasons exist for approving the requestedexception. substantial reasons may include,but are not limited to:

1. The requirement is not technicallyfeasible;

2. An emergency situation necessitatesapproval of the exception;

3. No reasonable use of the property ispossible unless the exception is approved;

4. The requirement would cause harm or asignificant threat of harm to public health,safety and welfare, the environment, orpublic and private property, or wouldcause extreme financial hardship, whichoutweighs its benefits, and the requestedexception would not cause significantharm.

D. Public Notice. Public notice of anapplication for an exception under the criteriaset forth in subsections C3 and C4 above, andof the Director’s decision on the applicationshall be provided in the manner prescribedfor Type II land use decisions, as set forth inSMC Chapter 23.76.

E. Appeal. In addition to rights underChapter 3.02 of the Seattle Municipal Code,any person aggrieved by a Director’s decisionon an application for an exception undersubsections C3 and C4 above may appeal tothe Hearing Examiner’s Office by filing anappeal, with the applicable filing fee, as setforth in SMC 23.76.022.

F. Burden of Proof on Appeal. The HearingExaminer shall affirm the Director’sdeterminations unless a determination isclearly erroneous. The person requesting anexception has the burden of proving, by apreponderance of the evidence, all issuesrelated to justifying the exception.

22.808.020 LIABILITY AND DEFENSES OFRESPONSIBLE PARTIES

A. Who Must Comply. It is the specific intentof this subtitle to place the obligation ofcomplying with its requirements upon theresponsible parties, as defined inSection 22.801.190. The City of Seattle andits agencies are intended to have the sameobligation for compliance when the City is aresponsible party. No provision of this

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subtitle is intended to impose any other dutyupon the City or any of its officers oremployees.

B. Joint and Several Liability. Eachresponsible party is jointly and severallyliable for a violation of this subtitle. TheDirector of SPU or the Director of DCLU orboth of them may take enforcement action, inwhole or in part, against any responsibleparty. All applicable civil penalties may beimposed against each responsible party. Inthe event enforcement action is taken againstmore than one responsible party, recoverabledamages, costs, and expenses may beallocated among the responsible parties bythe court or the Hearing Examiner basedupon the extent to which each responsibleparty’s acts or omissions caused theviolation, unless this factor cannot bedetermined, or the party receiving theallocation under this factor is unable tocorrect the violation, or is unable to pay thedamages, costs, expenses, and any penaltyimposed, in which case the trier of fact shallconsider:

1. Awareness of the violation;

2. Ability to correct the violation;

3. Ability to pay the damages, costs, andexpenses;

4. Cooperation with government agencies;

5. Degree to which any impact or threatenedimpact on water or sediment quality,human health, or the environment isrelated to acts or omissions by eachresponsible party.

6. Degree to which the responsible partiesmade good faith efforts to avoid aviolation or to mitigate its consequences;and

7. Other equitable factors.

C. Defenses. A responsible party shall not beliable under this subtitle when the responsibleparty carries the burden of proving, by apreponderance of the evidence, one of thefollowing defenses:

1. The violation was caused solely by an actof God;

2. The violation was caused solely byanother responsible party over whom thedefending responsible party had noauthority or control and the defendingresponsible party could not havereasonably prevented the violation;

3. The violation was caused solely by a priorowner or occupant when the defendingresponsible party took possession of theproperty without knowledge of theviolation, after using reasonable efforts toidentify violations. However, thedefending responsible party shall be liablefor all continuing, recurrent, or newviolations after becoming the owner oroccupant.

4. The responsible party implemented andmaintained all appropriate drainagecontrol facilities, treatment facilities, flowcontrol facilities, erosion and sedimentcontrols, source controls and bestmanagement practices identified in rulespromulgated by the Director of DCLU andthe Director of SPU, or in manualspublished by the State Department ofEcology until superseded by rules of theDirectors, or as otherwise identified andrequired of the responsible party by theDirector in writing pursuant to thissubtitle.

22.808.025 RIGHT OF ENTRY

With the consent of the owner or occupier of abuilding or premises, or pursuant to a lawfully-issued warrant, the Director of DCLU may entera building or premises at any reasonable time toperform the duties imposed by this code.

22.808.030 ENFORCEMENT ACTIONS

A. Investigation. The Director of SPU or theDirector of DCLU or both of them mayinvestigate any site where there is reason tobelieve that there may be a failure to complywith the requirements of this subtitle.

B. Notice of Violation.

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1. Issuance. Whenever the Directordetermines that a violation of this subtitlehas occurred or is occurring, the Directoris authorized to issue a Notice of Violationto the property owner or other responsibleparty. The Notice of Violation shall beconsidered an order of the Director.

2. Contents.

a. The Notice of Violation shall includethe following information:

(1) A description of the violation andthe action necessary to correct it;

(2) The date of the notice; and

(3) A deadline by which the actionnecessary to correct the violationmust be completed.

b. A Notice of Violation may be amendedat any time to correct clerical errors andto add citations of authority.

3. Service. The Director of SPU or theDirector of DCLU shall serve the noticeupon the responsible party either bypersonal service or by certified mail,return receipt requested, sent to the party’slast known address and, where possible,by posting a copy on the site. Service bycertified mail shall be effective on the dateof mailing. If the whereabouts of theresponsible party is unknown and cannotbe ascertained in the exercise ofreasonable diligence, and either Directormakes an affidavit to that effect, thenservice may be accomplished bypublishing the notice once each week fortwo consecutive weeks in the City officialnewspaper.

C. Alternatives to Notice of Violation.

1. Stop Work Order.

a. In lieu of issuing a Notice of Violation,the Director of SPU or the Director ofDCLU may order work on a sitestopped when he or she determines it isnecessary to do so in order to obtaincompliance with or to correct aviolation of any provision of thissubtitle or rules promulgated hereunder

or to correct a violation of a permit orapproval granted under this subtitle.The stop work notice shall contain thefollowing information:

(1) A description of the violation; and

(2) An order that the work be stoppeduntil corrective action has beencompleted and approved by eitherDirector.

b. The stop work order shall be postedconspicuously on the premises orpersonally served on the propertyowner or other person known to beresponsible for the work. It is unlawfulfor any work to be done after posting orservice of a stop work order, exceptwork necessary to conduct the requiredcorrective action, until authorization toproceed is given by either Director. Itis unlawful for any person to remove,obscure or mutilate a posted stop workorder.

2. Emergencies.

a. The Director of SPU and the Directorof DCLU are each authorized to enterany property when it reasonablyappears that a condition associated withgrading, drainage, erosion control or adrainage control facility creates asubstantial and present or imminentdanger to the public health, safety orwelfare, the environment, or public orprivate property. The Director of SPUand the Director of DCLU each mayenter property without permission or anadministrative warrant in the case of anextreme emergency placing human life,property or the environment inimmediate and substantial jeopardywhich requires corrective action beforeeither permission or an administrativewarrant can be obtained.

b. The Director of SPU or the Director ofDCLU or both of them may order theresponsible party to take correctiveaction and set a schedule forcompliance and may require immediate

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compliance with an order to correct.Any emergency which is not correctedas ordered by the Director of SPU orthe Director of DCLU is a publicnuisance which each Director isauthorized to abate summarily. Thecosts of abatement shall be collected asset forth in Section 22.808.080.

D. Appeal of Director’s Decisions. Any Noticeof Violation or final order other than a stopwork order or emergency order issued by theDirector of SPU or the Director of DCLUpursuant to this subtitle may be appealed tothe Hearing Examiner by an aggrievedperson. Appeals shall be initiated by filing awritten notice with the applicable fee, as setforth in SMC Section 23.76.022. When, asset forth in Section 22.808.070, an invoice isissued without a prior hearing, the appealperiod shall commence upon issuance of theinvoice.

E. Filing Notice or Order. A Notice ofViolation, voluntary compliance agreementor an order issued by a Director of SPU,Director of DCLU, Hearing Examiner ormunicipal Judge, may be filed with the KingCounty Department of Records andElections.

F. Change of Ownership. When a Notice ofViolation, voluntary compliance agreementor an order issued by a Director of SPU,Director of DCLU, Hearing Examiner ormunicipal Judge has been filed with the KingCounty Department of Records andElections, a Notice of Violation or an orderregarding the same violations need not beserved upon a new owner of the propertywhere the violation occurred. If no Notice ofViolation or order is served upon the newowner, the Director of SPU or Director ofDCLU may grant the new owner the samenumber of days to comply as was given theprevious owner. The compliance period forthe new owner shall begin on the date that theconveyance of title to the new owner iscompleted.

22.808.040 ENFORCEMENT OF NOTICE OFVIOLATION

A. Hearing Examiner and Municipal Court.The Director of SPU or Director of DCLU orboth of them may choose to enforce a Noticeof Violation through either of the followingmeans:

1. An enforcement hearing through theHearing Examiner’s Office, as set forth inthis Section; or

2. Referral to the City Attorney’s Office foraction in the appropriate court accordingto that court’s normal rules andprocedures.

B. Enforcement Through HearingExaminer’s Office. Enforcement actionsthrough the Hearing Examiner’s Office shallproceed according to this subsection.

1. Hearing Schedule. The HearingExaminer’s Office shall schedule ahearing after notification by the Directorthat enforcement will be pursued throughthe Hearing Examiner’s Office.

2. Conduct of the Hearing. The HearingExaminer shall conduct a hearing on theviolation pursuant to the rules ofprocedure of the Hearing Examiner, asmodified by this Section. The Director,the person to whom the Notice ofViolation was issued, and any otherresponsible party regarding the mattersaddressed in the Notice of Violation mayparticipate as parties in the hearing, withor without representation by an attorney.Each party may call and compel theattendance of witnesses.

3. Standard of Review and Burden of Proof.The determinations of the Director of SPUand the determinations of the Director ofDCLU shall be accorded substantialweight by the Hearing Examiner. Thedefending responsible party has the burdenof proving by a preponderance of theevidence all defenses, mitigating factorsand objections to the required correctiveaction or schedule.

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4. Hearing Examiner’s Order. The HearingExaminer shall affirm, vacate or modifythe Director’s determinations. TheHearing Examiner shall issue an orderwithin 15 days following the close of therecord unless all parties agree to anextension of time. The order shall containthe following information:

a. The decision regarding the allegedviolation;

b. Findings of fact and conclusions basedthereon in support of the decision;

c. The required corrective action (if any);

d. The date and time by which thecorrective action must be completed;

e. The monetary penalties and other costs,expenses, or damages being assessedagainst the responsible party;

f. Notice that the responsible party hastwenty-one days from the date ofissuance of the decision to petition forjudicial review; and

g. Authorization for the City to abate orcorrect the violation followingexpiration of the appeal period and thetime set for compliance with the orderif the responsible party has notcompleted the required correctiveaction, and to charge the responsibleparty for its costs, as set forth inSection 22.808.080. The order shallnot require the City to abate or correctthe violation.

5. Failure to Appear. If the responsible partyto whom the Notice of Violation wasissued fails to appear at a scheduledhearing before the Hearing Examiner, andno other responsible party appears todefend, then, upon an offer of proof by theCity, which may be made by declaration,the Hearing Examiner shall issue an orderfinding that the violation occurred. Theorder shall contain the information setforth in subsection B4 above. In theabsence of an offer of proof by the City,the Hearing Examiner shall issue an order

finding the responsible party to be indefault, and setting forth the penalties andother relief described in subsection B4.

22.808.050 VOLUNTARY COMPLIANCEAGREEMENT

A. Initiation. Either a responsible party or theDirector of SPU or the Director of DCLUmay initiate negotiations for a voluntarycompliance agreement at any time. NeitherDirector has any obligation to enter into anyvoluntary compliance agreement.

B. Contents. A voluntary complianceagreement shall set forth actions to be takenby the responsible party that will correct pastor existing violations of this subtitle. It mayalso set forth actions to mitigate the impactsof violations. The voluntary complianceagreement shall set forth a schedule forcompletion of the corrective and mitigatingactions. It shall contain a provision allowingthe Director of SPU and the Director ofDCLU to inspect the premises to determinecompliance with the agreement.

C. Effect of Agreement.

1. A voluntary compliance agreement is abinding contract between the partyexecuting it and the City. It is notenforceable by any other party. Allvoluntary compliance agreements shallprovide that the responsible party agreesthe City may perform the actions set forthin the agreement if the responsible partyfails to do so according to the terms andschedule of the agreement, and theresponsible party will pay the costs,expenses and damages the City incurs inperforming the actions, as set forth inSection 22.808.080 regarding abatements.By entering into a voluntary complianceagreement, a responsible party waives theright to an administrative appeal of theviolation.

2. Penalties may be reduced or waived ifviolations are corrected or mitigatedaccording to the terms and schedule of avoluntary compliance agreement. If the

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responsible party fails to performaccording to the terms and schedule of thevoluntary compliance agreement, penaltiesfor each violation addressed in theagreement may be assessed starting fromthe date the violation occurred.

D. Modification. The terms and schedule of thevoluntary compliance agreement may bemodified by mutual agreement of theresponsible party and either Director ifcircumstances or conditions outside theresponsible party’s control, or unknown atthe time the agreement was made, or otherjust cause necessitate such modifications.

22.808.060 PENALTIES AND DAMAGES

A. Commencement of Penalties. The HearingExaminer and any Judge hearing mattersunder this subtitle has the following optionsin assessing monetary penalties:

1. Assess monetary penalties beginning onthe date the Notice of Violation was issuedand thereafter; or

2. Assess monetary penalties beginning onthe correction deadline set by the Directoror an alternate deadline for correctiveaction set by the Judge or HearingExaminer, and thereafter; or

3. Assess no monetary penalties; or

4. When it appears likely the responsibleparty will perform the required correctiveaction, suspend assessment of the penaltyconditioned upon completion of thecorrective action by the ordered deadline.

B. Schedule of Penalties.

1. Basic Penalty. Each day or portion thereofduring which a violation of this subtitleexists is a separate violation of thissubtitle. The cumulative monetary penaltyfor each violation of this subtitle shall beas follows:

a. The penalty for the first day a violationexists is one hundred dollars;

b. The penalty for the second day aviolation exists is two hundred dollars;

c. The penalty for the third day a violationexists is three hundred dollars;

d. The penalty for the fourth day aviolation exists is four hundred dollars;

e. The penalty for each day a violationexists beyond four days is five hundreddollars.

Schedule of Penalties per ViolationDay Fine for Cumulative

that Day Total

1 $100 $100

2 $200 $300

3 $300 $600

4 $400 $1000

5 $500 $1500

6&up $500

2. Triple penalties. Penalties may be trebledfor:

a. A repeat violation, which means anadditional violation of a requirement ofthis subtitle for which the responsibleparty has previously received a Noticeof Violation and failed to correct theviolation by the compliance date;

b. A violation resulting in physical harmto persons or to private or publicproperty;

c. A knowing or deliberate violation;

d. A violation resulting from grossnegligence or reckless conduct.

3. Reduction of Penalties. Penalties may bereduced based upon one or more of thefollowing mitigating factors:

a. The person showed due diligenceand/or substantial progress incorrecting the violation;

b. Another responsible party was theprimary cause of the violation;

c. The person was unaware of theviolation and had not acted negligentlyor recklessly.

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4. Penalty for Significant Violation.Responsible parties for violations causingsignificant harm to public health, safety orwelfare, the environment, or public orprivate property shall be assessed thepenalties set forth in the schedule above,or an amount equivalent to the economicbenefit the responsible party derived fromthe violation, whichever is greater.“Significant harm” is harm which cannotbe fully corrected or mitigated by theresponsible party, and which cannot beadequately compensated for by assessmentof penalties, costs, expenses or damagesunder this subtitle. Economic benefit maybe determined by an increase in marketvalue of property, value received by theresponsible party, savings in costs realizedby the responsible party, increased incometo the responsible party, or any othermethod reasonable under thecircumstances.

C. Damages. Whoever violates any of theprovisions of this subtitle shall, in addition toany penalties provided for such violation, beliable for any cost, expense, loss or damageoccasioned thereby to the City, plus a chargeof 15% for administrative costs. This subtitledoes not establish a cause of action that maybe asserted by any party other than the City.Penalties, damages, costs and expenses maybe recovered only by the City.

D. Effect of Payment of Penalties. The personto whom an order is directed is not relievedof the duty to take corrective action to correctthe violation by payment of a monetarypenalty pursuant to this subtitle.

22.808.070 COLLECTION OF COSTS ANDPENALTIES

A. Invoice and Demand for Payment. Wheneither Director has abated a public nuisanceor corrected a violation of this subtitle and ahearing has not been conducted, the Directorshall issue an invoice and demand forpayment of the City’s abatement costs. Theinvoice shall include:

1. The amount of the City’s abatement orcorrection costs;

2. Either a legal description of the propertycorresponding as nearly as possible to thatused for the property on the rolls of theKing County Assessor or, where available,the property’s street address;

3. A notice that the Director’s determinationsregarding the abatement and correction,including the amount owed, may beappealed to the Hearing Examiner byfollowing the procedure set forth in SMCSection 23.76.022;

4. Notice that if the amount due is not paidwithin 30 days, the outstanding balancemay be collected in any of the manners setforth in subsection B of this Section; and

5. Notice that interest shall accrue on theunpaid balance.

B. Collection Following a Hearing. TheDirector of DCLU and the Director of SPUare not required to issue an invoice forpayment when a hearing has been conductedas set forth in Section 22.808.040, and anorder has issued imposing any penalties,costs, damages, expenses or abatement costs.If the order is not appealed within 15 days ofmailing or other delivery of the order to theresponsible party, the Director of DCLU orthe Director of SPU may immediately seek tocollect the amounts owed by:

1. Referral to the City Attorney’s Office foraction in the appropriate court; or

2. Referral, after consultation with the CityAttorney’s Office to a collection agency;or

3. Addition of a surcharge in the amountowed under the order to the bill fordrainage and wastewater services to thesite. If unpaid, the surcharge may becomea lien on the property, may be foreclosed,and may accrue interest as provided bystate law or SMC Section 21.33.110.

22.808.080 PUBLIC NUISANCE

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A. Abatement Required. A public nuisanceaffecting stormwater, drainage, erosioncontrol, grading and other public nuisancesset forth in this Section are violations of thissubtitle. A responsible party shallimmediately abate a public nuisance uponbecoming aware of its existence.

B. Dysfunctional Facility or Practice. Anyprivate drainage control facility or bestmanagement practice relating to grading,stormwater, drainage control or erosion notinstalled or maintained as required by thissubtitle, or otherwise found to be in a state ofdysfunction creating, presently or in the eventof a design storm, a threat to the publichealth, safety or welfare, the environment, orpublic or private property is hereby declaredto be a public nuisance.

C. Obstruction of Watercourse. Obstructionof a watercourse without authorization by theDirector, and obstruction in such a manner asto increase the risk of flooding or erosionshould a design storm occur, is herebydeclared to be a public nuisance.

D. Dangerous Conditions. Any conditionrelating to grading, stormwater, drainage orerosion which creates a present or imminentdanger, or which is likely to create a dangerin the event of a design storm, to the publichealth, safety or welfare, the environment, orpublic or private property is hereby declaredto be a public nuisance.

E. Abatement by the City. The Director ofSPU and the Director of DCLU areauthorized, but not required, to investigate acondition that either Director suspects ofbeing a public nuisance under this subtitle,and to abate any public nuisance. If a publicnuisance is an immediate threat to the publichealth, safety or welfare or to theenvironment, the Director of SPU or theDirector of DCLU may summarily andwithout prior notice abate the condition. TheDirector of SPU or the Director of DCLUshall give notice of the abatement to theresponsible party as soon as reasonablypossible after the abatement.

F. Collection of Abatement Costs. The costsof abatement may be collected from theresponsible party, including a reasonablecharge for attorney time and a 15 percentcharge for administrative expenses as setforth in Section 22.808.060C. Abatementcosts and other damages, expenses andpenalties collected by the City shall go intoan abatement account for the departmentcollecting the monies. The money in theabatement account shall be used forabatements and corrections of violationsconducted by the City. When the account isinsufficient the Director of SPU and theDirector of DCLU may use other availablefunds.

22.808.090 VIOLATIONS

A. Civil Violations.

1. General. It is a violation of this subtitle tonot comply with any requirement of, or toact in a manner prohibited by, this subtitle,or a permit, approval, rule, manual ororder issued pursuant to this subtitle.

2. Aiding and Abetting. It is a violation ofthis subtitle to aid, abet, counsel,encourage, commend, incite, induce, hireor otherwise procure another person toviolate this subtitle.

3. Alteration of Existing Drainage. It is aviolation of this subtitle to alter existingdrainage patterns which serve a tributaryarea of more than five acres withoutauthorization or approval by the Director.

4. Obstruction of Watercourse. It is aviolation of this subtitle to obstruct awatercourse without authorization orapproval by the Director.

5. Dangerous Condition. It is a violation ofthis subtitle to allow to exist, or cause orcontribute to, a condition of a drainagecontrol facility, or condition related tograding, stormwater, drainage or erosionthat is likely to endanger the public health,safety or welfare, the environment, orpublic or private property.

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6. Interference. It is a violation of thissubtitle for any person to interfere with orimpede the correction of any violation, orcompliance with any notice of violation,emergency order, stop work order, or theabatement of any nuisance.

B. Criminal Violations.

1. Failing to Comply with Orders. Failing tocomply with an order properly issuedpursuant to this subtitle by the Director ofSPU, the Director of DCLU, the HearingExaminer, or a Judge is a criminalviolation, punishable upon conviction by afine of not more than $5,000 per day ofeach violation or imprisonment for eachviolation for not more than 360 days orboth such fine and imprisonment.

2. Tampering and Vandalism. Tamperingwith or vandalizing a drainage controlfacility or other best management practice,a public or private drainage controlsystem, monitoring or sampling equipmentor records, or notices posted pursuant tothis subtitle is a criminal violation,punishable upon conviction by a fine ofnot more than $5,000 or imprisonment fornot more than 360 days or both such fineand imprisonment.

3. Repeat Violations. Anyone violating thissubtitle who has had a judgment orHearing Examiner’s order against thempursuant to this subtitle in the precedingfive years, shall be subject to criminalpenalties for the present violation, and,upon conviction thereof, be fined in a sumnot to exceed $5,000 dollars, orimprisonment for not more than 360 days,or both such fine and imprisonment.

22.808.100 ADDITIONAL RELIEF

In lieu of or in addition to any enforcementprocedure provided in this subtitle, the Directorsof SPU and DCLU e may seek any otheravailable legal or equitable relief, including toenjoin any acts or practices and abate anycondition which constitutes or will constitute aviolation of this subtitle or a public nuisance.

22.808.110 SUSPENSION OR REVOCATION

Approvals or permits granted in error, or on thebasis of incomplete, inaccurate or misleadinginformation, or in violation of any law,ordinance or regulation may be suspended orrevoked. Other permits or approvals interrelatedwith an approval suspended or revoked underthis Section, including Certificates ofOccupancy or approvals for occupancy, mayalso be suspended or revoked. When anapproval or permit is suspended or revoked, theDirector of SPU or the Director of DCLU mayrequire the applicant to take corrective action tobring the project into compliance with thissubtitle by a deadline set by the Director of SPUor the Director of DCLU, or may take otherenforcement action.

22.808.120 FEES

Fees for grading permits, drainage control planreview and approvals shall be as set forth in theFee Subtitle, Subtitle IX of Title 22, SeattleMunicipal Code. Fees for recordkeeping orother activities pursuant to this subtitle shall,unless otherwise provided for in this subtitle, beprescribed by ordinance.

22.808.130 FINANCIAL ASSURANCE ANDCOVENANTS

As a condition precedent to issuance of anypermit or approval provided for in this subtitle,the Director of DCLU may require an applicantfor a permit or approval to submit financialassurances as provided in this Section.

A. Insurance.

1. The Director of DCLU may require theowner(s), or contractor to carry liabilityand property damage insurance againstdamage, naming the City as an additionalinsured. The amount shall becommensurate with the risks asdetermined by the Director.

2. The Director of DCLU may also requirethe owner(s) to maintain a policy ofgeneral public liability insurance againstpersonal injury, death, property damageand/or loss from activities conducted

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pursuant to the permit or approval, orconditions caused by such activities, andnaming the City as an additional insured.The policy shall be in an amount whichthe Director determines to becommensurate with the risks. It shallcover a period of not more than ten yearsfrom the date of issuance of a Certificateof Occupancy or finalization of the permitor approval. A certificate evidencing suchinsurance shall be filed with the Directorof DCLU before issuance of a Certificateof Occupancy or finalization of a permitfor any single family dwelling or duplex.

3. The insurance policy shall provide that theCity will be notified of cancellation of thepolicy at least 30 days prior tocancellation. The notice shall be sent tothe Director of DCLU who required theinsurance and shall state the insured’sname and the property address. If aproperty owner’s insurance is canceledand not replaced, the permit or approvaland any interrelated permit or approvalmay be revoked, including a Certificate ofOccupancy or approval for occupancy.

B. Bonds, Cash Deposits or Instruments ofCredit.

1. Surety Bond.

a. The Director of DCLU may require thatthe owner or contractor deliver to theDirector for filing in the Office of theCity Clerk a surety bond, cash depositor an instrument of credit in such formand amounts deemed by the Director tobe necessary to ensure thatrequirements of the permit or approvalare met. A surety bond may befurnished only by a surety companylicensed to do business in the State ofWashington. The bond shall beconditioned that the work will becompleted in accordance with theconditions of the permit or approval, or,if the work is not completed, that thesite will be left in a safe condition. Thebond shall also be conditioned that the

site and nearby, adjacent orsurrounding areas will be restored ifdamaged or made unsafe by activitiesconducted pursuant to the permit orapproval.

b. The bond will be exonerated one yearafter a determination by the Director ofDCLU that the requirements of thepermit or approval have been met. Forwork under a building permit, issuanceof a Certificate of Occupancy orapproval for occupancy following afinal inspection shall be considered tobe such a determination. For grading,completion of the final gradinginspection and submittal of requiredfinal reports in accordance with Section22.804.200 shall be such adetermination.

2. Assurance in Lieu of Surety Bond. In lieuof a surety bond, the owner may elect tofile a cash deposit or instrument of creditwith the Director in an amount equal tothat which would be required in the suretybond and in a form approved by theDirector of DCLU. The cash deposit orinstrument of credit shall comply with thesame conditions as required for suretybonds.

C. Covenants.

1. The Director of DCLU may require acovenant between the owner(s) of theproperty and the City. The covenant shallbe signed by the owner(s) of the site andnotarized prior to issuance of any permitor approval in a potential landslide area,potentially hazardous location, flood pronezone, or other area of potentiallyhazardous soils or drainage or erosionconditions. The covenant shall not berequired where the permit or approval isfor work done by the City. The covenantshall include:

a. A legal description of the property;

b. A description of the property conditionmaking this subsection applicable;

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c. A statement that the owner(s) of theproperty understands and accepts theresponsibility for the risks associatedwith development on the property giventhe described condition, and agrees toinform future purchasers and othersuccessors and assignees of the risks;

d. The application date, type, and numberof the permit or approval for which thecovenant is required; and

e. A statement waiving the right of theowner(s), the owner’s heirs, successorsand assigns to assert any claim againstthe City by reason of or arising out ofissuance of the permit or approval bythe City for the development on theproperty, except only for such lossesthat may directly result from thenegligence of the City.

2. The covenant shall be filed by the Directorof DCLU with the King CountyDepartment of Records and Elections, atthe expense of the owner, so as to becomepart of the King County real propertyrecords.

D. Bonds for Grading Near Public Places.Security for grading activity covered underSection 15.44.020 shall be in accordance withSection 15.44.030.

22.808.140 SEVERABILITY

The provisions of this subtitle are declared to beseparate and severable and the invalidity of anyclause, sentence, paragraph, subdivision, Sectionor portion of this subtitle, or the invalidity of theapplication thereof to any person orcircumstance shall not affect the validity of theremainder of this subtitle or the validity of itsapplication to other persons or circumstances.

22.808.150 DATE OF INITIALENFORCEMENT

The Directors of SPU and Construction andLand Use shall allow existing discharges andland uses six (6) months to adopt operationaland nonstructural best management practices

after adoption of rules or after such bestmanagement practices have been communicatedin writing by the Director following a siteinspection, whichever comes first. TheDirectors shall allow existing discharges andland uses twelve (12) months to install structuralbest management practices after the Directorsdetermine that discharges from a site are causingor contributing to a water quality problem, andnotify the discharger in writing of thatdetermination and of the best managementpractices which must be installed.