As of January 2014, stormwater facilities, systems and LID features are required to have a stormwater maintenance agreement that identifies who is responsible for the operation and maintenance of the system or LID components. This requirement originated with the issuance of the latest Western Washington Phase II Municipal Stormwater Permit, a National Pollution Discharge Elimination System (NPDES) and State Waste Discharge General Permit (Permit) in compliance with provisions of the State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington and the Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code Section 1251 et seq.
The Permit requires that a maintenance plan be completed and responsibility for operation and maintenance be assigned for stormwater treatment and flow control BMPs/facilities at new and redeveloped facilities.
The operation and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This covenant contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. The authority to require maintenance and pollution source control by private property owners is provided by ordinance.