7.39.230 STORMWATER TREATMENT FACILITY MAINTENANCE.

(a) Responsibility and repair of all stormwater treatment facilities shall be the responsibility of the facility owner. The facility owner may transfer maintenance responsibility to the City, but only with the written consent of the City. The facility owner shall remain liable for any spill or contaminant release or facility replacement or repair.

(b) All treatment facilities shall be maintained according to the requirements outlined by the City and documented in an operating permit or maintenance agreement. The facility owner shall provide the City with proof of maintenance in an annual report. The City has the right to mandate a maintenance schedule for the treatment facility as outlined in the operating permit or maintenance agreement.

(c) A notification that the property owner comply with all City stormwater pollution prevention program requirements shall be recorded with the property deed of trust.

(d) If maintenance is provided by a third party (other than the facility owner or the City), the facility owner shall provide City with a copy of the agreement with the third party vendor. The facility owner is still required to comply with a stormwater program operating permit or a maintenance agreement with the City and issue the City a performance bond. The facility owner shall still be held liable for any spill or contaminant release even if the event was caused due to negligence on behalf of the third party.