
Maintenance Agreements
The property owner is ultimately responsible for the operation and
maintenance and long-term performance of the stormwater quality control
measure(s) on the site. Failure to properly operate and maintain the
measures could result in no treatment of site runoff, or a slug loading of
pollutants to the storm drain system. Both consequences will result in
violation of the local permitting agencies' municipal codes, as well as
state and federal water quality regulations.
For projects installing stormwater quality treatment measures from the
design manual, verification of maintenance is required. This is mandated by
the agencies’ State-issued stormwater permits. The local agencies currently
require execution of a maintenance agreement or covenant with the property
owner, which is recorded with the property deed and follows property
ownership. Such maintenance agreements require reconstruction or replacement
of the feature when it fails to function properly.
Links to Local Permitting Agency Maintenance Covenants
Check with the local permitting agency about their maintenance submittal
and recording requirements. See Appendix B in the
design manual for additional information and sample maintenance
covenants.