Chapter 6 Post-Construction and Operations and Maintenance Guidance

Chapter 6, Post‑Construction and Operations and Maintenance Guidance, provides direction for the property owner on how to inspect and maintain stormwater management practices (SMPs) and associated drainage areas (Section 6.1). PWD conducts regular post-construction stormwater management maintenance inspections on private property. Enforcement procedures will be utilized when necessary for deficiencies found during these inspections (Section 6.2). Chapter 6 also provides information on stormwater credits, for which property owners may be eligible following SMP construction, in Section 6.3.

Post construction, the property owner assumes responsibility for inspecting and maintaining all installed stormwater management practices (SMPs) and associated drainage areas in accordance with their Operations and Maintenance (O&M) Agreement. Additionally, there may be other O&M responsibilities from the Philadelphia Water Department (PWD) Stormwater Regulations (Stormwater Regulations) (Section 1.2), design criteria for Stormwater Retrofit projects that have received Stormwater Grant funding, and Philadelphia Property Maintenance Code requirements that apply. SMPs and associated drainage areas must be continually inspected and maintained to ensure the long-term functionality of the approved design. Property owners are expected to document the inspection and maintenance activity for each SMP. Maintenance and inspection records should be submitted when applying for Stormwater Credit renewals (Section 6.3). These records can also assist PWD staff during the Department’s own periodic inspections. An SMP-specific and site-specific SMP Maintenance Guide, prepared by the designer and reviewed by PWD during the Post-Construction Stormwater Management Plan (PCSMP) Review Phase, should be provided to the property owner as a road map for the long-term upkeep of on-site SMPs. The Manual’s Appendix G includes a compiled SMP Maintenance Guide sample for reference, along with SMP Maintenance Schedule Form templates and related maintenance information.

Operations and Maintenance Agreement

O&M Agreements are created during the development phase of a project and recorded against the property’s deed with the Philadelphia Department of Records. Accordingly, these Agreements remain tied to the land—not the owner—whenever the property is sold or otherwise conveyed. Thus, when a new owner acquires the property, they also assume all maintenance responsibilities outlined in the Agreement. PWD does not pursue legal action against property owners for projects that do not advance to construction.

The property owner of record is bound by the O&M Agreement and must maintain the SMPs so that they perform adequately and as designed. Furthermore, the Agreement requires that the property owner maintain the site in accordance with the Approved PCSMP and prohibits alterations, including the conversion of pervious areas to impervious cover, without authorization from PWD. In certain types of developments, a Homeowner’s Association (HOA) or Condominium Association (COA) may assume maintenance responsibilities. In these cases, PWD recommends that all O&M responsibilities associated with SMPs be incorporated into the legal declaration of the HOA or COA.

Property owner inspections

As described in Chapter 4, SMPs consist of multiple components (e.g., inflow, conveyance, storage, outflow, vegetation, and so on). Each of these components must be regularly inspected and maintained to ensure proper functionality. Property owners, or those parties designated to conduct inspections on an owner’s behalf, must have a strong working knowledge and understanding of each SMP and its critical design components prior to conducting inspections (Chapter 4).

Frequent property owner SMP inspections are critical to identifying and remediating minor maintenance concerns before they potentially become major issues requiring costly repairs. Property owners should perform routine inspections at least four times per year, preferably at the close of each season, though additional inspections are recommended throughout the year—particularly during and after large rain events—to ensure that SMPs are functioning as designed.

An inspection’s primary purpose is to ensure the SMP is functioning correctly; if it is not, corrective actions must be identified to restore proper function. An optimally functioning SMP will allow water to freely enter each inflow point, collect within its storage areas, infiltrate into the soil, and—depending on the design—freely drain through an outlet control structure to a downstream conveyance system. During inspections, owners should look for the following conditions:

• Emergency spillways and overflows are clear of debris;
• Plants within properly functioning SMPs are healthy and thriving;
• Bare soil or areas of active erosion are not present;
• Structures appear sound and in good condition, with no signs of settlement; and
• Storage areas are slowly draining following significant rain events (in no more than 72 hours) and are free of significant accumulations of sediment, debris, and trash that would substantially reduce available storage volume.

If any of these conditions are absent, maintenance is likely required. Detailed information on conducting inspections is available in Chapter 4, within each individual SMP section.

Owners should note that proper and thorough inspection may require special certifications for confined space entry and/or special equipment, like closed-circuit television systems to inspect pipes. It is the property owner’s responsibility to ensure all inspections are conducted safely, following all applicable regulations and using the appropriate equipment.

Property owner maintenance

By conducting routine SMP maintenance, property owners can identify and address minor maintenance tasks and reduce the need for larger, more expensive repairs in the future. If SMPs begin to fail, the subsequent increase in stormwater loading on the sewer systems may contribute to backups and combined sewer overflows into nearby rivers. This can cause harm to aquatic life, endanger public health and safety, and violate State and Federal water quality laws.

The necessary routine maintenance will be determined by the characteristics of the property’s site and installed SMPs. The owner is advised to review Chapter 4 for maintenance guidance specific to their property’s SMP types. While Chapter 4’s maintenance guidelines present typical maintenance tasks and frequencies for the various SMPs described, be aware that SMP Maintenance Guides are SMP- and site-specific. These guides are prepared by the project’s designer and should be provided to, and implemented by, the property owner for long-term O&M of the on-site SMPs.

Although each property’s maintenance will be determined by its site and installed SMPs, examples of common routine maintenance tasks include, but are not limited to, the following:

• Removal of sediment and debris from inlets and outlet control structures, storage areas, and conveyance pipes;
• Clearing trash, sediment, and debris from outlet structure trash racks and orifices;
• Jetting/flushing and vacuuming of subsurface basin pipes;
• Regular maintenance of pretreatment structures including removal of sediment and debris from permanent filter bags and resetting dislodged pretreatment hoods;
• Establishment watering for new plantings (during the first two to three years after the initial planting);
• Emergency watering during prolonged dry periods;
• Minor replanting, reseeding, and re-grading;
• Removal of invasive plants or weed species and replanting with approved species (The owner is referred to Appendix I, Plant Lists, for more information);
• Pruning of trees and shrubs, as appropriate, prior to winter months;
• Mulching (taking care to maintain proper relative elevations with adjacent stormwater structures);
• Replacement of worn bolts, latches, and other appurtenances;
• Minor asphalt or concrete patching/repair;
• Maintenance of porous surfaces to ensure proper infiltration, and;
• Minor erosion repairs, including slope stabilization.

The above tasks are associated with SMPs that are generally in good condition and properly functioning. If SMPs are not properly functioning, more extensive maintenance or repairs may be needed. These may include, but are not limited to, full excavation or removal and replacement of permanently clogged media, porous surfaces, or subsurface components.

Proper execution of routine maintenance tasks may require entry to confined spaces and/or the use of specialized equipment. Property owners are responsible for safely conducting maintenance activities per applicable regulations and using the appropriate equipment and properly trained personnel. Some SMPs, such as porous surfaces and subsurface basins, require specialized equipment and/or training to maintain. PWD has a list of local contractors who provide SMP maintenance services. This list is not all-inclusive and does not constitute a recommendation of the companies contained there; rather, these are businesses that have a track record of performing stormwater management maintenance. The property owner may, of course, hire any qualified stormwater professional of their choice.

Site modifications

Any proposed changes to a site’s SMPs, drainage configurations, or cover type must be approved by PWD to confirm that the modification will not adversely affect the property’s continued compliance with the Stormwater Regulations or approved stormwater management design. This includes notifying PWD if any site improvements are planned to the property that could impact SMP functionality or regulatory compliance, such as changes in site grading, stormwater drain location/configuration, or the addition of new impervious areas like walkways, patios, decks, driveways, parking lots, sheds, or buildings. Modifications may require the submission of a field change for PWD review and approval prior to initiation. Unauthorized removal or modifications of any SMPs or drainage areas will result in enforcement actions by PWD.

As a part of its compliance obligations under agreements with the Pennsylvania Department of Environmental Protection, the Philadelphia Water Department (PWD) is required to periodically inspect and ensure the proper operation and maintenance of all stormwater management practices (SMPs) and associated drainage areas installed on private properties.

6.2.1 PWD Post‑Construction Inspections

PWD periodically inspects properties to check the functionality of the SMPs and associated drainage areas. Department staff will contact the property owner of record to schedule these inspections, which will generally occur within standard business hours. During an inspection, PWD inspectors confirm that SMPs are being maintained in accordance with the approved Post-Construction Stormwater Management Plan (PCSMP) and Operations and Maintenance (O&M) Agreement, and that all SMPs and drainage areas are functioning as designed. After inspection, PWD will provide the property with a Post-Construction Stormwater Management Maintenance Inspection Report detailing the results of the inspection and identifying any SMPs or features requiring maintenance or corrective action. The property owner is responsible for addressing all required corrective actions by the deadline indicated in the report. If a project remains noncompliant due to unresponsiveness, or has not reached compliance by a communicated deadline, the project will be referred to Post-Construction Enforcement. Certain site conditions may warrant immediate referral to Post-Construction Enforcement.

6.2.2 PWD Post‑Construction Enforcement

Deadlines to submit documentation or complete required corrective actions will be provided during the Post-Construction Enforcement process. Documentation requirements and deadlines must both be met to avoid escalated enforcement action. Enforcement may include, though is not limited to, the issuance of a Notice of Violation and Order to Correct (NOV), suspension of stormwater billing credits, imposition of daily fines, issuance of an administrative order, filing of an enforcement action in court, and abatement by the City and billing for expenses (including administrative expenses).

In some cases, post-construction field changes may be required to correct a non-compliant site condition. The submission process and requirements for a post-construction field change will be communicated by the Post-Construction Enforcement case coordinator.

All properties within the city of Philadelphia are charged a monthly Stormwater Management Service Charge (Stormwater Charge). Residential customers are charged a flat rate, and non-residential, condominium, and multi-family residential customers (more than four dwelling units per parcel) are charged by the amount of gross and impervious areas on the parcel. To determine a property’s current monthly Stormwater Charge, the Philadelphia Water Department’s (PWD’s) Stormwater Parcel Viewer can be used. If a parcel appears to be charged incorrectly, the applicant may contact pwd.stormwaterappeals@phila.gov or refer to the Stormwater Management Service Charge Credits and Appeals Manual (Credits and Appeals Manual) for more information on how to adjust the charge.

To assist non-residential, condominium, and multi-family residential customers (more than four dwelling units per parcel) in reducing their stormwater fees, PWD has implemented Stormwater Credits. This program is administered by PWD Stormwater Billing and Incentives and provides financial incentives to customers who help the City meet its stormwater management goals by mitigating stormwater runoff using stormwater management practices (SMPs) and preserving existing conditions on the parcel that are favorable for stormwater management, such as high-quality vegetated areas and disconnecting impervious areas from the sewer system. Building and maintaining these stormwater-friendly characteristics on a site is one way for property owners to play a part in the City’s climate change adaptation efforts. In addition, property owners who choose to install and maintain functioning SMPs, retain pervious open space, and/or incorporate stormwater disconnections on their site may be eligible for stormwater credits. The Stormwater Credits Explorer can be used to estimate the stormwater credits savings for implementing SMPs. To apply for stormwater credits, a Stormwater Credits Application (Form B) must be completed after construction has concluded, PWD has approved the submitted Record Drawings, the property has a recorded O&M Agreement, and all water accounts and applicable fines associated with the property are brought up to date.

There is no fee to apply for stormwater credits with a Form B. Credits expire four years from their effective date. It is the property owner’s responsibility to submit a Stormwater Credits Renewal Application (Form C) at least 30 days before the expiration date, along with a Renewal Fee. Records of inspections and maintenance activities are required to support credit renewal applications. Applicants are referred to the Credits and Appeals Manual for more comprehensive guidance.