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Living with an HOA

How do we clean and maintain the storm drain inlets on our private HOA streets?

By OurHOA · General information · Revised

How an HOA board runs a storm drain inlet cleaning program: map your inlets, inspect yearly, clean at half full, hire a vac truck, handle leaf season and dumping.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

If your streets are private, the curb inlets and catch basins along them are probably the association's too, and nobody from the city is coming to clean them. Set up a simple program. Number every inlet on a map. Look into each one at least once a year, after winter and before the spring rains. Have a contractor vacuum out any inlet whose sump is half full of sediment. Add a check after leaf drop. Keep a log of what was found and removed. Then work on the cause: leaves, grass clippings, mulch and concrete washout that owners and contractors push into the gutter. Rules vary by state, by city and by your own governing documents, so read this as a starting plan, not legal advice.

Map the inlets and confirm which ones you own

Start with the recorded plat, the drainage plan the builder filed with the city, and the maintenance section of the declaration. On a copy of the plat, number every curb inlet, grate inlet, yard inlet and manhole, and note where each run drains. The City of Southlake, Texas tells its HOAs that the city maintains public stormwater infrastructure in public rights-of-way and dedicated drainage easements, while the HOA maintains facilities built as part of the development, and that public money cannot be spent on private property. In Colorado, C.R.S. 38-33.3-307(1.5) puts drainage structures the local government required as a condition of development on the association, unless the city or county accepted them for maintenance or a special district handles them by law. If an inlet sits on a public street or in a dedicated public easement, report problems with it to the city and leave it alone. Our guide on fixing standing water and drainage problems in HOA common areas goes deeper on tracing ownership when the plat is unclear.

Inspect once a year and clean on a measured trigger

A catch basin is a box with a sump below the outlet pipe. Sediment settles in the sump, and trash and oil float on the water held there. Once the sump fills, the basin stops catching anything and passes it all downstream to your pond or the creek. The 2004 Connecticut Stormwater Quality Manual, citing EPA, gives the trigger most programs use: clean a catch basin when the deposits are at least half the depth from the bottom of the basin to the invert of the lowest pipe. The same manual says catch basins should be cleaned at least once a year, after the snow and ice season and before spring rain, and more often if a basin is well past the half-depth mark at its yearly inspection. Wisconsin's DNR fact sheet on catch basin cleaning programs lists what to record on each inspection: the condition of the grate and the structure, anything unusual such as signs of illegal dumping, and how much of the sump is full. A volunteer can do this from the street with a flashlight and a measuring pole, never climbing in. Record the inlet number, the date, the sediment depth, the depth to the outlet pipe and a photo.

Hire the cleaning and write the contract tightly

Cleaning is contractor work. EPA's 2021 fact sheet on storm drain system cleaning says it should be done by municipal or contracted professionals trained in the applicable regulations and in cleaning and disposal procedures. It describes two methods: dry cleaning by hand, shovel or vacuum, done first, then wet cleaning by jetting and flushing the pipes. Larger systems are usually cleaned with a vactor truck, a combined vacuum and jet unit. Keep volunteers out of the structures. Under OSHA's confined space standard, 29 CFR 1910.146, a confined space is one a worker can enter but that has limited entry or exit and is not designed for continuous occupancy, and a space that can hold a hazardous atmosphere or other serious hazard is a permit-required confined space. A deep catch basin or manhole can meet both definitions. Put these lines in the scope: the inlet numbers to clean; vacuum removal of sediment and trash from each sump and grate; jetting of named pipe runs only where the board approves it; the contractor handles any confined space entry under its own OSHA program; all material and rinse water is captured and disposed of lawfully at the contractor's expense; and a report for each inlet with the date, the crew, the equipment and the amount removed. That report follows EPA's recordkeeping list and is your proof of maintenance. Wisconsin's fact sheet notes that catch basin material is regulated waste and that landfills may refuse it before it is dewatered, so ask each bidder where the material goes. For a price check, EPA cites a 2005 California survey that found about $170 per catch basin. That figure is old, so treat it as a floor and get three current bids.

A sample year for a 60-home community

Say the community has 22 curb inlets, 4 yard inlets in common area and 6 manholes. January: the board approves the cleaning line in the budget. March, after the last freeze in Colorado or the end of the dry season in Florida: a volunteer inspects every inlet and fills in the log. April: the contractor vacuums every inlet at or above half full and sends the report. May through September: the landscaper checks grates after every mow and storm and clears what sits on top. November, after the leaves come down: a second walk of the inlets under the big trees, and a cleaning of any that filled. EPA's fact sheet gives fall leaf litter as the classic reason a system needs more frequent cleanouts. December: flag any inlet that filled twice. For the pipes themselves, EPA describes Brighton, Colorado's guideline of cleaning the storm drain system every five years, which in practice means about 20 percent of the system each year. A board can borrow that rhythm: jet one fifth of the pipe runs each year, worst first, so no run goes more than five years untouched.

Florida permits and Texas liability

Florida boards have a paperwork duty that boards in many other states lack. Many Florida subdivisions were built under an environmental resource permit, and the association is often the operation and maintenance entity. Florida Administrative Code rule 62-330.311 requires that entity to provide for inspection of the permitted system as described in the Applicant's Handbook and the permit conditions, and to file Form 62-330.311(1) within 30 days of an inspection, or within 30 days of any system failure or deviation from the permit, describing the remedial action taken. Find the permit, read its inspection conditions, and keep the inlet log with the pond records. Under Florida Statutes 373.416(2), the permit stays valid when ownership of the land changes as long as the permittee tells the agency within 30 days, which is why turnover files should hold the permit itself. In Texas, the risk is liability. Texas Water Code 11.086 bars anyone from diverting or impounding the natural flow of surface water in a way that damages another person's property by overflow, and Southlake tells its HOAs that this applies to associations too. An inlet clogged for a season that floods a garage is the kind of fact a lawyer will build on.

Stop the problem at the curb

Most of what fills an inlet comes from the lots and the landscaping crew. EPA's list of common storm drain pollutants includes sediment, oil and grease, antifreeze, paint, cleaners, pesticides, fertilizer, animal waste and detergents. Tell the landscaper in writing to blow clippings and leaves back onto the turf, never into the street. Put the same rule in contractor rules for owner remodels: no concrete washout, paint rinse or tile saw slurry in the gutter. EPA's public involvement page lists storm drain marking as a common volunteer project and points to ready-made marking kits, and many cities run their own marker programs, so ask yours before buying anything. A notice the board can send each fall: 'Every inlet on our streets drains to the pond behind Lot 40, untreated. Please keep leaves, grass, mulch and pet waste out of the gutter, and never rinse paint, concrete or oil into a drain. The association pays to vacuum these inlets, and that cost is in your dues.' When an owner or their contractor damages an inlet, follow your enforcement policy. In Texas, Property Code 209.006 requires written notice by certified mail before an association charges an owner for property damage or levies a fine, with a chance to cure and to request a hearing within 30 days. In Florida, 720.305(2) caps fines at $100 per violation and $1,000 in the aggregate unless the governing documents say otherwise, and requires notice and a hearing first.

Mistakes boards make with inlets

The board assumes the city cleans the inlets because the streets look public. A volunteer climbs into a manhole with a bucket. A contractor jets the pipes and flushes a year of sediment into the pond, and the board pays for dredging later. Nobody keeps a log, so when the pond silts up or the water management district asks for inspection records, the association has nothing to show. Fix the log first, because every other step depends on it. Our guide on setting up an HOA retention pond maintenance schedule covers the pond where most of these inlets end, and the two logs belong in the same binder.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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