When a new property is developed, the work does not stop once the concrete sets and the landscaping looks good. Behind the scenes, one of the most important responsibilities is still on the table. That responsibility is establishing an O&M agreement. It is not flashy, but it is essential.
What is an O&M Agreement?
An O&M agreement, short for Operations and Maintenance agreement, also called a Water Quality Maintenance Plan (WQMP), is a legal contract that outlines how a stormwater system will be maintained over time. Most city or state agencies require this document before a development is considered complete. It ensures that stormwater features like drains, biofiltration systems, and retention basins remain functional year after year.
Stormwater systems can fail when they are not regularly maintained. That failure causes problems like erosion, flooding, and pollution. An O&M agreement protects the property, the surrounding environment, and the people who live and work nearby.
Key Components of a Storm System O&M Agreement
A solid O&M agreement includes a few core components that keep everything running smoothly. These should always be part of the document:
- The party responsible
This identifies who is on the hook for maintenance. It could be a property owner, a homeowners’ association, a developer, or even a city department. - Maintenance requirements
These describe how often inspections need to happen and what kind of cleaning or repairs are required to keep the system working. - Inspection and reporting
These sections outline when reports should be submitted and what information needs to be documented during each inspection. - Access and enforcement
This part allows officials to check the system to make sure everything is in line with the agreement. - Long-term commitment
The agreement must cover the full life of the system. Maintenance responsibility cannot disappear. It must be formally transferred if ownership changes.
Each section plays a role in making sure no one can shrug and say they didn’t know they were supposed to do something. A well-structured O&M agreement keeps the record clear and the property protected.
Who Develops an O&M Agreement
Setting up an O&M agreement is a team effort. Several professionals might be involved in creating one that satisfies regulatory requirements and ensures long-term success.
The developer or property owner usually gets the ball rolling. Since they are the ones creating the property, it makes sense that they are also responsible for making sure everything is properly documented. Often, they hire a civil engineer or environmental consultant to put the agreement together.
Civil engineers know how to write up technical documents that meet environmental codes and local laws. These professionals include all the needed protocols, inspection timelines, and maintenance plans.
After that, the draft agreement is reviewed by a municipal or regional agency. This might be the city’s environmental department or the local planning office. They will want to make sure the agreement meets their standards before giving it a stamp of approval.
Some developers also bring in legal counsel. Lawyers can help make sure the O&M agreement is enforceable and matches local ordinances. Once finalized, the document is recorded with the county. From that point on, it sticks with the property, no matter who owns it.
Some local municipalities (Public Works or Planning Departments) will provide a template or required language for the O&M agreement. It may be worth reaching out to your local city contacts before starting the process. The city or county may be willing to review and approve the draft before recording it with the property.
When to Start the O&M Agreement Process
Do not wait until the last minute. The best time to start working on an O&M agreement is during the early stages of planning. Doing this helps avoid last-second changes, delays, or rejections when it is time to get final approvals.
Some developers assume they can deal with this after construction wraps up. But most permitting agencies want to see an O&M agreement before they allow the property to open or operate. The process takes time and often requires several rounds of review, so it is wise to begin early.
If you are hiring a civil engineer or environmental consultant, bring them in sooner rather than later. They can help flag any system design issues and work those into the agreement, making life easier down the road.
Maintaining the Stormwater System After the Agreement
Signing an O&M agreement is just the beginning. Once the property is in use, the maintenance has to happen on schedule. That means scheduling inspections, filing reports, and clearing out debris from drains and basins. Skipping maintenance not only damages the system but can also lead to regulatory fines or penalties.
That is why many property owners work with a dedicated service provider. SWIMS, for example, handles operations and maintenance for stormwater systems at locations across California. They take care of everything from inspections to cleanings, providing detailed reports that include pictures, so the property owners do not have to worry about staying compliant.
Good maintenance partners document everything and often help respond to regulatory reviews. That kind of support is worth its weight in gold, especially when dealing with stormwater systems that are complex or widespread.
How an O&M Agreement Protects the Investment
A property is only as strong as its infrastructure. When stormwater systems fail, it is not just an eyesore. It can cost thousands of dollars in repairs or even damage nearby roads and buildings. Insurance companies are not always thrilled to pay out when maintenance was ignored.
An O&M agreement acts like a roadmap. It shows future owners, tenants, and inspectors exactly what needs to happen and who is responsible for it. This helps avoid finger-pointing and emergency fixes that cost more than regular upkeep.
There is also the environmental impact to think about. When these systems work right, they reduce pollution, protect wildlife, and prevent contaminants from reaching rivers or oceans. A clean system benefits the whole community.
SWIMS Handles the Dirty Work
If the idea of managing a stormwater system gives you a headache, you are not alone. That is why SWIMS exists. We handle ongoing maintenance and inspections for a wide variety of storm systems across California.
From corporate campuses to residential developments, our team ensures your system stays in shape and your agreement stays fulfilled. You do not have to figure it out on your own. We know the ins and outs and can help you stay ahead of any issues. Take a look at our stormwater products here.
Seal the Deal with SWIMS
An O&M agreement does not have to be a hassle. SWIMS makes it easy to meet requirements and stay compliant year after year. Perfect for busy property owners and managers who need a reliable compliance partner. Contact our team today and keep your property protected.