Chapter 16.30
EROSION AND SEDIMENT CONTROL
Sections:
16.30.010 Purpose.
16.30.020 Permit required.
16.30.030 Recodified.
16.30.040 Application forms.
16.30.050 Review.
16.30.060 Security.
16.30.070 Appeals.
16.30.080 Project inspection.
16.30.090 Liability.
16.30.100 Exemptions.
16.30.110 Stop work orders/permit revocation.
16.30.120 Enforcement.
16.30.130 Obligation of person performing work.
16.30.010 Purpose.
The City Council finds and determines that the public health, safety and general welfare require the regulations hereinafter imposed in connection with certain land alteration and use activities, to control, limit and manage erosion and sedimentation, to protect and maintain the hydrologic balance of watersheds and watercourses, preserve wildlife and aquatic habitat and to protect the life and property of individuals in and adjacent to the City. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.020 Permit required.
It is unlawful to grub, clear, grade, fill, excavate, quarry, mine and/or stockpile soil on any property within the City of Issaquah or improve or develop any such property without a Public Works Permit issued for erosion and sedimentation control. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.030 Application fees.
Recodified to IMC 3.65.040(G) by Ord. 2259. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1913 § 15, 1991; Ord. 1582 § 1, 1983).
16.30.040 Application forms.
A. Application for a Public Works Permit for erosion and sedimentation control shall include the following:
1. The name and address of the applicant;
2. A legal description of the property to which the application relates;
3. The name and address of the owner or owners of said property;
4. The name of the certified erosion and sediment control lead (CESCL) assigned to the site, if applicable;
5. A general description of the land alteration, construction or other activity contemplated;
6. A proposed temporary erosion and sediment control (TESC) plan and associated required documentation that complies with Chapter 13.28 IMC and the Surface Water Design Manual;
7. Such other information as the Public Works Director may require; and
8. Consent by or on behalf of the owner or owners of the property for the Public Works Director or his authorized agent to enter the property during the period of installation of erosion and sedimentation facilities, for purposes of inspection.
B. For multiple-parcel projects involving up to 4 contiguous single-family or duplex lots, a single Public Works Permit for erosion and sediment control can be issued if the properties are under the same ownership and the temporary erosion and sediment control facilities are constructed and maintained by the same contractor to serve all parcels. A single permit covering more than 4 lots may be granted by the Director on a case-by-case basis if this will result in more effective erosion and sediment control. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.050 Review.
The Director of Public Works shall review the applications and plans submitted in accordance with IMC 16.30.040. The plan shall provide for the following:
A. Temporary Erosion and Sedimentation Control.
1. A temporary erosion and sedimentation control (TESC) plan and associated required documentation is required for all construction involving a land disturbing activity, requiring a Public Works Permit (Chapter 16.26 IMC), or requiring a Building Permit (Chapter 16.04 IMC). The TESC plan shall be prepared in accordance with Chapter 13.28 IMC and the adopted Surface Water Design Manual. The plan shall clearly indicate the construction sequence for establishment of all erosion control work, both temporary and permanent for the drier season and wetter winter months. The TESC plan shall provide a monitoring discharge point for each plan to allow turbidity monitoring of water being discharged from the site. For projects other than small sites, as defined in the Surface Water Design Manual, the plan shall be designed by, and carry the seal of, a civil engineer having certified erosion and sediment control lead (CESCL) certification. The erosion control plan shall be based on the best management practices and other requirements identified in the Surface Water Design Manual (Chapter 13.28 IMC).
2. Erosion and sedimentation control devices shall be installed prior to initiation of construction activities and maintained by the permittee over the entire duration of the project until all possibility for erosion has passed and permanent vegetation has been established, as determined by the Permit Authority.
3. The TESC plan shall be designed to prevent, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, surface waters, and adjacent properties. Turbidity in construction runoff at any monitoring point that exceeds 100 NTUs at any time up to the 10-year/24-hour storm event, as measured at the City’s rain gage, is considered a violation of the Public Works Permit, subject to stop work and enforcement as described in IMC 16.30.110.
4. Updates to the TESC plan can be required at any time during the term of the permit if the approved TESC plan is found to be ineffective or construction sequencing or other changed site conditions makes it necessary to modify the original TESC plan to make it compliant with the requirements of the Surface Water Design Manual (Chapter 13.28 IMC).
B. Permanent Erosion Control and Vegetation Restoration.
1. Permanent erosion control shall be considered and set forth in the original design of the project to provide erosion control following completion of construction.
2. Erosion control shall include, but not be limited to, permanently installed landscaping, terracing or other grading design methods, drainage facilities such as ponds or catch basins, and retention or reestablishment of native vegetation.
3. Vegetation shall be restored as specified by the Permit Authority on those areas of the site disturbed by the land alteration activity which are not covered by permanent impervious surface improvement (e.g., buildings, parking lots, etc.) within 7 days of the completion of grading or clearing, unless seasonal or weather conditions are unfavorable. In this case, temporary erosion control measures shall be installed and maintained until restoration can be completed. The soils shall be stabilized in the area of vegetation restoration prior to that restoration to the satisfaction of the Permit Authority and in compliance with other applicable soil restoration and landscaping requirements for the project. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.060 Security.
The Director shall require the applicant to post adequate cash security to assure compliance with the terms of the approved permit for sediment and erosion control, including an amount necessary to cover failure to maintain the erosion and sediment control facilities and the associated costs by the City to repair and mitigate impacts created by such failure. The amount of security to be posted upon permit application is as follows:
A. All new construction of residential plats or short plats, commercial, or industrial development; or any project involving grading of greater than 1.0 acre: $5,000.
B. Single-family residential or duplex projects, or clearing and grading projects without residential or commercial development of less than 1.0 acre: $2,000.
C. Remodels or additions, or small projects involving clearing and grading of less than 5,000 square feet: $750.00.
D. Any project involving highly erodible soils; project features or construction methods that could create higher levels of erosion and sedimentation; or downstream receiving waters or sensitive areas that would require a large effort to mitigate the impacts created by a failure of an erosion and sediment control facility: $5,000 or as appropriate as determined by the Public Works Director.
E. The Director may waive the security deposit for projects of short duration with negligible potential impacts or for other special circumstances. This does not exempt the applicant from complying with the requirements of this chapter. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.070 Appeals.
The decision of the Public Works Director on any application for an erosion and sedimentation control permit shall be appealable to the Mayor. The Mayor is authorized to delegate responsibility for hearing and deciding the appeal to the City Administrator. The procedures for filing and hearing such appeal shall be as follows:
A. A person must file a written notice of appeal within 14 calendar days of the date of the decision being appealed and pay an appeal fee of $500.00.
B. The notice of appeal should state clearly the grounds for appeal. The notice of appeal together with the $500.00 nonrefundable appeal fee shall be submitted to the Permit Center no later than 5:00 p.m. on the fourteenth calendar day following the date of decision.
C. Upon timely receipt of such notice of appeal, and payment of the fee, the City will schedule an appeal hearing within 14 days.
D. Type of appeal: open record.
E. Judicial appeals (appeal of the appeal decision) are appealable to King County Superior Court (Chapter 36.70C RCW). (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 2301 § 5, 2001; Ord. 1645 § 4, 1984; Ord. 1582 § 1, 1983).
16.30.080 Project inspection.
All projects which include erosion and sediment control shall be subject to inspection by the Permit Authority or his/her designee. The Permit Authority or his/her designee shall be granted unlimited right of entry to the work site by the applicant for the purposes of making inspections to determine that the requirements of the plans and permits are being complied with and for the purposes of taking corrective measures of an emergency nature. The cost of such corrective measures shall be borne by the applicant. The Permit Authority may require inspection at any stage of the application or project. Said inspection shall meet or exceed the minimum schedules as listed in the Surface Water Design Manual, or as conditioned on the permit or published by the Permit Authority. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1913 § 16, 1991; Ord. 1582 § 1, 1983).
16.30.090 Liability.
The City by this chapter has undertaken to protect the public health and safety and maintain environmental quality by imposing only minimum standards for the control of soil erosion and water sedimentation. By this chapter the City has not assumed the responsibility to any particular individual or entity for protecting persons or property from injury or damage caused by erosion and sedimentation and the City therefore does not by this enactment assume any liability for the actions or inactions of its officers, employees or agents in the application and enforcement of the provisions of this chapter. (Ord. 2560 § 4 (Exh. A3), 2009; Ord. 2480 § 1, 2006; Ord. 1582 § 1, 1983).
16.30.100 Exemptions.
The following activities are exempt from compliance with this chapter:
A. The cutting of nonprotected, protected and significant trees as defined in Chapter 18.12 IMC;
B. Routine landscape installation and maintenance involving not more than 30 cubic yards of excavation and fill on a single parcel of property within a consecutive 12-month period; provided, that no materials are stockpiled on City streets (unless permitted under Street Use Permit) and reasonable efforts are made to prevent erodible materials from entering drainage facilities or surface waters;
C. Emergency situations involving immediate danger to life or property, substantial fire hazards or other public safety hazards within 7 days of the onset of the emergency or during the period covered by an emergency declaration by the City; provided verbal authorization is provided by the City and followed up with written authorization communicating the need and verifying the nature of the emergency;
D. Routine agricultural activities such as plowing, harrowing, disking, ridging, listing, leveling and similar operations to prepare a field or crop;
E. Fill or excavation in association with mineral resource extraction or processing in a mineral resource zone (“M”) regulated by IMC 18.07.525;
F. Cemetery graves;
G. Removal of nonnative invasive plant species from environmentally critical lands and native growth protection easements in accordance with IMC 18.10.400;
H. Small projects with a total duration of 7 days or less that will be performed during dry weather, if the project is fully stabilized at completion, and no prohibited discharges occur per IMC 13.28.025. During the wet season this period can be shorter if weather conditions cannot be accurately predicted. This exemption requires notification to the City to approve start of work and monitor the activity to verify conformance with this exemption;
I. Projects that have no potential to discharge turbid stormwater runoff or sediment to a public drainage facility or surface water and cause a violation of water quality standards. Factors that would be considered in exempting an activity include but are not limited to: likelihood of drainage leaving the site or entering surface water, soil type and its potential to erode, size and duration of proposed activity, and steepness of slope. (Ord. 2560 § 4 (Exh. A3), 2009).
16.30.110 Stop work orders/permit revocation.
A. Permit Suspension/Revocation. The Public Works Director shall suspend work or revoke a permit as appropriate, for failing to meet the TESC requirements of Public Works Permit including:
1. Not installing TESC facilities in accordance with the approved TESC plans prior to initiation of construction activities; or
2. Not maintaining TESC facilities in accordance with the approved TESC plans; or
3. Turbidity in stormwater leaving the site exceeds 100 NTU in a rainfall event less than the 10-year/24-hour event (3.5 inches), as measured at the City’s rain gage; or
4. Not submitting within 30 days of written notification by the City for an updated TESC plan to the City if the approved TESC plan is found to be ineffective or construction sequencing or other changed site conditions make it necessary to modify the original TESC plan to make it compliant with the requirements of the Surface Water Design Manual (Chapter 13.28 IMC); or
5. Not having a certified erosion and control lead (CESCL) available at the site to direct implementation of the TESC plan, if an on-site CESCL is required by the Public Works Permit; or
6. The work is, in the Permit Authority’s judgment, adversely affecting the public health, safety, or welfare; or is a hazard to property; or is adversely affecting, or could adversely affect, adjacent property including a right-of-way, a drainage way, a watercourse, an environmentally critical area, or a stormwater facility; or
7. The required project security has been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or
8. The applicant is otherwise not complying with the terms or conditions of the permit or approved plans.
B. Stop Work Order. The Permit Authority shall issue the permittee a written stop work order specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project. If the permittee does not comply with the order within the time specified, the Permit Authority, as an alternative to other remedies, may enter the project site and perform the required work. All costs incurred by the City in performing such work shall be drawn against the security posted by the permittee. In the absence of sufficient security, the City may place a lien against the property in the amount of the funds expended to perform the required work. Removal of a stop work order by anyone other than authorized City personnel is a civil violation.
C. Restoration. Violators of this chapter, or of a permit issued hereunder, shall be responsible for restoring unlawfully damaged areas in conformance with the applicable Issaquah Municipal Codes, approved by the Permit Authority, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s).
D. Prohibition of Further Approvals. The City shall not accept, process, or approve any application for a subdivision or any other development permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means acceptable to the Permit Authority and by payment of any penalty imposed for the violation. (Ord. 2560 § 4 (Exh. A3), 2009).
16.30.120 Enforcement.
The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.
A. Civil Remedies. Any work or other activities which are within the authority of this chapter performed without a permit or in violation of any lawful order or requirement of the Public Works Director is deemed to be a public nuisance and may be abated in a manner prescribed by the Permit Authority. Injunction proceedings or other appropriate action may be initiated in a court of competent jurisdiction against any person who violates or fails to comply with the provisions of this chapter in order to prevent, enjoin, abate or terminate violations of this chapter or to restore the property to its original conditions, as nearly as practicable.
B. Persons Subject to Penalty. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approval or order issued by the Director shall be subject to the civil and criminal penalties provided in Chapter 1.36 IMC, Code Enforcement. Each day of continued violation shall be considered a separate violation for purposes of penalty.
C. In addition, any person who violates or fails to comply with the requirements of this chapter shall be required to abate any conditions on the subject property in a manner which will achieve full compliance with this chapter and/or restore any property to its original condition, as nearly as practicable. (Ord. 2560 § 4 (Exh. A3), 2009).
16.30.130 Obligation of person performing work.
Every contractor or other person performing or directing the performance of any work requiring a permit under this chapter shall have in his/her possession, prior to commencement of and during all phases of the work, an original or copy of a valid permit (including conditions) and shall further have a duty to be familiar with and comply with the terms and conditions of the permit and approved plans and specifications. (Ord. 2560 § 4 (Exh. A3), 2009).