Chapter 13.25
ILLICIT STORMWATER DISCHARGES

Sections:

13.25.010    Purpose – Findings.

13.25.020    Authority.

13.25.030    Definitions.

13.25.040    Stormwater discharges.

13.25.050    Stormwater management manual.

13.25.060    Administration.

13.25.070    Enforcement.

13.25.080    Penalties.

13.25.090    Records retention.

13.25.100    Construction – Intent.

13.25.010 Purpose – Findings.

The purpose of this chapter is to prohibit the discharge of pollutants into the city’s municipal separate storm sewer system (MS4) and outline preventive measures to restrict pollutants from entering the MS4. These measures include the implementation of best management practices (BMPs) by persons having control and/or ownership of property within the city of Edgewood.

The city council finds this chapter is necessary to protect the health, safety, and welfare of the residents of the city of Edgewood and the integrity of the city’s MS4 for the benefit of all by:

A. Minimizing or eliminating water quality degradation; and

B. Preserving and enhancing the suitability of waters for recreation, fishing, and other beneficial uses.

Implementation of this chapter is required under the Federal Clean Water Act, 33 USC 1251 et seq. The city council finds that the provisions set forth herein meet the intent of the Clean Water Act, while striking an appropriate balance between the preservation of economic viability and providing necessary environmental protection. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.020 Authority.

This chapter is intended to implement and satisfy applicable provisions of state and federal law, including without limitation the Federal Clean Water Act, 33 USC 1251 et seq., and shall be reasonably construed in accordance therewith. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.030 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

A. “AKART” means all known, available and reasonable methods of prevention, control and treatment. AKART represents the most current methodology that can be reasonably required for preventing, controlling or abating the pollutants associated with a discharge. AKART applies to both point and nonpoint sources of pollution.

B. “Act” means the Federal Clean Water Act, 33 USC 1251 et seq., as amended.

C. “Best management practices” or “BMPs” means the best available and reasonable physical, structural, managerial, or behavioral activities that, when used singly or in combination, eliminate or reduce the contamination of surface and/or ground waters of the city.

D. “Chapter” means this chapter.

E. “City” shall mean the corporate entity of the city of Edgewood, Washington, or as indicated by the context, the geographic area contained within the city of Edgewood’s jurisdictional boundaries.

F. “Mayor” shall mean the mayor of the city of Edgewood, or authorized designee.

G. “Dangerous waste” means any solid, liquid, or mixed waste defined as a dangerous waste pursuant to WAC 173-303-080 through 173-303-110, as amended.

H. “Director” means the director of the city of Edgewood public works department or his/her designee.

I. “Discharge” means draining, releasing, dumping, spilling, emptying, emitting, or pouring forth any matter to flow, run, or seep from land into water.

J. “Ecology” means the Washington State Department of Ecology.

K. “Farm management plan” means a comprehensive site-specific plan developed by the farm owner that takes into consideration the land owner’s objectives while protecting water quality and related natural resources.

L. “Forest practices” means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in Chapter 222-16 WAC.

M. “Ground water” means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, and includes the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.

N. “Hazardous material” means any material potentially harmful to life and/or property.

O. “Hobby farm” means a farm that is maintained by an individual whose gross income from farming in any one year is less than one-third of the total gross income from all sources for that year and “hobby farm” is differentiated from farms that are maintained by farmers as defined in Internal Revenue Code (26 USC 6654(i)2) as currently exists or as may be amended by the Internal Revenue Service or the U.S. Congress.

P. “Hobby farm management plan” means a site-specific plan developed by the hobby farm owner that takes into consideration the land owner’s objectives while protecting water quality and related natural resources.

Q. “Illicit connection” means any manmade conveyance that is connected to an MS4 without a permit.

R. “Illicit discharge” means any direct or indirect discharge to the city’s MS4 that is prohibited or otherwise unauthorized by this chapter.

S. “May” is permissive or discretionary, and means to be allowed or permitted.

T. “Municipal separate storm sewer system (MS4)” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):

1. Owned or operated by the city of Edgewood;

2. Designed or used for collecting or conveying stormwater;

3. Which is not part of a publicly owned treatment works (POTW); “POTW” means any device or system used in treatment of municipal sanitary sewage or industrial wastes of a liquid nature which is publicly owned; and

4. Which is not a combined sewer; “combined sewer” means a system that collects sanitary sewage and stormwater in a single sewer system.

U. “Manual” means the stormwater management manual.

V. “National Pollutant Discharge Elimination System” or “NPDES” means the national program for controlling pollutants from nonpoint and point source discharges directly into waters of the United States under the Clean Water Act.

W. “National Pollutant Discharge Elimination System permit” means an authorization, license, or equivalent control document issued by the Environmental Protection Agency or Ecology to implement the requirements of the NPDES program.

X. “Owner of record” means the holder of fee title to a property, as reflected in relevant public title records.

Y. “Person” means an individual, his/her agents or assigns; a municipality, political subdivision or other government agency; a partnership, corporation or other business entity; or any other group, organization or other entity.

Z. “Stormwater management manual” means the latest version of the manual describing design, maintenance, best management practices, procedures, guidance for stormwater systems for new development and redevelopment, and guidance for preventing or treating pollutants in stormwater, to be utilized by businesses, industries and private residences, which has been adopted by the city pursuant to Chapter 13.05 EMC.

AA. “Pollutant/pollution” means such contamination, or other alteration of the physical, chemical, or biological properties, of any waters of the city, state or United States, including change in temperature, pH, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters as will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

BB. “Sewage” means water-carried human waste or a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, storm, or other waters that may inadvertently enter the sanitary sewer system.

CC. “Shall” means a directive or requirement and is mandatory.

DD. “Source control” means a BMP intended to prevent pollutants from entering surface and stormwater and/or ground water, including the modification of processes to eliminate the production or use of pollutants. Source control BMPs can be either structural or nonstructural. Structural source control BMPs involve the construction of a physical structure on site, or other type of physical modification to a site; for example, building a covered storage area. A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices; for example, using less toxic alternatives to current products or sweeping vehicle parking lots.

EE. “State,” when used as a noun, means the state of Washington.

FF. “State waste discharge permit” means an authorization, license, or equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC.

GG. “Treatment” means the reduction or elimination of pollutants in stormwater prior to or in lieu of discharging or otherwise introducing such pollutants into the stormwater system.

HH. “Treatment BMP” means a BMP intended to remove pollutants once they are already contained in stormwater. Examples of treatment BMPs include, without limitation: oil/water separators, biofiltration swales, and wet-settling basins. (Ord. 16-482 § 2 (Exh. B); Ord. 15-447 § 1 (Exh. A); Ord. 10-345 § 2 (Exh. A)).

13.25.040 Stormwater discharges.

A. Washington State’s Municipal Stormwater General Permits require permitted cities and counties to adopt regulations to prohibit nonstormwater, illicit discharges and connections, and dumping into the permittee’s MS4.

B. Prohibited Discharges – Prohibition of Illicit Discharges. No person shall throw, drain, deposit, dump or otherwise discharge, or cause, allow or permit another person under his/her control to throw, drain, deposit, dump or otherwise discharge directly or indirectly into the MS4 any substances, pollutants or other materials other than stormwater unless and to the extent expressly authorized by this chapter. Examples of prohibited discharges include but are not limited to the following:

1. Trash or debris;

2. Construction materials;

3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil;

4. Antifreeze and other automotive products;

5. Metals in either particulate or dissolved form;

6. Flammable or explosive materials;

7. Radioactive material;

8. Batteries;

9. Acids, alkalis, or bases;

10. Paints, stains, resins, lacquers, or varnishes;

11. Degreasers and/or solvents;

12. Drain cleaners;

13. Pesticides, herbicides, or fertilizers;

14. Steam cleaning wastes;

15. Soaps, detergents, or ammonia (except low-phosphorus and nonpolluting soaps);

16. Swimming pool or spa filter backwash;

17. Chlorine, bromine, or other disinfectants;

18. Heated water;

19. Domestic animal wastes;

20. Sewage;

21. Recreational vehicle waste;

22. Animal carcasses;

23. Food wastes;

24. Bark and other fibrous materials;

25. Lawn clippings, leaves, or branches;

26. Silt, sediment, concrete, cement or gravel;

27. Dyes (except as stated in subsection (F) of this section);

28. Chemicals not normally found in uncontaminated water;

29. Any other process-associated discharge except as otherwise allowed in this section;

30. Any hazardous material or waste not listed above.

C. Prohibition of Illicit Connections. The construction, use, maintenance, or continued existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4 or allows such a connection to continue.

D. Requirements for Discharges and Land Uses. For all existing discharges that drain directly or indirectly to the city’s MS4, persons shall implement and maintain nonstructural and, if necessary, structural BMPs to comply with the city’s municipal NPDES permit requirements and this chapter. Nonstructural BMPs shall include, but not be limited to, maintenance and housekeeping practices, sweeping of parking lots, storing oil barrels and other contaminant sources out of the rain, covering material stockpiles, and proper use and storage of hazardous materials. Structural BMPs include, but shall not be limited to, constructed facilities such as detention tanks, wet ponds, oil/water separators, grassed swales, roofing and berms for container storage areas, and revised piping systems.

All commercial and industrial facilities with a potential to pollute shall take appropriate and reasonable measures to prevent spills or other accidental introduction of illicit discharges into the city’s MS4. Such measures shall include:

1. Establishment and implementation of plans and procedures to prevent spills and accidental releases of materials that may contaminate stormwater;

2. Implementation of procedures for immediate containment and other appropriate action regarding spills and other accidental releases to prevent contamination of stormwater;

3. Provision of necessary containment and response equipment on site and training of personnel regarding the procedures and equipment to be used.

The provisions of this subsection may be satisfied by a stormwater pollution prevention plan prepared in compliance with an NPDES industrial stormwater permit for the site. The persons shall make the plan and procedures required by this subsection available to the director when requested.

A person must, at the earliest possible time, but in any case within 24 hours of discovery, report to the director any spill, release, dumping, or other situation that has contributed or is likely to contribute pollutants into the city’s MS4. This reporting requirement is in addition to, and not instead of, any other reporting requirements under federal, state, or local laws.

E. Allowable Discharges. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter unless the director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause contamination of the city’s MS4:

1. Diverted stream flows;

2. Rising ground waters;

3. Uncontaminated ground water infiltration, as defined in 40 CFR 35.2005(20);

4. Uncontaminated pumped ground water;

5. Foundation drains;

6. Air conditioning condensation;

7. Irrigation water from agricultural sources that is commingled with urban stormwater;

8. Springs;

9. Uncontaminated water from crawl space pumps;

10. Footing drains;

11. Flows from riparian habitats and wetlands;

12. Discharges from emergency firefighting activities.

F. Conditional Discharges. The following types of discharges are prohibited unless they fully satisfy the stated conditions, or unless the director determines (as documented in an administrative letter to the discharger) that the type of discharge, whether singly or in combination with others, is causing or is likely to cause contamination of the city’s MS4:

1. Discharges from potable water sources, including water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.

2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts.

3. Dechlorinated swimming pool and/or hot tub discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and re-oxygenized, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool and hot tub cleaning wastewater and filter backwash shall not be discharged to the MS4. As required in the city’s NPDES Phase II permit, Section S5.C.3.b.ii, these discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and re-oxygenized, if necessary, and volumetrically and velocity controlled to prevent resuspension of sediments in the MS4.

4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These shall be reduced through, at a minimum, public education activities and/or water conservation efforts. To avoid washing pollutants into the MS4, the amount of street wash and dust control water used must be minimized. At active construction sites, street sweeping must be performed prior to washing the street.

5. Nonstormwater discharges covered by another NPDES permit; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided, that written approval has been granted for any discharge to the MS4.

6. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the city of Edgewood, which addresses control of such discharges by applying AKART to prevent contaminants from entering the city’s MS4.

G. Exceptions to Illicit Discharges. The following types of discharges shall not be considered illicit discharges for the purpose of this chapter:

1. Dye testing utilizing EPA-approved nontoxic materials; provided, that written notification is given to the city of Edgewood public works department at least one working day prior to the date of the test. In the case of an emergency, dye testing may proceed without such advance notice; provided, that written notification is given to the city within one working day after the testing. The Tacoma-Pierce County health department is exempt from the notification requirements of this subsection.

2. If a person can demonstrate to the director’s satisfaction proper design, construction, implementation, and maintenance of BMPs and is carrying out AKART, but contaminants continue to enter the city’s MS4s, or that there are no additional pollutants being discharged from the site above the background conditions of the water entering the site, that person shall not be in violation of subsection (B) of this section.

3. Emergency response activities, or other actions that must be undertaken immediately or within a time too short to allow full compliance with this chapter to avoid an imminent threat to public health or safety, shall be exempt from this section. The person responsible for the emergency response activities shall provide the city with written notification within 48 hours after the emergency discharge, and shall take all reasonable steps necessary to ensure that such discharges are minimized to the greatest extent possible. In addition, the person shall evaluate BMPs and the site plan, where applicable, to prevent reoccurrence of the situation creating the emergency. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.050 Stormwater management manual.

A. General. The city stormwater management manual contains requirements and guidelines to assist persons discharging into the city’s MS4 to stay in compliance with this chapter. The manual presents best management practices, procedures and guidance for existing facilities and activities and for new development and redevelopment activities. The manual is available for inspection and sale through the city’s public works department. In addition, the city’s public works department will provide, upon reasonable request, available technical assistance materials and information, and information on outside financial assistance options to persons required to comply with this chapter.

B. Exemptions. Persons implementing BMPs through other approved federal, state, or local programs will not be required to implement the BMPs prescribed in the manual, unless the director determines that the alternative BMPs are ineffective in reducing the discharge of pollutants. If another program requires the development of a plan, the person shall make the plan available to the city’s public works department upon request. Persons who may qualify for exemptions include, but are not limited to, those:

1. Required to obtain or permitted under a general or individual NPDES permit for stormwater discharges from the Washington State Department of Ecology or Environmental Protection Agency;

2. Implementing and maintaining, as scheduled, a farm management plan approved by the city of Edgewood;

3. Engaged in forest practices, with the exception of Class IV and Class IVA special general forest practices. This section will apply to Class IV general forest practices on lands platted after January 1, 1960, or on lands being converted to another use, or where the activity is taking place in areas designated by the Washington State Department of Natural Resources as lands with a likelihood of future conversion;

4. Implementing and maintaining, as scheduled, a hobby farm management plan approved by the city of Edgewood. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.060 Administration.

A. General. The director is authorized to implement and enforce the provisions of this chapter. The director shall, where appropriate, coordinate the implementation and enforcement of this chapter with other relevant departments of the city.

B. Responsibility for Compliance. The owner of record shall be exclusively responsible for compliance with the requirements of this chapter, including without limitation all funding, design work, construction, installation, implementation and other actions necessary to achieve such compliance. No regulatory approval, recommendations, consultation, technical assistance or other action by the city shall be construed as limiting or otherwise avoiding such responsibility.

C. Treatment BMPs. Compliance with this chapter shall be achieved through the use of BMPs described in the manual. In applying the manual, the director shall first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering the city’s MS4, the director may require the implementation of treatment BMPs as set forth in AKART. The manual shall be used to select acceptable technologies. Any facility required to treat stormwater to an acceptable level shall be provided and shall be properly operated and maintained at the user’s expense. Detailed engineering plans and specifications showing the treatment facilities shall be submitted to the city for review and approval before construction of the facility. The person shall obtain all necessary construction, operating and other permits from the city. Depending upon the size and complexity of the treatment facility, the city may require that the facility be operated by a qualified operator as determined by the city in each individual case. The review of such plans shall in no way relieve the person from the responsibility of modifying its facility as necessary to produce a stormwater effluent acceptable to the city under the provisions of this chapter. Upon completion of the treatment facility, the person shall furnish its operations and maintenance procedures to the city for review and approval. Any subsequent significant changes in the treatment facilities or operation and maintenance procedures shall be reported to and accepted by the city prior to the person’s initiation of the changes.

D. Inspections – Right of Entry – Access. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that violations of this chapter are present or operating on a subject property or portion thereof, the director may, to the fullest extent allowed by law, enter such premises to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such premises or portion thereof is occupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If entry is refused, the director may seek a warrant authorizing such entry. Proper access shall be provided to the director to inspect or perform any duty imposed upon the director by this chapter. The director shall notify the responsible party in writing of a failure to provide access. If the responsible party fails to respond within seven days from receipt of notification, the director may order the work required completed or otherwise secure access using any lawful means, including without limitation obtaining a warrant authorizing such access. The obligation for reimbursement of all cost that may be incurred or expended by the city in causing such work to be performed shall be imposed upon the owner of record of the subject property.

E. Inspection and Sampling. To the fullest extent allowed by law, the city may inspect the facilities of any person to determine compliance with the requirements of this chapter and may enter upon the premises of a person for the purposes of inspection, sampling, or records examination. The city shall provide 24-hour prior written and/or verbal notice for entry to private property, unless the director determines that there is imminent or substantial danger to public health or welfare or danger to the environment. If entry is refused, the director may seek a warrant authorizing such entry. To the fullest extent allowed by law, the city shall have the right to temporarily install and operate upon the person’s property such devices as are reasonably necessary in the director’s opinion to conduct sampling, inspection, compliance monitoring, and/or metering operations. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.070 Enforcement.

A. Authorization. The director is authorized to administer, interpret and enforce this chapter and any permit, order or approval issued pursuant to this chapter, against any violation or threatened violation thereof, in accordance with city of Edgewood illicit discharge detection and elimination program technical and administrative guidelines. The director is further authorized to develop administrative guidelines for the purpose of administering and interpreting this chapter. Such guidelines shall include, without limitation, criteria for review and approval of hobby farm management plans. Without prejudice to any other remedy or penalty, violations of this chapter shall constitute a public nuisance subject to abatement. The guidelines shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city and shall not vest any rights in or for any other person.

B. Compliance. The director shall secure compliance with this chapter by requiring the implementation and maintenance of BMPs. The director may initially emphasize cooperative measures such as education and informational assistance to gain voluntary compliance with this chapter, unless the director determines a violation poses a hazard to public health, safety, or welfare, or the environment, endangers any property, or adversely affects the safety and operation of city rights-of-way, utilities and/or other property owned or maintained by the city. The director may demand immediate cessation of discharges, assess penalties and/or take such other measures with respect to violations that pose an imminent or substantial danger to public health or welfare or danger to the environment. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.080 Penalties.

A. Enforcement Actions. The director shall be responsible for enforcing this chapter. The director is authorized to issue violation notices, cease and desist orders, levy fines, recover costs, and/or institute civil and/or criminal actions in the court to the fullest extent allowed by law. Recourse to any single remedy shall not preclude recourse to any other remedies available to the city.

B. Cease and Desist Orders. The city may issue a cease and desist order for violations of this chapter. The order shall include the following:

1. Description of Violation. A description of the specific nature, extent, and time of violation. The order may include a description of the damage or potential damage resulting from the violation. A notice that the violation or the potential violation cease and desist may, in appropriate cases, specify corrective action to be taken by a specified deadline. A monetary penalty may be imposed with the order pursuant to subsection (C) of this section.

2. Effective Date. The cease and desist order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.

3. Compliance. Failure to comply with the terms of a cease and desist order may result in further enforcement action(s) including, but not limited to, abatement, criminal misdemeanor liability and/or the imposition of monetary penalties pursuant to subsection (C) of this section.

4. Corrective Measures. The order may include specific corrective measures to be taken to mitigate environmental or other damage.

5. Request for Appeal Hearing. The order shall state that an appeal hearing may be requested by filing a written request for an appeal hearing with the city clerk within 30 days of the date of said order, together with the applicable appeal fee. Failure to file an appeal within this deadline shall conclusively waive the person’s rights to challenge the order.

C. Civil Penalty. The purpose of this penalty is to encourage compliance with this chapter and to obtain redress for ecological, recreational, and economic values lost or damaged due to the unlawful action. Any person who fails to obtain a necessary permit for discharge into the city’s MS4 or otherwise violates any provision of this chapter may be assessed a civil penalty as follows:

1. The director may assess the violator a civil penalty for each violation. The penalty amount shall be determined by consideration of any and all relevant factors, including without limitation:

a. The severity and duration of the violation;

b. Any unforeseeable circumstances that impede compliance;

c. The extent of any environmental, property or other damage resulting from the violation;

d. The willful, negligent or inadvertent nature of the violation; and

e. The compliance and violation history of the subject property.

2. Civil penalties for first time violators may not exceed $500.00 per day. For repeat violations that occur within two years of a previous violation, the director may impose the following penalties:

a. Second violation: up to $1,000 per day.

b. Subsequent violations: up to $2,000 per day.

3. Any person who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.

4. The penalty provided for in this section shall be imposed by the director in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty, describing the violation with reasonable particularity and ordering appropriate corrective action to be taken within a specified time. The penalty shall commence accrual on the date of violation, unless otherwise provided for in the cease and desist order.

5. Within 30 days after the notice of penalty is received, the person incurring the penalty may apply in writing to the director for remission or mitigation of such penalty. Upon receipt of the application, the director may in his/her sole discretion remit or mitigate the penalty upon whatever terms are deemed appropriate.

6. Any penalty imposed pursuant to this subsection may be appealed to the city hearing examiner pursuant to Chapter 2.40 EMC by filing a written appeal with the city clerk, together with the applicable appeal fee. Failure to file an appeal within the above deadline shall conclusively waive the violator’s rights to challenge a civil penalty imposed pursuant to this section.

7. If the penalty is not appealed, the violator shall, no later than 30 days from the date of the penalty, fully remit payment therefor to the city; provided, that the director may, in his/her sole discretion, extend the payment period up to 120 days upon written request by the violator. The director’s decision under this subsection shall not be appealable.

8. All civil penalties recovered during the enforcement of this section shall be deposited into a separate fund and shall be used exclusively for the protection of the city’s MS4 as set forth in this chapter.

D. Recovery of Costs Incurred by the City. Without prejudice to any other remedy or penalty, any person violating any of the provisions of this chapter, who discharges or causes a discharge which violates the city’s NPDES permit and/or produces a deposit or obstruction or causes damage to or impairs the city’s MS4, shall be liable to the city for any expense, loss, or damage caused by such violation or discharge, including the costs for bringing the city back into compliance with its NPDES permit associated with the violation of these regulations, and any fines levied for violations of the city’s NPDES permit.

E. Appeal Rights of Civil Penalties and Recovery of Cost Assessments. A bill issued by the director or designee for collection of costs incurred is appealable to the hearing examiner pursuant to Chapter 2.40 EMC within 30 days from the date of the letter. Appeals of the cost assessment may be filed by submitting a written appeal to the city clerk, together with the applicable appeal fee, in accordance with the city’s fee schedule, along with written statement identifying the basis for disputing city claim. Failure to file an appeal within the above deadline shall conclusively waive the violator’s rights to challenge a civil penalty imposed pursuant to this section.

F. Misdemeanor. Without prejudice to any other remedy or penalty, any person who without authorization discharges pollutants into the city’s MS4, uses an unapproved connection to discharge into the city’s MS4, submits false information in permitting and reporting requirements, violates the terms and conditions of a permit, violates a cease and desist order issued by the director or designee, fails to pay a civil penalty or cost recovery assessment, or obstructs or damages the city’s MS4, shall be deemed guilty of a misdemeanor, and may be punished by fine not to exceed $5,000 or by imprisonment not to exceed one year, or by both such a fine and imprisonment, in accordance with Chapter 1.10 EMC. Each person found guilty of a violation shall be punished as provided for in this chapter. Any person who, through an act of commission or omission, procures, aids, or abets in violation shall be considered to have committed a violation for the purpose of this section. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.090 Records retention.

All persons subject to these regulations shall retain, preserve and make available to the city upon demand for no less than three years any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to operation, maintenance, monitoring, sampling, and chemical analysis made by or on behalf of a person in connection with its discharge. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).

13.25.100 Construction – Intent.

This chapter is enacted as an exercise of the city’s power to protect and preserve the environment, public health, safety, and welfare. Its provisions shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. This chapter is not enacted to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

The primary obligation of compliance with this chapter is placed upon the owner of record of the underlying property. Nothing contained in this chapter is intended to be or shall be construed to create or form a basis for liability for the city, the department, its officers, employees or agents for any injury or damage resulting from the failure of the owner of record to comply with the provisions of this chapter, or by reason or in consequence of any act or omission to act in connection with the implementation or enforcement of this chapter by the city, the department, its officers, employees, or agents. (Ord. 16-482 § 2 (Exh. B); Ord. 10-345 § 2 (Exh. A)).