Chapter 13.28
STORMWATER MANAGEMENT POLICY

Sections:

13.28.010    Purpose.

13.28.020    Definitions.

13.28.025    Authorized and prohibited discharges.

13.28.030    Development drainage review.

13.28.040    Recodified.

13.28.050    Recodified.

13.28.055    Recodified.

13.28.060    Recodified.

13.28.070    Recodified.

13.28.080    Maintenance – Stormwater facilities accepted by the City for maintenance.

13.28.090    Maintenance – Stormwater facilities not accepted by the City for maintenance.

13.28.100    Maintenance – Minimum standards.

13.28.115    Source control best management practices.

13.28.120    Hazards.

13.28.130    Administration.

13.28.135    Enforcement.

13.28.140    Appeals.

13.28.150    Severability.

13.28.010 Purpose.

The Council finds this chapter is necessary in order to promote the public health, safety and welfare by providing for the comprehensive management of surface and stormwater, erosion control, and flooding. The Council also finds that this chapter is necessary in order to minimize water quality degradation; prevent flood damage, siltation and habitat destruction in the City’s creeks, streams and other water bodies; comply with the Department of Ecology Western Washington Phase II Municipal Stormwater Permit; prevent water quality degradation and groundwater recharge through investigation, evaluation and enforcement of water quality standards and best management practices, and stormwater maintenance programs in order to promote the effectiveness of the requirements contained in this chapter. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.020 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter. Additional definitions related to the implementation of this chapter can be found in Chapter 16.26 IMC, Clearing, Grading, and Stormwater Management.

A. “Best management practices” or “BMPs” means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and structural or managerial practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

B. “Bioretention” means an engineered facility that stores and treats stormwater by passing it through a specified soil profile, and either retains or detains the treated stormwater for flow attenuation. Refer to the Stormwater Management Manual for bioretention BMP types and design specifications.

C. “Construct or modify” means to install a new drainage pipe or ditch or make improvements to an existing drainage pipe or ditch (other than routine maintenance, repair or emergency modifications, excluding driveway culverts installed as part of single-family residential building permits) that either serves to concentrate previously unconcentrated surface and stormwater runoff, or serves to increase, decrease and/or redirect the conveyance of surface and stormwater runoff.

D. “Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain and provide for the flow of surface and stormwater from the highest points on the land down to receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels and most flow control and water quality treatment facilities.

E. “Department” means the City of Issaquah Public Works Engineering Department or its successor organization.

F. “Director” means the Director of Public Works Engineering Department, or any duly authorized representative of such Director.

G. “Drainage” means the collection, conveyance, containment and/or discharge of surface water or stormwater runoff.

H. “Drainage facility” means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include, but not be limited to, constructed or engineered streams, pipelines, channels, ditches, gutters, stormwater flow control or water quality treatment BMP/facilities, infiltration facilities, erosion and sediment control facilities and other structures and appurtenances that provide for drainage.

I. “Hazardous materials” means any material, either singularly or in combination, that is a physical or health hazard, whether the materials are in usable or waste condition; and any material that may degrade surface water or groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials shall also include: all materials defined as or designated by rule as a dangerous waste or extremely hazardous waste under Chapter 70.105 RCW and Chapter 173-303 WAC; hazardous materials shall also include petroleum or petroleum products that are in liquid phase at ambient temperatures, including any waste oils or sludges.

J. “Illicit connection” means a pipe or other stormwater facility that conveys anything not composed entirely of surface and stormwater directly to a stormwater facility or water body, except connections containing allowable discharges as defined in IMC 13.28.025.

K. “Illicit discharge” means any direct or indirect nonstormwater discharge to the City’s storm system, except as expressly allowed by this chapter.

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

1. Owned or operated by the City of Issaquah;

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 sewage or industrial wastes of a liquid nature which is publicly owned.

M. “National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit” means a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

N. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.

O. “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises, or as the owner’s agent.

P. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Q. “Runoff” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater as well as on ground surfaces. For the purposes of this definition, “groundwater” 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, whatever may be the geological formation or structure in which such water stands or flows, percolates, or otherwise moves.

R. “Site” means the legal boundaries of the parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the project site and the right-of-way boundaries define the site.

S. “Source control BMP” means a structure or operation that is intended to prevent pollutants from coming into contact with stormwater through physical separation of areas or careful management of activities that are sources of pollutants. The Ecology Stormwater Management Manual for Western Washington separates source control BMPs into 2 types. Structural source control BMPs are physical, structural, or mechanical devices, or facilities that are intended to prevent pollutants from entering stormwater. Operational BMPs are nonstructural practices that prevent or reduce pollutants from entering stormwater.

T. “Surface water and stormwater” means water originating from rainfall and other precipitation that is found in drainage facilities, rivers, streams, springs, seeps, ponds, lakes and wetlands as well as shallow groundwater.

U. “Stormwater Design Manual” means the Department of Ecology 2014 Stormwater Management Manual for Western Washington, prepared by the Department of Ecology, as supplemented and modified by the City of Issaquah 2016 Addendum to the Department of Ecology 2014 Stormwater Management Manual for Western Washington that specifies local requirements and procedures, describing surface and stormwater design and analysis requirements, procedures and guidance, as adopted by Chapter 16.26 IMC.

V. “Stormwater facility” means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil water separators, and biofiltration swales. When used singularly or in combination, stormwater facilities reduce the potential for contamination of surface and/or groundwaters.

W. “Stormwater treatment and flow control BMPs/facilities” means detention facilities, treatment BMPs/facilities, bioretention, vegetated roofs, and permeable pavements that help meet Minimum Requirements No. 6 (treatment), No. 7 (flow control), or both of the 2013-2018 Western Washington Phase II Municipal Stormwater Permit Appendix 1. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2625 § 2, 2011; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2424 § 1, 2005; Ord. 2288 § 2, 2000).

13.28.025 Authorized and prohibited discharges.

A. Prohibited Discharges – Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause or allow others under its control to throw, drain or otherwise discharge into the municipal storm drainage facility and/or surface and groundwaters any materials other than stormwater.

Examples of prohibited contaminants 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.

16. Swimming pool or spa cleaning wastewater, or 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.

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.

B. Allowable Discharges. The following types of discharges shall not be considered illegal discharges for the purposes 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 pollution of surface water or groundwater:

1. Diverted stream flows.

2. Rising groundwaters.

3. Uncontaminated groundwater infiltration – as defined in 40 CFR 35.2005(20).

4. Uncontaminated pumped groundwater.

5. Foundation drains.

6. Air conditioning condensation.

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

8. Springs.

9. Water from crawl space pumps.

10. Footing drains.

11. Flows from riparian habitats and wetlands.

12. Discharges from emergency firefighting activities.

13. Dye testing is allowable but requires verbal notification to the Director at least 1 day prior to the date of test.

14. Nonstormwater discharges authorized by another National Pollution Discharge Elimination System or State waste discharge permit.

C. Conditional Discharges. The following types of discharges are prohibited unless the stated conditions are met, or unless the Director determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or groundwater:

1. Potable water, including water from water line flushing, hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be dechlorinated to a total residual chlorine 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, spa, and hot tub discharges. These discharges shall be dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and reoxygenized 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 cleaning wastewater and filter backwash shall not be discharged to 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 discharges 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. Other nonstormwater discharges. The discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed by the City which addresses control of such discharges.

D. Prohibition of Illicit Connections.

1. The construction, use, maintenance, or continued existence of illicit connections to the storm drain system is prohibited.

2. 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.

3. 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. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.030 Development drainage review.

The design and construction of all clearing, grading, and stormwater management systems and facilities shall comply with the requirements and design standards contained in Chapter 16.26 IMC, Clearing, Grading, and Stormwater Management. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.040 Drainage review – Requirements, review and approval.

Recodified in Ch. 16.26 IMC by Ord. 2783. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.050 Drainage review – Adjustments.

Recodified in Ch. 16.26 IMC by Ord. 2783. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.055 Drainage review – Adjustments for low impact development proposals.

Recodified in Ch. 16.26 IMC by Ord. 2783. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.060 Construction – Timing.

Recodified in Ch. 16.26 IMC by Ord. 2783. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.070 Construction – Required bonds and liability insurance.

Recodified in Ch. 16.26 IMC by Ord. 2783. (Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.080 Maintenance – Stormwater facilities accepted by the City for maintenance.

The City is authorized to assume the maintenance of stormwater facilities and stormwater treatment and flow control BMPs/facilities approved and constructed following the requirements of Chapter 16.26 IMC after the expiration of the 2-year maintenance period in connection with the subdivision of land if:

A. All of the requirements of Chapter 16.26 IMC have been fully complied with;

B. The facilities, as designed and constructed, conform to the provisions of this chapter;

C. The facilities have been inspected and approved by the Department after their second year of operation;

D. All necessary easements or dedications entitling the City to properly access, operate, and maintain the facilities have been recorded with the King County Recorder’s Office, and a copy has been conveyed to the City;

E. A stormwater facility or stormwater treatment and flow control BMP/facility, which does not meet the criteria of this section, shall remain the responsibility of the applicant required to construct the facility and persons holding title to the property for which the facility was required. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.090 Maintenance – Stormwater facilities not accepted by the City for maintenance.

A. The person or persons holding title to the property and the applicant required to construct a stormwater facility or stormwater treatment and flow control BMPs/facility shall remain responsible for the facility’s continual performance, operation and maintenance in accordance with the standards and requirements of the Department and remain responsible for any liability as a result of these duties. This requirement shall apply to all facilities not otherwise accepted by the City for maintenance in accordance with IMC 13.28.080. For facilities approved but not accepted by the City, a copy of the operation and maintenance manual prepared in accordance with the approved permit for the facility shall be retained on site or within reasonable access to the site, and shall be transferred with the property to the new owner. The operations and maintenance manual for the facility shall identify the equipment and access required for maintenance. All stormwater facilities and stormwater treatment and flow control BMPs/facilities shall be accessible to maintenance vehicles and equipment.

B. The City is authorized to inspect stormwater facilities and stormwater treatment and flow control BMPs/facilities and issue orders requiring maintenance and/or repair, replacement, or restoration in accordance with IMC 13.28.130. Failure to effect such maintenance and/or repairs, replacement, or restoration constitutes a violation of this chapter, and the penalties provided in Chapter 1.36 IMC shall be enforced against the person or persons holding title to the subject property served by the facility.

C. Where not specifically defined in this section, the responsibility for performance, operation and maintenance of stormwater facilities, stormwater treatment and flow control BMPs/facilities, and conveyance systems, both natural and constructed, shall be determined on a case-by-case basis. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.100 Maintenance – Minimum standards.

A. Maintenance Required. All stormwater facilities and stormwater treatment and flow control BMPs/facilities shall be maintained in accordance with this chapter and the Stormwater Design Manual.

1. The Director shall establish inspection, scheduling, standards and compliance procedures for maintenance of all stormwater facilities and stormwater treatment and flow control BMPs/facilities.

2. Maintenance shall include removal of debris, sediment and vegetation, street sweeping, facility repairs, improvements or replacement, and other activities that are needed to ensure continued performance of the stormwater facility or stormwater treatment and flow control BMPs/facility at a level commensurate with the original approved facility design. Maintenance standards for stormwater facilities shall conform to the operation and maintenance plan contained in Volume V of the Ecology Stormwater Management Manual for Western Washington.

3. The Director may develop additional maintenance requirements as necessary to comply with new Federal or State regulatory programs.

4. Utility cuts in permeable pavement or permeable concrete shall be backfilled with the same aggregate base used under the permeable pavement specification to allow continued conveyance of stormwater and treatment per permitted design, unless utility cut is so small that permeable asphalt/concrete batch is not available. System shall continue to meet performance for which it was designed.

B. Disposal of Waste from Maintenance Activities. Disposal of waste from maintenance activities shall follow all applicable Federal, State and local regulations. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.115 Source control best management practices.

A. Source Control BMP Requirements. Source control requirements are contained in the Stormwater Pollution Prevention Manual, which is also identified as Volume IV of the adopted 2014 Ecology Stormwater Management Manual for Western Washington.

B. BMP Requirements.

1. The SPP Manual provides information on source control pollution prevention best management practices (BMPs) for commercial, industrial, multifamily residential, single-family residential, and public sites that shall be implemented in accordance with this chapter to reduce the contamination of stormwater, surface water, and groundwater.

2. All proposals for new development and redevelopment shall include source control pollution prevention BMPs as required by the Stormwater Design Manual and the SPP Manual.

3. In applying the SPP Manual to prohibited discharges from normal single-family residential activities, the Director shall use public education and technical assistance as the primary method of gaining compliance with this chapter. Enforcement action will be used if the Director determines:

a. The discharge from a normal single-family residential activity, whether singly or in combination with other discharges, is causing a significant contribution of contaminants to surface and stormwater or groundwater; or

b. The discharge from a normal single-family residential activity poses a hazard to the public health, safety or welfare, endangers any property or adversely affects the safety and operation of City right-of-way, utilities, or other City-owned or maintained property.

4. In applying the source control BMPs to prohibited discharges from existing commercial, industrial, multifamily and public sites, the City may require the application of operational or structural source control BMPs at any time through formal code enforcement for pollutant generating sources associated with existing land uses and activities where necessary to prevent illicit discharges. Failure to comply shall result in enforcement action in accordance with Chapter 1.36 IMC.

C. Exemptions.

1. Persons implementing BMPs through another approved Federal, State, or local program will not be required to implement the BMPs prescribed in the SPP Manual, unless the Director determines that the other program’s BMPs are ineffective at minimizing the discharge of contaminants. If the other program requires the development of a stormwater pollution prevention plan, the person shall make their plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons who:

a. Have obtained and are complying with a general or individual permit under the NPDES Stormwater Permit Program from the Washington State Department of Ecology;

b. Are a public facility implementing BMPs in compliance with the stormwater management program of an NPDES municipal stormwater permit;

c. Are voluntarily implementing other BMPs, which are equivalent measures, methods, or practices to the BMPs in the SPP Manual. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.120 Hazards.

Whenever the Director determines that any existing construction site, erosion and sedimentation problem, developed parcel with runoff containing contaminants, and/or drainage facility poses a hazard to life and limb, endangers any property, endangers the health of aquatic life and/or habitat, and/or adversely affects the condition or capacity of other drainage facilities, the safety and operation of public right-of-way, utilities, waters of the State, and/or other property owned or maintained by the City, the applicant/person to whom the permit was issued pursuant to IMC 13.28.030, the owner of the property within which the drainage facility is located, the applicant/person responsible for maintenance of the facility, and/or other person or agent in control of said property, upon receipt of notice in writing from the Director shall within the period specified therein repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

Should the Director have reasonable cause to believe that the situation is so adverse as to preclude written notice, the Director may take the measures necessary to eliminate the hazardous situation; provided, that the Director shall first make a reasonable effort to locate the owner before acting. In such instances the applicant of whom a drainage plan was required pursuant to IMC 13.28.030, the owner of the property and/or the person responsible for the maintenance of the facility shall be obligated for the payment of all costs incurred. If costs are incurred and a financial guarantee pursuant to this chapter or other City requirement has been posted, the Director shall have the authority to collect against the financial guarantee to cover costs incurred. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.130 Administration.

A. Administration.

1. Director. The Director shall administer this chapter and shall be referred to as the Director. The Director shall have the authority to develop and implement administrative procedures to administer and enforce this chapter.

2. Review and Approval. The Director may approve, conditionally approve, or deny an application for activities regulated by this chapter.

B. Inspections.

1. Authority. The Director is authorized to gain access to private property, make such inspections of stormwater facilities, and take such actions as may be required to enforce the provisions of this chapter.

2. Procedures for Entry to Private Property. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, monitor for proper function of drainage facilities 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 enter such premises at all reasonable times 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, after reasonable effort, the inspector is unable to locate the owner or other person having charge or control of the premises or portion thereof, and has reason to believe the condition of the stormwater system creates an imminent hazard, the inspector may enter.

3. Property Owner’s Responsibility to Provide and Maintain Access to Stormwater Facilities. Proper ingress and egress to any drainage facility shall be provided to the Director to inspect, monitor or perform any duty imposed upon the Director by this chapter. The Director shall notify the responsible person in writing of failure to comply with this access requirement. Failure to maintain and provide proper ingress and egress to stormwater facilities shall result in enforcement action in accordance with IMC 13.28.135.

C. Orders.

1. Authority. The Director is authorized to issue to an owner or persons representing an owner an order to maintain or repair a drainage facility to bring it into compliance with this chapter.

2. Procedure. The order shall include:

a. A description of the specific maintenance or repair needed to bring the stormwater facility into compliance with this chapter;

b. A reasonable time to comply, depending on the circumstances;

c. Penalties that may be incurred by any owner of a drainage facility not in compliance with this chapter; and

d. Any required structural repairs to a drainage facility are subject to approval by the Director. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.135 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 Director. 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 convicted of a violation(s) 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 restore any property to its original condition, as nearly as practicable.

D. Reinspection Fees. In addition to criminal and civil penalties, the Director may impose a reinspection fee for any account or storm drainage facility found not to be in compliance of this chapter. The inspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance of this chapter.

E. The City may require operational or structural source control BMPs at any time to reduce or eliminate pollutants and nonstormwater discharges.

F. Reimbursement for Abatement. If the City of Issaquah utilizes City funds, equipment, or staff to correct a nonstormwater discharge, abate pollution from the stormwater drainage system, or remove/disconnect an illicit connection, the City will charge the responsible person for those expenses incurred. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000. Formerly 13.28.130(E)).

13.28.140 Appeals.

The final decision of the development permit under which drainage review is required in accordance with IMC 13.28.030, including the specific requirements and conditions of this chapter, is appealable. Guidelines and procedures for such appeals shall follow the appeal process contained in Chapter 18.04 IMC, Procedures. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).

13.28.150 Severability.

If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provision to other persons or property shall not be affected. (Ord. 2783 § 2 (Exh. A2), 2016; Ord. 2560 § 2 (Exh. A1), 2009; Ord. 2288 § 2, 2000).