§ 14.26.120. Stormwater permits.

A.

A stormwater permit is required for the following:

1.

Construction activities that disturb land as defined in this section;

2.

Post-construction permanent BMPs;

3.

Other temporary or continuous discharges to the MS4 as defined in this section.

B.

It shall be unlawful for any person to conduct any construction activity resulting in the following total disturbed area without first obtaining a permit for such construction activity:

1.

One acre or more;

2.

Less than one acre if such activities are part of a larger common plan of development, or sale that would disturb one or more acres, even though multiple, separate, and distinct land development activities may take place at different times on different schedules;

3.

A disturbed area of any size if the city determines that the construction activity could result in a discharge of pollutants that could have a detrimental effect on an adjacent watercourse or wetlands, or could result in pollutants being discharged to the MS4 that would adversely affect public health or the environment.

C.

Stormwater requirements related to construction activities may be included in other permits issued by the city in order to meet the requirements of this chapter. These permits include, but are not limited to, building permits required by title 16 of this Code and permits for work in the public way or use of public places required by chapter 13.04 or chapter 13.37 of this Code.

D.

A permit is required for post-construction permanent BMPs that are designed and constructed to control the discharge of pollutants from development per section 14.26.110 of this chapter.

E.

A permit may be required for other temporary or continuous discharges to the MS4 if the city determines that a permit is needed to prevent pollutants from being discharged to the MS4, or to further the purposes of this chapter or the Municipal Code. The city may also require a permit for discharges to the MS4 that are allowed by state or federal regulations.

F.

The city shall not issue a permit if the applicant fails to provide the application, design or other information required in this chapter; fails to pay the fees required by this chapter; or if the discharge, either by itself or in combination with other discharges, unduly restricts the capacity of the MS4 to carry design storm flows; or if requested by the city, fails to provide proof of issuance of any state or federal permit.

G.

The city may modify permits to comply with changes in state, federal, or local requirements or regulations, or to further the purposes of this chapter. If applicable, the permit may include a reasonable time schedule for complying with the modified requirements.

(Ord. No. O-2011-58, § 1, 8-23-2011; Ord. No. O-2012-83, § 8, 12-4-2012)