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Responsibility to Implement Best Management Practices. Notwithstanding the presence or absence of requirements of this chapter, any person engaged in activities or operations, or owning facilities or property, which will or may result in pollutants entering stormwater, the storm drain system, or waters of the U.S., shall implement best management practices to the extent they are technologically achievable to prevent and reduce such pollutants.

(a) Any person undertaking land disturbance activities shall comply with the requirements and standards set forth in this chapter. Permit requirements for land disturbance activities are set forth in this chapter.

(b) Applicability. Regardless of whether or not a land disturbance activity requires a permit, any person engaged in any land disturbance activity shall comply with the spirit and intent of this chapter. At a minimum, such persons shall employ BMPs for erosion and sediment control in proportion to the scale of the activity to reduce the amount of sediment or other pollutants in stormwater discharges associated with those activities.

(c) Responsible Person(s). When the term “responsible person(s)” is used in this chapter, it shall mean the landowner of the property upon which a land disturbance activity takes place and any person(s) performing a land disturbance activity. When a permit is issued, a landowner is responsible for land disturbance activities from permit issuance to closure, unless the City approves a transfer of responsibility to a new landowner when land is sold.

(d) Time Requirement. Where land disturbance activities have temporarily or permanently ceased on a portion of a project site for over 14 consecutive days, the disturbed areas shall be protected from erosion by stabilizing the areas with mulch or other similarly effective soil stabilizing BMPs, unless the time frame for compliance is extended by the Utilities Director. Where implementation of stabilization measures is precluded by snow cover, stabilization measures shall be initiated as soon as practicable. (Ord. 20089 § 104, 10-17-17.)

Cross References:Utilities Department, TMC 2.20.110.