As used in this chapter:
“Best management practice” or “BMP” means physical, structural and managerial practices that when used singly or in combination prevent or reduce erosion.
“BMP Manual” means:
1. Chapter 11-5 of the Stormwater Management Manual for the Puget Sound Basin developed by the Washington Department of Ecology and dated February, 1992; or
2. Section 3 of the Erosion Control Plans Technical Guidance Handbook developed by the City of Portland and Washington County, Oregon, and dated November, 1989.
“Director” means the director of public works or his designee.
“Land-disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) or existing soil topography. Land-disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
“New development” means the following activities: land-disturbing activities; structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; and subdivision, short plat and binding site plans, as defined in RCW 58.17.020.
“Redevelopment” means, on an already developed site, the creation or addition of impervious surfaces, structural development including construction, installation or expansion of a building or other structure and/or replacement of impervious surfaces that are not part of a routine maintenance activity; and land-disturbing activities associated with structural or impervious redevelopment. (Ord. 984 § 3, 1997: Ord. 939 § 1, 1996).

A. Provisions of this chapter apply to land disturbing activities greater than two thousand square feet in size.
B. Agriculture and forest practices regulated under Title 222 WAC are exempt from the provisions of this chapter. (Ord. 939 § 2, 1996).

A. Meeting the requirements of this chapter is the responsibility of both the property owner on whose parcel the land disturbing activity occurs and the person undertaking such activity. In addition, if the land-disturbing activity involves a city-issued permit, the permit holder is also responsible for meeting the requirements of this chapter. Any activity requiring approval of this chapter must also comply with Chapter 15.02, Critical Area Protection, of this code.
B. If the BMPs approved and applied to a site are insufficient to prevent sediment from reaching waterbodies, adjacent properties, or public right-of-ways, then the director shall require additional BMPs. (Ord. 1029 § 3, 1999; Ord. 939 § 3, 1996).

A. Construction Access Route. Whenever possible, construction vehicle access shall be limited to one route. Access points shall be stabilized with quarry spall or crushed rock to minimize the tracking of sediment (mud) onto public roads.
B. Sediment Removal from Roadways. If sediment is transported onto a road surface, the roads shall be cleaned thoroughly at the end of the work day, or more often if necessary. Significant soil deposits shall be removed from roads by shoveling or sweeping. Street washing, which must be approved by the director, shall be allowed only after sediment is removed in this manner.
C. Stabilization of Denuded Areas. All exposed soils shall be stabilized, in a timely manner, by suitable application of BMPs, including but not limited to sod or other vegetation, plastic covering, mulching or application of crushed aggregate on areas to be paved. All BMPs shall be selected, designed, and maintained in accordance with the BMP Manual.
D. Protection of Waterbodies and Adjacent Properties. Waterbodies and adjacent properties shall be protected from sediment deposition by appropriate use of vegetative filter strips, sediment barriers or filters, dikes or mulching, or by a combination of these measures and other appropriate BMPs.
E. Sediment Traps. Prior to leaving sites larger than one acre, stormwater runoff shall pass through a sediment pond, sediment trap, or other appropriate BMP designed to treat the two-year, twenty-four-hour storm. Sediment traps alone are not adequate on sites greater than three acres.
F. Storm Drain Inlet Protection. All storm drain inlets shall be protected so that stormwater runoff shall not enter the conveyance system without first being filtered or otherwise treated to remove sediment.
G. Underground Utility Construction. The construction of underground utility lines shall be subject to the following criteria:
1. The length of trench opened at one time shall be minimized.
2. Where consistent with safety and space considerations, excavated material shall be placed on the uphill side of trenches.
3. Trench dewatering devices shall discharge into a sediment trap or sediment pond.
4. BMPs shall be used to control erosion during and after construction.
5. BMPs damaged during construction shall be replaced or repaired.
H. Maintenance. All erosion and sediment control BMPs shall be regularly inspected and maintained by the property owner or permit holder to ensure continued performance of their intended function. (Ord. 939 § 4, 1996).

A. Preliminary Erosion Control Plan.
1. A preliminary erosion control plan shall be submitted at the time of application for each of the following land use applications and permits:
a. Residential construction;
b. Multi-dwelling construction;
c. Commercial construction;
d. Industrial construction;
e. Short plats and site plan reviews subject to SEPA review;
f. Subdivisions; and
g. Site plan approvals.
2. The preliminary erosion control plan, which can be included on the preliminary drainage plan, shall include:
a. Site plan showing site topography, existing and planned drainage features, and existing and proposed structures;
b. Preliminary soil analysis describing soil types on site and their erosion potential; and
c. Conceptual erosion control plan discussing BMPs to be utilized to control erosion and general location of planned BMPs.
3. The erosion control BMPs proposed in the preliminary plan shall be based on those contained in the BMP Manual.
B. Final Erosion Control Plan.
1. A final erosion control plan shall be submitted and approved by the director prior to construction for any of the following projects requiring a city permit or approval:
a. Residential construction;
b. Multi-dwelling construction;
c. Commercial construction;
d. Industrial construction;
e. Subdivisions;
f. Short subdivisions;
g. Site plan approvals;
h. Grading permits; and
i. Other applications that the director determines pose a high risk of erosion impacting adjacent properties, water bodies or public rights-of-way.
2. The final erosion control plan shall include:
a. Preliminary erosion control plan, if one was required, and an explanation of any variances between the preliminary and final plan;
b. Site plan showing location, sizes and other design features of the proposed BMPs to be applied to the site;
c. Summary of the design calculations used for sizing the BMPs;
d. Maintenance schedule for insuring the BMPs continue to function until the site is revegetated and stable; and
e. Contingency plan discussing additional BMPs to be applied if proposed BMPs fail or are insufficient to control erosion.
3. The erosion control BMPs shall be designed in conformance with the BMP Manual. (Ord. 984 § 4, 1997: Ord. 939 § 5, 1996).

A. The severity of enforcement shall generally correspond to the degree of actual or potential impact of erosion from a site on natural and manmade water bodies, adjacent property and stormwater facilities.
B. When a violation of this chapter occurs, the director may utilize one or a combination of the following enforcement mechanisms:
1. Criminal Penalties. A violation of any of the provisions of this chapter shall constitute a misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter is committed. Any person who violates any provision of this chapter shall be subject, upon conviction in court, to a fine not to exceed one thousand dollars per day and/or ninety days in jail.
2. Civil Penalties. The city council intends that the civil penalties provided in this chapter shall generally be applied to first violations or other violations when deemed effective. The criminal penalty shall be used when in the opinion of the director or city attorney, the civil penalty will not be effective or timely, or when the violation is a second or subsequent violation. At the time a violation of this chapter has been determined, civil enforcement action may be commenced in accordance with the provisions of this section, and may include one or more of the following:
a. The director or designee may issue a citation imposing a penalty upon any person who creates or maintains an erosion control nuisance, violates any erosion control ordinance or regulations adopted thereunder, or by each act commission or omission procures, aids or abets such a violation;
b. The director or designee may suspend work or revoke a permit, as appropriate, if s/he finds that:
i. The work is not authorized by a valid permit, or
ii. The permittee is not complying with the terms of the permit or approved plans, and/or
iii. The work is, in the director’s judgment, adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainageway, watercourse, critical area or stormwater facility, or is a hazard to the public health, safety, or welfare;
c. Any person who violates any provision of this chapter or fails to comply with a stop work order issued under this chapter will be subject to a civil penalty. Each day may constitute a new violation. For each violation defined above, the penalty shall be two hundred fifty dollars. The penalty shall be five hundred dollars for the second separate violation and one thousand dollars for the third and subsequent separate violations of the same regulation within any five-year period;
d. All civil penalties assessed will be enforced and collected in accordance with lien, personal obligation, denial of building permits and other procedures authorized by law;
e. The civil citation shall contain the following information or blanks in which such information is entered, on such form as is acceptable to the Kalama police department:
i. File number,
ii. Name of the person cited,
iii. Name of the property owner,
iv. Section of the ordinance violated,
v. A brief description of the violation of which the person is charged in such a manner as can be readily understood by a person making a reasonable effort to do so,
vi. The date and place at which the violation occurred and the date on which the citation was issued,
vii. A statement of the action, if any, required to be taken as determined by the director and the timeline in which to do so,
viii. A statement that a minimum cumulative civil penalty in the amount of two hundred fifty dollars per day for each violation shall be assessed against the person to whom the notice is directed,
ix. A statement that the determination of violation may be appealed as prescribed by Section 14.18.070 of this chapter by filing a written notice with the director within ten days of service of the citation for violation, and that the per diem civil penalty shall not accrue when the administrative appeal is pending,
x. The citation shall contain a certification, if made by a duly authorized enforcement official, to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed a violation of the erosion control ordinance. (Ord. 984 § 5 (part), 1997).

The citation shall be served upon the person or persons to whom it is directed, either personally, or in a manner provided for personal service of notices of complaint in district court, or by mailing a copy of the citation by certified mail, postage prepaid, return receipt requested, to such person at their last known address. Proof of personal service shall be made at the time of service by written declaration by the person effecting service, declaring time, date and manner by which service was made. (Ord. 984 § 5 (part), 1997).

A. Hearing Officer--Appointment. The mayor shall appoint one or more hearing officers to hear appeals relating to the interpretation and/or enforcement of this chapter. The hearing officer may be a city employee, but shall not be an employee of the city attorney’s office nor of the public works department. Contracts may be entered into by the person to act as hearing officer, to be compensated as shall be provided therein and paid out of money made available and budgeted therefor.
B. Hearing Officer--Powers and Duties.
1. A hearing officer shall hear all appeals taken from the administration of this chapter. The hearing officer shall hear evidence presented by the city attorney and/or the director. The hearing officer shall likewise hear evidence presented by the person appealing the decision or interpretation.
2. The hearing officer shall give substantial weight to the director’s decision/interpretation and shall substitute his/her judgment only upon a showing by the appellant that the director’s decision/interpretation is arbitrary and capricious or clearly erroneous. Formal rules of evidence need not be followed, but witnesses shall be sworn by the hearing officer and a written order issued.
C. Appeal Procedure.
1. All appeals shall be filed in writing with the director or such other agency as the city may designate. All appeals must be filed within ten working days of the date of the issuance of the citation, decision or interpretation.
2. All appeals to the hearing officer shall contain the following:
a. The names of appellants participating in the appeal;
b. A brief statement setting forth the action protested and the reasons why it is claimed such protested action should be reversed, modified or otherwise set aside;
c. The signature of all parties named and telephone numbers and mailing addresses;
d. Verification, by declaration under penalty of perjury, of at least one appellant of the truth of the matter stated in the appeal. Upon receiving the appeal, the city clerk or other designated person or agency shall transmit the same to the designated hearing officer as provided in this section.
3. Failure of any person to file a timely appeal or failure of any person who has filed an appeal to attend the scheduled hearing shall constitute a waiver of his or her right to an appeal hearing.
4. A copy of the final order of the hearing officer shall be mailed to the appellant(s) within three working days following the entry of a written order under this section. Unless otherwise stated in the order, such order shall be final and conclusive ten days from the date of mailing thereof unless any party of record makes application to a court of competent jurisdiction for judicial review and stay of enforcement. (Ord. 984 § 5 (part), 1997).

If the director finds there is an immediate hazard to public safety he may abate such hazard without following the procedures of this chapter. In such a case a hearing may be held or offered after the abatement, after notice, and if the hearing officer finds that a hazard existed and that its immediate correction was necessary, the amount of the cost shall be billed and if not paid shall be filed as a lien against the property. (Ord. 984 § 5 (part), 1997).

The civil penalty imposed pursuant to this chapter constitutes a personal obligation of the person or persons to whom the citation is directed. The city attorney on behalf of the city is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. (Ord. 984 § 5 (part), 1997).

The director and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, and compromise or otherwise dispose of a lawsuit when to do so would be in the best interest of the city. (Ord. 984 § 5 (part), 1997).

Nothing in this chapter shall be deemed to impose any liability upon the city of Kalama or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep their property in a safe and healthy condition. (Ord. 984 § 5 (part), 1997).