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(1) Compliance with this chapter shall be achieved through the use of the best management practices described in the stormwater manuals. In applying stormwater pollution prevention measures, the Director will first require the implementation of source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the Director may require implementation of treatment BMPs as set forth in AKART. The 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.

(2) In applying stormwater pollution prevention measures to prohibited discharges from normal residential activities, the Director will use public education and warnings as the primary method of gaining compliance with this chapter and will not use citations, notice and orders, assessment of civil penalties and fines, or other compliance actions unless the Director determines:

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

(3) Persons implementing BMPs through another Federal, State, or local program will not be required to implement the BMPs prescribed in the stormwater manuals, unless the Director determines the alternative BMPs to be ineffective at reducing the discharge or contaminants. If the other program requires the development of a best management practices plan, the person shall make the plan available to the City upon request. Persons who qualify for exemptions include, but are not limited to, persons:

(a) Required to obtain a general or individual NPDES permit for stormwater discharges from the Washington State Department of Ecology;

(b) Implementing and maintaining, as scheduled, a King County Conservation District approved farm management plan;

(c) Who have received a permit under a Washington State Department of Ecology NPDES general or individual permit for commercial dairy operations;

(d) Implementing BMPs in compliance with City of Covington Development and Design Standards and Specifications: Animals, Home Occupation, Home Industry (Chapter 18.80 CMC);

(e) Implementing BMPs in compliance with the management program of the City’s municipal NPDES permit;

(f) Engaged in forest practices, with the exception of forest practices occurring on lands platted after January 1, 1960, or on lands being converted to another use, or when regulatory authority is otherwise provided to local government by RCW 76.09.240; or

(g) Identified by the Director of Public Works as being exempt from this section. (Ord. 13-09 § 10 (Exh. 2))