10.32.070 Exemptions.
The following activities are exempt from this Chapter:
(1) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. The responsible party shall clean and/or remove any eroded material and sediment immediately after the emergency situation is alleviated.
(2) Forest practices regulated under Title 222 WAC. Conversions of forest lands to other uses are not exempt. Silvicultural roads that are used to access other land uses subject to this Chapter are not exempt.
(3) Establishment and maintenance of private or community gardens for the purposes of growing food for human consumption, conditioned to the provisions of Section 10.32.060(3).
(4) Commercial agriculture practices involving working the land for production. Construction of impervious surfaces is not exempt.
(5) The following road and parking area maintenance practices are exempt:
(a) Pothole and square cut patching;
(b) Crack sealing;
(c) Resurfacing with in-kind material without expanding the road prism;
(d) Overlaying existing asphalt or concrete pavement with bituminous surface treatment (BST or “chip seal”), asphalt or concrete without expanding the area of coverage;
(e) Shoulder grading;
(f) Reshaping/regrading drainage systems; and,
(g) Vegetation maintenance.
(6) Oil and gas field activities such as construction of drilling sites, waste management pits, and access roads, as well as construction of transportation and treatment infrastructure such as pipelines, natural gas treatment plants, natural gas pipeline compressor stations, and crude oil pumping stations.
Discharge of sediment or other stormwater pollution from an oil or gas field activity is subject to the IDDE provisions of PCC 10.31.
(7) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a drainage facility or drainage system that conforms to this Chapter.
Discharge of sediment from a routine maintenance activity is subject to the IDDE provisions of PCC 10.31. (Ord. 11-1 §8, 2011).