13.26A.035 Best management practices requirements.

A.    Best Management Practices.

1.    Existing development, current activities, and new development activities not covered by the Clark County stormwater and erosion control ordinance (Chapter 40.386) that are not listed in the exemptions of this subsection are required to apply stormwater quality BMPs listed in the Clark County Stormwater Manual. A BMP not included in this manual may be approved by the responsible official if the proponent demonstrates that it provides equivalent effectiveness. An exemption from the requirement to use BMPs does not provide an exemption allowing prohibited discharges.

2.    In applying the Clark County Stormwater Manual for existing development, the responsible official shall first require the implementation of nonstructural source control BMPs. If these are not sufficient to prevent contaminants from entering surface and stormwater or groundwater, the responsible official may require implementation of structural source control BMPs or treatment BMPs, using AKART.

B.    Exemptions. The following persons or entities are exempt from the provisions of this section unless the responsible official determines the alternative BMPs to be ineffective at reducing the discharge of contaminants or activities are causing a prohibited discharge:

1.    Persons implementing BMPs through another federal or state regulatory or resource management program; provided the responsible official may perform inspections to ensure compliance with this chapter. If the other program requires the development of a best management practices plan, the person shall make that plan available to Clark County upon request;

2.    Persons engaged in the production of crops or livestock for commercial trade; provided, that such persons shall comply with the requirements of Chapter 40.445;

3.    Persons engaged in forest practices regulated under WAC Title 222, except for Class IV general forest practices as defined under Chapter 222-16 WAC; and

4.    Persons conducting normal residential activities at property containing a single-family detached dwelling, duplex or triplex and modifications to it on a lot approved for such use, unless the responsible official determines that these activities pose a hazard to public health, safety or welfare; endanger any property; or adversely affect the safety and operation of county right-of-way, utilities, and/or other property owned or maintained by the county. (Exh. A of Ord. 1998-11-17; amended by Sec. 3 (Exh. B) of Ord. 2000-07-34; amended by Sec. 3 (Exh. 2) of Ord. 2009-01-01; amended by Sec. 7 of Ord. 2015-11-24)