Chapter 13.30
WATERSHED
Sections:
13.30.010 Declaration of jurisdiction over watershed – Area described.
13.30.040 Penalty for violations.
13.30.050 Nuisance declared – Abatement.
Prior legislation: Ord. 351.
13.30.010 Declaration of jurisdiction over watershed – Area described.
For the purpose of protecting the drinking water furnished to the inhabitants of the city of Roslyn from pollution, the city of Roslyn declares itself to have jurisdiction of and hereby assumes jurisdiction over its watershed located in the Domerie Creek drainage basin which constitutes the sole source of supply from which the city of Roslyn obtains its supply of drinking water, said area and property being more particularly described in Exhibit “A” attached to the ordinance codified in this chapter and by this reference incorporated herein. [Ord. 560 § 1, 1980.]
13.30.020 Permit required.
It shall be unlawful for any person or other legal entity to undertake any project or activities within or upon any part of the watershed without first having obtained a written permit issued and signed by the city clerk of the city of Roslyn at the direction of the city council of the city of Roslyn; provided, however, that nothing in this section shall be construed to prevent or prohibit any law enforcement officer or other personnel of the city of Roslyn in the discharge of his or her duties to enter within, upon or through the watershed without first obtaining such permit. Application for a permit shall be made by the person proposing the project or activity and shall include with the application an environmental checklist as prescribed under WAC 197-10-365. The issuance of any such permit shall be only after any and all significant adverse impacts upon the environment as a result of the proposed project or activities to be undertaken in the watershed are considered and evaluated by the city council and may be appropriately conditioned in a manner that would avoid any such adverse impact. The issuance of any such permit may be denied if, after such consideration and evaluation, the city council determines: (A) that such project activities to be undertaken may have a significant adverse impact upon the quality, quantity and/or cost of the city’s public drinking water supply; and (B) that the imposition of conditions for the issuance of any such permit may not avoid a substantial risk of a significant adverse impact upon the quality, quantity and/or cost of the city’s public drinking water supply immediately or in the future. [Ord. 560 § 2, 1980.]
13.30.030 Offense.
The undertaking of any project or activities within or upon any part of the watershed without a permit first being obtained as required in RMC 13.30.020, or not conducted or maintained in compliance with any conditions of such permit or conducted or maintained after any permit therefor has been revoked or expired, is prohibited and shall constitute an offense under this chapter and each day any such offense continues shall constitute a distinct and separate offense under this chapter. [Ord. 560 § 3, 1980.]
13.30.040 Penalty for violations.
Any person who violates or fails, neglects or refuses to comply with any provision of this chapter or commits an offense under this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $500.00 for each offense committed by such person. [Ord. 560 § 4, 1980.]
13.30.050 Nuisance declared – Abatement.
Any offense committed hereunder is hereby declared a nuisance and, in addition to the penalties for violations provided in RMC 13.30.040, shall be abated in the manner set forth in RCW 35.88.050, as that statute may hereafter be amended, and in addition, and as an additional remedy, the city of Roslyn may, at its discretion, by civil action in the superior court of Kittitas County, Washington, have the maintenance of any nuisance or offense under this chapter enjoined and abated and such injunction may be perpetual. [Ord. 560 § 5, 1980.]
13.30.060 Enforcement.
Pursuant to RCW 35.88.020, the mayor shall have authority to appoint special policemen to enforce this chapter and/or the rules and regulations of the Washington State Board of Health. [Ord. 560 § 6, 1980.]