A. It is unlawful for any person to throw, drain, run or otherwise discharge into the stormwater system of the city or into the stormwater system of any development within the city, or to cause, permit or suffer to be thrown, run, drained, allowed to seep or otherwise discharged into such stormwater systems, any organic or inorganic matter that shall cause or tend to cause impairment of the function of stormwater conveyance, treatment, or infiltration facilities or cause or tend to cause pollution of waters which receive the discharge from stormwater systems. The discharge of organic or inorganic matter shall be considered to cause or tend to cause pollution of receiving waters when such matter contains oil or other petroleum products sufficient to allow accumulation in amounts sufficient to be unsightly or deleterious, or produces color, odor or other conditions sufficient to be a nuisance, or contains materials or combinations of materials which are toxic or harmful to human, animal, plant or aquatic life either by virtue of the nature of the matter itself or the effect the volume of such matter has on the receiving waters of a stormwater system.

B. Any person, firm or corporation found to be in violation of 13.08.015(A) shall be guilty of a misdemeanor and shall be fined in an amount not to exceed $5,000.00. In setting the amount of the fine, the court may take into account in addition to other factors normally considered, the previous history of the defendant regarding stormwater violations, the severity of the violation’s impact on public health and/or the environment and whether or not action has been taken by the state of Washington pursuant to Revised Code of Washington Chapter 90.48 to impose a civil penalty. (Ord. 1031, 1996; Ord. 791, 1986).