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1any such impacts would threaten to violate applicable state or federal environmental quality <br />2statutes, rules and standards. <br />3The seventh assignment of error is denied. <br />EIGHTH ASSIGNMENT OF ERROR <br />4 <br />5 Petitioner’s eighth assignment of error challenges Ordinance 20417. Section 17 of <br />6Ordinance 20417 amends EC 9.6790 by adding a new subsection (6) to EC 9.6790. EC <br />79.6790 was enacted by a prior ordinance that was not appealed—Ordinance 20369. <br />8Ordinance 20369 was adopted on June 14, 2006 and took effect on July 14, 2006. EC 9.6790 <br />9is set out below, with the new subsection (6) that was added by section 17 of Ordinance <br />1020417 shown in italics: <br />Stormwater Management Manual <br />11“. In order to implement Section 9.6791 <br />12through 9.6797 of this code, the City Manager shall adopt in accordance with <br />13EC 2.019, City Manager – Administrative and Rulemaking Authority and <br />14Procedures, a Stormwater Management Manual. The Stormwater <br />15Management Manual may contain forms, maps and facility agreements and <br />16shall include requirements that are consistent with the following goals: <br />17“(1) Reduce runoff pollution from development by reducing impervious <br />18surfaces and capturing and treating approximately 80% of the average <br />19annual rainfall. <br />20“(2) Control and minimize flows from development in the Headwater <br />21Areas using a variety of techniques to release water to downstream <br />22conveyance systems at a slower rate and lower volume, thereby <br />23reducing the potential for further aggravation of instream erosion <br />24problems. <br />25“(3) Emphasize stormwater management facilities that incorporate <br />26vegetation as a key element, and include design and construction <br />27requirements that ensure landscape plant survival and overall <br />28stormwater facility functional success. <br />29“(4) Operate and maintain stormwater management facilities in accordance <br />30with facility-specific O & M Plans. <br />31“(5) Reduce pollutants of concern that are generated by identified site uses <br />32and site characteristics that are not addressed solely through the <br />33pollution reduction measures by implementing additional specific <br />34source control methods including reducing or eliminating pathways <br />Page 34 <br /> <br />