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The contractor shall exercise all necessary precautions throughout the life of the project to prevent pollution, erosion, siltation, and damage to property.

Erosion and sediment control throughout the project including abutting and downstream properties shall be the responsibility of the developer.

The developer shall determine the appropriate temporary erosion and sediment control necessary for the construction time of the year and shall furnish and install the necessary controls as the first order of work. Such erosion control shall be fully maintained during the course of construction, modifying the control when necessary.

Temporary erosion and sediment control shall consist of and be installed in accordance with the more stringent conditions of Offsite County Use Permit Conditions, Requirements of Endangered Species Act, city of Mill Creek or Snohomish County best management practice or Department of Ecology’s Stormwater Management for the Puget Sound Basin Technical Manual for water quality.

The developer shall bear sole responsibility for damage to completed portions of the project and to property located off the project caused by erosion, siltation, runoff, or other related items during construction of the project. The developer shall also bear sole responsibility for any pollution of rivers, streams, groundwater, or other waters, which may occur as a result of construction operations.

Upon failure of the developer to provide immediately such erosion control, the district shall be at liberty, without further notice to the developer, to provide and/or remove the necessary erosion control. The developer shall reimburse the district for any costs incurred on account thereof. [Res. 735 § 1, 2017.]