[Ord. No.
2695, Added, 2-16-2016]
[Ord. No.
2695, Added, 2-16-2016; Ord. No. 2890, Amended, 3-17-2022; amended 11-21-2023 by Ord. No. 2942]
1.
Purpose and Objectives.
a.
Purpose.
i.
Establish minimum stormwater management
requirements to protect the water quality of receiving waters within
the jurisdiction of the City of Lake Oswego;
ii.
Require a level of stormwater management
to protect downstream parties from the effect of changes to runoff
direction or quantity due to development; and
iii.
Avoid a net negative
impact from certain maintenance activities, development, redevelopment,
and stormwater discharges on nearby streams, wetlands, groundwater,
and other water bodies.
iv.
To protect the public health and
environment from spills and discharges of pollutants into the Surface
Water Management System from industrial and commercial uses.
v.
To protect the water quality of the
City's watercourses and Surface Water Management System.
vi.
To implement the City's NPDES MS4
Phase I permit regarding industrial and commercial discharges.
b.
Objectives. The purpose is accomplished
by meeting the following objectives:
i.
Protect the health, safety, and welfare
of the public residing in watersheds in the jurisdiction of the City
by controlling the rate, quality and volume of stormwater originating
from development and redevelopment sites to the maximum extent practicable,
so that surface water and groundwater are protected from pollution
and flooding, and so that erosion potential does not increase.
ii.
Implement the Federal Clean Water
Act (CWA) requirements, the Oregon Department of Environmental Quality
(DEQ)-issued permit to the City for discharge of stormwater into waters
of the state (National Pollutant Discharge Elimination System-Municipal
Separate Storm Sewer System [NPDES-MS4] permit), and other regulations
and requirements related to stormwater by regulating the contribution
of pollutants to the City’s stormwater facilities and waters
of the state by stormwater discharges from development and redevelopment
sites.
iii.
Facilitate compliance
by responsible parties with state and federal standards and permits
for construction sites, development sites, including redevelopment,
and permanent stormwater facilities within the City.
iv.
Through the facilities, methods,
and practices set forth in the Lake Oswego Stormwater Management Manual,
manage stormwater in compliance with the NPDES-MS4 permit, and Water
Pollution Control Facilities (WPCF) permit or other permits that regulate
Underground Injection Control (UIC) systems.
v.
Prohibit illicit discharges into
the City’s Surface Water Management Utility as required by the
City’s NPDES-MS4 permit.
vi.
Provide long-term responsibility
for and maintenance of stormwater facilities.
vii.
Implement Comprehensive
Plan policies and other programs and policies of the City regarding
stormwater management and pollution control.
viii.
Establish the legal
authority to inspect and monitor as necessary to ensure compliance
with this Code.
2.
Applicability. This Code shall apply to:
a.
Development and redevelopment activities that meet the impervious area thresholds in LOC § 38.25.120.
b.
Earthwork, erosion and sediment-control
triggering activities, regardless of whether a City permit is required.
c.
Ground-disturbing activities that
cause, permit, or allow cuts, excavations, stripping and grading activities,
regardless of whether a City permit is required, including removal
of vegetation, soils and removal or modification of natural topographic
features.
d.
Causing, permitting or allowing direct
or indirect discharges to a public stormwater management system.
e.
All properties classified with a
commercial, mixed-use, or industrial zone and which have a stormwater
discharge by a point source or sheetflow into the City’s watercourses
and Surface Water Management System.
f.
Causing, permitting or allowing direct
or indirect discharges into receiving waters, including discharges
that initially occur outside the City but where the discharge drains
into the City.
3.
Interpretation; Relationship to Other City
Codes and Standards.
a.
The provisions of this Article shall
be interpreted to be consistent with applicable federal and state
law, and shall be interpreted, to the extent possible, to cover only
matters not preempted by federal or state law
b.
Where a provision of this Code conflicts
with the restrictions by other provisions of the Lake Oswego Code
or ordinance, or the provisions of State or Federal law, the provision
that is more protective of water quality applies.
4.
Exclusion of Liability.
a.
By approving a Drainage Report or Operations and Maintenance Plan for private stormwater facilities [as described in LOC § 38.25.120 and the Lake Oswego Stormwater Management Manual], the City does not accept or incur responsibility for the design, installation, and operation and maintenance of private stormwater facilities.
b.
This Code shall not form the basis
for any claim, action, or liability against officers, employees, or
agents of the City.
c.
This Code shall not:
i.
Create or form the basis for any
claim, action, or liability against officers, employees or agents
of the City for any:
A.
Injury or damage resulting from the
failure of third parties to comply with the provisions of this Code,
B.
Consequence of any inspection, notice,
order, certificate, permission, or approval authorized or issued or
done in connection with the implementation or enforcement of this
Code, or
C.
City action or inaction related in
any manner to the enforcement of this Code by its officers, employees
or agents.
ii.
Create any liability on the City
or any of its officers or employees for cleanup or any harm relating
to sites containing hazardous materials, wastes, or contaminated soil;
iii.
Convey property rights
of any sort, or any exclusive privilege;
iv.
Authorize any injury to persons or
property;
v.
Authorize intrusion of any other
private rights, except as permitted by law; or
vi.
Authorize any violation of federal,
state, or local laws or regulations.
