[Ord. No.
2695, Added, 2-16-2016]
1.
Prohibited Discharges. It is unlawful for
any responsible party to cause or allow or permit a discharge, directly
or indirectly, of any pollutant into the surface water management
system, private storm drainage system connected to the surface water
management system, or receiving water within City limits. This includes
discharges as a result of an unintentional spill or deliberate dumping.
A discharge is prohibited, either
singly or in combination with other substances, when the discharge
is:
a.
Causing or contributing to a violation
of the City’s NPDES-MS4 permit (a copy of the permit is available
upon request of the City Engineer or at the City’s surface water
website: http://www.ci.oswego.or.us/publicworks/surface-water); or
b.
Causing or contributing to a violation
of a waste load allocation contained in a TMDL approved by the Environmental
Protection Agency (a copy of the TMDL is available upon request of
the City Engineer or at the City’s surface water website: http://www.ci.oswego.or.us/publicworks/surface-water); or
c.
Causing or contributing to a violation
of a city, state, or federal law or regulation; or
d.
Causing or contributing to the endangerment
of public health, safety or welfare, the environment, or public or
private property.
2.
Conditionally Exempt Discharges.
a.
Unless the non-stormwater discharges
outlined as allowable discharges in the City’s current NPDES-MS4
permit are identified by the City as a significant source of pollutants
to waters of the state, they are not considered illicit discharges
and are authorized by the City’s NPDES-MS4 permit.
b.
If any of the discharges allowed
in the City’s current NPDES-MS4 permit are determined to be
a source of pollutants by the City Engineer, the person causing, suffering,
or permitting the discharge shall take appropriate BMPs to make sure
the discharge of pollutants associated with the source does not cause
a violation of water quality standards (OAR 340, Division 41), an
exceedance of the City’s TMDL wasteload allocation, or visible
alteration of surface waters.
c.
Acceptance of Emergency Discharges.
During the period of an emergency operation, such as firefighting
or a water line break, discharges are not required to comply with
the regulations of this section. Any repairs made after the period
of emergency has ceased shall comply with this section.
3.
Testing Discharges. When the City Manager
has reasonable cause to believe that a discharge is a prohibited discharge,
the City Manager may obtain samples of the discharge and analyze the
discharge. If the discharge is prohibited, the applicant shall be
liable to the City for its reasonable costs of obtaining the samples
and analyzing the discharge.
a.
The City Manager may assess the reasonable costs of obtaining the samples and analyzing the discharge, which shall be a personal liability of the person discharging the pollutant or the prohibited discharge. In addition, the City Manager may file a lien in the Municipal Lien Docket on any real property owned by the person within the City of Lake Oswego for the sampling and analyzing costs. Upon recording a lien, the City Manager shall give notice to the person in the manner provided in LOC § 38.25.140(4)(a) of the assessment of costs and filing of the lien. The City Manager may thereafter undertake collection against the applicant, and may also undertake foreclosure of the lien in the manner provided by Oregon law for foreclosure of mortgages.
b.
When the prohibited discharge is
on a recurring basis, the City may conduct, or may require the responsible
party to conduct, ongoing monitoring at its expense.
[Ord. No.
2695, Added, 2-16-2016]
1.
Inspection and/or Operation and Maintenance Access Easement. When a public storm drainage inspection easement and/or operation and maintenance access easement to the City is required by LOC § 38.25.140(3)(c) and (d):
a.
Easement Width and Location. The
easement width and location shall be as specified in the Lake Oswego
Stormwater Management Manual or Operations and Maintenance Plan.
b.
Scope of Easement. The rights of
the easement shall be described either in the easement instrument
itself or by separate recorded memorandum of easement, i.e., when
an easement is shown on a plat but a description of the rights of
the easement does not appear on the plat.
c.
Approval and Acceptance of Easement
before Recording or Filing. The easement or memorandum of easement
shall be in a form as specified in Engineering Division documents
and approved and accepted by the City Engineer before it is recorded
or filed.
d.
Dedication of Easement on Subdivision
or Partition Plat. For subdivisions and partition applications, the
easement shall be dedicated to the City on the subdivision or partition
plat. A separate memorandum of easement describing the scope of easement
shall be recorded with the county recording officer for the county
where the site is located.
e.
Dedication of Easement by Instrument.
When the easement is required at a time other than at the creation
of a subdivision or partition, the owner of the property shall dedicate
the easement to the City by easement instrument. The owner shall record
it with the county recording officer for the county where the site
is located.
f.
Evidence of Recording; Priority.
The City Engineer may require the applicant or owner of the property
to provide evidence that the easement was validly recorded and is
not inferior to any prior interest or encumbrance on the property.
2.
Dedication of Stormwater Management Facilities.
The applicant proposing a stormwater facility required by this Code,
or a responsible party, may offer for dedication any such stormwater
facility, together with such easements, appurtenances, and other interests
as may be reasonably necessary for the operation and maintenance of
the facility, as provided herein:
a.
Preliminary Determination by City.
Upon receipt of an offer of dedication, the City Engineer shall make
a preliminary determination whether the dedication of the facility
is appropriate in order to protect the public health, safety and general
welfare, and furthers the goals of City’s stormwater management
program and/or associated watershed plans. Prior to making its determination,
the City Engineer shall inspect the facility to determine whether
it has been properly maintained and is in good repair. The City Engineer
shall forward the determination to City Council.
b.
Acceptance by City Council. City
Council may accept the offer of dedication by adoption of a resolution.
The document dedicating the stormwater facility shall be recorded
with the County recording official in the county where the site is
located.
c.
Owner to Provide Documentation. The
applicant/responsible party, at proposer’s sole expense, shall
provide any document or information requested by the City Engineer
or the City Council, in order for a decision to be reached on accepting
the facility.
[Ord. No.
2695, Added, 2-16-2016]
1.
Financial Security Obligations for Public
Stormwater Facilities.
a.
Construction. Public stormwater facilities
are subject to the public improvement construction financial security
conditions in the Community Development Code (LOC § 50.07.003.9.i).
The security deposit posted shall
be released in full only upon submission of "as built plans" and issuance
of the City’s Certificate of Acceptance. The City will make
a final inspection of the facility to ensure that it is in compliance
with the approved plan and the provisions of this Code before the
Certificate of Acceptance will be issued and security deposit released.
Provisions for a partial pro rata release of the construction security
based on the completion of various development stages and issuance
of a partial Certificate of Acceptance is at the discretion of the
City.
b.
Maintenance. A maintenance security
shall be posted by the applicant upon completion of public facility
construction, in order to ensure that the facility is maintained in
accordance with the Operations and Maintenance Plan, pursuant to LOC
§ 50.07.003.9.ii. The City will make a one-year public infrastructure
inspection to ensure that it complies with the Operations and Maintenance
Plan before releasing the maintenance security.
2.
Fees. The City may require a fee for development
plan review and inspection, to be allocated to the Engineering Division.
If required, each applicant seeking approval of a Drainage Report
shall pay a fee upon submittal of the application, and shall pay a
fee for each inspection (see the City’s current Master Fees
and Charges).
3.
Fee-in-Lieu Payment. Pursuant to LOC § 38.25.120(3), and following adoption by resolution of a fee schedule by the City Council, an applicant may pay a fee-in-lieu as a manner of mitigating an approved exception. The fee shall be used for projects approved by the City Engineer that mitigate impacts of stormwater discharges.
[Ord. No.
2695, Added, 2-16-2016; Ord. No. 2890, Amended, 3-17-2022]
1.
Violations. Any act or failure to act that
violates this article, the requirements of an approved Drainage Report,
the requirements of construction permit for public stormwater management
facility, or the requirements of an Operations and Maintenance Plan,
may be subject to enforcement.
Classification of major and minor
violations often depends on particular circumstances that shall be
assessed using the best professional judgment of the City Manager.
In general the following definitions and general violation/activity
of concern lists should be used:
a.
Minor Violation. This category includes
violations that have a de minimis impact on the environment or are
administrative in nature. Minor violations include reporting, general
site or facility maintenance, discharges not listed in subsection
(1)(b)(i) of this section, record keeping, or other activities when
there is ample time for correction without negatively impacting the
environment.
Minor violations shall not be deemed to be of a continuing nature under LOC § 13.02.020 during the period of issuance of a citation until the citation is adjudicated in Municipal Court. An additional citation may be issued following entry of judgment by the Municipal Court, regardless whether an appeal is taken by the defendant or not.
b.
Major Violation. Major violations
are those violations that are not minor violations, including removal
of a stormwater facility without replacement, submitting plans for
review that are intentionally not true and accurate, nonconformance
with the approved plan submittal, Drainage Report, Operations and
Maintenance Plan or permit submittal, stormwater facility maintenance
during wet weather periods, large volume or harmful discharges, or
other activities causing harm to the surrounding environment.
Major violations also include activities violating the discharge prohibitions of LOC § 38.25.150, where the following circumstances are present:
ii.
Presence of Wet Weather Conditions.
Discharge when storm runoff is occurring at the site or in receiving
waters, or within 24 hours of the cessation of runoff.
iii.
Presence of Steep Slopes.
Discharge onto a steep slope (average slope of 25% or more, when measured
from the front lot line to the most distant point of the building).
iv.
Proximity to Designated Resource Areas. Within 50 feet of waters of the state, active springs and seeps, stormwater management facilities, wellhead protection areas, open space tracts (areas set aside for public or private open space), and properties with a Sensitive Lands overlay district or conservation easement. (See LOC § 38.25.120(1)(d)(i)(C) for example of method of measurement.)
v.
Site disturbance over 10,000 square
feet.
vi.
Clear and Imminent Danger to Human
Health or the Environment. Spills of toxic or otherwise hazardous
materials that present an immediate threat to human health or the
environment.
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Major violations may be deemed to be a continuing violation under LOC § 13.02.020 following the issuance of the initial citation and continuing each day thereafter until the violation is remedied.
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2.
Notice of Violation. If the City Manager
determines that an applicant, other responsible party, or other person
has failed to comply with this article, the terms and conditions of
a stormwater-related permit (e.g., development permit, NPDES-MS4,
UIC, Erosion Control), an approved Drainage Report, or an Operations
and Maintenance Plan, the City Manager shall issue a written notice
of violation to such person. Where a person is engaged in activity
that requires a stormwater-related permit, without having first secured
a permit, the notice of violation shall be served on the owner or
the person in charge of the activity being conducted on the site.
The notice of violation shall include:
a.
The name and address of the applicant
or the responsible person;
b.
The address or other description
of the site where the violation is occurring; and
c.
A statement specifying the nature
of the violation;
d.
A description of the remedial measures
necessary to bring the act or failure to act into compliance with
this article, a permit, an approved Drainage Report, an Operations
and Maintenance Plan, and the correction period date;
e.
A statement of the penalties that
may be assessed; and
f.
A statement of other enforcement
action that may occur.
3.
Penalties. Any one or more of the following
actions or penalties may be taken or assessed against the person to
whom the notice of violation was directed:
a.
Stop Work Order. The Building Official
may issue a stop work order for any discharge of a pollutant or unpermitted
discharge that arises from the work authorized under a building permit.
The stop work order shall be issued in the manner provided in the
Building Code. The stop work order shall remain in effect until the
remedial measures set forth in the Notice of Violation have been completed,
or the violations have been otherwise cured. The stop work order may
be withdrawn or modified by the Building Official to enable the necessary
remedial measures.
b.
Withhold Certificate of Occupancy.
The Building Official may withhold issuance of a certificate of occupancy
for any building or other improvements constructed on the site upon
which a discharge of a pollutant or unpermitted discharge arises from
the work authorized under a building permit, until the remedial measures
set forth in the Notice of Violation have been completed, or the violations
have been otherwise cured.
c.
Suspension, Revocation, or Modification
of Permit. The Planning Director may suspend a permit authorizing
a land development project. A suspended permit may be reinstated after
the remedial measures set forth in the Notice of Violation have been
completed, or the violations have been otherwise cured.
4.
Failure to Complete Remedial Measures. In the event the applicant, responsible party, or other person fails to take the remedial measures set forth in the notice of violation, the City may issue a citation for each day the violation remains unremedied after receipt of the notice of violation, consistent with LOC § 13.02.020.
5.
Evidence of Violation. Proof of a violation
of this article shall be deemed prima facie evidence that such violation
is that of the owner of the property upon which the unlawful discharge
originated. Prosecution, or lack thereof, of the owner of the property,
the occupant, or other person in possession or control of property
shall not be deemed to relieve any other responsible person.
6.
Violations; Abatement; Injunction.
b.
Any discharge of a pollutant that occurs contrary to the provisions of this Code or unpermitted discharge is hereby declared to be unlawful and a public nuisance, and may be abated pursuant to LOC §§ 34.08.400 to 34.08.490.
c.
Upon request of the City Manager,
the City Attorney may institute an appropriate action in any court
to enjoin the discharge which is in violation of any provision of
this article.
d.
The rights, remedies and penalties
provided in this Code are cumulative, are not mutually exclusive,
and are in addition to any other rights, remedies and penalties available
to the City under any other provisions of law.
[Ord. No.
2695, Added, 2-16-2016; Ord. No. 2890, Amended, 3-17-2022; amended 11-21-2023 by Ord. No. 2942]
The party submitting a development application.
The schedule of activities, controls, prohibition of practices,
maintenance procedures and other management practices designed to
prevent or reduce pollution. BMPs also include treatment requirements,
operating procedures and practices to control stormwater runoff.
Certificate stating that private construction of public stormwater
facility has been accepted for transfer of ownership to City. The
Certificate is issued following completion of construction in accordance
with code requirements, and with City-approved construction plans
and specifications.
The person holding the position of City Engineer of the City
of Lake Oswego or designee of the City Engineer.
The person holding the position of City Manager or any officer
or employee of the City of Lake Oswego.
The flow volume or rate that a stormwater management facility
is designed to safely contain, receive, convey, reduce pollutants
from, or infiltrate to meet a specific performance standard.
Any manmade change to unimproved real property, including,
but not limited to, construction, installation or alteration of a
building or other structure, change of use, land division, establishment
or termination of a right of access, storage on the land, grading,
clearing, removal or placement of soil, paving, dredging, filling,
excavation, drilling or removal of trees.
When used without qualification, means the "discharge of
a pollutant." Discharge of a pollutant means addition of any "pollutant"
or combination of pollutants to the public stormwater management system
and other receiving waters from any point source, including but not
limited to the placement of wastes into public waters, on land, or
otherwise into the environment in a manner that affects or may tend
to affect the quality of public waters.
Are impervious surfaces that are connected via sheet flow
or discrete conveyance to a drainage system.
The nominal allowance for effective impervious surface per
single family residence (see Master Fees and Charges Resolution).
Stormwater facilities that require vegetation as a functional
component.
Subsurface water that occurs in soils and geological formations
that are fully saturated. Groundwater fluctuates seasonally and includes
perched groundwater.
Any discharge to a municipal separate storm sewer system
that is not composed entirely of stormwater except discharges authorized
under Section A.4.a.xii of the City’s 2012-2017 National Pollutant
Discharge Elimination System-Municipal Separate Storm Sewer System
(NPDES-MS4) Permit.
An engineering design approach to managing stormwater runoff.
Low impact development emphasizes conservation and use of on-site
natural features to protect water quality. This approach implements
engineering small-scale hydrologic controls to replicate the predevelopment
hydrologic regime or condition of watersheds through infiltrating,
filtering, storing, evaporation and detaining runoff close to its
source.
A conveyance or system of conveyances including roads with
drainage systems, municipal streets, catch basins, curbs, gutter,
ditches, manmade channels, or storm drains that is owned or operated
by a state, city, county, district, association, or other public body;
is designed or used for collecting or conveying stormwater, and is
not a combined sewer or part of a Publicly Owned Treatment Works as
defined in 40 CFR Section 122.2.
A waste discharge permit issued in accordance with the National
Pollutant Discharge Elimination System authorized by the Federal Act
and OAR Chapter 340, Division 045. A copy of the permit is available
upon request of the City Engineer or at the City’s surface water
website: http://www.ci.oswego.or.us/publicworks/surface-water.
See U.S. Census Bureau for latest publication: https://www.census.gov/naics/.
Any substance, as certain chemicals or waste products, that
renders the air, soil, water, or other natural resource harmful or
unsuitable for a specific beneficial purpose.
"Pollution" or "water pollution" means such alteration of
the physical, chemical or biological properties of any waters of the
state, including change in temperature, taste, color, turbidity, silt
or odor of the waters, or such discharge of any liquid, gaseous, solid,
radioactive or other substance into any waters of the state, which
will or tends to, either by itself or in connection with any other
substance, create a public nuisance or which will or tends to render
such waters harmful, detrimental or injurious to public health, safety
or welfare, or to domestic, commercial, industrial, agricultural,
recreational or other legitimate beneficial uses or to livestock,
wildlife, fish or other aquatic life or the habitat thereof.
Prohibited discharges include discharge of pollutants or
other material that is not explicitly identified as authorized discharges
per the City’s NPDES-MS4 permit to the surface water management
system, including the public stormwater management system.
Nuisance conditions include improper function resulting in
uncontrolled runoff and overflow; stagnant water with concomitant
algae growth, insect breeding, and odors; discarded debris; and safety
hazards created by the stormwater management facility’s operation.
A Latin expression ("prima facie") used in modern legal English
to signify that on first examination, a matter appears to be self-evident
from the facts. In common law jurisdictions, prima facie denotes evidence
that – unless rebutted – would be sufficient to prove
a particular proposition or fact.
A receiving water is the ultimate destination for stormwater
leaving a particular site. Virtually all receiving waters are waters
of the state, and include "lakes, bays, ponds, impounding reservoirs,
springs, wells, rivers, streams, creeks, estuaries, marshes, inlets,
canals, the Pacific Ocean within the territorial limits of the state
of Oregon, and all other bodies of surface or underground waters,
natural or artificial, inland or coastal, fresh or salt, public or
private (except those private waters that do not combine or effect
a junction with natural surface or underground waters) that are located
wholly or partially within or bordering the state or within its jurisdiction."
(ORS 468B.005(10)).
A project on a previously developed site that results in
the addition or replacement of impervious surface.
Corrective measures employed to remedy, reverse or stop damage
or violation of the surface water utility code or to the surface water
management system.
The removal of an impervious surface that exposes soil followed
by the placement of an impervious surface.
The property owner(s) of the site upon which the stormwater
facility was designed to benefit. In the case of an entity, it shall
include the parties comprising the entity; i.e., homeowners association
– the members of the association, partnership – partners;
corporation – shareholders, LLC – members of the LLC.
The Operations and Maintenance Plan shall list the responsible party(s)
of the stormwater management facility. The obligations of a responsible
party shall transfer to the successors/purchasers of the site.
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For violations of or failure to comply with LOC Article 38.25, "responsible party" includes:
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•
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An owner of a building or property
where a violation or failure to comply has occurred, the person in
charge of the building or property, the violator or the person failing
to comply with the Code; and
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•
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Where a person commits a violation
and the person works for a contractor, either as an employee, subcontractor,
or independent contractor, the contractor and/or other employer; and
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•
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Any manager, or person in charge
of the person or property.
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Standard Industrial Classification (SIC).
A manmade pipe or inlet to the City’s surface water
management system that transports stormwater.
Stormwater is water that originates during precipitation
events. The word "stormwater" may also be used to apply to water that
originates with snowmelt that enters the stormwater system. Stormwater
(one word) and storm water (two words) are considered identical in
use and definition by the City. The City prefers the spelling "stormwater."
A state where the stormwater facility is not able to (a)
properly treat the designed volume of stormwater directed to it or
(b) provide adequate water quality as determined by water quality
analyses and the DEQ/EPA water quality standards.
Housekeeping or repairs of a minor structural or nonstructural
nature that are done annually for a properly functioning stormwater
facility.
The removal of an approved stormwater facility or the reduction
of a facility’s capacity such that it is essentially nonfunctioning.
(a) Structural repair or alteration of a failing or failed
stormwater facility that is not stormwater facility maintenance. (b)
Nonstructural repair or alteration of a failed stormwater facility
that is not stormwater facility maintenance.
Replacing or changing a stormwater facility with another
stormwater facility authorized by the current Lake Oswego Stormwater
Manual, whether the original facility is properly functioning, failing,
or failed.
Nonstructural repair or alteration of a failing stormwater
facility that is not stormwater facility maintenance.
A designed facility or technique intended to collect stormwater
runoff, and to reduce pollutants and hydrologic impacts by detaining,
treating, and/or infiltrating stormwater to the maximum extent practicable.
Stormwater facilities should be constructed in such a manner that
they are not waters of the State or waters of the U.S.
Stormwater that does not soak into the ground becomes surface
runoff, which either flows directly into surface waterways or is channeled
into storm sewers, which eventually discharge to surface waters.
Includes all natural and manmade facilities utilized by the
surface water utility to regulate the quantity and quality of surface
water, including drainage easements, culverts, storm drains, roadside
ditches, catch basins, stream corridors, rivers, ponds, wetlands and
impoundments. The stormwater management system is an engineered or
built subset of the surface water management system designed to convey
or treat storm runoff.
The Surface Water Management Utility is the entity that plans,
designs, constructs, maintains, administers, and operates all City
surface water conveyances and facilities, and the regulations for
facility control. The Surface Water Management Utility also establishes
standards for design and construction.
Any surface created by humans that cannot be penetrated by
water easily or effectively, thereby resulting in stormwater runoff.
Examples of TIA include pavement (interlocking pavers, asphalt, concrete,
etc.), buildings, driveways, parking lots and sidewalks.
Total maximum daily loads are developed for "water quality
limited" or "impaired" water bodies by the Oregon Department of Environmental
Quality in accordance with Oregon Administrative Rule 340-042-0040,
which defines how much of an identified pollutant a specified waterbody
can receive and still meet water quality standards. A copy of the
TMDL documents are available upon request of the City Engineer or
at the City’s surface water website: http://www.ci.oswego.or.us/publicworks/surface-water).
A stream of water; a river or creek or brook or natural channel
for water; also, a canal for the conveyance of water, especially in
draining lands. Watercourses may include reaches ponded by natural
or manmade actions provided a watercourse either enters or exits from
such a pond.
Lakes, bays, ponds, impounding reservoirs, streams, creeks,
estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial
limits of the state of Oregon, and all other bodies of surface or
underground waters, natural or artificial, inland or coastal, fresh
or salt, public or private (except those private waters that do not
combine or effect a junction with natural surface or underground waters)
that are wholly or partially within or bordering the state or within
its jurisdiction [OAR 340-045-0010].
