The City finds and declares that absent effective maintenance,
operation, regulation, and control, existing stormwater drainage conditions
in all drainage basins and subbasins within the City constitute a
potential hazard to the health, safety, and general welfare of the
City. The City Council further finds that nature-based and manmade
stormwater facilities and conveyances together constitute a stormwater
system and that the effective regulation and control of stormwater
can best be accomplished through formation, by the City, of a stormwater
utility.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
means the City of Milwaukie, a municipality, and its authorized
employees.
means the City Council of Milwaukie.
means a person in whose name service is rendered as evidenced
by the signature on the application/contract for stormwater, sanitary
sewer, or water service or, in the absence of a signed instrument,
by the receipt and payment of bills regularly issued in their name.
means an area which has been altered by grading or filling
of the ground surface, or by construction of any improvement or other
impervious surface area, which affects the hydraulic properties of
the location.
means a configuration of development or impervious surface
estimated to contribute an amount of runoff to the City's stormwater
system which is approximately equal to that created by the average
developed single-family residence within Milwaukie. One ESU is equal
to 2,706 square feet of impervious surface area.
means that hard surface area which either prevents or retards
the entry of water into the soil mantle and/or causes water to run
off the surface in greater quantities or at an increased rate of flow
from that present under natural conditions. Impervious surfaces may
include, but are not limited to, rooftops, concrete, or asphalt paving,
walkways, patios, driveways, parking lots, or storage areas, trafficked
gravel, and oiled, macadam, or other surfaces which similarly impede
the natural infiltration or runoff of stormwater.
means any area which the Public Works Director determines
has been altered such that the runoff from the site is greater than
that which could historically have been expected. Improved premises
do not include public roads under the jurisdiction of the City, County,
State or federal government.
means the City Manager or designee of the City stormwater
management system.
means an area which is improved with one or two attached
single-family dwelling units for occupancy each by a single family
or a similar group of people, provided each dwelling has a separate
billing within the City's utility billing system.
means a stormwater drainage facility which the Public Works
Director has determined prevents the discharge, or substantially reduces
the discharge, of stormwater or nonpoint source pollution into a receiving
water or public stormwater system facility.
means the occupant, lessee, tenant, contract purchaser, owner,
agent, or other person having possession of property, or if no person
is in possession, then the person in control of the use of the property,
or in control of the supervision of development on the property.
mean the City of Milwaukie Public Works Standards and the
referenced City of Portland Stormwater Management Manual that the
City requires be complied with for the design and construction of
on-site mitigation facilities including stormwater detention, retention,
and water quality treatment facilities.
means water from precipitation, surface or subterranean water
from any source, drainage, and nonseptic wastewater.
means the operations of the City's stormwater utility in
providing programs and facilities for maintaining, improving, regulating,
collecting, and managing stormwater quantity and quality within the
City's service area.
means any manmade or nature-based structure or configuration
of ground that is used or by its location becomes a place where stormwater
flows or is accumulated, including, but not limited to, pipes, sewers,
curbs, gutters, manholes, catch basins, ponds, creeks, underground
injection control (UIC) facilities, open drainageways, rain gardens,
vegetated swales, permeable pavement, green roofs, urban forest canopy,
tree trenches, rainwater harvesting, green streets and their appurtenances.
Stormwater system does not include the Willamette River.
means water that originates from publicly financed street
cleaning activities consistent with the City's National Pollutant
Discharge Elimination System (NPDES) municipal stormwater permit.
mean any chemical listed as toxic under Section 307(a)(1)
of the Federal Clean Water Act (CWA) or Section 313 of Title III of
Superfund Amendments and Reauthorization Act (SARA).
means any area which has not been altered by grading or filling
of the ground surface, or by construction of any improvements or other
impervious surface area, which affects the hydraulic properties of
the location.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
Compliance
with Industrial NPDES Stormwater Permits
Any industrial discharger, discharger associated with construction
activity, or other discharger subject to any NPDES permit issued by
the Oregon DEQ, from which pollutants may enter the public or private
stormwater system, shall comply with all provisions of such permits,
including notification to and cooperation with local entities as required
by federal regulations. Proof of compliance with said permits may
be required in a form acceptable to the Manager of the City stormwater
management system prior to issuance of any grading, building, or occupancy
permits or business license.
B.
Compliance
with State, Local, and Federal Regulations
All users of the public stormwater system, and any person or entity whose actions may affect the system, shall comply with all applicable federal, State, and local laws, including Section 19.402 Natural Resources. Compliance with the requirements of this chapter shall in no way substitute for, or eliminate the necessity for compliance with, applicable federal, State, and local laws.
C.
Conflicts
with Existing and Future Regulatory Requirements of Other Agencies
Any provisions or limitations of this chapter, and any rules
adopted pursuant hereto, are superseded and supplemented by any applicable
federal, State, or local requirements existing or adopted subsequent
hereto which are more stringent than the provisions and limitations
contained herein. Any provision of this chapter and rules adopted
pursuant hereto which are more stringent than any such applicable
federal, State, or local requirement shall prevail and shall be the
standard for compliance by the connectors to and the discharges to
the public stormwater system.
D.
Accidental
Spill Prevention and Control
Dischargers who are not required to obtain an NPDES permit;
but who handle, store, or use hazardous or toxic substances or discharges
prohibited under Section 13.14.105.E General Discharge Prohibitions,
on their sites; shall prepare and submit to the Manager, at the Manager's
request, an Accidental Spill Prevention Plan within 60 days of notification
by the City. If other laws or regulations require an Accidental Spill
Prevention and Control Plan, a plan that meets the requirement of
those other laws and regulations will satisfy the requirement of this
section.
E.
Notification
of Spills
As soon as any person in charge of a facility, or responsible
for emergency response for a facility, becomes aware of any suspected,
confirmed, or unconfirmed release of material, pollutants, or waste
creating a risk of discharge to the public stormwater system, such
persons shall:
1.
Begin
containment procedures;
2.
Notify
proper emergency personnel in case of an emergency;
3.
Notify
appropriate City and/or State officials regarding the nature of spill;
4.
Follow
up with the City regarding compliance and modified practices to minimize
future spills, as appropriate.
|
The notification requirements of this section are in addition
to any other notification requirements set forth in federal, State,
or local regulations and laws. The notification requirements do not
relieve the person of necessary remediation.
|
F.
Requirement
to Eliminate Illicit Connections
1.
The
Manager may require by written notice that a person responsible for
an illicit connection to the public stormwater system comply with
the requirements of this chapter to eliminate the illicit connection
or secure approval for the connection by a specified date.
2.
If,
subsequent to eliminating a connection found to be in violation of
the chapter, the responsible person can demonstrate that an illicit
discharge will no longer occur, that person may request approval to
reconnect. The reconnection or reinstallation of the connection shall
be at the responsible person's expense.
G.
Requirement
to Remediate
Whenever the Manager finds that a discharge of pollutants is
taking place, or has taken place, which will result in, or has resulted
in, pollution of stormwater or the public stormwater system, the Manager
may require by written notice to the responsible person that the pollution
be remediated and the affected property restored, to the standards
established by the Manager, within a specified time.
H.
Requirement
to Monitor and Analyze
Whenever the Manager determines that any person is engaged in
any activity, and/or owns or operates any facility, which may cause
or contribute to stormwater pollution or illicit discharges to the
public stormwater system, the Manager may, by written notice, order
that such person undertake such monitoring activities and/or analyses,
and furnish such reports, as the Manager may deem necessary to demonstrate
compliance with this chapter. The written notice shall be served either
in person or by certified or registered mail, return receipt requested,
and shall set forth the basis for such order and shall particularly
describe the monitoring activities and/or analyses and reports required.
The burden to be borne by the owner or operator; including costs of
these activities, analyses, and reports; shall bear a reasonable relationship
to the need for the monitoring, analyses, and/or reports and the benefits
to be obtained. The recipient of such order shall undertake and provide
the monitoring, analyses, and/or reports within the time frames set
forth in the order.
I.
Stormwater
Treatment
The quality of stormwater leaving the site after development
shall be equal to or better than the quality of stormwater leaving
the site before development, based on the following criteria:
1.
On-site
mitigation facilities for water quality required for development shall
be designed, installed, and maintained in accordance with the Public
Works Standards.
2.
Land
use activities of particular concern as pollution sources shall implement
additional best management practices for pollution control including,
but not limited to, those management practices specified in the Public
Works Standards.
3.
Development
in a watershed that drains to streams with established total maximum
daily load (TMDL) limitations; as provided under the CWA, Oregon Law,
Administrative Rules, and other legal mechanisms; shall assure that
on-site mitigation facilities for water quality control meet the requirements
for pollutants of concern.
J.
Design
and Performance Criteria for Stormwater Detention and Water Quality
Treatment Facilities Constructed on Private Property
1.
All
on-site mitigation facilities; including stormwater detention, retention,
and water quality treatment facilities required by the City; shall
be designed and constructed to meet the Public Works Standards.
2.
Except
as permitted by the Engineering Director, as provided by the Public
Works Standards, on-site mitigation facilities shall be located on
private property and shall not be located on property that will become
a public right-of-way, public stormwater easement, or future street
plan.
3.
Except
as permitted by the Manager, as provided by the Public Works Standards,
once constructed, the on-site mitigation facilities shall be privately
owned, operated, and maintained. Maintenance responsibility shall
include all elements of the stormwater detention and water quality
treatment system up to the point of connection with a drainage structure
or waterway of the public stormwater system. Such connection shall
be subject to City approval.
4.
Maintenance
as required by the Public Works Standards shall be specified in an
operation and maintenance plan submitted to and approved by the Manager
prior to issuance of a notice to proceed with public improvements.
Prior to the time of project acceptance, the developer or applicant
shall enter into an agreement with the City to ensure the implementation
of the operation and maintenance plan, and a memorandum of agreement
shall be recorded with Clackamas County. Private stormwater detention
and water quality treatment facilities are subject to periodic inspection
by the City to ensure proper maintenance and performance.
5.
Failure
to properly operate or maintain on-site mitigation facilities for
stormwater detention, retention, and water quality treatment according
to the operation and maintenance plan of the adopted City of Portland
Stormwater Management Manual in effect on the date of the ordinance
codified in this chapter is a violation.
(Ord. 2013 § 1, 2010; Ord. 2025 § 3, 2011; Ord. 2036 § 3, 2011; Ord. 2223 § 1, 2022)
A request for water service constitutes a request for stormwater
service and will initiate appropriate billing for stormwater services
as established in this chapter. If development of a parcel does not
require initiating water service, the creation of an improved premises
from which stormwater may be discharged into the public stormwater
system shall constitute a request for service and initiate the obligation
to pay the fees and charges authorized in this chapter.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
Except as the charges may be reduced under subsection C of this section, the obligation to pay stormwater service charges arises whenever there is a request for stormwater service for an improved premises. Unless another person responsible has agreed in writing to pay and a copy of that writing is filed with the City, the person receiving the City's water utility charge bill shall pay the stormwater charges as set by City Council resolution. If there is no water service to the property or if water service is discontinued and the property is an improved premises, the stormwater charges shall be paid by the person responsible for the property. The person required to pay the charge is hereafter referred to as the customer.
B.
The
City Council may by resolution establish fees and charges necessary
to provide and operate a stormwater system and service.
C.
Upon
completion of the on-site mitigation credit application package available
from the City's Public Works Department, a customer of the utility
may request a reduction of the stormwater service charge. The service
charge will be reduced in relation to the customer's ability to demonstrate
that on-site stormwater facilities meet or exceed the City's standards
for stormwater quantity and quality control at that site.
Any reduction given shall continue until the condition of the
property is changed or until the Public Works Director determines
the property no longer qualifies for the credit given. Upon change
in the condition of the property, another application may be made
by a person responsible.
D.
Service
charge avoidance may be requested through the application package
available from the Public Works Department. The criteria for waiver
of the service charge as it applies to a specific customer includes
total retention of stormwater with no effective discharge to the City's
stormwater system; the petitioner's ability to demonstrate through
hydrologic/hydraulic analysis that the site receives no stormwater
service from the City's stormwater system; and proof that stormwater
facilities are constructed and maintained to City standards.
E.
For
the purposes of this chapter, dry wells are not an on-site mitigation
control system eligible for service charge reduction or service charge
avoidance because of the potential water quality impact that dry wells
may have on the City's groundwater resources.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
Charges
for stormwater service supplied by the City to any customer shall
be charged for and billed to each such customer in accordance with
rates established by the City Council. Prior to the establishment
of stormwater service fees and charges by the City Council, the Milwaukie
Citizens Utility Advisory Board shall prepare and deliver a report
and recommendation on rates to the City Council. The Committee shall
prepare and deliver its recommendation to City Council on an annual
basis, according to the rules established by City Council. Stormwater
service fees and charges as established by the City Council shall
be added to and made a part of the billings for water and sewer service.
B.
The customer shall be responsible for all stormwater service fees and charges, except as allowed by Section 13.14.040. The City may require deposits prior to providing stormwater service or in lieu of a deposit, obtain a signed agreement from the property owner, whether the customer or not, that they will be ultimately liable for the charges and that the City may use a lien as one method to secure payment if the charges are not paid. However, the City may not require a property owner to sign such an agreement.
C.
Billings
may be prorated. The proration shall be a daily rate determined by
dividing the annual minimum billing by 365 days times the number of
days of occupancy from last meter reading and/or billing date.
D.
A reduced stormwater service charge may be charged for customers who qualify as low income utility customers under the provisions of Chapter 13.20 of this code.
E.
All
money collected through stormwater fees and charges shall be deposited
in the stormwater utility account as established and maintained by
the City's Finance Director.
F.
Funds
collected under this chapter will be used for the purpose of designing,
acquiring, developing, constructing, maintaining, improving, and operating
both manmade and nature-based stormwater systems.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
Funds collected under this chapter will not be used for maintaining,
operating, or improving a stormwater system on private property, or
to provide direct financial assistance for private tree removal except
when:
A.
Providing
non-federal grant match funding to projects that reduce or eliminate
the risk of repetitive flood damage to buildings on private property
insured by the National Flood Insurance Program; or
B.
The
stormwater system is (or component thereof) demonstrated to the satisfaction
of the City Engineer to provide a stormwater benefit that extends
beyond the boundaries of the private property; or
C.
It
can be demonstrated to the satisfaction of the City Engineer in consultation
with the Urban Forester that a private tree provides a stormwater
benefit that extends beyond the boundaries of the private property;
or
D.
The
stormwater system has been dedicated to the City and is within a public
easement.
(Ord. 2223 § 1, 2022)
A.
The
City shall prepare and mail billings for stormwater fees and charges
on the last business day of each month. Payment is due on the 15th
of the month following the billing date. Accounts are delinquent if
the City does not receive full payment by 5:00 p.m. on the last business
day of the month immediately following the billing date.
B.
A delinquent
fee, in an amount established by resolution of the City Council, shall
be added to all delinquent accounts.
D.
In addition to other lawful remedies, the Finance Director may enforce the collection of charges authorized by this chapter by withholding delivery of water to any premises where the stormwater service fees and charges are delinquent or unpaid, following the procedures and standards for shutting off water service for nonpayment of water bills as provided in Chapter 13.04. However, the Finance Director shall not deny or shut off water service to any subsequent tenant based upon an unpaid claim for services furnished to a previous tenant who has vacated the premises.
(Ord. 1755 § 6, 1994; Ord. 1895 § 4, 2001; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
If the property owner elects pursuant to Section 13.14.050.B
to authorize the use of a lien on real property to secure stormwater
charge payment in lieu of a security deposit, all stormwater charges
shall be a lien against the premises served from and after the date
of billing and entry on the ledger or other records of the City pertaining
to its municipal stormwater system, and such ledger record or other
record shall be made accessible for inspection by anyone interested
in ascertaining the amount of such charges against the property. Whenever
a bill for stormwater service remains unpaid 60 days after it has
been rendered, the lien thereby created may be foreclosed in the manner
provided for by ORS 223.610 or in any other manner provided by law
or City ordinance.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
Any customer aggrieved by any decision made with regard to the
customer's account or a decision on charge reduction or avoidance
may appeal to the Manager by filing with the City a written request
for review no later than 10 days after receiving the decision. The
Manager's decision shall be subject to review by the City Council
upon filing of an appeal within 15 days of the notice of decision.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
Employees of the City shall be provided access during regular
business hours to all parts of the premises which include portions
of the City's stormwater drainage system for the purpose of inspecting
the condition of the pipes and fixtures and the manner in which the
system is used. Should there be no one available on the premises,
notice will be provided to the owner, tenant, occupant, or their agent
that arrangements must be made to allow the inspection.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
No
unauthorized person shall damage, destroy, uncover, deface, or tamper
with any conduit, structure, appurtenance, or equipment which is a
part of the stormwater system.
B.
The
Manager may adopt such rules and regulations as are necessary to protect
the stormwater system and the public health, safety, and welfare.
Violation of said rules or regulations is deemed a violation of this
chapter and shall be punished accordingly.
C.
Portions
of Johnson Creek, Kellogg Creek, and their natural tributaries are
within the boundaries of the city and are considered waters of the
United States pursuant to the CWA.
In order to protect the waters the City has a comprehensive
enforcement program to comply with:
1.
The
1987 Amendments to the CWA, as implemented by the Environmental Protection
Agency (EPA) NPDES regulations adopted November 16, 1990, make necessary
the adoption of plans and programs for stormwater management meeting
specified criteria.
2.
Section
402(p) of the CWA (33 U.S.C. 1251 et seq.), as amended by the Water
Quality Act of 1987, requires that municipalities must:
3.
Section
303(d) of the CWA requiring states and the EPA to identify certain
substandard waters and to set total maximum daily loads (TMDLs). The
Oregon Department of Environmental Quality has and will continue to
establish TMDLs for some water bodies within the city. The City seeks
to comply with all TMDL requirements.
4.
The
Endangered Species Act (ESA) and associated 4(d) rules covering protection
of West Coast salmon and steelhead.
5.
All
provisions of the federal law by implementing a stormwater management
plan, in conjunction with other co-permittees.
6.
The
Safe Drinking Water Act and Divisions 40 and 44 of Chapter 340 of
the Oregon Administrative Rules pertaining to UIC facilities.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
Discharge
of Pollutants
The commencement, conduct, or continuance of any nonstormwater
discharge to the public stormwater system is prohibited and is a violation
of this chapter, except as described below.
1.
The
prohibition shall not apply to any nonstormwater discharge permitted
or approved under an Industrial or Municipal NPDES permit, waiver,
or discharge order issued to the discharger and administered by the
DEQ, provided that the discharger is in full compliance with all requirements
of the permit, waiver, or discharge order and other applicable laws
or regulations and provided that written approval has been granted
by the City for any discharge to the municipal separate storm wastewater
system (MS4).
2.
Except
as provided in subsection A.3, the prohibition shall not apply to
the following non-stormwater discharges to the public stormwater system:
municipal water line flushing, landscape irrigation, diverted stream
flows, rising groundwater, uncontaminated groundwater infiltration
(as defined in 40 CFR 35.2005(20)) to the municipal separate storm
sewer system (MS4), uncontaminated pumped groundwater, discharges
from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains,
lawn watering, individual residential car washing, flows from riparian
habitats and wetlands, dechlorinated swimming pool discharges, street
wash water, and flows from fire fighting activities.
3.
The
Manager may require best management practices to reduce pollutants,
or may prohibit a specific discharger from engaging in a specific
activity identified in subsection A.2, if at any time the Manager
determines that the discharge is, was, or will be a significant source
of pollution.
B.
Discharge
in Violation of Permit
Any discharge that would result in or contribute to a violation
of an existing or future Municipal NPDES permit and any amendments,
revisions, or reissuance thereof, either separately considered or
when combined with other discharges, is a violation of this chapter
and is prohibited. Liability for any such discharge shall be the responsibility
of the person(s) causing or responsible for the discharge, and such
persons shall defend, indemnify, and hold harmless the City in any
administrative or judicial enforcement action against the permit holder
relating to such discharge.
C.
Illicit
Connections and Illicit Discharges
It is prohibited to establish, use, maintain, or continue illicit
connections to the public stormwater system, or to commence or continue
any illicit discharges to the public stormwater system.
D.
Waste
Disposal Prohibitions
1.
No
person may throw, deposit, leave, maintain, keep, or permit to be
thrown, deposited, left, or maintained, in or upon any public or private
property, driveway, parking area, street, alley, sidewalk, catch basin,
inlet, or other component of the public stormwater system, materials
that may cause or contribute to pollution, including, but not limited
to, any refuse, rubbish, garbage, litter, yard debris, landscape materials,
compost, topsoil, bark, gravel, sand, dirt, sod, sediment or sediment-laden
runoff from construction or landscaping activities, hazardous materials,
or other discarded or abandoned objects, articles, and accumulations.
2.
Runoff
from commercial or industrial operations or businesses that wash or
detail vehicles, engines, transmissions, equipment, interior floors,
or parking lots, shall not discharge directly to a private or public
stormwater system; this includes, but is not limited to, outdoor commercial,
industrial, or business activities that create airborne particulate
matter, process by-products or wastes, hazardous materials or fluids
from stored vehicles, where runoff from these activities discharges
directly or indirectly to a private or public stormwater system.
E.
General
Discharge Prohibitions
1.
Discharge
to Sanitary Sewer System
No person shall discharge or contribute to the discharge of
any stormwater or other unpolluted water into the City's sanitary
sewer system.
2.
Discharge
to Public Storm Sewer System
It is unlawful to discharge or cause to be discharged directly
or indirectly into the public stormwater system any of the following:
a.
Any discharge having a visible sheen, or containing floating solids
or discoloration (including, but not limited to, dyes and inks);
b.
Any discharge having a pH of less than 6.5 or greater than 8.5 or
that contains toxic substances;
c.
Any discharge which causes or may cause damage, interference, nuisance,
or hazard to the public stormwater system or the City personnel;
d.
Any discharge containing human sanitary waste or animal feces.
(Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
The provisions of this chapter must be strictly complied with
in every instance, and service must be paid for by all premises supplied,
according to the rates established by the City Council. Exceptions
to these provisions shall be made only upon the written authorization
of the Manager.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
A.
Authority
to Inspect
1.
Whenever
necessary to make an inspection to enforce any of the provisions of
this chapter, or whenever the Manager has reasonable cause to believe
that there exists in any building or upon any premises any condition
which may constitute a violation of the provisions of this chapter,
the Manager may enter such building or premises at all reasonable
times to inspect the same or perform any duty imposed upon the Manager
by this chapter; provided that: (a) if such building or premises is
occupied, he or she first shall present proper credentials and request
entry; and (b) if such building or premises is unoccupied, he or she
first shall make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request
entry.
2.
The
property owner or occupant has the right to refuse entry but, in the
event such entry is refused, the Manager is hereby empowered to seek
assistance from any court of competent jurisdiction in obtaining such
entry and performing such inspection.
B.
Authority
to Sample, Establish Sampling Devices, and Test
With the consent of the owner or occupant, or with court consent,
the Manager may establish on any property such devices as are necessary
to conduct sampling or metering operations. During all inspections
as provided herein, the Manager may take any samples deemed necessary
to aid in the pursuit of the inquiry or to record the on-site activities.
C.
Continuing
Violation
Unless otherwise provided, a person shall be deemed guilty of
a separate offense for each and every day during any portion of which
a violation of this chapter is committed, continued, or permitted
by the person.
D.
Concealment
Causing, permitting, aiding, abetting, or concealing a violation
of any provision of this chapter shall constitute a violation of the
chapter.
E.
Acts
Resulting in Violation of Federal Law
Any person who violates any provision of this chapter, or any
provision of any stormwater-related permit issued by DEQ, or who discharges
waste or wastewater which causes pollution, or who violates any cease
and desist order, prohibition, or effluent limitation, also may be
in violation of the CWA, Safe Drinking Water Act, or the ESA and may
be subject to the sanctions of these Acts including civil and criminal
penalties.
F.
Violations
Deemed a Nuisance
Any condition caused or permitted to exist in violation of any
provision of this chapter is a threat to public health and safety.
Any such condition is unlawful and constitutes a nuisance. In addition
to any other remedies, the Manager may enforce this chapter by compliance
order, stop work order, abatement proceedings, or civil action as
provided in MMC 8.04.070, or as otherwise authorized by law.
(Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
Violation of any provision of this chapter by any person, firm,
or corporation is punishable by a fine of not more than $1,000. Each
day on which a violation occurs or continues is a separate offense.
(Ord. 1755 § 6, 1994; Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
The degree of protection required by this chapter is considered
reasonable for regulatory purposes and is based on scientific, engineering,
and other relevant technical considerations. The standards set forth
herein are minimum standards and the chapter does not imply that compliance
will insure that there will be no unauthorized discharge of pollutants
into the public stormwater system. This chapter shall not create liability
on the part of the City, or any agent or employee thereof, for any
damages that result from reliance on this chapter or any administrative
decision lawfully made hereunder.
(Ord. 2013 § 1, 2010; Ord. 2223 § 1, 2022)
