Schedules of activities, prohibition of practices, maintenance
procedures, and other management practices to prevent or reduce the
pollution of waters of the state. BMPs also mean treatment requirements,
operating procedures, and practices to control runoff, spillage, or
leaks, sludge, or waste disposal, or drainage from raw material storages.
For the purposes of this code, BMPs are synonymous with structural
and non-structural stormwater controls and include the schedule of
activities, controls, prohibition of practices, maintenance procedures
and other management practices designed to prevent or reduce pollution.
The development and public works environmental services division
director or designee.
Any direct or indirect discharge to the stormwater management system that is not composed entirely of stormwater, except as exempted in SMC section 4.372(1). Illicit discharges include, but are not limited to, the following:
Septic, sewage, and dumping or disposal of liquids or materials
other than stormwater into the stormwater management system;
Discharges of washwater resulting from the hosing or cleaning
of gas stations, auto repair garages, or other types of automotive
services facilities;
Discharges resulting from the cleaning, repair, or maintenance
of any type of equipment, machinery, or facility, including motor
vehicles, cement-related equipment, and port-apotty servicing, etc.;
Discharges of washwater from mobile operations, such as mobile
automobile or truck washing, steam cleaning, power washing, and carpet
cleaning, etc.;
Discharges of washwater from the cleaning or hosing of impervious
surfaces in municipal, industrial, commercial, or residential areas
(including parking lots, streets, sidewalks, driveways, patios, plazas,
work yards and outdoor eating or drinking areas, etc.) where detergents
are used and spills or leaks of toxic or hazardous materials have
occurred (unless all spilled material has been removed);
Discharges of runoff from material storage areas, which contain
chemicals, fuels, grease, oil, or other hazardous materials from material
storage areas;
Discharges of pool or fountain water containing chlorine, biocides,
or other chemicals; discharges of pool or fountain filter backwash
water;
Discharges of sediment, unhardened concrete, pet waste, vegetation
clippings, or other landscape or construction-related wastes;
Discharges of trash, paints, stains, resins, or other household
hazardous wastes; and
Discharges of food-related wastes (grease, restaurant kitchen
mat and trash bin washwater, etc.).
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring and enforcing permits, and imposing
and enforcing pretreatment requirements, under sections 307, 402,
318, and 405 of the Clean Water Act.
As defined in SMC section 1.105.
As defined in SMC section 1.105.
Stormwater runoff, snow melt runoff, and surface runoff and
drainage, including that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow,
interflow, channels, or pipes into a defined surface water channel
or a constructed infiltration facility.
The means of conveyance or system of conveyance by which
stormwater is collected and/or conveyed, including, but not limited
to, any roads with drainage systems, public streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains, which
is owned or operated by the city of Springfield, designed and used
for the purpose of collecting or conveying storm water, and not a
combined sewer nor part of a publicly owned treatment works as defined
at 40 CFR Section 122.2.
[Section 4.370 added by Ordinance No. 6256, enacted June 7, 2010; amended
by Ordinance No. 6454, enacted November
21, 2022]
(1)
Illicit Discharge Prohibited. No person shall discharge or cause to be discharged into the stormwater management system or watercourses any materials, including, but not limited to, pollutants or waters containing any pollutants or that pose a threat to health, safety, public welfare, or the environment, other than stormwater. The commencement, conduct, or continuance of any non-stormwater discharge to the stormwater management system is prohibited except as provided in subsection (2).
(2)
Applicability. This section applies to all water entering the stormwater management system generated on any developed and undeveloped lands. Discharges that meet one of more of the following conditions are not subject to this section, except when and where the director determines the discharge is or becomes a significant source of pollutants as provided in subsection (3):
(a)
The
non-stormwater discharge is regulated under a separate NPDES permit.
(b)
The
non-stormwater discharge originates from emergency firefighting activities.
(c)
The
non-stormwater discharge is one or more of the following: uncontaminated
water line flushing; landscape irrigation; diverted stream flows;
uncontaminated groundwater infiltration (as defined at 40 CFR Section
35.2005(20)); rising groundwaters; uncontaminated pumped groundwater;
potable water sources; start up flushing of groundwater wells; foundation,
footing and crawlspace drains where flows are not contaminated; uncontaminated
air conditioning or compressor condensate; irrigation water; springs;
lawn watering; individual residential car washing; flows from riparian
habitats and wetlands; dechlorinated swimming pool or hot tub discharges
cooled for at least 12 hours prior to discharge; fire hydrant flushing;
or water associated with dye testing activity.
(d)
The
non-stormwater discharge is one or more of the following, provided
that no chemicals, soaps, detergents, steam, or heated water are used:
charity car washing restricted to the outside of the vehicle and not
including washing engines, transmissions, or undercarriages; street
and pavement wash waters; and routine external building wash-down.
(e)
The
non-stormwater discharge is treated water from investigation, removal
and remedial actions selected or approved by Oregon Department of
Environmental Quality pursuant to Oregon Revised Statutes Chapter
465.
(3)
Suspension
Due to Illicit Discharge.
(a)
Emergencies.
The director may, without prior notice, suspend stormwater management
system discharge access to a person when such suspension is necessary
to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health
or welfare of persons or to the stormwater management system. If the
violator fails to comply with a suspension order issued in an emergency,
the director may take such steps as deemed necessary to prevent or
minimize damage to the stormwater management system or to the public.
(b)
Detection
of Illicit Discharge. Any person discharging to the stormwater management
system in violation of this section may have their access to the stormwater
management system terminated if such termination would abate or reduce
an illicit discharge. The director will notify a violator of the proposed
termination of its access.
(c)
Reconsideration
by the City Manager. The violator may request reconsideration of the
director’s decision by submitting a request in writing to the
city manager. The city manager will consider written evidence submitted
by the violator and will issue a decision on the reconsideration in
writing.
(d)
Violation.
No person shall reinstate access to the stormwater management system
upon premises terminated pursuant to this section, without the prior
approval of the director or city manager.
(4)
Best
Management Practices Required.
(a)
Any
person in charge, which is, or may be, the source of an illicit discharge,
may be required to implement, at said person’s expense, additional
structural and nonstructural BMPs to prevent the further discharge
of pollutants to the municipal separate storm sewer system. BMPs may
include, but are not limited to, necessary catch basin traps or other
devices for the purpose of preventing such substance from entering
the stormwater management system.
(b)
Where
the director reasonably believes a property may produce a substance
or substances which pose an increased potential to cause an illicit
discharge, the director may require any person in charge to furnish
plans prepared by an Oregon registered professional engineer showing
the proposed BMPs to be utilized. Such BMPs shall be approved by the
director only if tests and subsequent engineering data establish that
a desirable standard of removal is produced.
(5)
Violations. Any person who violates a provision of this section may be subject to a civil infraction punishable pursuant to SMC sections 5.600 to 5.626, and shall be liable to the city for any expense, loss, or damage caused to the city by reason of such violation. The imposition of a penalty does not relieve a person in charge of the duty to abate the illicit discharge.
[Section 4.372 added by Ordinance No. 6256, enacted June 7, 2010; amended
by Ordinance No. 6454, enacted November
21, 2022]
