The intent and purpose of this title is to enable the City of Albany to comply with applicable state and Federal laws; to provide for the effective management of stormwater to protect the health, safety, and general welfare of the citizens of the City of Albany; to protect the health and safety of City employees working in the stormwater system; to facilitate the orderly development and extension of the stormwater system; to protect and enhance the water quality and natural functions of watercourses and water bodies through the regulation of stormwater; to set forth uniform requirements for direct and indirect contributors to the stormwater system; and to help meet the City of Albany’s environmental stewardship responsibilities.
Formation of a stormwater utility with appropriate resources, responsibility, and authority is the most effective way to manage, improve, and control the stormwater system and to address the purposes set forth herein.
Notwithstanding the foregoing, nothing herein shall be deemed to impose a duty on the City to protect the property, health, or safety of third parties.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010; Ord. 5876 § 1, 2016)
The objectives of this title are:
(1) 
To prevent the introduction of pollutants onto public rights-of-way, or into the municipal stormwater system, receiving waters, Waters of the State, and the environment;
(2) 
To prohibit illicit connections and discharges to the stormwater system;
(3) 
To protect, maintain and restore the integrity of waterways for their natural functions;
(4) 
To prevent and control nonpoint source pollution, land surface erosion, sedimentation, and stream channel erosion;
(5) 
To limit the effect of land-disturbing activities on the municipal stormwater system and Waters of the State;
(6) 
To authorize the imposition of permit requirements and the collection of related fees to govern land-disturbing activities;
(7) 
To establish legal authority to carry out all inspection, surveillance, and monitoring procedures necessary to ensure compliance with this title;
(8) 
To authorize the collection of in-lieu-ofassessment fees for properties that have not participated in the cost of constructing public stormwater facilities;
(9) 
To authorize the imposition of a systems development charge fee and user charges for the construction, operation, and maintenance of stormwater system and facilities;
(10) 
To protect and maintain the functions and values of areas within floodplains.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
(1) 
“ENR”
means “Engineering News Record.”
(2) 
“NPDES”
means “National Pollutant Discharge Elimination System.”
(3) 
“MS4”
means “Municipal Separate Storm Sewer System.”
(4) 
“BMP”
means “Best Management Practice.”
(5) 
“EPSC”
means “Erosion Prevention and Sediment Control.”
(6) 
“ORS”
means “Oregon Revised Statute.”
(7) 
“OAR”
means “Oregon Administrative Rule.”
(8) 
“TMDL”
means “Total Maximum Daily Load.”
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
(1) 
“Agricultural activity”
means private or commercial activities directly engaged in the production of nursery stock, sod, fruits, vegetables, forages, cover crops, field crops (grain, corn, oats, beans, etc.), timber, and livestock, or other related activities determined by the Director to conform to this definition; but shall not include construction or other activities for structures associated with agricultural activities.
(2) 
“Best management practices (BMPs)”
means schedules of activities; prohibitions of deleterious practices; general good housekeeping practices; physical, structural, or chemical interventions; pollution prevention and educational activities; maintenance activities; and other management practices that prevent or minimize to the greatest extent practicable the discharge of pollutants directly or indirectly to public rights-of-way, the municipal stormwater system, receiving waters, or waters of the state.
(3) 
“City”
means the City of Albany, a municipal corporation of the State of Oregon.
(4) 
“City Manager”
means the person chosen by the Albany City Council to meet the requirements of Section 22 of the Albany Charter or such person as may be designated by the City Manager to act in his/her name and capacity.
(5) 
“Clean Water Act”
means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and any subsequent amendments thereto.
(6) 
“Construction activity”
means activities related to any land development or construction project including but not limited to clearing and grubbing, grading, excavating, and demolition.
(7) 
“Director”
means the person designated by the City Manager to supervise the Public Works Department and who is charged with certain duties and responsibilities by this title, or the duly authorized representative.
(8) 
“Discharger”
means any person who discharges or causes to be discharged any pollutant onto public rights-of-way or into the municipal stormwater system, receiving waters, or waters of the state.
(9) 
“Floodplain”
means the relatively flat or lowland area adjoining a river, stream, watercourse, lake, or other water body that has been, or may be, inundated temporarily by floodwater.
(10) 
“Hazardous materials”
means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
(11) 
“Illegal discharge”
means any direct or indirect pollutant-bearing discharge to the municipal stormwater system, receiving waters, or waters of the state, except as exempted by AMC § 12.10.010.
(12) 
“Illicit connection”
is defined as either of the following:
(a) 
Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the stormwater system including, but not limited to, any conveyances that allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the stormwater system and any connections to the stormwater system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or
(b) 
Any drain or conveyance connected from a commercial or industrial land use to the stormwater system that has not been documented in drawings, maps, or equivalent records and approved by the City.
(13) 
“Impervious surface”
means an improved, altered, or constructed surface which generally prevents infiltration of surface water including, but not limited to, paved streets, graveled or paved areas such as parking lots and driveways, oiled, macadam or other treated surfaces, walkways, roof surfaces, and patios.
(14) 
“Land-disturbing activity”
means any activity that exposes the soil to erosion.
(15) 
“National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit”
means a permit issued by the Environmental Protection Agency or the State of Oregon that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
(16) 
“New development”
means a project that creates and/or expands the area of impervious surfaces, including, but not limited to:
(a) 
Structural development, including construction of a new building or other structure;
(b) 
Expansion or alterations of an existing structure that results in an increase in the area of impervious surfaces;
(c) 
Construction of new parking lots, roads, alleys, pathways, and other impervious surfaces; and
(d) 
Expansion or alterations of parking lots, roads, alleys, pathways, and other impervious surfaces that results in an increase in the area of impervious surfaces.
(17) 
“Nonpoint source”
means any source of water pollution that is not associated with point sources. Generally, a nonpoint source is a diffuse or unconfined source of pollution that can either enter into or be conveyed by the movement of water into the municipal stormwater system, receiving waters, or waters of the state.
(18) 
“Non-stormwater discharge”
means any discharge to the stormwater system that is not composed entirely of stormwater.
(19) 
“Person”
means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine; the singular shall include the plural where indicated by the context.
(20) 
“Point source”
means any discernible, confined, and discrete conveyance, including but not limited to pipes, ditches, channels, tunnels, or conduits, from which pollutants are or may be discharged to a receiving water(s).
(21) 
“Pollutant”
means any material or substance which may alter the chemical, physical, biological, and/or radiological condition of the waters of the state.
(22) 
“Pollution”
means the human-made or human-induced contribution of any pollutant into the municipal stormwater system, receiving waters, or waters of the state.
(23) 
“Post-construction stormwater quality”
means the quality of stormwater runoff, after construction is complete, from a development or redevelopment project.
(24) 
“Post-construction stormwater quality facility”
means permanent stormwater infrastructure incorporated into a development or redevelopment project designed to reduce pollutant loads and runoff velocity from impervious surfaces, and which may also include improvements constructed to reduce the quantity of stormwater runoff leaving the site.
(25) 
“Premises”
means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
(26) 
“Property owner (owner)”
means the person(s) or entity(ies) holding legal title to the subject property.
(27) 
“Redevelopment”
means a project that alters or improves the “footprint” of an existing site and/or building. Redevelopment includes the replacement, alteration, or upgrade of an impervious surface that is not part of a routine maintenance activity.
(28) 
“Stormwater fund”
means an enterprise fund through which the cost of providing utility service will be primarily user-fee financed and is analogous in its structure and operation to other enterprise funds maintained by the City, such as the sewer and water funds.
(29) 
“Stormwater system”
means any watercourse or facility by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems or ditches, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. The municipally owned portion of the stormwater system may also be referred to as a municipal separate storm sewer system (MS4).
(30) 
“Stormwater”
means any surface flow, runoff, and drainage consisting entirely of water from precipitation events.
(31) 
“Toxic”
means any substance or combination of substances listed as toxic in regulations promulgated by the Environmental Protection Agency in Section 307(a)(1) of the Clean Water Act or Title III Section 313 of the Superfund Amendments and Reauthorization Act.
(32) 
“Vegetated post-construction stormwater quality facility”
means a post-construction stormwater quality facility wherein the primary means of stormwater treatment is by filtration through soil and plant material. This may also be referred to as a low-impact development (LID) facility.
(33) 
“Water or waters of the state”
means all natural waterways, intermittent streams, constantly flowing streams, lakes, wetlands, and all other navigable and nonnavigable bodies of water which are wholly or partially within or bordering the state or within its jurisdiction.
(34) 
“Watercourse”
means a channel in which a flow of water occurs, either continuously or intermittently, and, if the latter, with some degree of regularity. Watercourses may be either natural or artificial.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010; Ord. 5841 § 3, 2014; Ord. 5876 § 2, 2016)
This title shall apply to all water entering the stormwater system generated on any developed and undeveloped lands unless explicitly exempted by AMC § 12.10.010.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
The Director shall be authorized to administer, implement, and enforce the provisions of this title. Any powers granted or duties imposed upon the Director are also conferred upon those persons tasked by the Director to administer, implement, and enforce the provisions of this title. The Director shall have the authority to develop and implement procedures, policies, standards, and forms necessary for the implementation of this title. The Director is granted discretion to allocate resources or undertake enforcement of this title as he or she deems appropriate with consideration to time, resources, and conflicting obligations of the City and its staff.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
The provisions of this title are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this title or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this title.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
The standards set forth herein and promulgated pursuant to this title are minimum standards; therefore this title does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants into the Waters of the State caused by said person. This title shall not create liability on the part of the City of Albany, or any agent or employee thereof, for any damages that result from any discharger’s reliance on this title or any administrative decision lawfully made thereunder.
(Ord. 5498 § 1, 2001; Ord. 5727 § 1, 2010)
Neither this title nor any administrative decision made under it exempts the permittee or any other person from procuring other required permits or complying with the requirements and conditions of such permit, or complying with any other applicable law or regulation, or limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee or any other person arising from the activity regulated by this title.
Where the provisions of this title impose restrictions different from those set forth in other regulations under the Albany Municipal Code, Land Development Code, or State or Federal regulations, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control.
(Ord. 5727 § 1, 2010)
The Director may require best management practices (BMPs) for any activity, operation, or facility which may cause or contribute to the introduction of pollutants to rights-of-way, wetlands, drainage ways, the municipal stormwater system, receiving waters, and/or areas that include or contribute directly to the Waters of the State. Where BMP requirements are promulgated by the Director, the owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from the discharge of pollutants, as described above, through the use of these structural and/or nonstructural BMPs.
Further, any person responsible for a property or premises that is, or which may reasonably be expected to be, the source of an illicit or prohibited discharge may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent any further discharges of pollutants.
(Ord. 5727 § 1, 2010)