No person shall develop any land for residential, commercial, industrial, or institutional uses without providing stormwater management measures that control or manage runoff from such developments, except as provided within this section. Stormwater management measures must be designed consistent with the Design Manual and constructed according to an approved plan for new development or the policies stated in §
169-12 of this chapter for redevelopment. In all cases of conflicting requirements, the provision that represents the greatest restriction(s) or highest standard(s) shall govern.
[Added 4-18-2016 by Ord.
No. 977]
The Department of Public Works shall administer, implement,
and enforce the provisions of this chapter. Any powers granted or
duties imposed upon the Department of Public Works may be delegated
in writing by the Director of the Department of Public Works, or his
or her duly authorized agent, to persons or entities acting in the
beneficial interest of or in the employ of the Department.
[Added 4-18-2016 by Ord.
No. 977]
This chapter is not intended to modify or repeal any other ordinance,
rule, regulation, or other provision of law. The requirements of this
chapter are in addition to the requirements of any other ordinance,
rule, regulation, or other provision of law, and where any provision
of this chapter imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law,
whichever provision is more restrictive or imposes higher protective
standards for human health or the environment shall control.
[Added 4-18-2016 by Ord.
No. 977]
The standards set forth herein and promulgated pursuant to this
chapter are minimum standards; therefore, this chapter does not intend
or imply that compliance by any person will ensure that there will
be no contamination, pollution, or unauthorized discharge of pollutants.
[Added 4-18-2016 by Ord.
No. 977]
A. Prohibition of illegal discharges.
(1) No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into
the City separate stormwater sewer system or watercourses any pollutants
or waters containing any pollutants, that cause or contribute to a
violation of applicable water quality standards, other than stormwater.
(2) The commencement, conduct or continuance of any illegal discharge
to the storm drain system is prohibited except as described as follows:
(a)
The following discharges are exempt from discharge prohibitions
established by this chapter:
[1]
Water line flushing, landscape irrigation, diverted stream flows,
rising groundwaters, uncontaminated groundwater infiltration, 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,
and dechlorinated swimming pool discharges.
[2]
Discharges or flow from firefighting, and other discharges specified
in writing by the Department of Public Works as being necessary to
protect public health and safety.
[3]
Discharges associated with dye testing; however, this activity
requires a verbal notification to the Department of Public prior to
the time of the test.
(b)
The prohibition shall not apply to any nonstormwater discharge
permitted under an NPDES permit, waiver, or waste discharge order
issued to the discharger and administered under the authority of the
United States Environmental Protection Agency (EPA), provided that
the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the storm drain system.
(3) If any drainage contained within the above exemptions causes an adverse
impact, as determined by the Department of Public Works, then the
discharge shall not be considered exempt from this chapter.
B. Prohibition of illicit connections.
(1) The construction, use, maintenance or continued existence of illicit
connections to the storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection
was permissible under law or practices applicable or prevailing at
the time of connection.
(3) A person is considered to be in violation of this chapter if the
person connects a line conveying sewage to the MS4, or allows such
a connection to continue.
(4) Improper connections in violation of this chapter must be disconnected
and redirected, if necessary, to an approved on-site wastewater management
system or the sanitary sewer system upon approval of the Health Department.
(5) Any drain or conveyance that has not been documented in plans, maps
or the equivalent, and which may be connected to the storm sewer system,
shall be located by the owner or occupant of that property upon receipt
of written notice of violation from the Department of Public Works
requiring that such locating be completed. Such notice will specify
a reasonable time period within which the location of the drain or
conveyance is to be determined, that the drain or conveyance be identified
as a storm sewer, sanitary sewer or other discharge point, and that
the outfall location or point of connection to the storm sewer system,
sanitary sewer system or other discharge point be identified. Results
of these investigations are to be documented and provided to the Department
of Public Works.
[Added 4-18-2016 by Ord.
No. 977]
Every person owning property through which a watercourse passes,
or such person's lessee, shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation,
and other obstacles that would pollute, contaminate, or significantly
retard the flow of water through the watercourse. In addition, the
owner or lessee shall maintain existing privately owned structures
within or adjacent to a watercourse so that such structures will not
become a hazard to the use, function, or physical integrity of the
watercourse.
The following development activities are exempt from the provisions
of this chapter and the requirements of providing stormwater management:
A. Agricultural land management practices;
B. Additions or modifications to existing single-family detached residential structures if they comply with §
169-31C of this chapter;
C. Any developments that do not disturb over 5,000 square feet of land
area; and
D. Land development activities that the Administration determines will
be regulated under specific state laws, which provide for managing
stormwater runoff.
The Department may grant written variance from any requirement of Article
IV, Stormwater Management Criteria, if there are exceptional circumstances applicable to the site such that strict adherence will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the Department and shall state the specific variances sought and reasons for their granting. The Department shall not grant a variance unless and until sufficient justification is provided by the person developing land that the implementation of ESD to the MEP has been investigated thoroughly.
[Added 4-18-2016 by Ord.
No. 977]
A. Right of entry; inspections and sampling. The Department of Public Works shall be permitted to enter and inspect facilities subject to regulation under this chapter as often as may be necessary to determine compliance with this chapter, subject to the following: prior to entering the property, the Department of Public Works will obtain written permission from the property owner; or the Department of Public Works will obtain consent in conformance with Subsection
B.
(1) If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the Department of Public Works.
(2) Facility operators shall allow the Department of Public Works ready
access to all parts of the premises for the purposes of inspections,
sampling, examination and copying of records that must be kept under
the conditions of an NPDES permit to discharge stormwater, and the
performance of any additional duties as defined by state and federal
law.
(3) The Department of Public Works shall have the right to set up on
any permitted facility such devices as are necessary in the opinion
of the Department of Public Works to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4) The Department of Public Works has the right to require the discharger
to install monitoring equipment as necessary. The facility's sampling
and monitoring equipment shall be maintained at all times in a safe
and proper operating condition by the discharger at the discharger's
expense. All devices used to measure stormwater flow and quality shall
be calibrated to ensure their accuracy.
(5) Any temporary or permanent obstruction that prohibits safe and easy
access to the facility to be inspected and/or sampled shall be promptly
removed by the operator at the written or oral request of the Department
of Public Works and shall not be replaced. The costs of clearing such
access shall be borne by the operator.
(6) Unreasonable delays in allowing the Department of Public Works access
to a permitted facility are a violation of a stormwater discharge
permit and of this chapter. A person who is the operator of a facility
with an NPDES permit to discharge stormwater associated with industrial
activity commits an offense if the person denies the Department of
Public Works reasonable access to the permitted facility for the purpose
of conducting any activity authorized or required by this chapter.
B. Search warrants. If the Department of Public Works has been refused
access to any part of the premises from which stormwater is discharged,
and he/she is able to demonstrate probable cause to believe that there
may be a violation of this chapter, or that there is a need to inspect
and/or sample as part of routine inspections and a sampling program
designed to verify compliance with this chapter or any order issued
hereunder, or to protect the overall public health, safety, and welfare
of the community, then the Department of Public Works may seek issuance
of a search warrant from any court of competent jurisdiction.
[Added 4-18-2016 by Ord.
No. 977]
A. Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operations, or responsible for emergency
response for a facility or operations, has information of any known
or suspected release of materials which is resulting or may result
in illegal discharges or pollutants discharging into stormwater, the
storm drain system, or waters of the state, said person shall take
all necessary steps to ensure the discovery, containment, and cleanup
of such release. In the event of such a release of hazardous materials,
said person shall immediately notify emergency response agencies of
the occurrence via emergency dispatch services. In the event of a
release of nonhazardous materials, said person shall notify the Department
of Public Works in person or by phone and shall be confirmed by written
notice addressed and mailed to Department of Public Works within three
business days of the phone notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment,
the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
B. Failure to provide notification of release as provided above is a
violation of this chapter.