For the purpose of this chapter, the Omaha Regional Stormwater
Design Manual, in its most current form, is incorporated by reference.
The following words, phrases and terms as used in this chapter
shall have the meanings ascribed to them in this section:
BEST MANAGEMENT PRACTICES (BMP)
Pollution control practices designed and carried out to reduce
the pollutants contained in discharges, including low-impact development
techniques.
BUILDING DRAIN
That part of the lowest horizontal piping of a wastewater
drainage system that receives the discharge from soil and waste pipes
inside the walls of the building and conveys it to the building sewer,
beginning two feet outside the inner face of the building wall.
CLEAN WATER ACT
The Federal Water Pollution Control Act, which was enacted in 1972 to prohibit the discharge of
pollutants to receiving waters of the United States and later amended
in 1987 to establish a framework for regulating municipal, industrial,
and construction stormwater discharges under the NPDES Program.
COMBINED SEWER
A sewer receiving, by designation of the Director, both runoff
water and sanitary sewage.
COMMERCIAL ACTIVITY
Any public or private activity not defined as an industrial
activity in 40 CFR 122.26(b)(14) as of the date of this chapter, involved
in the storage, transportation, distribution, exchange or sale of
goods and/or commodities or providing professional and/or nonprofessional
services.
CONSTRUCTION ACTIVITY
Any clearing, grading, or excavation that results in soil
disturbance. Construction activity also includes, but is not limited
to, construction, repairs, dewatering, remodeling, building, and emergency
construction activities required to immediately protect public health
and safety.
DIRECTOR
The Director of the Public Works Department for the City
of Papillion or his/her authorized agent or representative.
DISCHARGE
Any release, spill, leak, pump, flow, escape, dumping, or
disposal of any liquid, semi-solid, or solid substance to the municipal
storm sewer system.
EXTRATERRITORIAL JURISDICATION (ETJ)
The extraterritorial jurisdiction, or ETJ, shall consist
of the unincorporated area two miles beyond and adjacent to the corporate
boundaries of the City of Papillion.
HAZARDOUS SUBSTANCE
Any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
ILLICIT CONNECTION
Any human-made conveyance that is directly or indirectly
connected to the municipal separate storm sewer system and allows
for an illicit discharge.
ILLICIT DISCHARGE
Any discharge to the municipal separate storm sewer system that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. Illicit discharges include all nonstormwater discharges except discharges pursuant to an NPDES permit or conditionally exempted by ordinance and include those prohibited in §§
206-4 and
206-5 below.
ILLICIT DISPOSAL
Any disposal, either intentional or unintentional, of material(s),
substance(s), or waste(s) that has the potential to pollute runoff
unless otherwise allowed by law.
IMPACT POINT
A specified geographical location where stormwater runoff
is being discharged.
INDUSTRIAL ACTIVITY
Any public or private activity which is associated with any
other of the 11 categories of activities defined in 40 CFR 122.26(b)(14),
as of the date of this section.
INDUSTRIAL/COMMERCIAL FACILITY
Any public or private facility involved and/or used in the
production, manufacture, storage, transportation, distribution, exchange
or sale of goods and/or commodities, or any facility involved and/or
used in providing professional services. This category of facility
includes, but is not limited to, any facility defined by a Standard
Industrial Code (SIC).
LOW-IMPACT DEVELOPMENT
Decentralized management of precipitation that would otherwise
be stormwater runoff, utilizing design techniques that infiltrate,
filter, store, evaporate, or temporarily detain stormwater.
MAXIMUM EXTENT PRACTICABLE
A standard for implementation of stormwater management programs
to reduce pollutants in stormwater. It is the maximum extent possible
taking into account equitable consideration of competing factors,
including, but not limited to, the seriousness of the problem, public
health risk, environmental benefits, pollutant removal effectiveness,
regulatory compliance, ability to implement, cost and technical feasibility.
MUNICIPAL STORM SEWER SYSTEM
Any inlet, pipe, ditch or gully, or system of pipes, ditches,
or gullies, that is owned or operated by the City and used for collecting
and conveying stormwater.
NDEE
The Nebraska Department of Environment and Energy, formerly
known as Nebraska Department of Environmental Quality or NDEQ.
NEW DEVELOPMENT
Land-disturbing activities; structural development, including
construction or installation of a building or structure, the creation
of impervious surfaces; and land subdivision.
NONSTORMWATER RUNOFF
Any discharge to the municipal storm sewer system that is
not composed entirely of stormwater.
NPDES
The NPDES is a permit program created by the Clean Water
Act to help regulate pollutants in the waters of the United States.
Unless an NPDES permit is first obtained, individuals and facilities
are prohibited from discharging pollutants from point sources into
receiving waters. The permit may be issued by either the U.S. Environmental
Protection Agency or the Nebraska Department of Environment and Energy
(NDEE).
NUISANCE
Public nuisance as provided in Chapter
100 and also as defined in this chapter.
PAPILLION CREEK WATERSHED PARTNERSHIP (PCWP)
A partnership between interested governmental parties, including
the Cities of Bellevue, Gretna, LaVista, Omaha, Papillion, and Ralston,
the Village of Boys Town, Sarpy County and the Papio-Missouri River
Natural Resources District, whose primary purpose is to act in concert
to increase the effectiveness and cost-sharing capabilities of the
member agencies particularly in reference to a stormwater management
plan related to the Papillion Creek watershed.
POLLUTANT
The same as defined in Section 502(6) of the Clean Water
Act, including, but not limited to, the following, but does
not include uncontaminated stormwater, potable water, groundwater,
or reclaimed water by a lawfully permitted water treatment facility:
A.
Materials (including, but not limited to, fuels, solvents, chemicals,
detergents, plastic, pellets, hazardous substances, radioactive wastes,
fertilizers, pesticides, paints, soot, slag, ash, sludge);
B.
Metals and nonmetals, both soluble and insoluble (including,
but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium,
chlorine, phosphorous, and arsenic);
C.
Petroleum hydrocarbons (including, but not limited to, fuels,
oils, lubricants, surfactants, waste oils, solvents, coolants, and
grease);
D.
Eroded soils, sediment, and particulate materials in amounts
which may adversely affect the beneficial use of the receiving waters,
flora, or fauna of the state;
E.
Animal wastes (including, but not limited to, discharge from
confinement facilities, kennels, pens, recreational facilities, and
stables);
F.
Substances having acidic or corrosive characteristics, unusual
coloration, or turbidity;
G.
Any domestic or industrial wastewater;
PRIVATE STORMWATER CONVEYANCE SYSTEM
A stormwater conveyance system that is not owned or maintained
by the City, including any instrumentality that drains or conveys
water from a building or from/through one or more properties to the
environment or the City's stormwater system.
PUBLIC NUISANCE
Any discharge in violation of the provisions of this chapter,
a wastewater discharge permit, or an order or the City Council.
RECEIVING WATERS
All surface water bodies, including all streams, lakes, ponds,
impounding reservoirs, marshes, wetlands, watercourses, waterways,
wells, springs, irrigation ditches, gullies or channels, drainage
systems, and all other bodies or accumulation of water, natural or
artificial, public or private, situated wholly or partly within or
bordering upon the extraterritorial jurisdiction of the City of Papillion.
RUNOFF
Any stormwater or nonstormwater discharges from a drainage
area that enters the municipal storm sewer system. The term "runoff"
is interchangeable with the term "urban runoff."
SANITARY SEWAGE
Liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities, and institutions.
SEPARATE STORM SEWER
Pipe or conduit which, by designation of the Director, carries
only stormwater runoff, discharges pursuant to an NPDES permit or
discharges conditionally exempted by ordinance.
SIGNIFICANT REDEVELOPMENT
Land-disturbing activity that results in the creation, addition
or replacement of at least 5,000 square feet of impervious surface
area on an already developed site.
A.
Redevelopment includes, but is not limited to, the following
activities that meet the minimum standards set forth in this definition:
(1)
The expansion of a building footprint;
(2)
Addition or replacement of a structure;
(3)
Replacement of impervious surface that is not part of a routine
maintenance activity; and
(4)
Land-disturbing activities related to structural or impervious
surfaces.
B.
Redevelopment does not include routine maintenance activities
that are conducted to maintain original line and grade, hydraulic
capacity, original purpose of facility or emergency redevelopment
activity required to protect public health and safety.
SOUTHERN SARPY WATERSHEDS PARTNERSHIP (SSWP)
A partnership between interested governmental agencies, including
the Cities of Bellevue, Gretna, Papillion, and Springfield, Sarpy
County and the Papio-Missouri River Natural Resources District, whose
primary purpose is to increase the effectiveness and cost-sharing
capabilities of the member agencies particularly in reference to addressing
federally imposed requirements and mandates which must be locally
funded in relation to the Southern Sarpy watersheds draining into
the Platte River.
STANDARD INDUSTRIAL CLASSIFICATION (SIC)
A classification pursuant to the current edition of the Standard
Industrial Classification Manual issued by the Executive Office of
the President of the United States, Office of Management and Budget.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan required by the State of Nebraska under either the
General Permit for Stormwater Discharges or an individual NPDES permit,
which includes requirements for stormwater discharges associated with
either industrial or construction activities. The purpose of the plan
is to help identify the sources of pollution that affect the quality
of stormwater discharges from a site and to describe and ensure the
implementation of practices to reduce pollutants in stormwater discharges.
STORMWATER RUNOFF
That part of natural precipitation (rainfall or snowmelt,
including that of any frozen precipitation), which travels via flow
across any surface to the municipal storm sewer system.
STREET WASH WATER
The water and the associated debris resulting from the washing
of streets and/or sidewalks.
U.S. EPA
The United States Environmental Protection Agency.
URBAN RUNOFF
Any stormwater and nonstormwater runoff from developed land
in or adjacent to any municipality.
If any person fails to disconnect an illicit connection upon
thirty-day prior notification by the Director, the Director may cause
the removal of such connection from the municipal storm sewer system.
The City may pursue the recovery of costs by appropriate means, including
a suit at law against the person or persons responsible for such disconnection.
No person shall cause discharge of sanitary sewage to the municipal separate storm sewer system. In addition, if the Director determines that a building drain or building sewer is not operating properly and causes the discharge of sewage to the street, sidewalk, or municipal separate storm sewer system, the Director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Chapter
100 of this Code.
It is unlawful for any person to maliciously, willfully, or
negligently break, damage, destroy, uncover, deface or tamper with
any structure, appurtenance or equipment which is part of the municipal
storm sewer system.
No person shall throw, deposit, place, leave, maintain, litter,
keep, or permit to be thrown, deposited, left, maintained or kept
any pollutant, refuse, rubbish, food waste, yard waste, garbage, or
any other discarded or abandoned objects in or upon any public or
private property, driveway, parking area, street, alley, sidewalk,
or other location that may result in an illicit discharge to the municipal
storm sewer system. Wastes placed in containers protected from urban
runoff, such as bags, cans, or recycling bins, and City-approved wastes
from construction on public right-of-way are exempted from this prohibition.
The following list of discharges from industrial/commercial activities shall be considered prohibited unless permitted under a separate NPDES permit or approved by the City Public Works Department. This list is based on §
206-4 (Illicit discharges prohibited), but is not an exhaustive list of prohibited discharges to the municipal storm sewer system:
A. Water from the cleaning of vehicle fueling stations, vehicle service
garages, or other types of vehicle service facilities.
B. Water, cleansers, or solvents from the cleaning of vehicles, machinery
or equipment, and other such commercial and industrial operations.
C. Water from the washing or rinsing of vehicles containing soap, detergents,
solvents, or other cleaners.
D. Water from the cleaning or rinsing of vehicle engine, undercarriage,
or auto parts cleaning.
F. Mat wash water from food service facilities.
G. Food and kitchen cleaning water from food service facilities.
H. Leakage from dumpsters or trash containers.
I. Water from the cleaning or rinsing of garbage dumpster areas and
areas where garbage is stored or contained.
J. Water from pressure washing, steam cleaning, and hand scrubbing of
sidewalks, gutters, plazas, alleyways, outdoor eating areas, steps,
building exteriors, walls, driveways, and other outdoor surfaces.
K. Wastewater or cleaning fluids from carpet cleaning.
L. Swimming pool and spa water.
M. Wash out from concrete trucks.
N. Runoff from areas where hazardous substances, including diesel fuel,
gasoline and motor oil are stored.
O. Super-chlorinated, i.e., greater than four milligrams per liter chlorine,
water normally associated with the disinfection of potable water systems.
It shall be unlawful for any person to engage in or cause any
grading, clearing, or excavation activities that result in the disturbance
of any land areas sufficiently large to require a general NPDES construction
site stormwater permit, without the property owner, tenant, or easement
holder, or their agent, first obtaining a grading permit from the
City's Building and Inspections Department. This section shall
not apply to grading performed solely for agricultural purposes.
Before any grading permit application will be accepted by the
Building and Inspections Department, the applicant shall pay to the
City a fee in accordance to the Master Fee Schedule.
If, after examination of the application for a grading permit,
the Public Works Department has determined that the proposed plan
will meet the requirements of this chapter and if the NDEE approved
the NPDES application for the project, or if the NDEE fails to review
and approve or deny the application within seven days, then the Building
and Inspections Department shall issue the grading permit.
Provisions for erosion and sediment control at construction
and development sites are set forth in the Omaha Regional Stormwater
Design Manual. The provisions thereof shall be controlling of all
subjects contained therein within the corporate limits and within
the jurisdictional area outside the City limits. In the event of any
conflict between the provisions of the Omaha Regional Stormwater Design
Manual or any other ordinance and the provisions of an NPDES permit
issued by the State of Nebraska, the provision that imposes the higher
or most stringent or most specific practice shall prevail.
Land development and significant redevelopment projects with
the potential to add pollutants to stormwater or to affect the flow
rate or velocity of stormwater runoff after construction is completed
must include provisions for the management of the increased postconstruction
runoff in a postconstruction stormwater management plan.
Systems designed to accommodate only one single-family dwelling
unit, duplex, triplex, or quadraplex, provided the single unit is
not part of a larger common plan of development or sale, are exempt
from the requirements in this chapter to submit a postconstruction
stormwater management plan.
Whenever it shall be necessary for the purposes of these rules
and regulations, the Director, upon the presentation of credentials,
may enter upon any property or premises at reasonable times for the
purpose of: 1) copying any records required to be kept under the provisions
of this chapter; 2) inspecting any BMPs; and 3) sampling any discharge
to the municipal storm sewer system. The Director may enter upon the
property at any hour under emergency circumstances. The authority
to so inspect, sample and copy records shall be limited to only those
things and only the extent that it has a direct bearing on the kind
and source of discharges into the municipal storm sewer system.
If substances in violation of §
206-4 of this Code are discharged or proposed to be discharged into the municipal storm sewer system within the City, its ETJ, or any tributary thereto, the City may take action necessary to:
A. Prohibit the discharge of such effluent.
B. Require a discharger to demonstrate that modifications to such discharger's
facilities will reduce or eliminate the discharge of such substances
in conformity with this chapter.
C. Require pretreatment, including storage, detention or retention facilities
necessary to reduce or eliminate the objectionable characteristics
or substances so that the discharge will not violate these prohibitions
and limitations.
D. Require the person making, causing, or allowing the discharge to
pay an additional cost or expense incurred by the City for taking
remedial actions as may be deemed to be desirable or necessary to
achieve the purpose of this chapter.
E. Require any combination or all of the above.
Whenever the Director finds that any person has violated or
is violating this article or any prohibition, limitation or requirement
contained herein, such person shall be notified in writing.
Any person who is found to have violated an order provided for
in this chapter or who willfully or negligently failed to comply with
any provisions of this chapter and the rules and regulations issued
hereunder shall be deemed guilty of a Class III misdemeanor and shall
be fined an amount not to exceed $500 or imprisoned for up to three
months, or both said fine and imprisonment at the discretion of the
sentencing court. Each day any such violation or failure to perform
such act shall continue shall constitute a separate offense, unless
otherwise specifically provided. Except as prohibited by the state
or federal constitutions, a prosecution under this chapter shall not
be the exclusive penalty for such acts or omissions.
The Director may make rules and regulations which expand upon
or add to the provisions of this chapter but are not inconsistent
with them. Prior to taking effect, such rules and regulations, or
any amendments thereto, shall be approved by resolution of the City
Council. A copy of such rules and regulations, with any current amendments,
shall be on file with the City Clerk.
Any person aggrieved by the issuance, denial, suspension, cancellation, modification, or revocation of any permit provided for in this chapter or by any other order of the Director may, within 10 days of the receipt of written notice of the entry of such order, appeal to the Board of Appeals by complying with the provisions of §
9-40.
The provisions of this chapter shall control over any inconsistent
or conflicting provision of this Code.
If any portion of this chapter or the application thereof to
any person or circumstances is held invalid, the remainder of this
chapter and the application of such provisions to other persons or
circumstances shall not be affected.