[HISTORY: Adopted by the City Council of
the City of Papillion 8-1-2006 by Ord. No. 1491. Amendments noted where
applicable.]
A.
The purpose of this chapter is to protect, maintain,
and enhance the public health, safety, and general welfare by establishing
minimum requirements and procedures to control the adverse impacts
associated with increased and altered stormwater runoff. Proper management
of stormwater runoff will minimize damage to public and private property,
reduce the harmful effects of development on land, control stream
channel erosion, reduce local flooding, and maintain after development,
as nearly as possible, the predevelopment runoff characteristics.
B.
The application of this chapter and provisions expressed
herein shall be the minimum stormwater management requirements and
shall not be deemed a limitation on such management practices. The
City of Papillion shall be responsible for the coordination and enforcement
of the provisions of this chapter.
C.
The provisions of this chapter shall be applicable
to all property within the City's zoning jurisdiction.
For the purpose of this chapter, the Omaha Regional
Stormwater Design Manual, in its most current form, is incorporated
by reference.
[Amended 1-6-2009 by Ord. No. 1561; 5-2-2023 by Ord. No. 1994]
The following words, phrases and terms as used in this chapter
shall have the meanings ascribed to them in this chapter.
Pollution control practices designed and carried out to reduce
the pollutants contained in discharges, including low-impact development
techniques.
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.
City of Papillion.
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.
A sewer receiving, by designation of the Director, both runoff
water and sanitary sewage.
Any public or private activity not defined as an industrial
activity in 40 Code of Federal Regulations (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.
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.
The Director of the Public Works Department for the City
of Papillion or his/her authorized agent or representative.
Any release, spill, leak, pump, flow, escape, dumping, or
disposal of any liquid, semi-solid, or solid substance to the municipal
storm sewer system.
Any substance designated under 40 CFR Part 116 pursuant to
Section 311 of the Clean Water Act.
Any human-made conveyance that is directly or indirectly
connected to the municipal separate storm sewer system and allows
for an 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 a NPDES permit or conditionally exempted by ordinance and include those prohibited in §§ 206-4 and 206-5 below.
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.
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.
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).
Decentralized management of precipitation that would otherwise
be stormwater runoff, utilizing design techniques that infiltrate,
filter, store, evaporate, or temporarily detain stormwater.
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.
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.
Land-disturbing activities; structural development, including
construction or installation of a building or structure, the creation
of impervious surfaces; and land subdivision.
Any discharge to the municipal storm sewer system that is
not composed entirely of stormwater.
The National Pollutant Discharge Elimination System and is
implemented and enforced by a permit issued by the U.S. Environmental
Protection Agency or the Nebraska Department of Environmental Quality
(NDEQ) pursuant to the Clean Water Act, that authorizes discharges
to waters of the United States and requires the reduction of pollutants
in the discharge.
Public nuisance as provided in Chapter 100 and also as defined in this chapter.
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:
Materials (including, but not limited to, fuels, solvents, chemicals,
detergents, plastic, pellets, hazardous substances, radioactive wastes,
fertilizers, pesticides, paints, soot, slag, ash, sludge);
Metals and nonmetals, both soluble and insoluble (including,
but not limited to, cadmium, lead, zinc, copper, silver, nickel, chromium,
chlorine, phosphorous, and arsenic);
Petroleum hydrocarbons (including, but not limited to, fuels,
oils, lubricants, surfactants, waste oils, solvents, coolants, and
grease);
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;
Animal wastes (including, but not limited to, discharge from
confinement facilities, kennels, pens, recreational facilities, and
stables);
Substances having acidic or corrosive characteristics, unusual
coloration or turbidity;
Any domestic or industrial wastewater;
Any hazardous substance.
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.
Any discharge in violation of the provisions of this chapter,
a wastewater discharge permit, or an order or the City Council.
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.
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."
Liquid and water-carried industrial or domestic wastes from
dwellings, commercial buildings, industrial facilities and institutions.
Pipe or conduit which, by designation of the Director, carries
only stormwater runoff, discharges pursuant to a NPDES permit or discharges
conditionally exempted by ordinance.
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.
Redevelopment includes, but is not limited to, the following
activities that meet the minimum standards set forth in this definition:
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.
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.
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.
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.
The water and the associated debris resulting from the washing
of streets and/or sidewalks.
The United States Environmental Protection Agency.
Any stormwater and nonstormwater runoff from developed land
in or adjacent to any municipality.
A.
No person shall cause the discharge of nonstormwater
runoff to enter the municipal separate storm sewer system unless the
discharge is one of the following:
(1)
Authorized by a NPDES permit issued by EPA or NDEQ.
(2)
Caused by or resulting from one of the following:
(a)
Fire-fighting activities, where such discharges
or flows contain no significant sources of pollutants.
(b)
Landscape irrigation.
(c)
Diverted stream flows.
(d)
Rising groundwaters.
(e)
Uncontaminated groundwater infiltration, as
defined at 40 CFR 35.2005(20).
(f)
Uncontaminated pumped groundwater.
(g)
Discharges from potable water sources.
(h)
Foundation drains.
(i)
Air-conditioning condensation.
(j)
Irrigation water.
(k)
Springs.
(l)
Water from crawl space pumps.
(m)
Footing drains.
(n)
Lawn watering.
(o)
Individual residential car washing.
(p)
Flows from riparian habitats and wetlands.
(q)
Dechlorinated swimming pool discharges.
(r)
Street wash water.
(3)
Authorized by the City of Papillion.
B.
All exempt discharges, as listed above, must be in
conformance with all other provisions of this Code.
A.
No person shall install, maintain, or use any connection
to the municipal separate storm sewer system that may result in an
illicit discharge to the municipal storm sewer system. All connections
to the municipal storm sewer system that provide for an illicit discharge
from inside a building are prohibited.
B.
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. For illicit connections made in the past,
a plan to remedy the illicit connection shall be submitted to the
Director.
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.
[Amended 5-2-2023 by Ord. No. 1994]
A.
The owner of a property where a private stormwater
conveyance system is located shall be responsible for the maintenance
and repair, and proper operation of the private stormwater conveyance
system, regardless of whether the private stormwater conveyance system
is completely located on the private property or partially within
the public right-of-way. The City shall have no responsibility or
obligation for the maintenance, repair, or proper operation of a private
stormwater conveyance system.
B.
If the Director determines that a private stormwater conveyance system is not operating properly and causes the improper discharge of stormwater to the street, sidewalk or municipal 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.
[Amended 5-2-2023 by Ord. No. 1994]
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.
E.
Vehicle fluids.
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.
A.
In the event of discovery of a discharge to the municipal
storm sewer system that is prohibited by this Code, the discharger
or permittee shall immediately notify the Director of the incident
by telephone, facsimile or email. The notification shall include the
discharge location, type of materials discharged, estimated concentration
and volume of the discharge, and corrective actions taken to contain
or minimize the effects of the discharge.
B.
In addition, a written report, facsimile or email,
addressed to the Director, detailing the date, time and cause of the
discharge, the quantity and characteristics of the discharge, corrective
actions taken to contain or minimize the effects of the discharge,
and corrective actions taken to prevent future discharges, shall be
filed by the responsible person within five days of the occurrence
of the noncomplying discharge.
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.
A.
Any property owner, tenant, or easement holder, or
their agent, desiring a grading permit shall make an application to
the Permits and Inspections Division on the forms provided by the
Division.
B.
Any property owner, tenant, or easement holder, or
their agent, desiring a grading permit shall also submit to the City's
Permits and Inspection Division a completed NDEQ notice of intent/permit
application for coverage under the general NPDES construction site
stormwater permit. Such permit application shall be made on forms
provided by the NDEQ and distributed by the Permits and Inspection
Division. The City shall review all such completed applications and
then forward the documents to the NDEQ for approval or denial.
[Amended 10-5-2010 by Ord. No. 1602]
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 NDEQ approved the NPDES application for the project, or fails
to review and approve or deny the application within seven days, then
the Permits and Inspection Division 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.
[Amended 1-6-2009 by Ord. No. 1561]
A.
A post-construction stormwater management plan shall
be submitted to the City, on a form or format specified by the Planning
Director, as part of any preliminary plat application or grading permit
application; or building permit application that creates 5,000 square
feet or more of impervious coverage. For any significant redevelopment,
a post-construction stormwater management plan shall be submitted
with the building permit application.
B.
For all development applications made after the adoption
date of this section, the post-construction stormwater management
plan, at a minimum, shall include low-impact development (LID) BMPs
to provide for water quality control of the first 1/2 inch of runoff
from the site. The City may also require this minimum control level
for significant redevelopment that increases the amount of impervious
area in a previously platted parcel. For significant redevelopment
projects that do not require a grading permit or that involve an increase
of less than 5,000 square feet of impervious surface area, BMPs for
water quality control of the first 1/2 inch of runoff from the site
are encouraged, but not required. For significant redevelopment projects
that are characterized as additions or expansions, the Planning Director
may determine that the required BMPs only be applied to the area of
new development.
C.
The PCSWMP shall include the design, locations, schedules,
and procedures for inspection and maintenance of the selected BMPs.
Temporary erosion and sediment control BMPs to be used during the
construction process are to be addressed in the grading permit application.
The BMPs for the PCSWMP shall address the reduction of stormwater
peak discharges after development of the subject parcel to predevelopment
conditions for two-year return frequency storm events and shall include
LID BMPs to provide for water quality improvements in the first 1/2
inch of runoff from the site. Refer to the Omaha Regional Stormwater
Design Manual for information on BMPs.
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.
A.
The owners and occupants of lands on which structural
postconstruction BMPs have been installed to meet the requirements
of this chapter shall ensure the maintenance of these BMPs and shall
themselves maintain those BMPs if other persons or entities who are
also obligated to maintain those BMPs (by contract or covenant, or
pursuant to this chapter) fail to do so. Structural BMPs shall be
inspected at least annually, and a written record of inspection results
and any maintenance work shall be maintained and available for review
by the City.
B.
The responsibility to maintain a BMP may be transferred
through a contract or other agreement. The person or entity accepting
a maintenance obligation in such a contract or agreement will also
be legally obliged to maintain that BMP pursuant to this chapter.
However, no contract or other agreement imposing an obligation to
maintain a BMP can relieve a person or entity of any obligation to
maintain a BMP imposed by this chapter.
C.
The maintenance agreement shall require the applicant
or owner to execute an inspection and maintenance agreement, to be
filed of record, binding on all subsequent owners of land served by
a private stormwater management facility. Such agreement shall provide
for access to the facility, at reasonable times, for inspections by
the City or its authorized representative to ensure that the facility
is maintained in proper working condition to meet design standards.
D.
The applicant and/or owner shall record the maintenance
agreement with the Register of Deeds.
E.
The maintenance agreement shall also provide that
if, after notice by the City to correct a violation requiring maintenance
work, satisfactory corrections are not made by the owner(s) or occupant
within a reasonable period of time (30 days maximum), the City may
perform all necessary work to place the facility in proper working
condition. The owner(s) or occupant of the facility shall be assessed
the cost of the work and any lawful penalties.
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 of the City 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 misdemeanor
and shall be fined an amount that does not exceed $500 under this
chapter. 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 Adjustment by complying with the provisions of § 205-100.
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 thereby.
