Section
1061.01 Purpose; intent
1061.02 Definitions
1061.03 Applicability
1061.04 Responsibility for administration
1061.05 Ultimate responsibility
1061.06 Discharge prohibitions
1061.07 Suspension of MS4 access
1061.08 Industrial or construction activity discharges
1061.09 Monitoring of discharges
1061.10 Requirement to prevent, control, and reduce stormwater pollutants by the use of Best Management Practices
1061.11 Notification of spills
1061.12 Enforcement
1061.13 Appeal of notice of violation
1061.14 Enforcement measures after appeal
1061.15 Cost of abatement of the violation
1061.16 Injunctive relief
1061.17 Violations deemed a public nuisance
1061.18 Remedies not exclusive
1061.99 Penalty
The purpose of this chapter is to provide for the health, safety and general welfare of the citizens of the city through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:
(a) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by stormwater discharges by any user;
(b) To prohibit illicit connections and discharges to the municipal separate storm sewer system; and
(c) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter.
(Ord. 78-07, passed 7-9-2007)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEST MANAGEMENT PRACTICES (BMPs). The schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BEST MANAGEMENT PRACTICES also include treatment practices, operating procedures, and practices to control site runoff spillage or leaks, sludge or water disposal or drainage from raw materials storage.
CLEAN WATER ACT. The Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.), and any subsequent amendments thereto.
CONSTRUCTION ACTIVITY. Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five acres or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
HAZARDOUS MATERIALS. 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 or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
ILLEGAL DISCHARGE. Any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in of this chapter.
ILLICIT CONNECTIONS. Defined as either of the following:
(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system, including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the Stormwater Manager; or
(2) Any drain or conveyance connected from a commercial or industrial land use to a storm drain system which has not been documented in plans, maps, or equivalent records and/or approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY. Activities subject to NPDES industrial permits as defined in 40 C.F.R. § 122.26(b)(14).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMIT. A permit issued by EPA (or by a state under authority delegated pursuant to 33 U.S.C. § 1342(b)) 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.
NON-STORMWATER DISCHARGE. Any discharge to the storm drain system that is not composed entirely of stormwater.
PERSON. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or the owner’s agent.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may include, but are not limited to the following: paints, varnishes and solvents; oil and other petrochemical fluids; non- hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects, so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers when applied in excess of federal, state or local standards; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES. Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM. Publicly-owned facilities by which stormwater is collected and/or conveyed, including, but not limited to, any roads with drainage systems, 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.
STORMWATER. Any surface flow, runoff and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
STORMWATER MANAGER. The authorized enforcement agent for the purpose of implementing the requirements of this chapter. The STORMWATER MANAGER, who shall be designated by the Pubic Works Director, may utilize employees, agents or designees from the Public Works Department, the Building Department and other personnel assigned to work for the city by the city’s consulting engineer upon approval of the departmental head.
STORMWATER POLLUTION PREVENTION PLAN. A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site, and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
(Ord. 78-07, passed 7-9-2007; Ord. 43-2014, passed 4-14-2014)
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