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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)
The Stormwater Manager shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the Stormwater Manager may be delegated in writing by the Stormwater Manager or the city to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. 78-07, passed 7-9-2007)
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.
(Ord. 78-07, passed 7-9-2007)
(a) Prohibition of illegal discharges.
(1) No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses, any materials, including, but not limited to, 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: water line flushing or other potable water sources, landscape maintenance, irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active ground water de-watering systems), crawl space pumps, air conditioning condensation, springs, noncommercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if de-chlorinated, typically less than one PPM chlorine), firefighting activities, and any other water source not containing pollutants;
B. Discharges specified in writing by the Stormwater Manager as being necessary to protect public health and safety;
C. Dye testing. However, a verbal notification is required to be given to the Stormwater Manager Prior to the time of the test; and
D. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, 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.
(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.
(Ord. 78-07, passed 7-9-2007)
(a) Suspension due to illicit discharges in emergency situations. The Stormwater Manager may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Stormwater Manager may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States, or to minimize danger to persons.
(b) Suspension due to the detection of illicit discharge.
(1) Any person discharging to the MS4 in violation of this chapter may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The Public Works Director will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a hearing for reconsideration.
(2) A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the authorized enforcement agency.
(Ord. 78-07, passed 7-9-2007; Ord. 43-2014, passed 4-14-2014)
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Stormwater Manager prior to the allowing of discharges to the MS4.
(Ord. 78-07, passed 7-9-2007)
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