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A. Specified: The purpose and intent of this chapter is to:
1. Protect and enhance the water quality of our watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with the Clean Water Act.
2. Control nonstormwater discharges to storm drains and reduce pollutants in stormwater discharges.
3. Provide design, construction, operation and maintenance criteria for permanent and temporary on site stormwater management facilities to control stormwater runoff.
4. Encourage the recharge of groundwater, where appropriate, and prevent the degradation of groundwater quality.
B. Further Regulation: Discharges into the municipal separate storm sewer system (MS4) may be subject to further regulation by the U.S. Environmental Protection Agency and local agencies owning and operating an MS4. Local agencies owning and operating portions of the MS4 in the City include, but are not limited to: the Ada County Highway District, Ada County Drainage District 3, Boise State University, and the Idaho Department of Transportation District 3. (1952 Code § 8-15-01.02)
The terms as used in this chapter shall have the following meanings:
AUTHORIZED ENFORCEMENT AGENT: The Director of Public Works and/or any individual designated by the Director of Public Works as an authorized enforcement agent.
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
BOISE CITY NONSTORMWATER DISPOSAL BEST MANAGEMENT PRACTICES: Best Management Practices adopted by reference by this chapter for nonstormwater disposal.
CFR: The Code of Federal Regulations.
CITY: The City of Boise City, Idaho.
CLEAN WATER ACT (CWA): Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483 and 97-117; 33 USC section 1251 et seq.
COMPREHENSIVE DRAINAGE PLAN: A stormwater management plan that covers all current and anticipated development on a site greater than ten (10) acres and sites planned for phased development.
DEVELOPMENT: Any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure within the jurisdiction of Boise City, as well as any manmade change or alteration to the landscape, including, but not limited to, mining, drilling, dredging, grading, paving, excavating and filling.
DIRECTOR OF PUBLIC WORKS: The Director of the Boise City Public Works Department.
DISCHARGE: Any addition or introduction of any pollutant, stormwater or any other substance whatsoever into the Municipal storm sewer system (MS4), waters of the State or into waters of the United States.
DISCHARGER: Any person who causes, allows, permits or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site or industrial facility.
FIREFIGHTING WATER: Any water, and any substance or materials contained therein, used in an emergency to control or extinguish a fire.
ILLICIT CONNECTION: Any physical connection to a publicly maintained storm drain system composed of nonstormwater which has not been permitted by the public entity responsible for the operation and maintenance of the system.
ILLICIT DISCHARGE: Any discharge to a storm drain that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit.
IMPERVIOUS SURFACE: A surface which prevents or retards the penetration of water into the ground, including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.
MAJOR MODIFICATION: An alteration to an existing or planned stormwater drainage facility that does one or more of the following: changes the volume, surface area, depth, capacity, inflow rates, outflow rates or level of treatment by five percent (5%) or more; changes the treatment process; adds more than one thousand (1,000) square feet of impervious surface; or increases the tributary impervious drainage area to an individual drainage facility component by more than ten percent (10%).
MUNICIPAL NPDES PERMIT: An area wide NPDES permit that is issued to a government agency or agencies for the discharge of pollutants from any point source into the waters of the United States.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyance (including roads with drainage systems, Municipal streets, catch basin, curb, gutters, ditches, manmade channels or storm drains) owned or operated by a public body (created under State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under State law, such as sewer district, flood control district or drainage district, or similar entity that discharges to the waters of the United States and which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR section 122.2.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by the U.S. Environmental Protection Agency, Region X, in compliance with the Federal Clean Water Act for the discharge of pollutants from any point source into the waters of the United States.
NONSTORMWATER DISCHARGE: Any discharge that is not entirely composed of stormwater.
OWNER OR OPERATOR: The owner or operator of any facility or activity subject to regulation under the Federal NPDES Program, including operational and day to day control over facility activities.
PERSON: Any individual, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.
POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended) (42 USC section 2011 et seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural waste discharged into water, and as otherwise defined in 40 CFR section 122.2.
PREMISES: Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
REDEVELOPMENT: A project for which a building permit is required that proposes to add, replace and/or alter impervious surfaces affecting the existing drainage system, other than routine maintenance, resurfacing or repair. A project which meets the criteria of a major modification, as defined in this section, shall be considered a redevelopment.
STORMWATER: Water runoff and surface drainage associated with rainstorm events and snow melt.
STORMWATER MANAGEMENT: The process of collection, conveyance, storage, treatment and disposal of stormwater to ensure control of the magnitude and frequency of runoff and to minimize the hazards associated with flooding. Also includes implementing controls to reduce the discharge of pollutants, including management practices, control techniques and systems, design and engineering methods.
STORMWATER MANAGEMENT DESIGN MANUAL: The Design Standards Manual prepared by the Boise City Public Works Department, which provides design, performance and review criteria for stormwater management practices.
STORMWATER MANAGEMENT PLAN: Details of the drainage system, structures, BMPs, concepts and techniques that will be used to control stormwater, including drawings, engineering calculations, computer analyses, maintenance and operations procedures, and all other supporting documentation.
U.S. EPA: United States Environmental Protection Agency.
VARIANCE: A modification of the requirements of this chapter.
WATERS OF THE STATE: All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, which are wholly or partially within, which flow through or border upon, the State.
WATERS OF THE UNITED STATES: Waters as defined in 40 CFR section 122.2.
WETLAND: An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (1952 Code § 8-15-01.03)
This chapter shall apply to all activities which may potentially affect the MS4, any private storm drain, or any body of water within the City and any activity which discharges pollutants into such systems, except for those activities contained entirely on Federal or State or County lands and that do not impact adjacent jurisdictions. Additionally, permanent and temporary stormwater management controls and facilities, constructed as part of any activities listed in this chapter, which are located within the City limits, are also subject to this chapter. The stormwater management standards shall apply to industrial, commercial, institutional and multi-family residential development, as well as subdivision projects with private access. (1952 Code § 8-15-01.04)
This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations and the Municipal NPDES permit and any amendments, revisions or reissuance thereof. Activities regulated by this chapter may be subject to further regulation by the specific public entity owning and operating an MS4. No permit or approval issued pursuant to this chapter shall relieve a person of the responsibility to secure permits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance. (1952 Code § 8-15-01.05)
A. Reduction Of Pollutants: Any person engaged in activities which will or may result in pollutants entering a storm drain shall undertake reasonable measures to reduce such pollutants. Examples of such activities include, but are not limited to: improper application, over use and disposal of herbicides, pesticides and fertilizers; activities related to automobile businesses, including service stations, automobile dealerships, car washes and body shops; and light industrial facilities which may be a source of pollutants.
B. Accumulation Prohibited: No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well defined compost system.
C. Leaking Containers: No person shall cause or permit any dumpster, solid waste bin or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private plot of land in the City.
D. Property Maintenance: The occupant or tenant, the owner, lessee or proprietor of any real property in the City where there is located a paved sidewalk or parking area shall maintain said paved surface free of dirt or litter to the extent reasonable and practicable and provide an adequate means for the disposal of refuse, rubbish, garbage or other articles so as to prevent such matter from entering a storm drain. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property.
E. Water Pollution: No person shall throw or deposit any pollutant in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City, except as otherwise permitted under local, State or Federal law. (1952 Code § 8-15-02.01)
A. Best Management Practices: Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure, or conducting routine building wash downs, shall clean and maintain those structures consistent with the City nonstormwater disposal Best Management Practices prior to discharging to a storm drain.
B. Drainage Requirements:
1. All water from nonstormwater sources or incidental stormwater sources (i.e., blown through openings and windows or transported on vehicles) that enter newly developed or significantly redeveloped covered parking garages are to be directed to the sanitary sewer disposal system, unless that alternative is not reasonably feasible. Newly developed or significantly redeveloped covered permanent parking garages may drain into a storm drain when no feasible alternative is available, with the consent of the owner and operator and in accordance to this and other City ordinances. The owner and operator of a storm drain may impose requirements, including the construction of control structures to ensure the pretreatment of such discharges prior to entry into the storm drain. All water from direct stormwater sources that enter uncovered parking garages is to go to a stormwater disposal system in accordance with section 10-6-3 of this chapter.
2. For projects governed by other jurisdictions, e.g., the Ada County Highway District (ACHD) or a drainage district, the applicant must comply with their standards and requirements and receive approval from those entities. (1952 Code § 8-15-02.03)
A. Storage Of Hazardous Substances: In outdoor areas, no person shall store grease, oil or other hazardous substances in a manner that will or may result in such substances entering a storm drain system. In outdoor areas, no person shall store motor vehicles, machine parts or other objects in a manner that may leak grease, oil or other hazardous substances to a storm drain.
B. Spill Containment System: To prevent the discharge of hazardous substances to the MS4, the City may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition. (1952 Code § 8-15-02.04)
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