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Boise, ID Code of Ordinances
CITY CODE of BOISE CITY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS, COMMISSIONS, COMMITTEES
TITLE 3 LICENSES AND PERMITS
TITLE 4 HEALTH AND SANITATION
TITLE 5 PUBLIC SAFETY
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 AIRPORT
TITLE 9 BUILDING CODES AND REGULATIONS
TITLE 10 PUBLIC UTILITIES
TITLE 11 DEVELOPMENT CODE
PARALLEL REFERENCES
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10-6-1-4: APPLICABILITY:
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)
10-6-1-5: REGULATORY CONSISTENCY:
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)
10-6-2: DISCHARGE REGULATIONS AND REQUIREMENTS:
Any illicit discharge to any storm drain, including both the MS4 and private storm drains, is a violation of this chapter, unless exempted by provisions of sections 10-6-2-6 and 10-6-2-7 of this chapter. (1952 Code § 8-15-02)
10-6-2-1: GENERAL REQUIREMENTS AND PROHIBITIONS:
   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)
10-6-2-2: ILLICIT CONNECTIONS:
It is prohibited to establish, use, maintain or continue illicit drainage connections to the MS4, or to commence or continue any illicit discharges to the MS4. (1952 Code § 8-15-02.02)
10-6-2-3: PARKING LOTS AND SIMILAR STRUCTURES:
   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)
10-6-2-4: OUTDOOR STORAGE AREAS; COMMERCIAL AND INDUSTRIAL FACILITIES:
   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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