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The prohibition of discharges shall not apply to any discharge regulated under an NPDES permit issued and administered by the EPA; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Compliance with an applicable NPDES permit governing discharges into the MS4 shall be considered compliance with this chapter. (1952 Code § 8-15-02.07)
A. Any discharge that would cause a violation of a Municipal NPDES permit, and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and the City shall seek to have such persons defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the permit holder relating to such discharge as provided by applicable rules of law.
B. All persons in charge of a facility are to comply with applicable Federal and State laws, including facility personnel, training, training record maintenance, training records, maintenance of notification procedures, and implementation of notification requirements for spill response to assure containment, clean up and immediate notification to the owner and operator of the MS4.
C. Individuals responsible for spills are to comply with applicable State and Federal notification requirements to assure containment, clean up and immediate notification to the owner and operator of the MS4. (1952 Code § 8-15-02.08)
To minimize the discharge and transport of pollutants to storm drains and prevent the deterioration of water quality, certain new developments and redevelopment projects will be required to submit for approval a stormwater management plan or a comprehensive drainage plan to control the quality, volume and rate of stormwater runoff. The City Stormwater Management Design Manual establishes standards and guidelines for implementing BMPs and stormwater management plans and is incorporated by reference and made part of this chapter.
A. Plans Required: Stormwater management plans or comprehensive drainage plans are required for industrial, commercial and institutional developments which require a building permit and multi-family residential developments that are not part of a larger subdivision project, as well as subdivision projects that have private access, which also require a building permit.
B. Redevelopment Projects: Redevelopment projects may be required to submit complete stormwater management plans or operation and maintenance plans if they meet the criteria found in the City Stormwater Design Manual.
C. Included Provisions Of Plans: Stormwater management plans and comprehensive drainage plans shall provide for the following:
1. Prevention of any direct discharge of untreated stormwater and nonstormwater, either on or off site.
2. Prevention of increased post development discharge rates.
3. Removal of a minimum amount, determined by the percentage of impervious parcel area, of annual total suspended solids generated from development or redevelopment runoff prior to any off site discharge.
4. Continuation of BMPs for appropriate periods of time.
5. Protection of groundwater from instances of development runoff infiltration.
D. Plan Development: Stormwater management plans and comprehensive drainage plans shall be developed in accordance with the City Stormwater Management Design Manual or equivalent, and shall include:
1. Site evaluation.
2. Drainage system report.
3. Peak flow rates and runoff volume calculations.
4. Safety requirements.
5. Grading plans.
6. Operation and maintenance plan.
7. All other necessary BMPs not covered in the areas listed above.
E. Certification Required: All drainage system reports, peak flow rates and runoff volume calculations, safety requirements and grading plans shall be certified by a licensed professional authorized by the State to perform such functions.
F. Conceptual Plans Not Considered: Drainage plans that are conceptual only, without engineering specifications, shall not be considered as comprehensive drainage plans.
G. Minimum Requirements For Drainage Systems: Drainage systems shall have the following minimum requirements:
1. Designed to provide primary conveyance for runoff from a 50-year frequency storm on sites with less than fifteen percent (15%) slope or a 100-year frequency storm on sites with greater than fifteen percent (15%) slope.
2. Designed to provide secondary conveyance for runoff for all flows up to the 100-year frequency storm, within defined rights-of-way or drainage easements.
3. Designed to prevent an increase of peak flows at any location for the 2-year, 10-year, 25-year and 100-year frequency storm which could cause increased inundation of any building or roadway surface.
4. Achievement of peak flow regulation by on site discharge, off site discharge with permission or participation in an approved regional stormwater management facility.
H. Amendments, Modifications: The City Council reserves the right to amend, modify and/or add requirements to the City Stormwater Management Design Manual. The design manual references in this chapter shall be to the most currently adopted version. (1952 Code § 8-15-03.01)
A. Plans Submitted: Stormwater management plans and comprehensive drainage plans shall be submitted at the time building plans are submitted. The plans shall be submitted to the Building Department with a permit fee in an amount provided for in a fee schedule adopted by the City Council. The plans shall be reviewed by the Public Works Department for their compliance with the City Stormwater Management Design Manual and other applicable rules and standards. Plans developed to meet Federal or State requirements may be submitted, and will be approved if they substantially conform to the requirements of this chapter. Where physical submission of plans would be too cumbersome, the Public Works Department may waive the requirement for physical submission when granted full access to review the on site plans.
1. No plan shall be approved that increases the peak level of stormwater runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.
2. No development or use of land which requires a grading permit, involves more than one thousand (1,000) square feet or ten percent (10%) of the existing impervious surface, or would create more than five hundred (500) square feet of new impervious surface shall be permitted without an approved stormwater management plan or comprehensive drainage plan.
3. No building permit or certificate of occupancy shall be issued without an approved stormwater management plan if required under this section.
B. Engineering Certification: The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan.
C. Modifications To Plan: Any modifications to comprehensive drainage plans shall be submitted to the Public Works Department for approval; provided, however, for comprehensive drainage plans approved pursuant to this chapter, as amended, only major modifications must be submitted for approval. All modifications to singular stormwater management plans must be submitted to the Public Works Department with a request for approval and a new stormwater management plan shall be submitted upon request of the Public Works Department.
D. Responsibility For System Function: Approval of the stormwater management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.
E. Suspension, Revocation Of Approval: Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner.
F. Completion Time Limit; Extension: Approval of a stormwater management plan or a comprehensive drainage plan may be suspended if the project is not completed within a two (2) year period or development has ceased for a period of more than two (2) years; however, a one year extension may be granted upon a written request which provides the reason for the delay or cessation of development and specifies a time frame for completion or commencement of development.
G. Notice Of Suspension, Revocation; Appeal: If suspension or revocation of approval is necessary, the owner will receive notice of this decision and may appeal to the City Public Works Commission. A written request for appeal and hearing must be made within ten (10) days from the notice of suspension or revocation.
H. New Plan Required After Suspension Or Revocation: If approval is suspended or revoked, the owner shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development.
I. Variance: If undue hardship would result from strict application of the requirements of this chapter, a person may request a variance.
1. Request Submitted In Writing: The variance request must be submitted in writing to the Public Works Department with a fee in an amount provided for in a fee schedule adopted by the City Council.
2. Reason For Request: The person requesting a variance shall state in detail the reason for the request and provide supporting documentation.
3. Denial; Appeal: If a request for variance is denied by the Public Works Department, the denial may be appealed to the Public Works Commission within ten (10) days of notice of denial. The Public Works Commission shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The Public Works Commission will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the Public Works Department.
4. Not Considered Right Or Privilege: A variance shall not be considered a right or special privilege.
J. Nonliability: Approval of any plans by the Public Works Department shall not create a liability on the part of or cause of action against the City or any officer or employee thereof regarding the plan or its operation. (1952 Code § 8-15-03.02)
A. Required: Stormwater facilities shall be maintained by the owner or other responsible party and, when there is a potential to discharge stormwater, shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed.
B. Waste Disposal: Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable Federal, State and local laws and regulations.
C. Records Maintained: Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five (5) years and shall be made available to the Public Works Department upon request.
D. Failure To Comply: Any failure to maintain facilities or correct problems with facilities after receiving due notice from the City may result in criminal or civil penalties and the City may perform corrective or maintenance work which shall be at the owner's expense. (1952 Code § 8-15-03.03)
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