Loading...
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore, this chapter is not to be interpreted as meaning that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. The owner shall indemnify and hold harmless the city and its agents, officers and employees for any and all claims, damages, losses or expenses, including reasonable attorney fees that arise out of or allegedly arise out of the design, construction or maintenance of the systems and facilities described in this agreement that are not due to negligence or omission on the part of the city, its agents, officers and employees.
(Prior Code, § 53.07) (Ord. 18-31, passed 9-4-2018)
No person shall discharge or cause to be discharged into the municipal separate storm sewer system or watercourses any materials other than stormwater, including, but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standard. The commencement, conduct or continuance of any illegal discharge to the municipal separate storm drain system is prohibited except as follows:
(A) The following discharges are exempt from discharge prohibitions established by this chapter: Water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater de-watering system), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wetland flows, swimming pools (if de-chlorinated, typically less than one part per million of chlorine), fire fighting activities and any other water source not containing pollutants;
(B) Discharges specified in writing by the City Engineer as being necessary to protect public health and safety;
(C) Dye testing is an allowable discharge, but requires a written notification to the City Engineer prior to the time of test; and
(D) The prohibition shall not apply to any non-stormwater discharge permitted under a 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 municipal separate storm sewer system.
(Prior Code, § 53.08) (Ord. 18-31, passed 9-4-2018)
The construction, connection, use, maintenance or continued existence of any illegal connection to the municipal separate storm sewer system is prohibited.
(A) 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.
(B) A person is considered to be in violation of this chapter if the person connects a line conveying pollutants to the municipal separate storm sewer system or allows such a connection to continue.
(Prior Code, § 53.09) (Ord. 18-31, passed 9-4-2018) Penalty, see § 53.99
(A) Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit.
(B) Proof of compliance with said permit may be required in a form acceptable to the city prior to, or as a condition of, a subdivision map, site plan, building permit or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause.
(Prior Code, § 53.10) (Ord. 18-31, passed 9-4-2018)
(A) The city adopted requirements identifying best management practices for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the municipal separate storm sewer system or waters of the state or the United States of America.
(B) The owner or operator of a commercial or industrial establishment shall provide, at the expense of the owner or operator, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal separate storm sewer system or water courses through the use of these structural and non-structural best management practices to prevent the further discharge of pollutants to the municipal separate storm sewer system.
(C) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with the industrial provisions of this section is required. These best management practices shall be part of a stormwater pollution prevention plan as necessary for compliance with requirements of the NPDES permit.
(Prior Code, § 53.11) (Ord. 18-31, passed 9-4-2018)
The city requires by written notice that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter; and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges.
(Prior Code, § 53.12) (Ord. 18-31, passed 9-4-2018)
(A) Watercourse protection. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, left or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system or water of the United States, any refuse, rubbish, garbage, litter or other discarded or abandoned objects, articles, excessive sediment and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper covered waste receptacles for the purpose of collection are exempted from this prohibition. All waste containers must be solid and able to retain all accumulated liquids. The discharge of accumulated liquids onto paved surfaces is prohibited. Waste receptacles shall be equipped with covers to prevent rainwater accumulation.
(B) Stream bank protection. Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately-owned structures within or adjacent to a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actual necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within his or her property lines in order to protect against erosion and degradation of the water course originating or contributed from his or her property.
(Prior Code, § 53.13) (Ord. 18-31, passed 9-4-2018)
Loading...