(A) Any person who conducts an activity on non-residential property or conducts an activity for a fee or charge on residential property that has the reasonable potential to affect the quality or volume of storm water impounded upon or released from the property, regardless of whether it is raining at the time, shall prepare a detailed written storm water management plan as described in this section. There is a rebuttable presumption that a storm water management plan is not required for activities conducted within completely enclosed structures and in other areas that are permanently inaccessible to contact with rainfall or other sources of water, including run-on and runoff.
(B) All persons applying to any chapter of the El Mirage City Code for authorization, permission, or a permit to perform or engage in an activity that might affect the quality or volume of storm water impounded upon or released from the property as a result of the activity for which approval is sought shall prepare and submit a storm water management plan.
(C) A storm water management plan shall apply to all contiguous land under common ownership or control, and shall specifically state the address of each parcel of property subject to the plan. The plan shall include seven sections unless a section is waived by the City Manager or his or her designee. Section one shall describe the facility information such as complete address, owner/operator name, telephone numbers of responsible parties, and nature of business. Section two must list all materials and chemicals found on the property, their quantity, how they will be used, and disposal methods. Section three must include administrative Best Management Practices (BMPs) describing the housekeeping strategies that are used to reduce or eliminate storm water pollution. Section four shall describe a spill control plan designed to identify the procedures that will be used to clean up a spill, the location of the spill control kits, and the type of spill control equipment; materials; personal protective equipment (PPE) that will be used in the event of a spill cleanup. Section five must describe any structural BMPs in place on the property that may include sealed concrete berms, roofs, spill control pallets, over-pack drums, retention/detention basins, or other devices to protect storm water from becoming polluted and discharging offsite. Section six is a site drainage plan showing the anticipated flows of storm water from the site. Section seven shall include a checklist of BMPs used during inspections during a rain event to insure the BMPs to protect storm water are working properly and a Storm Water Certification/Authorization page to be signed by a duly authorized company representative stating the information they supplied is correct to the best of their knowledge; and any additional information concerning storm water management and pollution prevention efforts that are or will be prepared to comply with any rules or NPDES permits promulgated pursuant to the portions of 40 C.F.R. part 122, that relate to discharges of storm water. The storm water management plan shall be provided to the City Manager or his or her designee. A storm water pollution prevention plan (SWPPP) as required by the United States Environmental Protection Agency (USEPA) Region 9 may be submitted in lieu of the storm water management plan although revisions may be requested by the City Manager or his or designee before approval.
(D) A storm water management plan may apply to more than one parcel of property so long as the activities on the properties are sufficiently similar that the plan is appropriate.
(E) Permits, approvals, or other authorizations that require storm water management plans as provided in this section shall not be issued until the City Manager or his or her designee has received the applicable storm water management plan. If significant materials are not at all times managed in substantial compliance with the applicable storm water management plan, or if the authorized activity causes or contributes to violations of this chapter, the City Manager or his or her designee may modify or revoke the permit, approval, or other authorization. There shall be an enforceable commitment that the persons described in § 53.99(C) will update the storm water management plan as necessary if activities at the affected property are modified in a manner that may cause a material detrimental change in the volume, velocity, or quality of storm water released offsite.
(F) A storm water management plan shall include, to the extent applicable, practicable measures (Best Management Practices-BMPs) for: managing litter; the use, storage, treatment, and disposal of significant materials; the quantity, use, and disposal of pesticides and herbicides; reducing the velocity of releases to a public storm drain system; the use of landscape features to reduce the quantity and velocity of storm water that may be released offsite; maintenance of retention/detention basins and other structural BMPs or storm water management devices; maintenance and cleaning of parking lots and buildings; ensuring that significant materials are not exposed to direct contact with storm water; and documented employee and contractor training. The storm water management plan must include, at a minimum, quarterly inspections and inspections during rain events with a flow of 0.1 inches or greater of all structural and non-structural BMPs to ensure that all BMPs are functioning as per their intended uses. BMPs that are insufficient to protect storm water runoff will be reviewed and repaired as needed within ten days of the observation. A site plan indicating the location of buildings, storage areas, stored materials and/or chemicals, spill control stations, structural BMPs, loading/unloading docks, and the direction of runoff shall be included. Storm water pollution prevention plans that comply with a storm water NPDES permit and applicable requirements of 40 C.F.R. part 122 and this chapter may be used as part of the entire storm water management plan required by this section.
(G) Upon request, the City Manager or his or her designee may issue a determination that existing or proposed activities on non-residential, or proposed activities for a fee or charge on residential property, will be conducted in such a manner that a storm water management plan is not required. A person seeking this determination shall submit all information necessary to make the determination, including but not limited to verification that the volume or quantity of water impounded upon or released from the property has no reasonable potential to adversely affect a public storm drain system or create a public nuisance. Any determinations made under this section are valid only with respect to material conditions disclosed at the time the determination is rendered, and may be conditioned on the installation and maintenance of measures intended to prevent public nuisances.
(H) The City Manager or his or her designee may require structural devices that will assist in reducing the pollutant loading from the facility. The facility or property owner is responsible for installing and maintaining any such device. Devices that are found to be inoperable or in disrepair will be subject to a violation for allowing pass-through of potentially polluted waters into the MS4.
(I) Temporary discharge permits issued by the city shall control the volume, velocity, and quality of the discharge and meet other regulations deemed necessary including the Americans with Disabilities Act (ADA) requirements.
(J) Applications to construct improvements shall contain plans and specifications to control the volume and velocity of discharged storm water based on current city storm drain design manual or more stringent regulations.
(K) The City Manager or his or her designee reserves the right to require amendments to a storm water management plan as deemed necessary to reduce or eliminate pollutant sources from reaching the publicly-owned storm drain system or environment.
(L) A storm water pollution prevention plan (SWPPP) that complies with a storm water NPDES permit and applicable requirements of 40 C.F.R. part 122 may be used as part or all of the storm water management plan required by this section.
(M) A storm water management plan or storm water pollution prevention plan is not transferable to a new business or property owner. The new business or property owner is required to submit a new storm water management plan or storm water pollution prevention plan. Businesses and properties under new ownership are also subject to re-inspection by the City Manager or his or her designee.
(Ord. O06-07-12, passed 8-31-2006; Res. R06-07-20, passed - -2006)