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Ordinance No. 2021-35
AN ORDINANCE AMENDING CITY CODE TITLE 8 CHAPTER 6 “STORM DRAINAGE” ESTABLISHING OBLIGATIONS OF PRIVATE PROPERTY OWNERS TO MANAGE THE STORM WATER DRAINAGE ON THEIR PROPERTY; PROVIDING ENFORCEMENT POLICIES AND OTHER TECHNICAL ADDITIONS IN ORDER TO MEET STATE STORM WATER DISCHARGE REQUIREMENTS; ADDING A REQUIREMENT FOR A LAND DISTURBANCE PERMIT PROCESS AND PROVIDING AN EFFECTIVE DATE. (CITY WIDE) (PLEASANT GROVE CITY APPLICANT)
WHEREAS, The City is authorized by Utah Code § 10-8-84 to “pass all ordinances and rules, and make all regulations . . . as are necessary and proper to provide for the safety and preserve the health, and promote the prosperity, improve the morals, peace and good order, comfort, and convenience of the city and its inhabitants. . .”; and
WHEREAS, the purpose of this ordinance is to promote the public health, safety, and general welfare of the citizens of Pleasant Grove; and
WHEREAS, City has an existing storm drainage system that consists of a network of manmade and natural channels, structures, and conduits that collect and convey storm water runoff; and
WHEREAS, Land development alters the hydrologic response of watersheds by converting natural ground to impervious surfaces, resulting in increased storm water runoff rates and volumes, increased potential for flooding, increased stream and drainage channel erosion, and increased sediment transport and deposition; and
WHEREAS, Storm water runoff produced by land development activities places increased demands on the City’s storm drainage system; and
WHEREAS, The Environmental Protection Agency (EPA) and the Utah State Department of Environmental Quality (DEQ) have increased storm water regulations as part of the Phase II of the National Pollutant Discharge Elimination System (NPDES) and the Utah Pollutant Discharge Elimination System (UPDES); and
WHEREAS, City is mandated to be in compliance with these standards; and
WHEREAS, after consideration of all the relevant factors, the Pleasant Grove City Council finds and determines that it is in the best interest of the health, safety and general welfare of its current and future residents to adopt this ordinance in order to provide adequate regulation of storm water flows within the City; and
WHEREAS, the City Council held a public meeting on December 7, 2021 to consider these ordinance changes; and
WHEREAS, at the conclusion of the meeting, the council adopted and approved the proposed ordinance amendments.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of Pleasant Grove City, Utah County, Utah that Title 8 Chapter 6 of the Pleasant Grove Municipal Code be amended as follows:
8-6-1: Findings; Storm Drainage Master Plan Adopted
8-6-4: Dumping Or Pumping
8-6-5: Conveyance And Discharge Of Stormwater
8-6-6: Piping Of Existing Drainage/Irrigation Facilities
8-6-7: Enforcement, Penalties and Abatement
8-6-8 Land Disturbance Permits
The city council:
A. Has found it necessary and determined that the public interest, convenience, health, welfare and safety requires that all water generated from, off and around individual construction, commercial, industrial, and public use developments and subdivisions be confined and disposed of in a flood control storm drain system; and (Ord. 98-34, 12-15-1998)
B. Has adopted as part of the city's general plan a storm drainage master plan as amended from time to time relating to the disposition of surface waters in a storm drainage system; and (Ord. 98-34, 12-15-1998; amd. Ord. 2004-16, 7-20-2004)
C. Has found that each area which is proposed to be subdivided, developed and/or built upon, does in fact generate additional runoff water which needs to be disposed of in a safe manner, avoiding damage and hazards to the inhabitants of the city; and
D. Has found it is necessary that certain improvements be constructed upon and/or in close proximity to subdivisions, commercial, industrial and public use developments, developments and individual construction in order to carry the surface runoff water to appropriate storage, disposition areas and other facilities identified in the storm drainage master plan; and
E. Has found that the costs of construction of the improvements must be borne by the subdivision and/or proposed developer and builder. (Ord. 98-34, 12-15-1998)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
BEST MANAGEMENT PRACTICE (BMP): is a schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce storm water pollution. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
CLEAN WATER ACT: IS THE Clean Water Act of 1987, formerly referred to as the Federal Water Pollution Control Act.
CATCH BASIN: A basin that has a stormwater inlet to trap solids or debris.
DEBRIS: Any rock, dirt, sand, tree or other rubbish, litter, etc.
DETENTION BASIN OR RETENTION BASIN: A depression, or bermed area, designed with an inlet and outlet that regulates water flow and may allow debris to settle out of the water, and that is capable of detaining stormwater runoff until it can either percolate into the surrounding soil, or be discharged at an approved release rate into a channel, pipe, ditch, street or other conveyance, without causing damage downstream. The detention basin shall have a discharge into said facilities as set forth above, however, a retention basin must contain all generated volumes.
DEVELOPED LAND: shall be all property altered from a natural state by grading, paving, compaction, construction of structures, impervious surfaces, or drainage works so that storm water runoff from the property is changed in quantity, quality, or point of discharge from that which would occur in the natural condition, or so that provision of control and management of storm water runoff from other properties is necessary to prevent property damage and/or personal hazard during storm events.
DISCHARGER: is any person or entity who directly or indirectly discharges storm water from any property or who directly or indirectly discharges any substance into a storm drainage system.
DRAIN INLET: A point of entry into a sump, detention or retention basin, or stormwater system or conduit, or approved irrigation system.
ILLICIT DISCHARGE: is any discharge into a water body, drainage channel, or a public or private drainage system that is not composed entirely of storm water or discharges otherwise exempted .
IMPERVIOUS SURFACE: means any hard surface, other than an undisturbed natural surface, that prevents or retards the absorption of water into the soil, or that causes water to run off the surface at a rate or quantity greater than that of the natural surface. Common impervious surfaces include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, and storage areas.
LOW IMPACT DEVELOPMENT (LID): Storm water control measures intended to capture, infiltrate, or treat initial runoff.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): is a federal permitting program, as authorized by Section 402 of the Clean Water Act, to control water pollution by regulating point sources that discharge pollutants.
POLLUTANT: is any substance which has the potential to impair water quality including but not limited to the following: solid wastes, vehicle fluids, yard wastes, landscape materials, animal wastes, sediment, sewage, garbage, chemical wastes, biological wastes, soils, rocks, sand, or any other substance defined as a pollutant under the Clean Water Act.
PRETREATMENT: A structure, facility, or system that is designed to treat the flows in a stormwater conveyance system prior to discharge into downstream facilities, receiving waters, or into the soil. The facility reduces bulk pollutants by reducing sediment loads, removing trash, oils, grease and debris, and reducing Total Suspended Solids (TSS).
PRIVATE DRAINAGE: is all storm water that originates within the boundaries of private property, including, but not limited to, residential, commercial, industrial, or agricultural. It shall retain private classification up to the point where it is discharged to a public storm water facility.
STORM DRAIN: A closed conduit for conducting stormwater that has been collected by inlets or other approved means.
STORMWATER: Precipitation such as rain, snow, hail or other naturally occurring waters, that are not present as groundwater. Once the water percolates into the soil, it is defined herein as groundwater. Stormwater runoff is water that is generated by stormwater over land. All other water is defined as being water that is naturally occurring, and is not stormwater.
STORMWATER RUNOFF: is the runoff and drainage of precipitation resulting from rainfall, snowfall, or snow/ice melt or other natural events or processes.
SUMP: A formalized structure underground, surrounded by drain rock, that acts as a detention basin to allow the slow release of water into the surrounding subsoil. Sumps usually receive stormwater runoff from paved areas such as streets, parking lots, building roofs, etc. (Ord. 98-34, 12-15-1998; amd. Ord. 2020-16, 7-21-2020; Ord. 2020-29, 12-15-2020)
UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES): is a State permitting program authorized by Section 402 of the Clean Water Act to control water pollution, and is comparable to the National Pollutant Discharge Elimination System (NPDES).
A. It is unlawful for any person to obstruct or contribute to the obstruction of the flow of stormwater runoff or non-stormwater runoff into any sump, retention basin, stormwater channel or storm drain, curb and gutter, drain inlet, or other associated structural controls that convey stormwater and/or non-stormwater runoff.
B. It is unlawful for any person to cause any obstruction that inhibits the normal flow of stormwater and/or non-stormwater runoff in any curb and gutter, unless the obstruction is associated with a street and/or stormwater improvement project and is authorized by the city engineer or his appointee and granted with the issuance of a permit signed by the city engineer or his appointee.
C. It is unlawful for any person to cover over any drain inlet for any reason or purpose. (Ord. 98-34, 12-15-1998)
A. It is unlawful for any person to dump or pump, or allow to be dumped or pumped, into any sump, detention or retention basin, storm drain, curb and gutter, drain inlet, or other storm or non-storm water structure that conveys stormwater and/or non-storm water, including, but not limited to: any type of debris, groundwater, petroleum product, chemical, paint, pesticide, herbicide, heavy metal, acid or base product, solid or liquid waste product, hazardous waste product, and/or human or animal waste.
B. The restrictions set forth in subsection A of this section shall not apply to the normal runoff of non-stormwater related to domestic home use, as long as the product in question is used in the manner prescribed by the manufacturer of the product; for example, lawn watering, washing cars, etc. (Ord. 2012-2, 1-17-2012)
Illicit Discharges. It is unlawful for any person to cause or allow the discharge into a water body or storm drainage system, either directly or indirectly, of any substance not comprised entirely of storm water or an exempted discharge as listed in Subsection (2) of this Section.
Exempted Discharges. The following non-storm water discharges shall be permissible; provided, that they do not result in a violation of water quality standards set forth by the State of Utah and/or Federal agencies:
Discharges regulated under a valid Utah Pollutant Discharge Elimination System (UPDES) discharge permit; provided that the discharge complies with the terms of the permit.
Discharges from water line flushing.
Discharges from landscape or lawn watering.
Uncontaminated ground water.
Uncontaminated irrigation water.
Discharges from natural riparian habitat or wetland flows.
Discharges form air conditioning condensate.
Discharges or flows from emergency management or firefighting activities.
Discharges from foundation drains, footing drains or crawlspace or basement pumps; provided that the discharge is approved by the Public Works Director or their designee.
Discharges resulting from municipal infrastructure management, including street wash water, storm drainage system jetting, hydrant flushing and/or testing, etc.
Accidental Discharges. Any person who accidentally discharges into a water body or storm drainage system shall immediately inform the Public Works Director or their designee of the discharge. If such information is given orally, a written report concerning the discharge is to be submitted by the discharger to the Public Works Director, or their designee, within ten (10) days of the discharge. The written report shall specify:
The composition of the discharge and the cause thereof.
The exact date, time and estimated volume of the discharge.
All measures taken to clean up the accidental discharge.
Proposed measures to be taken to prevent any recurrence.
The name and contact information of the person making the report.
A properly reported accidental discharge shall be considered an affirmative defense to a civil infraction of this Title; however, it shall not be a defense to legal action brought to obtain an injunction, to recover costs, or to obtain other relief from any adversities resulting from the discharge. A discharge shall be considered properly reported only if the discharge complies with all requirements of this section.
Prohibited Storage and Littering.
It is unlawful for any person to place garbage, refuse yard waste, pet waste, rocks, soil, mud, or any other tangible material/substance into any street, gutter, or component of the storm drainage system.
Except as permitted by law and where adequate protection and containment is provided, it is unlawful for any person to store, stockpile, keep, or leave any pollutant or hazardous material, within a drainage-way, or in a manner that is likely to result in the discharge of material into the storm drainage system.
Inspection, Monitoring and Sampling.
Under the direction of the Public Works Director or their designee, a properly identified City representative may inspect, monitor and/or obtain samples from storm water runoff facilities of any discharger to determine compliance with the requirements of this Title.
Any discharger shall allow the City’s representative to enter upon the premises of the discharger during regular business hours for the purpose of inspecting, monitoring and/or sampling storm water discharges.
The discharger shall allow the City’s representative to temporarily place on the discharger’s property the equipment or devices necessary to perform proper inspections, monitoring and/or sampling of storm water discharges.
A. D. Reduction of Stormwater Flows:
1. Multi-Family, Commercial, and Industrial Development: The development for which the permit or approval is issued must design for and calculate the flows and volume, as provided in subsection 11-7-4D of this code, that will be produced by a 10-year, 24-hour storm for detained flow, and a 25-year, 24-hour storm for retained flow. In addition, the maximum allowable discharge from the detention basin(s) for the entire project area or site shall not exceed 0.15 cfs per acre of gross area of development. The amount of storm water exiting the project cannot exceed the amount calculated above but may be further restricted by the capacity of existing storm drains or drainage facilities as determined by the City Engineer. Restrictions to the controlled rate of release will require that detention storage be provided. If no storm water collection system is available downstream with allowable capacity, retention of the 25-year storm must be provided. In any event that retention is the only available source of storm water management, in the determination of the city engineer, the soil must be capable of absorbing the entire volume of water within a three (3) day period of time, as determined by a percolation test that shall be performed on the site to be used for retention of the storm water. All other provisions of the sizing, improvement and use of retention or detention basins shall conform in all instances to the provisions of section 10-15-33 of this code. In addition, all provisions of the design of storm water systems or control for each development shall conform to the stormwater master plan. Such developments must also provide means of safely conveying the 100-year storm to available public roads and drainage facilities without undue flooding of buildings and adjacent property. If such facilities are not provided or feasible, as determined by the City Engineer, retention of the full 100-year event must be provided.
2. Single-family residential:
a. Single-family residential developments are not required to install onsite detention or retention facilities unless no storm water collection system with allowable capacity, or no regional detention basins are available downstream with sufficient unused capacity, or no such facilities are planned for in the storm drain master plan, as determined by the City Engineer. Detention or retention must be designed for the 10-year or 25-year storm volume as described in 8-6-5-A-1.
b. Developments must be designed to safely convey the 100-year event to public roads and drainage facilities without flooding buildings or creating additional undue flooding of neighboring properties, as determined by the City Engineer.
B. All developments for which the permit or approval is issued must provide means of conveying the 25-year storm from the site to public facilities. Any conveyance facilities connecting to city systems, or intended for dedication to the city, must be designed to convey the full 25-year storm event.
C. All facilities which are designed to infiltrate runoff into the soil must have means of pretreatment. The pretreatment must be designed to treat all flow up to the 2-year storm peak flow and volume and must retain the majority of trapped sediment and pollutants during bypass events. In a system that injects water directly into the soil, if special circumstances exist on a development site, the City Engineer may specify a larger design event for pretreatment or require that other protective measures be installed.
D. January 1, 2021, all submitted development applications for new or redeveloped developments with an area greater than 1 acre in size must address Low Impact Development storm drain design practices as outlined below. The Project Volume Retention Goal (Vgoal) must be calculated as described in the "Storm Water Technical Manual" in Appendix A of the "Public Works Standards Specifications and Drawings".
1. For developments in single family residential zones, the MS4 LID Residential Development Fee will be calculated based on the Vgoal volume, in accordance with the current adopted fee schedule.
2. All other types of development must provide infiltration, evapotranspiration and bioretention facilities for the full Vgoal volume in accordance with the requirements of the Storm Water Technical Manual. If conditions exist as outlined in the Storm Water Technical Manual that prevent such developments from infiltrating the full volume, a partial retention approach shall be utilized. Whatever volume of water cannot be infiltrated shall be treated using LID practices prior to discharging any storm water offsite.
3. The City Engineer may reject or require adjustments or modifications to any LID methods, standards, or guidelines proposed for use by the developer that are deemed by the City Engineer to not meet the requirements or intent of the city code or the city's Standard Specifications and Drawings, or that may be ineffective, or unproven, or create excessive or unaddressed maintenance concerns, or that may create a public nuisance.
E. In the instances where the plan describes major storm water conveyance channels that are intended to remain in an open, non-piped condition, conflicting provisions of this code, requiring that channels, ditches, and other storm or irrigation water conveyances be piped, shall be waived. (Ord. 98-34, 12-15-1998; amd. Ord. 2020-16, 7-21-2020; Ord. 2020-29, 12-15-2020)
Any open irrigation and/or drainage ditches which are located within or along the borders of any proposed development must be piped or otherwise covered as a condition of development approval, except as provided in section 8-6-5 of this chapter. The developer shall be responsible for the design and construction of the required improvements. In the event the ditch has been identified in the stormwater master plan as needing increased capacity, the city council may elect to have the city participate in the costs of piping such ditch. (Ord. 98-34, 12-15-1998; amd. Ord. 2020-29, 12-15-2020)
Enforcement Authority. The Public Works Director, or their designee, shall have the authority to issue notices of violation, stop work orders and to impose civil penalties for any violation of this Title.
Notice of Violation. Whenever the Public Works Director, or their designee finds that a person has violated any of the provisions of this Title, the Director or their designee may issue a written notice of violation. Such notice may include any or all of the following:
Elimination of illicit connections or discharges;
That the violating discharges, practices, or operations shall cease and desist;
The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
Payment to cover remediation costs incurred by the City;
The implementation of proper BMPs to prevent future occurrences.
Within ten (10) days of the date of the notice, the violator shall submit to the Public Works Director or their designee a plan for the satisfactory correction of the discharge or a request for an administrative hearing. The Public Works Director or their designee may skip the notice requirements set forth in this Section and immediately proceed with civil and/or criminal action against the violator if (1) the violator has committed the same violation in the past, or (2) the violation, in the opinion of the Director or their designee creates a serious risk to the public, the environment, or property, or (3) the Director or their designee deems the violation an emergency.
Stop Work Order. Where there is work in progress that causes or constitutes a violation of any provision of this Title, the Public Works Director, or their designee is authorized to issue a stop work order to prevent further or continuing violations and/or adverse effect. All persons to whom the stop work order is directed, or who are involved, in any way, with the work described in the stop work order shall fully comply therewith. In situations which may be deemed a risk to the public health or safety, the Director or their designee may also undertake or cause to be undertaken any necessary or advisable protective measures to correc the violation and prevent further unauthorized discharge, the cost of which shall be the responsibility of the owner of the property upon which the work is being done and any person carrying out or participating in the work. Such costs shall be a lien upon the property, at the discretion of the City. In cases where the costs exceed available bond monies, the responsible party shall not be granted new permits by the City until the costs have been repaid to the City in full.
8-6-8: LAND DISTURBANCE PERMITS
A. When required. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases:
Land disturbing activity that generally disturbs one or more acres of land.
Land disturbing activity of less than one acre of land if such activity is part of a larger common plan of development that affects one or more acres of land;
Land disturbing activity of less than one acre of land, if, in the discretion of the city engineer, such activity poses a unique threat to water, or public health or safety;
The creation and use of borrow pits;
Development of a single family home;
Processing of earthen materials such as top soil and gravel screening;
Construction of parking lots;
Creation of an impervious area 0.25 acres (ten thousand eight hundred ninety square feet) constructed with compacted gravel, asphalt, or concrete pavement;
Creation or alteration of storm drain works or systems;
Excavation or disturbance of more than one thousand cubic yards of material in any non-agricultural earth moving activity.
B. Drainage Channels, waterways, and sensitive areas.
1. Property owners shall not alter or restrict natural channels and waterways without proper federal, state, and city permits.
2. Modifications of sensitive areas are subject to and governed by the Pleasant Grove City Sensitive Land Ordinance. These actions will require a land disturbance permit and approval from all other governing agencies.
3. Property owners proposing to redirect runoff, surface and/or channelized pipe flow to properties or facilities outside Pleasant Grove City boundaries must provide wrtieen approval from the federal (if applicable), state, county or municipality or their agents.
4. Property owners are responsible for the protection of channels per the relevant sections of this chapter.
5. Discharges or modifications to the channels require written approval from the canal owners and applicable governing agencies.
C. Building Permit. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this chapter.
D. Exemptions. The following activities are exempt from the permit requirement:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources including activities required to promote public safety, repairs to water lines and/or other city infrastructure repairs.
2. Existing nursery and agricultural operations conducted as a predominant land use.
3. Any agricultural activity that is consistent with an approved farm conservation plan or a management plan prepared or approved by the appropriate federal, state, or city agency.
4. Additions or modifications to existing single family structures.
5. Landscape modifications resulting in disturbances below the limits identified in Section 8-6-8(A).
6. Excavation activities necessary for public purposes approved through the city approval process.
E. Applications for a land disturbance permit.
1. Each application shall include the following:
a. Name of Applicant;
b. Business or residence address of Applicant;
c. Name, address, and telephone number of the owner of the property of record in the office of the Utah County Assessor;
d. Address and legal description of subject property, including the tax reference number and parcel number of the subject property;
e. Name, address, and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan;
f. A statement indicating the nature, extent, and purpose of the land disturbing activity including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity.
2. The Applicant shall obtain, from any other state or federal agency, any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the city engineer from imposing additional development requirements and conditions, commensurate with this chapter, on the development of property covered by those permits.
3. Each application shall be accompanied by:
a. A sediment and erosion control plan; and
b. A storm water management plan providing for storm water management during the land disturbing activity and after the activity has been completed sufficient to handle the design storm events.
4. Each application for a land disturbance permit shall be accompanied by payment of the land disturbance permit and other storm water management fees, as adopted by resolution and found in the city fee schedule.
F. Review and approval of application.
1. The city engineer will review each application for a land use disturbance permit to determine its conformance with the provisions of this chapter. Within fifteen days after receiving an application, the city engineer shall provide one of the following responses in writing:
a. Approval of the permit application;
b. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
c. Denial of the permit application, indicating the reason(s) for the denial.
2. If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer.
No development plans will be released until the land disturbance permit has been approved and all plan review fees are paid in full.
G. Permit Duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty calendar days of issuance, or is not complete within eighteen months from the date of the commencement of construction.
Notice of construction.
The applicant must notify the city public works department ten working days in advance of the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by a city storm drain inspector. All inspections shall be documented and written reports shall be prepared that contain the following information:
a. The date and location of the inspection;
b. Whether construction is in compliance with the approved storm water management plan;
c. Variations from the approved construction specifications;
d. Any violations that exist and remedies the applicant is required to perform.
I. Performance bonds.
1. The city engineer shall require the submittal of a performance security or performance guarantee bond prior to issuance of a permit in order to ensure that the storm water pollution prevention practices are installed by the permit holder as required by the approved storm water pollution prevention plan (SWPPP).
a. The amount of the installation performance security or performance guarantee bond shall be the total estimated construction cost of the structural BMPs approved under the permit, plus any reasonably foreseeable additional related costs.
The performance security shall contain forfeiture provisions for failure to complete work specified in the storm water pollution prevention plan (SWPPP).
The applicant shall provide an itemized construction cost estimate, complete with unit prices, which shall be subject to acceptance, amendment or rejection by the city engineer.
Alternatively, the city engineer shall have the right to calculate the estimates for the cost of construction and review the opinion of probable cost accordingly.
2.The performance security or performance guarantee bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in the state of Utah that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. Completion of all final inspection punch list items and removal of all temporary control measures are also required prerequisites for release of guarantee funds.
3.A city storm drain inspector will make a final inspection of the structural BMP to ensure that it is in compliance with the approved plan and the provision of this chapter. Provisions for a partial pro-rata release of the performance security or performance guarantee bond based on the completion of various development stages may be made at the discretion of the city engineer.
Civil Penalties: The violation of any of the provisions of this chapter shall be punished as follows:
First day warning of violation without actual discharges to the City Storm Drain System is considered a Level I Violation or infraction an is subject to a zero ($0) dollar fine and a Red Tag.
Second day of violation after warning, without actual discharges to the City Storm Drain System is considered a Level I Violation or infraction and is subject to a $100.00 fine.
Third day of violation after warning, without actual discharges to the City Storm Drain System is considered a Level I Violation or infraction and is subject to a $300.00 fine.
If the violation is not corrected after the third day, it shall be elevated to a Level II Violation and follow the penalties as outline below for Level II Violations.
First day of violation WITH illegal discharges to the City Storm Drain System is a Level II Violation or infraction subject to a $500.00 fine.
Second day of violation WITH illegal discharges to the City Storm Drain System is a Level II Violation or Class C misdemeanor and shall be punishable by a fine in a sum not to exceed seven hundred and fifty dollars ($750.00), or by imprisonment for a period of not longer than ninety (90) days, or by both such fine and imprisonment.
Each additional day is an additional Class C misdemeanor up to a maximum of seven (7) days.
After seven (7) days it becomes a Level III Violation or a Class B misdemeanor and shall be punishable by a fine in a sum not to exceed one thousand dollars ($1,000.00), or by imprisonment for a period not longer than six (6) months, or by both such fine and imprisonment.
Each additional day is an additional Class B misdemeanor.
Upon conviction of a violation of any provision of this Chapter, any license previously issued to the violator or for the subject property issued by the City may be revoked by the court or the governing body.
If, as a result of the violation of any provision of this Chapter, the City or any other party suffers damages, fines, incurs investigative or clean-up costs, or is required to make repairs and/or replace any materials, the cost of investigations, fines, repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties.
Repeat offenders (3 or more Level I or greater violations within 24 months) or those with unpaid fines shall be ineligible for the issuance of any permit(s) for a period of one (1) year from the date of the last offense and all fines are paid.
If there are three (3) violations at any level within 24 months, the next violation is automatically escalated by one level.
A person or entity served a notice of violation of any of the provisions of this Title with civil penalties shall have the right to an administrative hearing. A request for such hearing shall be in writing and shall be files, with the City Recorder or their designee within ten (10) days from the date of service of the Notice. Failure to request an administrative hearing shall constitute a waiver of the right to an administrative hearing and a waiver of the right to appeal. Administrative hearings shall adhere to the provisions of _Section 2-4-3 of the Pleasant Grove Municipal Code.
Violators of this Title may be subject to prosecution, fines, and penalties from the State of Utah and the United States EPA. Nothing in this Title shall be interpreted to relieve any person from an obligation to comply with applicable Federal, State, or local laws related to storm water discharge or drinking water protection.
The violation of any of the provisions of this chapter shall be a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. Each day that a violation occurs shall constitute a separate offense.
B. If, as the result of the violation of any provision of this chapter, the city or any other party suffers damages and is required to make repairs and/or replace any materials, the cost of repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties. (Ord. 98-34, 12-15-1998; amd. 2003 Code; Ord. 2020-16, 7-21-2020; Ord. 2020-29, 12-15-2020)
SECTION 2. SEVERABILITY. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any of the remaining sections, paragraphs, sentences, clauses or phases of this Ordinance.
SECTION 3 . EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage and posting as provided by law.
SECTION 4. APPROVED AND ADOPTED by the City Council of Pleasant Grove City, Utah County, Utah, this 7th day of December 2021.
Guy L. Fugal, Mayor
Kathy T. Kresser, MMC
Motion: Council Member _____________________
Second: Council Member _____________________
ROLL CALL Yea Nay Abstain
Mayor Guy L. Fugal _____ _____ _____
Dianna Andersen _____ _____ _____
Brent Bullock _____ _____ _____
Eric Jensen _____ _____ _____
Cyd LeMone _____ _____ _____
Todd Williams _____ _____ _____
CERTIFICATE OF POSTING ORDINANCE
Pleasant Grove City Corporation
I, the duly appointed recorder for the City of Pleasant Grove, hereby certify that a summary of the foregoing Ordinance No. _ was posted on the State ( http://pmn.utah.gov) website on this day
of , 2021.
Dated this day of , 2021.
Kathy T. Kresser, MMC, City Recorder