CHAPTER 55: PRIVATELY OWNED BEST MANAGEMENT PRACTICES

Section

   55.001   Administration

   55.002   Definitions

   55.003   Regulations

   55.004   Alterations

   55.005   Right of entry; inspection and sampling

   55.006   Enforcement and penalty

§ 55.001 ADMINISTRATION.

   Except as herein provided, the department of public works shall be charged with the administration of this chapter.

(Ord. 9-17, passed 1-10-2017)

§ 55.002 DEFINITIONS.

   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   BEST MANAGEMENT PRACTICES (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants, directly or indirectly, to the municipal stormwater system or waters of the state. BMPs include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. BMPs include structural BMPs such as permanent detention or retention ponds constructed to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize pollution in the municipal stormwater system and/or waters of the state.

   DISCHARGE. An addition of any pollutants or combination of pollutants to the municipal stormwater system or waters of the state.

   MUNICIPAL STORMWATER SYSTEM. The city's conveyance or system of stormwater conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains.

   OWNER. A person who owns, leases, operates, controls, or supervises real property on which a structural BMP is located or who is responsible for control of a facility required to use BMPs.

   POLLUTANT. Substances listed in the definition of pollutant in SDCL 34-2-2 and which are discharged into the municipal stormwater system or waters of the state.

   WATERS OF THE STATE. Waters within the jurisdiction of the state as defined in SDCL 34A-2-2.

(Ord. 9-17, passed 1-10-2017)

§ 55.003 REGULATIONS.

   Permanent structural and/or nonstructural BMPs shall be implemented to control and minimize stormwater runoff rates and volumes and to prevent, control, and minimize stormwater pollutants as required in this Chapter.

   (a)   It is a violation for any owner to improperly construct or operate or fail to maintain the proper function of privately owned structural BMPs. Maintenance activities include, but are not limited to, removing trash and debris, reseeding, mowing, pest control, removing sediment accumulation, removing vegetation, replacing filter media, and repairing eroded areas.

   (b)   It is a violation for any owner to place or deposit debris, yard waste, garbage, or other materials that are incompatible with BMPs (e.g., toys, sports equipment, decorative materials) in BMPs, or permit such items to be deposited in any manner on privately owned structural BMPs.

   (c)   The owner shall immediately notify the public works department of any discharge of a pollutant, debris, yard waste, garbage, excessive sediment, or materials incompatible with BMPs, including from a privately owned BMP, into the municipal storm water drainage system, when such discharge causes or is likely to cause obstruction of stormwater inlets, impairment of the flow of stormwater in city conveyances such as streets or gutters, or release of debris or chemical or biological materials into the municipal stormwater system. This notification shall include the location of the discharge, type of pollutant, concentration and volume, if known, and corrective actions taken by the owner. The owner shall document and submit to the public works department all pertinent information.

   (d)   In the case of any physical failure, including, but not limited to, structural, equipment, or media failure (e.g., failure of BMP fixtures including, but not limited to, screens, riprap, aerators, design features, and fences) of a privately owned structural BMP that may cause pollutants to enter the municipal stormwater system, the owner shall immediately notify the public works department of the incident. This notification shall include the location failure, type and extent of the failure, if known, and corrective actions taken by the owner. The owner shall document and submit to the public works department all pertinent information.

   If privately owned BMPs are constructed, operated, and/or maintained in a manner that results in discharge of pollutants to the city's storm water drainage system, the director of public works may require the owner to implement additional structural and/or nonstructural BMPs to prevent the further discharge of pollutants to the storm water drainage system.

(Ord. 9-17, passed 1-10-2017)

§ 55.004 ALTERATIONS.

   Alteration of a BMP could significantly change the treatment capability. Therefore, the owner shall notify the public works department at least 30 days in advance of any significant alterations to or breach of privately owned BMPs, including any removal, replacement, reconstruction, or increase or decrease in surface area or acre-feet of storage of more than 5 percent.

(Ord. 9-17, passed 1-10-2017)