930.01 Definitions.
930.02 General.
930.03 General requirements and prohibitions.
930.04 Illicit connections.
930.05 Outdoor storage areas.
930.06 Construction sites.
930.07 Discharge of pollutants.
930.08 Discharge in violation of permit.
930.09 Notification of spills.
930.10 Construction.
930.11 Stormwater taps.
930.12 Enforcement.
930.13 New development/re-development stormwater management, sediment and erosion control, and comprehensive drainage plans.
930.14 Drainage system standards.
930.15 Plan submission and review process.
930.16 Maintenance of stormwater facilities.
930.17 Inspection.
930.18 Sampling.
930.19 Testing and monitoring.
930.20 Concealment.
930.21 Acts resulting in violation of Federal Clean Water Act.
930.22 Violations.
930.23 Industrial or construction activity discharges.
930.24 Notification of spills.
930.25 Administrative enforcement powers.
930.26 Penalties.
930.27 Nonexclusivity of remedies.
930.28 Appeal.
930.29 Disclaimer of liability.
930.30 Severability.
Unless the contents specifically indicates otherwise, the meaning of the terms used herein shall be as follows:
(a) "Adverse Impact" means any deleterious effect on waters or wetlands, including their quality, quantity, surface area, species composition, aesthetics or usefulness for human or natural uses which are or may potentially be harmful or injurious to human health, welfare, safety or property, to biological productivity, diversity, or stability or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation.
(b) "Applicant" means any person, firm, or governmental agency that executes the necessary forms to procure official approval of a project or a permit to carry out construction of a project.
(c) "Agricultural land management activities" means those methods and procedures used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.
(d) "Best Management Practices (BMPs)" are physical, structural and/or managerial practices that, when used singly or in combination, control site fun-off, spillage and leaks, waste disposal and drainage from raw material storage and prevent or reduce the discharge of pollutants directly or indirectly to waters of the state. BMPs may include schedules of activities, prohibition of practices, design standards, educational activities and treatment requirements.
(e) "Board" shall be the Winfield MS4 Stormwater Board appointed by the Mayor as approved by City of Winfield Council, to plan and implement the "Best Management Practices" for the City of Winfield and designated watershed area.
(f) "City watershed" is designated areas within the corporate limits of the City of Winfield and areas outside of those limits, over which surface water drains into the City. Designation of areas, including those areas outside of the corporate limits of the City of Winfield, shall be made by the Director, City Council, or Board.
(g) "Contiguous" means sharing a boundary or edge.
(h) "Director" shall be the responsible person or persons appointed by the Winfield MS4 Stormwater Board to oversee the regulation of stormwater management, surface water discharge and erosion control.
(i) "Design manual" means the adopted design manual incorporated by reference that serves as the official adopted guide for Stormwater management and Erosion Control principles, methods, practices and designs.
(j) "Detention Structure" means a permanent structure for the storage of runoff, which is designed so as not to create a permanent pool of water.
(k) "Direct Discharge" means the release of waters or stormwater to watercourses in the City of Winfield Watershed or waters of the State or wetlands of the same.
(l) "Drainage area means that area, contributing runoff to a single point measured in a horizontal plane, which is enclosed by a ridgeline, or other line of demarcation so designated.
(m) "Easement" means a grant or reservation by the owner of land for the use of such land by others for a specific purpose or purposes.
(n) "Facility" for the purposes of this Article is a building, structure, installation or construction site in which pollutants are produced and/or generated as a result of a process or processes, conducted within or upon the building, structure, installation, or site.
(o) "Flat rate charge" is the charge applicable to a single-family dwelling per dwelling unit.
(p) "Footing drain" is a pipe or conduit which is placed around the perimeter of a building foundation or other structures for the purpose of admitting groundwater.
(q) "Grading" means any act by which soil is cleared, stripped, stockpiled, excavated, scarified, finned, or any combination thereof.
(r) "Illicit connection" means any physical connection to a publicly maintained storm drain system which has not been allowed by the City of Winfield from the date of the enactment of this ordinance.
(s) "Illicit discharge" means any discharge to a storm drain or into the stormwater collection system that is not composed entirely of stormwater, except discharges pursuant to a NPDES permit, discharges resulting from firefighting activities, and other discharges exempted in this Article.
(t) "Impervious area" is land area covered by buildings, pavement, gravel or other material that significantly inhibits stormwater from penetrating the soil.
(u) "Industrial sites" are those sites that contain industrial activities which require NPDES stormwater permits as set forth in 40 CFR 122.26(a)(6) or (b) 14.
(v) "Multi-unit property" is a residential, non-residential or commercial property of any size that has located upon the property two or residential or business occupants or tenants.
(w) "MS4" means Municipal Separate Stormwater Systems
(x) "Non-stormwater" is all flows to the stormwater system not defined as stormwater by this Article or as determined by the municipality. This includes, but is not limited to, cooling water, process water, ground water from a purge well and swimming pool discharge.
(y) "NPDES (National Pollutant Discharge Elimination System) Permit" is established under section 402(p) of the Clean Water Act by the United States Congress to establish regulations of stormwater discharges for municipalities with Separate Storm Sewer Systems (MS4s)
(z) "Pervious area" is all land area that is not impervious.
(aa) "Pollutant" means objects including, but not limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, grease, petroleum products, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, silt, dirt, industrial, municipal and agricultural waste, gasses entrained in water, paints, oil and other automotive fluids, soil, rubbish, debris, materials containing fecal coliform, fecal streptococcus, and enterococcus, heavy metals, hazardous wastes, yard waste from commercial landscaping operations, animal waste, materials that result from the process of building, and offensive matter of any kind, which, when discharged to water, cause or contribute to water pollution.
(bb) "Pollution" is the degradation of the physical, thermal, chemical, biological or radioactive properties of the waters of the state and/or the discharge of any pollutant to the waters of the state which will or is likely to create a nuisance or to render such waters harmful, detrimental or injurious to public health, safety or welfare or to the beneficial use of the water and/or the water environment.
(cc) "Redevelopment" means any reconstruction, alteration, or improvement of land disturbance performed on any site or modification to an existing property that requires or would require a building permit under existing ordinances.
(dd) "Retention structure" means a permanent structure that provides for the storage of runoff by means of a permanent pool for water.
(ee) "Retrofitting" means the construction of a structural BMP in a previously developed area, the modification of an existing structural BMP, or the implementation of a nonstructural practice to improve water quality over current conditions.
(ff) "Sediment" means soils or other surface materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.
(gg) "Site" means any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land or any portions thereof, which may be contiguous or noncontiguous and in one ownership, and are contiguous or noncontiguous and in diverse ownership, and where development, land disturbance, redevelopment, retrofitting, or any modification or disturbance so designated by the City, is to be performed.
(hh) "Stormwater" is atmospheric precipitation, surface runoff water, groundwater discharge, water from operation of the water distribution system, water used in fire fighting, runoff from street sweeping, flows from footing drains and all other discharge sources identified in the City of Winfield stormwater NPDES permit, except as may be defined as non-stormwater by this Article.
(ii) "Stormwater management" is the process of collection, conveyance, storage, treatment and disposal of stormwater to ensure control of the magnitude and frequency of runoff to minimize the impact of the runoff upon the water quality of the receiving stream and other hazards associated with flooding.
(jj) "Stormwater service charge" is a flat rate charge, a charge based on land area, and/or a non-stormwater user charge.
(kk) "Stormwater Management Plan" and "Erosion Control Plan" (SWMP & ECP) means that set of documents, maps, drawings, or other documents submitted by an Individual, Landowner, Developer, Homeowner, Homeowner Association, or their Assigns or by their Authority to the appropriate agencies in order to obtain a Stormwater NPDES Permit and that contains all the requisite information and specifications to obtain such permit(s).
(ll) "Stormwater system" is public and private stormwater sewers, drains, ditches, streets, retention/detention ponds, dams, stream conveyances, river impoundments and flood control facilities used for collecting and transporting stormwater and non-stormwater within the City's watershed.
(mm) "User" is a firm, person or property which is the legal owner or occupant of a property that directly or indirectly contributes stormwater or non-stormwater flows to the stormwater system, whether within or outside the corporate limits of the City of Winfield.
(nn) "Variance" means the modification of the minimum Stormwater Management and Erosion Control requirements for the specific circumstances such that strict adherence to the requirements would result in unnecessary hardship and not fulfill the intent of the Ordinance.
(oo) "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash-in and including any adjacent area that is subject to inundation from overflow or floodwater.
(pp) "Watershed" means the total drainage area that has been designated to have contribution runoff to a single point.
(Ord. 2016-2017-7. Passed 1-10-17.)
(a) This article has been enacted to protect and enhance the water quality of our watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with the Clean Water Act and associated federal and state stormwater regulations.
(b) The intent of this article is:
(1) To control non-stormwater discharges to storm drain systems.
(2) To reduce pollutants in stormwater discharges
(3) To control stormwater runoff by providing design, construction, and maintenance criteria for permanent and temporary stormwater facilities.
(4) To maintain and improve the stormwater collection system in order to protect and improve water quality in the receiving streams and to reduce or eliminate local flooding resulting from stormwater accumulation.
(5) To fully comply with federal and state statutory and regulatory requirements and schedules regarding stormwater management and the water quality of the receiving streams.
(c) This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted.
(d) The City shall administer, implement and enforce the duties imposed by this Article. Said duties may further be delegated to other entities acting in compliance with applicable ordinances. (Ord. 2016-2017-7. Passed 1-10-17.)
(a) The use of the stormwater collection system shall be the collection and transportation of stormwater.
(b) No person(s), individuals(s), landowners(s), developers(s), operators(s) or their assigns(s) shall place or cause to be placed any pollutant into the stormwater system other than stormwater, unless written approval has been granted by the Director. The Director may refuse to grant approval to discharge non-stormwater into the stormwater system for any reason or combination of reasons.
(c) No person(s), individual(s), landowner(s), developer(s), operator(s) or their assign(s) shall be allowed to develop or engage in land disturbing activities of any kind, on any lot, tract, parcel of land, or any portion thereof for residential, commercial, industrial, or institutional development, redevelopment, addition or modification without obtaining and providing the appropriate permits, including, but not limited to NPDES, Public Lands Corporation, Army Corps of Engineers, Stormwater management and Erosion Control Plan, or any/all documents, notices, agreements, bonds, or permits required by the City of Winfield, Putnam County, or the State of West Virginia to manage stormwater or any/all other land disturbing activities regulated by the City, County, or State.
(d) The City of Winfield shall administer use of the stormwater system to all users within the City watershed, weather located within or outside City limits.
(e) No person shall cause or permit the introduction of any pollutant into the stormwater system, whether solid, liquid or gaseous, that will cause:
(1) Chemical reaction, either directly or indirectly with the materials of construction used in the stormwater system or that will impair the strength or durability of sewers or structures;
(2) Mechanical action that will destroy or damage sewers or structures;
(3) Restriction of the normal maintenance and inspection of sewers.
(4) Danger to public health and safety or to the environment;
(5) Conditions that create a public nuisance;
(6) An oil sheen or unusual color, other than non-toxic dye testing allowed by the Director for detection of illicit connections or locating connection within the storm system;
(7) Abnormal demand on the stormwater system capacity; or,
(8) The stormwater system to violate its NPDES permit or applicable receiving water standards and all other Federal, State, and local regulations.
(f) Any person or entity engaged in activities which will or may result in pollutants entering the storm drain system shall undertake best management practices to reduce such pollutants. Examples of such activities include, but are not limited to, ownership and/or operation of facilities that may be a source of pollutants, such as paved parking lots, gasoline stations, industrial facilities, and private roads/streets.
(g) No person shall throw, deposit, leave, maintain or cause to be thrown, deposited, left or maintained any refuse, rubbish, garbage, grease, petroleum products, yard waste including grass clippings and leaves, or other discarded or abandoned objects, articles and accumulations in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any private or public plot of land so that the same might become a pollutant, except where the pollutant is being temporarily stored, in properly contained waste receptacles or is part of a well defined compost system.
(h) No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structure, or upon any public or private plot of land in the urban watershed.
(i) No person shall use the stormwater system for discharge from any environmental cleanup that is regulated under federal or state law unless approved by the Director. Approval by the Director must be conditioned upon the discharge meeting all criteria for discharge under this chapter. Approval conditions may provide for measures appropriate to prevent harm due to possible exfiltration into the ground adjacent to the system or failure of any pretreatment system for the discharge. (Ord. 2016-2017-7. Passed 1-10-17.)
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