Chapter 13.30
ILLICIT DISCHARGE AND EROSION CONTROL
Sections:
13.30.010 Purpose.
13.30.020 Applicability.
13.30.030 Responsibility of administration.
13.30.040 Ultimate responsibility.
13.30.050 Prohibitions.
13.30.060 Illicit discharges.
13.30.070 Permits for construction sites one acre or larger.
13.30.080 Waiver.
13.30.090 Fee in lieu of storm water management practices.
13.30.100 Dedication of land.
13.30.110 Review and approval.
13.30.120 Storm water management concept plan.
13.30.130 Inspection.
13.30.140 As-built plans.
13.30.150 Post-construction.
13.30.160 Basic storm water management design criteria.
13.30.170 Enforcement – Stop work order – Revocation of permit.
13.30.180 Violation and penalties.
13.30.010 Purpose.
The purpose of this chapter is to protect the health, safety, and welfare of citizens by improving the city’s storm system, managing and controlling storm water runoff, protecting property, preventing polluted water from entering the city’s storm water system and other receiving waters to the extent practicable as required by federal and state law. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the municipal separate storm sewer system (the system) by storm water discharges by any user.
B. To prohibit illicit connections and discharges to the system.
C. To guide, regulate, and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within West Point City.
D. To minimize increases in nonpoint source pollution caused by storm water runoff from development which would otherwise degrade local water quality.
E. To reduce storm water runoff rates and volumes, soil erosion and nonpoint source pollution, wherever feasible, through storm water management controls and ensure that these management controls are properly maintained and reduce threats to public safety.
F. To establish legal authority to carry out all inspections, surveillance, and monitoring procedures to ensure compliance with this chapter. [Code 2000 § 9-3a-1].
13.30.020 Applicability.
This chapter shall apply to all water entering the storm system generated on any developed and undeveloped lands, unless explicitly exempted by this chapter. [Code 2000 § 9-3a-2].
13.30.030 Responsibility of administration.
The city engineer shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the city engineer. [Code 2000 § 9-3a-3].
13.30.040 Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards. This chapter does not imply that compliance by any person will ensure that there will be no contamination, pollution, and/or unauthorized discharge of pollutants. [Code 2000 § 9-3a-4].
13.30.050 Prohibitions.
It is unlawful for any person to:
A. Track mud or sediment onto public streets by construction or delivery vehicles. Provisions shall be made at all construction sites to either clean the streets or clean the vehicles or both before vehicles leave the site.
B. To wash out concrete trucks at all sites other than pre-approved designated areas. Dumping of excess concrete shall not be allowed.
C. To stockpile construction or yard improvement materials or debris in the street or in the gutter unless being stored on a pallet or in a self-contained storage unit that has been pre-approved by the city engineer. This includes, but is not limited to, ramps being constructed for temporary access across the existing curb and gutter; stockpiling of topsoil or other fill material; stockpiling of sand, gravel, landscape rock, bark, mulch, or any other material that may be considered a source of pollution in the storm water system. [Code 2000 § 9-3a-5].
13.30.060 Illicit discharges.
No person shall discharge or cause to be discharged into the city’s storm system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards.
A. The commencement, conduct, or continuance of any illegal discharge to the storm system is prohibited except as described as follows:
1. Water line flushing or other potable water sources.
2. Landscape and agricultural irrigation or lawn watering.
3. Diverted stream flows.
4. Rising ground water.
5. Ground water infiltration to storm drains.
6. Uncontaminated pumped ground water.
7. Foundation or footing drains (not including active ground water de-watering systems).
8. Crawl space pumps.
9. Air conditioning condensation.
10. Springs.
11. Noncommercial washing of vehicles.
12. Natural riparian habitat or wetland flows.
13. Swimming pools (if de-chlorinated, typically less than one part per million chlorine).
14. Firefighting activities, and any other water source not containing pollutants.
15. Discharges specified in writing by the city as being necessary to protect the public’s health, safety, and welfare.
B. Dye testing is an allowable discharge, but requires a verbal notification to the city prior to the time of the test.
C. The prohibition shall not apply to any nonstorm water discharge permitted under an UPDES permit, waiver, or water 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 storm drain system.
D. 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 the connection. This prohibition also expressly includes, without limitation, connections of sanitary sewer lines to the system. [Code 2000 § 9-3a-6].
13.30.070 Permits for construction sites one acre or larger.
A. No person shall be granted a site development permit for land-disturbing activity that would require the uncovering of one acre or more without the approval by the city engineer of an erosion and sediment control plan.
B. Individuals not exempted from this requirement, as provided in subsection (C) of this section, shall include as part of the project’s cost estimate and escrow, bond, or otherwise secure funds necessary to cover all costs associated with compliance, as determined and approved by the city engineer.
C. The following activities are exempted from this requirement:
1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
2. Existing nursery and agricultural operations conducted as a permitted main or accessory use. [Code 2000 § 9-3a-7].
13.30.080 Waiver.
Every permit applicant whose project falls within the parameters of this chapter shall provide for storm water management as required by this chapter unless a written request is filed to waive this requirement. Requests to waive the storm water management plan requirements shall be submitted to the city engineer.
A. The minimum requirements for storm water management may be waived in whole or in part upon written request of the applicant; provided, that at least one of the following conditions applies:
1. It can be demonstrated that the proposed development is not likely to impair attainment of this chapter’s objectives.
2. Alternative minimum requirements for on-site management of storm water discharges have been established in a storm water management plan that has been approved by the city engineer.
3. Provisions are made to manage storm water by an off-site facility. The off-site facility is required to be in place, to be designed, and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the storm water practice.
4. The city engineer finds that meeting the minimum on-site management requirements is impractical and/or infeasible due to the natural or existing physical characteristics of a site.
5. Nonstructural practices will be used on the site that reduce:
a. The generation of storm water from the site;
b. The size and cost of storm water storage; and
c. The pollutants generated at the site.
B. In instances where one of the conditions put forth in subsection (A) of this section applies, the city engineer may grant a waiver from strict compliance with these storm water management provisions, as long as acceptable mitigation measures are provided. Notwithstanding this provision, the applicant must demonstrate to the satisfaction of the city engineer that the variance will not result in any of the following impacts to downstream waterways:
1. Deterioration of existing culverts, bridges, dams, and other structures;
2. Degradation of biological functions or habitat;
3. Accelerated stream bank or streambed erosion or siltation;
4. Increased threat of flood damage to public health, life, and/or property.
C. Where compliance with minimum requirements for storm water management is waived, the applicant will satisfy the minimum requirements by meeting one of the mitigation measures selected by the city engineer. Mitigation measures may include, but are not limited to, the following:
1. The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or revegetation. These lands should be located adjacent to the stream corridor in order to provide permanent buffer areas and protect water quality and aquatic habitat;
2. The creation of a storm water management facility or other drainage improvements on previously developed properties, public or private, that currently lack storm water management facilities designed and constructed in accordance with the purposes and standards of this chapter.
3. Monetary contributions (fee-in-lieu) to fund storm water management activities. [Code 2000 § 9-3a-8].
13.30.090 Fee in lieu of storm water management practices.
Where the city engineer waives all or part of the minimum storm water management requirements, or where the waiver is based on the provision of adequate storm water facilities provided downstream of the proposed development, the applicant may be required to pay a fee in an amount as determined by the city engineer. This fee shall be established as part of the city fee schedule and shall be based on the cubic feet of storage required for storm water management relative to the development in question. All fees shall be paid by the developer to the city prior to the issuance of any building permit. [Code 2000 § 9-3a-9].
13.30.100 Dedication of land.
In lieu of a monetary contribution, an applicant may obtain a waiver by entering into an agreement with the city for the granting of an easement or the dedication of land by the applicant. This land shall be used for the construction of off-site storm water management facilities. The agreement shall be entered into by the applicant and the city prior to the recording of plats or issuance of building permits. [Code 2000 § 9-3a-10].
13.30.110 Review and approval.
The city engineer will review each application to determine its conformance with the provisions of this chapter. Within 30 days after receiving an application, the city engineer shall, in writing:
A. Approve the permit application;
B. Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation and issue the permit subject to these conditions; or
C. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission. [Code 2000 § 9-3a-11].
13.30.120 Storm water management concept plan.
A. A storm water management concept plan shall be required with all permit applications and will include sufficient information to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. This plan shall be prepared in accordance with a checklist provided by the city engineer.
B. For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the plan measures for controlling existing storm water runoff discharges from the site. [Code 2000 § 9-3a-12].
13.30.130 Inspection.
Field inspection shall be conducted by the city engineer or other designated agent of the city. [Code 2000 § 9-3a-13].
13.30.140 As-built plans.
All applicants are required to submit actual as-built plans for any storm water management practices located on site after final construction is complete. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer. A final inspection by the city engineer or other city agent is required before the release of any performance securities. [Code 2000 § 9-3a-14].
13.30.150 Post-construction.
Unless exempted or granted a waiver, the following performance criteria shall be addressed at all sites:
A. All site designs shall establish storm water management practices to control the peak flow rates of storm water discharge associated with specified design storms and reduce the generation of storm water. These practices should seek to utilize previous areas for storm water treatment and to infiltrate storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum degree feasible.
B. All storm water runoff generated from new development shall not discharge untreated storm water directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functional values shall be assessed using a method acceptable to the city engineer. In no case shall the impact on functional values be any less than allowed by the Army Corp of Engineers (ACE) or the Department of Environmental Quality (DEQ) responsible for natural resources.
C. Storm water discharges to critical areas with sensitive resources may be subject to additional performance criteria or may need to utilize or restrict certain storm water management practices.
D. Storm water discharges from land uses or activities with higher potential pollutant loadings, known as hotspots, may require the use of specific structural BMPs and pollution prevention practices.
E. Prior to design, applicants are required to consult with the city engineer to determine if they are subject to additional storm water design requirements. [Code 2000 § 9-3a-15].
13.30.160 Basic storm water management design criteria.
A. Site Design Feasibility. Storm water management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered are the following:
1. Topography;
2. Maximum drainage area;
3. Depth to water table;
4. Soils;
5. Slopes;
6. Terrain;
7. Head;
8. Location in relation to environmentally sensitive features or ultra-urban areas.
B. Conveyance Issues. All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction of flow velocities. This shall include, but not be limited to, the following:
1. Maximizing of flow paths from inflow points to outflow points.
2. Protection of inlet and outfall structures.
3. Elimination of erosive flow velocities.
4. Providing of under-drain systems, where applicable.
C. Landscaping Plans Required. All storm water management practices must have a landscaping plan detailing both the vegetation to be in the practice and how and who will manage and maintain this vegetation.
D. Maintenance Agreements. All storm water treatment practices on privately owned and operated facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed.
1. This agreement shall include any and all maintenance easements required to access and inspect the storm water treatment practices and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment practice. The agreement shall include provisions allowing for access and inspections on a reasonable basis. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment practices shall be secured prior to issuance of any permits for land disturbance activities.
2. If a responsible party fails or refuses to meet the requirements of the maintenance covenant, the city engineer, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public health and safety, the city engineer shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the city engineer may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county. [Code 2000 § 9-3a-16].
13.30.170 Enforcement – Stop work order – Revocation of permit.
In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implants site development in such a manner as to materially and adversely affect the health, safety, and welfare of persons residing or working in the neighborhood or development site, so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city engineer may suspend or revoke the site development permit. [Code 2000 § 9-3a-17].
13.30.180 Violation and penalties.
Whenever the city engineer finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
A. The performance of monitoring, analysis, and reporting;
B. The elimination of illicit connections or discharges;
C. The cessation of violating discharges, practices, or operations;
D. The abatement of remediation of storm water pollution or contamination hazards and the restoration of any affected property;
E. Payment of a fine to cover administrative and/or remediative costs;
F. The implementation of source control or treatment BMPs.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. [Code 2000 § 9-3a-18].