Chapter 8.05
STORM DRAIN PROTECTION
Sections:
8.05.020 Discharge prohibitions.
8.05.025 Compatibility with other regulations.
8.05.030 Designation of public works director or his/her designee.
8.05.035 Ultimate responsibility.
8.05.045 Watercourse protection.
8.05.055 Right of entry--Inspection and sampling.
8.05.065 Low impact development.
8.05.070 Violations, enforcement, and penalties.
8.05.075 Appeal of notice of violation.
8.05.090 Enforcement measures after appeal.
8.05.095 Cost of abatement of the violation.
8.05.100 Violations deemed a public nuisance.
8.05.105 Remedies not exclusive.
Prior legislation: Ord. 1847.
8.05.005 Purpose.
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of Central Point through the regulation of nonstormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user.
B. To prohibit illicit connections and discharges to the MS4.
C. To establish legal authority to carry out all inspections, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter. (Ord. 2056 §1(part), 2019).
8.05.010 Definitions.
For the purposes of this chapter, the following shall mean:
A. “Best management practices (BMPs)” means 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 stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
B. “City” means city of Central Point.
C. “Construction activities” means activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.
D. “Hazardous materials” means any material, including any substance, waste, or combination thereof, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
E. “Illegal discharge” means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section 8.05.020(B).
F. “Illicit connections” are defined as either of the following:
1. Any drain or conveyance, whether on the surface or subsurface that allows an illegal discharge to enter the storm drain system including but not limited to any conveyances that allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency, or
2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.
G. “Municipal separate storm sewer system (MS4)” means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) owned and operated by the city and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage.
H. “Nonstormwater discharge” means any discharge to the storm drain system that is not composed entirely of stormwater.
I. “Person” means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner’s agent.
J. “Pollutant” means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.
K. “Premises” means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
L. “Storm drainage system” means publicly owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.
M. “Stormwater” means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. (Ord. 2056 §1(part), 2019).
8.05.015 Applicability.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the city. (Ord. 2056 §1(part), 2019).
8.05.020 Discharge prohibitions.
A. Prohibition of Illegal Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. Pollutants include, but are not limited to:
1. Septic, sewage, and dumping or disposal of liquids or materials other than stormwater into the MS4;
2. Discharges of washwater resulting from the hosing or cleaning of gas stations, auto repair garages, or other types of automotive services facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of equipment, machinery, or facility, including motor vehicles, cement-related equipment, and port-a-potty servicing, etc.;
4. Discharges of washwater from mobile operations, such as mobile automobile or truck washing, steam cleaning, power washing, and carpet cleaning, etc.;
5. Discharges of washwater from the cleaning or hosing of impervious surfaces in municipal, industrial, commercial, or residential areas (including parking lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas, etc.) where detergents are used and spills or leaks of toxic or hazardous materials have occurred (unless all spilled material has been removed);
6. Discharges of runoff from material storage areas, which contain chemicals, fuels, grease, oil, or other hazardous materials from material storage areas;
7. Discharges of pool or fountain water containing chlorine, biocides, or other chemicals;
8. Discharges of sediment, unhardened concrete, pet waste, vegetation clippings, or other landscape or construction-related wastes;
9. Discharges of trash, paints, stains, resins, or other household hazardous wastes;
10. Discharges of food-related wastes (grease, restaurant kitchen material and trash bin washwater, etc.).
B. Exemptions from Prohibitions. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established by this chapter: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water.
2. Discharges or flow from firefighting, and other discharges specified in writing by the city as being necessary to protect public health and safety.
3. Discharges associated with dye testing, however this activity requires a verbal notification to the city prior to the time of the test.
4. Any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency (EPA); 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. (Ord. 2056 §1(part), 2019).
8.05.025 Compatibility with other regulations.
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (Ord. 2056 §1(part), 2019).
8.05.030 Designation of public works director or his/her designee.
The public works director, or his/her designee, is appointed to administer and implement this chapter and the requirements/restrictions thereof. Any powers granted or duties imposed upon the public works director may be delegated in writing by the director to persons or entities acting in the beneficial interest of or in the employ of the agency. (Ord. 2056 §1(part), 2019).
8.05.035 Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. (Ord. 2056 §1(part), 2019).
8.05.045 Watercourse protection.
Every person owning property through which a watercourse passes, or such person’s lessee or agent, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner, lessee or agent shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 2056 §1(part), 2019).
8.05.055 Right of entry--Inspection and sampling.
Provided the city gives twenty-four-hours’ advance notice, the city shall be permitted to enter and inspect premises subject to regulation under this chapter as often as may be necessary when entrance is deemed by the city to be necessary to determine compliance with this chapter. However, in cases of emergency or ongoing discharge, the city shall be given immediate access.
A. Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
B. The city shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the public works director to conduct monitoring and/or sampling of the facility’s stormwater discharge.
C. The city has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
D. Unreasonable delays in allowing the city access to a permitted facility is a violation of a stormwater discharge permit and of this chapter. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the city reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.
E. The city may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which stormwater is discharged, and (1) is able to demonstrate probable cause to believe that there may be a violation of this chapter, or (2) that there is a need to inspect and/or sample as part of a routine inspection and such sampling program is designed to verify compliance with this chapter or any order issued hereunder, or (3) to protect the overall public health, safety, and welfare of the community. (Ord. 2056 §1(part), 2019).
8.05.060 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices.
The city will adopt requirements identifying best management practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States. The owner or operator of such activity, operation, or facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit. (Ord. 2056 §1(part), 2019).
8.05.065 Low impact development.
A. Low impact development (LID) is a term used to describe a land planning and engineering design approach to manage stormwater runoff as part of green infrastructure. LID emphasizes conservation and use of on-site natural features to protect water quality.
B. Post-Construction Stormwater Development/Management Guidelines. Refer to most current version of the “Rogue Valley Stormwater Quality Design Manual.”
C. Maintenance Agreement. Stormwater treatment practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include:
1. Access to stormwater treatment facilities at the site by the city for the purpose of inspection and repair.
2. A legally binding document specifying the parties responsible for the proper maintenance of the stormwater treatment facilities. The agreement will be recorded and run with the land.
3. For stormwater controls that include vegetation and/or soil permeability, the operation and maintenance manual must include maintenance of these elements to maintain the functionality of the feature.
4. The person responsible for the operation and maintenance of the stormwater facility shall have the operation and maintenance manual on site and available at all times. Records of the maintenance and repairs shall be retained and available for the last five years and available for inspection by the city.
D. Violation of this section shall be subject to the provisions of Section 8.05.070. (Ord. 2056 §1(part), 2019).
8.05.070 Violations, enforcement, and penalties.
A. Violations.
1. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law.
2. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of the abatement as outlined in Section 8.05.095
B. Warning Notice. When the city finds that any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, the city may serve upon that person a written warning notice, specifying the particular violation believed to have occurred and requesting the offender to immediately investigate the matter and to seek a resolution to correct the violation. Investigation and/or resolution of the matter in response to the warning notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the warning notice. Nothing in this subsection shall limit the authority of the city to take any action, including emergency action or any other enforcement action, without first issuing a warning notice. In addition to serving the alleged violator, such warning shall be mailed to the last known address of the owner as shown on the county assessor’s records.
C. Notice of Violation. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the city may order compliance by written notice of violation to the responsible person. In the event the responsible person is someone other than the owner of the property, such notice shall also be mailed to the last known address of the owner as shown on the county assessor records.
The notice of violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the city manager by filing a written notice of appeal within ten days of service of notice of violation; and
7. A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator and assessed as a lien against the property.
Such notice may require without limitation:
8. The performance of monitoring, analyses, and reporting;
9. The elimination of illicit connections or discharges;
10. That violating discharges, practices, or operations shall cease and desist;
11. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and
12. The implementation of source control or treatment BMPs.
D. Stop Work Order. When the city finds that construction activity has resulted in violations of any provision of this chapter or any order issued hereunder, or that the person’s past violations are likely to recur, the city may issue a stop work order to such person, directing such person committing the alleged violations to stop work immediately and directing that no further work be performed until compliance with this chapter is demonstrated.
E. Emergency Cease and Desist Orders. When the city finds that any person has violated, or continues to violate, any provision of this chapter or any order issued hereunder, or that the person’s past violations are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or waters of the state which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the city may issue an order to the violator directing it immediately to cease and desist all such violations.
F. Suspension Due to Illicit Discharges in Emergency Situations. The city may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or waters of the state. If the violator fails to comply with a suspension order issued in an emergency, the city may take such steps as it deems necessary to prevent or minimize damage to the MS4 or waters of the state.
G. Suspension Due to the Detection of Illicit Discharge. Any person discharging to the MS4 in violation of this chapter may have its MS4 access suspended if such suspension would abate or reduce an illicit discharge. The city will notify the violator of the proposed suspension of its MS4 access. The person may petition the city for reconsideration and hearing as provided in Section 8.05.075. A person commits an offense if the violator reinstates MS4 access to premises suspended pursuant to this chapter, without the prior approval of the city. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the public works director. (Ord. 2056 §1(part), 2019).
8.05.075 Appeal of notice of violation.
Any person receiving a notice of violation or suspension of permit may appeal to the city manager for relief within ten days after service of notice. The petition shall include the facts upon which the petitioner relies for relief from the obligations of this chapter in relation to the property. If the city manager finds that it would work a real and unnecessary hardship upon the petitioner to comply with the terms of this chapter, then the city manager may relieve the petitioner of the obligations of the chapter in relation to the particular property, but nothing therein shall be construed as obligating the city to remove or abate the nuisance without charging the cost as a lien against the said property. (Ord. 2056 §1(part), 2019).
8.05.085 Civil penalties.
For each violation of this chapter a civil penalty may be assessed in the amount of up to five hundred dollars per stormwater feature, not to exceed one thousand dollars per day. Each day a violation exists shall be considered a separate violation. The city shall consider the following criteria in determining the amount of any civil penalty to be assessed under this section:
A. Amount of pollutant discharged.
B. The type of pollutant discharged.
C. Whether the discharge was intentional or accidental.
D. The magnitude and seriousness of the impact of the discharge. (Ord. 2056 §1(part), 2019).
8.05.090 Enforcement measures after appeal.
If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within ten days of the decision of the city manager upholding the decision of the public works director, then representatives of the public works director shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 2056 §1(part), 2019).
8.05.095 Cost of abatement of the violation.
A. Within fifteen calendar days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The notice will provide that the costs of abatement, including administrative costs, is a special assessment against the property and will become a lien against the property unless paid within sixty days of the date of such notice. The property owner may file a written protest objecting to the amount of the assessment within thirty days from the date of notice. Objections to the proposed assessment shall be heard and determined by the council in its regular course of business.
B. An assessment for the cost of abatement as determined by the council shall be made by resolution of the council and shall thereupon be entered in the docket of city liens and, upon such entry being made, it shall constitute a lien upon the property from which the illicit discharge was abated.
C. The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of six percent per year. Such interest shall commence to run thirty days after the entry of the lien in the lien docket.
D. An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property. (Ord. 2056 §1(part), 2019).
8.05.100 Violations deemed a public nuisance.
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. (Ord. 2056 §1(part), 2019).
8.05.105 Remedies not exclusive.
The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies.
The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. (Ord. 2056 §1(part), 2019).
8.05.110 Severability.
The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. (Ord. 2056 §1(part), 2019).