Chapter 13.10 ILLICIT DISCHARGES, DETECTION AND ELIMINATION (IDDE)

The purpose and intent of this chapter is to ensure the health, safety, and general welfare of citizens, and protect and enhance the water quality of waterways and water bodies in a manner pursuant to and consistent with the Federal Clean Water Act, Oregon Revised Statutes, Oregon Administrative Rules, and the Oregon Department of Environmental Quality by reducing pollutants in stormwater discharges and by prohibiting nonstormwater discharges to the storm drain system. (Ord. 3159 §1(Exh. A), 2022)

13.10.020 Definitions.

The terms used in this chapter shall have the following meanings:

A. "Bank" means that portion of a waterway that is exposed from the ordinary high water line (OHWL) and extends to upland.

B. "BMP" means best management practices.

C. "City" means the city of Cottage Grove.

D. "Clean Water Act" means the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.

E. "Construction activity" means activities subject to NPDES construction permits. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

F. "Illicit discharge" means any direct or indirect nonstormwater discharge to the storm drain system, except as exempted in Section 13.10.070(C).

G. Illegal Connections. An illegal connection is defined as either of the following: (1) any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any conveyances which 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 a government agency; or (2) any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the city.

H. "National Pollutant Discharge Elimination System (NPDES) stormwater discharge permits" means general, group, and individual stormwater discharge permits which regulate facilities defined in federal NPDES regulations and regulated through the Oregon Department of Environmental Quality.

I. "Nonstormwater discharge" means any discharge to the storm drain system that is not composed entirely of stormwater.

J. "Ordinary high water line" (OHWL) means the line on the bank or shore to which the high water ordinarily rises annually in season. The OHWL excludes exceptionally high water levels caused by large flood events (e.g., one-hundred-year events).

K. "Person responsible" or "responsible person" means any person in actual or constructive possession of a property, including, but not limited to, an owner, lessee, tenant or occupant of property under the person’s dominion, ownership or control, or the person in charge or persons directly or indirectly responsible for an act.

L. "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, articles, 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 (including but not limited to sediments, slurries, and concrete rinsates); and noxious or offensive matter of any kind.

M. "Pollute" or "pollution" means such contamination or other alteration of the physical, chemical, or biological properties of any waters of the state, including change in temperature, taste, color, turbidity, silt, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any water of the state that either by itself or in connection with any other substance present can reasonably be expected to create a public nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare; to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wildlife, fish, other aquatic life or the habitat thereof.

N. "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

O. "Storm drain system" means public facilities under the jurisdiction of the city 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 which are within the city.

P. "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage.

Q. "UIC" means underground injection control. A UIC is a subsurface distribution system for stormwater; usually an assemblage of perforated pipes, drain tiles or other mechanisms intended to distribute fluids below the surface of the ground.

R. "Waters of the state" means lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Pacific Ocean within the territorial limits of the state of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters) that are located wholly or partially within or bordering the state or within its jurisdiction.

S. "Waterway" means a body of water (whether natural or man-made) that periodically or continuously contains waters of the state and has a definite bed and banks that serve to confine the water. (Ord. 3159 §1(Exh. A), 2022)

13.10.030 Applicability.

This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands lying within the city including any amendments or revisions thereto. (Ord. 3159 §1(Exh. A), 2022)

13.10.040 Responsibility for administration.

The public works director of the city, or his/her designee, shall administer, implement, and enforce the provisions of this chapter. (Ord. 3159 §1(Exh. A), 2022)

13.10.050 Regulatory consistency.

This chapter shall be construed to ensure consistency with the requirements of the Clean Water Act, Oregon Revised Statutes, Oregon Administrative Rules, and the Oregon Department of Environmental Quality, and any applicable implementing regulations. (Ord. 3159 §1(Exh. A), 2022)

13.10.060 Ultimate responsibility of discharger.

The standards set forth herein and promulgated pursuant to this chapter are minimum standards. Therefore, this chapter does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the state caused by said person. This chapter shall not create liability on the part of the city, or any agent or employee thereof for any damages that result from any discharger’s reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 3159 §1(Exh. A), 2022)

13.10.070 Prohibition of illicit discharges.

A. No person shall discharge or cause to be discharged into the storm drain system, any UIC, or waterway, 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, other than stormwater. The commencement, conduct or continuance of any such illicit discharge is prohibited, except as described in subsection C of this section, Exceptions.

B. Illicit Discharge Regulations.

1. No responsible person shall discharge, or cause to be discharged, any substance into the city stormwater system if the discharge poses a threat to health, safety, public welfare, or the environment, or is otherwise prohibited by law. The director may withdraw approval to discharge if the director determines that a discharge poses a threat to health, safety, public welfare, or the environment, or is otherwise prohibited by law.

2. No responsible person shall allow an illicit discharge from his or her premises to flow out, on or into a stormwater management system.

3. No responsible person shall place or cause to be placed a substance which is harmful to or has a tendency to clog any city stormwater management system or permit such substance in the control of such person to enter the city stormwater management system.

4. Every establishment or place where prohibited substances may be produced is hereby required to install such necessary catch basin traps or other devices for the purpose of preventing such substance from entering the city sanitary sewer system and/or stormwater management system. Where the director reasonably believes that any such substance may be produced, the director may require any person in charge to furnish, to the city of Cottage Grove, plans prepared by an Oregon registered engineer showing the proposed method of elimination. Such device shall be approved by the director only if tests and subsequent engineering data establish that a desirable standard of removal is produced.

5. No responsible person shall allow stormwater to flow out on or under a public way in a manner that creates a hazard for those lawfully using the public way or that creates a hazard within the city stormwater management system.

6. A person or facility that causes a deposit, obstruction, or causes damage which impairs the public sewer and/or stormwater system is liable for any expense, loss or damage created by the discharge.

7. Failure to comply with this section may be considered a public nuisance and cause for a person in charge to be subject to enforcement procedures set forth in Chapter 8.12. The imposition of a penalty does not relieve a person in charge of the duty to abate the illicit discharge.

C. Exceptions. Discharges from the following activities will not be considered illicit discharges when properly managed to ensure that no potential pollutants are present, and shall not be considered unlawful under this chapter:

1. Lawful discharges from National Pollution Discharge Elimination System permitted industrial sources;

2. Firefighting activities;

3. Water line flushing;

4. Diverted stream flows;

5. Rising groundwater;

6. Natural springs;

7. Flows from riparian habitats and wetlands;

8. Uncontaminated groundwater infiltration;

9. Uncontaminated pumped groundwater;

10. Discharges from potable water sources;

11. Landscape irrigation, irrigation water, lawn watering;

12. Uncontaminated foundation drains, footing drains, water from crawl space pumps;

13. Air conditioning condensation;

14. Individual residential car washing;

15. Dechlorinated swimming pool and/or hot tub discharges;

16. Street wash water.

Prohibition of illicit discharges in this section shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the Oregon Department of Environmental Quality 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 by the city for any discharge to the storm drain system. (Ord. 3159 §1(Exh. A), 2022)

13.10.080 Prohibition of illegal connections.

A. The construction, use, maintenance or continued existence of illegal connections to the storm drain system is prohibited.

B. This prohibition expressly includes, without limitation, illegal connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 3159 §1(Exh. A), 2022)

13.10.090 Waste disposal prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm drain system, UICs, or waters of the state, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. Wastes deposited in proper waste receptacles for the purposes of collection are exempted from this prohibition. (Ord. 3159 §1(Exh. A), 2022)

13.10.100 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Failure to comply with all provisions shall constitute a violation of this chapter. Proof of compliance with said permit may be required in a form acceptable to the public works director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 3159 §1(Exh. A), 2022)

13.10.110 Waterway protection.

Every person owning property through which a waterway passes, or such person’s lessee, shall keep and maintain that part of the waterway within the property free of trash, debris and contamination that would pollute the water flowing through the waterway. (Ord. 3159 §1(Exh. A), 2022)

13.10.120 Requirement to monitor and analyze.

The public works director may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illicit discharges, and/or nonstormwater discharges to the storm drain system, UICs, or waters of the state, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this chapter. (Ord. 3159 §1(Exh. A), 2022)

13.10.130 Illicit discharge procedure.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illicit discharges or pollutants discharging into stormwater, the storm drain system, or waters of the state from said facility, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Upon discovery of any illicit discharge, the responsible person shall immediately notify the public works director or other available city personnel. (Ord. 3159 §1(Exh. A), 2022)

13.10.140 Authority to inspect.

A. Subject to subsection B of this section, whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the public works director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the public works director, or his/her designee, may enter such premises at all times to inspect the same and to inspect and copy records related to stormwater compliance.

B. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek warrant or other assistance from any court of competent jurisdiction in obtaining such entry, including, but not limited to, municipal court warrant. (Ord. 3159 §1(Exh. A), 2022)

13.10.150 Authority to sample.

During any inspection as provided within Section 13.10.140, the public works director, or his/her designee, may take any samples to aid the inspection or to record site activities. (Ord. 3159 §1(Exh. A), 2022)

13.10.160 Notice of violation.

Whenever the public works director, or his/her designee, finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the public works director, or designee, may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illegal connections or illicit discharges;

C. That violating discharges, practices, or operations shall cease and desist;

D. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and

E. The implementation of source control or treatment BMPs supplied by the public works director or his/her designee. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the violation may be declared a public nuisance pursuant to Section 8.12.150, and the work will be done by the city or a contractor designated by the public works director and the expense thereof shall be charged to the violator pursuant to Chapter 8.12, Article VI, Abatement Procedure. (Ord. 3159 §1(Exh. A), 2022)

13.10.170 Abatement by city.

Subject to the requirements of Section 13.10.140(B), if the violation has not been corrected pursuant to the notice of violation, then the city or a contractor designated by the public works director may enter upon the subject private property and may take any and all measures necessary to abate the violation and/or restore the property, pursuant to Chapter 8.12, Article VI, Abatement Procedure. (Ord. 3159 §1(Exh. A), 2022)

13.10.180 Emergency/summary abatement.

Pursuant to Section 8.12.220, the public works director, or his/her designee, is authorized to require immediate abatement of any violation of this chapter that constitutes an immediate threat to the health, safety or well-being of the public. If any such violation is not abated immediately as directed by the public works director, or designee, subject to Section 13.10.140(B), the city is authorized to enter onto private property and to take any and all measures required to remediate the violation. (Ord. 3159 §1(Exh. A), 2022)

13.10.190 Abatement costs.

Any expense related to city abatement shall be fully reimbursed by the property owner and person responsible pursuant to Section 8.12.210. Any relief obtained under this section shall not prevent city from seeking other and further relief authorized under this chapter. (Ord. 3159 §1(Exh. A), 2022)

13.10.200 Charging cost of abatement/liens.

Following completion of any abatement by the city, the public works director will follow the procedure for assessment of costs pursuant to Section 8.12.210. (Ord. 3159 §1(Exh. A), 2022)

13.10.210 Violations.

It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of or failure to comply with any of the requirements of this chapter shall be declared a public nuisance under Section 8.12.150, and subject to abatement as permitted by Sections 8.12.160 through 8.12.220 and/or penalties provided in Sections 8.12.230 and 8.12.240. (Ord. 3159 §1(Exh. A), 2022)

13.10.220 Compensatory action.

In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the public works director may propose alternative compensatory actions, including but not limited to storm drain stenciling, landscaping and cleanup of public parks, rights-of-way, creeks, streams and rivers. (Ord. 3159 §1(Exh. A), 2022)

13.10.230 Notice process.

When required by this chapter, notice shall be pursuant to Section 8.12.160. (Ord. 3159 §1(Exh. A), 2022)

13.10.240 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. 3159 §1(Exh. A), 2022)