Chapter 13.20
STORMWATER MANAGEMENT
Sections:
13.20.040 Request for service, initiation of billing.
13.20.050 Stormwater service charges.
13.20.060 Stormwater service charges – Billing.
13.20.070 Regulations and requirements.
13.20.110 Tampering with system.
13.20.120 Compliance required.
13.20.130 Violation – Penalty.
13.20.010 Findings.
The city council of the city of Dundee finds as follows:
A. The city of Dundee provides a valuable public service by operating and maintaining a stormwater system for the collection and disposal of stormwater and other runoff water discharged from impervious surfaces in the city and from the public rights-of-way within the city. The stormwater system constitutes a public utility owned and operated by the city of Dundee. The utility exists to provide a municipal service in a developed or developing urban environment which is essential to the public health, safety and welfare. The services provided are one step in the city’s efforts to comply with state and federal laws pertaining to stormwater discharges. Effective management of stormwater flow helps keep public rights-of-way free of flooding, thereby improving personal and emergency access for all users of the city’s transportation system and protecting property.
B. Every person that uses property has an obligation to take actions necessary to minimize or eliminate detrimental water quantity and quality impacts on other persons or property that result from such use. One aspect of that obligation is the control of the flow of surface water from the property, if the person’s use includes alteration of the property in any way that increases the flow of surface water from the property.
C. All developed tax lots within the city limits shall be charged rates that recover the cost of operating and improving the stormwater system in the city. Undeveloped tax lots shall not be charged a stormwater fee. Users of property who undertake the installation of facilities on the property that reduce the rate of discharge of runoff into the stormwater system beyond the minimum requirements established pursuant to the improvement design standards as set forth in Chapter 12.04 DMC may, on review and approval of the city engineer, be given credit in proportion to the degree of reduction against stormwater utility charges that would otherwise be due. Accordingly, the structure of the stormwater utility is intended to be a fee for service and not a charge against property. The utility’s rate structure is intended to reflect the actual costs of providing the service to all developable tax lots in the city limits. The actual costs may include all costs the utility might incur were it in private ownership. [Ord. 551-2016 (Exh. A); Ord. 345 § 1, 1997].
13.20.020 Purpose.
The city finds and declares that the lack of effective maintenance, operation, regulation and control, existing stormwater drainage conditions in all drainage basins and subbasins within the city constitute a potential hazard to the health, safety and general welfare of the city. The city council further finds that natural and manmade stormwater facilities and conveyances together constitute a stormwater system and that the effective regulation and control of stormwater can best be accomplished by the city. [Ord. 551-2016 (Exh. A); Ord. 345 § 2, 1997].
13.20.030 Definitions.
“Developed” means an area which has been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area, which affects the hydraulic properties of the location.
“Illicit connection” means any unpermitted connection to the stormwater system or any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the stormwater system.
“Illicit discharge” means any direct or indirect discharge to the stormwater system that is in violation of this chapter.
“Impervious surface” means that hard surface area which either prevents or retards the entry of water into the soil mantle and/or causes water to run off the surface in greater quantities or at an increased rate of flow from that present under natural conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt paving, walkways, patios, driveways, parking lots or storage areas, trafficked gravel, and oiled, macadam or other surfaces which similarly impede the natural infiltration or runoff of stormwater.
“Improved premises” means any area which the city engineer determines has been altered such that the runoff from the site is greater than that which could historically have been expected. “Improved premises” does not include public roads under the jurisdiction of the city, county, state or federal government.
“On-site mitigation facility” means a stormwater drainage facility which prevents the discharge or substantially reduces the discharge of stormwater or nonpoint source pollution into a receiving water or public stormwater system facility.
“Person responsible” means the occupant, lessee, tenant, contract purchaser, owner, agent or other person having possession of property, or if no person is in possession, then the person in control of the use of the property, or in control of the supervision of development on the property.
“Stormwater” means water from precipitation, surface or subterranean water from any source, drainage and nonseptic wastewater.
“Stormwater service” means the operations of the city’s stormwater utility in providing programs and facilities for maintaining, improving, regulating, collecting, and managing stormwater quantity and quality within the city’s service area.
“Stormwater system” means any structure or configuration of ground that is used or by its location becomes a place where stormwater flows or is accumulated, including but not limited to pipes, sewers, curbs, gutters, manholes, catch basins, ponds, creeks, open drainageways and their appurtenances. “Stormwater system” does not include the Willamette River.
“Toxic substances” means any chemical listed as toxic under Section 307(a)(1) of the Federal Clean Water Act (CWA) or Section 313 of Title III of Superfund Amendments and Reauthorization Act (SARA).
“Undeveloped” means any area which has not been altered by grading or filling of the ground surface, or by construction of any improvements or other impervious surface area, which affects the hydraulic properties of the location. [Ord. 551-2016 (Exh. A); Ord. 466-2008 § 1; Ord. 345 § 3, 1997].
13.20.040 Request for service, initiation of billing.
A request for water service constitutes a request for stormwater service and will initiate appropriate billing for stormwater services as established by this chapter. If development of a parcel does not require initiating water service, the creation of an improved premises from which stormwater may be discharged into the public stormwater system shall constitute a request for service and initiate the obligation to pay the fees and charges authorized by this chapter. [Ord. 551-2016 (Exh. A); Ord. 345 § 4, 1997].
13.20.050 Stormwater service charges.
A. Stormwater service fees shall be based on the total impervious surface of developed properties. The average impervious surface area of a single-family residence in Dundee is assumed to be 3,000 square feet.
B. The city council shall by resolution establish fees and charges necessary to provide and operate a stormwater system and service. [Ord. 551-2016 (Exh. A); Ord. 466-2008 § 2; Ord. 345 § 5, 1997].
13.20.060 Stormwater service charges – Billing.
Charges for stormwater service supplied by the city to any customer shall be charged for, billed to, and collected from each such customer in accordance with Chapter 13.04 DMC. [Ord. 551-2016 (Exh. A); Ord. 345 § 6, 1997].
13.20.070 Regulations and requirements.
A. Compliance with NPDES Permits. Any industrial discharger, discharger associated with construction activity, or other discharger subject to any NPDES permit issued by the Oregon DEQ, from which pollutants may enter the stormwater system, shall comply with all provisions of such permits, including notification to and cooperation with local entities as required by federal regulations. Proof of compliance with said permits may be required in a form acceptable to the city engineer prior to issuance of any grading, building, or occupancy permits.
B. Compliance with Federal, State, and Local Regulations. All users of the stormwater system, and any person or entity, whose actions may affect the system, shall comply with all applicable federal, state and local laws. Compliance with the requirements of this chapter shall in no way substitute for or eliminate the necessity for compliance with applicable federal, state and local laws. Any provisions or limitations of this chapter, and any rules adopted pursuant hereto, are superseded and supplemented by any applicable federal, state or local requirements or adopted subsequent hereto which are more stringent than the provisions and limitations contained herein. Any provision of this chapter and rules adopted pursuant hereto which are more stringent than any such applicable federal, state or local requirement shall prevail and shall be the standard for compliance by the connectors to and the discharges to the stormwater system.
C. Accidental Spill Prevention and Notification of Spills. Dischargers who are not required to obtain an NPDES permit; but who handle, store, or use hazardous or toxic substances or discharges prohibited under DMC 13.20.080(C) on their sites; shall prepare and submit to the city engineer an accidental spill prevention plan within 60 days of notification by the city. If other laws or regulations require an accidental spill prevention and control plan, a plan that meets the requirement of those other laws and regulations will satisfy the requirement of this section. As soon as any person in charge of a facility, or responsible for emergency response for a facility, becomes aware of any suspected, confirmed, or unconfirmed release of material, pollutants, or waste creating a risk of discharge to the stormwater system, such persons shall:
1. Begin containment procedures;
2. Notify proper emergency personnel in case of an emergency;
3. Notify appropriate city and/or state officials regarding the nature of the spill;
4. Follow up with the city regarding compliance and modified practices to minimize future spills, as appropriate.
The notification requirements of this section are in addition to any other notification requirements set forth in federal, state, or local regulations and laws. The notification requirements do not relieve the person of necessary remediation.
D. Illicit Connections. The city administrator may require by written notice that a person responsible for an illicit connection to the stormwater system comply with the requirements of this chapter to eliminate the illicit connection or secure approval for the connection by a specified date. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illicit discharge will no longer occur, that person may request approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense.
E. Pollution Remediation. Whenever the city administrator finds that a discharge of pollutants is taking place, or has taken place, which will result in, or has resulted in, pollution of stormwater or the stormwater system, the city administrator may require by written notice to the responsible person that the pollution be remediated and the affected property restored, to the standards established by the city administrator, within a specified time. [Ord. 551-2016 (Exh. A)].
13.20.080 Prohibitions.
A. No person shall cause any pollutant to be discharged to public rights-of-way, the stormwater system, or any waters of the state or cause any pollutant to be placed in a location where such pollutant is likely to escape or be carried into the public rights-of-way, the stormwater system or into the waters of the state. For the purposes of this section, pollutant includes, but is not limited to, any refuse, garbage, litter, yard debris, landscape materials, compost, topsoil, bark, gravel, dirt, sod, sediment-laden runoff from construction or landscaping activities, hazardous materials, or other discarded or abandoned objects, articles, and accumulations.
B. Runoff from commercial or industrial operations or that wash or detail vehicles, engines, transmissions, equipment, interior floors, or parking lots, shall not discharge directly to a stormwater system; this includes, but is not limited to, outdoor commercial, industrial, or business activities that create airborne particulate matter, process by-products or wastes, hazardous materials or fluids from stored vehicles, where runoff from these activities discharges directly or indirectly to a stormwater system.
C. It is unlawful to discharge or cause to be discharged directly or indirectly into the stormwater system any of the following:
1. Any discharge having a visible sheen, or containing floating solids or discoloration (including, but not limited to, dyes and inks);
2. Any discharge having a pH of less than 6.5 or greater than 8.5 or that contains toxic substances;
3. Any discharge which causes or may cause damage, interference, nuisance, or hazard to the stormwater system or the city personnel;
4. Any discharge containing human sanitary waste or animal feces.
D. It is prohibited to establish, use, maintain, or continue illicit connections to the stormwater system, or to commence or continue any illicit discharges to the stormwater system. [Ord. 571-2019 § 1; Ord. 551-2016 (Exh. A)].
13.20.090 On-site mitigation.
A. All on-site mitigation facilities; including stormwater detention, retention, and water quality treatment facilities required by the city; shall be designed and constructed to meet the city of Dundee improvement design standards adopted pursuant to Chapter 12.04 DMC. Except as permitted by the city engineer, on site mitigation facilities shall be located on private property and shall not be located in a public right-of-way or public easement.
B. Prior to connection to the stormwater system, an operation and maintenance plan for an on-site mitigation facility shall require approval by the city engineer. Failure to properly operate or maintain an on-site mitigation facility according to the approved operation and maintenance plan is a violation of this chapter. [Ord. 551-2016 (Exh. A)].
13.20.100 Right of access.
Employees of the city shall be provided access during regular business hours to all parts of the premises that convey, treat or discharge to the city’s stormwater drainage system for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the system is used. Should there be no one available on the premises, notice will be provided to the owner, tenant, occupant or their agent that arrangements must be made to allow the inspection. [Ord. 551-2016 (Exh. A); Ord. 345 § 10, 1997].
13.20.110 Tampering with system.
A. No unauthorized person shall damage, destroy, uncover, deface or tamper with any conduit, structure, appurtenance or equipment which is a part of the stormwater system.
B. The city administrator or administrator’s designee may adopt such rules and regulations as are necessary to protect the stormwater system and the public health, safety and welfare. Violation of said rules or regulations is deemed a violation of this chapter and shall be punished accordingly. [Ord. 551-2016 (Exh. A); Ord. 345 § 11, 1997].
13.20.120 Compliance required.
The provisions of this chapter must be strictly complied with in every instance, and service must be paid for by all premises supplied, according to the rates established by the city council. Exceptions to these provisions shall be made only upon the written authorization of the city administrator or the administrator’s designee. [Ord. 551-2016 (Exh. A); Ord. 345 § 12, 1997].
13.20.130 Violation – Penalty.
Any person, firm or corporation violating any provisions of this chapter shall be subject to a civil penalty of not less than $100.00 nor more than $500.00 for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs or continues. In addition to the above penalty, any person violating any provisions of this chapter shall become liable to the city of Dundee for any expense, loss or damage occasioned by the city by reason of such violation. [Ord. 551-2016 (Exh. A); Ord. 345 § 13, 1997].
13.20.140 Classification.
The city council determines that the fees imposed by this chapter are not taxes subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. [Ord. 551-2016 (Exh. A); Ord. 345 § 14, 1997].