Chapter 8.14
STORM DRAIN PROTECTION
Sections:
8.14.030 Land owner responsibility.
8.14.040 Designation of public works director or his/her designee.
8.14.010 Definitions.
For the purpose of this chapter, the following definitions apply:
A. “Construction” includes, but is not limited to, constructing any of the following: a building, an addition to a building, grading, subdivision, landscaping, sidewalks, or driveways, irrespective of size.
B. “Contaminant” means any substance or material such as, but not limited to, oil, gasoline, antifreeze, animal waste, lawn and yard fertilizers, defoliants, paint, or chemicals intended for insect control, that could cause harm, or otherwise have an adverse effect on the city’s storm drain system or waters (surface or ground) within the Little Butte Creek watershed.
C. “Debris” means any foreign material such as, but not limited to, trackout, sediment from erosion, landscaping supplies, lawn clippings, leaves, brush, tree trimmings, household trash, litter, and concrete.
D. “DEQ” means Oregon Department of Environmental Quality.
E. “Erosion control permit” means the city of Eagle Point erosion control permit.
F. “Landscaping” means the process of arranging soil, trees, shrubs, grass, irrigation systems, or other commonly used landscaping materials on a piece of property. For this chapter, landscaping does not include routine lawn or yard maintenance such as grass mowing.
G. “Little Butte Creek” means the geographic area where water naturally flows to Little Butte Creek.
H. “MS4” means municipal separate storm sewer system (MS4).
I. “NPDES” means the National Pollutant Discharge Elimination System.
J. “Responsible party” means any person who has the ability to contact the property owner or his/her representative. Usually a job superintendent or lead worker.
K. “Storm drain system” means the system of pipes, manholes, curbs, gutters, curb inlets, catch basins, canals, ditches, detention basins, ponds and streams intended to convey stormwater runoff.
L. “TMDL” means the Rogue River Basin Total Maximum Daily Load program.
M. “Trackout” means the tracking of mud, soil, debris, or contaminant onto any street, alley, sidewalk, or public way. [Ord. 2018-13 § 1 (Exh. A)].
8.14.020 General.
A. The Oregon Department of Environmental Quality’s (DEQ) Rogue River Basin Total Maximum Daily Load (TMDL) program and the National Pollutant Discharge Elimination System (NPDES) municipal separate storm sewer system (MS4) require storm drain protection.
B. A city of Eagle Point erosion control permit is required for all residential construction projects, and for all construction projects that meet the criteria established by the Oregon Department of Environmental Quality’s for a NPDES 1200 C permit.
C. For construction projects that meet the criteria for the Oregon Department of Environmental Quality’s NPDES 1200 C permit, erosion control plans will be reviewed and approved by the city engineer with the civil engineering plans, and include erosion control measures.
D. The city of Eagle Point erosion control permit will be reviewed and approved concurrently with each building permit or grading permit issued by the building department.
E. Erosion control measures as approved shall be in place prior to any earthwork being performed, and shall be maintained for the duration of the project. [Ord. 2018-13 § 1 (Exh. A)].
8.14.030 Land owner responsibility.
A. No person shall, intentionally or unintentionally, wash, sweep, push, dump or otherwise allow any debris, water contaminant, or potential water contaminant to enter the city’s storm drain system.
B. Any person or persons who cause or allow any type of construction to take place on his or her property shall be responsible for the prevention of any debris, contaminant or potential contaminant from entering the city’s storm drain system, and shall adhere to and abide by the guidelines for erosion control and sediment prevention, as described in the city of Eagle Point standard details for public works, and/or the Oregon Department of Environmental Quality’s 1200 C permit.
C. No person or persons shall allow any debris, contaminant, or potential contaminant from accumulating on any city street, alley, sidewalk, or public way adjacent to his/her property, to an extent that said debris, contaminant, or potential contaminant, if allowed to enter the city’s storm drain system, could cause a disruption to the proper functioning of the city storm drain system, necessitate cleaning of any portion of the city storm drain system, or pose a threat to water quality in Little Butte Creek. [Ord. 2018-13 § 1 (Exh. A)].
8.14.040 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. [Ord. 2018-13 § 1 (Exh. A)].
8.14.050 Abatement.
A. In the event that enforcement should become necessary, the public works director, or his/her designee, shall make a reasonable effort to contact the property owner or other responsible party and notify him/her of the infraction. If neither the property owner nor other responsible party can be reached, the public works director, or his/her designee, shall make all necessary arrangements to correct the infraction(s) at the property owner’s expense.
B. The property owner shall be given sufficient time, as determined by the public works director, or his/her designee, to correct any infractions. Should the property owner fail to correct the infraction(s) in the allotted time he/she will be subject to possible fine, work stoppage, and reimbursement, to the city, of all costs associated with correcting the infraction. [Ord. 2018-13 § 1 (Exh. A)].
8.14.060 Penalty.
Violation of the terms of this chapter shall be punishable under the general penalty ordinance of Chapter 1.20 EPMC. [Ord. 2018-13 § 1 (Exh. A)].