Chapter 13.15
SURFACE WATER MANAGEMENT
Sections:
13.15.020 Surface water management.
13.15.030 Enforcement—Violation—Penalty.
13.15.010 Definitions.
(1) “Discharge” means any addition of any pollutant or combination of pollutants to waters of the United States, directly or indirectly, by actions of dumping, spilling, disposing, or physically connecting to the municipal storm sewer.
(2) “Excessive sediments” means the detachment and movement of soil, rock fragments, mulch and fill as a result of development activities that cause visual or measurable degradation of surface water quality.
(3) “Illicit discharge” means any discharge to the municipal storm sewer that is not composed entirely of storm water, except discharges pursuant to NPDES permit.
(4) “Municipal storm sewer” means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels, storm drains or disposal wells):
(a) owned or operated by the state, city, district or other public body (created by or pursuant to state law) having jurisdiction over storm water drainage;
(b) designated or used for collecting or conveying storm water;
(c) which is not a combined sewer; and
(d) which is not part of a Publicly Owned Treatment Works (POT) as defined at 40 CFR 122.2.
(5) “National Pollutant Discharge Elimination System (NPDES)” means the federal program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318 and 405 of the Clean Water Act (33 USC § 1251 et seq.), including amendments resulting from the Water Quality Act of 1987.
(6) “Pollutant” means sewage, sludge, filter backwash, heat, biological materials, dredged soil, garbage, solid waste, wrecked or discharged equipment, incinerator residue, chemical wastes, and radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended, 42 USC § 2011 et seq.), that exceeds Water Quality Standards of the State of Oregon.
(7) “Process wastewater” means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, by-product or waste product.
(8) “Significant materials” includes, but not limited to: raw materials; fuels; materials such as solvents, detergents and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designed under section 101 (14) of CERCLE; any chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers, pesticides, herbicides and fungicides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.
(9) “Storm water” means only storm water runoff, snow melt runoff and surface runoff and drainage.
(10) “Waters of the United States (US)” means ponds, lakes, rivers, streams (including intermittent streams or tributaries), wetlands and other water bodies as defined by the Clean Water Act (33 USC § 1251 et seq.).
Statutory Reference: 33 USC § 1251 et seq.
History: Ord. 1217 §1, 1995.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.15.020 Surface water management.
(1) No person, corporation, partnership or property owner shall discharge any “pollutants, excessive sediments or other significant materials” into a municipal storm sewer system, surface water or natural storm water conveyance system which is directly related to any activity occurring on the site.
(2) No person, corporation, partnership or property owner shall connect or maintain an existing connection of a sanitary sewer, septic tank effluent pipe or process wastewater pipe into a municipal storm sewer, unless otherwise permitted by an NPDES permit.
(3) The City Administrator and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, surveillance, monitoring, measurement, sampling and testing of municipal storm sewers.
Statutory Reference: 33 USC § 1251 et seq.
History: Ord. 1217 §1, 1995.
13.15.030 Enforcement—Violation—Penalty.
(1) The City Administrator or designee shall enforce the provisions of this chapter.
(2) Failure to comply with any provision of this chapter is a Class “A” Infraction.
(3) Any person convicted of violating any provision of this chapter may be denied the use of the municipal storm water sewer system until the “illicit discharge” is ceased and corrective action is completed to accomplish the objective of this chapter.
Statutory Reference: 33 USC § 1251 et seq.
History: Ord. 1217 §1, 1995.