Chapter 4.40
ILLICIT DISCHARGE AND EROSION CONTROL ADMINISTRATION AND ENFORCEMENT
Sections:
4.40.040 Responsibility of administration.
4.40.060 Ultimate responsibility.
4.40.090 Erosion control on construction sites.
4.40.110 Basic storm water management design criteria.
4.40.120 Notification of spills.
4.40.130 Enforcement, violation and penalties.
4.40.010 Purpose.
The purpose of this chapter is to protect the health, safety and welfare of Syracuse City and its inhabitants by improving the City’s storm sewer system, managing and controlling storm water run-off, protecting property, preventing polluted water from entering the City’s storm water system and other receiving waters to the maximum extent practicable as required by federal and state law. The objectives of this chapter are:
(A) To regulate the contribution of pollutants to the City’s storm sewer system by storm water discharges by any user;
(B) To prohibit illicit connections and discharges to the City storm water system;
(C) To guide, regulate and control the design, construction, use, and maintenance of any development or other activity that results in the movement of earth on land within the City;
(D) To minimize increases in non-point source pollution caused by storm water runoff from development which would otherwise degrade local water quality;
(E) To reduce the amount of storm water run-off, soil erosion and non-point source pollution, wherever possible, through storm water management controls and to ensure that these management controls are properly maintained and pose no threat to public safety;
(F) To establish a viable and fair method of financing the construction management, operation and maintenance of the storm sewer system;
(G) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this chapter; and
(H) To establish a penalty procedure for violation(s) of this code. [Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-010.]
4.40.020 Definitions.
For the purposes of this chapter, the following shall mean:
“Authorized enforcement agency” means the City Public Works Director (PWD) and/or any individual designated by the PWD as an authorized enforcement agent designated to enforce this chapter.
“Berm” means an earthen mound used to direct the flow of runoff around or through a structure.
“Best management practices (BMPs)” includes schedules of activities, prohibitions of practices, maintenance procedures, design standards, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly into the waters of the United States. BMPs also include treatment requirements, operating procedures, educational activities, and practices to control plant site runoff spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
“City” means Syracuse City, Davis County, Utah, with associated jurisdiction.
“City storm water activity permit” means a City required permit, issued to any person or business that intends to disturb more than one acre of property or less than one acre if the property is part of a common plan of development.
“Clean Water Act” means the federal Water Pollution Control Act enacted by Public Law 92-500 as amended by Public Laws 95-217, 95-576, 96-483, and 97-117, enacted at 33 U.S.C. Section 1251 et seq., and any subsequent amendments thereto.
“Common plan of development” means an individual building lot that is smaller than one acre situated inside a designated subdivision that is one acre or larger.
“Construction activity” means activities subject to the National Pollutant Discharge Elimination System (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.
“Conveyance system” means any channel or pipe for collecting and directing the storm water.
“Culvert” means a covered channel or large diameter pipe that directs water flow below the ground surface.
“Degradation (biological or chemical)” means the breakdown of chemical compounds into simpler substances, usually less harmful than the original compound, as with the degradation of a persistent pesticide.
“Degradation (geological)” means wearing down by erosion.
“Degradation (water)” means the lowering of the water quality of a water course by an increase in the amount of pollutant(s).
Detention. Storm water detention is temporary storage of a storm water runoff volume for subsequent release. Examples include detention basins, underground vaults, tanks or pipes, as well as temporary detention in parking lots, depressed grassy areas, etc.
“Detention basin” means a depression to detain or slow down the flow of storm water until downstream facilities have sufficient flow capacity to handle the flow. A detention basin consists of an inlet, an outlet, the storage basin itself, and piping between. The intent of the design of the basin and its improvements are that it is to be designed and improved in such a way as to be an asset to the neighborhood and community.
“Development” means any manmade change to the land, including but not limited to site preparation, filling, grading, paving, excavation, and construction of building(s) or other structures.
“Dike” means an embankment to confine or control water, often built along the banks of a river to prevent overflow of lowlands; a levee.
“Discharge” means the release of storm water or other substance from a conveyance system or storage container.
“Disturb” means to alter the physical condition, natural terrain, or vegetation of land by clearing, grubbing, excavating, filling, building, or other construction activity.
“Drain inlet” means a point of discharge into a detention or retention basin, or pipe system, or ditch or channel.
“Drain outlet” means a point of exit from a detention or retention basin, or pipe system, or ditch or channel.
“Drainage” refers to the collection, conveyance, containment, and/or discharge of surface and storm water runoff.
“Erosion” means the wearing away of land surface by wind, water, ice, gravity, or mechanical processes, including vehicular traffic. Erosion occurs naturally from weather or runoff but can be intensified by land-clearing practices related to farming, residential or industrial development, road building, clearing of vegetation, or recreational activities including OHV use, hiking, equestrian, etc.
“Fill” means a deposit of earth material placed by artificial means.
“First flush” means the delivery of a disproportionately large load of pollutants during the early part of storms due to the rapid runoff of accumulated pollutants.
“General permit” means a federal, or state permit issued under the NPDES to allow storm water discharges to waters of the United States.
“General state construction storm water permit” means a state-required permit issued to any person or business that intends to disturb more than one acre of property.
“Grading” means the cutting and/or filling of the land surface to a desired slope or elevation.
“Hazardous waste” means byproducts of society that can pose a substantial or potential hazard to human health or the environment when improperly managed. Possesses, at least, one of four characteristics (flammable, corrosivity, reactivity, or toxicity), or appears on special Environmental Protection Agency (EPA) lists.
“Heavy metals” means metals of high specific gravity, present in municipal and industrial wastes, that pose long-term environmental hazards. Such metals include cadmium, chromium, cobalt, copper, lead, mercury, nickel, and zinc.
“Illegal discharge” means any direct or indirect non-storm water discharge to the storm drain system, except discharges from emergency fire fighting activities and other discharges exempted in this chapter.
“Illicit connection” means any physical connection to a publicly maintained storm drain system allowing discharge of non-storm water which has not been permitted by the public entity responsible for the operation and maintenance of the system.
“Impervious surface” means a surface which prevents or retards the penetration of water into the ground including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of storm water.
“Individual permit” means a permit issued under the NPDES program for a specific facility, whereby the unique characteristics of that facility may be addressed through the imposition of special conditions or requirements.
“Infiltration” means the downward movement of water from the surface to the subsoil. The infiltration capacity is expressed in terms of inches/hour.
“Ingress/egress” means the points of access to and from a property.
“Inlet” means an entrance into a ditch, storm sewer, or other waterway.
“Land-disturbing activity” means a human-induced change by way of construction to improved or unimproved land.
“Low impact development (LID)” means natural or structural systems that use or mimic natural processes to promote infiltration, evapotranspiration, or reuse of storm water as close to its source as possible to protect water quality and aquatic habitat.
“Mulch” means a natural or artificial layer of plant residue or other materials covering the land surface which conserves moisture, holds soil in place, aids in establishing plant cover, and minimizes temperature fluctuations.
“Municipal separate storm sewer system (MS4)” means a municipally owned and operated storm water collection system that consists of any or all of the following: curb and gutter, drainage swales, piping, ditches, canals, detention basins, inlet boxes, or any other system used to convey storm water that discharges into canals, ditches, streams, or lakes not owned and operated by the City.
“Nonpoint source” means pollution caused by diffuse sources (not a single location such as a pipe) such as agricultural or urban runoff.
“Notice of intent (NOI)” means the storm water permit required by the state.
“Notice of termination (NOT)” means the closing out of an active permit issued by the state or the City.
“Off site” means any area lying upstream of the site that drains onto the site and any area lying downstream of the site to which the site drains.
“On site” means the entire property that includes the proposed development.
“Outfall” means the point, location, or structure where wastewater or drainage discharges from a pipe, ditch, or other conveyance to a receiving body of water.
“Plat” means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, or other divisions and dedications.
“Point source” means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, platform, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged.
“Pollutant” means, generally, any substance introduced into the environment that adversely affects the usefulness of a resource. 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, 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.
“Public Works Department” shall be the Syracuse City Public Works Department.
“Receiving waters” means bodies of water or surface water systems that receive water from upstream constructed (or natural) systems.
“Retention” means the holding of runoff in a basin without release except by means of evaporation, infiltration, or emergency bypass.
“Retention basin” means a depression in the land designed to retain water from flowing downstream. A retention basin does not allow for any downstream flow, other than overland if the capacity of the basin is exceeded. Such a facility allows only for the storage of a fixed amount of water, and is not normally allowed within the City’s storm drain system.
“Riparian” means a relatively narrow strip of land that borders a stream or river.
“Riprap” means a combination of large stones, cobbles and boulders used to line channels, stabilize banks, reduce runoff velocities, or filter out sediment.
“Run-on” means storm water surface flow or other surface flow which enters property other than that where it originated.
“Runoff” means that part of precipitation, snow melt, or irrigation water that runs off the land into streams or other surface water. It can carry pollutants from the air and land into the receiving waters.
“Sedimentation” means the process of depositing soil particles, clays, sands, or other sediments that were picked up by runoff.
“Sheet flow” means runoff which flows over the ground surface as a thin, even layer, not concentrated in a channel.
“Source control” means a practice or structural measure to prevent pollutants from entering storm water runoff or other environmental media.
“Stabilization” means the proper placing, grading and/or covering of soil, rock, or earth to ensure its resistance to erosion, sliding, or other movement.
“Storm drain” means a slotted opening leading to an underground pipe or open ditch for carrying surface runoff.
“Storm drain system” means a system of surface and underground conveyance, consisting of curb and gutter, street surface, inlet and clean-out boxes, piping, open channels and detention basins, ditches, channels, storm drains, owned and operated by the City or private owners, which is designed and used to convey or collect storm water.
“Storm water” means rainfall runoff, snow melt runoff, and drainage. It excludes infiltration.
“Storm water activity permit (SWAP)” means a storm water permit required by the City to track construction activities relative to managing clean storm water using best management practices.
“Storm water pollution prevention plan” means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, storm water conveyance systems, and/or receiving waters. This plan must be prepared prior to obtaining a general state or county construction storm water permit.
“Swale” means an elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swales direct storm water flows into primarily drainage channels and allow some of the storm water to infiltrate into the ground surface.
“Treatment control BMP” means a BMP that is intended to remove pollutants from storm water.
“UPDES (Utah Pollutant Discharge Elimination System)” means the EPA’s program to control the discharge of pollutants to waters of the United States. This is regulated through a UPDES permit issued by the Utah Department of Environmental Quality, Division of Water Quality.
“Waters of the state” means surface waters and ground waters within the boundaries of the state of Utah and subject to its jurisdiction.
“Waters of the United States” means surface watercourses and water bodies as defined in Title 40 Part 122.2 of the Code of Federal Regulations (CFR) including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry storm water at and during all times and seasons.
“Wetlands” means an area that is regularly saturated by surface or ground water and subsequently characterized by a prevalence of vegetation that is adapted for life in saturated soil conditions. Examples include, but are not limited to, swamps, bogs, marshes, and estuaries. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-020.]
4.40.030 Applicability.
This chapter shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. [Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-030.]
4.40.040 Responsibility of administration.
The Syracuse City Public Works Department shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of Public Works to persons or entities acting in the beneficial interest of or in the employ of the agency. [Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-040.]
4.40.050 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. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-050.]
4.40.060 Ultimate responsibility.
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. [Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-060.]
4.40.070 Prohibitions.
(A) No vehicle shall be driven or moved on any street, highway or other public place unless such vehicle is so constructed, loaded or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, except that sand or other substances may be dropped for the purpose of securing traction, or water or other substances may be sprinkled on a roadway in cleaning or maintaining such roadway for the travel of the general public.
(B) No vehicle loaded with garbage, waste paper, ashes, refuse, trash, rubbish, waste, wire, paper, cartons, boxes, glass, solid waste, scrap metal, or any other material of an unsanitary nature that is susceptible to blowing or bouncing from a moving vehicle shall be driven or moved on any street or other public place unless the load is covered with a sufficient cover to prevent the load or any part of the load from spilling onto the street or other public place.
(C) No person shall operate any vehicle so as to track or drop mud, stones, dirt, concrete, gravel or other similar material onto public streets by construction or delivery vehicles. It shall be the duty of the driver of a vehicle who unlawfully drops or deposits mud, stones, concrete, gravel or other similar material or permits the load or any portion thereof to be dropped or deposited upon any street or other public place to immediately remove the same or cause it to be removed. It shall be the duty of the driver of any vehicle to clean the tires and vehicle undercarriage of dirt or debris before the vehicle enters onto a paved surface public right-of-way.
(D) No person shall discharge waste concrete or concrete truck rinse water except into pre-approved discharge facilities or designated areas. Dumping of excess concrete shall not be allowed.
(E) Stockpile construction of yard improvement materials or debris in the street or in the gutter unless being stored in a self-contained storage unit that has been pre-approved by the Public Works Department. This includes, but is not limited to, ramps being constructed for temporary access across the existing curb and gutter; stockpiling of topsoil or other fill material; stockpiling of sand, gravel, landscape rock, bark, mulch or any other material that may be considered a source of pollution to the storm water system. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-070.]
4.40.080 Illicit discharges.
No person shall discharge or cause to be discharged into the City storm drain system or watercourses 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 storm water.
(A) The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows:
(1) Water line flushing or other potable water sources;
(2) Landscape irrigation or lawn watering;
(3) Diverted stream flows;
(4) Rising ground water;
(5) Ground water infiltration to storm drains;
(6) Uncontaminated pumped ground water;
(7) Foundation or footing drains (not connected to floor drains);
(8) Crawl space sump pumps;
(9) Air conditioning condensation;
(10) Springs;
(11) Noncommercial washing of vehicles;
(12) Natural riparian habitat or wetland flows;
(13) Swimming pools (if dechlorinated – typically less than one PPM chlorine);
(14) Emergency fire fighting activities, and any other water source not containing pollutants;
(15) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety.
(B) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test.
(C) The prohibition shall not apply to any nonstorm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered 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 for any discharge to the storm drain system.
(D) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. This prohibition also expressly includes, without limitation, connections of sanitary sewer lines to the MS4. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-080.]
4.40.090 Erosion control on construction sites.
(A) City Storm Water Activity Permit.
(1) Any person or business responsible for disturbing one acre or more of ground in part (as a common plan of development) or in whole, shall obtain a City storm water activity permit from the Syracuse City Public Works Department. Syracuse City will comply with the requirements for the Clean Water Act Phase II, and all other state and federal regulations. This is to include applications, permits, plans and implementation. No person shall be granted a storm water activity permit for land disturbance that would require the uncovering of one acre or more without the approval of a storm water pollution prevention plan by the Syracuse City Public Works Department.
(a) Syracuse City Storm Water Activity Permit. This permit can be obtained from the City Public Works Department with building permits or with the subdivision approval prior to the preconstruction meeting for the proposed development. All projects and sites with a total plan to affect one acre or greater of land disturbance or is a part of a common plan of development must apply. Additionally, before connecting to an existing storm drain system (ditches, pipes, catch basin, boxes, manholes, etc.) the developer/contractor shall obtain a storm water activity permit from the City Public Works Department. All basins shall be calculated, designed and stamped by a licensed professional engineer. Any appropriate fees must be paid.
(b) Utah Pollution Discharge Elimination System (UPDES) Permit. This permit is filed with the Utah Division of Water Quality, Department of Environmental Quality. The permit can be obtained from the Internet at: http://waterquality.utah.gov/updes/stormwater.htm. All sites with a total plan to affect one acre or greater than one acre of land disturbance must apply. Sites that are smaller than one acre, but are a part of an overall development that is larger than one acre shall obtain the UPDES Common Plan Permit. The appropriate fee must be paid to the state. A storm water pollution prevention plan (SWPPP) or erosion control plan or pollution prevention plan must be prepared and on site for this application. A minimum requirement for approval is possession of an active BMP plan for the proposed project.
(c) Stream Alteration Permit. A stream alteration permit is filed with the state Department of Natural Resources, Division of Water Rights. This permit overlaps the 404 wetlands permit because it is applicable to the area equal to the stream plus two times the bankfull width up to 30 feet. Any modifications to the stream or banks within this area must comply with the stream alteration permit.
(d) EPA 404 Wetlands Permit. This permit is filed with the U.S. Army Corps of Engineers. It is applicable for all wetlands within a development. This will apply to all wetlands depending upon the presence of water, soils type, and vegetation as determined in a wetlands delineation report. All “waters of the U.S.” are affected to the normal high water mark. No fee is typically required for this permit. A letter of nonregulated wetlands may be applicable. Any mitigation that may be required must be done prior to recording a final plat.
(e) Fugitive Dust Control Plan. All construction sites that disturb land that is one-quarter acre or larger shall obtain a permit from the Utah Division of Air Quality.
(2) Each City storm water activity permit application shall bear the name and address of the owner or developer of the site, and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at such firm and shall be accompanied by a filing fee established by resolution of the City Council.
(3) The applicant must also obtain a general state construction storm water permit from the Department of Environmental Quality, Division of Water Quality.
(4) A City storm water activity permit is not required for the following activities:
(a) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.
(b) Existing nursery and agricultural operations conducted as a permitted main or accessory use.
(B) Application Review Fees. The fee for review of the construction storm water permit shall be based on the amount of land to be disturbed at the site. The deposit for storm water activity permits shall be required on all projects disturbing one acre or greater. The fee structure shall be established from time to time by resolution of the Syracuse City Council. All of the monetary fees shall be credited to a local budgetary category to support local plan review, inspection and program administration, and shall be made prior to the issuance of any building permit or construction activity for the development.
(C) Storm Water Pollution Prevention Plan (SWPPP).
(1) A storm water pollution prevention plan shall be required with all permit applications and will include sufficient information (e.g., maps, hydrologic calculations, etc.) to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing storm water generated at the project site. The intent of this planning process is to determine the type of storm water management measures necessary for the proposed project, and ensure adequate planning for management of storm water runoff from future development. The storm water pollution prevention plan shall be prepared in accordance with a checklist provided by the Public Works Department.
(2) For development or redevelopment occurring on a previously developed site, an applicant shall be required to include within the storm water pollution prevention plan measures for controlling existing storm water runoff discharges from the site in accordance with the standards of this chapter to the maximum extent practicable.
(D) Review and Approval.
(1) The Public Works Department will review each application to determine its conformance with the provisions of this regulation. Within 30 days after receiving an application, the Public Works Department shall, in writing:
(a) Approve the permit application;
(b) Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or
(c) Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission.
(2) Failure of the Public Works Department to act on an original or revised application within the specified time period shall authorize the applicant to proceed with the plans as filed unless such time is extended by agreement between the applicant and the Public Works Department.
(E) Inspection. Construction shall not begin until an initial inspection of the BMP installations on the site have been installed and approved by the City. Routine field inspections for construction shall be conducted monthly at a minimum by the Syracuse City Public Works Department, the City Ordinance Enforcement Officer or other designated agent as outlined in the inspection form provided by the Public Works Department. A final inspection shall be performed when the site is at least 70 percent stabilized. Any outstanding items indicated on the final inspection form shall be complete prior to issuance of a notice of termination (NOT). Any deposit collected may be refunded after the NOT is complete and the site is cleaned with BMPs removed and drainages cleared. All or part of the deposit may be retained by the City for work performed by the City to remove BMPs and clean the site.
(F) Access to Property. Syracuse City employees and authorized agents have the authority to enter private property, excluding private dwellings, to inspect sites, provide maintenance, repair and replace infrastructure, operate facilities, mark utilities, verify illicit connections and illicit discharges to ensure systems are protected, clean, and functioning properly. Advanced notice should be provided by City officials as reasonable under the circumstances prior to attempted entry. If entry to property for which there exists a reasonable expectation of privacy is denied by the owner or a person who manages the site, then officials may apply for a warrant to enter the property, unless exigent circumstances make a warrantless entry reasonable.
(G) As Built Plans. All applicants are required to submit actual “as built” plans for any storm water management practices located on site after final construction is completed. The plan must show the final design specifications for all storm water management facilities and must be certified by a professional engineer. A final inspection by the Syracuse Off-Site Improvement Inspector and the Public Works Department is required before the release of any performance securities can occur. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 08-02 § 18; Ord. 06-06 § 1; Code 1971 § 4-08-090.]
4.40.100 Post construction.
Unless judged by the Syracuse City Public Works Department to be exempt, the following performance criteria shall be addressed for storm water management at all sites:
(A) All site designs shall establish storm water management practices to control the peak flow rates. Transmission pipes shall be designed to accommodate a 10-year, one-hour storm, and regional detention basins shall be designed to facilitate a 100-year, one-hour storm, with a 0.2 cfs per acre discharge. These practices should seek to utilize pervious areas for storm water treatment and to infiltrate storm water runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity.
(B) All storm water runoff generated from new development shall not discharge untreated storm water directly into a jurisdictional wetland or waters of the state without adequate treatment. In no case shall the impact on functional values be any greater than that allowed by the Army Corps of Engineers (ACE) or the Department of Environmental Quality (DEQ) responsible for natural resources.
(C) Annual groundwater recharge rates shall be maintained by promoting infiltration through the use of structural and nonstructural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge from predevelopment site conditions.
(D) Storm water discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional performance criteria, or may need to utilize or restrict certain storm water management practices.
(E) Storm water discharges from land uses or activities with higher potential pollutant loadings, known as “hotspots,” may require the use of specific structural BMPs and pollution prevention practices. Oil separators shall be required on all sites greater than one acre identified as “hotspots,” such as commercial land use sites, parking areas other than residential, mechanic shops, fuel stations, or associated parking areas. Oil separators must be capable of removing particulates down to 150 microns. Design and sizing requirements of oil separators shall be stamped by a professional engineer and reviewed by the City Engineer prior to installation. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-100.]
4.40.110 Basic storm water management design criteria.
(A) Site Design Feasibility. Storm water management practices for a site shall be chosen based on the physical conditions of the site. Among the factors that should be considered:
(1) Topography.
(2) Maximum drainage area.
(3) Depth to water table.
(4) Soils.
(5) Slopes.
(6) Ground cover.
(7) Location in relation to environmentally sensitive features or ultra-urban areas.
(B) Conveyance Issues. All storm water management practices shall be designed to convey storm water to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to:
(1) Maximizing of flow paths from inflow points to outflow points.
(2) Protection of inlet and outfall structures.
(3) Elimination of erosive flow velocities.
(4) Providing of under drain systems, where applicable.
(C) Low impact development (LID) techniques shall be considered in developments. This includes consideration for storm water retention on site at the eightieth percentile storm event. Each development shall submit a storm water quality report completed and stamped by a licensed engineer to determine if conditions on the site can accommodate retention and what level of retention is necessary. Any storm water that is not retained shall be detained prior to discharging storm water from the site into storm conveyances or, with approval of the City Engineer, shall be conveyed by pipe the entire length from the development to the floodplain elevation. Any new storm drain outfalls to the floodplain must be approved by the City Engineer. Detention basins and piping shall be designed as follows:
(1) Storm water conveyance pipe at 10-year design standard.
(2) Detention basin capacity at 100-year design standard.
Local storm drain pipes and inlet structures shall be designed to convey the storm waters of a 10-year event totally within an underground pipe system. The storm water piping shall handle the 10-year event. All storm water calculations for detention shall be detailed to show that the entire area in consideration shall meet the requirement of 0.2 cfs discharge per acre developed. Some areas may be more restrictive based upon outfall capacities. Any storm water in excess of this requirement shall be detained.
(D) Farmer-Fletcher rainfall distribution is used to determine the storm calculations for Syracuse City.
(E) Detention Basin Construction and Design Criteria.
(1) The location of the basin shall be such that convenient access for maintenance is possible. This generally means that local access is available to a dedicated roadway; any easements are provided by the owner of the property in question. In addition, volume in adjacent swales or ditches shall not be considered a portion of the storage system.
(2) The side slopes to all basins shall not exceed 3:1 (three horizontal feet to one foot vertical elevation rise) slope, with 4.5:1 being desirable, for the ease of maintenance and mowing.
(3) The bottom slope shall be designed to prevent permanent stagnation of water, and shall be minimum of two percent from inlet to outlet. The City may request additional low flow elimination remedies during the subdivision warranty period if stagnation of nuisance water occurs.
(4) The basin freeboard shall be a minimum of one foot (top of berm or surface to high water mark of overflow outlet).
(5) The spillway shall be designed to overflow onto a City street or other channel with the capacity to contain and carry the overflow to an approved outlet. Said path to either a street or channel shall be within a maintained area, improved to allow flows without erosion, and within a drainage easement. All spillways shall be designed to protect adjacent embankments, structures or properties, and shall not present flooding potential to adjacent structures or homes.
(6) The outlet control for all small, localized basins may have fixed, size-calculated orifice plates, capable of being replaced if necessary, mounted on the outlet of the basin, as approved by the City Engineer. Large, regional basins shall be designed to have either fixed or screw-type gates installed to allow for adjustment by City personnel, if necessary. The screw-gates shall be Waterman C-10 O.A.E. or City Engineer approved equal.
(7) All grates shall be designed with hot-dipped galvanized (not painted) metal grates, with bars at spacing to prevent or prohibit children’s feet from falling in the structure, and still avoiding clogging with debris. Bar spacing shall never exceed three inches in any direction.
(8) Low flows shall be considered in low impact development techniques, but shall not create a health and safety risk to the public.
(9) The finish ground cover shall be either lawn sod or other landscaping, unless an alternate is approved by the City Council. A minimum four inches of top soil shall be installed prior to the area being sodded. If an alternate of weed barrier geo-textile fabric and cobbles is approved by the City Council, a minimum size of six-inch cobble rock is required.
(10) Basins shall be designed to allow vehicle access for maintenance by City personnel.
(F) Maintenance Agreements. All storm water treatment facilities that exist on privately owned property shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement shall be signed prior to construction.
(1) This agreement will include any and all maintenance easements required to access and inspect the storm water treatment practices, and to perform routine maintenance as necessary to ensure proper functioning of the storm water treatment facility. The agreement shall include provisions allowing for access and inspections on a reasonable basis. In addition, a legally binding covenant specifying the parties responsible for the proper maintenance of all storm water treatment facilities shall be secured prior to issuance of any permits for land disturbance activities.
(2) If a responsible party fails or refuses to meet the requirements of the maintenance agreement, the Public Works Department, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the Public Works Department shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have 30 days to effect maintenance and repair of the facility in an approved manner. After proper notice, the Public Works Department may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property, and may be placed on the tax bill and collected as ordinary taxes by the county assessor.
(G) Nongravity Discharge. Any lift stations, sump pumps or other facilities designed to cause storm water to move to higher elevations shall not be dedicated or accepted by the City. The City shall have no responsibility to own, operate, maintain or replace such facilities. Any such facilities shall be owned, operated, maintained, and annually inspected through a public special service district. For single lot subdivisions or individual site plans, any such facilities shall be owned, operated, and maintained privately. [Ord. 20-03 § 1 (Exh. A); Ord. 18-18 § 1 (Exh. A); Ord. 16-07 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-110.]
4.40.120 Notification of spills.
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 illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the authorized enforcement agency in person or by phone or email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Syracuse City Public Works Department, within three business days of the notice. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-120.]
4.40.130 Enforcement, violation and penalties.
(A) Stop Work Order. In the event that any person holding a City storm water activity permit pursuant to this chapter violates the terms of the permit or impedes site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Public Works Department may suspend or revoke construction activities, such that no work on storm water infrastructure shall be performed or approved.
(B) Violation and Penalties. Whenever the Public Works Department finds that a person has violated a prohibition or failed to meet a requirement of this chapter, the Syracuse City Public Works Department may order compliance by written notice of violation to the responsible person. Such notice may require, without limitation:
(1) The performance of monitoring, analyses, and reporting;
(2) The elimination of illicit connections or discharges;
(3) That violating discharges, practices, or operations shall cease and desist;
(4) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
(5) Payment of a fine to cover administrative and remediation costs; and
(6) The implementation of source control or treatment BMPs.
Any person violating any of the provisions of this chapter shall be deemed guilty of a Class B misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted shall constitute a separate offense. [Ord. 18-18 § 1 (Exh. A); Ord. 12-07 § 1 (Exh. A); Ord. 06-06 § 1; Code 1971 § 4-08-130.]