ARTICLE I. IN GENERAL
26-1 Purpose and authority.
(a) This chapter is adopted pursuant to 24 V.S.A. § 2291, subsection (14), and §§ 48 (6), 48 (21), 48 (23), 48 (56), 48 (59), 48 (61), 222, 225, 248 of the Burlington Charter. Its provisions shall be civil ordinances within the meaning of 24 V.S.A. Chapter 59, in order to establish charges, rules and regulations for the control and operation of the municipal water pollution control department, and the charges, rules and regulations herein established are enacted for such purpose.
(b) The director of the department of public works shall have general charge of the municipal water pollution control department, subject to federal and state law, the ordinances of the city and the direction of the commissioners.
(c) This chapter also establishes minimum stormwater management requirements and erosion controls to protect and safeguard the general health, safety, and welfare of the public, Lake Champlain, and its tributaries. The chapter objectives are to:
(1) Minimize stormwater runoff from development in order to reduce flooding, siltation, streambank erosion, and to maintain the integrity of natural stream channels;
(2) Prevent erosion and the transport of sediment and pollutants off property lots, onto the City of Burlington streets and sidewalks and into the City of Burlington separate stormwater system, combined sewer system and/or waters of the state (including streams, lakes, ponds and wetlands);
(3) Minimize the effects of non-point source pollution on surface water and groundwater water quality;
(4) Minimize the total volume of surface water runoff that flows from any site during and following development in order to replicate the pre-development hydrology to the maximum extent practicable;
(5) Reduce stormwater runoff rates and volumes, soil erosion and non-point source pollution, wherever possible, through stormwater management controls and best management practices and to ensure that these controls and practices are properly maintained and pose no threat to public safety;
(6) Employ stormwater management and erosion control strategies and best management practices that protect and enhance water quality and lead to an overall improvement in the quality of the waters of the state to the maximum extent practicable;
(7) Meet the requirements of the Vermont 2002 Stormwater Manual Vol. I and II (or latest state standard) and Stormwater Management Rules Ch. 18 and 22 to the maximum extent practicable; and,
(8) Protect the water quality of Vermont’s streams, ponds, wetlands, and lakes, including Lake Champlain and the city’s public and private beaches.
(d) 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, it shall not affect the validity or application of other provisions of this chapter.
(e) If the provisions of this chapter conflict with the provisions of any other valid and enforceable city ordinance(s), the stricter shall prevail.
(Ord. of 12-15-08(2), § 26-1-1)
26-2 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:
Agent shall mean a person authorized to act in the place of another person.
Agricultural use shall mean any accepted agricultural practices as defined by the Vermont secretary of agriculture, food and markets.
Applicant shall mean a property owner or duly designated representative who files an application for an activity or permit subject to this chapter.
Best management practices, or BMPs shall mean a schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to the waters of the state.
Biochemical oxygen demand (BOD5) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter in five (5) days at twenty (20) degrees centigrade, as determined in accordance with standard methods, and expressed in milligrams per liter.
Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the inner face of the building wall.
Building inspector shall mean the building inspector for the City of Burlington.
Building permit shall mean a permit approved by the building inspector which authorizes any land disturbance activities in the City of Burlington.
Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal, also called the house connection.
Cesspool shall mean a pit or dry well for disposal of sewage.
City engineer shall mean the city engineer of the department of public works for the City of Burlington.
Clearing shall mean any activity that removes the vegetative surface cover.
Coliform count shall mean the number of all coliform bacteria and expressed in the number of coliform bacteria per one hundred (100) milliliters of solution, as determined in accordance with standard methods.
Color of liquid shall mean the appearance of a liquid from which the suspended solids have been removed, as determined in accordance with standard methods.
Combined sewer shall mean a sewer intended to receive both wastewater and storm or surface water.
Committed reserve capacity. That amount of total average daily flow (gallons per day) from all projects approved by the city and the state department of environmental conservation for discharge to the treatment plant, but not yet discharging at the time of the calculation.
Construction and construction activity shall mean activity that will result in land disturbance of four hundred (400) or more square feet and/or where any change in existing hydrological conditions is proposed, regardless of the amount of proposed impervious surface or disturbed area.
Department of public works shall mean the employees or designees of the director of public works.
Designated enforcement officer shall mean the city’s code enforcement office, except that the excavation inspector at the department of public works shall be the designated enforcement officer for all projects, conditions, or activities within the public right-of-way.
Development review board or DRB shall mean the development review board for the city of Burlington.
Director shall mean the director of public works or his/her designee.
Drainage course or drainage way shall mean any channel that conveys surface runoff throughout the site.
Erosion control shall mean a measure that prevents erosion.
Erosion prevention and sediment control plan or EPSC plan shall mean a set of plans indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction.
Final site stabilization shall mean that
(a) All soil disturbing activities at the site have been completed and either (1) a uniform (e.g., evenly distributed, without large bare areas) perennial vegetative cover with a density of seventy (70) percent of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or (2) equivalent final stabilization measures (such as the use of gravel, riprap, gabions, or geotextiles) have been employed as determined by the department of public works;
(b) When background native vegetation will cover less than one hundred (100) percent of the ground (e.g., arid areas, beaches), the seventy (70) percent coverage criteria is adjusted as follows: If the native vegetation covers fifty (50) percent of the ground, seventy (70) percent of fifty (50) percent (0.70 X 0.50 = 0.35) would require thirty-five (35) percent total cover for final stabilization. On a beach with no natural vegetation, no stabilization is required;
(c) For individual lots in residential construction, final stabilization means that either (1) the homebuilder has completed final stabilization as specified above, or (2) the homebuilder has established temporary stabilization including perimeter controls for an individual lot prior to occupation of the home by the homeowner and informing the homeowner of the need for, and benefits of, final stabilization.
For construction projects on land used for agricultural purposes (e.g., pipelines across crop or range land, staging areas for highway construction, etc.), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to "waters of the United States," and areas which are not being returned to their preconstruction agricultural use must meet the final stabilization criteria (a) or (b) above.
Floatable oil is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.
Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking and serving of foods.
Grading shall mean any excavation or fill of material, including the resulting conditions thereof.
Green or green infrastructure shall mean an adaptable term used to describe an array of products, technologies, and practices that use natural systems, or engineered systems that mimic natural processes, to enhance overall environmental quality and provide utility services. As a general principal, green infrastructure techniques use soils and vegetation to infiltrate, evapotranspirate, and/or recycle stormwater runoff. When used as components of a stormwater management system, green infrastructure practices such as green roofs, porous pavement, rain gardens, and vegetated swales can produce a variety of environmental benefits. In addition to effectively retaining and infiltrating rainfall, these technologies can simultaneously help filter air pollutants, reduce energy demands, mitigate urban heat islands, and sequester carbon while also providing communities with aesthetic and natural resource benefits. Green infrastructure is as described in the EPA’s 2008 Action Strategy "Managing Wet Weather with Green Infrastructure," as may be amended.
Hazardous materials shall mean any material that is a waste with properties that make it dangerous or potentially harmful to human health or the environment and defined as hazardous waste by the Environmental Protection Agency.
Industrial wastes shall mean the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
Illegal discharge shall mean any unpermitted, unapproved or prohibited discharge to a public sewer and natural outlet, except as exempted in Article III, Division 2 of this chapter.
Illicit connections shall mean any connection which allows an illegal discharge as noted in "illegal discharge" above.
Impervious surface shall mean those surfaces that can not effectively infiltrate rainfall (e.g., building rooftops, pavement, sidewalks, driveways, whether such surfaces are gravel, dirt or paved etc.).
Industrial activity shall mean activities subject to NPDES industrial permits as defined in 40 CFR, Section 122.26(b)(14).
Infiltration basin shall mean any structure or device designed to infiltrate retained water to the subsurface.
Land disturbance activity shall mean any land disturbance that disturbs or breaks the topsoil or results in the movement of earth on land or regardless of the amount of impervious surface or disturbed area proposed where any change in existing hydrological conditions is proposed, including but not limited to activities associated with development such as clearing, grubbing, excavation, demolition, stockpiling, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, foundations or utilities; erection of temporary forms; and installation of accessory buildings such as garages.
Low impact development or LID shall mean a comprehensive stormwater management and site-design technique. Within the LID framework, the goal of any construction project is to design a hydrologically functional site that mimics predevelopment conditions. This is achieved by using design techniques that infiltrate, filter, evaporate, and store runoff close to its source. Rather than rely on costly large-scale conveyance and treatment systems, LID addresses stormwater through a variety of small, cost-effective landscape features located onsite. LID is a versatile approach that can be applied to new development, urban retrofits, and revitalization projects. This design approach incorporates strategic planning with micro-management techniques to achieve environmental protection goals while still allowing for development or infrastructure rehabilitation to occur.
Maintenance agreement shall mean a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
Maximum extent practicable shall mean the same as is meant in the federal Clean Water Act and shall include use of controls to reduce the discharge of pollutants such as management practices, control techniques and system design and engineering methods and other provisions as the city determines are appropriate to control such pollutants.
Municipal separate storm sewer system, or MS4 shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, road gutters, ditches, manmade channels, or storm drains): (i) owned or operated by the City of Burlington that discharges to surface waters or groundwater; (ii) designed or used for collecting or conveying stormwater; (iii) which is not a combined sewer; and (iv) which is not part of a publicly owned treatment works (POTW) as defined in 40 CFR, Section 122.2.
National pollutant discharge elimination system (NPDES) stormwater discharge permit shall mean a permit issued by EPA (or by the State of Vermont under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.
Natural outlet shall mean any public or private outlet, including storm sewers and combined sewer overflows, that flows or discharges into a watercourse, pond, ditch, lake or other body of surface or groundwater.
Non-point source pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include but is not limited to, pollutants from mining, construction, subsurface disposal and urban runoff sources.
Owner shall mean any person, firm, partnership, association, joint venture, corporation or other entity or combination of entities who alone, jointly, or severally with others hold(s) legal or equitable title to any real property. The term "owner" shall also include heirs, successors, and assigns.
Person shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner, the owner’s agent, or the operator of a premises.
pH shall mean the reciprocal of the logarithm of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has a pH value of 7 and a hydrogen ion concentration of 10-7.
Phenolic compounds shall mean those hydroxy derivatives of benzene, or its condensed nuclei, which can be identified by the 4-Aminoantipyrine method or other method in accordance with standard methods.
Pollutant shall mean anything which causes or contributes to pollution. Pollutants may include, but are not limited to: water, sediment; 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, pharmaceuticals and endocrine disrupters; 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.
Premises shall mean any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
Privy shall mean an outhouse or an enclosed pit that is used as a toilet.
Properly shredded garbage shall mean the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch in any dimension.
Public sewer shall mean a sewer controlled by a governmental agency or public utility.
Sanitary sewer shall mean a sewer that carries liquid- and water-carried wastes from residences, commercial buildings, industrial plants, and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally.
Sediment shall mean soil, sand, and minerals washed from land into surface waters or onto other lands.
Sediment control shall mean measures that prevent eroded sediment from leaving the site.
Sewage is the spent water of a community. The preferred term is now wastewater.
Sewer shall mean a pipe or conduit that carries water from any source, including but not limited to water, stormwater, wastewater or drainage water.
Shall is mandatory, as opposed to "may" which is permissive.
Silvicultural use shall mean any accepted silvicultural practices as defined by the state commissioner of forests, parks and recreation.
Site shall mean a parcel of land, water area or a contiguous combination thereof, where any land disturbances or construction or construction activity occurs. "Site" shall also incorporate the definition found in the Vermont Stormwater Management Rule, Ch. 18-201(20).
Slug shall mean any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation and shall adversely affect the collection system and/or performance of the wastewater treatment works.
Soil erosion shall mean when land or soil is diminished or worn due to wind or water.
Stabilization shall mean the use of accepted practices that prevent exposed soil from eroding.
Standard methods shall mean the methods and procedures set out in the edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association and current at the time of any examination of wastewater.
Start of construction shall mean the first land disturbing activity, including land preparation such as clearing, grading, and filling; installation of streets and walkways; excavation for basements, footings, piers, or foundations; erection of temporary forms; and installation of accessory buildings such as garages.
Storm sewer (sometimes termed storm drain) shall mean a sewer or drain for conveying water, groundwater, subsurface water, or unpolluted water from any source, public or private.
Stormwater shall mean precipitation and snowmelt, including material dissolved or suspended in it. Stormwater may infiltrate into pervious surfaces, evaporate, or runoff impervious surfaces.
Stormwater management shall mean the use of structural or nonstructural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, peak flow discharge, increase infiltration and reduce detrimental changes in stream temperature that affect water quality and habitat as well as other functions.
Stormwater runoff shall mean flow on the surface of the ground, resulting from precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it.
Stormwater management plan or program shall mean a comprehensive program to manage the quality and quantity of stormwater discharged from a property subject to this chapter.
Stormwater treatment practices shall mean measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing or reducing point source or non-point source pollution inputs to stormwater runoff and water bodies.
Surface waters shall mean any receiving waters existing on the surface of the ground, including but not limited to: brooks, streams, rivers, wetlands, ponds, or lakes.
Suspended solids shall mean total suspended matter that either floats on the surface of, or is in suspension in, water, wastewater or other liquids, and that is removable by laboratory filtering as prescribed in standard methods and referred to as nonfilterable residue.
Temporary site stabilization shall mean protecting soils in areas where additional soil disturbance activities are to occur from erosion by rainfall, runoff, or wind with a surface cover, including but not limited to, establishment of ground vegetation, application of mulch, rolled erosion control products, gravelling or paving.
Uncommitted reserve capacity. That amount of average daily flow (gallons per day) calculated as follows: Plant permit flow limit minus the most recent twelve (12) months’ actual average daily flow to the plant minus the summation of the estimated average daily flows of all projects approved by the state department of environmental conservation and the City of Burlington but not yet discharging to the sewer.
Unpolluted water is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and wastewater treatment works provided.
User shall mean the owner of any premises which utilizes or is connected to the principal sewer system.
Wastewater shall mean a combination of liquid- and water-carried wastes, other than uncontaminated stormwater, discharged from premises.
Wastewater facilities shall mean the collection system, structures and equipment required to collect and transport domestic and industrial wastes to the wastewater treatment works.
Wastewater treatment works shall mean an arrangement of devices and structures for treating wastewater, industrial wastes, and sludge. Used as synonymous with water pollution control or wastewater plant.
Watercourse shall mean any body of water, including, but not limited to lakes, ponds, rivers, streams, and bodies of water delineated by the City of Burlington.
Waterway shall mean a channel that directs surface runoff to a watercourse or to the public storm drain.
Zoning administrator shall mean the zoning administrator for the City of Burlington.
Zoning permit shall mean a document signed by the zoning administrator authorizing land development pursuant to the requirements of the comprehensive development ordinance.
(Ord. of 12-15-08(2), § 26-1-2)
26-3 Documents incorporated by reference.
[The following documents are incorporated by reference:]
(1) City comprehensive development ordinance, and as amended.
(2) City excavation ordinance, Chapter 27, and as amended.
(3) City department of public works public sewers, stormwater and erosion control Specifications, Standards and Management Practices Design Manual, per section 26-155
(4) Vermont Stormwater Management Rule, Chapters 18 and 22, July 4, 2005, and as amended.
(5) Vermont Stormwater Manual, 2002, Volumes I and II, and as amended.
(6) Vermont Standards & Specifications for Erosion Prevention & Sediment Control, 2006, and as amended.
(7) Clean Water Act, National Pollutant Discharge Elimination Systems (NPDES) permits:
a. Vermont Agency of Natural Resources, Department of Environmental Conservation, General Permit 3-9020 (2006) for stormwater runoff from construction sites, and as amended.
b. City MS4 (NPDES) General Permit No. 3-9014 and as amended.
c. City discharge permit (CWA) Final Discharge Permit No. 3-1331, 3-1247 and 3-1245, Part 1, Section F. Combined Sewer Overflows, and as amended.
(8) EPA "Managing Wet Weather with Green Infrastructure Action Strategy", January 2008, an as amended.
(9) Vermont Agency of Natural Resources, Department of Environmental Conservation, Environmental Protection Rules, Chapter 1, effective September 29, 2007, and as amended.
(10) EPA "Combined Sewer Overflows: Guidance for Nine Minimum Controls" May 1995, and as updated.
(11) Burlington’s Guidelines for Stormwater Pollutant Reduction, September 1999 and as may be amended.
(Ord. of 12-15-08(2), § 26-1-3)
26-4 Enforcement remedies.
The City of Burlington, by and through its authorized agents, shall have the authority to enforce the provisions of this chapter, and any orders, violation notices, or enforcement orders issued hereunder, and may pursue all civil and criminal remedies in connection with any violation hereunder. Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation. Any industry found convicted of a violation of the provisions of this chapter may have its disposal authorization terminated or suspended by the public works director.
(a) Remedies not exclusive. The remedies set forth herein are not exclusive of any other remedies available, including criminal prosecution, under any applicable federal, state or local law. Election of one (1) remedy shall not preclude pursuing other remedies and nothing herein shall prohibit the city from seeking multiple remedies. Election of remedies shall be at the discretion of the designated enforcement officer.
(b) Judicial bureau municipal civil complaint ticket. Pursuant to 24 V.S.A., Chapters 59 and 61 and 4 V.S.A., Chapter 29, a Designated Enforcement Officer may commence prosecution in the judicial bureau for any violation of this chapter by serving two (2) copies of a municipal civil complaint ticket either in person or by first class mail on the alleged offender, and thereafter promptly filing the original with the judicial bureau. The issuing officer shall follow the procedure set forth by the judicial bureau for municipal complaint tickets. The first offense ticketed for a violation within a twelve-month period shall be punishable by a fine of two hundred dollars ($200.00), the waiver fee for which shall be one hundred dollars ($100.00); a second offense ticketed for the same violation within a twelve-month period shall be punishable by a fine of four hundred dollars ($400.00), the waiver fee for which shall be two hundred dollars ($200.00); a third offense ticketed for the same violation shall be punishable by a fine of five hundred dollars ($500.00), the waiver fee for which shall be three hundred dollars ($300.00). The fourth or subsequent offense within a twelve-month period shall be a criminal offense punishable pursuant to section 1-9 of this Code of Ordinances.
(c) Other enforcement remedies generally; fines, injunctive relief.
(1) Expenses for restoration. In addition to any other penalty authorized by this section, any person, partnership, or corporation found to have violated any of the provisions of this chapter shall be required to bear the expense of the restoration required to abate the violation.
(2) Injunctive relief. An action, injunction, or other enforcement proceeding may be instituted by the city to prevent, restrain, correct, or abate any violation or activity causing a violation. The relief sought may include the right to enter onto private property to abate or correct the violation, to restrain any activity that would create further violations, or to compel a person or persons to perform abatement or remediation of the violation; and to seek damages for all costs, including reasonable attorney’s fees, incurred by the city in pursuing and obtaining such relief. In addition to any other remedies authorized in law or equity, the city may seek an order specifically requiring:
a. The elimination of illicit connections and/or non-stormwater discharges to the MS4;
b. The discontinuance of practices, activities, or operations that lead to violations of this chapter;
c. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
d. The implementation of source control or treatment through the use of best management practices;
e. The performance of monitoring, analysis, and reporting.
(3) Offsite remediation. In place of fines, any person, partnership, or corporation found to have violated any of the provisions of this chapter may perform offsite stormwater and/or erosion control remediation to improve existing stormwater and/or erosion control problems elsewhere in the city. This option shall require the written agreement of the person, partnership, or corporation found to have violated the provisions of this chapter, the property owner of the offsite remediation site, and the city.
(d) Stop work and abatement orders. In the event that any person holding a zoning permit, building permit or approval under any regulation or ordinance of the city, violates the terms of this chapter or alters a site in such a manner as to adversely affect the public health, safety or welfare, the director or designated enforcement officer may issue a stop work and/or abatement order.
(Ord. of 12-15-08(2), § 26-4-1)