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0665 Discharge and Storm Water Sewer Connection 2009ORDINANCE NO. 665 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, ENACTING A NEW CHAPTER 8.48, "ILLICIT DISCHARGE AND STORM WATER SEWER CONNECTION ORDINANCE"; ESTABLISHING REGULATIONS TO CONTROL NON -STORM WATER DISCHARGES TO THE CITY'S STORM DRAINAGE SYSTEM; ESTABLISHING METHODS TO CONTROL AND RESTRICT THE INTRODUCTION OF POLLUTANTS INTO THE MUNICIPAL STORM SEWER SYSTEM; PROVIDING REGULATIONS IN ORDER TO COMPLY WITH REQUIREMENTS OF THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT; PROVIDING DEFINITIONS; PROHIBITING ILLICIT CONNECTIONS AND DISCHARGES TO THE MUNICIPAL STORM SEWER SYSTEM; PROVIDING AUTHORITY TO CONDUCT INSPECTIONS, SURVEILLANCE AND MONITORING FOR COMPLIANCE WITH PERMIT REQUIREMENTS; PROVIDING FOR WAIVER AND APPEAL PROCESSES; PROVIDING MISDEMEANOR PENALTIES FOR VIOLATIONS; PROVIDING FOR REMEDIES THROUGH CIVIL ACTIONS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. WHEREAS, the City of Chubbuck is the holder of National Pollutant Discharge Elimination System (NPDES) Permit No. IDS -028053; and WHEREAS, as a holder of the NPDES Permit, the City is required under Federal regulations to establish methods to control and eliminate the introduction of pollutants of concern into the municipal storm sewer system; and WHEREAS, City staff have recommended measures to the City Council to reduce and eliminate the introduction of those pollutants of concern through training, inspection, surveillance and monitoring procedures to ensure compliance with said measures, as required under the NPDES Permit, in compliance with federal and state requirements, and in order to protect the health, safety, and welfare of the citizens of the City; and WHEREAS, the City Council has reviewed the City staff s recommended measures and determined that the implementation of methods to control and eliminate the introduction of Ordinance - Page 1 chubbuck 122608npdesillicitdischarge. doc do pollutants of concern into the municipal storm sewer system is necessary for compliance with the City's NPDES Permit, state and federal regulations, and is necessary in order to protect the health, safety and welfare of the citizens of the City; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO THAT A NEW CHAPTER 8.48, "ILLICIT DISCHARGE AND STORM WATER SEWER CONNECTION ORDINANCE" BE ENACTED AS FOLLOWS: Chapter 8.48 Illicit Discharge and Storm Water Sewer Connection 8.48.010 Title. This chapter shall be known as the "Illicit Discharge and Storm Water Sewer Connection" Chapter of Title 8, Health and Safety. 8.48.020 Purpose. The purpose of this chapter is to comply with the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Permit No. IDS - 028053, the Federal Clean Water Act, and to provide for the health, safety, and general welfare of the citizens of Chubbuck through the regulation of non -storm water discharges to the storm drainage system as required by federal and state law by establishing methods to control the introduction of pollutants into the municipal separate storm sewer system. The objectives of this chapter are: A. To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by storm water discharges by any user. B. To prohibit illicit connections and discharges to the municipal separate storm sewer system. C. To establish legal authority to carry out all inspection, surveillance and Ordinance - Page 2 chubbuck 122608npdesillicitdischarge. doc monitoring procedures necessary to ensure compliance of this ordinance. D. To establish penalties associated with violations of this ordinance. 8.48.030 Definitions. For the purposes of this Chapter, the following shall mean: Authorized Enforcement Agent: See Section 8.44.030. Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. City: See Section 8.44.030. Clean Water Act: See Section 8.44.030. Construction Activity: See Section 8.44.030. Hazardous Materials: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge: Any direct or indirect non -storm water discharge to the storm drain system, except as exempted in Section 8.48.080(A) of this ordinance. This includes discharges to City rights-of-way such as streets and alleyways. Illicit Connections (Discharge): An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non - storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by the City. Ordinance - Page 3 chubbuck 122608npdesillicitdischarge. doc Industrial Activity: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14). Municipal Separate Storm Sewer System (MS4): All parts of the City of Chubbuck storm water conveyance system, including roads, alleyways, streets, gutters, catch basins, pipe, culverts, ditches, and other conveyances which normally convey storm water. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit: A permit issued by the EPA (pursuant to 33 USC § 1342(b)) which authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable to an individual, group, or general area -wide basis. Specifically the Pocatello Urbanized Area Permit (IDS -028053), finalized December 15, 2006. Non -Storm Water Discharge: Any discharge to the storm drain system that is not composed entirely of storm water. Notice of Intent (NOI): Electronic or written notice completed under provisions of the federal Construction General Permit and filed with the EPA in accordance with current requirements. Person: See Section 8.44.030. Pollutant: See Section 8.44.030. Pollutants of Concern: Objects and materials identified in the Clean Water Act 303(d) list and the Portneuf River Total Maximum Daily Load (TMDL) documentation are: sediment, oil and grease, coliform bacteria (E. coli) nitrogen and phosphorus. These pollutants of concern are of special interest in the context of the illicit discharge issue. Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System: Publicly -owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, alleyways, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs, and other drainage structures. Storm Water: See Section 8.44.030. Storm Water Pollution Prevention Plan (SWPPP): 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 to the Maximum Extent Practicable. Ordinance - Page 4 chubbuck 122608npdesillicitdischarge. doc /'s, Storm Water Pollution Prevention Plans must be filed in accordance with the requirements of the federal Notice of Intent for the Construction General Permit for all projects which disturb 0.5 acres or more. Copies of the NOI and the SWPPP must be provided to the City of Chubbuck in the Permit Application Process. Wastewater: Any water or other liquid, other than uncontaminated storm water, discharged from a facility. Watercourse: See Section 8.44.030. Waters of the United States: Those waters described in the context of wetlands and interstate commerce and fully described at 33 CFR Part 328. In the event of a dispute or discrepancy regarding the definition of a term used in this Chapter, the definition contained in the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), also known as the Clean Water Act, and any subsequent amendments thereto, shall be the controlling authority. 8.48.040 Applicability. This Chapter shall apply to all water directly or indirectly entering the storm water system [municipal separate storm sewer system (MS4)] which is generated on any developed or undeveloped lands unless explicitly exempted by an authorized enforcement agency. 8.48.050 Administration. The City of Chubbuck Public Works Department and the City of Chubbuck Building Official shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon these entities may be delegated in writing by the Director of Public Works of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency. 8.48.060 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 Ordinance - Page 5 chubbuck 122608npdesillicitdischarge. doc the other provisions or application of this Chapter. 8.48.070 Disclaimer. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. 8.48.080 Discharge Prohibitions. A. Prohibition of Illegal Discharges. No person shall directly or indirectly discharge or cause to be discharged into the municipal storm drain system, including City streets, roads and alleyways 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. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1) The following discharges are exempt from discharge prohibitions established by this ordinance: uncontaminated water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water [as defined at 40 CFR S 35.2005(20)], foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, individual, non-commercial washing of vehicles, natural riparian habitat or wet -land flows, swimming pools (if dechlorinated - typically less than one PPM Ordinance - Page 6 chubbuck 122608npdesillicitdischarge. doc chlorine), fire hydrant flushing, fire fighting activities, and any other water source not containing pollutants of concern or other materials as described in this Chapter. 2) Discharges specified in writing by the Chubbuck City Director of Public Works as being necessary to protect public health and safety. 3) Dye testing is an allowable discharge, but requires a verbal notification to the City prior to the time of the test. 4) The prohibition shall not apply to any non -storm water discharge permitted under a 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 by the City for any discharge to the storm drain system. B. Prohibition of Illicit Connections. 1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2) This prohibition expressly includes, without limitation, illicit connections made prior to the enactment of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage or other non -storm water discharges to the Municipal Separate Storm Sewer System, or allows such a connection to continue, without written City approval. 8.48.090 Suspension of Municipal Separate Storm Sewer System Access. Ordinance - Page 7 chubbuck 122608npde sillicitdischarge. doc ,,—IN A. Suspension due to Illicit Discharges in Emergency Situations. The City of Chubbuck Director of Public Works may, without prior notice, suspend Municipal Separate Storm Sewer System discharge access to a person or entity when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the Municipal Separate Storm Sewer System or waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the Director may take such steps as deemed necessary to prevent or minimize damage to the Municipal Separate Storm Sewer System or waters of the United States, or to minimize danger to persons. B. Suspension due to the Detection of Illicit Discharge. Any person discharging to the Municipal Separate Storm Sewer System in violation of this Chapter may have their Municipal Separate Storm Sewer System access terminated if such termination would abate or reduce an illicit discharge. The City will notify a violator of the proposed termination of its Municipal Separate Storm Sewer System access. Notification shall be made in writing by certified mail to the owner of the property from which the illicit discharge is being made at the last known mailing address of said property owner on record with the Bannock County Assessor. C. Any person who reinstates Municipal Separate Storm Sewer System access to premises terminated pursuant to this Section, without the prior written approval of the authorized enforcement agency (City of Chubbuck Director of Public Works) is guilty of a misdemeanor. 8.48.100 Industrial or Construction Activity Discharges. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all Ordinance - Page 8 chubbuck l 22608npdesillicitdischarge. doc provisions of such permit. Proof of compliance with said permit may be required by the City prior to allowing of discharges to the Municipal Separate Storm Sewer System. 8.48.110 Monitoring of Discharges. A. Applicability. This section applies to all facilities that have storm water discharges associated with commercial activity and industrial activity, including construction activity. B. Access to Facilities. 1) The Director of Public Works or his authorized representative shall be permitted to enter and inspect facilities subject to regulation under this Chapter as often as may be necessary to determine compliance with this Chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the Director of Public Works or his authorized representative. 2) Facility operators shall allow the Director of Public Works or his authorized representative ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law related to said discharges. 3) The Director of Public Works shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. 4) The Director of Public Works has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated as required by the manufacturer's operation manual to ensure their accuracy. 5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the Director of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6) Unreasonable delays in allowing the Director of Public Works access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge storm water Ordinance - Page 9 chubbuck 122608npdesillicitdischarge. doc associated with industrial activity commits a misdemeanor offense if the person denies the Director of Public Works access to the permitted facility for the purpose of conducting any activity authorized or required by this Chapter. 7) If the Director of Public Works has been refused access to any part of the premises from which storm water is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Director of Public Works may seek issuance of a search warrant from any court of competent jurisdiction. 8.48.120 Use of Best Management Practices to Prevent, Control and Reduce Storm Water Pollutants Required. The City shall adopt requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, maybe required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the Municipal Separate Storm Sewer System. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a Storm Water Pollution Prevention Plan (SWPPP) as necessary for compliance with requirements of the applicable NPDES permit. Ordinance - Page 10 chubbuck 122608npdesillicitdischarge. doc 8.48.130 Watercourse Protection. Every person owning property through which a watercourse passes, shall keep and maintain that part of the watercourse within said person's property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 8.48.140 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, the Municipal Separate Storm Sewer System, or waters 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 and the Idaho Department of Environmental Quality of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Director of Public Works within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years from the date of the discharge. Ordinance - Page 11 chubbuck 122608npdesillicitdischarge. doc /'N 8.48.150 Violations Constitute Misdemeanors. The knowing violation of any provision or failure to comply with any requirement, of this Chapter shall constitute a misdemeanor and may be punishable by a fine up to $1,000.00, imprisonment in the county jail up to six months, or both. Each day on which a violation occurs may constitute a separate criminal offense. 8.48.160 Acts Resulting in Violation of Federal Laws and Regulations. Any person who violates any provision of this Chapter, or discharges any pollutant or causes pollution, may also be in violation of federal laws or regulations, and may be subject to the sanctions of those laws or regulations, including civil or criminal penalties, notwithstanding any legal action taken by the City. 8.48.170 Disclaimer of Liability. The degree of protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific, engineering, and other relevant technical considerations. The standards set forth herein are minimum standards and this Chapter does not imply that compliance will ensure against all unauthorized discharge of pollutants. This Chapter shall not create liability on the part of the City, any agent or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made there under. Ordinance - Page 12 chubbuck 122608npdesillicitdischarge. doc ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City and any provision of the Municipal Code which are in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 2. Severabilitv. The sections of this ordinance are severable. The invalidity of a section shall not affect the validity of the remaining sections. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is dispensed with, and this Ordinance shall become effective upon its passage, approval and publication. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 10THday of FEBRUARY , 2009. ATTEST: a.,. 0, �" RON C. CONLIN, City Clerk Ordinance - Page 13 chubbuck 122608npde sillicitdischarge. doc CITY OF CHUBBUCK, a municipal corporation of Idaho XOEVaENI. & • SUMMARY OF ORDINANCE NO. 665 An ordinance of the City of Chubbuck, a municipal corporation of Idaho, enacting a new Chapter 8.48, "Illicit Discharge and Storm Water Sewer Connection Ordinance"; establishing regulations to control non -storm water discharges to the city's storm drainage system; establishing methods to control and restrict the introduction of pollutants into the municipal storm sewer system; providing regulations in order to comply with requirements of the city's national pollutant discharge elimination system (NPDES) permit; providing definitions; prohibiting illicit connections and discharges to the municipal storm sewer system; providing authority to conduct inspections; surveillance and monitoring for compliance with permit requirement; providing for waiver and appeal processes; providing misdemeanor penalties for violations, providing for remedies through civil actions; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; and providing when this ordinance is effective. The full text of this ordinance is available at the City Clerk's Office, Chubbuck City Offices, 5160 Yellowstone, Chubbuck, ID 83202. I have reviewed the foregoing summary and believe it provides a true and correct summary of Ordinance No. 665 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this{ / day of �� ,� �✓ , 2009. SUMMARY OF ORDINANCE NO. 685. Page 1 ch ubb uck021109. ord i n ance 665summary.wpd