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0666 Control of Polutants into Storm Sewer 2009n SUMMARY OF ORDINANCE NO. 666 An ordinance of the City of Chubbuck, a municipal corporation of Idaho, adopting Sections 9.08.144 and 9.08.145 to provide for regulations to control the deposition of dust, dirt and other materials from non-public to public rights-of-way withing the city limits, into the storm sewer system, and into the air shed in compliance with the requirements of the city's national pollutant discharge elimination system permit; providing for regulations of loads of material being transported from place to place within the city limits of the City of Chubbuck; providing for the control of the introduction of pollutants into the municipal separate storm sewer system or into the air shed from uncovered loads of material including but not limited to sand, dirt, fill material, landscaping material and landscaping debris in compliance with the requirements of the city's national pollutant discharge elimination system permit; prohibiting certain acts; providing misdemeanor penalties for violations; repealing prior conflicting ordinances; providing that all other sections of Chapter 9.08 not amended shall remain in effect; 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. 666 and that the summary provides adequate notice to the public of the contents of this ordinance. DATED this I( day of , 2009. Thomas J(,Holmes, Ci tomey SUMMARY OF ORDINANCE NO. 666 - Page 1 ch ub b uck021109.ordi n ance 666summarympd ORDINANCE NO. 666 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, ADOPTING SECTIONS 9.08.144 AND 9.08.145 TO PROVIDE FOR REGULATIONS TO CONTROL THE DEPOSITION OF DUST, DIRT AND OTHER MATERIALS FROM NON-PUBLIC TO PUBLIC RIGHTS-OF-WAY WITHIN THE CITY LIMITS, INTO THE STORM SEWER SYSTEM, AND INTO THE AIRSHED IN COMPLIANCE WITH THE REQUIREMENTS OF THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT; PROVIDING FOR REGULATIONS OF LOADS OF MATERIAL BEING TRANSPORTED FROM PLACE TO PLACE WITHIN THE CITY LIMITS OF TtIE CITY OF CHUBBUCK; PROVIDING FOR THE CONTROL OF THE INTRODUCTION OF POLLUTANTS INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM OR INTO THE AIR SHED FROM UNCOVERED LOADS OF MATERIAL INCLUDING BUT NOT LIMITED TO SAND, DIRT, FILL MATERIAL, LANDSCAPING MATERIAL AND LANDSCAPING DEBRIS IN COMPLIANCE WITH THE REQUIREMENTS OF THE CITY'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT; PROHIBITING CERTAIN ACTS; PROVIDING MISDEMEANOR PENALTIES FOR VIOLATIONS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING THAT ALL OTHER SECTIONS OF CHAPTER 9.08 NOT AMENDED SHALL REMAIN IN EFFECT 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 a National Pollutant Discharge Elimination System (NPDES) Permit; 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 into the air shed; and WHEREAS, City staff have recommended measures to the City Council to alleviate the introduction of those pollutants of concern through 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 determined that the implementation of methods to control and eliminate the Ordinance - Page 1 chubbuck 122908ordiancelitter.wpd introduction of pollutants of concern into the municipal storm sewer system and into the air shed is necessary for compliance with the 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 THE FOLLOWING SECTIONS 9.08.144 AND 9.08.145 BE ENACTED AS FOLLOWS: 9.08.144 Deposits of injurious material on right of way: A. It is unlawful for any person to deposit, place or allow to remain in or upon any public right of way any material or substance injurious to persons or property. B. No person shall cause or allow grass clippings, dirt, dust, solid waste, or other material generated on or originating on non-public property to be placed, swept, blown with a portable blower or other device, or otherwise deposited onto or into any part of the public rights-of-way of the City of Chubbuck. Specific exemptions to this requirement are provided for with respect to organized City-wide or neighborhood cleanups where parties have made specific arrangements with the City of Chubbuck Sanitation Department for pickup and removal solid waste materials. C. Any person who causes or allows grass clippings, dirt, dust, solid waste, or other material generated on or originating on non-public property to be placed, swept, blown with a portable blower or other device, or otherwise deposited onto or into any part of the public rights-of-way of the City of Chubbuck shall be guilty of a misdemeanor and subject to the provisions of Chubbuck Municipal Code Section 1.12. 9.08.145 Littering: Ordinance - Page 2 chubbuck 122908 ordiancelitter.wpd A. It is unlawful for any person to willfully or negligently throw from any vehicle or from any other location, or to place or deposit upon or along any street, alley, public thoroughfare, or public property, or private property without the consent of the owner, any debris, paper, litter, glass, can, nail, tack, wire, trash or garbage, lighted material or other waste substance. B. No vehicles shall be driven or moved on any City right of way unless the vehicle is so constructed, loaded or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. C. No vehicle loaded with garbage, swill, cans, bottles, waste papers, ashes, refuse, trash, rubbish, waste, paper, cartons, or any other material susceptible to blowing or bounding from a moving vehicle, shall be moved or driven on a City right of way unless the load is covered with a sufficient cover to prevent the load or any part of it from spilling, blowing, sifting, or otherwise leaving the vehicle and being deposited onto the right of way or the surrounding property. D. No person shall operate any vehicle so as to track or drop mud, stones, gravel, dirt, sand or other similar material on any City street, alleyway, or other municipal right of way except as provided in Section 9.08.020(E). E. City Sanitation Department vehicles together with vehicles owned and operated by, or under contract to the City of Pocatello, Bannock County, or the State of Idaho for the purpose of snow management, including sanding, salting and the performance of official duties associated with snow management shall be exempt from the provisions of Subsections 9.08.020(C) and (D). Section 9.08.020 shall not prohibit the necessary spreading of any substance connected with right of way maintenance, construction, securing traction, or snow removal. Ordinance - Page 3 chubbuck 122908 ordiancelitter. wpd F. Any person who violates any portion of this shall be guilty of a misdemeanor and subject to the provisions of Municipal Code Section 1.12. 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. All other sections of Chapter 9.08 not herein amended shall remain in effect. Section 2. Severability. 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 1 oTHday of FEBRUARY , 2009. ATTEST: RON C. CONLIN, City Clerk Ordinance - Page 4 chubbuck l 22908ordiancelitter.wpd CITY OF CHUBBUCK, a municipal corporation of Idaho