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0693 Storm Water Quality Management 2011ORDINANCE NO. 03 AN ORDINANCE OF THE CITY OF CHUBBUCK, A MUNICIPAL CORPORATION OF IDAHO, ENACTING A NEW CHAPTER 8.52, "STORM WATER QUALITY MANAGEMENT" TO THE CHUBBUCK MUNICIPAL CODE; ESTABLISHING REGULATIONS REQUIRING DESIGN, REVIEW, AND APPROVAL PROCESSES FOR STORM WATER MANAGEMENT AND THE APPLICATION OF BEST MANAGEMENT PRACTICES; ADOPTING THE PORTNEUF VALLEY STORM WATER QUALITY DESIGN MANUAL; PROVIDING FOR MISDEMEANOR PENALTIES FOR VIOLATIONS; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE IS EFFECTIVE. WHEREAS, the United States Congress enacted the federal Clean Water Act (CWA) to protect public health by regulating pollutant discharges to the waters of the United States; and WHEREAS, pursuant to the provisions of the Clean Water Act, the City of Chubbuck is a co -holder of a National Pollutant Discharge Elimination System (NPDES) Permit No. IDS - 028053, which Permit is a Phase II permit for the Pocatello Urbanized Area municipal separate storm water system, and which Permit was issued in December, 2006; and WHEREAS, as a holder of said NPDES Permit, the City is required under Federal regulations to establish measures to provide for and to monitor the design, installation, and maintenance of storm water facilities and to protect water sources from contaminants resulting from development activities; and WHEREAS, City staff have recommended the adoption of specific measures to the City Council to manage and control the storm water runoff on construction, development and redevelopment sites after the completion of construction activities on said sites, and to prevent the introduction of pollutants of concern into the municipal separate storm sewer system, as ORDINANCE - Page 1. chubbuck 122810 npds ord.wpd required under said 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 manage and control storm water runoff and eliminate the introduction of pollutants of concern into the municipal storm sewer system 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; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK THAT A NEW CHAPTER 8.52, "STORM WATER QUALITY MANAGEMENT" BE ENACTED TO READ AS FOLLOWS: Chapter 8.52 Storm Water Quality Management 8.52.010 Title. This chapter shall be known as the "Storm Water Quality Management" Chapter of Title 8, Health and Safety of the Chubbuck Municipal Code. 8.52.020 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 and the federal Clean Water Act, and to provide for the health, safety, and general welfare of the citizens of Chubbuck through the regulation of facilities designed and built to permanently manage and control the discharge of sediment and other pollutant materials into the municipal separate storm sewer system and waters of the United States. The design, review, and approval mechanism for the requirements of this chapter are contained in the Portneuf Valley Storm Water ORDINANCE - Page 2. chubbuck 122810 npds ord.wpd Quality Design Manual, as may be amended from time to time. The objectives of this chapter are: A. To promote and protect the health, safety, and general welfare of the citizens of the City of Chubbuck and to enhance and preserve the quality and value of the City's resources by regulating sediment and other pollutant flows arising from development and redevelopment areas following completion of construction activities. B. To provide for the long term protection of storm water, ground water, water bodies, and other resources from contaminants resulting or potentially resulting from development or redevelopment activities, as required by the Clean Water Act, and NPDES storm water permit granted to the City of Chubbuck. C. To ensure that all storm water management, retention, and conveyance facilities constructed within the City of Chubbuck are designed, reviewed, approved, inspected, and maintained in a manner that is consistent with efforts to reduce and control pollutant flow from said activities. 8.52.030 Definitions. For the purposes of this Chapter, the definitions contained in Section 8.44.030 of the Chubbuck Municipal Code shall apply to the provisions of this Chapter. 8.52.040 Applicability. This Chapter shall apply to all development and redevelopment activities which disturb 5,000 square feet or more of land surface directly or indirectly associated with construction activities within the corporate limits of the City of Chubbuck. No person or entity working on any public or private real property located within the City shall engage in the design, installation and/or maintenance of storm water management facilities associated with land development, road and/or drainage projects without first obtaining review and approval from the City as defined in the Portneuf Valley Storm Water Quality Design Manual, as may be amended from time to time. 8.52.050 Adoption of Manual. The Portneuf Valley Storm Water Quality Design Manual, and any future amendments thereto, shall be the authorized reference manual for the ORDINANCE - Page 3. chubbuck 122810 npds ord.wpd design, review and approval mechanisms for the requirements provided for in this Chapter. A copy of the Portneuf Valley Storm Water Quality Design Manual, and subsequent amendments thereto, shall be available at the City of Chubbuck Public Works Office. 8.52.060 Regulatory Consistency. This Chapter shall be construed to assure consistency with state and federal laws, rules and regulations, including the Clean Water Act and all acts amendatory thereof or supplementary thereto; all NPDES permits issued to the City of Chubbuck, and in particular, NPDES Permit No. IDS -028053; and any other provisions of the City of Chubbuck Municipal Code. No review or approval issued pursuant to this Chapter shall relieve a person of the responsibility to secure permits and approval required for activities regulated by any other applicable laws, regulations, rules, codes, acts, permits or ordinances. Compliance with this Chapter does not exempt any person from complying with other applicable laws, regulations, rules, codes, acts, permits or ordinances. 8.52.070 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. 8.52.080 General Requirements and Prohibitions. All persons or entities engaged in development or redevelopment activities which disturb 5,000 square feet of land or more shall be subject to the guidance and requirements presented in the Portneuf Valley Storm Water Quality Design Manual, as may be amended from time to time. 8.52.90 Violations Constitute Misdemeanors. The violation of any provision or failure to comply with any requirement, of this Chapter shall constitute a misdemeanor and may be punishable by a ORDINANCE - Page 4. chubbuck 122810 npds ord.wpd fine up to $1000.00, imprisonment in the county jail up to six months, or both. Each day on which a violation occurs may constitute a separate criminal offense. 8.52.100 Violations Deemed a Public Nuisance. In addition to any other remedies and penalties provided for by this Chapter, any condition caused or permitted to exist in violation of this Chapter shall be considered a threat to the public health, safety, welfare, and environment, and may be declared and deemed a nuisance by the City. Any condition deemed a nuisance by the City or an authorized enforcement agent may be summarily abated and/or restored by the City and civil actions may be taken to abate, enjoin, or otherwise compel the cessation of such nuisance. The cost of abatement and restoration shall be borne by the owner of the property or by the entity authorized by the owner as the responsible party for the operation and maintenance of the facility in question. 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. 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. ORDINANCE - Page 5. chubbuck 1228 10 npdsord. wpd PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this g'6 day of Fehr uar , 2011. IJ 4even�M. MEngland, •R ATTEST: "'A� �y� Richard Morgan, CIYY CLERK ORDINANCE - Page 6. chubbuck 122810 npds ord.wpd LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232-5911 JACK H. ROBISON FAX: (208) 232-5962 THOMAS J. HOLMES E-MAIL: tholmesid@gmail.com MR. HOLMES' TELEPHONE EXTENSION: 103 January 5, 2011 Richard Morgan City of Chubbuck P O Box 5604 Chubbuck, ID 83202 Dear Rich: Enclosed is the storm water quality management ordinance for placement on the next Council agenda. TJH/ah chubbuck010511.12.wpd Enclosure cc Steve Smart