HomeMy WebLinkAbout0693 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
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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
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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
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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
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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.
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PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF
CHUBBUCK, IDAHO, this g'6 day of Fehr uar , 2011.
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4even�M. MEngland, •R
ATTEST:
"'A� �y�
Richard Morgan, CIYY CLERK
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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