The text
9-3d-1 - Notification of Spills.#
1.
All persons in charge of or responsible for emergency response for a project, development or facility are responsible to train personnel, maintain records of such training and maintain notification procedures to assure that immediate notification is provided to the City upon becoming aware of any suspected, confirmed or unconfirmed release of material, pollutants or waste that creates a risk of discharge into the City's storm drainage system.
2.
As soon as any person in charge of a project, development, or facility or responsible for emergency response for a project, development or facility has knowledge of any release of materials as described in Subsection (1), such person shall take all necessary steps to ensure the containment and clean up of such release and shall immediately notify the City Storm Water Official or their designee.
3.
The notification requirements of this Section are in addition to any other notification requirements set forth in Federal, State or local regulations and/or laws.
(Ord. 21-12-01, 12/2/2021)
9-3d-2 - Inspections.#
Whenever the Storm Water Official determines it is necessary to make an inspection to enforce any of the provisions of this Title, or whenever an Authorized Enforcement Agent has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Title, the Official and/or Agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the agent by this Title; provided that: (1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
9-3d-3 - Testing and Monitoring.#
1.
Whenever the Storm Water Official or his or her designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to storm water pollution or illicit discharges to the City's storm drainage system, the Storm Water Official or his or her designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Storm Water Official or his or her designee may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall particularly describe the monitoring activities and/or analyses and reports required. The burden to be borne by the owner or operator, including costs of these activities, analyses and reports, shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such order shall undertake and provide the monitoring, analyses and reports within the time frames set forth in the order.
2.
In the event the owner or operator of a project, development or facility fails to conduct the monitoring and/or analyses and furnish the reports required by the order in the time frames set forth therein, the City may cause such monitoring and/or analyses to occur and assess all costs incurred, including reasonable administrative costs and attorney's fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred.
9-3d-4 - Removal of Obstruction.#
In addition to any penalties which may be imposed pursuant to this Title, the City may do the following: 1.
Remove any of the obstructions and any pipelines or other devices installed in violation of the provisions of this Title;
2.
Give written notice to persons in violation of the provisions of this Title requiring the removal of offending installations from natural channels or other storm drainage facilities. Notices may be personally served or may be mailed to violators by registered mail provided that a copy is also posted on offending installations for a period of ten (10) days. If such installations are not removed within the ten (10) days after notice is given, the City may effect removal at the expense of the person in violation and may recover its costs and expenses therefore; and/or
3.
Bring an action for the abatement of the nuisance caused by the offending installation, and/or for the recovery of the City's costs and expenses incurred in removing the offending installation pursuant to Subsections (1) or (2), above.
9-3d-5 - Stop Work Order; Revocation of Permit.#
In the event that any person holding a Storm Water Permit pursuant to this Title violates the terms of the permit in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City may issue a stop-work order or suspend or revoke the site development, excavation, or building permit.
9-3d-6 - Enforcement Response Plan.#
Whenever the City finds that a person or entity has violated a prohibition or failed to meet a requirement of this Title, the authorized enforcement agency shall respond by following the steps outlined in the Enforcement Response Plan. The Enforcement Response Plan is intended to provide the City with a defensible enforcement policy to handle stormwater violations. This plan may be modified from time to time by the City Engineer to maintain compliance with the UPDES Permit.
9-3d-7 - Violation and Penalty.#
1.
Violation. Any person who violates any provision of this Title shall be guilty of a class B misdemeanor and shall be subject to fines as provided in Utah Code Ann. § 76-3-301, as amended, and/or imprisonment as provided in Utah Code Ann. § 76-3-204, as amended. Each day during which any violation of any of the provisions of this Title is committed, continued, or permitted, shall constitute a separate offense.
2.
Damages. If, as the result of the violation of any provision of this Title, the City or any other party suffers damage and is required to make repairs to and/or replace any materials, the cost of the repair or replacement shall be borne by the party in violation, in addition to any criminal fines and/or penalties.
3.
Other Relief. This Section shall not limit the authority of any court of competent jurisdiction to impose any other sanction or order any other relief as may be appropriate and lawful under local, State or Federal law.
9-3d-8 - Private Storm Water Facilities.#
1.
In instances on private property, or outside of City right-of-way, where utilities are proposed for collecting, conveying, detaining, or treating storm water or ground water, and said water ultimately flows into a storm drainage system located within City right-of-way, the owner(s) of said utilities shall:
a.
Be required to first submit construction drawings stamped by a licensed professional engineer that detail the proposed installation, with supporting calculations. Construction of the private utility, its discharge volumes and general function shall comply with the requirements existing codes, Kaysville City Drainage Evaluation and Design Manual, the City LID Manual, laws and regulations.
b.
Be required to obtain a Storm Water Maintenance agreement detailing the ownership and maintenance requirements prior to any land disturbance. This agreement shall be recorded with the Davis County Recorder's Office.
c.
Bear the cost and responsibility of installing and maintaining all private utilities and their connections to the City owned storm drainage system.
2.
The owner(s) of a private utility shall be liable for the private utility, its maintenance, the water within it, and any impacts from said water or utility.
3.
Any private utility that does not have a Storm Water Maintenance Agreement, but that was installed with approval from the City prior to the effective date of the ordinance from which this Chapter is derived shall be allowed to continue operating, but shall not be altered without a storm water maintenance agreement.
4.
Any private utility found to pose a significant hazard to property, public health or environmental quality, or that is found in violation of any laws or regulations regarding water quality shall be required to remedy any applicable deficiencies or halt any activities constituting or resulting in a violation of State laws or regulations, in accordance with the requirements of Subsections (a)—(c) of this Section. Failure to remedy deficiencies or halt said activities may result in the removal of the connection to the City storm drainage system and any applicable penalties.
5.
Violations of this Chapter may result in the private utility losing its ability to connect with or discharge into the storm drainage system, and may also result in penalties and fees.
(Adopted by Ord. 21-12-01 on 12/2/2021; Ord. 25-06-03, § 12, 6/19/2025)