CHAPTER 5 - STORMWATER MANAGEMENT AND REGULATION PLAN

Part of the City Code of Riverdale, UT.

Local law · Updated June 10, 2026 · 1,041 sections

The text

ARTICLE A. - STORM SEWER UTILITY#

8-5A-1: - FINDINGS:#

The city council makes the following findings regarding stormwater runoff and the city's storm sewer system: A.

The city's existing storm sewer system consists of a network of manmade and natural facilities, structures and conduits, including groundwater and aquifers, which collect and route stormwater runoff.

The city's existing storm sewer system does not adequately handle the stormwater runoff generated in the city in some locations.

The city's anticipated growth may place increased demands on the already inadequate storm sewer system.

Uncontrolled or inadequately controlled stormwater runoff may endanger the city's groundwater supply.

Uncontrolled or inadequately controlled stormwater runoff may cause erosion and property damage.

Uncontrolled or inadequately controlled stormwater runoff may hinder the city's ability to provide emergency services to its residents.

Uncontrolled or inadequately controlled stormwater runoff may impede the regular flow of traffic in the city.

Uncontrolled or inadequately controlled stormwater runoff may pose health hazards to the citizens of the community.

Stormwater runoff carries concentrations of oil, grease, nutrients, chemicals, heavy metals, toxic materials and other undesirable materials that may jeopardize the integrity of groundwaters and receiving waters, including the city's culinary water supply.

All developed properties in the city contribute to the need for the storm sewer system in varying degrees by converting natural ground cover into impervious surfaces.

All developed properties in the city make use of or benefit from the city's operation and maintenance of the storm sewer system.

The state department of environmental quality (DEQ) has determined that some of the city's stormwater sumps must be included on the prioritized contamination sources for culinary wells.

The EPA and DEQ are developing additional stormwater permitting requirements that will apply to cities.

Absent effective maintenance, operation, regulation and control, existing stormwater drainage conditions in the city constitute a potential hazard to the health, safety and general welfare of the city, its residents, and its businesses.

A storm sewer utility is the most equitable and efficient method of managing stormwater in the city and ensuring that each property in the city pays its fair share of the amount that the property contributes to, benefits from, and otherwise uses the storm sewer system.

(Ord. 829, 12-18-2012)

8-5A-2: - PURPOSE:#

The purpose of this chapter is to protect the health, safety and welfare of the city and its inhabitants by improving the city's storm sewer system, managing and controlling stormwater runoff, protecting property, preventing polluted waters from entering the city's water supply and other receiving waters, and establishing a viable and fair method of financing the construction, operation and maintenance of the storm sewer system.

(Ord. 829, 12-18-2012)

8-5A-3: - DEFINITIONS:#

The following words and phrases shall be defined as follows:

DEVELOPED PARCEL: Any parcel that has been altered from its natural condition by grading, filling, or the construction of improvements or other impervious surfaces.

EQUIVALENT RESIDENTIAL UNIT (ERU): The average amount of impervious surface, expressed in square feet, on developed single-family residential parcels in Riverdale. One ERU equals two thousand six hundred (2,600) square feet of impervious surface area.

IMPERVIOUS SURFACE: Any hard surface, other than the natural surface, that prevents or retards the absorption of water into the soil, or that causes water to run off the surface in greater quantities or at a greater rate of flow than the natural surface.

(Ord. 829, 12-18-2012)

8-5A-4: - STORM SEWER UTILITY CREATION AND OPERATION:#

Creation: The city council hereby creates and establishes a storm sewer utility as part of the city's overall sewer system. The storm sewer utility shall plan, design, construct, maintain, administer and operate the city's storm sewer system.

Enterprise Fund: The city council hereby establishes a storm sewer utility enterprise fund to handle all income, expenses and other financial transactions related to the storm sewer utility. All storm sewer utility service charges shall be deposited in the enterprise fund. Money in the storm sewer utility enterprise fund shall not be commingled with or transferred to other city funds. However, the storm sewer utility may pay other city funds for services and expenses directly attributable to the storm sewer utility. The enterprise fund shall be operated according to state law and city policy.

Facilities and Assets: The storm sewer utility shall operate independently of city operations funded by the general fund. The storm sewer utility shall have the same relationship to the city as other city utilities, such as the water utility and the sanitary sewer (wastewater) utility. Upon creation of the utility, all of the city's stormwater facilities and assets (other than streets and other facilities and assets designated by the city administrator) shall be transferred to the storm sewer utility in consideration for the storm sewer utility's agreement to take primary responsibility for planning, designing, constructing, maintaining, administering and operating the city's storm sewer system.

Administration: The storm sewer utility shall be administered by the city's public works director.

(Ord. 829, 12-18-2012)

8-5A-5: - STORM SEWER UTILITY FEE:#

Imposed: Each developed parcel of real property in the city shall be charged a storm sewer utility fee.

ERU: The fee shall be based on the number of equivalent residential units (ERUs) contained in the parcel. The city council finds that the ERU is the most accurate measurement for determining the amount that each parcel contributes to, benefits from, and otherwise uses the storm sewer utility. Based on a study completed by an independent engineer, the city council finds and establishes that one ERU equals two thousand six hundred (2,600) square feet of impervious surface area.

Calculation: The city council finds that each single-family residential parcel contributes approximately the same amount of stormwater runoff; therefore, each developed single-family residential parcel shall pay a base rate of one ERU. All nonsingle-family residential parcels shall pay a multiple of this base rate, expressed in ERUs, according to the measured impervious area on the parcel. The city council may adopt separate rates for PRDs, condominiums and other uses that are not easily handled under the standard rate schedule.

Charge Per ERU: The amount charged for each ERU shall be established by resolution of the city council.

Exemptions and Credits: The city council may establish exemptions and credits to the storm sewer utility fee by resolution.

Policies: The public works director may adopt policies, consistent with this chapter and any other resolutions passed by the city council, to assist in the application, administration and interpretation of this chapter and any resolutions related to the storm sewer utility.

Appeals: Any person or entity that believes that this article, or any storm sewer utility rate resolution, was interpreted or applied erroneously may appeal to the public works director ("director"). The appeal shall be in writing, shall state any facts supporting the appeal, and shall be made within ten (10) days of the decision, action, or bill being appealed. The director may elect to hold a hearing on the appeal. The director shall decide the appeal within ten (10) days of when the appeal is filed. If the person or entity is not satisfied with the director's decision, a further appeal may be made to the city administrator (or his or her designee). The appeal to the city administrator shall follow the same procedure as the appeal to the director. The city administrator's decision shall be final and binding on all parties.

(Ord. 829, 12-18-2012)

8-5A-6: - BILLING:#

The city council finds that the city's storm sewer system, sanitary sewer system, culinary water system, and solid waste collection system are interrelated services that are part of a unified city plan to provide for the health, safety and welfare of the city and its residents in an environmentally responsible manner. Therefore, the storm sewer utility fee shall be included on the city's regular monthly utility bill for any given property. If there is no regular utility bill for the property, the storm sewer utility fee shall be charged to the owner of the property. The fee shall be deemed a civil debt owed to the city by the person or entity paying for the city utility services provided to the property. All properties shall be charged the fee, regardless of whether or not the owner or occupant of the property requests the storm sewer utility service. Failure to pay any portion of the utility bill may result in termination of water service.

(Ord. 829, 12-18-2012)

ARTICLE B. - STORM DRAINAGE#

8-5B-1: - DEFINITIONS:#

The following words and phrases shall be defined as follows for the purpose of this article and article C, "Stormwater Construction Activity Permit", of this chapter:

BEST MANAGEMENT PRACTICES (BMPs): A wide range of management procedures, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices which have been demonstrated to effectively control the quality and/or quantity of stormwater runoff and which are compatible with the planned land use. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material storage.

CATCH BASIN: A drain inlet designed to keep out large or obstructive matter.

DEBRIS: Any dirt, rock, sand, vegetation, rubbish or litter.

DETENTION BASIN: A depression designed to detain stormwater runoff until downstream storm sewer resources are less heavily taxed. A detention basin contains an inlet and an outlet, allows debris to settle out, and regulates water flow.

DEVELOPMENT: Any manmade change to improved or unimproved real estate, but not limited to, site preparation, filling, grading, paving, excavation, and construction of buildings or other structures.

DIRECTOR: The public works director of Riverdale City or his/her duly appointed designee, agent, or representative.

DISTURB: To alter the physical condition, natural terrain or vegetation of land by clearing, grubbing, grading, excavating, filling, building or other construction activity.

DRAIN INLET: A point of entry into a sump, detention basin, or storm drain system.

HAZARDOUS MATERIAL: 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 presence or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Hazardous material includes, but is not limited to: any hazardous substance designated under 40 CFR part 116 pursuant to section 311 of the clean water act.

ILLICIT CONNECTION: Means either of the following: A.

Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system. Examples include, but are not limited to, any conveyances which allow nonstormwater discharge such as sewage, process wastewater, or wash water to enter the storm drain system, and any connections to the storm drain system from indoor drains or sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

Any drain or conveyance connected to or discharging to the storm drain system, which has not been: 1) documented in plans, maps, or equivalent records submitted to the city; and 2) approved in writing by the city.

ILLICIT DISCHARGE: Any nonstormwater discharge to the storm sewer system. Illicit discharges include both direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm sewer system) and indirect connections (e.g., infiltration into the storm sewer system or spills collected by drain inlets).

LAND DEVELOPMENT: Any development of a parcel, lot, subdivision plat, or site plan. If there is more than one lot in the subdivision plat or site plan, all lots in the subdivision plat or site plan shall jointly be considered to be part of the land development.

LOW IMPACT DEVELOPMENT: Land planning and engineering design approach to managing stormwater runoff. LID emphasizes conservation and use of on site natural resources to protect water quality. This approach implements engineered small scale hydrologic controls to replicate the predevelopment hydrologic regime of watersheds through infiltration, filtering, storing, evaporating and retaining runoff close to its source.

NONSTORMWATER RUNOFF: Any runoff other than stormwater.

PERSON: Any individual, corporation, partnership, association, company or body politic, including any agency of the state of Utah and the United States government.

POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal and agricultural waste, paints, varnishes, and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residue that result from constructing a building or structure (including, but not limited to, sediments, slurries, and concrete resonates); and noxious or offensive matter of any kind.

REDEVELOPMENT: Alterations of a property that change the footprint of a site or building. Exterior building alterations of less than two thousand (2,000) square feet, that have minimal impact on stormwater and all interior alterations are not considered redevelopment for purposes of requiring a storm sewer connection permit.

STORM DRAIN: A closed conduit for conducting collected stormwater.

STORM SEWER SYSTEM: The system of conveyance (including sidewalks, roads with drainage systems, municipal streets, catch basins, detention basins, curbs, gutters, ditches, manmade channels, sumps, storm drains, and groundwater) owned and operated by the city, which is designed and used for collecting or conveying stormwater. The storm sewer system is also referred to as a "municipal separate storm sewer system" or "MS4".

STORMWATER: Any flow that occurs during or following any form of natural precipitation. Stormwater includes only the portion of such flow that is composed of precipitation.

STORMWATER RUNOFF: Water that is generated by stormwater flows over land.

SUMP: A formalized underground structure, surrounded by drain rock, which acts as a detention basin to allow the slow release of water into the surrounding subsoil. Sumps usually receive stormwater runoff from paved areas such as streets, parking lots, building roofs, etc.

(Ord. 829, 12-18-2012; amd. Ord. 884, 3-7-2017)

8-5B-2: - PROHIBITED OBSTRUCTIONS:#

It is unlawful for any person to:

Obstruct the flow of water in the storm sewer system.

Contribute to the obstruction of the flow of water in the storm sewer system.

Cover or obstruct any drain inlet.

The following obstructions are exempt from the prohibitions of this section:

Street and/or storm sewer improvement projects authorized by the city.

Flood control and prevention activities performed by the city.

Obstructions approved by the city as part of a site's stormwater drainage plan.

Obstructions occurring during cleanup periods established by the city, provided that the materials are placed according to city directions and do not obstruct drain inlets.

(Ord. 829, 12-18-2012)

8-5B-3: - PROHIBITED DISCHARGES:#

It is unlawful for any person to cause or allow an illicit discharge to the storm sewer system.

It is unlawful to discharge spills, illicit connections, illegal dumping, and sanitary sewer overflows into the stormwater system.

The following discharges to the storm sewer system are exempt from the prohibitions of this section:

Discharges regulated under a valid national pollutant discharge elimination system (NPDES) storm discharge permit, provided that the discharge complies with the terms of the permit.

Discharges from water line flushing performed by the city.

Discharges from sprinkled landscape irrigation or sprinkled lawn watering.

Discharges from individual residential car washing, provided that a biodegradable detergent is used.

Discharges from natural riparian habitat or wetland flows.

Discharges from natural groundwater flows.

Discharges from air conditioning condensation.

Discharges from emergency firefighting or emergency management activities.

Discharges from swimming pools constructed prior to April 10, 1990.

10.

Discharges from foundation drains, footing drains, or crawl space or basement pumps if the discharges have been approved in writing by the city.

11.

Discharges allowed by a Riverdale City storm sewer connection permit.

(Ord. 829, 12-18-2012)

8-5B-4: - PROHIBITED STORAGE AND LITTERING:#

It is unlawful for any person to maintain, store, keep, deposit or leave any pollutant or hazardous material, or any item containing a pollutant or hazardous material, in a manner that is likely to result in the discharge of the pollutant or hazardous material to the storm sewer system.

(Ord. 829, 12-18-2012)

8-5B-5: - STORM SEWER CONNECTION PERMIT:#

Permit Required: No person shall connect to the city's storm sewer system, either directly or indirectly, without first obtaining a storm sewer connection permit from the city.

When Permit Required: Any person beginning new construction (development of an undeveloped parcel) or "redevelopment" (as defined in this article) in the city shall obtain a storm sewer connection permit before commencing construction.

Application: The applicant for a storm sewer connection permit shall submit the following to the city:

Application Form: A completed application form. Application forms will be available at the Riverdale community development department.

BMP Plan: A plan incorporating stormwater BMPs that meet the requirements of section8-5B-6 of this article.

Maintenance Plan: A plan outlining how the applicant will maintain the stormwater improvements listed in the application. The design and planning of all stormwater management facilities shall include detailed maintenance and repair procedures to ensure their continued performance. The plans will identify the parts or components of a stormwater management facility that need to be maintained and the equipment and skills or training necessary. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. An inspection schedule shall be included, providing the recommended inspection intervals for all major components of the stormwater management facility. Inspections shall be conducted at least annually. A permanent elevation bench mark shall be identified in the plans to assist in the periodic inspection of the facility.

Maintenance Easement: The applicant must ensure access to the site for the purpose of inspection and repair by securing all the maintenance easements needed. These easements must be binding on the current property owner and all subsequent owners of the property and must be properly recorded in the land record.

Maintenance Agreement: The owner of the property to be served by an on site stormwater management facility must execute an inspection and maintenance agreement that shall operate as a deed restriction binding on the current property owner and all subsequent property owners. The maintenance agreement shall:

Assign responsibility for the maintenance and repair of the stormwater facility to the owner of the property upon which the facility is located and be recorded as such on the plat for the property by appropriate notation.

Provide for a periodic inspection by the property owner for the purpose of documenting maintenance and repair needs and ensure compliance with the purpose and requirements of this chapter. The property owner will arrange for this inspection to be conducted by a registered professional engineer licensed to practice in the state of Utah who will submit a sealed report of the inspection to the public works department. It shall also grant permission to the city to enter the property at reasonable times and to inspect the stormwater facility to ensure that it is being properly maintained.

Provide that the minimum maintenance and repair needs include, but are not limited to, the removal of silt, litter and other debris, the cutting of grass, grass cutting and vegetation removal, and the replacement of landscape vegetation, in detention and retention basins, and inlets, and drainage pipes and any other stormwater facilities. It shall also provide that the owner shall be responsible for additional maintenance and repair needs consistent with the needs and standards outlined in the maintenance plan.

Provide that the maintenance needs must be addressed in a timely manner, on a schedule to be determined by the public works department.

Provide that if the property is not maintained or repaired within the prescribed schedule, the public works department shall have the maintenance and repair done at its expense and bill the same to the property owner. The maintenance agreement shall also provide that the public works department cost of performing the maintenance shall be a lien against the property.

The municipality shall have the discretion to accept the dedication of any existing or future stormwater management facility, provided such facility meets the requirements of this chapter, and includes adequate and perpetual access and sufficient areas, by easements or otherwise, for inspection and regular maintenance. Any stormwater facility accepted by the municipality must also meet the municipality's construction standards and any other standards and specifications that apply to the particular stormwater facility in question.

Stormwater Management Plan: A stormwater management plan providing for stormwater management during the land disturbing activity and after the activity has been completed.

Fee: A fee in an amount set by resolution of the city council.

Application: The application shall be submitted to the city's community development department.

Review: The storm sewer connection permit application shall be reviewed by the storm sewer utility manager and either approved, approved with conditions, or denied. Either the permit applicant or the city may appeal the storm sewer utility manager's decision to the public works director. The appeal shall be made according to procedures established by the public works department.

Factors: When deciding whether to approve, conditionally approve, or deny a storm sewer connection permit application, the following factors shall be considered:

Whether the application complies with applicable city ordinances and policies.

Whether the application complies with the Riverdale City storm drainage master plan.

Whether the proposed connection incorporates best management practices.

Whether the proposed connection introduces pollutants into the storm drain system.

Whether the proposed connection creates a safety hazard.

Whether the proposed connection affects the integrity of the storm sewer system infrastructure.

Whether the proposed connection endangers the city's drinking water.

Whether the applicant has submitted a maintenance plan ensuring the proper maintenance and upkeep of the applicant's connection and on site stormwater improvements.

Failure: Failure to construct or maintain stormwater improvements in accordance with an approved storm sewer connection permit shall be a violation of this article.

As Builts: Any person connecting to the storm sewer system shall provide the city's storm sewer utility with "as built" plans showing the details and the location of the connection. The plans shall be in a format that is acceptable to the city.

Rate: Connections to the storm sewer system shall be designed so that the discharge to the storm sewer system does not exceed two-tenths (0.2) cubic foot per second per acre.

Exempt Connections: The following connections to the storm sewer system are exempt from the permitting requirements of this section:

Connections from single-family residences provided that the runoff from the residences is handled according to a plat or site plan approved by the city. However, any person desiring to use a basement pump, foundation drain, or other related fixture directly or indirectly connecting to the storm sewer system must obtain a storm sewer connection permit.

Connections made by the city.

(Ord. 829, 12-18-2012)

8-5B-6: - BEST MANAGEMENT PRACTICES:#

Any person connecting to the storm sewer system or developing a commercial or industrial site shall employ best management practices (BMPs) approved by the city. Consideration should be given to LIDs. The city shall adopt a policy establishing a menu of BMPs that may be used to satisfy this requirement. The BMPs may be structural and/or nonstructural, depending on the needs of the site. The BMPs shall be designed to ensure that the quality and quantity of stormwater released to the city's storm sewer system meets the requirements of federal, state and local laws and regulations and the city's NPDES permit, and will not exceed the designed capacity of the storm sewer system or jeopardize the integrity of the storm sewer system. BMPs shall include documentation for the selected long term BMP for the anticipated performance levels, sizing, installation requirements, operation, and maintenance.

(Ord. 829, 12-18-2012)

8-5B-7: - EASEMENTS:#

The director may enter all private properties through which the city holds an easement for the purposes of inspecting, observing, measuring, sampling, repairing or maintaining any portion of the storm sewer facilities lying within the easement, or the performance of any other duties pertinent to the operation of the storm sewer system. All entry and subsequent work, if any, on an easement, shall be completed according to any special terms of the easement.

(Ord. 829, 12-18-2012)

8-5B-8: - PROPER OPERATION AND MAINTENANCE:#

All long term structural BMPs shall be properly installed and maintained. The owner of the BMP shall be required to enter into a maintenance agreement with the city to establish the minimum operating and maintenance requirements for the given BMP. As a minimum, this agreement will require that annual inspections of the BMP be conducted and that the BMP be maintained to ensure that the BMP can effectively perform its function, in accordance with the manufacturer's specifications, and good engineering practices. All inspection and maintenance requirements shall be recorded with the property and shall be transferred with the property to any new owners and/or lessees.

Should the owner of the property fail to meet the requirements of proper operation and maintenance of the BMP, the city shall notify the owner in writing of the deficiencies. If the property owner fails to correct the deficiencies within the specified time frame, the city may enter the premises at all reasonable times to perform the required maintenance. All costs and expenditures needed to perform this maintenance shall be the sole responsibility of the owner.

(Ord. 829, 12-18-2012)

8-5B-9: - AUTHORITY TO INSPECT:#

Whenever necessary to make an inspection to enforce any provision of this article, or whenever the city has cause to believe that there exists, or potentially exists, a condition which constitutes a violation of this article, the city may enter the premises at all reasonable times to inspect the same and to inspect and copy records related to stormwater compliance. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the city is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Ord. 829, 12-18-2012)

8-5B-10: - REQUIREMENT TO MONITOR AND ANALYZE:#

If city tests or inspections indicate that a site is causing or contributing to stormwater pollution, illegal discharges, and/or nonstormwater discharges to the storm sewer system or waters of the United States, and if the violations continue after notice from the city, the city may require any person engaged in the illicit activity and/or the owner or operator of the site to provide, at their own expense, monitoring and analyses required by the city to determine compliance with this article.

(Ord. 829, 12-18-2012)

8-5B-11: - NOTICE OF VIOLATION:#

Whenever the city finds that a person has violated a prohibition or failed to comply with a requirement of this article, the city will order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

The performance of monitoring, analyses, and reporting;

The elimination of illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist;

The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;

Payment to cover administrative, remediation, monitoring, analyses, and reporting costs; and

The implementation of source control or treatment BMPs.

The city may skip the notice requirements set forth in this section and immediately proceed with criminal and/or civil action against the violator if: 1) the violator has committed the same violation in the past; or 2) the violation, in the opinion of the city, creates a serious risk to persons, the environment or property; or 3) the city deems the violation to constitute an emergency.

(Ord. 829, 12-18-2012)

8-5B-12: - DAMAGE TO STORM SEWER SYSTEM OR IRRIGATION LINES:#

Any person who damages any portion of the storm sewer system, a city owned irrigation line, or a city maintained irrigation line shall be responsible for repairing the damages. The damages shall be repaired by a licensed contractor bonded to do work in the city and shall be repaired in accordance with the city's construction standards and specifications. It is unlawful to remove or alter any portion of the storm sewer system without permission from the director.

(Ord. 829, 12-18-2012)

8-5B-13: - MANHOLE COVERS:#

It shall be unlawful to open any storm sewer manhole or other storm sewer fixture (such as grates, lids or inlets) without permission from the director.

(Ord. 829, 12-18-2012)

8-5B-14: - DRINKING WATER PROTECTION:#

All stormwater and nonstormwater discharges shall comply with the city's drinking water source protection ordinance.

(Ord. 829, 12-18-2012)

8-5B-15: - VIOLATION AND PENALTY:#

Enforcement Authority: The public works director or his designees shall have the authority to issue notices of violation, stop work orders, and citations, and to impose the civil penalties provided in this section.

With the issuances of a stormwater permit, the public works director or his designees shall be permitted to enter and inspect facilities subject to this chapter at all reasonable times and as often as necessary to determine compliance. Failure to comply with terms of this chapter may result in punitive actions by Riverdale City ordinance enforcement, Weber County health department, or by other means identified in permits or terms set forth in development applications.

Notice of Violation: The violation of any provision of this article is a class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.

Written Notice: Whenever the inspector finds that any permittee or any other person discharging stormwater has violated or is violating this chapter, permit, or order issued hereunder, the inspector may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the director. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

Consent Orders: The public works director is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken.

Show Cause Hearing: The director may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action, and the reason for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail at least ten (10) days prior to the hearing.

Compliance Order: When the director finds that any person has violated or continues to violate this chapter or a permit or order issued thereunder, he/she may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed or procedures implemented and properly operated to fix the violation. Orders may also contain other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

Cease and Desist Orders: When the public works director finds that any person has violated or continues to violate this chapter or any permit or order issue hereunder, the director may issue an order to cease and desist all such violations and direct those persons in noncompliance to comply forthwith or take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating discharge.

Conflicting Standards: Whenever there is conflict between any standard contained in this chapter and in the BMP manual adopted by the municipality under this chapter, the strictest standard shall prevail.

Violations: Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the public works director, shall be guilty of a class C misdemeanor.

Penalties: Under the authority provided in Utah Code Annotated 4-2-1, the municipality declares that any person violating the provisions of this chapter may be assessed a class C misdemeanor by the city of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation.

Measuring Civil Penalties: In assessing a civil penalty, the public works director may consider:

The harm done to the public health or the environment.

Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity.

The economic benefit gained by the violator.

The amount of effort put forth by the violator to remedy this violation.

Any unusual or extraordinary enforcement costs incurred by the municipality.

The amount of penalty established by ordinance or resolution for specific categories of violations.

Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

Recovery of Damages and Costs: In addition to the civil penalty in subsection E2 of this section, the municipality may recover all damages proximately caused by the violator to the municipality, which may include reasonable expenses incurred in investigating violations of, and enforcing compliance with, this chapter, or any other actual damages caused by the violation. The cost of the municipality's maintenance of the stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.

Other Remedies: The municipality may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.

Remedies Cumulative: The remedies set forth in this section shall be cumulative, not exclusive, and shall not be defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted.

Repair of Damages: If, as the result of the violation of any provision of this article, the city or any other party suffers damages and is required to make repairs and/or replacement shall be borne by the violating party and shall be in addition to any criminal or civil fines and/or penalties.

Subject to Prosecution by State and EPA: Violators of this article may also be subject to prosecution, fines and penalties from the state of Utah and the United States EPA.

(Ord. 829, 12-18-2012)

8-5B-16: - COMPLIANCE WITH FEDERAL AND STATE LAW:#

Nothing in this article shall be interpreted to relieve any person from an obligation to comply with an applicable federal, state or local law relating to stormwater discharges or drinking water protection.

(Ord. 829, 12-18-2012)

ARTICLE C. - STORMWATER CONSTRUCTION ACTIVITY PERMIT#

8-5C-1: - PURPOSE AND INTENT:#

The purpose of this article is to prevent the discharge of sediment and other construction related pollutants from construction sites. Sediment and debris from construction sites are a major source of pollution to waterways and water systems located within the city and surrounding areas. Each year, stormwater runoff carries tons of sediment from construction sites into local drainage systems, irrigation systems, canals, rivers, and lakes. Sediment from stormwater runoff also clogs and obstructs storm drains, culverts, and canals and causes damage to private property, wildlife habitat and water quality.

(Ord. 829, 12-18-2012)

8-5C-2: - WHEN REQUIRED:#

A Riverdale City stormwater construction activity permit is required before any person or entity may excavate, grub and clear, grade, or perform any type of construction activity that will disrupt or cause a change in the natural landscape upon any of the following types of property located within the city:

One Acre or More: Any parcel, lot or land development which is equal to or greater than one acre (43,560 square feet) in size. A subdivision development greater than or equal to one acre in size qualifies under this subsection even if each of the individual lots in the subdivision is smaller than one acre.

Common Plan of Development: Any parcel, lot, or land development smaller than one acre in size if it is part of a larger common plan of development that is equal to or greater than one acre in size.

Less than One Acre: Any parcel, lot or land development smaller than one acre in size, if any portion of the parcel, lot or land development lies within the area known as Hillside special use district, or areas known to be erosion sensitive areas.

Special Concern Areas: Any parcel, lot or land development for which the city determines that because of the nature or type of the parcel, lot or development, disturbance of the land is likely to result in erosion or the transport of sediment off of the site by stormwater to a degree substantially greater than that which would occur under natural landscape conditions.

(Ord. 829, 12-18-2012)

8-5C-3: - APPLICATION:#

Any person or entity desiring a stormwater construction activity permit must first file an application with the community development department. The application may be submitted independently, or as part of an application for a preliminary site plan approval, site plan approval, or building permit. A.

Content: The application shall include a stormwater pollution prevention plan which meets the criteria set forth in section 8-5C-4 of this article.

Timing: The applicant shall file the application on or before the following dates:

Subdivision: The date that the applicant submits the preliminary subdivision plat application if the applicant proposes to develop a subdivision.

Site Plan: The date that the applicant submits a site plan application if the applicant proposes to develop a site plan or amended site plan.

Building Permit: The date that the applicant submits a building permit application if the applicant proposes to construct a building on an existing lot or parcel.

Other: At least two (2) weeks before the developer intends to perform any type of work not listed above that would require a stormwater construction activity permit pursuant to this article.

Compliance: If an applicant's development comes under more than one of the categories listed above, then the applicant shall submit the stormwater construction activity permit application on the earliest of the listed dates. Failure to comply with the application dates set forth above is not a criminal offense, but may delay the applicant's project. Failure to acquire a required stormwater construction activity permit is grounds for denying a related subdivision application, site plan application, conditional use permit application, or building permit application. It is unlawful to commence work (move dirt) on a development site before obtaining a required stormwater construction activity permit.

Fee: The applicant for a stormwater construction activity permit shall pay a fee in an amount set by resolution of the city council.

Application Approval: The storm sewer utility manager or designee shall approve the application and grant the permit if the application is complete and meets the criteria set forth in section 8-5C-4 of this article. The storm sewer utility manager shall deny the application or approve the application with conditions if he or she determines that the measures proposed in the plan fail to meet the criteria set forth in section 8-5C-4 of this article. Conditions the storm sewer utility manager may impose in connection with the approval of a permit include, but are not limited to, the establishment of specific measures and controls to prevent erosion and the discharge of sediment, debris and other construction related pollutants from the site by stormwater.

Term: Unless otherwise revoked or suspended, a stormwater construction activity permit shall be in effect for the full period of the construction activity. The construction activity will not be considered to be completed until the following events occur:

Subdivisions: For permits associated with a subdivision plat approval:

The permittee must complete all required subdivision improvements; and

One of the following events must occur:

(1)

The city issues a final certificate of occupancy for each lot in the subdivision, or

(2)

Individual stormwater construction activity permits have been issued for each lot in the subdivision not having a final occupancy permit, or

(3)

The property has been stabilized as defined in the Utah pollutant discharge elimination system (UPDES) stormwater general permit for construction activities.

Site Plans: For permits associated with a site plan approval, the date that the permittee has completed all required landscaping and all outside construction work associated with the site plan.

Building Permits: For permits associated with a building permit application, the date that the city issues a final occupancy permit for the structure covered by the building permit.

Other: For permits issued that are not tied to other approvals from the city, the date that the permittee has completed all work associated with the permit and takes steps required by the permit to prevent further erosion and runoff from the site.

Termination: No stormwater construction activity permit shall be considered terminated until the permittee submits a notice of termination of construction activity permit ("notice") to the city and the notice is accepted by the city. The city shall accept the notice if the permittee has met the requirements of the permit and this article. The permittee shall keep and maintain all permit required improvements on the site until the city accepts the notice.

Amendments: In the event that the proposed construction activity for a site to which a permit pertains to is materially altered from that described in an original plan in a way that may have a significant impact upon the effectiveness of the measures and controls described in the original plan, the permittee shall file an amended stormwater pollution prevention plan which meets the criteria set forth in section 8-5C-4 of this article.

(Ord. 829, 12-18-2012)

8-5C-4: - STORMWATER POLLUTION PREVENTION PLAN:#

Required Information: The stormwater pollution prevention plan (the "plan") shall comply with all the requirements outlined in the latest update for the Utah stormwater general permit for construction activities and shall contain the following information:

Site Description: A site description (including a map with spot elevations and contour lines) which includes a description of the nature and location of the construction activity, a description of the intended sequence of major activities which will disturb soils for major portions of the site (e.g., grubbing, excavation, grading, utilities, and infrastructure installation, etc.) and estimates of the total area of the site and the total area of the site that is expected to be disturbed by excavation, grading, or other activities.

Control Description: A description of the proposed measures and controls that will be implemented during construction activity and/or while the site is not stable. The plan must clearly describe the times during the construction process that the measures will be implemented for each major activity identified pursuant to this subsection A. The plan shall also state the name and phone number of the person or entity responsible for implementation of each control measure.

Goals and Criteria: The proposed measures and controls described in the plan shall be designed to meet the following goals and criteria:

Prevention or Minimize Discharge: The proposed measures and controls shall be designed to prevent or minimize, to the maximum extent practicable, the discharge of sediment, debris and other construction related pollutants from the construction site by stormwater runoff into the storm drainage system.

Prevent or Minimize Construction Debris: The proposed measures and controls shall be designed to prevent or minimize, to the maximum extent practicable, the deposit, discharge, tracking by construction vehicles, or dropping of mud, sediment, debris or other potential pollutants onto public streets and rights-of-way. Any such discharge shall be cleaned up and removed immediately upon notification to the permittee or when it otherwise comes to the attention of the permittee. At a minimum, the deposit or discharge shall be cleaned and removed at the end of the work shift in which the deposit occurred, or at the end of the workday, whichever comes first.

BMPs: The proposed measures and controls shall consist of best management practices (BMPs) available at the time that the plan is submitted. BMPs may include, but shall not be limited to, temporary silt or sediment fences, sediment traps and detention ponds, gravel construction entrances and wash down pads to reduce or eliminate off site tracking, establishment of temporary grasses and permanent vegetative cover, erosion control blankets, temporary inceptor dikes and swales, storm drain inlet protection, check dams, subsurface drains, pipe slope drains, level spreaders, rock outlet protection, reinforced soil retaining systems, and gabions.

Stabilization: The proposed measures and controls shall be designed to preserve existing vegetation, where possible. Disturbed portions of the site shall be stabilized. Stabilization practices may include temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. Use of impervious surfaces for stabilization should be avoided. Stabilization measures shall be initiated as soon as practicable in disturbed portions of the site where construction activities have temporarily or permanently ceased, but in no case more than fourteen (14) days after the construction activity in that portion of the site has temporarily or permanently ceased, except under the following circumstances:

If the initiation of stabilization measures by the fourteenth day after construction activity temporarily or permanently ceases is precluded by snow cover or frozen ground conditions, stabilization measures shall be initiated as soon as practicable; or

If construction activity on a portion of the site is temporarily ceased, and earth disturbing will resume within twenty-one (21) days, temporary stabilization measures need not be initiated on that portion of the site.

Minimize Risk of Discharge of Other Materials: The proposed measures and controls shall be employed to minimize the risk of discharge of construction related pollutants (such as paint, thinners, solvents and other chemicals) from the construction site. Such measures may include implementation of storage practices to minimize exposure of the material to stormwater as well as spill prevention and response.

(Ord. 829, 12-18-2012)

8-5C-5: - PROPER OPERATION AND MAINTENANCE:#

The recipient of a stormwater construction activity permit (the permittee) shall install the erosion and sediment control measures required by the approved stormwater pollution prevention plan before commencing any construction activity on the site to which the plan applies or at such times indicated in the plan. The erosion and sediment control measures shall be properly installed and maintained in accordance with the permit, the manufacturer's specifications, and good engineering practices. The permittee shall maintain such measures on the site until the city accepts the termination of the permit pursuant to subsection 8-5C-3G of this article.

(Ord. 829, 12-18-2012)

8-5C-6: - INSPECTION AND ENTRY:#

The permittee shall allow any authorized employees and representatives of the city, representatives of the state of Utah division of water quality, and representatives of the EPA, to enter the site to which a permit applies at any time and to inspect the erosion and sediment control measures maintained by the permittee. The permittee shall also allow inspection of any records pertaining to the conditions of the permit.

(Ord. 829, 12-18-2012)

8-5C-7: - REVOCATION OR SUSPENSION:#

Causes: A stormwater construction activity permit may be revoked or suspended by the director upon the occurrence of any one of the following events:

Failure of a permittee to comply with the plan or any condition of the permit; or

Failure of a permittee to comply with any provision of this article or any other applicable law, ordinance, rule or regulation related to stormwater; or

A determination by the director that the erosion and sediment control measures implemented by a permittee pursuant to the plan are inadequate to prevent or minimize, to the maximum extent practicable, the discharge of sediment, debris or other pollutants from the construction site by stormwater.

Notice: The city shall mail a permittee written notice of noncompliance before revoking or suspending a permit. The notice shall state the location and nature of the noncompliance and shall also specify what action is required for the permittee to avoid revocation or suspension of the permit. The notice shall allow the permittee a reasonable time to take the necessary corrective action to avoid revocation or suspension of the permit which time, in the absence of exceptional circumstances, shall not be less than ten (10) nor more than thirty (30) days. The notice shall be mailed to the address listed for the permittee in the application. If the permittee fails to correct the problems identified in the notice during the time specified in the notice, the director may suspend or revoke the permit by mailing or delivering written notice of the suspension or revocation to the permittee. The permittee may appeal a suspension or revocation of the permit pursuant to the appeal procedure set forth in section 8-5C-10 of this article.

Exceptional Circumstances: For purposes of this section, "exceptional circumstances" include, but are not limited to, situations which involve a risk of injury to persons, damage to storm drain facilities, or damage to other property or the environment. The city may take any steps the city deems necessary to alleviate any such "exceptional circumstances" as defined above, and may bill the owner, developer, or contractor responsible for creating the exceptional circumstances for the cost of alleviating said circumstances.

Stop Work Order: A stop work order may be issued upon the revocation or suspension of a permit, or upon the discovery of work being conducted without a required permit. The stop work order may be issued by inspectors in the public works department or the community development department. No construction activity may be commenced or continued on any site for which a permit has been revoked or suspended until the permit has been reinstated or reissued.

Reinstatement: A stormwater construction activity permit may be reinstated or reissued upon compliance with all provisions of this article and all permit conditions, or in the case of a suspension for reasons provided in subsection A3 of this section, upon the filing of an amended stormwater pollution prevention plan which is designed to correct the deficiencies of the original plan.

(Ord. 829, 12-18-2012)

8-5C-8: - VIOLATIONS AND ENFORCEMENT:#

The violation of any of the provisions of this article shall be a class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.

Violators of this article are also subject to any penalties that may be imposed by the state of Utah, under the authority of the Utah water quality act, title 19, chapter 5 of the Utah code.

In addition to any criminal fines and/or penalties which may be assessed for a violation of this article, the city shall have the right to issue a stop work order or to install and/or maintain appropriate erosion and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed as required by this article. The city shall have the right to have such measures installed or maintained by city personnel or to hire a private contractor to perform such work and the contractor and/or the property owner shall be liable for any and all expenses related to performing such work plus a twenty-five percent (25%) penalty charge. The city may assess said charges against the bond posted by the contractor and/or property owner.

Violators of this article may also be subject to prosecution, fines and penalties from the state of Utah and the United States EPA.

(Ord. 829, 12-18-2012)

8-5C-9: - EXEMPTIONS:#

The following activities are exempt from the requirements of this article: A.

Actions by a public utility, the city, or any other governmental entity to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic;

Actions by any other person when the city determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic;

Construction activities which disturb less than five hundred (500) square feet of land surface area, or which consist of the excavation and/or fill of less than twenty (20) cubic yards of material;

Landscape maintenance activities on fully developed properties, necessary to maintain the existing developed landscape; and

Bona fide agricultural and farming operations which constitute the principal use of any lot or tract of ground located within the city and which meet the requirements of the zoning code of the city.

(Ord. 829, 12-18-2012)

8-5C-10: - APPEAL:#

An applicant for a stormwater construction activity permit or a permittee of a stormwater construction activity permit may appeal any decision or directive made by the city or its representatives pursuant to this article. The party desiring to appeal shall file a notice of appeal with the city recorder within ten (10) days of the decision or directive being appealed. The notice of appeal shall contain the following information:

The appellant's name, address and daytime telephone number;

A short statement describing the basis for the appeal; and

The relief sought by the appellant.

Upon receipt of the notice of appeal, the city recorder shall set a date for an informal hearing to consider the appeal. The informal hearing shall be conducted before the city hearing officer in accordance with policies established by the city administrator. The city hearing officer shall uphold the decision or directive being appealed unless the city's hearing officer finds that there has been an error in the interpretation or implementation of this article. The city hearing officer shall render a decision on the appeal within ten (10) days of the informal hearing with the appellant. The city hearing officer shall have authority to affirm, reverse or modify any decision or directive appealed pursuant to this section.

(Ord. 829, 12-18-2012)

8-5C-11: - COMPLIANCE WITH FEDERAL AND STATE LAW:#

Nothing contained in this article is intended to relieve any person or entity from any obligation to comply with applicable federal and state laws and regulations pertaining to clean water and/or stormwater runoff.

(Ord. 829, 12-18-2012)