The text
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
B.
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:#
A.
It is unlawful for any person to:
1.
Obstruct the flow of water in the storm sewer system.
2.
Contribute to the obstruction of the flow of water in the storm sewer system.
3.
Cover or obstruct any drain inlet.
B.
The following obstructions are exempt from the prohibitions of this section:
1.
Street and/or storm sewer improvement projects authorized by the city.
2.
Flood control and prevention activities performed by the city.
3.
Obstructions approved by the city as part of a site's stormwater drainage plan.
4.
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:#
A.
It is unlawful for any person to cause or allow an illicit discharge to the storm sewer system.
B.
It is unlawful to discharge spills, illicit connections, illegal dumping, and sanitary sewer overflows into the stormwater system.
C.
The following discharges to the storm sewer system are exempt from the prohibitions of this section:
1.
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.
2.
Discharges from water line flushing performed by the city.
3.
Discharges from sprinkled landscape irrigation or sprinkled lawn watering.
4.
Discharges from individual residential car washing, provided that a biodegradable detergent is used.
5.
Discharges from natural riparian habitat or wetland flows.
6.
Discharges from natural groundwater flows.
7.
Discharges from air conditioning condensation.
8.
Discharges from emergency firefighting or emergency management activities.
9.
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:#
A.
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.
B.
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.
C.
Application: The applicant for a storm sewer connection permit shall submit the following to the city:
1.
Application Form: A completed application form. Application forms will be available at the Riverdale community development department.
2.
BMP Plan: A plan incorporating stormwater BMPs that meet the requirements of section8-5B-6 of this article.
3.
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.
4.
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.
5.
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:
a.
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.
b.
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.
c.
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.
d.
Provide that the maintenance needs must be addressed in a timely manner, on a schedule to be determined by the public works department.
e.
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.
f.
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.
6.
Stormwater Management Plan: A stormwater management plan providing for stormwater management during the land disturbing activity and after the activity has been completed.
7.
Fee: A fee in an amount set by resolution of the city council.
D.
Application: The application shall be submitted to the city's community development department.
E.
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.
F.
Factors: When deciding whether to approve, conditionally approve, or deny a storm sewer connection permit application, the following factors shall be considered:
1.
Whether the application complies with applicable city ordinances and policies.
2.
Whether the application complies with the Riverdale City storm drainage master plan.
3.
Whether the proposed connection incorporates best management practices.
4.
Whether the proposed connection introduces pollutants into the storm drain system.
5.
Whether the proposed connection creates a safety hazard.
6.
Whether the proposed connection affects the integrity of the storm sewer system infrastructure.
7.
Whether the proposed connection endangers the city's drinking water.
8.
Whether the applicant has submitted a maintenance plan ensuring the proper maintenance and upkeep of the applicant's connection and on site stormwater improvements.
G.
Failure: Failure to construct or maintain stormwater improvements in accordance with an approved storm sewer connection permit shall be a violation of this article.
H.
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.
I.
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.
J.
Exempt Connections: The following connections to the storm sewer system are exempt from the permitting requirements of this section:
1.
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.
2.
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:#
A.
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.
B.
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:#
A.
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:
1.
The performance of monitoring, analyses, and reporting;
2.
The elimination of illicit connections or discharges;
3.
That violating discharges, practices, or operations shall cease and desist;
4.
The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5.
Payment to cover administrative, remediation, monitoring, analyses, and reporting costs; and
6.
The implementation of source control or treatment BMPs.
B.
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:#
A.
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.
1.
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.
B.
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.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
C.
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.
D.
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.
E.
Measuring Civil Penalties: In assessing a civil penalty, the public works director may consider:
1.
The harm done to the public health or the environment.
2.
Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity.
3.
The economic benefit gained by the violator.
4.
The amount of effort put forth by the violator to remedy this violation.
5.
Any unusual or extraordinary enforcement costs incurred by the municipality.
6.
The amount of penalty established by ordinance or resolution for specific categories of violations.
7.
Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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)