Chapter 6

Stormwater Management And Discharge Control

10-6-1: Title, Purpose And General Provisions

10-6-1-1: Title

This chapter shall be known as the BOISE CITY STORMWATER MANAGEMENT AND DISCHARGE CONTROL ORDINANCE and may be so cited. (1952 Code § 8-15-01.01)

10-6-1-2: Purpose And Intent

A. Specified: The purpose and intent of this chapter is to:

1. Protect and enhance the water quality of our watercourses, water bodies, groundwater and wetlands in a manner pursuant to and consistent with the Clean Water Act.

2. Control nonstormwater discharges to storm drains and reduce pollutants in stormwater discharges.

3. Provide design, construction, operation and maintenance criteria for permanent and temporary on site stormwater management facilities to control stormwater runoff.

4. Encourage the recharge of groundwater, where appropriate, and prevent the degradation of groundwater quality.

B. Further Regulation: Discharges into the municipal separate storm sewer system (MS4) may be subject to further regulation by the U.S. Environmental Protection Agency and local agencies owning and operating an MS4. Local agencies owning and operating portions of the MS4 in the City include, but are not limited to: the Ada County Highway District, Ada County Drainage District 3, Boise State University, and the Idaho Department of Transportation District 3. (1952 Code § 8-15-01.02)

10-6-1-3: Definitions

The terms as used in this chapter shall have the following meanings:

AUTHORIZED ENFORCEMENT AGENT: The Director of Public Works and/or any individual designated by the Director of Public Works as an authorized enforcement agent.

BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

BOISE CITY NONSTORMWATER DISPOSAL BEST MANAGEMENT PRACTICES: Best Management Practices adopted by reference by this chapter for nonstormwater disposal.

CFR: The Code of Federal Regulations.

CITY: The City of Boise City, Idaho.

CLEAN WATER ACT (CWA): Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483 and 97-117; 33 USC section 1251 et seq.

COMPREHENSIVE DRAINAGE PLAN: A stormwater management plan that covers all current and anticipated development on a site greater than ten (10) acres and sites planned for phased development.

DEVELOPMENT: Any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure within the jurisdiction of Boise City, as well as any manmade change or alteration to the landscape, including, but not limited to, mining, drilling, dredging, grading, paving, excavating and filling.

DIRECTOR OF PUBLIC WORKS: The Director of the Boise City Public Works Department.

DISCHARGE: Any addition or introduction of any pollutant, stormwater or any other substance whatsoever into the Municipal storm sewer system (MS4), waters of the State or into waters of the United States.

DISCHARGER: Any person who causes, allows, permits or is otherwise responsible for a discharge, including, without limitation, any operator of a construction site or industrial facility.

FIREFIGHTING WATER: Any water, and any substance or materials contained therein, used in an emergency to control or extinguish a fire.

ILLICIT CONNECTION: Any physical connection to a publicly maintained storm drain system composed of nonstormwater which has not been permitted by the public entity responsible for the operation and maintenance of the system.

ILLICIT DISCHARGE: Any discharge to a storm drain that is not composed entirely of stormwater, except discharges pursuant to an NPDES permit.

IMPERVIOUS SURFACE: A surface which prevents or retards the penetration of water into the ground, including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

MAJOR MODIFICATION: An alteration to an existing or planned stormwater drainage facility that does one or more of the following: changes the volume, surface area, depth, capacity, inflow rates, outflow rates or level of treatment by five percent (5%) or more; changes the treatment process; adds more than one thousand (1,000) square feet of impervious surface; or increases the tributary impervious drainage area to an individual drainage facility component by more than ten percent (10%).

MUNICIPAL NPDES PERMIT: An area wide NPDES permit that is issued to a government agency or agencies for the discharge of pollutants from any point source into the waters of the United States.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyance (including roads with drainage systems, Municipal streets, catch basin, curb, gutters, ditches, manmade channels or storm drains) owned or operated by a public body (created under State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under State law, such as sewer district, flood control district or drainage district, or similar entity that discharges to the waters of the United States and which are not part of a publicly owned treatment works (POTW) as defined at 40 CFR section 122.2.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT: A permit issued by the U.S. Environmental Protection Agency, Region X, in compliance with the Federal Clean Water Act for the discharge of pollutants from any point source into the waters of the United States.

NONSTORMWATER DISCHARGE: Any discharge that is not entirely composed of stormwater.

OWNER OR OPERATOR: The owner or operator of any facility or activity subject to regulation under the Federal NPDES Program, including operational and day to day control over facility activities.

PERSON: Any individual, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties.

POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended) (42 USC section 2011 et seq.), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, Municipal and agricultural waste discharged into water, and as otherwise defined in 40 CFR section 122.2.

PREMISES: Any building, lot, parcel of land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

REDEVELOPMENT: A project for which a building permit is required that proposes to add, replace and/or alter impervious surfaces affecting the existing drainage system, other than routine maintenance, resurfacing or repair. A project which meets the criteria of a major modification, as defined in this section, shall be considered a redevelopment.

STORMWATER: Water runoff and surface drainage associated with rainstorm events and snow melt.

STORMWATER MANAGEMENT: The process of collection, conveyance, storage, treatment and disposal of stormwater to ensure control of the magnitude and frequency of runoff and to minimize the hazards associated with flooding. Also includes implementing controls to reduce the discharge of pollutants, including management practices, control techniques and systems, design and engineering methods.

STORMWATER MANAGEMENT DESIGN MANUAL: The Design Standards Manual prepared by the Boise City Public Works Department, which provides design, performance and review criteria for stormwater management practices.

STORMWATER MANAGEMENT PLAN: Details of the drainage system, structures, BMPs, concepts and techniques that will be used to control stormwater, including drawings, engineering calculations, computer analyses, maintenance and operations procedures, and all other supporting documentation.

U.S. EPA: United States Environmental Protection Agency.

VARIANCE: A modification of the requirements of this chapter.

WATERS OF THE STATE: All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof, which are wholly or partially within, which flow through or border upon, the State.

WATERS OF THE UNITED STATES: Waters as defined in 40 CFR section 122.2.

WETLAND: An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. (1952 Code § 8-15-01.03)

10-6-1-4: Applicability

This chapter shall apply to all activities which may potentially affect the MS4, any private storm drain, or any body of water within the City and any activity which discharges pollutants into such systems, except for those activities contained entirely on Federal or State or County lands and that do not impact adjacent jurisdictions. Additionally, permanent and temporary stormwater management controls and facilities, constructed as part of any activities listed in this chapter, which are located within the City limits, are also subject to this chapter. The stormwater management standards shall apply to industrial, commercial, institutional and multi-family residential development, as well as subdivision projects with private access. (1952 Code § 8-15-01.04)

10-6-1-5: Regulatory Consistency

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations and the Municipal NPDES permit and any amendments, revisions or reissuance thereof. Activities regulated by this chapter may be subject to further regulation by the specific public entity owning and operating an MS4. No permit or approval issued pursuant to this chapter shall relieve a person of the responsibility to secure permits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance. (1952 Code § 8-15-01.05)

10-6-2: Discharge Regulations And Requirements

Any illicit discharge to any storm drain, including both the MS4 and private storm drains, is a violation of this chapter, unless exempted by provisions of sections 10-6-2-6 and 10-6-2-7 of this chapter. (1952 Code § 8-15-02)

10-6-2-1: General Requirements And Prohibitions

A. Reduction Of Pollutants: Any person engaged in activities which will or may result in pollutants entering a storm drain shall undertake reasonable measures to reduce such pollutants. Examples of such activities include, but are not limited to: improper application, over use and disposal of herbicides, pesticides and fertilizers; activities related to automobile businesses, including service stations, automobile dealerships, car washes and body shops; and light industrial facilities which may be a source of pollutants.

B. Accumulation Prohibited: No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant, except where such pollutant is being temporarily stored in properly contained waste receptacles or is part of a well defined compost system.

C. Leaking Containers: No person shall cause or permit any dumpster, solid waste bin or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private plot of land in the City.

D. Property Maintenance: The occupant or tenant, the owner, lessee or proprietor of any real property in the City where there is located a paved sidewalk or parking area shall maintain said paved surface free of dirt or litter to the extent reasonable and practicable and provide an adequate means for the disposal of refuse, rubbish, garbage or other articles so as to prevent such matter from entering a storm drain. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property.

E. Water Pollution: No person shall throw or deposit any pollutant in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the City, except as otherwise permitted under local, State or Federal law. (1952 Code § 8-15-02.01)

10-6-2-2: Illicit Connections

It is prohibited to establish, use, maintain or continue illicit drainage connections to the MS4, or to commence or continue any illicit discharges to the MS4. (1952 Code § 8-15-02.02)

10-6-2-3: Parking Lots And Similar Structures

A. Best Management Practices: Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure, or conducting routine building wash downs, shall clean and maintain those structures consistent with the City nonstormwater disposal Best Management Practices prior to discharging to a storm drain.

B. Drainage Requirements:

1. All water from nonstormwater sources or incidental stormwater sources (i.e., blown through openings and windows or transported on vehicles) that enter newly developed or significantly redeveloped covered parking garages are to be directed to the sanitary sewer disposal system, unless that alternative is not reasonably feasible. Newly developed or significantly redeveloped covered permanent parking garages may drain into a storm drain when no feasible alternative is available, with the consent of the owner and operator and in accordance to this and other City ordinances. The owner and operator of a storm drain may impose requirements, including the construction of control structures to ensure the pretreatment of such discharges prior to entry into the storm drain. All water from direct stormwater sources that enter uncovered parking garages is to go to a stormwater disposal system in accordance with section 10-6-3 of this chapter.

2. For projects governed by other jurisdictions, e.g., the Ada County Highway District (ACHD) or a drainage district, the applicant must comply with their standards and requirements and receive approval from those entities. (1952 Code § 8-15-02.03)

10-6-2-4: Outdoor Storage Areas; Commercial And Industrial Facilities

A. Storage Of Hazardous Substances: In outdoor areas, no person shall store grease, oil or other hazardous substances in a manner that will or may result in such substances entering a storm drain system. In outdoor areas, no person shall store motor vehicles, machine parts or other objects in a manner that may leak grease, oil or other hazardous substances to a storm drain.

B. Spill Containment System: To prevent the discharge of hazardous substances to the MS4, the City may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition. (1952 Code § 8-15-02.04)

10-6-2-5: Construction Sites

Any person performing construction work in the City shall comply with the provisions of this chapter and title 9, chapter 14, "Construction Site Erosion Control", of this Code. (1952 Code § 8-15-02.05)

10-6-2-6: Nonstormwater Use Of Storm Drains

The City nonstormwater disposal Best Management Practices establishes minimum requirement for nonstormwater storm drain uses within the City and is incorporated by reference and made part of this chapter. Discharges from the following activities will be allowed, subject to application of the City nonstormwater disposal Best Management Practices: water line flushing and other discharges from potable water sources; landscape irrigation and lawn watering; irrigation water; diverted stream flows; rising groundwaters; uncontaminated groundwater infiltration to storm drains; uncontaminated pumped groundwater; foundation and footing drains; roof drains; water from crawl space pumps; residential air conditioning condensation; springs; individual residential car washes; flows from riparian habitats and wetlands; dechlorinated swimming pool discharges; or flows from firefighting activities and training. (1952 Code § 8-15-02.06)

10-6-2-7: Discharge Pursuant To Npdes Permit

The prohibition of discharges shall not apply to any discharge regulated under an NPDES permit issued and administered by the EPA; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Compliance with an applicable NPDES permit governing discharges into the MS4 shall be considered compliance with this chapter. (1952 Code § 8-15-02.07)

10-6-2-8: Compliance With Npdes Permit

A. Any discharge that would cause a violation of a Municipal NPDES permit, and any amendments, revisions or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and the City shall seek to have such persons defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the permit holder relating to such discharge as provided by applicable rules of law.

B. All persons in charge of a facility are to comply with applicable Federal and State laws, including facility personnel, training, training record maintenance, training records, maintenance of notification procedures, and implementation of notification requirements for spill response to assure containment, clean up and immediate notification to the owner and operator of the MS4.

C. Individuals responsible for spills are to comply with applicable State and Federal notification requirements to assure containment, clean up and immediate notification to the owner and operator of the MS4. (1952 Code § 8-15-02.08)

10-6-3: Stormwater Management Plans And Comprehensive Drainage Plans

10-6-3-1: Requirements

To minimize the discharge and transport of pollutants to storm drains and prevent the deterioration of water quality, certain new developments and redevelopment projects will be required to submit for approval a stormwater management plan or a comprehensive drainage plan to control the quality, volume and rate of stormwater runoff. The City Stormwater Management Design Manual establishes standards and guidelines for implementing BMPs and stormwater management plans and is incorporated by reference and made part of this chapter.

A. Plans Required: Stormwater management plans or comprehensive drainage plans are required for industrial, commercial and institutional developments which require a building permit and multi-family residential developments that are not part of a larger subdivision project, as well as subdivision projects that have private access, which also require a building permit.

B. Redevelopment Projects: Redevelopment projects may be required to submit complete stormwater management plans or operation and maintenance plans if they meet the criteria found in the City Stormwater Design Manual.

C. Included Provisions Of Plans: Stormwater management plans and comprehensive drainage plans shall provide for the following:

1. Prevention of any direct discharge of untreated stormwater and nonstormwater, either on or off site.

2. Prevention of increased post development discharge rates.

3. Removal of a minimum amount, determined by the percentage of impervious parcel area, of annual total suspended solids generated from development or redevelopment runoff prior to any off site discharge.

4. Continuation of BMPs for appropriate periods of time.

5. Protection of groundwater from instances of development runoff infiltration.

D. Plan Development: Stormwater management plans and comprehensive drainage plans shall be developed in accordance with the City Stormwater Management Design Manual or equivalent, and shall include:

1. Site evaluation.

2. Drainage system report.

3. Peak flow rates and runoff volume calculations.

4. Safety requirements.

5. Grading plans.

6. Operation and maintenance plan.

7. All other necessary BMPs not covered in the areas listed above.

E. Certification Required: All drainage system reports, peak flow rates and runoff volume calculations, safety requirements and grading plans shall be certified by a licensed professional authorized by the State to perform such functions.

F. Conceptual Plans Not Considered: Drainage plans that are conceptual only, without engineering specifications, shall not be considered as comprehensive drainage plans.

G. Minimum Requirements For Drainage Systems: Drainage systems shall have the following minimum requirements:

1. Designed to provide primary conveyance for runoff from a 50-year frequency storm on sites with less than fifteen percent (15%) slope or a 100-year frequency storm on sites with greater than fifteen percent (15%) slope.

2. Designed to provide secondary conveyance for runoff for all flows up to the 100-year frequency storm, within defined rights-of-way or drainage easements.

3. Designed to prevent an increase of peak flows at any location for the 2-year, 10-year, 25-year and 100-year frequency storm which could cause increased inundation of any building or roadway surface.

4. Achievement of peak flow regulation by on site discharge, off site discharge with permission or participation in an approved regional stormwater management facility.

H. Amendments, Modifications: The City Council reserves the right to amend, modify and/or add requirements to the City Stormwater Management Design Manual. The design manual references in this chapter shall be to the most currently adopted version. (1952 Code § 8-15-03.01)

10-6-3-2: Submission And Review Process

A. Plans Submitted: Stormwater management plans and comprehensive drainage plans shall be submitted at the time building plans are submitted. The plans shall be submitted to the Building Department with a permit fee in an amount provided for in a fee schedule adopted by the City Council. The plans shall be reviewed by the Public Works Department for their compliance with the City Stormwater Management Design Manual and other applicable rules and standards. Plans developed to meet Federal or State requirements may be submitted, and will be approved if they substantially conform to the requirements of this chapter. Where physical submission of plans would be too cumbersome, the Public Works Department may waive the requirement for physical submission when granted full access to review the on site plans.

1. No plan shall be approved that increases the peak level of stormwater runoff from impervious areas, unless the plan identifies measures to control and limit runoff to peak levels no greater than would occur from the site if left in its natural, undeveloped condition.

2. No development or use of land which requires a grading permit, involves more than one thousand (1,000) square feet or ten percent (10%) of the existing impervious surface, or would create more than five hundred (500) square feet of new impervious surface shall be permitted without an approved stormwater management plan or comprehensive drainage plan.

3. No building permit or certificate of occupancy shall be issued without an approved stormwater management plan if required under this section.

B. Engineering Certification: The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall be required to provide engineering certification that the development is in conformity with the previously approved comprehensive drainage plan.

C. Modifications To Plan: Any modifications to comprehensive drainage plans shall be submitted to the Public Works Department for approval; provided, however, for comprehensive drainage plans approved pursuant to this chapter, as amended, only major modifications must be submitted for approval. All modifications to singular stormwater management plans must be submitted to the Public Works Department with a request for approval and a new stormwater management plan shall be submitted upon request of the Public Works Department.

D. Responsibility For System Function: Approval of the stormwater management plan or comprehensive drainage plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed.

E. Suspension, Revocation Of Approval: Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved application or implementation of the plan is not proceeding in the approved manner.

F. Completion Time Limit; Extension: Approval of a stormwater management plan or a comprehensive drainage plan may be suspended if the project is not completed within a two (2) year period or development has ceased for a period of more than two (2) years; however, a one year extension may be granted upon a written request which provides the reason for the delay or cessation of development and specifies a time frame for completion or commencement of development.

G. Notice Of Suspension, Revocation; Appeal: If suspension or revocation of approval is necessary, the owner will receive notice of this decision and may appeal to the City Public Works Commission. A written request for appeal and hearing must be made within ten (10) days from the notice of suspension or revocation.

H. New Plan Required After Suspension Or Revocation: If approval is suspended or revoked, the owner shall be required to submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development.

I. Variance: If undue hardship would result from strict application of the requirements of this chapter, a person may request a variance.

1. Request Submitted In Writing: The variance request must be submitted in writing to the Public Works Department with a fee in an amount provided for in a fee schedule adopted by the City Council.

2. Reason For Request: The person requesting a variance shall state in detail the reason for the request and provide supporting documentation.

3. Denial; Appeal: If a request for variance is denied by the Public Works Department, the denial may be appealed to the Public Works Commission within ten (10) days of notice of denial. The Public Works Commission shall provide the aggrieved party with a hearing date and an opportunity to present argument in favor of the variance request. The Public Works Commission will not accept additional supporting documentation if the information was reasonably available at the time the request for variance was made and could have been submitted to the Public Works Department.

4. Not Considered Right Or Privilege: A variance shall not be considered a right or special privilege.

J. Nonliability: Approval of any plans by the Public Works Department shall not create a liability on the part of or cause of action against the City or any officer or employee thereof regarding the plan or its operation. (1952 Code § 8-15-03.02)

10-6-3-3: Maintenance Of Stormwater Facilities

A. Required: Stormwater facilities shall be maintained by the owner or other responsible party and, when there is a potential to discharge stormwater, shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed.

B. Waste Disposal: Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable Federal, State and local laws and regulations.

C. Records Maintained: Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five (5) years and shall be made available to the Public Works Department upon request.

D. Failure To Comply: Any failure to maintain facilities or correct problems with facilities after receiving due notice from the City may result in criminal or civil penalties and the City may perform corrective or maintenance work which shall be at the owner's expense. (1952 Code § 8-15-03.03)

10-6-4: Inspection And Enforcement

10-6-4-1: Inspections

A. Required: Stormwater systems shall be inspected by the Public Works Department during and after construction to assure consistency with the approved stormwater management plan.

B. On Site Detention Inspection Program: All stormwater systems shall be subject to the authority of the on site detention inspection program of the Public Works Department to ensure compliance with this chapter and may be inspected when deemed necessary.

C. Annual Inspections; Records Maintained: The owner or other responsible party shall make annual inspections of the facilities and maintain records of such inspections for a period of five (5) years.

D. Entrance For Inspection: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, 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 chapter, the 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 chapter; 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.

E. Refusal To Permit Entry: The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the agent is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.

F. Routine, Area Inspections: Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges or similar factors. (1952 Code § 8-15-04.01)

10-6-4-2: Sampling

With the consent of the owner or occupant or with court consent, any authorized enforcement agent may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections, as provided herein, the agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record the on site activities; provided, that owners or occupants shall be entitled to split samples. (1952 Code § 8-15-04.02)

10-6-4-3: Testing And Monitoring

A. Order For Monitoring Activities: Whenever the Director of Public Works or designee determines that any person engaged in any activity and/or owning or operating any facility may cause or contribute to an illicit discharge to the stormwater system, the Director of Public Works or designee may, by written notice, order that such person undertake such monitoring activities and/or analyses and furnish such reports as the Director of Public Works or 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.

B. Response To Order; Appeal: Within twenty (20) days of the date of receipt of the order notice, the recipient shall respond personally or in writing, advising the City of the recipient's position with respect to the order's requirements. Thereafter, the recipient shall be given the opportunity to meet with the Director of Public Works or designee to review the order's requirements and revise the order as the Director of Public Works or designee deem necessary. Within ten (10) days of such meeting, the Director of Public Works or designee shall issue a final written order. Final orders of the Director of Public Works or designee may be appealed to the Public Works Commission by the filing of a written appeal with the Public Works Department within ten (10) days of receipt of the final order. The appeal notice shall set forth the particular order requirements or issues being appealed. The Public Works Commission shall hear the appeal at its earliest practical date and may either affirm, revoke or modify the order. The decision of the Public Works Commission shall be final.

C. Failure To Comply; Enforcement Of Order: In the event the owner or operator of a 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 fees, to the facility owner or operator. The City may pursue judicial action to enforce the order and recover all costs incurred. (1952 Code § 8-15-04.03)

10-6-4-4: Violations Constituting Misdemeanors

The knowing violation of any provision of this chapter, or knowing failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code. (1952 Code § 8-15-04.04; amd. 2019 Code)

10-6-4-5: Continuing Violation

Unless otherwise provided, a person, firm, corporation or organization shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly, as herein provided. (1952 Code § 8-15-04.05)

10-6-4-6: Concealment

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision. (1952 Code § 8-15-04.06)

10-6-4-7: Acts Resulting In Violation Of Federal Clean Water Act

Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges pollutants, waste or wastewater so as to cause an illicit discharge into the MS4, or who violates any cease and desist order, prohibition or effluent limitation, also may be in violation of the Federal Clean Water Act and may be subject to the sanctions of that Act, including civil and criminal penalties. (1952 Code § 8-15-04.07)

10-6-4-8: Violations Deemed Public Nuisance

A. Abatement: In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be considered a threat to the public health, safety, welfare and the environment, may be declared and deemed a nuisance by the Director of Public Works or designee, and may be summarily abated and/or restored by the City and/or civil action taken to abate, enjoin or otherwise compel the cessation of such nuisance.

B. Lien For Cost Of Abatement By City: The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid.

C. Seasonal, Recurrent Nuisances: If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director of Public Works or designee shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further declaration.

D. Award Of Fees And Expenses: In any administrative or civil proceeding under this chapter in which the City prevails, the City may be awarded all costs of investigation, administrative overhead, out of pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney fees. (1952 Code § 8-15-04.08)

10-6-4-9: Civil Actions

In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. Injunction: A temporary and/or permanent injunction.

B. Assessments: Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this section.

C. Costs: Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation.

D. Compensatory Damages: Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing stormwater discharge control systems and/or implementing or enforcing the provisions of this chapter. (1952 Code § 8-15-04.09)

10-6-4-10: Administrative Enforcement Powers

In addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement agent has the authority to utilize the following administrative remedies:

A. Cease And Desist Orders: When an authorized enforcement agent finds that a discharge has taken place or is likely to take place in violation of this chapter, the agent may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: 1) comply with the requirement; 2) comply with a time schedule for compliance; and/or 3) take appropriate remedial or preventive action to prevent the violation from recurring.

B. Notice To Clean:

1. Whenever an authorized enforcement agent finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain or a nonstormwater discharge to the storm drain, he or she may give notice to remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of such notice shall undertake the activities as described in the notice within the time frames set forth therein.

2. In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the Director of Public Works or designee may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) days, a lien shall be placed upon and against the property. (1952 Code § 8-15-04.10)

10-6-4-11: Nonexclusivity Of Remedies

Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (1952 Code § 8-15-04.11)

10-6-4-12: Appeal

Any person, firm, corporation or organization notified of noncompliance with this chapter or required to perform monitoring, analyses, reporting and/or corrective activities who is aggrieved by the decision of the authorized enforcement agent may appeal such decision in writing to the Public Works Commission within ten (10) days following the effective date of the decision. Upon receipt of such request, the Public Works Commission shall request a report and recommendation from the authorized enforcement agent and shall set the matter for administrative hearing at the earliest practical date. At said hearing, the Public Works Commission may hear additional evidence, and may revoke, affirm or modify the authorized enforcement agent's decision. Such decision shall be final. (1952 Code § 8-15-04.12)

10-6-4-13: Disclaimer Of Liability

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This chapter shall not create liability on the part of the City, any agent or employee thereof, for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (1952 Code § 8-15-04.13)