HomeMy WebLinkAboutItem 12- Illicit Discharge Code UpdateAGENDA ITEM SUMMARY
SPRINGFIELD
CITY COUNCIL
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
Council Goals:
10/17/2022
Regular Meeting
Matt Stouder
541-736-1006
10 minutes
Promote and Enhance
our Hometown Feel
while Focusing on
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Environmental Quality
ITEM TITLE: ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
MUNICIPAL CODE UPDATE
ACTION
Conduct a public hearing and first reading of the following ordinance:
REQUESTED:
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE
SECTIONS 4.370 AND 4.372 RELATING TO ILLICIT DISCHARGE
DETECTION AND ELIMINATION
ISSUE
The City Council is requested to consider an ordinance to amend Springfield
STATEMENT:
Municipal Code Sections 4.370 and 4.372 relating to IDDE pursuant to recent
NPDES General Stormwater Permit requirements.
ATTACHMENTS:
Attachment 1: Ordinance with Exhibit A
Attachment 2: Proposed Code Changes with Legislative Commentary
Attachment 3: IDDE requirements from NPDES General Stormwater Permit
DISCUSSION/
The Oregon Department of Environmental Quality (DEQ) recently issued a
FINANCIAL
National Pollutant Discharge Elimination System (NPDES) General Stormwater
IMPACT:
Permit to Phase II cities on November 30, 2018. Springfield, along with several
other cities, contested the terms of the Permit through litigation before ultimately
reaching an agreement with DEQ to accept terms of the Permit with modified
language. The modified Permit issued to and accepted by Springfield became
effective on June 1, 2021.
The new Permit contains requirements in several areas that will obligate the City to
update Municipal and Development Code language prior to the end of the Permit
term of February 28, 2024. Areas that need to be updated include Illicit Discharge
Detection and Elimination, Construction Site Runoff and Post -Construction Site
Runoff. Staff plans to bring proposed updates based on Permit requirements to
Council for public hearing and adoption over the course of the next year.
The first update presented for Council review relates to IDDE. Staff and the City
Attorney's Office have reviewed SMC 4.370 and 4.372 with respect to the new
Permit requirements. Because Springfield has a mature stormwater program, most
of the IDDE related requirements in the new Permit (Attachment 3) are already
captured in SMC 4.370 and 4.372. Staff has not identified any new substantiative
changes resulting from the Permit.
Several non -substantiative changes have been identified to clarify existing
processes, to better align with the Environmental Protection Agency's IDDE Model
Code and to help make SMC 4.370 and 4.372 easier to understand. Proposed
changes with legislative commentary are presented in Attachment 2.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. (ORDINANCE TYPE)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 4.370 AND 4.372
RELATING TO ILLICIT DISCHARGE DETECTION AND ELIMINATION
WHEREAS, the City of Springfield is subject to the National Pollutant Discharge System (NPDES)
Phase II permit regulations for Municipal Separate Storm Sewer Systems (MS4), administered by the
Oregon Department of Environmental Quality (DEQ) via the MS4 Modified General Permit (MS4 Permit),
effective March 1, 2019, as modified March 21, 2021;
WHEREAS, DEQ issued the City of Springfield MS4 Permit on June 1, 2021, and the permit expires
February 28, 2024;
WHEREAS, the MS4 Permit requires the City of Springfield to address six minimum control measures,
including Control Measure #3, Illicit Discharge Detection and Elimination (IDDE);
WHEREAS, the City of Springfield has an existing established IDDE program that includes regulatory
enforcement mechanisms provided in Springfield Municipal Code sections 4.370 and 4.372; and
WHEREAS, the Common Council finds it in the public interest to amend Springfield Municipal Code
sections 4.370 and 4.372 to be consistent with the MS4 Permit and ensure that the City can prohibit
illicit discharges and take enforcement measures as needed to comply with the MS4 Permit,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code sections 4.370 "Definitions" and 4.372 "Illicit
Discharges" are amended as provided in Exhibit A, attached hereto and incorporated by reference.
Section 2. Savings Clause. Except as specifically amended herein, Chapter 4 of the
Springfield Municipal Code shall continue in full force and effect. The prior code provisions changed by
this Ordinance remain in full force and effect to authorize enforcement actions against illicit discharges
occurring prior to the effective date of this Ordinance.
Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this day of ,
by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of ,
Mayor
ATTEST:
City Recorder
{00026019:1} Attachment 1
Page 1 of 5
ILLICIT DISCHARGE DETECTION AND ELIMINATION
4.370 Definitions.
Best Management Practices (BMPs). Schedules of activities, prohibition of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the state. BMPs also mean treatment requirements, operating procedures, and
practices to control runoff, spillage, or leaks, sludge, or waste disposal, or drainage from raw
material storages. For the purposes of this code, BMPs are synonymous with structural and
non-structural stormwater controls and include the schedule of activities, controls, prohibition of
practices, maintenance procedures and other management practices designed to prevent or
reduce pollution.
Director. The Development and Public Works Environmental Services Division Director
or designee.
Illicit Discharge. Any direct or indirect discharge to the stormwater management
system that is not composed entirely of stormwater, except as exempted in SMC 4.372(1).
Illicit discharges include, but are not limited to, the following:
(A) Septic, sewage, and dumping or disposal of liquids or materials other than
stormwater into the stormwater management system;
(B) Discharges of washwater resulting from the hosing or cleaning of gas stations,
auto repair garages, or other types of automotive services facilities;
(C) Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, cement -related
equipment, and port -a -potty servicing, etc.;
(D) Discharges of washwater from mobile operations, such as mobile automobile or
truck washing, steam cleaning, power washing, and carpet cleaning, etc.;
(E) Discharges of washwater from the cleaning or hosing of impervious surfaces in
municipal, industrial, commercial, or residential areas (including parking lots,
streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or
drinking areas, etc.) where detergents are used and spills or leaks of toxic or
hazardous materials have occurred (unless all spilled material has been
removed);
(F) Discharges of runoff from material storage areas, which contain chemicals, fuels,
grease, oil, or other hazardous materials from material storage areas;
(G) Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals; discharges of pool or fountain filter backwash water;
(H) Discharges of sediment, unhardened concrete, pet waste, vegetation clippings,
or other landscape or construction -related wastes;
{00026019:1} Attachment 1
Page 2of5
(I) Discharges of trash, paints, stains, resins, or other household hazardous wastes;
and
(J) Discharges of food -related wastes (grease, restaurant kitchen mat and trash bin
washwater, etc.).
National Pollutant Discharge Elimination System (NPDES). The national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of
Clean Water Act.
Person. As defined in SMC 1.105.
Person in Charge. As defined in SMC 1.105.
Stormwater. Storm water runoff, snow melt runoff, and surface runoff and drainage,
including that portion of precipitation that does not naturally percolate into the ground or
evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface
water channel or a constructed infiltration facility.
Stormwater Management System. The means of conveyance or system of conveyance
by which stormwater is collected and/or conveyed, including but not limited to any roads with
drainage systems, public streets, catch basins, curbs, gutters, ditches, man-made channels, or
storm drains, which is owned or operated by the City of Springfield, designed and used for the
purpose of collecting or conveying storm water, and not a combined sewer nor part of a
Publicly Owned Treatment Works as defined at 40 CFR §122.2.
4.372 Illicit Discharges.
(1) Illicit Discharge Prohibited. No person shall discharge or cause to be discharged into the
stormwater management system or watercourses any materials, including but not limited to
pollutants or waters containing any pollutants or that pose a threat to health, safety, public
welfare, or the environment, other than stormwater. The commencement, conduct, or
continuance of any non-stormwater discharge to the stormwater management system is
prohibited except as provided in subsection (2).
(2) Applicability. This section applies to all water entering the stormwater management
system generated on any developed and undeveloped lands. Discharges that meet one of more
of the following conditions are not subject to this section, except when and where the Director
determines the discharge is or becomes a significant source of pollutants as provided in
subsection (3):
(A) The non-stormwater discharge is regulated under a separate NPDES permit.
(B) The non-stormwater discharge originates from emergency firefighting activities.
{00026019:11 Attachment 1
Page 3of5
(C) The non-stormwater discharge is one or more of the following: uncontaminated
water line flushing; landscape irrigation; diverted stream flows; uncontaminated
groundwater infiltration (as defined at 40 CFR § 35.2005(20)); rising
groundwaters; uncontaminated pumped ground water; potable water sources;
start up flushing of groundwater wells; foundation, footing and crawlspace drains
where flows are not contaminated; uncontaminated air conditioning or
compressor condensate; irrigation water; springs; lawn watering; individual
residential car washing; flows from riparian habitats and wetlands; dechlorinated
swimming pool or hot tub discharges cooled for at least 12 hours prior to
discharge; fire hydrant flushing; or water associated with dye testing activity.
(D) The non-stormwater discharge is one or more of the following, provided that no
chemicals, soaps, detergents, steam, or heated water are used: charity car
washing restricted to the outside of the vehicle and not including washing
engines, transmissions, or undercarriages; street and pavement wash waters;
and routine external building wash -down.
(E) The non-stormwater discharge is treated water from investigation, removal and
remedial actions selected or approved by Oregon Department of Environmental
Quality pursuant to Oregon Revised Statutes Chapter 465.
(3) Suspension Due to Illicit Discharge.
(A) Emergencies. The Director may, without prior notice, suspend stormwater
management system discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge which presents or may
present imminent and substantial danger to the environment, or to the health or
welfare of persons or to the stormwater management system. If the violator fails
to comply with a suspension order issued in an emergency, the Director may
take such steps as deemed necessary to prevent or minimize damage to the
stormwater management system or to the public.
(6) Detection of Illicit Discharge. Any person discharging to the stormwater
management system in violation of this section SMC 4.372 may have their access
to the stormwater management system terminated if such termination would
abate or reduce an illicit discharge. The Director will notify a violator of the
proposed termination of its access.
(C) Reconsideration by the City Manager. The violator may request reconsideration
of the Director's decision by submitting a request in writing to the City Manager.
The City Manager will consider written evidence submitted by the violator and
will issue a decision on the reconsideration in writing.
(D) Violation. No person shall reinstate access to the stormwater management
system upon premises terminated pursuant to this section SMC 4.372, without
the prior approval of the Director or City Manager.
{00026019:11 Attachment 1
Page 4 of 5
(4) Best Management Practices Required.
(A) Any person in charge, which is, or may be, the source of an illicit discharge, may
be required to implement, at said person's expense, additional structural and
non-structural BMPs to prevent the further discharge of pollutants to the
municipal separate storm sewer system. BMPs may include but are not limited
necessary catch basin traps or other devices for the purpose of preventing such
substance from entering the stormwater management system.
(B) Where the Director reasonably believes a property may produce a substance or
substances which pose an increased potential to cause an illicit discharge, the
Director may require any person in charge to furnish plans prepared by an
Oregon registered professional engineer showing the proposed BMPs to be
utilized. Such BMPs shall be approved by the Director only if tests and
subsequent engineering data establish that a desirable standard of removal is
produced.
(5) Violations. Any person who violates a provision of this section SMC 4.372 may be
subject to a civil infraction punishable pursuant to SMC 5.600 to 5.626, and shall be liable to the
City for any expense, loss, or damage caused to the City by reason of such violation. The
imposition of a penalty does not relieve a person in charge of the duty to abate the illicit
discharge.
{00026019:1} Attachment 1
Page 5 of 5
Proposed Code Changes in Legislative Format
ILLICIT DISCHARGE DETECTION AND ELIMINATION
Commentary The proposed Illicit Discharge Detection & Elimination code amendments are
shown in legislative format (deleted text with strike-thru red font and new text with double -
underline red font). Commentary explaining the proposed change is shown inside a blue box.
In general, changes are based upon the City's M54 permit and the Environmental Protection
Agency (EPA) Illicit Discharge Model Code. Housekeeping and clarity changes are also noted.
4.370 Definitions
Commentary The following changes add definitions for terms that were not defined in the
code previously and update other definitions The source of these changes are the definitions
in the M54 General Permit and/or the EPA Illicit Discharge Model Code. Providing more updated
definitions for terms in this code provide greater certainty to the general public and as well as
business owners and property owners regulated by this code.
Best Management Practices (BMPs). Schedules of activities, prohibition of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
waters of the state. BMPs also mean treatment requirements, operating procedures, and
practices to control runoff, spillage, or leaks, sludge, or waste disposal, or drainage from raw
material storages. For the purposes of this code. BMPs are synonymous with structural and
non-structural stormwater controls and include the schedule of activities, controls, prohibition of
practices, maintenance procedures and other management practices designed to prevent or
reduce pollution.
Director. The Development
and Public Works Environmental Services Division Director or designee.
Illicit Discharge. Any direct or indirect discharge to the eitq-stormwater management
system that is not composed entirely of stormwater, er as determined by the fedeFal
tirne to terne, with the following ;, except as exempted in SMC 4.372(1). Illicit
discharges include, but are not limited to, the following:
A) Septic, sewaae, and dumping or disposal of liquids or materials other than
stormwater into the stormwater management system;
B) Discharges of washwater resulting from the hosing or cleaning of gas stations, auto
repair garages, or other types of automotive services facilities;
C) Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, cement -related equipment.
and port -a -potty servicing, etc.;
D) Discharges of washwater from mobile operations, such as mobile automobile or
truck washing, steam cleaning, power washing, and carpet cleaning,
Attachment 2
Page 1 of 5
E) Discharaes of washwater from the cleanina or hosina of impervious surfaces in
municipal, industrial, commercial, or residential areas (including parking lots, streets,
sidewalks, driveways, patios, plazas, work yards and outdoor eating or drinking areas,
etc.) where detergents are used and spills or leaks of toxic or hazardous materials have
occurred (unless all spilled material has been removed);
(F) Discharges of runoff from material storage areas, which contain chemicals, fuels,
grease, oil, or other hazardous materials from material storage areas;
G) Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals; discharges of pool or fountain filter backwash water;
H) Discharges of sediment, unhardened concrete, pet waste, vegetation clippings, or
other landscape or construction -related wastes;
I) Discharges of trash, paints, stains, resins, or other household hazardous wastes; and
J) Discharges of food -related wastes (grease, restaurant kitchen mat and trash bin
washwater, etc.).
National Pollutant Discharge Elimination System (NPDES). The national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing per mits,and
imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of
Clean Water Act.
Person. As defined in SMC 1.105.
Attachment 2
Page 2 of 5
Person in Charge. As defined in SMC 1.105. Se.- 'Springfield Municipal Code
seetten 1.193 i+tte+fs:"
-Stormwater. Storm water runoff, snow melt runoff, and surface runoff and drainage,
including that portion of precipitation that does not naturally percolate into the around or
evaporate, but flows via overland flow, interflow, channels, or pipes into a defined surface
water channel or a constructed infiltration facility
-Stormwater Management System. The means of conveyance or system of conveyance
by which stormwater is collected and/or conveyed, including but not limited to any roads with
drainage systems, public streets, catch basins, curbs, cutters, ditches, man-made channels, or
storm drains, which is owned or operated by the City of Springfield, designed and used for the
purpose of collecting or conveying storm water, and not a combined sewer nor part of a
Publicly Owned Treatment Works as defined at 40 CFR §122.2. The and
.....�..., —...... -- . —
4.372 Illicit Discharge
Commentary This subsection (1) is revised slightly to better match the EPA Illicit Discharge
Model Code, and for greater clarity.
(1) -Illicit Discharge Prohibited. No person mig ehaFge shall discharge; or cause to be
discharged=, any substanee inte the eity stermwateF system if the disehaFge into the stormwater
manaaement system or watercourses anv materials, includina but not limited to pollutants or
waters containing any pollutants or that poses a threat to health, safety, public welfare, or the
environment, other than stormwater, eF is etherwise pFehibited by law. The commencement,
conduct, or continuance of any non-stormwater discharge to the stormwater management
system is prohibited except as provided in subsection (2).
Commentary This subsection (2) derives from the M54 permit Schedule A,1, d, as well as
language in the EPA Illicit Discharge Model Code.
2) Applicability. This section applies to all water entering the stormwater
management system generated on any developed and undeveloped lands. Discharges that
meet one of more of the following conditions are not subiect to this section, except when and
where the Director determines the discharae is or becomes a sianificant source of pollutants as
rovided in subsection (3):
A) The non-stormwater discharge is regulated under a separate NPDES permit.
B) The non-stormwater discharae originates from emergency firefighting activities.
C) The non-stormwater discharae is one or more of the followina: uncontaminated
water line flushing; landscape irrigation; diverted stream flows; uncontaminated
groundwater infiltration (as defined at 40 CFR § 35.2005(20)); rising
aroundwaters; uncontaminated pumped around water; potable water sources;
tart up flushing of groundwater wells; foundation, footing and crawlspace drains
Attachment 2
Page 3of5
where flows are not contaminated: uncontaminated air conditionina or
compressor condensate; irrigation water: springs; lawn watering; individual
residential car washing; flows from riparian habitats and wetlands; dechlorinated
swimming pool or hot tub discharges cooled for at least 12 hours prior to
discharge; fire hydrant flushing: or water associated with dye testing activity.
D) The non-stormwater discharge is one or more of the following, provided that no
chemicals, soaps, detergents, steam, or heated water are used: charity car
washing restricted to the outside of the vehicle and not including washing
engines, transmissions, or undercarriages; street and pavement wash waters:
and routine external building wash -down.
E) The non-stormwater discharge is treated water from investigation, removal and
remedial actions selected or approved by Oregon Department of Environmental
Quality pursuant to Oregon Revised Statutes Chapter 465.
Commentary The general suspension language is being revised with more specific language
about the Director's suspension authorities in subsections (3)(A) through (D). The definition of
"illicit discharge "already contains language about threats to health, safety, public welfare or the
environment, and therefore is it does not need to be stated again in this subsection. This
language is based on the EPA Illicit Discharge Model Code.
Suspension Due to Illicit Disc The diFeeteF n9ay withdFaw appFeval
discharge f the director determines, that a disch., ge F__ a threat to health, safety, pub!
A) Emeraencies. The Director may. without prior notice, suspend stormwater
management system discharge access to a person when such suspension is
necessary to stop an actual or threatened discharge which presents or mav
present imminent and substantial danger to the environment, or to the health or
welfare of persons or to the stormwater management system. If the violator fails
to comply with a suspension order issued in an emergency, the Director may
take such steps as deemed necessary to prevent or minimize damage to the
stormwater management system or to the public.
B) Detection of Illicit Discharae. Anv person discharaina to the stormwater
management system in violation of this section SMC 4.372 may have their access
to the stormwater management system terminated if such termination would
abate or reduce an illicit discharge. The Director will notify a violator of the
proposed termination of its access.
C) Reconsideration by the City Manager. The violator may request reconsideration
of the Director's decision by submittina a request in writing to the City Manager,
The City Manager will consider written evidence submitted by the violator and
will issue a decision on the reconsideration in writing
D) Violation. No person shall reinstate access to the stormwater management system
on premises terminated pursuant to this section SMC 4.372, without the prior
approval of the Director or City Manager.
Attachment 2
Page 4 of 5
Commentary.' These subsections are deleted because they duplicate the new language in
subsections (1) and (2) above.
CommentaryThis subsection (4) is based upon the EPA Illicit Discharge Model Code, as well
as revisions for greater clarity.
(4) —Best Management Practices Required.
A) Anv Derson in charae. which is. or may be. the source of an illicit discharae, ma
be required to implement, at said person's expense, additional structural and
non-structural BMPs to prevent the further discharae of pollutants to the
municipal separate storm sewer system. BMPs may include but are not limited
necessary catch
basin traps or other devices for the purpose of preventing such substance from
entering the eitt-stormwater management system.
LBL.Where the direeter Director reasonably believes that any sueh substanee may be
predueeda property may produce a substance or substances which pose an
increased potential to cause an illicit discharge, the diFeetx Dir r may require
any person in charge to furnish, te the eity ef Springfield-, plans prepared by an
Oregon registered professional engineer showing the proposed def
elirn*nat BMPs to be utilized. Such deyiee-BMPs shall be approved by the
6reetermDirector only if tests and subsequent engineering data establish that a
desirable standard of removal is produced.
Commentary. This subsection is deleted because it duplicates subsection (1) above.
Commentary. This subsection is revised to add clearer civil infraction language and language
about being liable for expenses incurred by the City, based on existing language in SMC 3.382
for sanitary sewer discharges This allows the City to recover costs associated with responding
to illicit discharges, like cleaning out catch basins, as part of the civil enforcement process.
(65) Violations.
Any person who violates a provision of this section SMC 4.372 may be subject to a civil
infraction punishable pursuant to SMC 5.600 to 5.626, and shall be liable to the City for any
expense, loss, or damage caused to the City by reason of such violation. The imposition of a
penalty does not relieve a person in charge of the duty to abate the illicit discharge.
Attachment 2
Page 5 of 5
Page 15
c. Illicit Discharge Detection and Elimination
The permit registrant must implement and enforce a program to detect and eliminate illicit
discharges into the MS4, to the extent allowable by state laws. An illicit discharge is any
discharge to an MS4 that is not composed entirely of stormwater. Conditional exceptions are
identified in Schedule A.1.d.
i. Implementation Dates
(A) Existing Registrants
No later than February 28, 2022, existing registrants must implement all of the
required components described in Schedule A.3.c.ii-viii. 9
(B) New Registrants
Upon the effective date of this permit, new registrants must begin to develop and
implement the required components described in Schedule A.3.c.ii-viii; all
required components must be fully implemented by September 1, 2023. 10
ii. MS4 Map
(A) MS4 Map and Digital Inventory
The permit registrant must develop and maintain a current map of their MS4. The
MS4 map and digital inventory must include the location of outfalls and an
outfall inventory, conveyance system and structural stormwater control locations,
and chronic illicit discharges (see Schedule A.3.c.ii.B-D). The permit registrant
must delineate their MS4 by storm sewer drainage basin, as appropriate, and
identify the location and characteristics of any ongoing dry weather flows.
(B) Outfall Inventory
The permit registrant must maintain an inventory of all the known outfall
locations, owned or operated by the permit registrant. The outfall location must
include a unique identifier (for example, alphanumeric code identifier), any
geographic information (for example, streets, manholes, or milepost markers)
necessary to locate these outfalls in the field, and the name(s) of the receiving
water(s).
(C) Conveyance System and Structural Stormwater Control Locations
The permit registrant must maintain a map of the MS4 collection system and all
known structural stormwater controls. Where applicable, features must include a
unique identifier (for example, alphanumeric code identifier) and any geographic
information (for example, streets, manholes, or milepost markers) necessary to
locate these features in the field.
(D) Chronic Illicit Discharges
If applicable, the permit registrant must include the location(s) of known chronic
illicit discharge(s).
The permit registrant must make map(s) and digital inventories available to DEQ
upon request. When in digital format, the permit registrant must fully describe
mapping standards in the SWMP document.
9 This deadline is extended to February 28, 2024 for: Corvallis, Springfield, and Turner.
10 This deadline is extended to February 28, 2024 for: Albany and Millersburg.
Attachment 3
Page 1 of 6
Page 16
Existing registrants must submit their MS4 map with the third annual report.
New registrants must submit their MS4 trap by September 1, 2023.11 Prior to this
date, all existing maps (including GIS data layers) must be shared with DEQ
upon request.
iii. Ordinance and/or Other Regulatory Mechanisms
The pert -nit registrant must prohibit nonstormwater discharges into the MS4 (except those
conditionally allowed by Schedule A. l .d) through enforcement of an ordinance or other
regulatory mechanism, to the extent allowable under state law. The permit registrant must
implement appropriate enforcement procedures and actions to ensure compliance. The
ordinance or other regulatory mechanism must also define the range of illicit discharges it
covers including, but not limited to the following:
(A) Septic, sewage, and dumping or disposal of liquids or materials other than
stormwater into the MS4;
(B) Discharges of washwater resulting from the hosing or cleaning of gas stations,
auto repair garages, or other types of automotive services facilities;
(C) Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, cement -related
equipment, and port -a -potty servicing, etc.;
(D) Discharges of washwater from mobile operations, such as mobile automobile or
truck washing, steam cleaning, power washing, and carpet cleaning, etc.;
(E) Discharges of washwater from the cleaning or hosing of impervious surfaces in
municipal, industrial, commercial, or residential areas (including parking lots,
streets, sidewalks, driveways, patios, plazas, work yards and outdoor eating or
drinking areas, etc.) where detergents are used and spills or leaks of toxic or
hazardous materials have occurred (unless all spilled material has been removed);
(F) Discharges of runoff from material storage areas, which contain chemicals, fuels,
grease, oil, or other hazardous materials from material storage areas;
(G) Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals; discharges of pool or fountain filter backwash water;
(H) Discharges of sediment, unhardened concrete, pet waste, vegetation clippings, or
other landscape or construction -related wastes;
(1) Discharges of trash, paints, stains, resins, or other household hazardous wastes;
and
(J) Discharges of food -related wastes (grease, restaurant kitchen mat and trash bin
washwater, etc.).
iv. Enforcement Procedures
The permit registrant must develop, implement and maintain a written escalating
enforcement and response procedure. The procedure must address repeat violations through
progressively stricter responses, as needed to achieve compliance. The escalating
enforcement and response procedure must describe how the permit registrant will use
enforcement techniques to ensure compliance. The enforcement procedures must include
timelines for compliance and, when formulating response procedures, must consider factors
such as the amount of pollutant discharged, the type of pollutant discharged, and whether the
discharge was intentional or accidental.
11 This deadline is extended to February 28, 2024 for: Albany, Millersburg, Corvallis, Springfield, and Turner.
Attachment 3
Page 2 of 6
Page 17
For existing registrants the escalating enforcement procedure must be submitted with the
third annual report. 12New registrants must submit the escalating enforcement procedure by
September 1, 2023. 13
v. Program to Detect and Eliminate Illicit Discharges
At a minimum, the permit registrant's program must include the following activities:
(A) Illicit Discharge Complaints or Reports
The permit registrant must publicize a phone number, webpage, and/or other
communication channel that the public can use to report illicit discharges. The
complaint/reporting communication channel must be answered or responded to
by trained staff during normal business hours and must include a system to
record or capture incoming complaints or reports during non -business hours.
(B) Response to Complaints or Reports
The permit registrant must respond to all complaints or reports of illicit
discharges to the permitted MS4, as soon as possible, or within an average of two
working days from the initial time of the permit registrant's knowledge of the
complaint or report, unless there is a threat to human health, welfare, or the
environment. For discharges, including spills, which constitute a threat to human
health, welfare, or the environment, the permit registrant must respond within 24
hours of the permit registrant's knowledge of the threat. Spills, or other illicit
discharges, that may endanger human health or the environment must be reported
in accordance with all applicable federal and state laws, including notification to
the Oregon Emergency Response System (800-452-0311).
The permit registrant's complaint response and the associated investigation must
at minimum, use the following timelines:
1. Initial Investigation or Evaluation
Conduct an initial investigation or evaluation within an average of five
working days or refer the complaint to the appropriate agency (see
Schedule A.3.c.v.0 below).
2. Ongoing Illicit Discharges
If the elimination of the illicit discharge will take more than 15 working
days due to technical, logistical, or other reasonable issues, the permit
registrant must within 20 working days of identifying the source, initiate
procedures to eliminate the illicit discharge.
Upon confirmation of an illicit connection, the permit registrant must use
the enforcement procedures in a documented effort to eliminate the illicit
connection within six months to the extent allowable under state law. All
known illicit connections to the MS4 must be eliminated.
Ongoing Illicit Discharges involving Capital Improvements
If the elimination of the illicit discharge involves the repair or
replacement of the permit registrant's wastewater or storm sewer
conveyance systems, the permit registrant must remove the source of the
illicit discharge within three years of the date of its identification unless
the permit registrant receives approval from DEQ for a different
12 This deadline is extended to February 28, 2024 for: Corvallis, Springfield, and Turner.
13 This deadline is extended to February 28, 2024 for: Albany and Millersburg.
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timeframe that is based on project -specific information and
documentation of best efforts to meet the three-year timeframe.
(C) Notification of Other Authorities
If the illicit discharge originates outside the permit registrant's jurisdictional
authority, the permit registrant must notify the jurisdictional authority within five
working days of becoming aware of the illicit discharge.
(D) Complaints Tracking
The permit registrant must maintain a procedure or system to document all
complaints or reports of illicit discharges into and from the MS4. The tracking
system must document, at minimum the following:
1. Date the complaint was received and, if available, the complainant's name
and contact information.
2. Name of staff responding to the complaint.
3. Date the investigation was initiated.
4. The outcome of the staff investigation.
5. Corrective action(s) taken to eliminate the illicit discharge.
6. The responsible party for the corrective action(s).
7. The status of enforcement procedure(s), when necessary.
8. The date the corrective action(s) was completed and staff that evaluated final
compliance.
Complaint tracking information must be summarized in each annual report.
vi. Dry Weather Screening Program
At a minimum, the permit registrant must conduct dry weather screening at the following
percentages:
(A) Existing Registrants
Existing registrants must conduct dry weather screening of at least 40 percent of
their MS4 outfalls no later than February 28, 2022. Subsequently, existing
registrants must conduct dry weather screening at an additional 20 percent of
their MS4 outfalls each year thereafter. 14
(B) New Registrants"
New registrants must conduct dry weather screening of at least 25 percent of
their MS4 outfalls no later than September 1, 2023, then an additional 20 percent
each year thereafter.
Once all the known outfalls are inspected, or if all the known outfalls have been
previously screened, the permit registrant must identify and document priority
locations. The 20 percent annual field screening must include a portion of all of
the permit registrant's identified priority locations.
(C) Annual Field Screening of Priority Locations
Priority locations must, when possible, be located at an accessible location
downstream of any source of suspected illegal or illicit activity or location as
identified by the permit registrants. Priority locations must be based on an
14 Corvallis, Springfield, and Turner must conduct dry weather screening of at least 40 percent of their MS4 outfalls
no later than February 28, 2024.
" Albany and Millersburg must conduct dry weather screening of at least 25 percent of their MS4 outfalls no later
than February 28, 2024.
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equitable consideration of hydrological conditions, total drainage area of the
location, population density of the location, traffic density, age of the structures
or buildings in the area, history of the area, land use types, personnel safety,
accessibility, historical complaints or other appropriate factors as identified by
the permit registrant.
The dry -weather field screening activities must occur after an antecedent dry
period of at least 72 -hours. The dry -weather field screening activities must be
documented and include:
(D) General Observations
General observations must include visual presence of flow, turbidity, oil sheen,
trash, debris or scum, condition of conveyance system or outfall, color, odor and
any other relevant observations related to the potential presence of non -storm
water or illicit discharges.
(E) Field Screening and Analysis
If flow is observed, and the source is unknown, a field analysis must be
conducted to determine the cause of the dry -weather flow. The field analysis
must include sampling for pollutant parameters that are likely to be found based
upon the suspected source of discharge or by other effective investigatory
approaches or means to identify the source or cause of the suspected illicit
discharge. Where appropriate, field screening pollutant parameter action levels,
identified by the permit registrant, must be considered.
(F) Pollutant Parameter Action
The permit registrant must develop or identify pollutant parameter action levels
to be used as part of the field screening. The pollutant parameter action levels
and rationale must be documented in an enforcement response plan (or similar
document) or in the SWMP Document. The permit registrant may use the
following as indicator constituents: ammonia, biochemical oxygen demand, pH,
total chlorine, detergents as surfactants, E. coli, total phosphorus, turbidity,
temperature, and total suspended solids.
Existing registrants must submit their pollutant parameter action levels with the
third annual report." New registrants must submit the pollutant parameter action
levels by September 1, 2023.11
(G) Laboratory Analysis
If general observations and field screening indicate an illicit discharge and the
presence of a suspected illicit discharge cannot be identified through other
investigatory methods, the registrant must collect a water quality sample for
laboratory analyses for ongoing discharges. The water quality sample must be
analyzed for pollutant parameters or identifiers that will aid in the determination
of the source of the illicit discharge. The types of pollutant parameters or
identifiers may include, but are not limited to genetic markers, industry -specific
toxic pollutants, or other pollutant parameters that may be specifically associated
with a source type.
vii. Illicit Discharge Detection and Elimination Training and Education
16 This deadline is extended to February 28, 2024 for: Corvallis, Springfield, and Turner..
1' This deadline is extended to February 28, 2024 for: Albany and Millersburg.
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The permit registrant must ensure that all persons responsible for investigating and
eliminating illicit discharges and illicit connections into the MS4 are appropriately trained to
conduct such activities. All staff directly responsible for conducting dry weather screening
activities or responding to reports of illicit discharges and spills into the MS4 must be
properly trained to conduct such activities.
The permit registrant must provide orientation and training to all new staff working to
implement the IDDE program within 30 days of their assignment to this program. All staff
must receive training at least once during the permit term. The permit registrant must
provide follow-up training as procedures or technology utilized in this program change.
viii. Tracking and Assessment
The permit registrant must track implementation of the IDDE program requirements. In each
corresponding annual report, the permit registrant must assess their progress towards
implementation of the program.
d. Construction Site Runoff Control
The permit registrant must implement and enforce a construction site runoff control program to
reduce discharges of pollutants from construction sites in its coverage area. Existing permit
registrants must continue to implement their construction site runoff program as they develop,
and implement the requirements of Schedule A3.d.
i. Implementation Dates
(A) Existing Registrants"
No later than February 28, 2023, Existing Registrants must implement all of the
required components described in Schedule A.3.d.ii-ix.
(B) New Registrants"
Upon the effective date of this permit, New Registrants must begin to develop and
implement the required components described in Schedule A.3.d.ii-ix; and all required
components must be fully implemented by September 1, 2023.
ii. Ordinance and/or Other Regulatory Mechanism
Through ordinance or other regulatory mechanism, to the extent allowable under state law,
the permit registrant must require erosion controls, sediment controls, and waste materials
management controls to be used and maintained at all qualifying construction projects from
initial clearing through final stabilization to reduce pollutants in stormwater discharges to
the MS4 from construction sites.
The permit registrant must require construction site operators to complete and implement an
Erosion and Sediment Control Plan (ESCP) for construction project sites that results in a
minimum land disturbance of:
(A) For Large Communities, 7,000 square feet or more; and
(B) For Small Communities, 10,890 square feet (a quarter of an acre) or more.
The permit registrant must use appropriate enforcement procedures and actions to
ensure compliance with Schedule A.3.d.ii-vi.
iii. Compliance with Other NPDES Permits
is This deadline is extended to February 28, 2024 for: Corvallis, Springfield, and Turner.
r9 This deadline is extended to February 28, 2024 for: Albany and Millersburg.
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