HomeMy WebLinkAboutOrdinance 6454 11/21/2022CITY OF SPRINGFIELD, OREGON
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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 and 4.372
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.
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ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
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by a vote of _____ for and ____ against.
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APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
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_______________________
Mayor
ATTEST:
__________________________
City Recorder
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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;
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(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.
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(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.
(B) 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
ty 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.
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(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 to
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.
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