HomeMy WebLinkAboutOrdinance 6256 06/07/2010
ORDINANCE 6256
(General)
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AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE CHAPTER 4,
"UTiliTIES", TO ADD SECTION 4.370 "DEFINITIONS" AND SECTION 4.372
"IlliCIT DISCHARGES" RELATING TO IlliCIT DISCHARGES, AMENDING
SECTION 5.604 (1) (a) TO ADD "STORMWATER IlliCIT DISCHARGE 4.370 TO
4.372", AND SETTING AN EFFECTIVE DATE
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); and
WHEREAS, Oregon Department of Environmental Quality has issued the City a
National Pollution Discharge Elimination System ("NPDES") MS4 permit requiring six
minimum control measures for stormwater; and
WHEREAS, the City has implemented a comprehensive Stormwater Management
Program under Phase II of the NPDES program that incorporates the six minimum
control measures; and
WHEREAS, Municipal Code amendments have been prepared which consolidate and
codify the current prohibitions enforced by the City and meet the regulatory needs for
Illicit Discharge Detection and Elimination;
WHEREAS, the Common Council has reviewed and considered the proposed code
amendments.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCil OF THE CITY
OF SPRINGFIELD AS FOllOWS:
Section 1. Springfield Municipal Code Chapter 4 "Utilities" is amended to add "ILLICIT
DISCHARGE" and Sections 4.370 "Definitions" and Section 4.372 "Illicit Discharge" as
follows:
IlliCIT DISCHARGE
4.370 Definitions
a. Director: The director of public works or duly authorized representative.
b. Illicit Discharqe: Any discharge to the City Stormwater Management System that
is not composed entirely of stormwater, or as determined by the federal
Environmental Protection Agency Storm Water Phase II Final Rule, as it may be
modified from time to time, with the following exceptions:
-Lawful Discharges from National Pollution Discharge Elimination System
permitted industrial sources;
- Fire fighting activities;
- Water line flushing;
- Landscape irrigation;
· Diverted stream flows;
· Rising ground water;
· Uncontaminated ground water infiltration;
· Uncontaminated pumped ground water;
· Discharges from potable water sources;
· Foundation drains;
· Air conditioning condensation;
· I rrigation water;
· Springs;
· Water from crawl space pumps;
· Footing drains;
· Lawn watering;
· Individual residential car washing;
· Flows from riparian habitats and wetlands;
· Dechlorinated swimming pool discharges:
· Street wash water.
c. Person in Charoe. See SMC 1.105 "Definitions".
d. Stormwater: Water derived from a storm event or conveyed through a
stormwater management system.
e. Stormwater Manaoement System: The structures, facilities, and practices
utilized by the City and/or a development to control and manage the quantity and
quality of groundwater discharges and surface water run-off, including stormwater
run-off, non-storm generated run-off and floodwaters.
4.372 Illicit Discharge
(1) No person in charge shall discharge, or cause to be discharged, any substance into
the City stormwater system if the discharge poses a threat to health, safety, public
welfare, or the environment, or is otherwise prohibited by law. The Director may
withdraw approval to discharge if the Director determines that a discharge poses a
threat to health, safety, public welfare, or the environment, or is otherwise prohibited
bylaw.
(2) No person in charge shall allow an illicit discharge from his or her premises to flow
out, on or into a stormwater management system.
(3) No person in charge shall place or cause to be placed a substance which is harmful
to or has a tendency to clog any City stormwater management system or permit
such substance in the control of such person to enter the City stormwater
management system.
(4) Every establishment or place where the substances prohibited in subsection (3)
above are or may be produced is hereby required to install such necessary catch
basin traps or other devices for the purpose of preventing such substance from
entering the City Stormwater Management System. Where the Director reasonably
believes that any such substance may be produced, the Director may require any
person in charge to furnish, to the City of Springfield, plans prepared by an Oregon
ORDINANCE NO. 6256
registered engineer showing the proposed method of elimination. Such device shall
be approved by the Director only if tests and subsequent engineering data establish
that a desirable standard of removal is produced.
. (5) No person in charge shall allow stormwater to flow out on or under a public way in a
manner that creates a hazard for those lawfully using the public way or that creates
a hazard within the City stormwater management system.
(6) Failure to comply with this section shall be cause for a person in charge to be
subject to enforcement procedures set forth in Springfield Municipal Code Chapter
5. The imposition of a penalty does not relieve a person in charge of the duty to
abate the illicit discharge.
Section 2. Springfield Municipal Code Chapter 5, Section 5.604(1) (a) "APPLICATION
AND AMENDMENT" is amended to add:
Illicit Discharge, Section 4.370 to 4.372
Section 3. This ordinance shall take thirty days after approval by the. Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of
~ for and ~ against, this 7th day of June ,2010.
ATTEST:
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REVIEWED & APPROVED
AS. TO FORM .
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DATE: R__5 I~ I D \ \
OFFICE OF CITY ATTORNEY
ORDINANCE NO. 6256