HomeMy WebLinkAboutResolution 10-27 05/17/2010RESOLUTION 10 - 27
AUTHORIZING AND APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN LANE COUNTY AND THE CITY OF SPRINGFIELD, OREGON FOR
NPDES PHASE II SERVICES
WHEREAS, in accordance with the 2001 Springfield Municipal Charter and by the
authority granted in ORS 190.010, the Lane Manual and the Lane County Home Rule
Charter, units of local government may enter into agreements for the performance of any
and all functions and activities that a party to the agreement, its officers or agents, have
authority to perform; and
WHEREAS, stormwater discharges are regulated in federally defined Urbanized Areas
through provisions of the federal .Clean Water act; and
WHEREAS, the City and Lane County are subject to the National Pollutant Discharge
Elimination System (NPDES) Phase II permit regulations for Municipal Separate Storm
Sewer Systems(MS4); and
WHEREAS; the City and Lane County have been issued NPDES MS4 permits describing
partnering for certain elements of the required six minimum control measures for
stormwater; and
WHEREAS, the City Council has adopted the stormwater Management Plan (SWMP)
which includes the six minimum measures of the MS4 permit; and
WHEREAS, the City has implemented a comprehensive stormwater Management
Program as represented in the adopted SWMP under Phase II of the NPDES program;
and, the City's Phase II permit has existing Best Management Practices (BMP's)
described in the SWMP (dated January 2004, updated November 2008), that cover
aspects of the six Phase II measures required of Lane County; and
WHEREAS, the stormwater management systems of both jurisdictions are
interdependent, and a cooperative and effective management agreement affecting both
jurisdictions is beneficial to the citizens of both jurisdictions; and
WHEREAS, the area affected by this agreement includes the area between the City limits
and the Springfield Urban Growth Boundary (the Urban Transition Zone, or UTZ), except
as may be excepted specifically herein; and
WHEREAS, pursuant to intergovernmental agreements with Lane County; the City is
responsible for land use planning within the UTZ, and applies Springfield Development
Code requirements as previously adopted by Lane County; and
WHEREAS, Springfield Development Code requires that the provisions of the
stormwater Management Plan be implemented, as appropriate, for all development
applications; and
WHEREAS, Lane County, in its NPDES Permit, has elected to have-certain requirements
of that permit be administered and enforced by the City; and
WHEREAS, Lane County agrees that meeting its NPDES Phase II permit requirements
within the UTZ by delegating authority to the, City through this agreement is in the public
interest; and
WHEREAS, County and City staff have negotiated the terms of an intergovernmental
agreement which allows for the City to perform those services, obliges the County to
adopt certain provisions substantially identical to those presently enforced by the City,
and to delegafe to the City the authority to enforce such provisions, a true copy whereof,
dated May , 2010 and marked Exhibit 1 (the "Draft Agreement", is attached hereto
and by this reference incorporated herein); and
WHEREAS, staff has submitted a report reviewing the terms of the Draft Agreement and
recommending that the Draft Agreement be approved; and
WHEREAS, the Council has reviewed the terms of the Draft Agreement and is fully
informed as to the contents thereof, and has determined that it is in the public interest to
enter into the Draft Agreement.
NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of
Springfield finds and determines that it is in the public interest to enter into the
Intergovernmental Agreement between Lane County and-the City of Springfield, Oregon
for NPDES Phase II Permit Compliance Services; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
execute the Draft Agreement, with such changes or amendments thereto as he shall
determine to be necessary to effectuate the direction of the Council and give effect to the
terms of the Agreement, such determination to be evidenced by his execution of the
Intergovernmental Agreement between Lane County and the City of Springfield, Oregon
for the for NPDES Phase II Permit Compliance Services; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
inform Lane County of the intent of the City to enter into such Agreement by transmitting a
copy of this resolution to Lane County; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the
Council and approval by the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of
~,_ for and ~_ against, this 17th day of Ma , 2010.
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OFFICE OF C9TY ~iYYO~~IFY
RESOLUTION NOo 10-27
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Intergovernmental Agreement -
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THIS AGREEMENT is entered into by and between ° ANE COUNTY, a political
subdivision of the State of Oregon ("COUNTY") and the CITY OF SPRINGFIELD, a
municipal corporation of the State of Oregon ("CITY").
RECITALS
WHEREAS, in accordance with Lane Manual 21.124 and by the authority granted in ORS
190.010, ,the 2001 Springfield Municipal Charter and the Lane County Home Rule Charter,
units of local government may enter into agreements for the performance of any and all
functions and activities that a party to the agreement, its officers or agents, .have authority
to perform; and .
WHEREAS, COUNTY is subject to the National Pollutant Discharge Elimination System
(NPDES) Phase II permit regulations for Municipal Separate Storm Sewer Systems (MS4);
and
WHEREAS, all regulated small MS4 communities are required to establish a stormwater
program that addresses the six minimum measures covered under the Phase II permit
program, and COUNTY is in the process of creating and° implementing a stormwater
management program; and
WHEREAS, CITY has implemented a comprehensive stormwater Management Program
as represented in the adopted stormwater Management- Plan (SWMP) under Phase II of
the NPDES program; and, CITY's Phase II permit has existing Best Management
Practices (BMP's) described in .the CITY's stormwater Management Plan (dated January
2004, updated November 2008), that cover aspects of the six Phase II measures required
of COUNTY; and
WHEREAS, the surface water drainage systems of both jurisdictions are interdependent,
and a cooperative and effective management agreement affecting both jurisdictions is
beneficial to the citizens of both jurisdictions; and
WHEREAS, the area affected by this Agreement includes the area between the City limits
of Springfield and Springfield's Urban Growth Boundary (the Urban Transition Zone, or
UTZ), except as specifically outlined herein; and
WHEREAS, pursuant to . intergovernmental agreements with the COUNTY, CITY is
responsible for land use planning within the UTZ, and applies CITY Development Code
requirements.as previously adopted by COUNTY; and
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WHEREAS, CITY Development Code requires that the provisions of the stormwater
Management Plan be implemented, as appropriate, for all development applications; and
WHEREAS, COUNTY agrees that meeting. its NPDES Phase II permit requirements within
the UTZ through this Agreement with CITY is in the public interest; and
WHEREAS, per Board Order No. 03-3-12-4, a true copy of which is attached and by this
reference incorporated herein, the Board of Commissioners authorized an
intergovernmental agreement with CITY where COUNTY would adopt, for application
within the UTZ, portions of the CITY code that implement CITY's SWMP as it pertains to
the six minimum Phase II measure requirements.
NOW THEREFORE, based upon terms mutually agreeable to both parties, the
responsibilities of each are outlined as follows:
AGREEMENTS
COUNTY SHALL:
1. Partner with CITY on Outreach Efforts -with- Regional Partners (Springfield BMP
PE2 -Exhibit "A"). The COUNTY will seek opportunities to partner with CITY for
support with selected local and regional organizations for stormwater-related
educational outreach programs and activities out to the Springfield Urban Growth
:...Boundary.
2: Partner. with CITY to provide stormwater Education School Workshops
(Springfield BMP PE3 - Exhibit "A") to provide education .classroom
presentations on the sources and ,impacts of stormwater quality pollution..
3. Partner: with CITY to provide educational brochures to COUNTY residents out to the .
City of Springfield- Urban Growth .Boundary, regarding stormwater Educational
Brochures Portfolio (Springfield BMP PE4 -Exhibit "A").
4. Partner with CITY to provide opportunities for Public involvement/Participation
(Springfield BMP P11 -Exhibit "A") to foster public :involvement and input in the
development and implementation of stormwater planning.
5. Partner with CITY to develop and implement an Illicit Discharges Reporting
Hotline and Tracking System (Springfield BMP ID1 -Exhibit- "A") for the receipt
of complaints/reports of illicit discharges or spills out to. the Springfield Urban
Growth Boundary, and maintain a tracking system documenting
complaints/incidents and follow-up actions.
6: Adopt regulations substantially identical to CITY ordinances regarding Illicit
Discharge Response and Enforcement (Springfield BMP ID2 -Exhibit "A") for
application within the UTZ, and delegate authority to CITY to administer the Illicit
Discharge Response and Enforcement regulations. County will notify residents of
the adopted regulations.
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7. Within 60 days after adoption of any modifications by CITY of its Illicit Discharge
Response and Enforcement regulations, consider adopting regulations substantially
identical to CITY amended ordinances for adoption as County regulations and
delegate authority to the City Administrator to administer the Illicit Discharge
Response and Enforcement regulations as amended.
8. Partner with CITY for Outfall Inventory and Mapping (Springfield BMP ID3 -
Exhibit "A") to inventory and map outfalls to the stormwater drainage system and
develop an outfall database to be used for .detection and elimination of illicit
discharges. -
9. Adopt regulations substantially. identical to CITY Erosion and Sediment Control
Regulations (Springfield BMP CSW1 -Exhibit "A") for application within the
UTZ, and delegate authority. to CITY to administer, the Erosion and Sediment
Control Regulations within the UTZ, and to set appropriate fees. County will notify
residents of the adopted regulations. The Erosion and Sediment Control.
Regulations, as referenced here, refer to CITY ordinances that regulate the CITY's
Land Drainage Alteration Program (LDAP). These include requirements regulating
disturbing greater than . 50 cubic yards of soil, as well as requirements for soil
grading at construction sites.
- 10. Within 60 days after adoption of any modifications 'by CITY of its Erosion and
Sediment Control regulations, consider adopting regulations substantially identical
to CITY amended ordinances for adoption as County regulations and delegate .
authority to the City Administrator to administer the Erosion and Sediment Control
Regulations as amended.
11: Partner with CITY for Staff Erosion Control Training (Springfield BMP CSW2 -
Exhibit "A") to provide adequate and ongoing erosion control training so staff can
educate and inform contractors and developers, and fairly and knowledgeably
. enforce codes and regulations.
12. Partner with CITY for Inspections and Enforcement (Springfield BMP CSW4 -
Exhibit "A") to develop and implement code authority to prohibit and enforce the
dumping of nuisance waste associated with construction sites.
13. Partner with CITY to provide Post-Construction Stormwater System
Maintenance Inspections and Compliance (Springfield BMP DS2 -Exhibit
"A") out to the Springfield Urban Growth Boundary to ensure that private
stormwater management systems (both non-structural and structural) are operated
and maintained consistent with Erosion. and Sediment° Control Regulations adopted
by COUNTY under this Agreement.
14. Compensate the CITY in the amount of $50,000 for a portion of the previously
completed consultant work regarding the development of a Stormwater Facilities
Master Plan (Springfield BMP DS3 -Exhibit "A").
. 15. Provide necessary documentation to CITY required. for annual report writing of
CITY's Phase II MS4 permit, and coordinate with CITY to share water quality.
information, studies, monitoring: results, and enforcement information.
CITY SHALL: •
~. Partner with COUNTY on Outreach Efforts with Regional Partners (Springfield
BMP PE2 -Exhibit "A"). The CITY will seek opportunities to partner with
COUNTY for support with selected local and regional organizations for stormwater-
. ~ related educational outreach programs and activities out to the Springfield Urban
Growth Boundary.
2. Partner with .COUNTY to provide stormwater Education School Workshops
(Springfield BMP PE3 - Exhibit "A") to provide education classroom
presentations on the sources and impacts of stormwater quality pollution.
3. Partner with COUNTY regarding stormwater Educational Brochures Portfolio
(Springfield BMP PE4 -Exhibit "A"). CITY will solicit input from County on
educational materials.
4. Partner with COUNTY to provide - opportunities for Public
involvement/Participation (Springfield BMP P11 -Exhibit "A") to foster public
involvement and input in the development and implementation of stormwater
planning.
5.Partner with COUNTY to develop and implement an Illicit Discharges Reporting
Hotline and Tracking System (Springfield. BMP ID1 -Exhibit "A") for the receipt
of complaints/reports of illicit discharges or spills out to the Springfield Urban
Growth Boundary, and maintain a tracking system documenting
complaints/incidents and follow-up actions.
6. At the request of COUNTY, assist in administrative support of regulations for Illicit
Discharge Response and Enforcement (Springfield BMP ID2 -Exhibit "A")
7. Partner with COUNTY for Outfall Inventory and Mapping (Springfield BMP ID3 -
Exhibit "A") to inventory and map outfalls to the stormwater drainage system and
develop an outfall .database to be used for detection and ,elimination of illicit
discharges.
8. At the request of COUNTY, assist COUNTY in sampling and testing in regards to
Water Quality Testing for Illicit Discharge (Springfield BMP ID4 -Exhibit "A")
as necessary.
9. Administer and enforce COUNTY adopted regulations as they pertain to Illicit
Discharge Response and Enforcement (Springfield BMP ID2 -Exhibit "A")
and Erosion and Sediment Control Regulations (Springfield BMP CSW1 -
Exhibit "A"), in the UTZ. CITY shall ,establish, collect, and retain all fees for
erosion control regulations, permits, processing, appeals, enforcement, fines and
penalties.
10. Partner with COUNTY for Staff Erosion Control Training (Springfield BMP
CSW2 -Exhibit "A") to provide adequate and ongoing erosion control training so
staff can educate and inform contractors and developers, and fairly and
knowledgeably enforce codes and regulations.
11. Partner with COUNTY for Inspections and Enforcement .(Springfield BMP CSW4
-Exhibit "A") to develop and implement code authority to prohibit and enforce the
dumping of nuisance waste associated with construction sites.
12. Partner with COUNTY to provide Post-Construction stormwater System
Maintenance Inspections and Compliance (Springfield BMP DS2 -Exhibit
"A") out to the Springfield Urban Growth Boundary to ensure that private
stormwater management systems (both non-structural and structural) are operated
and maintained consistent with Erosion and Sediment Control Regulations adopted
by COUNTY under this Agreement.
13. Provide necessary documentation. to COUNTY required for annual report writing of
COUNTY's Phase II permit.
14. Give COUNTY written notice of, any modification of the CITY's regulations
pertaining to erosion and sediment control or illicit discharge response and
enforcement, within 30 days of Council adoption of such change.
BOTH PARTIES AGREE THAT:
1. Term/Compensation: This Agreement becomes ;'' effective when signed by
COUNTY and CITY, and COUNTY has adopted both Illicit Discharge Response and
Enforcement regulations and Erosion and Sediment Control regulations according
to this Agreement (the "Effective Date"). This Agreement terminates three years
following the Effective Date, unless terminated i~~earlier under paragraph 8
(Termination) below. The amount of compensation is as follows:
a) COUNTY agrees to compensate .CITY $50,000 for consultant work
associated with development .of CITY's stormwater Facility Master Plan.
b) COUNTY will pay CITY, in an amount not to exceed $25,000 per year, for
and direct and indirect costs associated with implementation of the
aforementioned stormwater BMPs (Exhibit ';~ "A"). CITY shall invoice
~~ COUNTY on a quarterly basis. COUNTY compensation to CITY may. -be
modified after Year 1 subject to both parties reaching mutual agreement.
2. Indemnification: To the extent allowable by Oregon;` law including, but not limited
to the Oregon Constitution and the Oregon Tort Claims Act, each of the parties
hereto agrees to indemnify and save the other harmless from any claims, liability,
damages, or defense fees arising out of or resulting from any error, omission or act
of negligence on the part of the indemnifying party, its officers, agents, or
employees in the performance of this Agreement.
3. Dispute Resolution: The parties shall exert every effort to cooperatively resolve
any disagreements they may -have under this Agreement. In the event that the
parties alone are unable to resolve any conflict under this Agreement, they agree to
present their disagreements to a mutually selected mediator. Each party is
responsible for its own costs for mediation and one-half of the cost of the mediator.
The parties shall follow this procedure to its conclusion prior to either party seeking
relief from a court, except in the case of an emergency.
If the parties are unable to resolve the dispute through mediation, either ,party may
submit the dispute to non-binding arbitration with the consent of the other party, using
such arbitration process as they may choose at the time subject to the following
conditions:
a) The location of the arbitration must be in Springfield or Eugene, Oregon;
b) Each party is responsible for its own costs (except arbitration filing costs),
witness fees, and attorney fees;
c)Arbitration filing costs .and -any arbitrator's fees will be divided equally
.between the parties; and;
d) Judgment upon award rendered by Arbitrator may be entered in a court in
Lane County, Oregon.
4: Amendment: This .Agreement may be modified in writing by mutual consent of
both parties. The parties recognize an obligation on the part of COUNTY to extend
the application of this Agreement .to lands included in the future within the UTZ and
to consider adopting any future changes in regulations made by CITY for application
to the Springfield Urban Growth Boundary Area. CITY has not been designated by
the DEQ as agents- for the State's Industrial Stormwater Discharge (NPDES 12002)
or Washwater Discharge (NPD.ES 1700A) programs..If this delegation occurs, the
,parties agree to -amend this Agreement as necessary to reflect additional
responsibilities and requirements of both parties.
5. Waiver: Failure of. COUNTY or CITY to enforce any provision of this Agreement
.does not constitute a waiver or relinquishment by the COUNTY or CITY of the right
to such performance in the future. nor. of the right to enforce that or any other
provision of this Agreement.
6. Severability: If any provision of this Agreement is declared by a court to be illegal
or in conflict with any law, the validity of the remaining Perms and provisions are .not
affected; and the rights and obligations of the parties are be construed and enforced
as if this Agreement did not contain the particular provision held to be invalid.
7. Coordination: For purposes of day-to-day coordination under this Agreement and
mailing.of notice regarding. any matter hereunder, COUNTY hereby designates the
Environmental Services Section Coordinator of the Department of Public Works,
3100 E. 17th Avenue, Eugene, OR 97403, as its coordinator. CITY hereby
designates Water Resource Program Coordinator, Environmental Services, 225 5m
St., Springfield, Oregon, 97477; as its coordinator.
8. ~, Termination:
A. This Agreement may be terminated by either party upon 180 days' written notice
to the other for any or no reason: Either prior to, or as part of the written notice, the
entity terminating this Agreement shall indicate how it intends to deal with
. responsibilities under this Agreement. The parties. shall strive to reach a mutual
agreement with respect to those responsibilities.
B: This Agreement may be terminated by CITY upon 30 days' written notice to
COUNTY if COUNTY fails to adopt. regulations substantially identical to those
adopted by CITY as contemplated in paragraphs 6 and 9 of the County obligations
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section within 60 days of any modification by CITY of its Illicit Discharge Response
and Enforcement regulations or Erosion and Sediment control regulations.
9. Entire Agreement: This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof .and supersedes all prior ~ and
contemporaneous representations, understandings, or agreements, whether oral or
written, relating. to the subject matter hereof. All prior or .contemporaneous
representations, understandings or agreements, whether oral or written, that are not
expressly set forth within the four corners of this Agreement are. hereby deemed
waived, superseded and abandoned:
CITY OF rin f d L ICE TY __~
B B C~..~
Y Y
Gino Grimaldi ff Spartz
Title: City Manager Title: County Administrator
Date ~ ~a ! a Date O
Address for Notice: Address for Notice:
Water Resources Program Coordinator Lane' County Public Works
Environmental Services Div. Waste Management Division
225 5th St. Environmental Services Section
Springfield, OR 97477 3100,; E. 17th Avenue
. Eugene, OR 97403
REVIEWED ~, ~~~R~V~p
. A~ TO FO~~ ~
DATE: ~ i 2 _ t o.
. OFFICE OF CITY ATTORNEY
Dat
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Exhibit A
CITY OF SPRINGFIELD ~ STORMWATER MANAGEMENT PLAN
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BMP PE2: Outreach Efforts with Regiona! Partners ~~~ . .
Responsible Parties, '
.The City's Environmental Services- and Maintenance Divisions staff coordinate with local
and.regional agencies on public education efforts. Their locallregional coordinating groups
.include: Pollution Prevention Coalition of Lane County (P2C.) a workgroup of staff from
Springfield., Eugene, Lane County, Springfield Utility Board (SUB), Eugene Water and
Electric Board- (EWER), Lane Regional Air Pollution Authority (LRAPA), and the DEQ. The
Metropolitan Endangered Species Act [ESA] Coordinating T ^eam (MECT) is comprised of
members from the cities of Eugene and Springfield, Lane County, EWEB, SUB,
Willamalane Park and Recreation District, and the Lane Council of Governments (LCQG).
The Public Works Public Information and Education Specialist also coordinates public
. outreach/education efforts with peers from local public agencies.
BMP Description
Support selected local and regional partnerships with organizations and jurisdictions that
present swell-organized and effective stormwater-related educational outreach program.
Support may include financial contributions, participation on committees, staff time for
projects, .and freely sharing informational materials for use b'y partners. The purpose of this
BMP is to enhance open exchange of proven ideas and strategies, and to enhance
efficiency and cost effectiveness of public outreach efforts.
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- Existing Conditions
Various agencies and jurisdictions, both local and statewide,h are involved with stormwater-
related education efforts. Some of these entities have developed significant programs .by
virtue of involvement with NPDES regulations from the initiali~~,Phase I NPDES stormwater
. program in the early 1990s..Consequently, much information and program refinement has
occurred, and several programs are quite advanced.
Information sharing is an efficient and effective way to gain expertise as well as multiply the
efforts of any one group. The synergistic effect is increased further when dealing with local
.partners, as the "message" put forth by a combined effort is consistent across adjacent
jurisdictions. Combining resources within the local area is a proven strategy to reduce
confusion from inconsistent messages, gain support, enhanc;~ access to funding, and gain
- benefits from multiple viewpoints. Further, using an area-wide approach to' identifying
. priorities for education insures that jurisdictions are not working at cross-purposes.
Springfield was a participant on the MECT, which was organized to coordinate a response
to issues presented by the Endangered Species Act as it relates to governmental and
quasi-governmental agencies in the Eugene/Springfield areaL~ The MECT met to address
issues of mutual concern and to combine resources to gain the research and analyses
November 2008 ~ Page 50
CITY OF SPRINGFIELD STORMWATER MANAGEMENT PLAN
need to support local ESA planning and response activities. MECT's goal is to provide a
coordinated approach to identifying and responding. to habitat and water quality problems in
the metro area, including prioritizing, locating funding, and coordinating a response to
preserve, renovate, or restore riparian areas and waterways. In 2002, MECT produced a
Comprehensive Riparian Assessment of local waterways in the metro (Eugene. and
- Springfield) area, which identified target areas for protection and restoration activities.
.`Shortly after the group stopped meeting as the.project was concluded.
Springfeld also participates in the P2C. The P2C provides useful, coordinated educational
messages and technical assistance to the community regarding stormwater and pollution
prevention Issues. Examples of its efforts include a mercury thermometer exchange
program at a recent home show event, and the development of a traveling educational
display. called the House of Pollution Solutions, and the DEQ grant-funded public ~ .
information kiosks that are stationed throughout the metro area.
The City -is an active member of the Oregon Association of Clean Water Agencies (OR-
ACWA) in the state. In terms of education, ACWA has compiled or published several
stormwater-related guidance documents. They include a CD of stormwater-related
materials referred to as "the best of the best." They also developed a guide to managing
underground injection facilities (UIC Manual), guidance documents on managing fats, oils,
and. greases in a sanitary system (FOG BMP~ Manual), an ESA guidance manual for cities,
a model erosion control program, and numerous educational handouts. As a member and
participant in ACWA, Springfield has participated in the development of and has access to
these statewide materials.
Springfield also works with the City of Eugene, Lane County and other agencies in
coordinating educational messages and technical assistance to the public involving car
washing and pressure washing activities. Public messages have been advertised via radio
and fact sheets and "fish friendly car wash kits" have been developed and are available to
charity car wash groups.
Springfield along with the Willamalane Parks and Recreation District are currently working
together on the installation and maintenance of doggie pot stations thought out Springfield's
parks and public greenways. .~
Proposed NIS4 Plan Activities
The- City wil! continue to participate in local/regional/State partnerships that are deemed
valuable in terms of public outreach effectiveness. If the opportunity presents itself, new .
partnership programs will be evaluated to determine if they are appropriate for- the City to
join.. The City will continue to maintain the public information kiosk in Springfield City Hall.
Measurable Goals
The City will evaluate the current partnership programs annually to determine their
effectiveness. Those programs determined to be less effective will be revised or removed.
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November 2008 Page 51
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CITY OF SPRINGFIELD ~ STORMWATER MANAGEMENT PLAN
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Opportunities and available staffing and funding will also determine the number and level of
participation in partnerships. .
~Dedelopment/lmplernentation Schedule
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BMP PE2: - .
FY 07-08 FY 08-09 _. ~FY 09-10 FjY 10-11 FY 11-12
Continue artnershi in local and statewide ro rams:
Review effectiveness of artnership programs each year and modi as warranted.
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CITY OF SPRINGFIELD STORMWATER MANAGEMENT PLAN
BMP PE3: stormwater Education School Workshops
Resp®nsible Parties
Environmental Services Division
BMP Description
Provide education classroom ,presentations on the. sources and impacts of stormwater
quality pollution.
Existing Conditions
The City is presently developing curriculum for presentations in elementary, middle, and -
high schools. The curriculum is based on approximately one-hour presentations, and will
include participatory games, educational video, and exercises that include an overview of
the stormwater drainage system in relation to other systems (wastewater, drinking water)
and that stress the importance of citizens' household activities in ftgh#ing stormwater
pollution.
Proposed. MS4 Plan Activities
The Environmental Services Division will provide the presentations to classrooms upon
request, with the number of presentations based on demand. within the School District
(which is undetermined at this point). The presentations will be advertised to teachers..
through the existing School District communications structure. ~ The content of the
presentations will be reviewed and updated every two years to re1•lect any changes in
regulatory measures or City ordinances.
Measurable Goals
The effectiveness of this program will be gauged through the use of a teacher survey given
at the completion of the workshop, or, alternately, a series of workshops within a school.
Those areas identified as ineffective or poorly received will be enhanced or removed from
the program. Those program elements viewed as~ effective will be maintained.,
Effectiveness of presentation advertisement will be gauged by teacher demand. Promotion
efforts will increase if little interest is shown for scheduling presentations.
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November 2008 Page 53
CITY OF SPRINGFIELD
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STORMWATER MANAGEMENT PLAN
Development/Implementation Schedule
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BMP PE3:
FY 07-08 FY 08-09~ FY 09-10 FY 10-11 FY 11-.12
Develop a ~ Provide Update and Provide Update and
stormwater workshops as review workshops as review
education requested ~to workshop requested workshop
workshop/ classrooms program - program
promote presentation ;
through the -. effectiveness
School District and interest
CITY OF SPRINGFIELD
STORMWATER MANAGEMENT PLAN
BN1P PE4: stormwater Educational Brochures Portfolio
,Responsible Parties
Public Works Environmental Services and Maintenance Divisions.
BMP Description
A portfolio _of educational brochures was developed for all Public Works field staff to assist
with educating and informing the public, when activities are observed that may adversely
impact stormwater quality.
Existing Conditions
City staff frequently observe activities throughout the city that violate City Codes and may
result in impacts to the stormwater drainage system, such as improper erosion control, illicit
discharges of pollutants, material dumping, or improper handling and/or storage of
potentially polluting materials like petroleum products.
Formal enforcement activities are frequently not appropriate in these situations and
education and technical assistance is often the best approach to achieve long-term
behavioral changes and Code compliance. As well; the unlawful actions often are either
too minor or conclusive evidence is not available to take enforcement-action, or the
incidents occur based on ignorance of how the stormwater drainage system works. These
situations present an excellent opportunity for educating the responsible party by
presenting information regarding options or alternative behaviors that do not adversely
impact the environment.
An easily-managed portfolio containing a broad range of informational and educational
handouts was developed for all City staff working in the field or responding to complaints of
spills, dumping, or other. problematic practices. Staff was trained on the use of the
handouts, as well as information concerning the City's Municipal Code with regard to illegal
activities covered by the handouts. The purpose of this portfolio is to insure that this
material is readily available when violations are observed in the field. The handouts inform
residents that their activities may cause significant pollution levels downstream, harming
fish, plants, and aquatic life, as well as potentially harming people swimming or recreating
in. the waterway.
The portfolios include handouts and brochures on a wide variety of household and
.construction BMPs, including concrete cleanout, car washing, restaurant and business
stormwater BMPs, pet waste disposal, and more, addressing situations which are relatively
frequently observed.. Staff receiving these portfolios were briefed on the content and
purpose of the handouts, and provisions were developed for updating and refilling the
portfolios as the material was used. The portfolios were developed in 2001, and
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November 2008 ~ Page 55
CITY OF SPRINGFIELD STORMWATER MANAGEMENT PL4N
distribution and training on their contents occurred in 2002. 'They will continue to be refined
and updated as appropriate.
. Proposed MS4 Plan Activities
The Environmental Services Division will continue to provide the portfolios to all new field
staff and provide training on their contents.: The portfolios .will be reviewed and updated on
an annual~basis. The topics covered by the handouts will increase over time, as needed to
address various observed situations and conditions.
Measurable Goals
Public Works staff will log the impacting stormwater activities that are observed in the field.
The program will be evaluated annually with field staff and revised as appropriate to
enhance effectiveness. Those activities that continue to be a problem will be further
evaluated to determine the best way to eliminate the behavior.
Developmentllmplementation Schedule .
BMP PE4:
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FY 07-08 FY OS-09 FY 09-10 FY 10-11 FY 11-12
Continue to provide ortfolios to new staff each year.
Review field to s and u date ortfolios as necessary each ear.
Page 56
November 2008
CITY OF SPRINGFIELD
STORMWATER MANAGEMENT PLAN
BMP PI1: Public Involvement/Participation
Responsible Parties
Environmental Services Division
:BMP Description
Provide opportunities for public involvement and input in the development and
implementation of the Stormwater Plan.
Existing Conditions
Public involvement and review is a component of all significant regulatory actions at the
City, and is, therefore, an ongoing effort. The Planning Commission (PC), in its role as the
Committee for Citizen Involvement (CCI), reviewed and approved the Public Involvement
.work plan and schedule for the Stormwater Plan. The Public Involvement Program was
included in the, City's NDPES MS4 permit application.
The Public Involvement component of the Stormwater Plan, as outlined in the City's MS4
application, included a series of three public informational meetings, using an open house
format. These events were scheduled to correspond roughly with the information
gathering, plan drafting, and final plan development phases of the Stormwater Plan.
Outreach to citizen, civic and neighborhood groups regarding the public events was
conducted through a broad effort, including- direct mailings, newspaper advertising, the
City's website, direct telephone contact with stakeholder groups, and electronic mailing
lists. Public comments and questions were solicited at these workshops. Formal public
hearings also were convened by the Planning Commission in recommending, and the CCI
in adopting, the Stormwater Plan.
Proposed MS4 Plan Activities
The City will continue to follow the approved public involvement plan schedule as approved
by the CCI- and submitted in the MS4 permit application. The City will also involve the City
Council in implementation on an ongoing basis.
Public involvement is~an integral component of the City's public policy-making processes,
. ~ and is established by Ordinance. Where requirements of the Stormwater Plan trigger this
process, such as passing or amending ordinances, adopting plans or regulations, the City .
will.follow its adopted public involvement processes..
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November 2008 , ~ Page fi4
- CITY OF SPRINGFIELD STORMWATER MANAGEMENT PLAN
Measurable Goals
The City will provide three public workshops, plus public hearing opportunities, during the
Stormwater Plan development and adoption process. The comments received from these
events will be reviewed and incorporated into the MS4 plan as appropriate. Staff will
apprise the City Council of Stormwater Plan implementation efforts annually.
~Developmentllmplementation Schedule
BMP P11:
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FY 07-08 FY 08-09 FY 09-10 FY 10-11 FY~11-12
Implement CCI- Identify and implement public involvement activities in
approved public implementing. Stormwater Policies.,,implementation actions
involvement and BMPs, in accordance withSpringfield's Citizen
plan. Involvement Program.
November 2008 Page 65
CITY OF SPRINGFIELD ~ STORMWATER MANAGEMENT PLAN
BMP ID1: Illicit Discharges Reporting Hotline and Tracking System
.Responsible Parties
Environmental Services Division
BMP Description
Develop and implement a designated hotline for the receipt of complaints/reports of illicit
discharges or spills, and' maintain a tracking system documenting complaintslncidents and
follow-up actions taken.
Existing Conditions
City staff routinely receive calls from citizens concerning. illicit .discharges, spills, or other
stormwater drainage system-related problems. These calls have traditionally been
received by either Maintenance or Environmental Services staff and are processed as
appropriate.. Without a designated phone -line for the .receipt of these complaints, citizens
sometimes encountered difficulties identifying the appropriate individual, department or
division to contact. Calls sometimes were transferred to inappropriate individuals, resulting
in delays, frustration, and lack of appropriate follow-up actions.
As a result; in 2000, a telephone number.was designated by the City as a "stormwater
hotline," and published in the phone book. By establishing this phone number, citizens are
now able to quickly and easily access the appropriate person within the City ensuring a
more timely and adequate response. The phone number may be used.by citizens for
asking questions, reporting spills; reporting illicit discharges and/or accessing general
stormwaterinformation. This number is included on informational brochures, such as.those
available at public events and handed out by staff for "educational" opportunities, and is
displayed on catch basin labels. The hotline is answered by the Water Resources Program
staff who are qualified to answer most stormwater-related questions and provide .
appropriate staff responses to resolve most issues. The Water Resources Program staff
also route calls to other City staff for handling when it's warranted. Each call is
documented in a database along with all follow-up actions taken to resolve the incident.
Proposed MS4 Plan Activities
The stormwater Hotline is currently in place and will continue to be operated indefinitely.
The number for the hotline will continue to be provided on informational brochures. This
.service, currently operational during normal City business hours, will~~be evaluated in FY 05-
06 to determine whether 24-hour reporting and response capability is warranted.
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November 2008 ~ ~ Page 73
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CITY OF SPRINGFIELD ~ STORMWATER MANAGEMENT PLAN
Measurable Goals
Each year the number of calls received and the follow-up actions will be tracked.
Information regarding the complaint wil! also be documented, in databases maintained by
the Environmental Services and Maintenance Divisions..(These databases also are
referred to in BMP ID2.)
.~ Develo~mentllmptementation Schedule
~~BMP ID1:
FY 07-08 FY 08-09 ~FY 09-10 FY 40-11 FY 11-12
Operate the hotline, publish and promote the phone number and
document calls received eac h ear.
No No Evaluate. Implement program
scheduled scheduled ~ program improvements as
action. action. ~ effectiveness warranted.
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CITY OF SPRINGFIELD
STORMWATER MANAGEMENT PLAN
BMP ID2: Illicit Discharges Response and Enforcement
Responsible Parties
Environmental Services, Engineering, and Maintenance Divisions, and Office of the City
Attorney
:BMP Description.
This BMP also includes the development and implementation of protocols that the City will
use in order to respond to complaints/reports of illicit discharges or spills in a most efficient
and effective manner. -
Existing .Conditions
Procedures:
Services provided by the City have traditionally included response to nuisance complaints .
of various sorts by members of the public. In the past, however, the City's ability to
respond to and resolve complaints involving spills or dumping into the streets, public ~rights-
of-way; or stormwater drains connected to the City's storm sewer system has been limited.
Over the last three years, however, the City has developed increased ability to respond to
stormwater polluting incidents with trained staff, necessary equipment, and improved
enforcement authority.
An important aspect of the City's overall program has been .to coordinate and augment the
City's complaint response among the Public Works, Police, and Fire and Life Safety
- Departments. In developing the current program, Environmental Services staff assessed
-the response process that was being used by the City's various departments for spills,
dumping, and other environmental incidents. The evaluation revealed that past practices
- were not well coordinated, were inconsistent, and led to delays or failures in some cases,
and double-staffing in others. As a result, Standard Operating Procedures have been
developed to clarify response protocols and establish consistent communication and.
enforcement procedure's.
The goals of the Standard Operating Procedures for response and enforcement are to:
- (1) respond quickly and efficiently to citizens' pollution incident complaints. and reports of .
dumping or spills;
(2) ensure that all incidents are handled by appropriately trained staff or contractors;
• (3) respond to both the citizens who report incidents, and those who are responsible -for .
the incidents; -
(4) ~ ensure that the significant aspects of all incidents are well documented; and
- (5) avoid "double staffing" of incidents through efficient coordination of appropriate staff.
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November 2008 ~ Page 75
CITY OF SPRINGFIELD STORMWATER MANAGEMENT PLAN
The Standard Operating Procedures, have been agreed to by all affected Public Works
Divisions.
The Environmental Services and Maintenance Divisions maintain and share databases that
track incidents and follow-up actions taken to resolve them.
Enforcement:
The City has had limited coordinated enforcement efforts and, in the past, City staff have
had varying degrees of awareness and understanding about enforcement authority
available to them to resolve illegal activities that threaten the stormwater drainage system
and receiving streams. In 2002-2003, staff and legal counsel reviewed Federal, State, and
local laws and Codes directly enforceable by City staff and legal counsel regarding illegal
erosion, land alteration activities, dumping, and other polluting events. As a result, ~ .
_ .amendments to the Municipal Code provide broad ability for,~the City to assess and
determine when actions negatively impacting any elements of the stormwater drainage
system are unlawful and require abatement. The Code also'' provides authority for the City
to take measures appropriate and necessary to abate the situation.
Section 8 of the Municipal Code, and various sections of thee, Springfield Development
Code, which are enforceable-within the City's urbanizable area, supplement the nuisance
prohibitions of the Code in enabling the City to protect the stormwater drainage system and
. enforce against those who cause damage to it.
The, City has not completed all steps necessary to have a fully operational and effective
enforcement program. The most significant gaps in Springfreld's program include:
(1) lack of coordinated agreements with Lane County to achieve efficient resolution of
Code violations;
(2) an enforcement guide has not yet been developed to establish clear and objective.....
procedures for applying penalties; and
(3) training of .all staff in appropriate enforcement protocols has .yet to be completed.
Proposed MS4 Plan Activities
Regarding incident response, the Standard Operating Procedures are presently in effect,
'and responses.are currently coordinated among appropriate'Citydlvisions. The incident
response protocols will continue to be followed- throughout each year of the permit period,
and performance improvement evaluations will occur if and when evaluations show the
protocols are not fully effective or efficient.
Regarding the City's enforcement program, the City intends to complete the following
activities within the permit period:
(1~ develop an enforcement guide and penalty matrix;
(2) initiate amendments to the Urban Transition Agreement with Lane County to improve
enforcement in the urbanizable area; and
November 2008 ~ Page 76
CITY OF SPRINGFIELD
. (3) provide staff training and tool kits.
Measurable Goals
Periodic check-ins on an every-other-year basis with Environmental Services and
.Maintenance Division, staff will be conducted fo monitor and improve the effectiveness of
the incident response program.
Development/lmplementation Schedule
'BMP ID2~
FY 07-08 FY 08-09 FY 09-10 FY 10-11 ~ FY 11-12
Implement .protocols for responding to complaints annually, and
mainfainin com taint database.
Program Program Program Program Program
evaluation review. ~ evaluation review evaluation
ear. ear. ear.
Review/ Reviewl
revise ~ revise
Standard Standard
Operating
~ Operating
Procedures. ~ Procedures.
Implement Develop/ Implement .Review Update
amended adopt
~ enforcement enforcement enforcement
Codes and enforcement guide and guide and guide and
track guide and penalty penalty penalty
success. penalty matrix. matrix. matrix.
matrix.
_ Develop ~ Track Review
modifications effectiveness effectiveness
to ~~ of ~ of
Urban enforcement Urban
Transition program in Transition
Agreement urban Agreement.
as needed: transition
area.
. Conduct staff training and maintain. updated enforcement
tool kit.
November 2008 Page 77
STORMdNATER MANAGEMENT PLAN
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CITY OF SPRINGFIELD ~~~ STORMWATER MANAGEMENT PLAN
BMP ID3: Outfall Inventory and Mapping
Responsible Parties
Environmental Services Division
BMP Description
Inventory and map outfalls to the stormwater drainage system and develop an outfall
database. The outfall map and database will be used for detection and elimination of illicit
discharges as described. in BMPs ID4 and ID5.
Existing Conditions
An initial task to locating and eliminating illicit discharges is surveying, inventorying, and
mapping all outfalls to the stormwater drainage system. An outfall map, in conjunction with
systematic monitoring and sampling, forms the basis for further investigations. Springfield
initiated ~a stormwater drainage system outfall inventory in 2000, which involved a physical
inspection of the entire open .channel drainage system. At the same time, staff inventoried
-arid mapped all of the DEQ-permitted industrial source outfafls within the City. The
updated outfall map (included in the City's Geographic Information System) and outfall
database have been completed. The inventory database includes information regarding
the. precise location of each outfall, its source, and additional;;relevant information such as
.flow rate, observed/potential pollution problems, outfall condition, and the owner's
awareness of the outfall. The physical inspec#'ion.also resulted in locating over 200
additional unmapped artd previously unknown outfalls to the stormwater drainage system.
Proposed MS4 Plan Activities
The outfall mapping effort will be ongoing as new development and redevelopment result in
the construction of new outfalls to the stormwater drainage system. Ongoing efforts will
include, at a minimum, yearly map updates from gas-built" plans, as well. as physical
.inspections every four years of new or redeveloped areas of the system. Periodic
~ ~ additional .updates to capture outfalls from new developments or newly permitted industrial
dischargers will be conducted as needed. .~
Measurable Goais
Conduct GIS map updates at least annually: and conduct physical re-inspections.of new or
redeveloped areas every four years.
.November 2008 ~ Page 78
CITY OF SPRINGFIELD
Developmentllmplementation Schedule
:BMP 1D3~
STORMWATER MANAGEMENT PLAN
FY. 07-OS FY 08-09 FY 09-10 fY 10-11 FY 11-12
Conduct ,yearly outfall map, updates.
Complete Maintain outfall mapping
outfall
mapping for No No Conduct a No
City. and scheduled scheduled follow-up scheduled
urbanizable actions. actions.. inspection of actions.
area. ~ ~ outfalls.
November 2008 ~ Page 79
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,TER MANAGEMENT PLAN
BMP ID4: Water Quality Monitoring for Illicit Discharges
Responsible Parties
Environmenta! Services Division
BMP Description
Conduct water quality monitoring of the City's stormwater drainage system in an attempt to
establish baseline water quality data, observe trends,. document effectiveness of BMPs,
and identify illicit discharges.
Existing Conditions
r~
In 2001, Environmental Services Division staff developed and~~ initiated implementation of an
ongoing, albeit limited, stormwater monitoring program to document and assess stormwater
quality in drainageways .throughout the city. As mentioned above, the purpose of the
monitoring program is to establish baseline data, track trends~~and identify illicit discharges.
Over time, the monitoring will support adaptive management strategies to improve the
City's stormwater quality improvement efforts. The monitoring is conducted on a subbasin
by subbasin basis. The program employs two submersible data loggirwg monitors that
measure pH, temperature, dissolved oxygen, and conductivity on a continuous basis (i.e.,
every 15 minutes) for later download to a computer. These units are placed one upstream,
and the other downstream of significant outfalls to a drainageway. Data are recorded fora
period of at least one week, at which time the units are serviced, data downloaded, and the
units re-deployed downstream to the~next significant outfall on the monitored system. As
the equipment is not capable of measuring all parameters desired for analysis, grab
samples are also collected for analysis in the laboratory when) and where the units are
deployed. Grab samples are analyzed for dissolved metals, oil and grease, and bacteria.
A quality assurancelquality control (QA/QC) program has been developed and
implemented to ensure the accuracy of all the data collected. ~~.Because the City has limited
equipment and resources, the monitors are rotated throughout the city and data is only
collected periodically in any one location. Therefore, this program in and of itself does not
capture water quality or Illicit discharges continuously throughout the system. To date, one
full rotation of the equipment throughout the City's major outfa'11 locations has been .
completed and a second comprehensive monitoring round is anticipated.
Proposed MS4 Plan Activities
The monitoring program described above will ~be ongoing throughout the permit period.
. Where evidence of water quality problems is identified, the City will conduct further
.investigations and analyses_as needed to identify and abate the sources of pollution. .
Where evidence of illicit discharges isobserved through sampling results; compliance
. efforts will be made, including locating the source of the discharge and responsible party,
.and eliminating the source (see BMP ID2 for Enforcement Program). When monitoring of
November 2008 ~ ~ Page 80
CITY OF SPRINGFIELD ~ ~ STORMWATER MANAGEMENT PLAN
all subbasins has been completed, the. equipment will be installed where substandard water
quality is chronic and not caused by. identifiable violations. Efforts can then be made to ~ .
locate and eliminate the source(s) of that contamination through educational and
. cooperative efforts.
:Measurable Goals -
The monitoring program will be conducted at each of the significant outfalls to the
drainageways over the course of the five-year permit period. Results from the monitoring
will. be evaluated on an ongoing .basis.
Development/Implementation Schedule
. ~ BMP ID4:
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November 2008 ~ Page. 81
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FY 07-08 FY 08-09 FY 09-10 FY 10-11 FY 11-12
Conduct water quality-monitoring of all significant outfalls to
drainageways. ~ .
Evaluate monitoring results to identify pollutants of concern~and to
support identification of illicit discharges.
Where deemed necessary, conduct follow=up investigations to idenfify
and eliminate the source of illicit discharges. Where chronic
substandard water quality is found, use data to prioritize public outreach
and modify BMPs as appropriate.
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CITY OF SPRINGFIELD
ATER MANAGEMENT PLAN
- ,
BMP CSW'1: Erosion and Sediment Control Regulations ''
Resuonsible Parties
Environmental Services; Community Services, Planning, Engineering, and Maintenance
Divisions
BMP Description
This BMP is intended to provide for maintenance, review and, augmentation of City
Ordinances and Codes adopted to enable administration andil enforcement of programs
aimed at reducing and/or eliminating erosion and sedimentation associated with both public
and private construction or~other land alteration, as well as construction site waste. This
BMP is intended to fulfill requirements i-iii of this Minimum Control Measure described on
page 68. ~ ~ ~ .
Existing Conditions
Regulatory authority for implementation and enforcement of Springfield's erosion and
sediment control program is provided in both the Development and Municipal Godes.
..These Codes provide a framework for oversight of construction that requires. erosion .and
sediment control measures during construction or redevelopment of sites disturbing greater
-~ . than 50 cubic yards of soil. Specific requirements for construction site operators are
addressed during the Site Plan Review and subdivision review processes.
.:Provisions enabling inspections and enforcement of required ',erosion and sediment control
BMP measures and environmental compliance of construction activities are included in the
Municipal Code. Violations are enforced through stop work orders and/or citations and civil
penalties. As well, the City can obtain injunctive relief or has the ability to take remedial
actions .deemed necessary through the Municipal Court. ?'
.Proposed MS4 Plan Activities
The City will continue to implement existing regulations on an~,iongoing basis.. The City will
also review the effectiveness of the existing Codes and Ordinances, and will amend the.
Municipal Code as appropriate..
Measurable Goals
The City will track construction and other land alteration site inspections and permit or
Code violations. The information will be reviewed on an annual basis to evaluate. the
effectiveness of the City's regulations and to develop amendments necessary to fully
comply with the permit requirements for this Minimum Control'I Measure noted previously.
November 2008 Page 89
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CITY OF SPRINGFIELD STORMiNATER MANAGEMENT PLAN
Development/lmplementation Schedule
. BMP CSW1~ _
FY 07-08 FY 08-09 FY 09-10 FY 10-11 fY 11-12
Implement existing Municipal Code and Springfield Development Code
rovisions on an ongoin basis.
Continue Prepare anal Track permit compliance and Program
Code Review adopt .impacts to stormwater. review and
for erosion ordinances as assessment.
and needed to
construction improve
site runoff effectiveness
control ~ of Codes and
effectiveness. permitting
.. programs.
ReV1eW City COd eS and Ord111anrpc nn an nnnninn h~~i~• r~.,c~„ ..........____._._
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