Ord. 2620 - Regulating the detection and Elimination of Illicit Discharge in City's Storm Water System COUNCIL BILL NO. 3240
ORDINANCE NO. 2620
AN ORDINANCE REGULATING THE DETECTION AND ELIMINATION OF ILLICIT
DISCHARGE IN THE CITY'S STORM WATER SYSTEM; PROVIDING FOR ENFORCEMENT;
REPEALING IN-PART ORDINANCE NO. 2556; AND DECLARING AN EMERGENCY
WHEREAS, the Willamette River and numerous tributaries, such as the
Molalla-Pudding River Sub-basin do not currently meet several water quality
standards including bacteria, mercury and temperature established by the
Federal Clean Water Act; and
WHEREAS, when water quality standards are not met, a Total Maximum
Daily Load Implementation Plan ("TMDL IP") is required to be established; and
WHEREAS, the Oregon State Department of Environmental Quality ("DEQ")
has adopted a Water Quality Management Plan for the Willamette River Basin
and the Molalla-Pudding River Sub-basin (the "Plans"), which are meant to
provide the framework for management practices to attain and maintain water
quality standards within the Willamette Basin; and
WHEREAS, pursuant to DEQ's Plans, the City is assigned as a Designated
Management Agency, and must therefore establish its own TMDL IP that
provides the framework for management practices to both attain and maintain
water quality standards; and
WHEREAS, the City has already adopted certain standards and regulations
governing the discharge of wastes to the sanitary and storm sewer systems of
the City, and limited such discharges only to those of acceptable types,
characteristics, or concentrations, and established a system of waste discharge
permits (Woodburn Ordinance 2556); and
WHEREAS, as part of the implementation of the City's TMDL IP and the
City's forthcoming updates to its Storm Drainage Master Plan, the City has been
advised by DEQ that it must also update its regulatory standards for illicit
discharges, and the detection and elimination of such discharges into the City's
storm water system; NOW THEREFORE,
THE CITY ORDAINS AS FOLLOWS:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance
is to provide for the health, safety, and general welfare of the citizens of
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Ordinance No. 2620
Woodburn through the regulation of non-storm water discharges to the City's
storm drainage system to the maximum extent practicable as required by
federal and state law. The objectives of this Ordinance are to (i) regulate the
contribution of pollutants to the municipal storm water system; (ii) prohibit illicit
connections and discharges to the municipal storm water system; and (iii)
establish the legal authority to carry out inspections, surveillance, and
monitoring procedures necessary to ensure compliance with this ordinance.
Section 2. Definitions. For purposes of this ordinance, the following
mean:
(A) "Bank" means that portion of a waterway that is exposed from the
ordinary high water line (OHWL) and extends to upland.
(B) 'BMP" means best management practices.
(C) "City' means the City of Woodburn, a municipal corporation of the
State of Oregon, acting through its City Council or any board, committee, body,
official, or person to whom the Council shall have lawfully delegated the power
to act for or on behalf of the City of the Woodburn.
(D) "Clean Water Act" means the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.), and any subsequent amendments thereto.
(E) "Construction activity" means activities subject to NPDES
construction permits. Such activities include but are not limited to clearing and
grubbing, grading, excavating, and demolition.
(F) "DEQ" means the Oregon Department of Environmental Quality or
where appropriate, the term may also be used as a designation for the director
of the department or other duly authorized official of the department.
(G) "Illicit Discharge" means any direct or indirect non-storm water
discharge to the storm drain system, except as exempted in Section 7 of this
Ordinance.
(H) "Illegal Connections" means either of the following: (1) any drain or
conveyance, whether on the surface or subsurface, which allows an illicit
discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or
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Ordinance No. 2620
approved by a government agency; or (2) any drain or conveyance
connected from a commercial or industrial land use to the storm drain system
which has not been documented in plans, maps, or equivalent records and
approved by the city.
(1) "National Pollutant Discharge Elimination System (NPDES) Storm
Water Discharge Permit" means general, group, and individual storm water
discharge permits which regulate facilities defined in federal NPDES regulations
and regulated through the Oregon Department of Environmental Quality.
(J) "Non-storm water discharge" means any discharge to the storm
drain system that is not composed entirely of storm water.
(K) "Ordinary high water line" (OHWL) means the line on the bank or
shore to which the high water ordinarily rises annually in season. The OHWL
excludes exceptionally high water levels caused by large flood events (e.g.,
one-hundred-year events).
(L) "Person" means any individual, association, organization,
partnership, firm, corporation or other entity recognized by law and acting as
either the owner or as the owner's agent.
(M) "Person Responsible" or"Responsible Person" means any person in
actual or constructive possession of a property, including, but not limited to, an
owner, lessee, tenant or occupant of property under the person's dominion,
ownership or control, or the person in charge or persons directly or indirectly
responsible for an act.
(N) "Pollutant" means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil
and other automotive fluids; nonhazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, articles, and accumulations, so that same may cause or contribute to
pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances
and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a
building or structure (including but not limited to sediments, slurries, and
concrete rinsates); and noxious or offensive matter of any kind.
(0) "Premises" means any building, lot, parcel of land, or portion of land
whether improved or unimproved including adjacent sidewalks and parking
strips.
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Ordinance No. 2620
(P) "Public Works Director" means the Public Works Director of the City
of Woodburn, Oregon, or their duly authorized agent or designee.
(Q) "Storm Drain(age) System" means publicly-owned facilities under the
jurisdiction of the City by which storm water is collected and/or conveyed,
including but not limited to any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels,
reservoirs, and other drainage structures.
(R) "Storm Water' means any surface flow, runoff, and drainage
consisting entirely of water from any form of natural precipitation, and resulting
from such precipitation.
(S) "Waters of the State" means lakes, bays, ponds, impounding
reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals,
the Pacific Ocean within the territorial limits of the State of Oregon, and all other
bodies of surface or underground waters, natural or.artificial, inland or coastal,
fresh or salt, public or private (except those private waters that do not combine
or effect a junction with natural surface or underground waters) that are
located wholly or partially within or bordering the state or within its jurisdiction.
(T) "Waterway" means a body of water (whether natural or man-
made) that periodically or continuously contains Waters of the State and has a
definite bed and banks that serve to confine the water.
Section 3. Applicability. This Ordinance shall apply to all water entering
the storm drain system generated on any developed and undeveloped lands
unless explicitly exempted by the City.
Section 4. Responsibility for Administration. The City's Public Works
Director, or their designee, shall administer, implement, and enforce the
provisions of this Ordinance.
Section 5. Regulatory Consistency. This Ordinance shall be construed to
ensure consistency with the requirements of the Clean Water Act, Oregon
Revised Statutes, Oregon Administrative Rules, DEQ, and any applicable
implementing regulations.
Section 6. Ultimate Responsibility of Discharger. The standards set forth
herein and promulgated pursuant to this Ordinance are minimum standards;
therefore this Ordinance does not intend nor imply that compliance by any
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Ordinance No. 2620
person will ensure that there will be no contamination, pollution, nor
unauthorized discharge of pollutants.
Section 7. Prohibition of Illegal Discharges. No person shall discharge or
cause to be discharged into the municipal storm drain system or watercourses
any materials, including but not limited to pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality
standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the
storm drain system is prohibited except as described as follows:
(A) The following discharges are exempt from discharge prohibitions
established by this ordinance: water line flushing or other potable water sources,
landscape irrigation or lawn watering, diverted stream flows, rising ground
water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation,
springs, non-commercial washing of vehicles, natural riparian habitat or wet-
land flows, swimming pools (if de-chlorinated - typically less than one PPM
chlorine), firefighting activities, and any other water source not containing
Pollutants.
(B) Discharges specified in writing by the City as being necessary to
protect public health and safety.
(C) Dye testing is an allowable discharge, but requires a verbal
notification to the City prior to the time of the test.
(D) The prohibition shall not apply to any non-storm water discharge
permitted under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
Section 8. Prohibition of Illicit Connections. The construction, use,
maintenance or continued existence of illicit connections to the storm drain
system is prohibited. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of
connection.
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Ordinance No. 2620
Section 4. Waste Disposal Prohibitions. No person shall throw, deposit,
leave, maintain, keep, or permit to be thrown, deposited, left, or maintained, in
or upon any public or private property, driveway, parking area, street, alley,
sidewalk, component of the storm drain system, or Waters of the State, any
refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
articles, and accumulations, so that the same may cause or contribute to
pollution. Wastes deposited in proper waste receptacles for the purposes of
collection are exempted from this prohibition
Section 10. Industrial or Construction Activity Discharges. Any person
subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with
said permit may be required in a form acceptable to the City prior to the
allowing of discharges into the municipal storm drain system.
Section 11. Waterwav Protection. Every person owning property through
which a waterway passes shall keep and maintain that part of the waterway
within the property free of trash, debris, and contamination that would pollute
the water flowing through the waterway.
Section 12. Monitoring of Discharges & Inspections.
(A) The Public Works Director shall have the right to set up, or require a
discharger to install, on any facility such devices as are necessary in the opinion
of the City to conduct monitoring and/or sampling of the facility's storm water
discharge. The facility's sampling and monitoring equipment shall be maintained
at all times in a safe and proper operating condition by the discharger at its own
expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
(B) The Public Works Director shall be permitted to enter and inspect
facilities subject to regulation under this ordinance as often as may be
necessary to determine compliance with this Ordinance. If a discharger has
security measures in place which require proper identification and clearance
before entry into its premises, the discharger shall make the necessary
arrangements to allow access to representatives of the City. Facility operators
shall allow the Public Works Director ready access to all parts of the premises for
the purposes of inspection, sampling, examination and copying of records that
must be kept under the conditions of any NPDES permit to discharge storm
water, and the performance of any additional duties as defined by state and
federal law.
Page 6 Council Bill No. 3240
Ordinance No. 2620
(C) If the City has been refused access to any part of the premises from
which storm water is discharged, and it is able to demonstrate probable cause
to believe that there may be a violation of this Ordinance, or that there is a
need to inspect and/or sample as part of a routine inspection and sampling
program designed to verify compliance with this Ordinance or any order issued
hereunder, or to protect the overall public health, safety, and welfare of the
community, then the City may seek issuance of an administrative search
warrant from any court of competent jurisdiction.
Section 13. Notification of Illicit Discharge & Spills. Notwithstanding other
requirements of law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation has information
of any known or suspected release of materials which are resulting or may result
in illegal discharges or pollutants discharging into storm water, the storm drain
system, or Water of the State, said person shall take all necessary steps to ensure
the discovery, containment, and cleanup of such release.
In the event of such a release of hazardous materials said person shall
immediately notify emergency response agencies of the occurrence via
emergency dispatch services. In the event of a release of non-hazardous
materials, said person shall notify the Public Works Department of the City in
person or by phone or facsimile no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed and
mailed to the City within three business days of the phone notice. If the
discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an
on-site written record of the discharge and the actions taken to prevent its
recurrence. Such records shall be retained for at least three years.
Section 14. Administrative Enforcement Remedies. Whenever the City
finds that a person has violated a prohibition or failed to meet a requirement of
this Ordinance, the City may initiate enforcement action against said person.
If the City believes a violation has occurred or is occurring, the Public Works
Director shall make reasonable effort to notify the responsible person and may
order compliance by written notice of violation to the responsible person. The
"Notice of Violation" shall be delivered to the responsible person's premises or
be sent by certified mail to the address of the responsible person. Such notice
may require without limitation:
(A) The performance of monitoring, analyses, and reporting;
(B) The elimination of illicit connections or discharges;
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Ordinance No. 2620
(C) That violating discharges, practices, or operations shall cease and
desist;
(D) The abatement or remediation of storm water pollution or
contamination hazards and the restoration of any affected property;
(E) Payment of any fine to cover administrative and remediation costs;
and
(F) The implementation of source control or treatment BMPs.
If a written notice requires submittal of a response, the response shall include an
explanation of the cause of the violation, a plan for satisfactory correction and
prevention of future such violation, and specific corrective or preventive
actions. Submission of this plan in no way relieves the responsible person of
liability for any violation occurring before or after receipt of the notice of
violation.
If abatement of a violation and/or restoration of affected property is required,
the notice of violation shall set forth a deadline within which such remediation or
restoration must be completed.
Section 15. Abatement. If the Public Works Director determines that a
violation of this Ordinance is a threat to public health, safety, and welfare, and
requires abatement or remediation pursuant to Section 14(D), it shall be
declared and deemed a nuisance and subject to the abatement and lien
procedure contained in the City of Woodburn Nuisance Ordinance (Ordinance
No. 2338).
Section 16. Civil Fines. In addition to, and not in lieu of any other
enforcement mechanisms, a violation of any provision of this Ordinance or a
Notice of Violation issued hereunder, will be subject to a civil penalty of not less
than one hundred twenty-fifty dollars ($125), nor more than twenty-five hundred
dollars ($2,500) for each offense, which shall be processed in accordance with
the procedures contained in the Woodburn Civil Infraction Ordinance (Ord. No.
1998). A violation will be deemed to exist separately for every section violated
and be assessed each and every day during which a violation exists.
Nothing in this Ordinance will be construed as limiting any judicial or other
remedies the City may have at law or in equity, for enforcement of this
Ordinance, including those Civil Infractions that may be imposed under
Ordinance 1998.
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Ordinance No. 2620
Section 17. Judicial Relief. Whenever a person has violated, threatens to
violate, or continues to violate the provisions of this Ordinance or a Notice of
Violation issued hereunder, the City may petition the courts for the issuance of a
temporary or permanent injunction, as may be appropriate, which restrains or
compels the specific performance of said person. Such other action as may be
appropriate for legal and/or equitable relief may also be sought by the City.
Section 18. Severability. The sections and subsections of this Ordinance
are severable. The invalidity of any section or subsection shall not affect the
validity of the remaining sections and subsections.
Section 19. Repeal References to "Storm Sewer" under Ordinance No.
2556. The purpose of Woodburn Ordinance 2556 is to regulate the discharge of
wastes into the City's Sanitary Sewer System, however, it also includes certain
references to and regulations for the City's "Storm Sewer System." Since the
purpose of this Ordinance is to better regulate discharges into the City's storm
drainage system, the following references and sections of Ordinance 2556 are
hereby repealed:
(A) ORDINANCE TITLE. Reference to "Storm Sewer"; and
(B) Section 1.1. References to "storm water collection."
After this Ordinance is adopted, the City Recorded shall correct Ordinance No.
2556 to incorporate all revisions, amendments, and additions contained herein.
Section 20. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, and so the City
may meet a State regulatory timeline for implementation, an emergency is
declared to exist and this ordinance shall take effect immediately upon
passage and approval by the Mayor.
Approved as to form: 2226Z z�
City AttoVfey ' Date
Approved:
Frank Lonergan, or
Passed by the Council
Submitted to the Mayor
Z,0
Page 9 Council Bill No. 3240
Ordinance No. 2620
Approved by the Mayor fru ar -j
Filed in the Office of the Recorder �Z'o Z'
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 10 Council Bill No. 3240
Ordinance No. 2620