Chapter 4.30
STORM WATER DRAINAGE UTILITY

Sections:

4.30.010    Establishing a storm drainage utility.

4.30.020    Definitions.

4.30.030    Storm water drainage policy.

4.30.040    City responsibilities.

4.30.050    Private responsibilities.

4.30.060    Establishment of storm water drainage utility fee.

4.30.070    Storm water drainage utility fund.

4.30.080    Unlawful obstruction of the storm water drainage system.

4.30.090    Unlawful discharge of polluting elements into storm drainage system.

4.30.100    Illicit connections not permitted.

4.30.110    Penalty.

4.30.010 Establishing a storm drainage utility.

A storm drainage utility is created for the purpose of providing funds for the management, maintenance, extension and construction of public storm drainage facilities within the city. The city council finds, determines and declares the necessity of providing for the management, maintenance, extension and construction of city storm drainage facilities for its inhabitants. [Ord. 427, 2018.]

4.30.020 Definitions.

Except where the context otherwise requires, the definitions contained in this section shall govern the construction of this chapter.

“City” means the city of Halsey, a municipal corporation of the state of Oregon.

“Commercial or industrial use” means any use, as defined in the Halsey Development Code, in the following zones: Commercial (C-1) or Industrial (I-1).

“Development” means any constructed changes to improved or unimproved property including, but not limited to, buildings or other structures, private storm drainage facilities, mining, dredging, filling, grading, paving, excavation, or drilling operations.

“Illicit connection” is defined as either of the following:

(a) Any drain or conveyance, whether on the surface or subsurface, that allows an illegal discharge to enter the storm water system including, but not limited to, any conveyances that allow any nonstorm water discharge including sewage, process wastewater, and wash water to enter the storm water system and any connections to the storm water system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by a government agency; or

(b) Any drain or conveyance connected from a commercial or industrial land use to the storm water system that has not been documented in drawings, maps, or equivalent records and approved by the city.

“Nonpoint source” means any source of water pollution that is not associated with point sources. Generally, a nonpoint source is a diffuse or unconfined source of pollution that can either enter into or be conveyed by the movement of water into the municipal storm water system, receiving waters, or waters of the state.

“Open drainage way” means a natural or constructed path, ditch or channel which has the specific function of transmitting natural stream water or storm water from a point of higher elevation to a point of lower elevation.

“Person responsible” means the owner, agent, occupant, lessee, tenant, contract purchaser, or other person having possession or control of property or the supervision of an improvement on the property.

“Pollutant” means any material or substance that may alter the chemical, physical, biological, and/or radiological condition of the waters of the state.

“Pollution” means the human-made or human-induced contribution of any pollutant into the municipal storm water system, receiving waters, or waters of the state.

“Storm water” means water from precipitation, surface or subterranean water from any source, drainage and nonseptic wastewater.

“Storm water drainage facilities” means any structure(s) or configuration of the ground that is used or by its location becomes a place where storm water flows or is accumulated including, but not limited to, pipes, sewers, gutters, manholes, catch basins, ponds, open drainage ways and their appurtenances.

“Toxic” means any substance or combination of substances listed as toxic in regulations promulgated by the Environmental Protection Agency in Section 307(a)(1) of the Clean Water Act or Title III, Section 313, of the Superfund Amendments and Reauthorization Act.

“Water or waters of the state” means all natural waterways, intermittent streams, constantly flowing streams, lakes, wetlands, and all other navigable and nonnavigable bodies of water which are wholly or partially within or bordering the state or within its jurisdiction. [Ord. 427, 2018.]

4.30.030 Storm water drainage policy.

(1) Pursuant to the general laws of the state of Oregon and the powers granted in the charter of the city of Halsey, the council declares its intention to acquire, own, manage, construct, equip, operate, and maintain within the city open drainage ways, underground storm drains, equipment and appurtenances, necessary, useful, or convenient for public storm drainage facilities. The council also declares its intention to manage, maintain and extend existing public storm drainage facilities.

(2) The improvement of both public and private storm drainage facilities through or adjacent to a new development shall be the responsibility of the developer. Said improvements shall comply with all applicable city ordinances, policies and standards.

(3) No portion of this chapter or statement herein or subsequent council interpretation or policies shall relieve the property owner of assessments levied against their property for public facility improvement projects. [Ord. 427, 2018.]

4.30.040 City responsibilities.

The city shall manage and maintain public storm water drainage facilities located on city-owned property, city right-of-way, and city easements. Public facilities to be managed by the city include but are not limited to:

(1) A piped drainage system and its related appurtenances which have been designed and constructed expressly for use by the general public and accepted by the city;

(2) Roadside drainage ditches along unimproved city streets;

(3) Flood control facilities (levees, dikes, overflow channels, detention basins, retention basins, dams, pump stations, groundwater recharging basins, etc.) that have been designed and constructed expressly for use by the general public and accepted by the city;

(4) Retention systems constructed for public services and accepted by the city. [Ord. 427, 2018.]

4.30.050 Private responsibilities.

Facilities not to be managed by the city are to be managed and maintained by the person responsible for the property and include but are not limited to:

(1) Facilities not located on city-owned property, city right-of-way, or city easement;

(2) Private parking lot storm drains;

(3) Roof, footing, and area drains;

(4) Drains not designed and constructed for use by the general public;

(5) A retention system serving a private facility;

(6) Driveway and access drive culverts. [Ord. 427, 2018.]

4.30.060 Establishment of storm water drainage utility fee.

There is hereby established a storm water drainage utility fee to be paid by the account holder for each developed property within the corporate limits of the city. Such fee shall not be imposed in amounts greater than that which is necessary, in the judgment of the council, to provide sufficient funds to properly acquire, construct, equip, operate, maintain and repair the city’s storm water drainage systems. The council, by resolution, shall establish the amount and effective date of the fee and may, from time to time, by resolution change the amount of the fee. [Ord. 427, 2018.]

4.30.070 Storm water drainage utility fund.

There is established a storm water drainage fund, and all storm water drainage utility fees collected by the city shall be paid into the fund. Such revenues shall be used for the acquisition, construction, operation, maintenance and repair (including renewal, replacement and improvement) of the city’s storm water drainage system. To the extent that the fees collected may not be sufficient to properly meet the expenses of the storm water drainage system, the cost of same may be paid from other city funds as may be determined by the council, but the council may order the reimbursement to such fund if additional storm water drainage funds are collected thereafter. The fees collected by virtue of this chapter shall not be used for general or other governmental purposes of the city except to pay for the equitable share of the cost of accounting, management and other administrative costs attributable to the storm sewer system. [Ord. 427, 2018.]

4.30.080 Unlawful obstruction of the storm water drainage system.

No person shall deposit, leave, store or place any yard debris, grass clippings, tree trimmings, bark mulch, gravel, wood scrap, or any other personal property, garbage or refuse on any public right-of-way in such a way as to block, obstruct, or slow the flow in any city ditch, drainage way, or part of the storm water drainage system. [Ord. 427, 2018.]

4.30.090 Unlawful discharge of polluting elements into storm drainage system.

No person shall cause pollution of any waters of the city’s storm water drainage system or place or cause to be placed any wastes in a location where such wastes are likely to escape or be carried into the waters of the city’s storm water drainage system by any means. Wastes which are unlawful to discharge or cause to be discharged directly or indirectly into the city storm water drainage system shall include, but not be limited to, the following:

(1) Any discharge having a visible sheen such as, but not limited to, petroleum-based products;

(2) Any discharge having a pH of less than 6.0 standard units (S.U.) or greater than 9.0 S.U.;

(3) Any discharge that contains toxic chemicals in toxic concentrations;

(4) Any discharge that contains visible floating solids;

(5) Any discharge which causes or may cause visible discoloration (including, but not limited to, dyes and inks) of the receiving waters;

(6) Any discharge which causes or may cause damage to the city’s storm water drainage system;

(7) Any discharge which causes or may cause a nuisance or a hazard to the city’s storm water drainage system, city personnel or the receiving waters;

(8) Any discharge with a temperature greater than 150 degrees Fahrenheit;

(9) Any discharge (other than noncontact cooling water) from commercial or industrial operations such as, but not limited to, concrete waste, rug and carpet cleaning waste, or paint clean-up waste;

(10) Any discharge containing human or animal waste or other waste intended for the sanitary sewer system. [Ord. 427, 2018.]

4.30.100 Illicit connections not permitted.

Illicit connections, as defined in HMC 4.30.020, are not permitted. [Ord. 427, 2018.]

4.30.110 Penalty.

A failure to comply with any provision of this chapter or of any regulations adopted under this chapter constitutes a violation. Each day in which a violation is caused or permitted to remain constitutes a separate violation. Any person or persons found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed $300.00 for each violation. [Ord. 427, 2018.]