ARTICLE 16-7
Stormwater Pollution Elimination

Section

16-7-1    Statement of purpose

16-7-2    Definitions

16-7-3    Prohibition of non stormwater discharges to the municipal separate storm sewer system; exception

16-7-4    Controls to reduce pollutants in stormwater

16-7-5    Inspection

16-7-6    Enforcement

16-7-1 STATEMENT OF PURPOSE.

It is the purpose of this article to promote the public health, safety and welfare by limiting discharges into any Municipal Separate Storm Sewer System (MS4) which discharges may pollute, contaminate or degrade the waters carried in the system and any waters into which the systems drain. The MS4 shall be used for the purpose of conveying stormwater only, and all necessary measures to prevent said stormwater from carrying undesirable substances into the MS4 shall be taken.

(Prior Code, § 16-7-1) (Ord. 94-497, passed 5-10-1994)

16-7-2 DEFINITIONS.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

APPLICABLE WATER QUALITY STANDARD. A numeric or narrative water quality criteria that limits the quality or concentration of pollutants that may be present in navigable waters as defined in 33 U.S.C. 1362(7).

AUTHORIZED ENFORCEMENT OFFICIAL. The Director of Public Works, City Services Supervisor, City Utility Supervisor, Code Enforcement Inspector, police officer, fire officer or City Attorney.

BEST MANAGEMENT PRACTICES (BMPS). The schedules of activities, prohibitions and practices, general good housekeeping practices, pollution prevention practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spilling or leaks, sludge or waste disposal or drainage from raw material storage. (40 C.F.R. 122.2)

DISCHARGE. Any addition of any pollutant to waters of the United States from any point source.

ILLICIT DISCHARGE. Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from municipal separate storm sewer system) and discharges resulting from fire fighting activities. (40 C.F.R. 122.26(b)(2))

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). Includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches and man made channels or storm drains which are not part of Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.

NONRESIDENTIAL USER. Any real property that is or is intended to be used for commercial, industrial, agricultural or recreational purposes; the immediate vicinity of five or more connected residential dwelling units and residential subdivisions or dwellings that have never been occupied by a bona fide purchaser or tenant.

NON STORMWATER DISCHARGE. Any discharge that is not entirely composed of stormwater.

NPDES PERMIT. A National Pollutant Discharge Elimination System permit issued pursuant to Section 402 of the Federal Water Pollution Control Act, 33 U.S.C. 1342.

POLLUTANT. Solid, liquid, gases or other substances that can alter the physical or chemical properties of water, including, but not limited to, fertilizers, solvent, sludge, petroleum and petroleum products, biological materials, radio active materials, sand, dirt, animal waste, acids, bases, anti freeze, brake fluid and other automotive chemicals, insecticides, soaps, detergents, paints and other household chemicals.

POLLUTION. The presence of pollutants on land or in stormwater.

PREMISES. Any building, lot, parcel, real estate or land or portion of land, either improved or unimproved, including adjacent sidewalks and parking strips.

PUBLIC STORM DRAINAGE SYSTEM. All or any part of the storm drains, ditches, pipes, graded areas and gutters located within publicly owned easements, public rights of way, public parks, streets, roads or highways or in common areas or real property leased from the city that are used for collecting or conveying stormwater.

RELEASE. Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping or disposing into or on any land in a manner that can cause pollution, whether or not the released materials have actually entered the stormwater drainage system.

SIGNIFICANT MATERIALS. Includes, but is not limited to, raw materials, fuels, materials such as solvents, detergents, plastic pellets, finished materials such as metallic products, raw materials used in food processing or production, hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. 9601(14), any chemical the facility is required to report pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. 11023, fertilizers, pesticides and waste products, such as ashes, slag and sludge that have the potential to be released with stormwater discharges.

STORMWATER. Stormwater runoff, snow melt runoff and surface runoff and drainage, 40 C.F.R. 122.26(b)(12).

WATERS OF THE UNITED STATES OR WATERS OF THE STATE.

(1) All waters which are currently used, were used in the past or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.

(2) All interstate waters, including interstate wetlands.

(3) All other waters such as intrastate lakes, rivers, streams (including intermittent streams) mudflats, sand flats, wetlands, sloughs, prairie pot holes, playa lakes or natural ponds, the use, degradation or destruction of which would affect or could affect interstate or foreign commerce, including any such waters:

(a) Which are or could be used by interstate or foreign travelers for recreational or other purposes;

(b) From which fish or shell fish are or could be taken and sold in interstate or foreign commerce; or

(c) Which are used or could be used for industrial purposes by industries in interstate commerce;

(4) All impoundments of waters, otherwise defined as waters of the United States under this definition;

(5) Tributaries of waters identified in subsections (1) through (4) above;

(6) The territorial sea;

(7) Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (1) through (4) above; and

(8) Waste treatment systems, including treatment ponds or lagoons designed to meet the requirements of the Clean Water Act (other than cooling ponds as defined in 40 C.F.R. 423.11(m) which also meet the criteria of this definition) are not waters of the United States. This exclusion applies only to man made bodies of water which neither were originally created in the waters of the United States (such as disposal areas and wetlands) or resulted from the impoundment of waters of the United States. (40 C.F.R. 122.2.)

(Prior Code, § 16-7-2) (Ord. 94-497, passed 5-10-1994)

16-7-3 PROHIBITION OF NON STORMWATER DISCHARGES TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM; EXCEPTION.

(A) Discharge of pollutants prohibited. The discharge of all non stormwater discharges to the MS4 is prohibited. All discharges of material other than stormwater must be in compliance with a NPDES permit issued for the discharge.

(B) Exceptions to discharge prohibition. The following discharges are exempt from the prohibition set forth in subsection (A) of this section:

(1) The prohibition on discharges shall not apply to any discharge regulated under a National Pollutant Discharge Elimination System (NPDES) permit issued to the discharger under the authority of the United States Environmental Protection Agency, provided that the discharge is in full compliance with all regulations;

(2) Fire hydrant flushing, water line flushing and other discharges from potable water sources; foundation or footing drains that are not contaminated by significant materials; naturally occurring seeps, springs, wet lands or riparian areas; non agricultural irrigation water and residential lawn watering; irrigation water; diverted stream flows; rising ground waters; uncontaminated ground water infiltration to separate storm sewer; uncontaminated pumped ground water; air conditioning condensation and residential evaporative cooler runoffs; vehicle washing at no charge in residential areas or not for profit fund raisers for educational or public service groups; dechlorinated swimming pool discharges; flows from fire fighting; flows already covered by a NPDES permit; and dust control watering.

(Prior Code, § 16-7-3) (Ord. 94-497, passed 5-10-1994)

16-7-4 CONTROLS TO REDUCE POLLUTANTS IN STORMWATER.

(A) Reduction of pollutants in stormwater. Any person engaged in activities which may or will result in pollutants entering the MS4 shall take all practical measures to reduce such pollutants. Examples of such activities shall include construction activities that disturb one acre or more, or if the activity is part of a larger common plan of development or sale that would disturb one acre or more, and/or ownership and use of facilities which may be a source of pollutants, such as parking lots, gasoline stations, industrial facilities, commercial facilities, stores fronting city streets and the like. Stormwater management facilities and practices (structural and non-structural control measures, respectively) shall be designed to allow for the maximum removal of pollutants and reduction in flow velocities. Stormwater management facilities shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater management facility, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater management facility. In addition, a binding convenant specifying the party/parties responsible for the proper maintenance of all stormwater management facilities shall be secured prior to approval of final subdivision plat and issuance of any permits for land disturbance activities. The use of non-structural stormwater treatment practices is encouraged in order to minimize the reliance on structural practices.

(B) Littering.

(1) No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the city, so that the same might be or become a pollutant, except in the designated collection containers or in lawfully established dumping grounds.

(2) The occupant or tenant, or in the absence of occupant or tenant, the owner, lessee or proprietor of any real property in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from said sidewalks shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

(3) No person shall throw or deposit any litter in any fountain, pond, lake stream or any other body of water in a park or elsewhere within the city.

(C) Standard for parking lots and similar structures. Persons owning or operating a parking lot, gas station, pavement or other similar structure shall clean those structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants to the MS4.

(D) Illicit discharge and illicit connections. It is prohibited to establish, use, maintain or continue illicit drainage connections to the MS4 system and to commence or continue any listed discharges to the

MS4. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

(E) Permission required to connect to the municipal separate storm sewer system (MS4); fee; violation; classification.

(1) A person desiring to make a connection to the MS4 or to cause flood water or other stormwaters to be emptied into the MS4 shall first apply to the city for permission to make the connection. The city may require the connection to be made in such a manner as it directs and may impose reasonable conditions and such reasonable connection fee as it deems proper or, if reasonably justified by the circumstances, may refuse permission. In addition, the city may require any action or impose any restriction that the city considers reasonably necessary to meet the city’s obligations, if any, to comply with local, state or federal water quality laws.

(2) A person making a connection which causes flood waters to be so discharged without first having obtained permission is guilty of a misdemeanor if actual degradation of receiving waters can be shown, but, in addition, may be prosecuted under state or federal felony statutes for knowingly causing any such degradation.

(F) Interceptors required. Grease, oil or sand interceptors shall be provided for laundries, restaurants, service stations, auto repair shops, car washes and other facilities when, in the opinion of the city, they are necessary for the proper handling of liquid waste containing grease or oil in excessive amounts or any flammable waste, sand and other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. Interceptors shall not be required where a total runoff from a 100 year six hour storm can be retained on site in retention basins.

(1) Interceptors type, capacity and location. All interceptors shall be of a type and capacity approved by the Director of Public Works and shall be located as to be readily and easily accessible for cleaning and inspection.

(2) Interceptors construction of grease and oil interceptors. Grease and oil interceptors shall be constructed of impervious materials capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water tight and equipped with easily removable covers. When the bolted covers are required, they shall be gas tight and water tight.

(3) Interceptors maintenance. Where installed, all grease, oil and sand interceptors shall be maintained by the owner, at the owner’s expense, in continually efficient operation at all times.

(G) Compliance with best management practices. Where best management practices guidelines or requirements have been adopted by any federal agency, the State of Arizona, a regional and/or city agency, for any activity, operation or facility which may cause or contribute to stormwater pollution or contamination, illicit discharges or discharge of non storm water to the stormwater system, any person undertaking such activity or operation or knowing or operating such facility shall comply with such guidelines or requirements (as may be identified by the City Engineer).

(H) Notification of intent and compliance with general permits.

(1) Each industrial discharger, discharger associated with construction activity or other discharger described in any general stormwater permit addressing such discharges, as may be adopted by the United States Environmental Protection Agency, shall provide notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such discharges.

(2) Each discharger, identified in an individual NPDES permit relating to stormwater discharge, shall comply with and undertake all activities required by such permit.

(I) Discharge in violation of permit. Any discharges that would result in or contribute to a violation of any present or future NPDES permit (Municipal Separate Storm Sewer System permit) and any amendment, revision or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, identify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

(J) Watercourse protection.

(1) Any person owning the property through which a watercourse passes or such person’s lessee or tenant shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse shall maintain existing privately owned structures within or adjacent to the watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance or remove such vegetation in such a manner as to increase the vulnerability of the watercourse to erosion.

(2) No person shall commit or cause to be committed any of the following acts, unless a written permit has first been obtained by the Director of Public Works:

(a) Discharge into or connect any pipe or channel to a watercourse;

(b) Modify the natural flow of water in a watercourse;

(c) Carry out development within any creek, channel or 20 feet outside at the top of a bank;

(d) Deposit in, plant in or remove any material from a watercourse, including its banks, except as required for necessary maintenance;

(e) Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or

(f) Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow or to cause a probability of such material being carried away by stormwaters passing through such watercourse.

(Prior Code, § 16-7-4) (Ord. 94-497, passed 5-10-1994; Am. Ord. 06-1025, passed 9-25-2006)

16-7-5 INSPECTION.

(A) The authorized enforcement official is authorized and directed to make inspections of real property, including structures and buildings as necessary to assess compliance with this chapter, a stormwater NPDES permit issued to the city or with stormwater NPDES permits applicable to the property.

(B) Inspections conducted pursuant to this chapter may be expanded to include items covered by other chapters of the city code that relate to the quality or management of stormwater.

(Prior Code, § 16-7-5) (Ord. 94-497, passed 5-10-1994)

16-7-6 ENFORCEMENT.

(A) The remedies specified herein are cumulative and the authorized enforcement official may proceed under these or any other remedies authorized by law. In addition to any other authorized remedies, any person who violates any provisions of this chapter shall be guilty of a misdemeanor. Each day of violation of each element of this chapter shall be a separate offense.

(B) Any owner, occupant or other person having control over an activity or any land who causes, permits, facilitates, aids or abets any violation of any provision of this chapter, or who fails to perform any duties required by this chapter, is guilty of a class one misdemeanor.

(C) The authorized enforcement official may issue a notice of violation to any person who has violated or is in violation of this chapter or an NPDES permit applicable to stormwater. Failure to perform any act required in the notice of violation shall be a separate violation for each day beyond the tenth calendar day following the issuance of the notice of violation.

(D) Any person who transfers ownership, occupancy or control of any activity or land that is in violation of this chapter shall continue to be responsible for any fines or penalties that could be imposed for violations that originate prior to transfer and which continue after transfer unless the transferee accepts responsibility for any violations that continue after the transfer.

(E) A person who violates this chapter is subject to a civil action in any court of competent jurisdiction to collect a civil sanction of not less than $50 nor more than $2,500 for each violation. Each day of each violation shall constitute a separate civil offense.

(F) The owner of record of the property upon which a violation of this chapter occurs shall be presumed to be a person having lawful control over an activity or parcel of land. If more than one person is identified as the owner of record, such person shall be presumed to be jointly and severally in lawful possession and control of the activity or land.

(Prior Code, § 16-7-6) (Ord. 94-497, passed 5-10-1994)