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HomeMy WebLinkAboutOrdinance 10- 1763 BMC Title 14, Providing for New Storm Water Regulations t- A O. 2� CO �fp ORDINANCE NO. 1763 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW TITLE TO BE NUMBERED TITLE 14, PROVIDING FOR NEW STORM WATER REGULATIONS. WHEREAS, it is the intent of the City Commission to protect the health, safety and welfare of the citizens of Bozeman; and WHEREAS, the generation of increased storm water runoff from developed sites can degrade water quality and cause increased flooding; and WHEREAS, storm water can cause injury to adjacent properties and persons if not appropriately controlled and discharged; and WHEREAS, lack of appropriate storm water control may create significant financial and regulatory burdens upon the City of Bozeman and therefore its citizens; and WHEREAS, it is the intention of the City to establish standards and procedures to ensure effective, efficient and consistent means of preventing injury, damage, and expense from storm water; and WHEREAS, it is the intention of the City that this ordinance and its provisions be applicable to any activity by any individual or entity engaging in the disposal of any pollutant that has the potential to adversely impact the water quality of watercourses, water bodies, or groundwater. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by adding a new title, to be numbered Title 14, to read as follows: TITLE 14 STORM WATER CHAPTER 14.02 POLICY, PURPOSE, DEFINITIONS, AND GENERAL PROVISIONS 1 14.02.010 Purpose and intent. The Purpose and intent of this Ordinance is to: A. Protect and enhance the water quality of Bozeman Creek, the East Gallatin River, water bodies, groundwater and wetlands in a manner pursuant to and consistent with the Clean Water Act of 1972 and the US EPA Phase II Storm Water Regulations. B. Minimize non -storm water discharges to storm drains and minimize pollutants in storm water discharges. C. Provide design, construction, operation, and maintenance criteria for permanent and temporary on -site storm water management facilities to control storm water runoff. D. Establish legal authority to conduct inspections, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. E. Establish legal authority to develop, implement, and enforce a program to reduce pollutants in storm water runoff from construction activities. F. Establish legal authority to develop, implement, and enforce a program to address storm water runoff from new developments and redevelopment projects. G. Provide an equitable distribution of cost for the program including but not limited to the fee schedule in accordance with "Rates for Storm Sewers" as hereafter established by Commission Resolution. Discharges into the municipal separate storm sewer system (MS4) may be subject to further regulation by the U.S. Environmental Protection Agency, Montana Department of Environmental Quality and local agencies owning and operating an MS4. Local agencies owning and operating portions of the MS4 in Bozeman include, but are not limited to, Gallatin County, Montana State University (Bozeman), and the Montana Department of Transportation. This ordinance provides for the regulation of contributors or dischargers to the City's storm water collection system through the development of a storm water management program, including issuance and enforcement of private and public construction Storm Water Pollution Prevention Plans (SWPPP) to address construction site storm water, enforcement of adopted Best Management Practice (BMP) construction standards, enforcement of post construction storm water BMP maintenance, and the detection and elimination of illicit discharges. This ordinance authorizes monitoring and enforcement activities, requires user reporting, protects the State and receiving waters, and establishes penalties and remedies for violations of the storm water ordinance. 14.02.020 Policy. It is the policy of the City to protect the health and welfare of its citizens and environment by monitoring, reducing, and regulating discharges that may cause pollution to the environment. 14.02.030 Applicability. This ordinance shall apply to all construction and maintenance activities for industrial, commercial, institutional, single household and multi household residential developments, as 2 well as subdivision projects with private access which may introduce pollutants into any private or public storm drain, or any body of water within the City's MS4 jurisdiction. Exceptions include activities that are contained entirely on Federal, State, or County lands and do not impact adjacent jurisdictions or MS4s. Additionally, permanent and temporary storm water management controls and facilities, constructed as part of any activities listed in this section, which are located within the City's MS4 jurisdiction, are also subject to this ordinance. 14.02.040 Regulatory Consistency. This ordinance shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and the Montana Pollutant Discharge Elimination System Permit and any amendments, revisions or re- issuance thereof. Activities regulated by this ordinance may be subject to further regulation by the specific public entity owning and operating an MS4. No permit or approval issued pursuant to this ordinance shall relieve a person of the responsibility to secure permits and approvals required for activities regulated by any other applicable rule, code, act, permit or ordinance. 14.02.050 City Storm Water Master Plan. The City's Storm Water Master Plan provides additional policy, criteria and information including specifications and standards for the proper implementation of the requirements of this ordinance and is incorporated by reference herein. Design and construction of storm water facilities shall meet minimum water quality performance standards that are outlined in the City's Design Standards that are separate from the Master Plan. 14.02.060 Ultimate Responsibility of Discharger. The standards set forth in and promulgated pursuant to this ordinance are minimum standards. This ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants into waters of the State caused by that person. This ordinance shall not create liability on the part of the City, or any City agent or employee for any damages that result from any discharger's reliance on this ordinance or any administrative decision lawfully made pursuant to this ordinance. 14.02.070 Severability. If any provision, clause, sentence, or paragraph of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. 14.02.080 Definitions. The terms as used in this Ordinance shall have the following meanings: 3 1) "Authorized Enforcement Agent" means s The City Engineer or any individual designated by the City Engineer as an Authorized Enforcement Agent. 2) "Best Management Practices" (BMPs) means schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of State waters. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3) "Bozeman Non -Storm Water Disposal Best Management Practices" means best management practices adopted by reference by this Ordinance for non -storm water disposal. 4) "BMC" means the Bozeman Municipal Code. 5) "City" means the City of Bozeman, Montana. 6) "CFR" means the Code of Federal Regulations 7) "Clean Water Act (CWA)" means the Federal Water Pollution Control Act enacted by Public Law 92 -500 as amended by Public Laws 95 -217, 95 -576, 96 -483, and 97 -117; 33 USC 1251 et seq. 8) "Comprehensive Drainage Plan" means a storm water management plan that covers all current and anticipated development on a site greater than 5 acres and sites planned for phased development, including the impact on existing off -site infrastructure. 9) "Concentrated Flow" means the parameters exceed the median concentration in Table 2 of the General Permit for MS4s and the flow exceeds dry weather flow conditions. 10) "Construction Activity" means any work that results in land disturbance of any nature. 11) "Control Measure" means any Best Management Practices or other methods used to prevent or reduce the discharge of pollutants to state waters. 12) "Design Standards" means the City Design Standards and Specifications Policy prepared and updated by the City Engineering Department. 13) "Development" means any construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure within the jurisdiction of the City of Bozeman as well as any manmade change or alteration to the landscape, including but not limited to, mining, drilling, dredging, grading, paving, excavating and filling. 14) "Director of Public Services" means the Director of the Bozeman Public Services Department. 4 15) "Discharge" means any introduction or addition of any pollutant, storm water, or any other substance into the municipal storm sewer system (MS4), waters of the State, or into waters of the United States by a person. 16) "Discharger" means any person who causes, allows, permits, or is otherwise responsible for a discharge including, without limitation, any operator of a construction site or industrial facility. 17) "Fire Fighting Water" means any water, and any substance or materials contained therein, used in an emergency to control or extinguish a fire. 18) "Illicit Connection" means: (a) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4 including, but not limited to, any conveyances which allow any 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 the 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 MS4 which has not been documented in plans, maps or equivalent records and approved or permitted by the City. 19) "Illicit Discharge" means any discharge to an MS4 that is not composed entirely of storm water except the following discharges not identified as significant contributors of pollutants listed in the General Permit and allowable under the City's MS4 program. 20) "Impervious Surface" means a surface which prevents or retards the penetration of water into the ground including, but not limited to, roofs, sidewalks, patios, driveways, parking lots, concrete and asphalt paving, gravel, compacted native surfaces and earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of storm water. 21) "Maximum Extent Practicable" (MEP) means the technology -based discharge standard for Municipal Separate Storm Sewer Systems to reduce pollutants in the storm water discharges that was established by the Clean Water Act, §402(p). A discussion of MEP as it applies to MS4s is found in ARM 17.30.1111(5). 22) "MDEQ" means the Montana Department of Environmental Quality, a state regulating agency. 23) "MPDES Permit" means the Montana Pollution Discharge Elimination System, an area wide MPDES permit that is issued to a government agency or agencies for the discharge of pollutants from any point source into the waters of the State or United States. 5 24) "MS4" means the municipal separate storm sewer system. 25) "Municipal Separate Storm Sewer System (or MS4)" means a conveyance or system of conveyance (including roads with drainage systems, municipal streets, catch basin, curb, gutters, ditches, manmade channels, or storm drains) owned or operated by a public body (created under State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as sewer district, irrigation district, flood control district or drainage district, or similar entity that discharges to the waters of the United States and which are not part of a Publicly Owned Treatment Works (POTW) as defined in ARM Title 17, Chapter 30, Sub chapter 13. 26) "National Pollutant Discharge Elimination System Permit (NPDES) means a permit issued by MDEQ, in compliance with the Federal Clean Water Act for the discharge of pollutants from any point source into the waters of the State or United States. 27) "NOI" means Notice of Intent. 28) "NOT" means Notice of Termination. 29) "Notice of Intent (or NOI)" means submittal required by the State under the General Permit for storm water discharges associated with construction activity. 30) "Notice of Termination (or NOT)" means submittal required by the State under the General Permit for storm water discharges associated with construction activity. The construction site has been finally stabilized and the operator desires to be relieved of responsibility on the General Permit coverage period. 31) "Non -Storm water Discharge" means any discharge that is not entirely composed of storm water. 32) "Off -Site Storm water" means any runoff crossing property lines that discharges to public right -of -way, property not included in the SWPPP, or property owned by others. 33) "Owner or Operator" means (a) A person who owns, leases, operates, controls, or supervises a point source; (b) For the purpose of permitting "storm water discharge associated with construction activity" means any "owner or operator" associated with a construction project, who is a person designated as an eligible signatory, who has operational control over the construction plans and specifications and has day to day operational control at the project to ensure compliance with the SWPPP. 34) "Person" means any individual, firm, association, club, organization, corporation, partnership, business trust, company or other entity which is recognized by law as the subject of rights or duties. 35) "Plan" pertains to Storm Water Master Plan. 6 36) "Point Source" means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which pollutants are or may be discharged. 37) "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water, and as otherwise defined in 40 CFR 122.2. 38) "Premises" means any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. 39) "Redevelopment" means a project that proposes to add, replace and/or alter impervious surfaces affecting an existing drainage system, other than routine maintenance, resurfacing, or repair. A project which meets the criteria of a major modification as defined in this section shall be considered a redevelopment. 40) "State Waters" means any body of water, irrigation system, or drainage system, either surface or underground. 41) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage. 42) "Storm Water Management" means the process of collection, conveyance, storage, treatment, and disposal of storm water to ensure control of the magnitude and frequency of runoff and to minimize the hazards associated with flooding. Also includes implementing controls to reduce the discharge of pollutants including management practices, control techniques and systems, design and engineering methods. 43) "Storm Water Design Standards" means the Design Standards manual prepared by the City of Bozeman Engineering Office which provides design, performance, and review criteria for storm water management practices. 44) "Storm Water Management Plan" means details of the on -site drainage system, structures, BMPs, concepts and techniques that will be used to control storm water, including drawings, engineering calculations, computer analyses, maintenance and operations procedures, and all other supporting documentation for developments equal to or less than five (5) acres. 45) "Storm water Pollution Prevention Plan" (SWPPP) means under the State's General Permit for Storm Water Discharges Associated with Construction Activities which 7 characterizes the construction activity, potential sources of pollutants, and Best Management Practices (BMPs) to help ensure pollutants do not reach surface waters. 46) "Storm water System" means the physical facilities, both private and public, temporary or permanent, designed to treat, collect and transport storm water which includes, but is not limited to; curbs, inlets, pipe, box culverts, swales, ditches, ponds, French drains, boulder pits, wattles, and silt fences. 47) "Total Maximum Daily Load" (TMDL) means the sum of the individual waste load allocations for point sources and load allocations for both nonpoint sources and natural background sources established at a level necessary to achieve compliance with applicable surface water quality standards, as defined in Montana Code Annotated (MCA) 75 -5 -103. 48) "U.S. EPA" means the United States Environmental Protection Agency. 49) "Unified Development Ordinance" (UDO) means the entire chapter 18 of the Bozeman Municipal Code. 50) "Variance" means a modification of the requirements of the Ordinance. 51) "Watercourse" means any body of water including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the City or State. 52) "Wetland" means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that, under normal circumstances, does support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Also includes any area meeting the definition of wetland under Title 18, BMC. CHAPTER 14.04 DISCHARGE PROHIBITIONS 14.04.010 Prohibitions of Illicit Discharges. A. It shall be unlawful to discharge or cause to be discharged into the MS4 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 or that could cause the City to be in violation of its MPDES. It shall be unlawful to store, handle or apply any pollutant in a manner that will cause exposure to rainfall or runoff and discharge to the MS4 and to State waters or waters of the United States. B. The commencement, conduct, or continuance of any discharge not composed entirely of storm water to the MS4 is prohibited except as follows: 8 1. Discharges pursuant to an MPDES General Permit for MS4s permit and discharges due to firefighting activities. 2. Discharges from the following activities shall not be considered a source of pollutants to the MS4 and to State waters when properly managed, and shall not be considered illicit discharges unless determined by the City to be significant contributors of pollutants to the MS4, concentration of pollutants, proximity to a water course, or condition of a receiving water: irrigation water; irrigation ditch return flows; landscape irrigation; permitted diverted stream flows; rising ground waters; rising natural flood waters; uncontaminated ground water infiltration to separate storm sewers; uncontaminated pumped ground water; discharges from potable water sources; foundation drains; air conditioning condensation; springs; water from crawl space pumps; footing drains; lawn watering (excluding over watering); individual residential car washing; individual residential dechlorinated swimming pool and hot tub discharges; individual residential street washing; fire hydrant flushing; water line flushing; flows from riparian habitats and wetlands; uncontaminated water from irrigation system meter pits (and flows from emergency firefighting activities). Before applying the listed exceptions, the City shall make a determination on a case -by -case basis as to what is considered significant contributors of pollutants. In addition, the following non -storm water discharges need not be prohibited from entering the MS4, provided approved control measures to minimize the impacts from the sources are implemented: Municipally owned dechlorinated swimming pool discharges; Municipal water tank draining and water from street washing (including sidewalks and medians) that is conducted by City staff or under contract with the City. 9 3. The City may exempt, in writing, other non -storm water discharges which are not a significant source of pollutants to the City's MS4 or State waters. 14.04.020 Prohibitions of Illicit Connections. A. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. B. 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. C. A person is in violation of this ordinance if the person connects a line conveying sewage or other pollutant to the MS4, or allows an existing connection to continue. D Illicit connections must be disconnected at the owner's expense. E. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property upon receipt of written notice from the City of Bozeman. The notice will specify a reasonable time period to locate the drain or conveyance, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations shall be documented and provided to the City Engineering Office. No person shall throw, deposit, leave, maintain, wash or rinse, keep any substance that may cause or contribute to pollution, or permit any such substance to be thrown, deposited, left, maintained, washed or rinsed, in or upon any public or private property, driveway, parking area, street, alley, sidewalk, catch basin, manhole, ditch, channel, pond or any other component of the MS4, or State waters. Pollutants for this purpose include but are not limited to oil, solvents, anti- freeze, flammables, septage, poisonous or infectious substances, garbage, soaps, acids, bases and sediment. Wastes deposited in streets in a manner allowed by the City for the purpose of collection are exempted from this prohibition. 14.04.030 Parking Lots and Similar Structures. A. Persons owning or operating a paved parking lot, gas station pavement, paved private street, road, alley, or similar structure or persons conducting routine building wash downs, shall clean and maintain those structures or areas prior to discharging to a storm drain. B. Newly constructed and /or significantly remodeled covered parking garages or other covered structures shall be drained into a storm water system in accordance with this ordinance and other Bozeman ordinances or Design Standards. The owner and operator of a private storm water collection system may be required to construct control 10 structures to ensure the pre- treatment of such discharges prior to entry into the storm water system. Existing structures are exempt unless deemed by the City to be a significant contributor of pollution to the storm water system. 14.04.040 Outdoor Storage Areas Commercial and Industrial Facilities. In outdoor areas, no person shall store grease, oil or other pollutants including restaurant grease bins in a manner that will or may result in such substances entering a storm water system. In outdoor areas, no person shall store motor vehicles, machine parts, or other objects in a manner that may leak grease, oil, or other hazardous substances to a storm drain. To prevent the discharge of hazardous substances to the MS4, the City may require the installation of a spill containment system. Spill containment systems may consist of a system of dikes, walls, barriers, berms, or other devices as required. No person shall operate a spill containment system such that it allows incompatible liquids to mix and thereby create a hazardous condition. CHAPTER 14.06 CONSTRUCTION ACTIVITY 14.06.010 Required Construction Submittals. A. Any construction within the City's MS4 area shall comply with the provisions of this ordinance, City's Storm Water Master Plan, and the State's General Permit for Storm Water Discharges Associated with Construction Activity (MCA) 75 -5 -101, Administrative Rules of Montana (ARM 17.30.1301 and ARM 17.30.601). The City will require, at a minimum, an executed copy of the State standard Notice of Intent (NOI) form for a storm water discharge associated with construction activity under the General Permit and a Storm Water Pollution Prevention Plan (SWPPP), and a Notice of Termination (NOT) for construction sites either one acre or larger, for each phase of a construction site that exceeds one acre, or within 50 feet of any water course including irrigation and storm water ditches for construction sites of less than one acre. B. Any person performing support activities related to a construction site (e.g. concrete or asphalt batch plants, equipments staging yards, material storage areas, etc.) within the City's MS4 area may require the following; NOI, SWPPP, NOT, similar to the requirements of construction activity provided that: 1. The support activity is not a commercial operation serving multiple unrelated construction projects and does not operate beyond the completion of the construction activity; 2. Appropriate controls and measures are identified in the SWPPP for discharge from support activity; 11 3. The support activity disturbs an area that is one acre or greater in size or is within 50 feet of any water course. C. In accordance with the State's reporting requirements the property owner shall also notify the City when there is any facility contact change, any spill or release, any finding that there has been non compliance with the SWPPP. D. The City shall conduct all inspections of any construction activities requiring a SWPPP for all work within the MS4 area. E. The City will enforce the requirements under the State's General Permit for Storm Water Discharges Associated with Construction Activity in whole or in part determined by the City's Enforcement Agent. F. The owner shall retain completed and signed copies of the NOI, MDEQ's confirmation letter for receipt of the NOI package, and a SWPPP at the construction activity project site at all times during the coverage period. If the operator does not maintain a permanent office or building at the project site, copies of these documents shall be retained at the operator's office and shall be brought to the project site by the operator responsible for implementation of the SWPPP. G. Upon failure of the owner to take corrective actions on, or prior to, a required date on a reported or observed spill or the potential to release pollutants, including sediment, into the storm water system the City may either perform the corrective work or employ contractors to do the same. The owner shall reimburse the City for all expenditures pertaining to the corrective action H. The City's Enforcement Agent has the authority to issue a stop work order pursuant to the remediation of a current violation or the potential of a violation of this ordinance. I. Permission to enter. The City's Enforcement Agent, may conduct such investigations, examinations and site evaluations as they deem necessary to verify the information supplied or the execution of approved work. The submission of material for review shall constitute a grant of permission to enter the subject property. The grant of permission shall continue until all final actions required by the approval process have been completed including any follow up monitoring. The permission to enter extends to contractors working on the City's behalf. 14.06.020 Storm water Management. A. Erosion Control Owner /Operator Shall: 1. Stabilize disturbed soil using recommended methods described in the City's Storm water Master Plan; 12 2. Stabilize or cover soil stockpiles to prevent sediment runoff or blowing of dust or sediment from the site; 3. Prevent upland runoff that may erode disturbed slopes. B. Sediment Control Owner /Operator Shall: 1. Provide sediment controls in the form of settling basins or traps, temporary seeding, perimeter controls or other BMP described in the City's Storm Water Master Plan; 2. Where possible, design settling basins in a manner that allows adaption to provide long -term storm water management; 3. Protect adjacent properties by the use of a vegetative buffer, silt fence, fiber roles, or other appropriate BMP as outlined in the City's Storm Water Master Plan. C. Construction Site Access Owner /Operator Shall: 1. Limit the number of temporary access entrances onto a construction site; 2. Implement BMP's to ensure that sediment is not tracked onto public streets or alleys by construction vehicles, or washed into storm drains. D. Removal of Temporary Erosion Control Devices— Owner /Operator Shall: Remove all temporary erosion control devices upon establishing 70% or greater permanent ground cover on a lot. E. Emergency Construction Owner /Operator Shall: Clean up or contain sediment or debris resulting from the emergency construction activity in response to emergencies where services are being restored by a franchised utility company or contractor which are not subject to the requirements of a SWPPP. F. Construction Waste Management Owner /Operator Shall: At a minimum, control waste such as discarded building materials, concrete truck washout water, chemicals, litter, and sanitary waste at the construction site that may adversely impact adjoining property, public right -of -way, or the storm water collection system. Failure to maintain good housekeeping practices at the construction site is a violation of this ordinance. G. Site Inspection 1. An Authorized Enforcement Agent shall establish the appropriate frequencies for inspection of construction storm water pollution prevention measures or BMPs at all active construction sites. 13 2. The permittee or his /her agent will be required to perform regularly scheduled site inspections, at least every fourteen (14) calendar days, and within twenty four (24) hours after major storm events to ensure all BMPs have been constructed and are functioning properly. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. Permittee shall document all inspections in writing and make inspection records available for review by the City. 14.06.030 Construction Activity on Less than One Acre. The City may apply this ordinance in whole or in part for construction sites or lots that are less than one acre if it is determined that appropriate good housekeeping practices or best management practices are not being implemented to minimize impacts such as, but not limited to, erosion and sediment transport into public right -of -way or any adjoining property that causes storm water runoff that exceeds pre construction activities. 14.06.040 Construction Activity on Lots Within a Master Plan Development. Individual lot development, regardless of the lot size, or part of a master plan development, must follow good housekeeping practices and best management practices as outlined in the SWPPP for the development. CHAPTER 14.08 REGULATIONS AND REQUIREMENTS 14.08.010 Requirement to Control and Reduce Storm water Pollutants. A. New Development and Redevelopment: The City's Storm Water Master Plan, UDO, and Design Standards outline appropriate BMPs to control the volume, rate, and the potential of pollutants in storm water runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants. B. Responsibility to Implement BMPs: Any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4 or State waters, shall implement BMPs to the maximum extent practicable to provide protection from discharge into the MS4. BMPs shall be provided and maintained at the owner's or operator's expense. The City Engineer, or designee, shall have the authority to require the installation, operation and /or maintenance of BMPs. The City Engineer shall also have the authority to require the removal of temporary BMPs. 14.08.020 Requirement to Eliminate Illicit Discharges. 14 The City may require, by written notice, that a person or entity responsible for an illicit discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illicit discharges at violator's expense. 14.080.030 Requirement to Eliminate or Secure Approval for Illicit Connections. A person responsible for an illicit connection to the MS4 shall comply with the requirements of this ordinance and shall eliminate or secure approval for the connection, whether the connection or discharges to it had been established or approved prior to or after the effective date of this ordinance. An application seeking approval for the connection shall be submitted in writing to the City Engineering Department. 14.080.040 Watercourse Protection. Any person owning property through which a watercourse passes, or that person's lessee, shall keep and maintain all parts of the watercourse within that property reasonably free of trash, debris, excessive vegetation and other obstacles that would pollute, or significantly restrict the flow of water through the watercourse. The owner or lessee shall maintain any existing privately owned structures within or adjacent to that watercourse, so that those structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation unless it is reasonably necessary for maintenance. The owner or lessee shall not remove vegetation if it will increase the vulnerability of the watercourse to erosion. The property owner shall maintain and stabilize the watercourse within the property owner's property boundaries in a manner that will protect against any erosion and degradation of the watercourse originating on or flowing through their property. Actions to protect a watercourse shall be coordinated and consistent with the City's watercourse setbacks as described in Section 18.42.100, BMC. 14.080.050 Requirement to Remediate. Whenever the City finds that a discharge of pollutants, within the MS4 area, is taking place or has occurred which will result in or has resulted in pollution of storm water, the MS4 or State waters, the City will notify the responsible person or entity in writing and give them a reasonable opportunity to remediate the affected property in accordance with the provisions of this ordinance using a remediation plan pre- approved by the City Engineer or designee. The City, or a designated contractor, may remediate the affected property at the owner's or responsible person's or entity's expense if the owner or responsible person does not take corrective actions within a reasonable time. Remediation plans shall be submitted to the City by the owner or responsible person and approved prior to the start of the remediation. The plan shall include, but may not be limited to, a remediation schedule, a course of action, a list of personnel performing remediation work and a list of equipment to be used. Whenever a violation of this ordinance constitutes an emergency presenting imminent danger of serious injury to persons or property, the City may remediate the conditions giving rise to the 15 violation through an available public agency or by contract or arrangement with private persons, and the cost of such abatement shall be paid by the owner of the property. 14.080.060 Requirement to Monitor and Analyze. The City may require any person engaged in any activity or owning or operating any facility which may cause or contribute to storm water pollution, illicit discharges or non -storm water discharges to the MS4 or State waters to undertake, at the person's or owner's expense, monitoring and analysis by a State certified laboratory pursuant to the provisions of this ordinance, and furnish reports to the City of Bozeman Engineering Department as deemed necessary to determine compliance with this ordinance. 14.080.070 Notification of Spills. Notwithstanding other requirements of law, as soon as any owner of or any person responsible for a facility or operation has information of any known or suspected release of pollutants discharging into storm water, the MS4, or State waters from that facility, that person shall take all necessary steps to ensure the discovery, containment and cleanup of the release. In the event of a release of a Pollutant, the person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release not requiring an emergency response, that person shall notify the City by calling the City's Engineering Department within twenty -four (24) hours, and providing a written notice thereto within five (5) business days. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or responsible person must make and keep an onsite written record of the circumstances of the discharge and the actions taken to prevent its recurrence. These records shall be retained for not less than five (5) years. 14.080.080 Discharge Pursuant to MPDES Permit. The prohibition of discharges shall not apply to any discharge regulated under an MPDES permit issued and administered by DEQ, provided that the Discharger is in full compliance with all requirements of the permit and other applicable laws or regulations. Compliance with an applicable MPDES permit governing discharges into the MS4 shall be considered compliance with this ordinance. 14.080.090 Noncompliance with MPDES Permits. Any discharge that would constitute a violation of an MPDES Permit and any amendments, revisions or re- issuance thereto, when either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person(s) causing or responsible for the discharge, the permittee shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action against the permit holder relating to such discharge as provided by applicable rules of law. All persons in charge of a facility are to comply with applicable federal and state laws including facility personnel, training, training record maintenance, training records, maintenance of notification procedures, and implementation of notification requirements for spill response to assure containment, 16 cleanup, and immediate notification to the owner and operator of the MS4. Individuals responsible for spills are to comply with applicable state and federal notification requirements to assure containment, clean up, and immediate notification to the owner and operator of the MS4. CHAPTER 14.10 STORM WATER MANAGEMENT PLANS AND COMPREHENSIVE DRAINAGE PLANS 14.10.010 Requirements. To control the quality, volume and rate of storm water runoff to storm drains and prevent the deterioration of water quality, all new developments and redevelopment projects will be required to submit a storm water management plan or a comprehensive drainage plan to the City Engineering Department for approval. The Storm Water Master Plan and City Design Standards establish standards and guidelines for implementing BMPs and storm water management is incorporated by reference and made part of this ordinance. A. A comprehensive drainage plan is required for all development larger than 5 acres. B. A storm water management plan is required for all developments equal to or less than 5 acres and are designated as a sketch plan or larger in accordance to UDO Section 18.34, or are within 50 feet of a watercourse. C. Redevelopment projects will be required to submit storm water management plans or operation and maintenance plans if they meet the criteria found in the Storm Water Master Plan, Design Standards, UDO Section 18.34, or this ordinance. D. Storm water management plans and comprehensive drainage plans shall: 1. Prevent any off -site direct discharge of untreated storm water and non -storm water from development or redevelopment improvements. 2. Minimize increased post development discharge rates or volumes. 3. Provide for the removal of total suspended solids or other constituents so as to meet the Median Concentration of the State General Permit for MS4s generated from development or redevelopment runoff prior to any off -site discharge. 4. Continue BMPs for appropriate periods of time. 5. Protect ground water from development runoff infiltration. 6. Implement accepted BMPs to minimize impact of a development on existing offsite infrastructure and storm water facilities. 7. Address other storm water issues identified by the City. 17 8. Comply with Section II, City of Bozeman Design Standards, and Chapter 18.42, Development Standards, City of Bozeman Unified Development Ordinance E. All drainage system reports, peak flow rates and runoff volume calculations, safety requirements, and grading plans shall be certified by a licensed professional authorized by the State of Montana to perform such functions. F. The City reserves the right to amend, modify and /or add requirements to the Storm water Master Plan. 14.10.020 Submission and Review Process. A. Storm water management plans and comprehensive drainage plans shall be submitted as part of the development application process at the time a subdivision or a site development application is submitted. The plans shall be submitted to the City of Bozeman Engineering Department with a permit fee in an amount provided for in a fee schedule adopted by the City Commission. No plan shall be approved if it: 1. Increases the peak level of storm water runoff from impervious surfaces above a level from the site if left in its natural, undeveloped condition. 2. Does not address items required by the storm water pollution prevention plan, comprehensive drainage plan or storm water management plan deemed necessary by the City. B. No final plat, final site plan, or building permit shall be issued without an approved storm water management plan or comprehensive drainage plan as required under this section. C. The City shall be notified of the commencement of any development covered by a comprehensive drainage plan and the owner or responsible person shall provide certification by a licensed professional authorized by the State of Montana that the development conforms with the previously approved plan. D. Major modifications to an approved comprehensive drainage plan or storm water management plan shall be submitted to the City's Engineering Department for approval. E. Approval of a plan does not relieve the owner or responsible party from the duty to ensure the systems and their safety measures function as designed. F. Approval may be suspended or revoked at any time if conditions are not as stated or shown in the approved plan or implementation of the plan is not proceeding as approved. 18 G. Approval of a storm water management plan or a comprehensive drainage plan may be revoked or suspended if the project is not completed within two years after it is approved or development has ceased for a period of more than two years; however, a one -year extension may be granted upon a written request which provides the reason(s) for the delay or cessation of development and specifies a time frame for completion or commencement of development. Revocation or suspension shall be coordinated with the revocation or suspension of other relevant development approvals by the City. H. The owner will receive written notice the revocation of any plan setting forth the reasons for the revocation. The owner may appeal a revocation to the City Board of Appeals within ten (10) business days from the effective date of the suspension or revocation. I. If a storm water management plan or a comprehensive drainage plan is revoked, the owner shall submit a new plan for approval, with the requisite fee, prior to starting or continuing the planned project or development. J. If strict application of the requirements of this ordinance would result in undue hardship, the owner may request in writing an engineering variance detailing the reason for the request and provide supporting documentation. The cost associated with implementing minimum BMPs will not be considered an undue hardship. 14.10.030 Maintenance of Storm water Facilities. A. Storm water facilities shall be maintained by the owner or other responsible party in a condition so that the facilities will function as designed. B. Waste shall be disposed of from maintenance of facilities in accordance with applicable federal, state and local laws and regulations. C. The owner or other responsible party shall create and maintain records of installation and maintenance and repair for the life of the development and shall be made available to the Engineering Department upon request. D. Any failure to maintain facilities or to correct deficiencies at facilities within a reasonable time after receiving written notice from the Enforcement Agent may result in criminal or civil penalties. The City may perform corrective or maintenance work the owner or responsible person fails or refuses to perform within a reasonable time at the owner's expense. CHAPTER 14.12 INSPECTION AND ENFORCEMENT 14.12.010 Inspections. 19 A. The owner or other responsible party shall conduct annual inspections of the facilities and shall maintain records of such inspections for the life of the development. B. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance, or whenever an Authorized Enforcement Agent has reasonable cause to believe that there exists any condition which may constitute a violation of the provisions of this ordinance in any building or upon any premises, the Authorized Enforcement Agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Authorized Enforcement Agent by this ordinance; provided that (1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and (2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. C. If permission is refused or denied, or if it is not possible to locate the owner or responsible person and no emergency exists, the Authorized Enforcement Agent shall obtain a warrant before entering the premises. If an emergency exists presenting imminent danger of serious injury to persons or property, the Authorized Enforcement Agent may immediately enter into any building or upon any premises within the jurisdiction of the city for purposes of inspection or abatement. D. The City may conduct routine inspections as deemed necessary to carry out the objectives of this ordinance, including but not limited to, random sampling and /or sampling in areas with evidence of storm water pollution, illicit discharges, or similar factors. E. Unreasonable delays in allowing the City access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. 14.12.020 Enforcement. Any deviation from what is declared in this article constitutes a violation. 14.12.030 Sampling. With the consent of the owner or occupant or with authorization from a Court of competent jurisdiction, any City Enforcement Agent may establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the City Enforcement Agent may take any samples deemed necessary to aid in the pursuit of the inquiry or to record the on -site activities, provided that owners or occupants shall be entitled to split samples. Samples shall be collected, stored and transported in conformance with accepted sampling and testing standards, including chain -of- custody. 14.12.040 Testing and Monitoring. 20 A. Whenever the City Engineer, or designee, determines that any person engaged in any activity or owning or operating any facility that may cause or contribute to an illicit discharge to the storm water system, the City Engineer, or designee, may, by written notice, order that such person undertake such monitoring activities and /or analysis and furnish such reports as the City Engineer, or designee, may recommend. The written notice shall be served either in person or by certified or registered mail, return receipt requested, and shall set forth the basis for such order and shall describe the monitoring activities and /or analysis and reports required. The owner or operator shall perform the actions ordered by the City Engineer and shall pay for all costs of these activities, analysis and reports. The recipient of such order shall undertake and provide the monitoring, analysis and reports within the time frames set forth in the order. B. In the event the owner or operator of a facility fails to conduct the monitoring and /or analysis and furnish the reports required by the Order in the time frames set forth therein, the City may cause such monitoring and /or analysis to occur and assess all costs incurred, including reasonable administrative costs and attorney's fees, to the facility owner or operator. The City may pursue judicial action to enforce the Order and recover all costs incurred. 14.12.050 Notice of Violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the City may order compliance by written notice of violation to the responsible person. The Notice of Violation shall contain: (1) The name and address of the alleged violator; (2) The address when available or a description of the building, structure or land upon which the violation is occurring, or has occurred; (3) A statement setting forth the facts which constitute the violation; (4) A description of the remedial measures necessary to restore compliance with this ordinance and a time schedule for the completion of such remedial action; (5) A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; (6) A statement that the determination of violation may be appealed to the City Board of Appeals by filing a written notice of appeal within ten (10) calendar days of service of notice of violation; and (7) A statement specifying that, should the violator fail to restore compliance within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. 21 Such notice may require, without limitation: (1) Monitoring, analysis, and reporting; (2) Elimination of illicit connections or discharges; (3) That discharges, practices, or operations in violation of this Article shall cease and desist; (4) Abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; (5) Payment of a civil fine to cover administrative and remediation costs; and (6) Implementation of source control or treatment BMPs. 14.12.060 Continuing Violations. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this ordinance is committed, continued or permitted by the person and shall be punishable accordingly, as herein provided. 14.12.070 Violations Constituting Misdemeanors. The knowing violation of any provision of this ordinance, or knowing failure to comply with any of the mandatory requirements of this ordinance shall constitute a misdemeanor. 14.12.080 Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this ordinance shall constitute a violation of this Article. 14.12.090 Violations Deemed a Public Nuisance. A. In addition to the penalties herein provided, any condition caused or permitted to exist in violation of any of the provisions of this Chapter may be considered a threat to the public health, safety, welfare and the environment, may be declared and deemed a nuisance by the City Engineer, or designee, and may be summarily abated and /or restored by the City and/or civil action taken to abate, enjoin or otherwise compel the cessation of such nuisance. B. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. 22 C. In any administrative or civil proceeding under this ordinance in which the City prevails, the City may be awarded all costs of investigation, administrative overhead, out -of- pocket expenses, costs of administrative hearings, costs of suit and reasonable attorneys' fees. 14.12.100 Civil Actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City. In any such action, the City may seek, and the Court shall grant, as appropriate, any or all of the following remedies: A. A temporary and /or permanent injunction. B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation. D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City to be used exclusively for costs associated with monitoring and establishing storm water discharge control systems and/or implementing or enforcing the provisions of this Ordinance. E. Fines to City for MPDES permit violations. 14.12.110 Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this ordinance, any City Enforcement Agent has the authority to utilize the following administrative remedies. A. Cease and Desist Orders. When a City Enforcement Agent finds that a discharge has taken place or is likely to take place in violation of this Ordinance, the agent may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with the requirement; (b) comply with a time schedule for compliance, and/or (c) take appropriate remedial or preventive action to prevent the violation from recurring. B. Notice to Clean. Whenever a City Enforcement Agent finds any oil, earth dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds or in close proximity to any open drain or ditch channel, which may result in an increase in pollutants entering the storm drain or a non -storm water discharge to the storm drain, he or she may give notice to remove and lawfully dispose of such material in any manner that he or she reasonably may provide. The recipient of 23 such notice shall undertake the activities as described in the notice within the time frames set forth therein. In the event the owner or operator of a facility fails to conduct the activities as described in the notice, the City Engineer, or designee, may cause such required activities as described in the notice to be performed, and the cost thereof shall be assessed and invoiced to the owner of the property. If the invoice is not paid within sixty (60) calendar days, a lien shall be placed upon and against the property. 14.12.120 Nonexclusivity of Remedies. Remedies under this Ordinance are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. 14.12.130 Appeal. Any person notified of non compliance with this ordinance or required to perform monitoring, analysis, reporting and/or corrective action, who is aggrieved by the decision of the City Enforcement Agent, may appeal such decision in writing to the Board of Appeals within 10 business days following the effective date of the decision or written notice. Upon receipt of such request, the City Engineer shall request a report and recommendation from the City Enforcement Agent and shall set the matter for administrative hearing at the earliest practical date. At said hearing, the City Engineer may hear additional evidence, and may revoke, affirm or modify the City Enforcement Agent's decision. Such decision shall be final. 14.12.140 Disclaimer of Liability. The degree of protection required by this Ordinance is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this Ordinance does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters of the United States. This Ordinance shall not create liability on the part of the City, any agent or employee thereof for any damages that result from reliance on this Chapter or any administrative decision lawfully made there under. Section 2 Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this growth policy which may be given effect without the invalid provision or application and, to this end, the provisions of this growth policy are declared to be severable. 24 Section 3 Savings Provision. This ordinance does not affect the rights of duties that matured, penalties and assessments that were incurred or proceedings that began before the effective date of this ordinance. Section 4 Effective Date. The effective date of this ordinance is April 22, 2010. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 25 day of January 2010. J 4 7 SS O r S A ou EW CITY 883 x.. riN co. X 10 PASSED; ADOPTED AND FINALLY APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 22 day of March, 2010. J K.USS 25 S A G 1 1� pix< c APPROVED AS TO FORM: SULLIVN CIT ATTORNEY 26