16-7-4 Controls to reduce pollutants in stormwater

§ 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.

(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.

(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).

(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.

(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;

(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)