Bradbury Municipal Code Ch. 3 Stormwater and Urban Runoff Pollution Prevention Measures

The purpose of this chapter is to protect the health, safety and general welfare of the citizens of the City by:

(1) Regulating the discharge of non-stormwater fluids into the municipal stormwater drainage system;

(2) Providing for the control of spillage, dumping, or disposal of contaminants, chemicals, or materials into the municipal stormwater drainage system; and

(3) Reducing pollutants in stormwater and urban runoff to the maximum extent practicable.

(Prior Code, § 7300)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Illicit connection means any device which is connected to the storm drain system that conveys an illicit discharge.

Illicit discharge means any discharge into the storm drain system that does not meet the requirements of this chapter.

NPDES means National Pollutant Discharge Elimination System.

Non-stormwater runoff means the flow of any fluid that is not entirely composed of stormwater.

Storm drain system means those facilities which convey runoff fluids and suspended solids to the waters of the United States, including streets, alleys, roads, ditches, channels, curbs, gutters, catchbasins, pipes, streams, creeks and rivers.

Stormwater runoff means the flow of rainwater.

(Prior Code, § 7301)

Unless such discharge or deposit is authorized by an NPDES permit or fully complies with a City-approved stormwater pollution prevention plan, no person or company shall cause or allow any discharge or deposit or cause or suffer to be discharged or deposited from any source in a manner which will or may cause or result in the pollution of any underground or surface waters by discharging in open channels, gutters, inlets, storm drains, swales, or flow across public property. No person shall discharge or cause to be discharged any sewage, contaminated waters, or vapors into open channels, gutters, inlets storm drains, swales, or flow across public property that have any one of the following characteristics: any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; any ashes, cinders, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, manure, or any other solid or viscous substance capable of causing obstruction to the flow in storm drains or other interference with the proper operation of the storm drain works.

(Prior Code, § 7302)

No person or company shall spill, dump, dispose or place any illicit material into any storm drain system.

(Prior Code, § 7303)

(a) Any person or company engaging in construction activity that requires an NPDES construction permit must demonstrate possession of such permit before grading and/or building permits can be issued. The NPDES permit shall be retained on site and shall be shown to City officers or inspectors at their request.

(b) The following best management practices shall apply to all construction sites:

(1) Runoff sediment and construction waste from construction sites and parking areas shall not leave the site.

(2) Any sediments or other materials which are tracked off the site shall be removed the same day as they are tracked off the site. Where determined necessary by the Building Official or the Building Official's designated representative, a sediment barrier shall be installed.

(3) Excavated soil shall be located on the site in a manner that eliminates the possibility of sediments running into the street or adjoining properties. Soil piles shall be covered until the soil is either used or removed.

(4) The washing of concrete, oil, gas, or debris into public streets or storm drain systems is prohibited. Such activity shall be conducted on the construction site only, providing contaminants are disposed of properly.

(Prior Code, § 7304)

(a) The violation of any provision of this chapter, or failure to comply with any of the requirements of this chapter, shall constitute a misdemeanor, except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.

(b) In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance, may be summarily abated and/or restored by any authorized enforcement officer, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City.

(c) The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be invoiced to the owner of the property. If the invoice is not paid within 60 days, a lien shall be placed upon and against the property. If the lien is not satisfied within three months, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

(d) If any violation of this chapter constitutes a seasonal recurrent nuisance, the City Council may so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

(e) In any administrative or civil proceeding under this chapter in which the City prevails, the City shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, cost of suit and reasonable attorney fees.

(Prior Code, § 7305)

Fees to be charges for plan checking, monitoring and any other activities carried out by the City under this chapter shall be set by the City Council by resolution.

(Prior Code, § 7306)