HomeMy WebLinkAboutItem 1: PH on an Ordinance Concerning Stormwater Provisions
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Public Hearing: An Ordinance Concerning Stormwater Provisions; Amending Section
6.010 of the Eugene Code, 1971; Amending the Title of “Stormwater Service” in Chapter
6 of that Code; and adding 6.615 to that Code
Meeting Date: November 20, 2006 Agenda Item Number: 1
Department: Public Works Staff Contact: Peggy Keppler
www.eugene-or.gov Contact Telephone Number: 682-2869
ISSUE STATEMENT
The purpose of this public hearing is to solicit testimony on the proposed code amendments to Chapter 6
(Attachment A: Draft Ordinance) to include maintenance enforcement authority for stormwater
management. The proposed changes will include defining the failure to maintain stormwater facilities
required by Chapter 9 a public nuisance and establishing compliance and abatement authority.
BACKGROUND
The proposed code amendments are intended to implement the enforcement authority necessary to
ensure that stormwater facilities are operated and maintained in compliance with the recently adopted
stormwater development standards.
On October 10, 2005, the City Council reviewed and discussed the City’s new stormwater National
Pollution Discharge Elimination System (NPDES) permit and other stormwater program developments.
A motion approved by the council directed the City Manager to develop a fiscal year 2007 budget which
included funds for additional stormwater permit-related items, including the implementation and
enforcement of stormwater development standards.
On June 12, 2006, the City Council approved Ordinance No. 20369 Stormwater Development
Standards. Stormwater development standards are regulations for locating, designing, constructing, and
maintaining stormwater facilities, applicable to new development.
On July 17, 2006, the City Manager approved a companion design manual, the Eugene Stormwater
Management Manual, which sets forth the selection and locating, designing, and construction
requirements for approved stormwater facilities.
RELATED CITY POLICIES
Stormwater development standards are a component of the City’s Stormwater Program initiated with the
adoption of the Comprehensive Stormwater Management Plan (CSWMP) and as required through the
Department of Environmental Quality (DEQ)’s issuance of the City’s National Pollutant Discharge
Elimination System (NPDES) Permit.
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The City Council adopted the Comprehensive Stormwater Management Plan (CSWMP) in 1993 which
provides a policy framework for stormwater services provided by the City. CSWMP includes specific
policy direction to: “Create, implement and enforce water quality based drainage standards (structural
and non-structural) for new development” (policies 1.2 and 1.5 and Implementation Measure #P&A7).
The City of Eugene received its first National Pollution Discharge Elimination System (NPDES) permit
in 1994, a requirement of the Clean Water Act for communities greater than 100,000 in population. The
City’s NPDES stormwater permit was renewed in March 2004. An evaluation of the City’s stormwater
management program in light of the new permit requirements identified adoption of stormwater
development standards (Attachment B: BMP E4) as a gap in the City’s Stormwater Management Plan
which needs to be filled in order to remain in compliance with the City’s NPDES permit.
COUNCIL OPTIONS
Not applicable, this is a public hearing only.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the Mayor and City Council convene the public hearing. Action on
the ordinance is scheduled for the council meeting to be held on November 27, 2006.
SUGGESTED MOTION
Not applicable; this is a public hearing only.
ATTACHMENTS
A.Draft Ordinance
B.BMP E4
FOR MORE INFORMATION
Staff Contact: Peggy Keppler
Telephone: 682-2869
Staff E-Mail: peggy.a.keppler@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. _______
AN ORDINANCE CONCERNING STORMWATER PROVISIONS;
AMENDING SECTION 6.010 OF THE EUGENE CODE, 1971;
AMENDING THE TITLE OF “STORMWATER SERVICE” IN CHAPTER 6
OF THAT CODE; AND ADDING SECTION 6.615 TO THAT CODE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. Section 6.010 of the Eugene Code, 1971, is amended by relettering
the current subsection (o) to (p), and adding a new subsection (o) to provide:
6.010 Nuisances Affecting the Public
. The following are nuisances which may
be abated as provided in this code:
(o) Failure to maintain stormwater facilities. A violation of sections
6.600 through 6.615 of this code, the Stormwater Management
Manual adopted by administrative order of the city manager as
authorized by section 9.6790 of this code, or an operations and
maintenance agreement.
([o])
pOthers. Any other thing, substance, condition, or activity prohibited by
state law, common law, this code, other ordinances, or which is
determined by the council to be injurious or detrimental to the public
health, safety, or welfare of the city.
Section 2.
The title of “Stormwater Service” which appears immediately
before Section 6.600 of the Eugene Code, 1971, is amended as follows:
Stormwater Service
and Facility Maintenance
Section 3
. Section 6.615 is added to the Eugene Code, 1971, to provide:
6.615 Stormwater Facility Operation and Maintenance.
(1) Purpose. The purpose of section 6.615 is to ensure that
stormwater management facilities designed and constructed in
accordance with sections 9.6790 through 9.6797 of this code and
the Stormwater Management Manual adopted by administrative
order of the city manager are operated and maintained in a manner
Ordinance -
1
ATTACHMENT A
that protects life and property from flood and drainage hazards,
protects water quality, and protects the waterways in the
headwaters area from the erosive effects of runoff.
(2) Applicability. Section 6.615 applies to all stormwater facilities
designed and constructed in accordance with sections 9.6791
through EC 9.6797 of this code and the Stormwater Management
Manual.
(3) Maintenance responsibility.
(a) Unless the city accepts the responsibility to operate and
maintain a stormwater facility, all stormwater management
facilities shall be privately operated and maintained.
(b) All stormwater facilities shall be operated and maintained in
accordance with the applicant’s Operations and Maintenance
Plan submitted to the city with the application proposing the
private operation and maintenance of the stormwater facility.
(4) Reports. Periodic reports verifying that the stormwater facility is
and has been operated and maintained as required in (3)(b) above,
shall be prepared and submitted to the city within the time and
manner required by administrative rules adopted by the city
manager pursuant to section 2.019 of this code.
(5) Enforcement.
(a) Inspections. The city may make periodic inspections to
ensure compliance with this code, the Stormwater
Management Manual, and the Operations and Maintenance
Plan. Authorized representatives of the city may enter
private property at reasonable times to ensure such
compliance and to conduct on-site inspections or routine
maintenance of stormwater facilities. If the premises are
occupied, the city representative shall first present proper
credentials and request entry. If the premises are
unoccupied, reasonable efforts shall first be made to locate
the owner or person in charge of the premises and request
entry. No person shall deny a request for, or interfere or
prevent any inspection authorized by this section. Should
entry be refused, the city shall have recourse to every
remedy provided by law to secure entry, including the
issuance of a search warrant.
(b) Violations. Failure to operate and maintain a stormwater
facility in accordance with section 6.615, the Stormwater
Management Manual or the Operations and Maintenance Plan
may result in:
1. The issuance of a stop work order or compliance order
by the city;
2. The issuance of a citation into municipal court for
violation of this code;
Ordinance -
2
ATTACHMENT A
3. The imposition of an administrative civil penalty
pursuant to the provisions of section 2.018 of this code
as authorized by section 6.995 of this code;
4. An order to investigate all of the impacts caused by the
violation; and/or
5. Abatement of the unlawful actions as a nuisance as
provided in sections 6.005 through 6.115 of this code,
including, but not limited to, complete restoration of all
impacts to open waterways resulting from the unlawful
actions.
(c) For purposes of subsections (5)(b)2 and (5)(b)3 of section
6.615, each date that the unlawful condition exists shall
constitute a separate violation.
(d) For purposes of enforcing an administrative civil penalty
imposed under this section and, if applicable, entry of a lien
pursuant to section 2.018(11), if the violation for which the
penalty was imposed involves a stormwater facility located
on a portion of a planned unit development, condominium or
other development that is commonly owned or owned by a
homeowners’ association, each parcel or unit in the
development shall be liable for the administrative civil
penalty, and the city may enter a lien for the full amount of
the unpaid administrative civil penalty against each parcel or
unit in the development.
(e) Failure to file a periodic report required by subsection (4) of
this section and administrative rules adopted pursuant to
that section may result in imposition of an administrative
civil penalty pursuant to the provisions of section 2.018 of
this code.
(f) Appeal. Any person to whom a stop work order or
compliance order is issued may appeal the stop work order
or compliance order within the time and in the manner
prescribed in section 2.021 of this code. Notwithstanding
any other provision of this code, a stop work order or
compliance order shall be effective upon issuance, and shall
continue in effect during the pendency of any appeal.
(6) Rules and fees. The City manager may adopt rules and fees for
implementation of section 6.615, using the procedures in sections
2.019 and 2.020 respectively of this code.
Section 4.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to administratively correct any reference errors contained
Ordinance -
3
ATTACHMENT A
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended, or repealed herein.
Passed by the City Council this Approved by the Mayor this
___ day of _____________, 2006 ___ day of ____________, 2006
___________________________ __________________________
City Recorder Mayor
Ordinance -
4
ATTACHMENT B
E4 BMP Fact Sheet
Stormwater Development Standards
Responsible Department/Division: BMP Contact:
Public Works / Engineering
Engineering Division Director
BMP Description:
Finalize, implement, and enforce stormwater development standards: regulations for locating,
designing, constructing, and maintaining water quality facilities for new development and
significant re-development. (Note: Stormwater development standards are controls for
postconstruction water quality. Standards for erosion control during construction related to new
development are covered under BMP E2).
Background:
There is a direct link between impervious surfaces associated with stormwater runoff from urban
development and the quality of the City’s surface and ground waters. As properties develop, the
impervious surfaces that are created increase the amount of runoff during rainfall events,
disrupting the natural hydrologic cycle. Without control, these conditions erode stream channels
and limit groundwater recharge. New and expanded parking lots, roadways, and rooftops
increase the pollution levels in stormwater runoff that is transported to streams, rivers, and
groundwater resources. Protecting these waters is vital for a great number of uses, including fish
and wildlife habitat, recreation, and drinking water.
The City’s proposed stormwater development standards will: address future water quality
impacts from new development; address the existing water quality condition through
redevelopment; ensure that sensitive headwater streams are not further impacted from new
development; and address high pollutant land uses and activities. Stormwater development
standards will be implemented by adoption of an ordinance and
associated design manual, establishment of an inspection/enforcement program, identification
and budgeting of necessary resources to implement the new program, training related to the new
requirements, evaluation, and adaptive management.
BMP Activities:
Complete review process with Stormwater Department Advisory Committee, a group of
•
citizens providing feedback on City staff recommendations.
Conduct presentations to stakeholder groups and host an open house to obtain feedback
•
on the proposed standards in advance of the adoption process.
Determine personnel needs to oversee the design review, inspection, enforcement,
•
monitoring and maintenance of water quality facilities.
Review Street Design Standards for consistency with water quality standards; evaluate the
•
need for any revisions to street design standards or related implementation processes.
Finalize the draft stormwater development standards and process for adoption by elected
•
officials by the end of Permit Year Three.
Provide education and training for City staff and the design and development community.
•
Second Annual Report Part II – Evaluation Report
December 2005
Page II-92
ATTACHMENT B
Establish an inspection and enforcement program to ensure compliance with construction,
•
operations and maintenance requirements for water quality facilities.
Implement new stormwater management requirements by the end of Permit Year Three.
•
Develop a method for assessing the effectiveness of the stormwater development
•
standards and associated facilities.
Develop an on-going method for identifying proposed capital projects where water
•
quality standards should be incorporated, and develop a method for incorporating the new
standards.
Review the design manual every three years and update as appropriate, to reflect changing
•
conditions, evolving technology, and lessons learned.
Assessment Methods:
Number of outreach events, including Public Works Stormwater Department Advisory
•
Committee meetings and presentations to special interest groups.
Number of training workshops and workshop attendance.
•
Copy of ordinance and associated design manual to DEQ.
•
Number of private projects incorporating water quality facilities.
•
Number of public projects incorporating water quality facilities.
•
Number of facilities constructed or approved.
•
Number of inspections and maintenance activities performed.
•
Results of water quality monitoring for selected facilities.
•