10/26/2010 Ordinances 9277CHAPTER 40
STORM WATER MANAGEMENT
ORDINANCE NO. 9277
§40-1. PURPOSE/INTENT.
The purpose of this ordinance is to provide for the health, safety, and general welfare of the
citizens of Grand Island, Nebraska through the regulation of non-storm water discharges to the
storm drainage system to the maximum extent practicable as required by federal and state law.
In addition, to control land disturbances, or eliminate soil erosion and sedimentation within the
City of Grand Island, Ne. This ordinance establishes methods for controlling the introduction of
pollutants into the municipal separate storm sewer system in order to comply with requirements
of the National Pollutant Discharge Elimination System permit process. The objectives of this
ordinance are:
(1) To regulate the contribution of pollutants to the municipal separate storm sewer system by
discharges by any person.
(2) To prohibit illicit connections and discharges to the municipal separate storm sewer system.
(3) To prevent non-storm water discharges generated as a result of spills, inappropriate
dumping, or disposal to the City of Grand Island separate storm drainage system.
(4) To reduce pollutants in stormwater discharges from construction activity by guiding,
regulating, and controlling the design, construction, use, and maintenance of any development or
other activity that disturbs or breaks the topsoil or results in the movement of earth on land.
(5) To require the construction of locally-approved, permanent stormwater runoff controls to
protect water quality and maintain non-erosive hydrologic conditions downstream of
construction activity and development.
(6) To require responsibility for and long-term maintenance of structural stormwater control
facilities and nonstructural stormwater management.
(7) To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this ordinance.
§40-2. DEFINITIONS.
For the purposes of this ordinance, the following shall mean:
Authorized Enforcement Agency: The City of Grand Island and its employees or third parties
designated to enforce this ordinance.
Best Management Practices: Schedules of activities, prohibitions of practices, general good
house keeping practices, pollution prevention and educational practices, maintenance procedures,
and other management practices to prevent or reduce the discharge of pollutants directly or
indirectly to storm water, receiving waters, or storm water conveyance systems. Best
Management Practices also include treatment practices, operating procedures, and practices to
control site runoff, spillage, leaks, sludge disposal, water disposal, or drainage from raw
materials storage.
Building Phase o Development: Period of construction activity when a portion(s) of a common
plan of development or sale requires a building permit.
Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any
subsequent amendments thereto.
Common Plan of Development or Sale: A contiguous area where multiple separate and distinct
land disturbing activities may be taking place at different times, on different schedules, but under
one proposed plan which may include, but is not limited to, an announcement or piece of
documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing,
permit application, zoning request, computer design, ect.) or physical demarcation (including
boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur
on a specific plot.
Construction Activity: Activities subject to National Pollutant Discharge Elimination System
Construction Permits. Such activities include, but are not limited to, clearing, grubbing, grading,
excavating, demolition and other land disturbing actions.
Construction Site: Any location where construction activity occurs.
Contractor: Any person performing or managing construction work at a construction site,
including, but not limited to, any construction manager, general contractor or subcontractor, and
any person engaged in any one or more of the following: earthwork, pipework, paving, building,
plumbing, mechanical, electrical, landscaping or material supply.
ClearinQ• Any activity that removes the vegetative surface cover.
Disturbed Area: Area of the land's surface disturbed by any work or activity upon the property
by means including but not limited to grading, excavating, stockpiling soil, fill, or other
materials, clearing, vegetation removal, removal or deposit of any rock, soil, or other materials,
or other activities which expose soil. Disturbed area does not include the tillage of land that is
zoned for agricultural use.
Drainage Plan: A schematic of the proposed area and how it connects to city's storm sewer
system. Include proposed location, grade, direction of flow, elevations, drainage structures and
drainage areas.
Earthwork: The disturbance of soil on a site associated with construction activities.
Erosion: The detachment and movement of soil or rock fragments by water, wind, ice or
gravity.
Erosion Control: Measures that prevent soil erosion to the maximum extent practicable.
Erosion and Sediment Control Plan: A plan that indicates the specific measures and sequencing
to be used for controlling sediment and erosion on a development site during construction
activity according to locally approved standards, specification, and guidance.
Final Stabilization: When all soil disturbing activities at the site have been completed, and
vegetative cover has been established with a uniform density of at least 70 percent of pre-
disturbance levels, or equivalent permanent, physical erosion reduction methods have been
employed. For purposes of this Ordinance, establishment of a vegetative cover capable of
providing erosion control equivalent to pre-existing conditions at the site is considered final
stabilization.
Financial Security: A surety bond, performance bond, maintenance bond, irrevocable letter of
credit, or similar guarantees provided to the City of Grand Island to assure that a construction
Stormwater Pollution Prevention Plan is carried out in compliance with requirements of this
Ordinance.
Hazardous Materials: Any material, including any substance, waste, or combination thereof,
which because of its quantity, concentration, or physical, chemical, or infectious characteristics
may cause, or significantly contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated, stored, transported,
disposed of, or otherwise managed.
Illicit Discharge: Any direct or indirect non-storm water discharge to the storm drainage system
unless exempted by this ordinance.
Illicit Connections:
(a) Any drain or conveyance, whether on the surface or subsurface, which allows any illicit
discharge to enter the storm drainage system including, but not limited to, any conveyance
which allows any non-storm water discharge including sewage, process wastewater, or wash
water to enter the storm drainage system.
(b) Any connections to the storm drainage system from indoor drains and sinks regardless of
whether said drain or connection has been previously allowed, permitted, or approved by an
authorized enforcement agency.
(c) Any drain or conveyance connected from a commercial or industrial land use to the storm
drainage system which has not been documented in plans, maps, or equivalent records and
approved by an authorized enforcement agency.
(d) An Illicit Connection does not include connections that have been formerly approved or
connections that are allowed under section 40-8 of this code.
Industrial Activity: Activities subject to National Pollutant Discharge Elimination System
Industrial Permits.
Municipal Separate Storm Sewer System: Publicly-owned facilities by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities,
retention and detention basins, natural and human-made or altered drainage ditches/channels,
reservoirs, and other drainage structures.
National Pollutant Discharge Elimination System Storm Water Discharge Permit• Means a
permit issued by Environmental Protection Agency (or by the State of Nebraska under authority
delegated to it) that authorizes the discharge ofpollutants to waters ofthe United States, whether
the permit is applicable on an individual, group, or general area-wide basis.
NDE :Nebraska Department of Environmental Quality.
N.O.I.: Notice of Intent.
N.O. T.: Notice of Termination.
Out all: The point of discharge to any watercourse from a public or private stormwater drainage
system.
Non-Storm Water Discharge: Any discharge to the storm drainage system that is not composed
entirely of storm water.
Operator: The individual who has day-to-day supervision and control of activities occurring at
the construction site. This can be the owner, the developer, the general contractor or the agent of
one of these parties. It is anticipated that at different phases of a construction project, different
types of parties will satisfy the definition of 'operator' and the pertinent portions of any
applicable permit authorization from the State of Nebraska will be transferred as the roles
change.
Owner: The person who owns a facility, development, part of a facility, or land.
Permittee: The applicant in whose name a valid permit is issued.
Person: Any individual, association, organization, partnership, firm, corporation or other entity
recognized by law.
Phasing: Clearing a parcel of land in distinct phases, with the stabilization of each phase before
the clearing of the next.
Pollutant: Anything which causes or contributes to pollution. Pollutants include; but are not
limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid
and solid wastes; yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, and accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform
and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result
from constructing a building or structure; and noxious or offensive matter of any kind.
Post-Construction: The general time period referenced in perpetuity from the approval for final
acceptance of the construction phase of any construction activity.
Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Receiving Water: Any water of the State of Nebraska, including any and all surface waters that
are contained in or flow in or through the State of Nebraska, all watercourses, even if they are
usually dry, irrigation ditches that receive municipal stormwater, and storm sewer systems
owned by other entities.
Sediment: Soil (or mud) that has been disturbed or eroded and transported naturally by water,
wind or gravity, or mechanically by any person.
Sediment control: Measures that prevent eroded sediment from leaving the site.
Site: The land or water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
Site plan: A plan or set of plans showing the details of any land disturbance activity of a site
including but not limited to the construction of structures, open and enclosed drainage facilities,
stormwater management facilities, parking lots, driveways, curbs, pavements, sidewalks, bike
paths, recreational facilities, ground covers, plantings and landscaping.
Spill: A release of solid or liquid material, which may cause pollution of the Municipal Separate
Storm Sewer System or waters of the State.
Stabilization: The use of practices that prevent exposed soil from eroding.
Storm Drainage System: Publicly-owned facilities by which storm water is collected and/or
conveyed, including, but not limited to; any roads with drainage systems; municipal streets;
gutters; curbs; inlets; piped storm drains; pumping facilities; retention and detention basins;
natural and human-made or altered drainage channels; reservoirs; and other drainage structures.
The storm drainage system in Grand Island is a municipal separate storm sewer system as
defined by applicable federal regulations.
Storm Water: Any surface flow, runoff, or drainage consisting entirely of water from any form
of natural precipitation, and resulting from such precipitation.
Stormwater Pollution Prevention Plan: A document which describes the Best Management
Practices and activities to be implemented by a person or business to identify sources of
pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to
storm water, storm water conveyance systems, and/or receiving waters to the maximum extent
practicable.
Subdivision Development: Includes activities associated with the platting of any parcel of land
into two or more lots and all construction activity taking place thereon.
Utility Agency/Contractor: Private utility companies, public utility departments, or other utility
providers, contractors working for such private utility companies, or public entity utility
departments, or other utility providers engaged in the construction or maintenance of utility lines
and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television
and communication services.
Wastewater: Means any water or other liquid, other than uncontaminated storm water,
discharged from any premises or facility. Wastewater includes sewage that is treated at the
City's Waste Water Treatment Plant.
Waters of'the State: Any and all surface and subsurface waters that are contained in or flow in or
through the State of Nebraska. The definition includes all watercourses, even if they are usually
dry.
§40-3. APPLICABILITY.
This ordinance shall apply to all water entering the storm drainage system generated on any
developed and undeveloped lands unless explicitly exempted.
§40-4. RESPONSIBILITY FOR ADMINISTRATION.
The City of Grand Island shall administer, implement, and enforce the provisions of this
ordinance. Any powers granted or duties imposed upon the City of Grand Island may be
delegated by the Mayor or City Administrator to persons or entities acting in the beneficial
interest of or in the employ of the City.
§40-5. SEVERABILITY.
The provisions of this ordinance are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this ordinance or the application thereof to any person, establishment,
or circumstances shall be held invalid, such invalidity shall not affect the other provisions or
application of this ordinance.
§40-6. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this ordinance are minimum
standards. Compliance with this ordinance does not act as a waiver or defense to any person for
contamination, pollution, or unauthorized discharge of pollutants. Ultimate responsibility for
prohibited acts rests with persons who own or are in possession or control of premises from
which the discharge of contaminates or pollutants emanates.
§40-7. ILLICIT DISCHARGE.
No person shall discharge or cause to be discharged into the municipal storm drainage system
or watercourses 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. The
commencement, conduct or continuance of any illicit discharge to the storm drainage system is
prohibited except as allowed under section 4-8 of this code described.
§40-8. ALLOWED DISCHARGE.
(a) The following discharges are exempt from discharge prohibitions established by this
ordinance:
Water line flushing or other potable water sources; landscape irrigation or lawn watering;
diverted stream flows; rising ground water; ground water infiltration to storm drains;
uncontaminated pumped ground water; foundation or footing drains (not including active
groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs;
non-commercial washing of vehicles; natural riparian habitat or wet-land flows; swimming pools
(if dechlorinated -typically less than one PPM chlorine); fire fighting activities; and any other
water source not containing Pollutants.
(b) Discharges determined by the City to be necessary to protect public health and safety.
(c) Dye testing if the City is notified in writing prior to the time of the test.
(d) Any non-storm water discharge permitted under an National Pollutant Discharge
Elimination System permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the Federal Environmental Protection Agency, provided that
the discharger is in full compliance with all requirements of the permit, waiver, or order and
other applicable laws and regulations, and provided that written approval has been granted for
any discharge to the storm drainage system.
§40-9. ILLICIT CONNECTION.
The construction, use, maintenance or continued existence of illicit connections to the storm
drainage system are prohibited.
(a) 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.
(b) A person is considered to be in violation of this ordinance if the person connects a line
conveying sewage or pollutants to the Municipal Separate Storm Sewer System or allows such a
connection to continue.
§40-10. SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS.
Suspension due to Illicit Discharges in Emergency Situations
The City of Grand Island may, without prior notice, suspend storm drainage system discharge
access to a person when the City deems it necessary to prevent an actual or threatened discharge
which presents or may present imminent and substantial danger to: the environment; to the
health or welfare of persons or to the storm drainage system; or to waters of the United States of
America. If the person fails to comply with a suspension order issued in an emergency, the City
of Grand Island may take such steps as deemed necessary to prevent or minimize damage to
persons, the storm drainage system, waters of the United States of America.
Suspension due to the Detection of Illicit Discharge
Any person discharging to the storm drainage system in violation of this ordinance may have
their storm drainage system access terminated if such termination would abate or reduce an illicit
discharge. The City will notify a person of the proposed termination of storm drainage system
access by personal delivery or by United States Mail. The person may request a hearing before
the City Director of Public Works by delivering such request in writing to the City Clerk. The
person is not entitled to a stay of the termination pending any such hearing.
A person commits an offense if the person accesses or attempts to access the storm drainage
system from premises terminated pursuant to this Section, without the prior approval of the City.
§40-11. CONSTRUCTION.
(A) GENERAL REQUIREMENTS FOR CONSTRUCTION ACTIVITIES.
(1) Except for construction activity relating to the Building Phase of Development, the City
of Grand Island shall require proof of coverage by a NDEQ general permit authorization for
Storm Water Discharges from Construction Sites before providing approval for construction
activity and land developments requiring -including but not limited to -site plan applications,
subdivision applications, building applications, and right-of--way applications from the City of
Grand Island, unless exempt pursuant to Subsection (a) below. These provisions apply to all
portions of any plan for land disturbing activity which would cause the disturbance of at least
one acre of soil even though multiple, separate and distinct land development activities within
the overall development may take place at different times on different schedules.
(a) The following activities are exempt from this Ordinance:
(i) Any emergency activity that is necessary for the immediate protection of life,
property, or natural resources; and
(ii) Construction activity that provides maintenance and repairs performed to
maintain the original line and grade, hydraulic capacity, or original purpose of a
facility.
(2) The city shall be invited to the pre-construction meeting to review the installation of all
temporary erosion and sediment control BMPs included on the approved erosion and sediment
control plan at least two (2) business days before any construction activities are scheduled to
start.
(3) Solid waste, industrial waste, yard waste and any other pollutants or waste on any
construction site shall be controlled through the use of BMPs. Waste or recycling containers
shall be provided and maintained by the owner or contractor on construction sites where there is
the potential for release of waste. Uncontained waste that may blow, wash or otherwise be
released from the site is prohibited. Sanitary waste facilities shall be provided and maintained in
a secured manner.
(4) Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or
equipment containing such materials or used in transporting or applying ready-mixed concrete,
shall not be allowed to discharge from any construction site. Concrete wasted on site must be
disposed in a manner consistent with locally approved standards and generally require
establishment of a designated wash-out area.
(5) Cover or perimeter control shall be applied within 14 days to any soil stockpiles, which
will remain undisturbed for longer than 30 calendar days.
(6) Disturbed soil shall be managed with BMPs that are adequately designed, installed, and
maintained according to locally-approved technical standards, specifications and guidance for
the duration of the construction activity to minimize erosion and contain sediment within the
construction limits.
(7) Sediment tracked or discharged onto public right-of--way shall be removed immediately.
(8) Bulk storage structures for petroleum products and other chemicals shall have adequate
protection to contain all spills and prevent any spilled material from entering the MS4 or waters
of the State.
(9) Temporary BMPs shall be removed and disturbed areas shall be stabilized with
permanent BMPs at the conclusion of construction activity.
(B) REQUIREMENTS FOR THE BUILDING PHASE OF DEVELOPMENT.
(1) Any person who engages in construction activity is responsible for compliance with
this Ordinance and all applicable terms and conditions of the approved construction activity and
SWPPP as it relates to the building phase of development. The following information shall be
included with the application for a building permit and be submitted to the Public Works
Department:
(2) Either the legal description and NPDES permit number for the Larger Common Plan of
Development; OR
(3) The location of the property where the building phase of development is to occur; AND
(4) Contractor acknowledgement that the building phase of development for the property
described on the application for a building permit will be conducted in conformance with
Chapter 40 of the Municipal Code and the Construction Activity SWPPP.
(C) CONSTRUCTION STORMWATER POLLUTION PREVENTION PLAN.
(1) A SWPPP shall be prepared and updated in accordance with locally-approved technical
standards, specification, and guidance for construction activity within the City of Grand Island
and shall include an erosion and sediment control plan for land disturbance.
(2) The SWPPP shall include a description of all potential pollution sources, temporary and
permanent BMPs that will be implemented at the site as approved by the City of Grand Island.
(3) The erosion and sediment control plan shall be submitted to the City of Grand Island for
review with any application covered in 40-11 (a) (1) ofthis Ordinance.
(4) Land disturbing activities may not proceed until approval of the erosion and sediment
control plan is provided by the City of Grand Island.
(5) The owner or operator is required to have a copy of the SWPPP readily available or on
site for review with content that reflects the current condition of the construction activity and all
records that demonstrate compliance and are required by this Ordinance.
(6) The SWPPP shall include a description of routine site inspections.
(a) The owner or their representative shall inspect all BMPs at intervals of no greater
than 14 calendar days and within 24-hours a$er any precipitation event of at least one half inch.
(b) Inspections of BMPs shall be conducted by an individual knowledgeable in the
principles and practice of erosion and sediment controls who possesses the skills to assess
conditions at the construction site that could impact stormwater quality and to assess the
effectiveness of any erosion and sediment control measures selected to control the quality of
stormwater discharges from the construction activity.
(c) Inspection reports shall provide the name and qualification of the inspector, date of
the evaluation, risks to stormwater quality identified, and all corrective actions necessary to
prevent stormwater pollution.
(d) The owner or operator of a construction activity may be requested to submit copies of
inspection reports for review on a periodic basis by the City of Grand Island.
(7) Based on inspections performed by the owner, operator, authorized City of Grand Island
personnel, State or Federal regulators, modifications to the SWPPP will be necessary if at any
time the specified BMPs do not meet the objectives of this Ordinance. In this case, the owner
shall meet with an appointed official of the City of Grand Island to determine the appropriate
modifications. All required modifications shall be completed within seven (7) calendar days of
receiving notice of inspection findings, and shall be recorded in the SWPPP.
(8) The owner or operator of a construction site shall be responsible for amending the
SWPPP whenever there is a significant change in design, construction, operation, or
maintenance, which has a significant effect on the potential for discharge of pollutants to the
MS4 or receiving waters, or if the SWPPP proves to be ineffective in achieving the general
objectives of controlling pollutants in stormwater discharges associated with land disturbance.
(9) Records of inspection are to be maintained with the SWPPP for the life of the project.
Inspection records are to be available to City of Grand Island inspectors upon request. Delay in
providing a copy of the SWPPP or any requested records shall constitute a violation of this
Ordinance.
(d) REQUIREMENTS FOR UTILITY CONSTRUCTION.
(1) Utility agencies or their representatives shall develop and implement BMPs to prevent
the discharge of pollutants on any site of utility construction within the City of Grand Island.
The City of Grand Island may require additional BMPs on utility construction activity. If the
utility construction disturbs greater than one (1) acre, the utility agency must comply with the
requirements of Section 40-11 (a) & (b) of this Ordinance.
(2) Utility agencies or their representative shall implement BMPs to prevent the release of
sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall
be managed and construction site exits shall be managed to prevent sediment tracking. Sediment
tracked onto public right-of--way shall be removed immediately.
(3) Prior to entering a construction site or subdivision development, utility agencies or their
representatives shall obtain and comply with any approved erosion and sediment control plans
for the project. Any impact to construction and post-construction BMP's resulting from utility
construction shall be evaluated prior to disturbance by the developer and utility company.
Repairs to the disturbed BMPs must be completed within forty eight (48) hours, by individuals
agreed upon during the design phase or at a preconstruction meeting.
§40-12. POST-CONSTRUCTION.
(A) POST-CONSTRUCTION REQUIREMENT OF PERMANENT BMPs.
(1) Land development that meets the requirements of Section 40-11 (a) (1) must address
stormwater runoff quality through the use of permanent BMPs. Permanent BMPs shall be
provided for in the drainage plan for any subdivision plat, annexation plat, development
agreement, subdivision agreement or other local development plan.
(2) Structural BMPs located on private property shall be owned and operated by the
owner(s) of the property on which the BMP is located; unless the City of Grand Island agrees in
writing that a person or entity other than the owner shall own or operate such BMP. As a
condition of approval of the BMP, the owner shall also agree to maintain the BMP in perpetuity
to its design capacity unless or until the City of Grand Island shall relieve the property owner of
that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the
subdivision plat, annexation plat, development agreement, subdivision agreement or other form
acceptable to the City of Grand Island and shall be recorded with the City of Grand Island Public
Works Department.
(B) COMPLETION OF PERMANENT BMPS.
Upon completion of a project, the City of Grand Island shall be provided a written
certification stating that the completed project is in compliance with the approved Final Drainage
Plan. All applicants are required to submit "as built" plans for any permanent BMPs once final
construction is completed and must be signed by a professional engineer licensed in the State of
Nebraska.
(C) ONGOING INSPECTION AND MAINTENANCE OF PERMANENT BMPS.
(1) The owner of site must, unless an on-site stormwater management facility or practice is
dedicated to and accepted by the City of Grand Island, execute an inspection and maintenance
agreement, that shall be binding on all subsequent owners of the permanent BMPs.
(2) Permanent BMPs included in a Drainage Plan which is subject to an inspection and
maintenance agreement must undergo ongoing inspections to document maintenance and repair
needs and to ensure compliance with the requirements of the agreement, the plan and this
Ordinance.
§40-13. TECHNICAL STANDARDS, SPECIFICATIONS, AND GUIDANCE.
All BMPS designed to meet the requirements of this Ordinance shall reference the appropriate
technical standards, specifications and guidance as follows:
(1) City of Grand Island Standards and Specifications for Construction.
(2) Nebraska Department of Roads Drainage Design and Erosion Control Standards,
Specifications and Guidance.
(3) Any other alternative methodology approved by the City of Grand Island, which is
demonstrated to be effective.
§40-14. MONITORING OF DISCHARGES.
(a) Applicability.
This section applies to all premises that have storm water discharges associated with
industrial activity, including construction activity.
(b) Access to premises.
(1) The City of Grand Island's designees shall be permitted to enter and inspect premises
and facilities subject to regulation under this ordinance as often as may be necessary to
determine compliance with this ordinance. If a discharger has security measures in force which
require proper identification and clearance before entry into its premises, the discharger shall
make the necessary arrangements to allow access to representatives of the City.
(2) The City's designees shall be given access to all parts of the premises for the purposes
of: inspection; sampling; examination and copying of records that must be kept under the
conditions of the National Pollutant Discharge Elimination System permit to discharge storm
water; and the performance of any additional duties as defined by state and federal law.
(3) The City may place upon the premises such devices as deemed necessary to conduct
monitoring and/or sampling of discharges from the premises.
(4) The City of Grand Island may require a person to install monitoring equipment as
necessary. Sampling and monitoring equipment shall be maintained at all times in a safe and
proper operating condition at no expense to the City. All devices used to measure storm water
flow and quality shall. be calibrated to ensure accuracy.
(5) Any obstruction to safe and easy access to the premises to be inspected and/or sampled
shall be promptly removed at the request of the City and shall not be replaced. The costs of
clearing such access shall not be paid by the City.
(6) Unreasonable delays in allowing Grand Island City designees access to premises is a
violation of a storm water discharge permit and of this ordinance. A person who is the operator
of a facility or premises with a National Pollutant Discharge Elimination System permit to
discharge storm water associated with industrial activity commits an offense if the person denies
the City reasonable access for the purpose of conducting any activity authorized or required by
this ordinance.
(7) If a City of Grand Island designee has been refused access to any part of the premises
from which storm water is discharged, the City of Grand Island may seek issuance of a search
warrant from any court of competent jurisdiction.
§40-15. BEST MANAGEMENT PRACTICES.
The City of Grand Island may adopt requirements identifying Best Management Practices for
any activity, operation, or facility which may cause or contribute to pollution or contamination of
storm water, the storm drainage system, or waters of the United States of America. The owner or
operator of a commercial or industrial establishment shall provide, at the owner or operator's
expense, reasonable protection from discharge of prohibited materials or other wastes into the
municipal storm drainage system or watercourses through the use of these structural and non-
structural Best Management Practices. Further, any person responsible for a property or premise,
which is, or may be, the source of an illicit discharge, may be required to implement, at said
person's expense, additional structural and non-structural Best Management Practices to prevent
the further discharge of pollutants to the municipal separate storm sewer system. These Best
Management Practices shall be part of a storm water pollution prevention plan as necessary for
compliance with requirements of any National Pollutant Discharge Elimination System permit.
§40-16. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, and such person's lessee,
shall keep and maintain that part of the watercourse within the property free of trash, debris,
excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard
the flow of water through the watercourse. In addition, the owner or lessee shall maintain
existing privately owned structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity of the watercourse.
§40-17. NOTIFICATION OF DISCHARGES AND SPILLS.
Not withstanding other requirements of law, as soon as any person responsible for a facility,
premises, or operation, has information of any known or suspected release of materials which
result or may result in illegal discharges or pollutants discharging into storm water, the storm
drainage system, or waters of the United States of America, said person shall take all necessary
steps to ensure the discovery, containment, and cleanup of such release. In the event of such
release of hazardous materials, said person shall immediately notify emergency response
agencies and the City of Grand Island of the occurrence via emergency dispatch services. In the
event of arelease ofnon-hazardous materials, said person shall notify the City of Grand Island in
person or by phone or facsimile no later than the next business day. Notifications in person, by
phone, or by facsimile shall be confirmed by written notice addressed and mailed to the City of
Grand Island within three business days of the prior notice. If the discharge of prohibited
materials emanates from a commercial or industrial establishment, the owner or operator of such
establishment shall also retain an on-site written record of the discharge and the actions taken to
prevent its recurrence. Such records shall be retained for at least three years.
§40-18. NOTICE OF VIOLATION.
Whenever the City of Grand Island finds that a person has violated or failed to meet a
requirement of this Ordinance, the City's designee may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;
(e) Payment of costs to cover administrative and remediation expenses;
(fj The implementation of source control, treatment, and prevention practices. If abatement of a
violation and/or restoration of affected property is required, the notice shall set forth a deadline
within which such remediation or restoration must be completed. Said notice shall further advise
that, should the violator fail to remediate or restore within the established deadline, the work will
be done by a designated governmental agency or a contractor and the expense thereof shall be
charged to the violator and may be assessed against the real estate or collected by civil action.
§40-19. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a notice of violation may appeal the determination. The notice of
appeal must be received within 10 days from the date of the notice of violation. Hearing on the
appeal before the Director of Public Works or his/her designee shall take place within 15 days
from the date of receipt of the notice of appeal. The decision of the Director shall be final.
§40-20. ENFORCEMENT MEASURES.
If the violation has not been corrected as set forth in the notice of violation, or, in the event of
an appeal, within 25 days of the original deadline if the Director upholds the notice of violation,
then representatives of the City of Grand Island may enter upon the subject private property and
are authorized to take any and all measures necessary to abate the violation and/or restore the
property. It shall be unlawful for any person, owner, agent or person in possession of any
premises to refuse to allow the City's designees or agents to enter upon the premises for the
purposes set forth above.
§40-21. COST OF ABATEMENT OF THE VIOLATION.
After abatement of the violation, the owner of the property will be notified of the cost of
abatement, including administrative costs. Ifthe amount due is not paid within 30 days, the City
of Grand Island may sue to recover the costs through a civil action or levy and assess the costs
against the real estate in the manner of special assessments.
§40-22. INJUNCTIVE RELIEF.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Ordinance. If a person has violated or continues to violate the provisions of
this ordinance, the City of Grand Island may petition for a preliminary or permanent injunction
restraining the person from activities which would create further violations or compelling the
person to perform abatement or remediation of the violation. Injunctive relief shall be in
addition to any other remedy available under this ordinance or any other federal or state law.
§40-23. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this Ordinance is a threat to public
health, safety, and welfare, and is declared and deemed a nuisance, and may be abated or
restored at the violator's expense, in the same manner as other nuisances under the Grand Island
Municipal Code.
§40-24. CRIMINAL PROSECUTION.
Any person violating any provision of this ordinance shall, upon conviction, be guilty of an
infraction. Each day shall constitute a separate offense and be punishable by a fine of $100.00.
Criminal fines shall be in addition to any civil remedies available under Grand Island Municipal
Code.
§40-25. REMEDIES NOT EXCLUSIVE.
The remedies listed in this ordinance are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
PASSED AND APPROVED this 26th day of October, 2010.
ATTEST:
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City Clerk
(SEAL)
Approved as a form: ~ ~~~~~ ice.' ~;~
City Attorney
Mayor
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