06/10/2025 Ordinances 10,021 ORDINANCE NO. 10,021
An ordinance to amend Chapter 40 of the Grand Island City Code; as now existing, and
to clarify and/or make general corrections to various code sections, to repeal any ordinance or
parts of ordinances in conflict herewith; and to provide for publication and the effective date of
this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND,NEBRASKA:
SECTION 1. Section 40 of the Grand Island City Code is hereby amended to
read as follows:
CHAPTER 40- STORMWATER MANAGEMENT
40-1 Purpose/Intent
40-2 Definitions
40-3 Applicability
40-4 Responsibility For Administration
40-5 Severability
40-6 Ultimate Responsibility
40-7 Discharges To The Municipal Storm Sewer System MS4
40-8 Illicit Connection and Illicit Discharge
40-9 Suspension Of Storm Drainage System Access
40-10 Construction
40-11 Post-Construction
40-12 Technical Standards, Specifications, And Guidance
40-13 Monitoring Of Discharges
40-14 Best Management Practices
40-15 Watercourse Protection
40-16 Notification Of Discharges And Spills
40-17 Geothermal Water Source Heat Pump Systems
40-18 Through 40-29 (Reserved)
40-30 Notice Of Violation
40-31 Appeal Of A Notice Of Violation
40-32 Enforcement Measures
40-33 Cost Of Abatement Of The Violation
40-34 Injunctive Relief
40-35 Violations Deemed A Public Nuisance
40-36 Criminal Prosecution
40-37 Remedies Not Exclusive
40-38 Stormwater Fee Schedule Established
40-1 Purpose/Intent
The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens
of Grand Island, Nebraska through the regulation of stormwater and non-storm water discharges
ORDINANCE NO. 10,021 (Cont.)
to the storm drainage system to the maximum extent practicable as required by federal and state
law. In addition, the purpose is to control land disturbances, or to reduce or eliminate soil erosion
and sedimentation within the jurisdictional limits of the City of Grand Island, NE. This chapter
establishes methods for controlling the introduction of pollutants into the Municipal Separate
Storm Sewer System (MS4) in order to comply with requirements of the National Pollutant
Discharge Elimination System(NPDES)permit process. The objectives of this chapter are:
A. To regulate the contribution of pollutants to the municipal separate storm sewer system
by discharges by any owner, agent, occupant, or person in possession, charge, or control of
any lot or piece of ground.
B. To prohibit illicit connections and discharges to the municipal separate storm sewer
system.
C. 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.
D. 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.
E. To require the construction of locally-approved, permanent stormwater treatment
facilities (STFs)to protect water quality and maintain non-erosive hydrologic conditions
downstream of construction activity and development.
F. To require responsibility for and long-term maintenance of structural stormwater
treatment facilities (STFs) and nonstructural stormwater management.
G. To establish legal authority to carry out all inspection, surveillance and monitoring
procedures necessary to ensure compliance with this chapter.
H. To regulate the contribution of pollutants to the municipal separate storm sewer system
(MS4) by geothermal water source heating and cooling system discharges by any user.
I. To limit the connection and discharges of spent groundwater from geothermal heat pump
systems to the MS4.
40-2 Definitions
For the purposes of this chapter, the following shall mean:
Authorized Enforcement Agency. The City of Grand Island, its employees, or third parties
designated by the Public Works Director which enforce this chapter.
Best Management Practices(BMPs). Schedules of activities, prohibitions of practices, general
good house keeping practices, pollution prevention and educational practices, maintenance
procedures, and other management practices aimed 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.
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, etc.) or physical demarcation (including
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ORDINANCE NO. 10,021 (Cont.)
boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities may occur
on a specific plot. Where discrete construction projects within a larger common plan of
development or sale are located one-quarter mile or more apart and the area between the projects
is not being disturbed, each individual project may be treated as a separate plan of development
or sale provided any interconnecting road, pipeline, or utility project that is part of the same
common plan is not being disturbed.
Construction Activity. Activities subject to National Pollutant Discharge Elimination System
Construction Permits. Such activities include, but are not limited to, clearing, grubbing, grading,
earthwork, 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.
Clearing. Any activity that removes the vegetative surface cover.
Director. The City Engineer or the Public Works Director
Discharge. Accidental or intentional spilling, leaking, pumping, pouring, placing, emitting,
emptying or dumping of a material or substance into the storm drainage system.
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 the 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 the erosion and deposition of sediment to the maximum extent
practicable 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
perennial vegetative cover has been established with a uniform density of at least 70 percent on
all pervious aeras, or equivalent permanent, physical erosion reduction methods have been
employed, and all temporary erosion and sediment control best management practices (BMPs)
have been removed from the site.
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
chapter.
Geothermal Water Source Heat Pump System. A geothermal system uses the Earth's thermal
properties in conjunction with electricity to provide greater efficiency in the heating and cooling
of buildings.
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ORDINANCE NO. 10,021 (Cont.)
Geothermal System (Closed Loop). A mechanism for heat exchange, which consists of the
following basic elements: Underground loops of piping; heat transfer fluid; a heat pump; an air
distribution system. An opening is made in the ground. A series of pipes are installed into the
opening and connected to a heat exchange system in the building. The pipes form a "closed
loop" and are filled with a heat transfer fluid. The fluid is circulated through the piping from the
opening into the heat exchanger and back. The system functions in the same manner as the open
loop system except there is no pumping of well or surface water.
Geothermal System (Open Loop). Water is pumped from a well or surface water into a heat
exchanger located in a surface building. The water drawn from the ground is then pumped back
into the aquifer through a different well or in some cases the same well, otherwise known as re-
injection. Alternatively, the ground water could be discharged the Earth's surface or a surface
water body, also known as pump & dump. In the heating mode, cooler water is returned to the
Earth's surface or surface water body, while in the cooling mode warmer water is returned to the
Earth's surface or surface water body.
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. Hazardous materials are defined in the Code of Federal
Regulations, 40 DFR Part 261.3 and Nebraska Administrative Code, Title 128, Chapter 2.
Illicit Discharge. Any unauthorized direct or indirect non-storm water discharge to the storm
drainage system.
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 are allowed under section 40-7 of
this code.
Industrial Activity. Activities subject to National Pollutant Discharge Elimination System
Industrial Permits as defined in the Code of Federal Regulations, 40 CFR Part 122.26(b) (14)..
Low Impact Development (LID) means de-centralized management of precipitation that would
otherwise be stormwater runoff, utilizing design techniques that infiltrate, filter, store, evaporate,
or temporarily detain stormwater.
Municipal Separate Storm Sewer System (MS4). 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.
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ORDINANCE NO. 10,021 (Cont.)
National Pollutant Discharge Elimination System (NPDES) Stormwater
Discharge Permit means a permit issued by Environmental Protection Agency or by the State of
Nebraska that authorizes the discharge of pollutants to waters of the United States, whether the
permit is applicable on an individual, group, or general area-wide basis.
NDWEE. Nebraska Department of Water, Environment and Energy.
N.O.I (Notice of Intent) is a formal announcement from a Permittee of intent to disturb the
earth's surface and is used to request a City, State, or Federal permit to discharge stormwater for
a variety of activities primarily for construction and development.
N.O.T. (Notice of Termination) is a formal announcement from a Permittee that all construction
and ground disturbance activities are no longer authorized to discharge stormwater associated
with any City, State, or Federal permitted activity under the NPDES program.
N.O.V. (Notice of Violation) is a formal notice from the City that a site is in violation of a City,
State, or Federal permit under the National Pollutant Discharge Elimination System (NPDES)
program.
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.
Outfall. The point of discharge to any watercourse from a public or private stormwater
drainage system.
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.
pH. The logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of
solution.
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 or flooding. 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,
human waste, 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.
Post-Construction Stormwater Management. The management of stormwater in a new
development or redevelopment following the completion of construction. This includes the use
of permanent structural stormwater treatment facilities as well as non-structural best
management practices to manage stormwater runoff and quality from the development in
accordance with the City's municipal separate storm sewer system (MS4) permit. Stormwater
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ORDINANCE NO. 10,021 (Cont.)
treatment facilities (STFs) are intended to provide stormwater treatment in perpetuity and are
considered functional after vegetation has been established.
Post-Construction Stormwater Management Plan (PCSWMP). Documentation supporting
analysis, design, maintenance and inspection of STFs installed on a site in order to meet
minimum site performance standards in accordance with a community's MS4 permit.
Receiving Water is 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. These include all watercourses,
even if they are usually dry, irrigation ditches that receive municipal stormwater, and storm
sewer systems owned by other entities.
Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved
including adjacent sidewalks and parking strips.
Redevelopment. Any land-disturbing activity that results in the creation, addition or replacement
of at least five thousand (5,000) square feet of impervious surface area on an already developed
site. Redevelopment includes, but is not limited to the following activities that meet the
minimum standards set forth in this definition:
A. The expansion of a building footprint;
B. Addition or replacement of a structure;
C. Replacement of impervious surface that that is not part of a routine maintenance activity;
D. Land disturbing activities related to structural or impervious surfaces.
Redevelopment does not include routine maintenance activities that are conducted to maintain
original line and grade, hydraulic capacity, original purpose of facility or emergency
redevelopment activity required to protect public health and safety.
Sediment. Soil, sand, dust dirt, earth, or mud that has been disturbed or eroded and transported
naturally by water, wind or gravity, or mechanically by any person, owner, agent, occupant, or
person in possession, charge or control of any lot or piece of ground.
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.
State. The State of Nebraska.
Storm Drainage 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; 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.
Stormwater. Any water that occurs in surface flow, runoff, or drainage consisting entirely of
water from any form of natural precipitation, and resulting from such precipitation.
pH >6.5 SU; <9 SU
Turbidity 100 NTU
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ORDINANCE NO. 10,021 (Cont.)
Stormwater Pollution Prevention Plan (SWPPP). 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 stormwater, stormwater conveyance systems, and/or receiving waters to the
maximum extent practicable.
Stormwater Treatment Facilities (STFs). Permanent best management practices put in place to
provide control and treatment of stormwater runoff after construction activity for land
development is complete. These facilities are physical in nature and sometimes referred to as
"structural"BMPs and can include Low Impact Development Techniques.
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.
Surface Water. Any body of water designated as "surface waters" by the State of Nebraska as
well as any body of water designated by the federal government as a "water of the United
States."
Turbidity. A condition of water quality characterized by the presence of suspended solids and/or
organic material.
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 stormwater, discharged
from any premises or facility. Wastewater includes sewage that is treated at the City's
Wastewater 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 chapter shall apply to all water entering the storm drainage system generated on any
developed and undeveloped lands unless explicitly exempted by an authorized enforcement
agency.
40-4 Responsibility For Administration
The City of Grand Island shall administer, implement, and enforce the provisions of this chapter.
Any powers granted or duties imposed upon the City of Grand Island may be delegated by the
Public Works Director to persons or entities acting in the beneficial interest of, or in the employ
of the City.
40-5 Severability
The provisions of this chapter are hereby declared to be severable. If any provision, clause,
sentence, or paragraph of this chapter 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 chapter.
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ORDINANCE NO. 10,021 (Cont.)
40-6 Ultimate Responsibility
The standards set forth herein and promulgated pursuant to this chapter are minimum standards.
Compliance with this chapter 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 the owner, agent, occupant, or person in possession, charge or control
of any lot or piece of ground from which the discharge of contaminants or pollutants emanates.
40-7 Discharges To The Municipal Storm Sewer System MS4
A. Permitted Discharges.
1. The following discharges are exempt from discharge prohibitions established by this
chapter: 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; street wash
waters (excluding street sweepings); discharges resulting from treatment of streets and roads to
prevent icing or to deice; water from swimming pools or other aquatic facilities, such as water
playgrounds or water fountains, which does not contain pollutants and which contains a
disinfectant residual no greater than that approved for potable water (typically less than one (1.0)
ppm chlorine); firefighting activities; and any other water source not containing Pollutants.
2. Discharges determined by the City to be necessary to protect public health and safety.
3. Dye testing if the City is notified in writing prior to the time of the test.
4. Any non-stormwater 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.
B. Prohibited Discharges.
1. The following discharges are strictly prohibited from entering the City Storm Sewer
Conveyance System established by this chapter: wastewater from the washout of concrete,
wastewater from the washout and cleanout of stucco, paint, form release oils, curing compounds,
other construction materials, untreated groundwater dewatering discharges from construction
sites; untreated surface water discharges from construction sites; industrial waste or wastewater;
hazardous waste or wastewater; domestic waste; wastewater, septic waste, grease removal device
waste, or grit trap waste; garbage, rubbish, refuse or solid waste; fuels, oils, antifreeze, petroleum
products or other pollutants used in vehicle and equipment operation and maintenance, soaps,
and solvents used in vehicle and equipment washing; wastewater from power washing or
cleaning of exteriors that contains soap, detergent, degreaser, solvent, or surfactant based
cleaner; runoff, wash water or waste from an animal pen, kennel, fowl or livestock containment
area or any pet waste generally; contaminated runoff from waste containers as stated in Section
17-14 of this code.
2. Any other discharge that is not permitted by this chapter.
40-8 Illicit Connection and Illicit Discharges
A. Illicit Connections.
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ORDINANCE NO. 10,021 (Cont.)
The Construction, Use, Maintenance or continued existence of illicit connections to the
storm drainage system are prohibited.
1. 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. For illicit connections made in the past, a plan to
remedy the illicit connection shall be submitted to the Public Works Director or their
designee from the present property owner, occupant, or person responsible.
2. A person, owner, agent, occupant, or person in possession, charge or control of any lot
or piece of ground is considered to be in violation of this chapter if the person connects a line
conveying sewage or pollutants to the Municipal Separate Storm Sewer System or allows
such a connection to continue.
3. If any person fails to disconnect an illicit connection, the Public Works Director may
cause the removal of such connection from the storm drainage system at the expense of the
owner or occupant.
B. Illicit Discharges.
No person, owner, agent, occupant, or person in possession, charge or control of any lot or piece
of ground 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 40-7 of this code.
1. Notification of Illicit Discharges. It shall be the duty of the present property owner,
occupant, or person responsible for an illicit discharge to notify the City according to
Section 40-16 of this code.
2. Containment of Illicit Discharges. It shall be the duty of the present property owner,
occupant, or person responsible to take or cause to be taken all necessary steps to stop
and contain the illicit discharge. As soon as such discharge has been contained, action
shall be taken to prevent continued or future illicit discharges. If any person fails to
immediately contain the discharge, the Public Works Director may initiate containment at
the expense of the owner or occupant.
3. Cleanup of Illicit Discharges. It shall be the duty of the present property owner,
occupant, or person responsible for the illicit discharge to take all necessary steps to clean
up such discharge. If any person fails to clean up the discharge within the timeframe
provided by the City, the Public Works Director may initiate remedial actions at the
expense of the owner or occupant.
40-9 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.
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ORDINANCE NO. 10,021 (Cont.)
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.
40-10 Construction
A. General Requirements for Construction Activities.
1. For sites where the disturbed area is less than one (1) acre, the City of Grand Island
shall require the following documents to be submitted to the Public Works Director or
their designee before providing approval for construction activity and land
development: Notice of Intent, a drainage plan, a stormwater pollution prevention
plan (SWPPP), and an erosion and sediment control plan. These documents shall
include the address of the construction activity, the applicant's name, address, phone
number, and email address AND the site owner's name, address, phone number, and
email address OR; the primary contractor's name, address, phone number, and email
address.
2. For sites that are one (1) acre or larger,the City of Grand Island shall require proof of
coverage by a State general permit authorization for Stormwater Discharges from Construction
Sites before providing approval for construction activity and land developments—including but
not limited to: site plan applications, subdivision applications, building applications, construction
stormwater Notice of Intent, and right-of-way applications from the City of Grand Island, unless
exempted 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 chapter:
1. Any emergency activity that is necessary for the immediate protection of life, property, or
natural resources; and
2. Construction activity that provides maintenance and repairs performed to maintain the
original line and grade, hydraulic capacity, or original purpose of a facility.
3. 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.
4. Solid waste, industrial waste, yard waste and any other pollutants or waste on any
construction site shall be controlled through the use of BMPs. Covered 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,
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ORDINANCE NO. 10,021 (Cont.)
wash or otherwise be released from the site is prohibited. Sanitary waste facilities shall be
provided, secured, and maintained.
5. 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.
6. Cover or perimeter control shall be applied within seven (7) days to any soil stockpiles,
which will remain undisturbed for longer than 14 calendar days.
7. 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.
8. Sediment tracked or discharged onto public right-of-way shall be removed immediately.
9. Bulk storage structures for petroleum products and other chemicals shall have adequate
protection to contain all spills and prevent any spilled material from soaking into the
ground, entering the MS4 or waters of the State.
10. When dewatering is necessary, a plan indicating the proposed system to be used and the
proposed discharge location shall be submitted to the Public Works Director or their
designee for approval prior to installation. Noncompliance with any State or Federal
permits constitutes noncompliance with this chapter.
11. At the conclusion of construction activity, the site will be considered complete only after
the following conditions have been met:
a. EITHER Perennial vegetative cover shall be established with a uniform density of
at least 70 percent on all pervious areas; OR equivalent permanent, physical
erosion reduction methods shall be employed:AND
b. Temporary BMPs shall be removed.
B. Requirements for the Building Phase of Development.
Any person who engages in construction activity is responsible for compliance with this chapter
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:
1. EITHER the legal description and National Pollution Discharge and Elimination System
(NPDES) permit number for the Larger Common Plan of Development; OR the location
of the property where the building phase of development is to occur;AND
2. 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 Stormwater Pollution
Prevention Plan(SWPPP).
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ORDINANCE NO. 10,021 (Cont.)
3. Site plans and a Notice of Intent shall be submitted to the Public Works Director or their
designee for the purpose of review and approval prior to issuance of a building permit
and the beginning of the construction phase of development. This is to ensure compliance
with EPA directives and with this chapter as it pertains to the Post-Construction
Management of Stormwater run-off.
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. BMPs used will be approved by the Public
Works Director or their designee.
3. The erosion and sediment control plan shall be submitted to the Public Works Director or
their designee for review with any application covered in 40-10 of this chapter.
4. Land disturbing activities may not proceed until approval of the erosion and sediment
control plan is provided by the Public Works Director or their designee.
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 chapter.
6. The SWPPP shall include a description of routine site inspections.
a) The owner or their representative shall inspect all BMPs as required by their Construction
Stormwater Permit or as described in their SWPPP, whichever is more frequent.
b) Inspections of BMPs shall be conducted by a qualified individual as defined by their
Construction Stormwater Permit.
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 Public Works Director or their
designee.
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 chapter. In this case, the owner or
operator 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 and
for three (3) years thereafter. Inspection records are to be available to City of Grand Island
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ORDINANCE NO. 10,021 (Cont.)
inspectors upon request. Delay in providing a copy of the SWPPP or any requested records shall
constitute a violation of this chapter.
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 40-10 of this chapter.
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 as soon as possible and no later than at the
end of each workday.
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 qualified
individuals.
40-11 Post-Construction
The purpose of this section is to provide requirements and criteria to prevent and manage
stormwater pollution and to diminish adverse impacts to health, safety, property, and the general
welfare of the citizens of the City of Grand Island through regulating stormwater runoff from
areas of development and redevelopment to the maximum extent practicable as required by the
Federal Clean Water Act, 33.U.S.C. § 1251 et seq. (as amended to date), the Nebraska
Environmental Protection Act, Neb. Rev. Stat. § 81-1501 et seq. (as amended to date) and the
rules and regulations promulgated under such Acts. This chapter will also promote the public
welfare by guiding and regulating the design, construction, and maintenance of areas of
development and redevelopment. Additional criteria can be found in the City of Grand Island
Post-Construction Stormwater Guidance Manual.
A. Post-Construction Requirement of Permanent BMPs/STFs.
1. Land development or redevelopment must address a minimum stormwater runoff
quantity as required under Chapter 33-19 of City Code. Development or redevelopment
must address stormwater runoff quality as required in the City of Grand Island Post
Construction Stormwater BMP Masterplan.
2. Land development or redevelopment sites which disturb more than one acre or that meets
the requirements of Section 40-10 of this chapter must document the use of preexisting
water quality treatment facilities in the subdivision agreement. Additional guidance may
be found in the City of Grand Island Post Construction Stormwater BMP Masterplan.
3. Land development or redevelopment projects that are not using or are unable to use
preexisting facilities must address stormwater runoff quality through the use of
permanent BMPs/STFs. Operation, maintenance, and ownership of permanent
BMPs/STFs shall be provided for in the drainage plan for any subdivision plat,
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ORDINANCE NO. 10,021 (Cont.)
annexation plat, development agreement, subdivision agreement or other local
development plan.
4. Structural BMPs/STFs 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/STF. As a condition of approval of the BMP/STFs, the owner shall also agree to
maintain the BMP/STF 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/STF shall be memorialized with the Register of Deeds 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. Post-Construction Stormwater Management Plan (PSCWMP). Land development or
redevelopment projects that are not using or are unable to use preexisting water quality treatment
facilities shall submit a post-construction stormwater management plan (PCSWMP) to the Public
Works Director or their designee as part of any preliminary plat application required under
Chapter 33 of City Code; if not already submitted as part of a preliminary plat process.
Additional policies and procedures for the development and implementation requirements for
BMPs/STFs can be found in the City of Grand Island Post-Construction Stormwater
Management Guide.
1. For all developments which are not relying on the existing water quality treatment
facilities that have not had a preliminary plat approved prior to January 1, 2019, the post-
construction stormwater management plan, at a minimum, shall include Low Impact
Development (LID) STFs to provide for water quality control according to the City of
Grand Island Post-Construction Stormwater Management Guide. The Director or their
designee may also require this minimum control level for replats that significantly
increase the amount of impervious area in a preliminarily platted subdivision, which was
approved prior to July 1, 2018.
2. For all developments and redevelopments which are not relying on the existing water
quality treatment facilities with plats preliminarily approved after July 1, 2018 and for
significant redevelopment projects, the post-construction stormwater management plan,
at a minimum shall include the STF or STFs selected, the STF design, schedules and
procedures for inspection and maintenance of the STFs, and where it is reasonably
practicable, include STFs for water quality control according to the City of Grand Island
Post-Construction Stormwater Management Guide. Provisions for STFs are set forth in
the Grand Island Post-Construction Stormwater Management Guide. For significant
redevelopment projects that involve replacement of building structures without
significant disturbance of existing parking or other pervious areas, BMPs for water
quality control shall not be required. For significant redevelopment projects involving an
outlot parcel that is part of a greater existing development, the calculation of the area
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ORDINANCE NO. 10,021 (Cont.)
requiring control of the first one-half inch of runoff shall be based only on the impervious
area of the project site that is being added or disturbed within the out lot parcel.
3. Exemptions from the Post-Construction Stormwater Management Plan. Systems designed
to accommodate only one single family dwelling unit, duplex, triplex, or quadraplex,
provided the single unit is not part of a larger common plan of development or sale, are
exempt from the requirements in this chapter to submit a Post-Construction Stormwater
Management Plan (PCSWMP). Additional policies and procedures for the development
and implementation requirements for BMPs/STFs can be found in the City of Grand
Island Stormwater Management Plan.
C. Completion of Permanent BMPs/STFs. 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.
D. Ongoing Inspection and Maintenance of Permanent BMPs/STFs.
1. The owner or occupant 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/STFs and memorialized with the Register of Deeds.
2. Permanent BMPs/STFs must undergo ongoing inspections to document maintenance and
repair needs and to ensure compliance with the requirements of the agreement, the plan and this
chapter.
a) All BMPs/STFs must be inspected by the owner or occupant, using an approved
inspection form, (Appendix B of the Grand Island Post-Construction Guidance Manual),
for maintenance and repair requirements at a minimum, annually.
b) All BMPs/STFs may be inspected by a qualified individual on behalf of the City of
Grand Island, to ensure owner or occupant compliance with the design of the BMP/STF
and to ensure maintenance and repair actions are adequately monitored. Such inspections
may be unannounced. The City may review the BMP/STF records on inspection,
maintenance, disposal activities, and may order the owner or occupant to make changes
or repairs as necessary to comply with this article.
3. The maintenance agreement shall also provide that if, after notice by the City to correct a
violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or
occupant within a reasonable period of time (30 days maximum), and the City may perform all
necessary work to place the facility in proper working condition. The owner(s) or occupant of the
facility shall be assessed the cost of the work and any lawful penalties.
40-12 Technical Standards, Specifications,And Guidance
Permanent Best Management Practices (BMPs) and low impact development stormwater
treatment facilities (LID STFs) shall provide for water quality control of the first one-half inch of
runoff from the site wherever it is reasonably practicable. The Director or their designee may
also require this minimum control level for replats that significantly increase the amount of
impervious area in a preliminarily platted subdivision. For significant redevelopment projects
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ORDINANCE NO. 10,021 (Cont.)
that involve replacement of building structures without significant disturbance of existing
parking or other pervious areas, BMPs for water quality control of the first one-half inch of
runoff from the site shall not be required. For significant redevelopment projects involving an
outlot parcel that is part of a greater existing development, the calculation of the area requiring
control of the first one-half inch of runoff shall be based only on the impervious area of the
project site that is being added or disturbed within the outlot parcel.
The preferred Structural BMPs/STFs that are acceptable I the City of Grand Island and its 2 mile
jurisdictional boundary without additional review by the Public Works Director are: bioswales,
rain gardens, permeable pavement, green roofs, retention ponds, and detention ponds (provided
the detention ponds include treatment areas to improve water quality; i.e. a treatment forebay and
filtration strip). If there are other stormwater treatment measures a developer would like to use,
plans for those measures will need to be submitted to and approved in writing by the Director of
Public Works or their designee, prior to construction and development.
All BMPs/STFs designed to meet the requirements of this chapter shall reference the appropriate
technical standards, specifications and guidance as follows:
A. City of Grand Island Standards and Specifications for Construction.
B. Nebraska Department of Roads Drainage Design and Erosion Control Standards,
Specifications and Guidance.
C. Any other alternative methodology approved by the City of Grand Island, which is
demonstrated to be effective.
Additional policies and procedures for the development and implementation requirements for
BMPs/STFs can be found in the City of Grand Island Post-Construction Stormwater
Management Guide.
40-13 Monitoring Of Discharges
A. Applicability. This section applies to any premise, building, facility, structure, or property
that have stormwater 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 chapter as often as may be necessary to determine
compliance with this chapter. 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 stormwater; 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, owner, agent, occupant, or person in
possession, charge or control of any lot or piece of ground 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 stormwater
flow and quality shall be calibrated to ensure accuracy.
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ORDINANCE NO. 10,021 (Cont.)
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 stormwater discharge permit and of this chapter. 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 stormwater is discharged, the City of Grand Island may seek issuance of a search
warrant from any court of competent jurisdiction.
40-14 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
stormwater, 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
nonstructural 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 stormwater pollution prevention plan as necessary
for compliance with requirements of any National Pollutant Discharge Elimination System
permit.
40-15 Watercourse Protection
In accordance with Section 17 of this code, no person shall throw, deposit, leave, maintain, keep,
or permit to be thrown, deposited, left, or maintained, in or upon any public or private property,
driveway, parking area, street, alley, sidewalk, component of the storm drain system, or water of
the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects,
articles, excessive sediment, and accumulations, so that the same may cause or contribute to
pollution. Wastes deposited in streets in proper covered waste receptacles for the purpose of
collection are exempted from this prohibition. All waste containers must be solid and able to
retain all accumulated liquids. The discharge of accumulated liquids from waste containers onto
paved surfaces is prohibited. Waste receptacles shall be equipped with covers to prevent
rainwater accumulation.
In accordance with Nebraska Revised Statute 31-224, 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. The owner or lessee shall remove dead or
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ORDINANCE NO. 10,021 (Cont.)
fallen vegetation within or adjacent to a watercourse. The owner or lessee shall not remove
healthy bank vegetation beyond what is actually necessary for maintenance, nor remove said
vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The
property owner or lessee shall be responsible for maintaining and stabilizing that portion of the
watercourse that is within their property lines in order to protect against erosion and degradation
of the watercourse originating or contributed from their property.
40-16 Notification Of Discharges And Spills
Notwithstanding 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 stormwater, 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 a release of non-hazardous materials, said person shall notify the Public Works Director
or their designee in person, by phone, email 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 Pulbic Works Director or their designee within three (3) 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.
40-17 Geothermal Water Source Heat Pump Systems
Geothermal Water Source Heat Pump Systems may be installed and operated within the City of
Grand Island, and its two mile extraterritorial jurisdiction, subject to permitting and other
applicable requirements of the Grand Island City Code provided that any discharge of the spent
water from any such system shall be dedicated to a beneficial use (i.e. Maintaining the water
level of a private pond), and shall not include chemical additives for cleaning or descaling, nor
shall it create a threat to public health or safety, a nuisance, or unlawful pollution of waters of the
state. In no event shall the spent water from any Geothermal Water Source Heat Pump System be
directed toward or allowed to enter into or onto any publicly maintained street right of way, road
right of way, ditch, storm sewer system, or sanitary sewer system.
Closed Loop Systems are permitted to be installed and must follow Federal, State, and Local
guidelines (whichever are most restrictive). New Open Loop Systems are prohibited in the City
of Grand Island and its 2 mile jurisdictional boundary. Any Open Loop System that was
previously installed, prior to the implementation of this chapter, are exempt from these
restrictions until the system requires overhaul and/or replacement. It is at that time the new
guidelines must be met.
A. Material Requirements.
1. Geothermal piping shall have a 50-year warranty.
2. All piping shall be installed with tracer wire from the structure over all pipes to alert
future owners or occupants and excavators to the presence and location of the system.
3. Heat transfer fluid used in exchanger lines must be a USP or food grade propylene glycol
or calcium chloride solution. Ethylene Glycol will not be accepted.
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ORDINANCE NO. 10,021 (Cont.)
4. The system shall include a pressure-based leak detector that will stop the system
circulating pumps, should a leak occur.
B. Prohibited Acts.
1. It shall be unlawful for any person, owner, agent or person in possession of any premises
to install a well to be used for geothermal heat transfer purposes within the City of Grand Island
or its two mile extraterritorial jurisdiction without obtaining a permit for said well.
2. It shall be unlawful to fail to register any well as required by the State of Nebraska.
3. It shall be unlawful to connect or discharge any water from said well, provided it
maintains a beneficial use to the city and/or community, to the city stormwater conveyance
system without first obtaining a permit for the connection.
4. It shall be unlawful for a person, owner, agent or person in possession of any premises to
operate or maintain a Geothermal Water Source Heat Pump System in any manner contrary to
the provisions of Grand Island City Code.
40-18 Through 40-29 (Reserved)
40-30 Notice Of Violation
Whenever the City of Grand Island finds that a person has violated or failed to meet a
requirement of this chapter, 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 stormwater pollution or contamination hazards and the
restoration of any affected property;
E. Payment of costs to cover administrative and remediation expenses;
F. 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.
40-31 Appeal Of A Notice Of Violation
Any person, owner, agent or person in possession of any premises receiving a notice of violation
may appeal the determination to the Director of Public Works. 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 their designee shall take place within 15 days from the date of
receipt of the notice of appeal. The decision of the Director or their designee shall be final.
40-32 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
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ORDINANCE NO. 10,021 (Cont.)
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.
40-33 Cost Of Abatement Of The Violation
After abatement of the violation, the owner or occupant of the property will be notified of the
cost of abatement, including administrative costs. If the 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.
40-34 Injunctive Relief
It shall be unlawful for any person, owner, agent or person in possession of any premises to
violate any provision or fail to comply with any of the requirements of this chapter. If said
responsible 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 said
responsible person from activities which would create further violations or compelling said
responsible person to perform abatement or remediation of the violation. Injunctive relief shall
be in addition to any other remedy available under this chapter or any other federal or state law.
40-35 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 chapter 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.
40-36 Criminal Prosecution
Any person, owner, agent or person in possession of any premises violating any provision of this
chapter shall, upon conviction, be guilty of an infraction. Each infraction shall constitute a
separate offence and each day the infraction exists shall constitute a separate offense and be
punishable by a fine as set forth in the City's Fee Schedule of no less than $100.00 per infraction,
per day. Criminal fines shall be in addition to any civil remedies available under Grand Island
Municipal Code.
40-37 Remedies Not Exclusive
The remedies listed in this chapter 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.
(Ordinance No. 9636 effective 7-12-2017)
40-38 Stormwater Fee Schedule Established
There is hereby assessed against all property within the City that is connected to water of the
City a monthly stormwater utility fee as set forth in the Grand Island Fee Schedule. Such fee is
based upon a determination of the use for each property. The owner, occupant and any person
who is responsible for the payment of water service to the property, shall all be jointly and
severally responsible for the payment of said fee. Persons responsible for the payment of water
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ORDINANCE NO. 10,021 (Cont.)
service to the property shall include the person responsible for payment for water provided to a
master meter that is then distributed to multiple users, whether or not said users are located on
the same property as the master meter. The fees shall be set based upon the following utility bill
categories: residential, commercial, and industrial.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: June 10, 2025.
.ems, ,,-.,=
Roger . Steele, Mayor
Attest:
�rG r'C OF.GRAfVO/Si
2re, City Clerk ��' p� 0
�:� ,c P RarF0. og�a',
. OF0. 10 Aa1ti j.
NFgRAS\O‘
I
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