Storm Water Disharges

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July 25, 2014

Whereas the Clean Water Act was enacted by Congress in 1972; and

Whereas the City has been subject to stormwater regulation through its Municipal Separate Stormwater System (MS4) permit since 2003; and

Whereas the City was issued a new MS4 Permit in 2012 that increased regulatory requirements; and

Whereas enhanced water quality in the Rio Grande is a community value; and

Whereas enacting this Storm Water Quality Ordinance will further compliance with the unfunded federal mandate and will reduce stormwater contaminants; and

Whereas this ordinance is a significant step toward addressing the issues with the existing developed environment related to Stormwater;

Be it therefore Ordained:

Sec. 1. Definitions.

As used in this article, the following terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning:

Discharge shall mean the introduction or addition of any pollutant, stormwater, or other substance into the MS4, or to allow, permit, or suffer any such introduction or addition that is not specifically allowed by the City of Albuquerque’s current MS4 permit.

Discharger shall mean a person who allows, causes, permits, suffers, or threatens to cause a discharge.

Illicit Discharge means any discharge to the MS4 that is not composed entirely of stormwater except discharges pursuant to a NPDES permit or those
allowed in Section 10(b).

MS4 or Municipal separate storm sewer system shall mean the system of conveyances owned or operated by the City or any co-permittee of the City that is
designed or used for collecting, retention, storage, orconveying storm water.

Non-structural control shall mean a maintenance or operational practice designed to prevent, reduce, or mitigate the potential of storm water runoff contact with pollution-causing activities.

NPDES shall mean National Pollutant Discharge Elimination System.

NPDES permit shall mean a permit issued by the EPA under Title 33 of the United States Code that authorizes the discharge of pollutants to waters of the
United States, whether the permit is applicable on an individual, group, or general basis.

Parcel shall mean a contiguous piece of land that is under common ownership or control or that is part of a larger common plan of development or sale.

Person shall mean an individual, corporation, organization, governmental entity, business trust, partnership, association, or other legal entity, or an agent or an employee thereof.

Point Source means any discernible and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate  collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural Stormwater runoff.

Pollutant shall mean, but shall not be limited to, dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, filter backwash, munitions, chemical wastes, biological materials, radioactive materials,wrecked or discarded
equipment,rock, sand, dirt soil, and other material, or any combination thereof, discharged into the MS4 or any waters of the United States.

Pollution shall mean the alteration of the physical,chemical, or biological quality of, or the contamination of, any waters of the United States that renders the water harmful, detrimental or injurious to humans, animal life, vegetation, or property or to public health, safety, or welfare, or otherwise impairs the quality of the water.

Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.

Stormwater Discharge Associated with Industrial Activity means the discharge from any conveyance which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing, or raw
materials storage areas at an industrial plant (See 40 CFR 122.26(b)(14) for specifics of this definition).

Stormwater Engineer means the individual who is responsible for enforcement of this ordinance as designated by the Director of the Department of Municipal Development.

Stormwater Quality Permit for Sediment and Erosion Control. The permit issued pursuant to the Drainage Control Ordinance or this ordinance (SWQ).

Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work, including, but not limited to, a paved surface, that is artificially built up or composed of parts joined together in some definite manner. The term does not include a street, a channel, or a public utility. Structural Control, any structure built and maintained to prevent, reduce, or mitigate the potential of stormwater runoff contact with pollution-causing activities.

Sec. 2. General requirements.

(a) The land owner shall be responsible for obtaining the SWQ permit as required in the Drainage Ordinance or as requested by the property owner.
(b) If a parcel subject to the requirements of this section is located outside the boundaries of the City and stormwater from any portion of the parcel drains into the MS4, a SWQ permit or IAC shall be required for the parcel.
(c) A SWQ permit is in addition to any other permit required for development.
(d) The requirements contained in the SWQ permit, at the time of issuance shall not be increased due to new regulations or adoption of more restrictive requirements in the Development Process Manual.

Sec. 3. Industrial activity certification.

At any facility with activity covered by the EPA’s Standard Industrial Codes, the operator shall submit an Industrial Activity Certification (IAC) in a form approved by the Stormwater Engineer. The industrial activity certification may include any one of the following:
(1) A copy of the application for an individual permit from the EPA for stormwater discharges from industrial activity at the facility;
(2) A copy of the permit issued by the EPA for stormwater discharges from industrial activity at the facility;
(3) A copy of the Notice of Intent (NOI) for coverage under a Multi-Sector General Permit for stormwater discharges associated with industrial activity issued by the EPA;
(4) A statement of commitment to file an application for an individual permit from the EPA for stormwater discharges from industrial activity at the facility by a date certain agreed to by the Stormwater Engineer; or (5) A statement of commitment to file a NOI for coverage under a general permit for stormwater discharges associated with industrial activity issued by the EPA by a date certain agreed to by the Stormwater Engineer.

Sec. 4. Amendment of a SWQ permit.

(a) An amendment to the SWQ permit is required in the following events:
(1) Change in ownership of the property covered by the SWQ permit. The permit issued due solely to a change in ownership shall contain the same terms and conditions as the initial permit.
(2) Any substantial deviation is made to a structural control or any change is made to a non-structural control on which the SWQ permit is based; or
(3) The subsequent additional development of any parcel covered by that SWQ permit, unless the additional development has already been anticipated and provided for in the Stormwater Pollution Prevention Plan (SWPPP) on which the SWQ permit is based.
(b) Applications to amend a SWQ permit to satisfy subsection Amendments to a SWQ permit to satisfy subsections (a)(2) and (a)(3) of this section must be obtained before commencement of the activity that triggers the need for the amendment.
(c) To amend a SWQ permit, the SWQ permittee must submit any revisions to the permit including the inspection checklist, maintenance plan and associated construction drawings, together with the appropriate form and amendment fee. TheStormwater Engineer shall review the amendment application and either approve or deny the amendment application based on compliance with the applicable provisions of this article and the design manual
(d) If an amendment is denied, the applicant can appeal to the Technical Standards Advisory Committee set forth in 14-5-2-15.

Sec. 5. Revocation of SWQ permit

(a) The Stormwater Engineer may revoke a SWQ permit after notice and opportunity for a hearing pursuant to section 20 of this article if he finds that
(1) The applicant knew or should have known that a statement made in the application for the SWQ permit was false;
(2) The SWQ permittee has violated any provision of its SWQ permit or of this division including, but not limited to, failure to amend a SWQ permit as required by section 4 of this Ordinance;
(3) The SWQ permittee or anyone acting on his behalf commits or threatens to commit an act of violence against a City official either on or off the job for the purpose of intimidating the official so that he will not perform his duties under this division; or
(4) The SWQ permit has been issued in error.
(b) The Stormwater Engineer shall send a written notification by certified mail, return receipt requested, to the SWQ permittee informing him of the grounds for revoking his SWQ permit. The SWQ permittee may request a hearing pursuant to section 20 by filing a written request with the Stormwater Engineer not later than the tenth day after notification by the City of the grounds for revocation.

Sec. 6. SWQ permit duration/termination

Upon written request, a SWQ permit shall be in effect until circumstances change to require an amendment or the SWQ permit is terminated as follows:
A Stormwater Quality permit may be terminated when
1) All structural changes are accepted by the City; and
2) No nonstructural controls are continuing.
3) A regional or other large stormwater quality program eliminates the need for the SWQ permit.

Sec. 7. SWQ permit reporting

The SWQ permittee shall certify that all controls have been maintained as specified in the SWPPP every three years in a form satisfactory to the City. If structural controls are in use, a New Mexico registered professional engineer shall also certify that
all structural controls continue to conform to the plans and technical specifications.

Sec. 8. SWQ permit recordation.

A copy of the approved SWQP and subsequent permit shall be kept on file with the City of Albuquerque. Such permit shall remain in force until such time as a termination isissued pursuant to Section 6 of this ordinance. Any modification or alteration shall be kept on file with the City of Albuquerque.

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