Chapter 12.10
PROHIBITED DISCHARGES

Sections:

12.10.010    Prohibited discharges.

12.10.050    Prohibition of illicit connections.

12.10.070    Repealed.

12.10.080    Watercourse protection.

12.10.090    Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

12.10.100    Notification of spills.

12.10.120    Requirement to eliminate illegal discharges.

12.10.140    Requirement to eliminate illicit connections.

12.10.143    Requirement to remediate.

12.10.147    Requirement to monitor and analyze.

12.10.150    Suspension of access.

12.10.160    Damage to the stormwater system.

12.10.170    Right of entry – Inspection and sampling.

12.10.010 Prohibited discharges.

No person shall cause any pollutant to be discharged to public rights-of-way, municipal stormwater system, or any Waters of the State or cause any pollutant to be placed in a location where such pollutant is likely to escape or be carried into the public rights-of-way, municipal stormwater system or into the Waters of the State.

(1) Prohibited discharges include, but are not limited to, the following:

(a) Any liquids, solids, or gases that by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the operation of the municipal stormwater system.

(b) Any solid or viscous substances that may cause obstruction to the flow in the stormwater system, such as but not limited to: grease, garbage, sand, straw, grass clippings, rags, plastics, or mud.

(c) Any discharge having a pH less than six or greater than 10, unless the divergence from these limits can be proven to occur from rainfall pH.

(d) Any discharge containing toxic pollutants.

(e) Pollutants that result in the presence of toxic gases, vapors, or fumes within the stormwater system that may cause acute worker health or safety problems.

(f) Any substance that may cause the City to violate its NPDES and/or other storm system permits, or that may cause the City to violate instream water quality standards set by the State of Oregon.

(g) Any substance that causes or may cause visible discoloration of the receiving waters such as but not limited to dyes and inks, except as described in subsection (2)(b) of this section.

(h) Any discharge having a temperature that may inhibit biological activity in the receiving waters or cause the City to violate instream water quality standards set by the State of Oregon, or that could harm the stormwater system.

(i) Any discharge containing oxygen demanding pollutants that may elevate the oxygen demand within the municipal stormwater system or Waters of the State.

(j) Any hauled waste, septage, or discharge from cleaning tanks including those from mobile cleaning services.

(k) Stormwater runoff containing eroded sediments from land-disturbing activities.

(l) Any refuse, rubbish, garbage, litter, or other discarded or abandoned objects.

(2) The following are exempt from discharge prohibitions established by this chapter:

(a) Water line flushing with dechlorination; discharges from potable water sources; landscape irrigation; irrigation water; footing drains; lawn watering; individual residential car washing; dechlorinated swimming pool discharges; foundation drains; air conditioning condensate; water from crawl space pumps; diverted stream flows; rising ground waters; uncontaminated ground water infiltration; uncontaminated pumped ground water; springs; flows from riparian habitats and wetlands; and street wash water.

(b) Discharges associated with dye testing, provided verbal notification is made to the Director prior to the start of the test.

(c) Discharges from fire fighting or other emergency actions by a public utility, the City, or any other governmental agency necessary to protect public health and safety.

(3) The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Oregon 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 the written approval has been granted by the City of Albany for any discharge to the stormwater system. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.050 Prohibition of illicit connections.

(1) No person shall construct, use, maintain, or allow the continued existence of an illicit connection to the stormwater system. Existing illicit connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(2) Examples of illicit connections include but are not limited to wastewater lines such as those from sanitary sewers, or drains carrying wash or industrial process water.

(3) A person is in violation of this title if the person connects a line conveying sewage to the municipal stormwater system or allows such a connection to continue. Improper connections in violation of this title must be disconnected and redirected, if necessary, to an approved on-site wastewater management system or to the sanitary sewer system upon approval of the Director. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.070 Waste disposal prohibitions.

Repealed by Ord. 5727. (Ord. 5498 § 1, 2001).

12.10.080 Watercourse protection.

Every person owning or occupying property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that may reasonably be expected to contaminate or impede the flow of water through the watercourse. In addition, the owner or occupant shall remove or 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. No person shall remove native vegetation in the vicinity of a watercourse except where it poses an imminent hazard to human health and safety or nearby structures. No person shall remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. Within the limits established through any required State or Federal permits, the property owner or lessee shall maintain and stabilize the banks of the watercourse within their property lines in order to protect against erosion and degradation of the watercourse. Watercourse banks shall be stabilized using planted vegetation and natural materials instead of hard materials (e.g., concrete, asphalt, rock, logs, lumber, etc.) wherever practicable. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.090 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director at the following times: prior to the Director allowing discharges to the stormwater system; or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.100 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials that is resulting in or may result in illegal discharges of pollutants onto or into public rights-of-way, stormwater, the municipal stormwater system, or Waters of the State, said person shall take all necessary steps to ensure the discovery, immediate notification, containment, and cleanup of such release.

(1) In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Public Works Department immediately in person or by telephone. Notification of the emergency response agencies or the Public Works Department does not relieve the discharger of their responsibility to also notify appropriate State and Federal agencies.

(a) Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Albany Public Works Director within five business days of the original notice. The notice shall include a detailed written statement submitted by the discharger describing the causes of the discharge, measures taken to mitigate the spill, and the measures taken to prevent any future occurrence.

(b) If the discharge 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.

(2) The person responsible for the discharge of pollutants or hazardous materials to the environment shall be responsible for all cleanup costs. All related City expenses including, but not limited to, costs for identification, hazard assessment, and containment shall also be fully reimbursed.

(3) In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to:

(a) Disposable materials and supplies provided, consumed and expended specifically for the purpose of the incident for which reimbursement is being requested;

(b) Compensation of the employees for the time devoted specifically to the incident;

(c) Rental or leasing of equipment used specifically for the incident;

(d) Replacement costs for equipment or property owned by the City that is contaminated or damaged beyond reuse or repair;

(e) Decontamination of equipment that was used during the incident;

(f) Special technical services required for the incident; and

(g) Laboratory expenses for the purpose of analyzing samples taken during the incident. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.120 Requirement to eliminate illegal discharges.

The Director may require, by written notice, that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.140 Requirement to eliminate illicit connections.

The Director may require, by written notice, that a person responsible for an illicit connection to the stormwater system immediately, or by a specified date, comply with the requirements of this title to eliminate the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of the ordinance codified in this title.

If, subsequent to eliminating a connection found to be in violation of this title, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.143 Requirement to remediate.

Whenever the Director finds that an illegal discharge is taking place or has occurred that will result in or has resulted in pollution of stormwater, the stormwater system, or Waters of the State, the Director may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of Chapter 12.80 AMC. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.147 Requirement to monitor and analyze.

The Director may require, by written notice, that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the stormwater system or Waters of the State, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the City of Albany as deemed necessary to determine compliance with this title. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.150 Suspension of access.

The City of Albany may, without prior notice, suspend access to the stormwater system when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the stormwater system, or Waters of the State.

If the violator fails to comply with a suspension order, the City of Albany may take such steps as deemed necessary to prevent or minimize damage to the stormwater system, prevent or minimize danger to the environment, or to prevent or minimize danger to persons. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.160 Damage to the stormwater system.

When a discharge causes obstruction, damage, or other impairment to the stormwater system, the Director may assess a charge against the discharger for the work required to clean or repair the facility. If the discharger fails to pay said charge, the costs to clean or repair the facility may be assessed against the property pursuant to AMC 12.80.040. (Ord. 5727 § 1, 2010; Ord. 5498 § 1, 2001).

12.10.170 Right of entry – Inspection and sampling.

The Director shall be authorized and have the right to inspect all premises, sites, and/or activities covered under this title to determine compliance with this title and any rules or orders adopted by the Council or issued pursuant to this title.

(1) The Director shall have the right to set up on the discharger’s or permittee’s property, or require installation of, such devices as are necessary to conduct sampling, inspection compliance, and/or monitoring operations.

(2) Where a discharger or permittee has security measures in force which require proper identification and clearance before entry into its premises, the dischargers shall make necessary arrangements so that, upon presentation of suitable identification, the Director or authorized representatives shall be permitted to enter without delay for the purposes of performing specific responsibilities.

(3) Facility operators shall allow the Director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by State and Federal law.

(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly modified or removed by the discharger at the written or verbal request of the Director and shall not be replaced without the consent of the Director. The costs of clearing such access shall be borne by the discharger.

(5) Unreasonable delay in allowing the Director access to a permitted facility is a violation of this title. A person who is the operator of a facility with an NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the Director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this title. (Ord. 5727 § 1, 2010).