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City of Huntsville Code of Ordinances
Chapter 21: Sewers, Sewage Disposal and other Wastewater Disposal*
Cross references: Buildings
and building regulations, ch. 7; stormwater management, § 12-331 et seq.;
utilities, ch. 26; disposal-storage district regulations, app. A, art. 61. Division 3. Use of Public Sewers
(Code 1982, § 20-140; Ord. No. 93-270, § 3, 5-13-1993)
Article III. Storm Sewers
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Division 1. Generally | |
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Drainage channels. |
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Sec. 21-312-- |
Reserved. |
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21-330. |
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Division 2. NPDES Compliance | |
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Subdivision I. In General | |
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Definitions. |
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Intent. |
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Penalties. |
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Exemption. |
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Existing authorities. |
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Discharge prohibitions. |
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Exceptions to prohibition. |
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Inspection and monitoring of discharges. |
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Best management practices. |
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Good housekeeping practices required. |
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Providing false information and tampering prohibited. |
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Method of enforcement. |
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Sec. 21-343-- |
Reserved. |
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21-350. |
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Subdivision II. Best Management Practices (BMP) Approval | |
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Application. |
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Granting and denial of BMP plan approval. |
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Term of BMP plan approval. |
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BMP plan approvals nonassignable. |
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Modifications to BMP plan approvals. |
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Ground for revocation of a BMP plan approval. |
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Emergency suspension of BMP plan approval. |
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Appeal of denial, revocation or suspension of BMP plan approvals. |
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Noncompliance with terms or conditions of a BMP plan approval prohibited. |
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Division 1. Generally
Sec. 21-311. Drainage channels.
If any building or structure is built across a natural drainage channel or any fill is installed in a natural drainage channel so as to block or partially block or divert the natural drainage channel, a pipe or ditch of sufficient size must be installed to permit the continued passage of the water that would otherwise flow through the drainage channel. Drainage channel shall be interpreted not only to include well-defined channels, such as ditches, but also shall include any swales, however broad, through which stormwater moves at a depth. No building shall be built over a pipe or ditch which carries stormwater.
(Code 1982, § 7-143)
Secs. 21-312--21-330. Reserved.
Division 2. NPDES Compliance
Subdivision I. In General
Sec. 21-331. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ADEM means the Alabama Department of Environmental Management.
BMPs and best management practices mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to the municipal separate storm sewer system. BMPs also include treatment requirements, operating procedures and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Clean Water Act means the Federal Clean Water Act, 33 USC 1251 et seq., and regulations promulgated under that act.
Commercial area means any facility associated with commercial activity which is not subject to its own NPDES permit or an ADEM general stormwater permit.
Director means the manager of the division of natural resources and environmental management of the city or his designated representative.
Discharge and discharge of a pollutant mean any addition of any pollutant to the municipal separate storm sewer system. This term does not include an addition of pollutants by any indirect discharger or from any source specifically excluded from the definition of point source.
Discharge monitoring report and DMR mean the EPA or ADEM uniform form for the reporting of self-monitoring results by NPDES permittees.
EPA means the Federal Environmental Protection Agency.
High-risk facility means municipal landfills; other treatment, storage or disposal facilities for municipal waste (e.g., transfer stations, incinerators, etc.); and hazardous waste treatment, storage, disposal and recovery facilities.
Holder means a person to whom a BMP plan approval has been issued.
Illicit discharge means any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to an NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer system) and discharges from firefighting and emergency management activities.
Indirect discharger means a nondomestic discharger introducing pollutants to a publicly owned treatment works.
Industrial facility means any facility associated with industrial activity.
Municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, streets, catchbasins, curbs, gutters, ditches, manmade channels, or storm drains), which is owned or operated by the city, designed or used for collecting or conveying stormwater, and is neither a POTW nor a combined sewer.
NPDES and National Pollutant Discharge Elimination System mean the national permitting program implemented under the Clean Water Act.
Person responsible and responsible person mean a person who has or represents having:
(1) An ownership interest in or financial or operational control of a source or potential source of a discharge or a discharge regulated by this article;
(2) Possession or control of a source or potential source of a discharge regulated by this article who directly or indirectly allowed, either by act or omission, a discharge regulated by this article; or
(3) Benefited from a source or potential source of a discharge or a discharge regulated by this article.
There may be one or more persons responsible or responsible persons.
Point source means any discernible, confined 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 discharged. This term does not include return flows from irrigated agriculture or agricultural stormwater runoff.
Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954 (42 USC 2011 et seq.), as amended), heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, domestic and agricultural waste discharged into water.
Publicly owned treatment works and POTW mean any device or system used in the treatment of municipal sewage or industrial wastes of a liquid nature which is owned by the city. This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
Significant materials includes, but is not limited to the following:
(1) Raw materials;
(2) Fuels;
(3) Materials such as solvents, detergents and plastic pellets;
(4) Finished materials such as metallic products;
(5) Raw materials used in food processing or production;
(6) Hazardous substances designated under section 101(14) of the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), 42 USC 9601 et seq.;
(7) Any chemical the facility is required to report pursuant to section 313 of title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), 42 USC 11023(b);
(8) Fertilizers;
(9) Pesticides; and
(10) Waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges.
Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.
Stormwater discharge associated with industrial activity means the same as in the Clean Water Act and regulations promulgated under that act.
Stormwater discharge from sites of industrial activity means stormwater discharges from industrial facilities that are subject to section 313 of title III of SARA or that have significant materials, raw materials, material handling equipment or activities, intermediate products or industrial machinery exposed to stormwater, except for those industrial facilities which possess their own NPDES permit or are subject to an ADEM general stormwater permit. In addition, this definition also shall include industrial facilities that the director determines are contributing a substantial pollutant loading to the municipal separate storm sewer system.
To the extent practicable, when used in reference to terms and conditions of NPDES permits (other than the NPDES permit issued to the city) and procedures and methods established by federal regulation, means that the director shall defer to these terms, conditions, procedures and methods so long as the city's compliance with its own NPDES permit, or federal or state law is not jeopardized in any manner.
Water Pollution Control Act means the Alabama Water Pollution Control Act of 1972, Code of Ala. 1975, § 22-22-1 et seq., and regulations promulgated under that act.
(Ord. No. 98-3, § 2, 2-12-1998)
Cross references: Definitions generally, § 1-2.
Sec. 21-332. Intent.
This division is enacted to preserve, protect and promote the health, safety and welfare of the citizens of the city through the reduction, control and prevention of the discharge of pollutants to the city municipal separate storm sewer system. It is the expressed intent of the city council in enacting this division to provide for and promote compliance by the city with federal and state laws governing the discharge of pollutants from the municipal separate storm sewer system and to provide for and promote compliance with an NPDES permit issued to the city for such discharge. The city does not intend for this division to conflict with any existing federal or state law.
(Ord. No. 98-3, § 1, 2-12-1998)
Sec. 21-333. Penalties.
Any person who violates any provision of this division or any provision of a BMP plan approval issued under this division shall be guilty of a violation and, upon conviction, shall be punished as provided by law, including those penalties set forth in Code of Ala. 1975, § 11-45-9.
(Ord. No. 98-3, § 20, 2-12-1998)
Sec. 21-334. Exemption.
The provisions of section 21-340 and subdivision II of this division shall not apply to a discharge or activity specifically authorized by an NPDES permit.
(Ord. No. 98-3, § 16, 2-12-1998)
Sec. 21-335. Existing authorities.
(a) Nothing in this division shall be construed to limit the existing authority of the city to enforce rules and regulations regarding:
(1) Charges, limits and restrictions on the discharge of waste into the sanitary sewer system;
(2) Requirements of the stormwater management manual of the city;
(3) Health or sanitation ordinances of the city enforced by the county health department; or
(4) Ordinances governing the sanitation of premises where animals are kept.
(b) This division shall be cumulative to and in furtherance of any statutory common law, or other legal right, duty, power or authority possessed by the city. Compliance with this division or a BMP plan approval issued under this division shall not excuse any person from compliance with any other federal, state or local law, ordinance, regulation, rule or order.
(Ord. No. 98-3, § 21, 2-12-1998)
Sec. 21-336. Discharge prohibitions.
(a) The illicit discharge of pollutants to the municipal separate storm sewer system by any person is prohibited.
(b) The discharge of pollutants to the municipal separate storm sewer system from sites of industrial activity and high-risk facilities is prohibited except as authorized by a BMP plan approval issued by the director pursuant to section 21-351. The discharge of pollutants to the municipal separate storm sewer system by discharging stormwater associated with industrial activity is prohibited except as authorized by an NPDES permit. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this division which relate to such discharge.
(c) The spilling, dumping or disposal of materials other than stormwater to the municipal separate storm sewer system is prohibited. The spilling, dumping or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
(Ord. No. 98-3, § 3, 2-12-1998)
Sec. 21-337. Exceptions to prohibition.
The following discharges are specifically excluded from the prohibitions included in section 21-336:
(1) Water line flushing (including fire hydrant testing).
(2) Landscape irrigation.
(3) Diverted streamflows.
(4) Rising groundwaters.
(5) Uncontaminated groundwater infiltration.
(6) Discharges from potable water sources.
(7) Foundation drains.
(8) Air conditioning condensation.
(9) Irrigation water.
(10) Springs.
(11) Water from crawl space pumps.
(12) Footing drains.
(13) Lawn watering.
(14) Individual residential car washing.
(15) Flows from riparian habitats and wetlands.
(16) Dechlorinated swimming pool discharges.
(17) Street wash water.
(Ord. No. 98-3, § 4, 2-12-1998)
Sec. 21-338. Inspection and monitoring of discharges.
(a) The director may enter and inspect any private property or premises, including but not limited to any private property or premises which is or may be the source of a stormwater discharge associated with industrial activity, or the source of a discharge from a site of industrial activity, or the source of a discharge from a high-risk facility, or the source of an illicit discharge, upon reasonable notice to the person owning the property or premises and the person in possession and during normal business hours, for the purpose of performing investigations regarding the existence and source of contamination and determining from the person responsible for such property or premises or other appropriate individual the methods which are being or will be employed to stop, neutralize, remove or otherwise remedy the contamination, and, as needed, to determine compliance or noncompliance with this division or with the conditions of a BMP plan approval issued pursuant to section 21-351. No person shall refuse entry or access to the director or his authorized representative when he requests entry for the purpose of inspection and presents appropriate credentials. If requested, the person responsible for such property or premises shall receive a report from the director setting forth the findings of the inspection with respect to compliance status.
(b) The director may require the person responsible for any private property or premises, including but not limited to any private property or premises which is or may be the source of a stormwater discharge associated with industrial activity, or the source of a discharge from a site of industrial activity, or the source of a discharge from a high-risk facility, or the source of an illicit discharge, at that person's expense, to establish and maintain such records, make such reports, install, use and maintain such monitoring equipment or methods, sample such discharge in accordance with such methods, at such locations, and intervals as the director shall prescribe, and provide periodic reports relating to the discharge. To the extent practicable, the director shall recognize and approve the sampling procedures and test methods established by 40 CFR 136.
(Ord. No. 98-3, § 5, 2-12-1998)
Sec. 21-339. Best management practices.
All industrial facilities and high-risk facilities are required to implement, at their own expense, structural and nonstructural BMPs, as appropriate, to prevent the discharge of pollutants to the municipal separate storm sewer system. Further, the director may require any person responsible for property or premises which is or may be the source of a discharge from a site of industrial activity, or the source of a discharge from a high-risk facility, or the source of an illicit discharge, to implement, at that person's expense, additional structural and nonstructural BMPs, as provided in sections 21-351--21-358, to prevent the discharge of pollutants to the municipal separate storm sewer system. To the extent practicable, the director shall recognize and approve the use of appropriate BMPs described or referenced in one or more of the NPDES general permits issued by the ADEM authorizing the discharge of stormwater associated with industrial activity. To the extent practicable, the director shall recognize that storage and handling of significant materials, material handling equipment or activities, intermediate products or industrial machinery in such a manner that they are not exposed to stormwater is an effective BMP. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.
(Ord. No. 98-3, § 6, 2-12-1998)
Sec. 21-340. Good housekeeping practices required.
Commercial areas and industrial facilities shall employ good housekeeping practices to prevent debris such as cigarette butts, paper, bottles, cans, plastic, etc., from entering the municipal separate storm sewer system from areas such as parking lots, loading zones, sidewalks, trash cans and dumpster sites. It shall be unlawful for any person to discharge chemicals, waste products or any pollutant to the parking lot or grounds of a commercial area or an industrial facility.
(Ord. No. 98-3, § 7, 2-12-1998)
Sec. 21-341. Providing false information and tampering prohibited.
(a) It shall be unlawful for any person to provide false information to the director or anyone working under the director's supervision when such person knows or has reason to know that the information provided is false, whether such information is required by this division, any BMP plan approval granted under this division, or any inspection, recordkeeping or monitoring requirement carried out or imposed under this division.
(b) It shall be unlawful for any person to falsify, tamper with or knowingly render inaccurate any monitoring device or method required under this division or a BMP plan approval issued under this division.
(Ord. No. 98-3, § 18, 2-12-1998)
Sec. 21-342. Method of enforcement.
The director, any person acting under his supervision, and sworn law enforcement officers of the city are authorized to issue citations to appear in municipal court to answer charges of violation of any of the provisions of this division. In no event shall any enforcement action under this division be taken for an alleged violation of this division if any of the following conditions exist:
(1) The ADEM has issued a notice of violation with respect to the same violation and is proceeding with enforcement action;
(2) The ADEM has issued an administrative order with respect to the same alleged violation and is proceeding with enforcement action; or
(3) The ADEM has commenced and is proceeding with enforcement action or has completed any other type of administrative or civil action with respect to the same alleged violation;
however, enforcement action under this division may be pursued for continued or continuing violations, and each day that a violation of this division continues shall be considered a separate violation.
(Ord. No. 98-3, § 19, 2-12-1998)
Secs. 21-343--21-350. Reserved.
Subdivision II. Best Management Practices (BMP) Approval
Sec. 21-351. Application.
(a) Whenever stormwater will be discharged into the municipal separate storm sewer system from a site of industrial activity or a high-risk facility, the person responsible for such site of industrial activity, high-risk facility or discharge, except as such site, high-risk facility or discharge may be expressly excepted from coverage of this division, shall submit an application for BMP plan approval to the director. The application shall be submitted to the director within 60 days of this division's effective date for discharges from sites of industrial activity or high-risk facilities existing or commencing within 60 days of this division's effective date and thereafter at least 30 days prior to the date of any discharge from a site of industrial activity or high-risk facility unless an extension is authorized by the director. The application shall be submitted on forms provided by the director and include any information requested by the director which may be required to describe the discharge or determine the propriety and sufficiency of BMPs to be employed. An application fee of $25.00 shall be paid to the city for each application at the time the application is submitted and shall be nonrefundable.
(b) Upon receipt, and after investigation, of information that pollutants are or may be being discharged to the municipal separate storm sewer system from a site of industrial activity, a high-risk facility or a commercial area, the director shall request, in writing, that the person responsible for such site of industrial activity, high-risk facility, or commercial area which is, or could be, the source of discharge submit an application and the person shall submit the application on forms provided by the director. Such application shall include any information requested by the director which may be required to describe the discharge or determine the propriety and sufficiency of BMPs to be employed. Such application shall be submitted to the director not more than 30 days from receipt of the written request unless an extension is authorized by the director. An application fee of $25.00 shall be paid to the city for each application at the time the application is submitted and shall be nonrefundable.
(Ord. No. 98-3, § 8, 2-12-1998)
Sec. 21-352. Granting and denial of BMP plan approval.
(a) Upon receipt of an application, the director shall issue a notice of BMP plan approval, setting forth the terms and conditions under which the discharge of pollutants to the municipal separate storm sewer system can occur, unless one or more of the following circumstances is found to exist:
(1) The application is incomplete in a material respect;
(2) The application contains false information;
(3) The application relates to an area or subject matter not covered by this division;
(4) The applicant has failed to submit the requisite application fee;
(5) The applicant has a substantial record of noncompliance with this division or a BMP plan approval issued under this division and has made no reasonable effort to rectify the circumstances or conditions which resulted in the record of noncompliance;
(6) No terms or conditions, including BMPs or other precautions, or combination, required under a BMP plan approval will satisfactorily control the quality of stormwater discharged by the applicant into the municipal separate storm sewer system;
(7) A BMP plan approval previously issued to the applicant was revoked on grounds of substantial noncompliance with this division or a BMP plan approval issued under this division; or
(8) For any other reason if, in the judgment of the director, the issuance of a BMP plan approval is not consistent with the purposes of this division.
(b) Terms and conditions imposed by a BMP plan approval issued under subsection (a) of this section may include, at the holder's expense, the following:
(1) Institution and installation of site-specific monitoring, recordkeeping, and reporting requirements and BMPs;
(2) Submission to inspection requirements, compliance schedules, applicable requirements under federal, state or local laws, regulations, orders or standards;
(3) Limitations on the character or amount of certain pollutants or the characteristics of stormwater discharged into the municipal separate storm sewer system; or
(4) Other terms and conditions as deemed appropriate by the director to ensure compliance with this division or the city's NPDES permit.
(c) If an application is denied, the director shall provide written notice of denial of a BMP plan approval, including the reasons for denial and a statement of the appeal procedure in section 21-358 to the applicant within ten days of the denial. The notice of denial shall be delivered by certified mail/return receipt requested at the address of the responsible person set forth in the application. Denial of a BMP plan approval may be appealed in accordance with the provisions of section 21-358.
(Ord. No. 98-3, § 9, 2-12-1998)
Sec. 21-353. Term of BMP plan approval.
A BMP plan approval issued under this division shall be for a term of three years. Any holder wishing to continue to discharge to the municipal separate storm sewer system beyond the term of a BMP plan approval shall submit an application for renewal of BMP plan approval, on forms provided by the director, at least 60 days prior to the expiration of the BMP plan approval. If the director does not issue a notice of renewal of BMP plan approval prior to the expiration date due to circumstances beyond the control of the holder, the standards and requirements set forth in the expiring BMP plan approval shall remain in full force and effect until such notice of renewal is issued by the director. An expiring BMP plan approval shall not be renewed unless its terms and conditions continue to adequately address the concerns set forth in this division.
(Ord. No. 98-3, § 10, 2-12-1998)
Sec. 21-354. BMP plan approvals nonassignable.
BMP plan approvals are granted to a specific holder for a specific site of industrial activity, high-risk facility or commercial area. The BMP plan approvals do not constitute a property interest and shall not be assigned, conveyed, transferred or sold. A BMP plan approval granted under this division shall be null and void upon attempted assignment, conveyance, transfer or sale.
(Ord. No. 98-3, § 11, 2-12-1998)
Sec. 21-355. Modifications to BMP plan approvals.
A BMP plan approval issued under this division may be modified in order to comply with any federal, state or local law, regulation, order or standard, or when, in the opinion of the director, a modification is necessary to accurately control changes in the character or amount of pollutants or the characteristics of stormwater discharged into the municipal separate storm sewer system, or any other applicable condition. A holder shall be given a 30-day notice of the impending modification. Deadlines for compliance with the modified requirements shall be determined on a case-specific basis.
(Ord. No. 98-3, § 12, 2-12-1998)
Sec. 21-356. Grounds for revocation of a BMP plan approval.
(a) The director may revoke a BMP plan approval issued under section 21-352 if he determines that one or more of the following conditions exist:
(1) The holder provided false information in obtaining BMP plan approval;
(2) The holder provided false information with respect to any monitoring, recordkeeping or reporting requirements or BMPs imposed under this division or a BMP plan approval;
(3) The holder is convicted of violating the provisions of this division;
(4) Any term or condition imposed under a BMP plan approval was not satisfied within the timeframe specified in the BMP plan approval;
(5) Any federal, state or municipal statute, law, ordinance, regulation, order or standard is being violated by the holder;
(6) The holder has refused entry to the director for purposes of inspection or monitoring; or
(7) For any other reason if, in the judgment of the director, the continuance of a BMP plan approval is not consistent with the purposes of this division.
(b) Whenever the director determines that grounds exist for revocation of a BMP plan approval, the director shall serve upon the holder a written notice of proposed revocation, stating the facts or conduct which warrant revocation of the BMP plan approval, and providing the holder with an opportunity to demonstrate or achieve compliance with all lawful requirements by submitting to the director, within ten days of the date of the notice of proposed revocation, written or demonstrative evidence of satisfactory compliance or a written plan for achieving satisfactory compliance.
(c) If the holder fails to respond to a notice of proposed revocation or fails to provide adequate evidence of satisfactory compliance or an adequate written plan for achieving satisfactory compliance, the director shall order the holder to show cause at a hearing why the proposed revocation should not occur. The director shall deliver to the holder a notice of show cause hearing, specifying the time and place of the hearing to be held before the director, the purpose of the hearing, the reasons for the proposed revocation, and directing the holder to show cause why the proposed revocation action should not occur. The notice of show cause hearing shall be delivered to the holder by certified mail/return receipt requested at least ten days before the hearing.
(d) If after the hearing the director determines that the BMP plan approval is due to be revoked, the director shall deliver, by certified mail/return receipt requested, a written notice of revocation to the holder. The notice of revocation shall be effective immediately and shall include a statement of the reasons for revocation and the appeal procedure set forth in section 21-358.
(Ord. No. 98-3, § 13, 2-12-1998)
Sec. 21-357. Emergency suspension of BMP plan approval.
(a) Notwithstanding any other provision of this division, the director may, without notice or hearing, suspend a BMP plan approval issued under this division by delivery to the holder, by hand delivery, certified mail/return receipt requested, or the posting in at least three conspicuous places at the site subject to the BMP plan approval, of a notice of emergency suspension of BMP plan approval. A BMP plan will be suspended under this section only when such suspension is necessary, in the opinion of the director, to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or to the environment, or causes interference with the municipal separate storm sewer system or causes the city to violate any condition of its NPDES permit. The notice of emergency suspension of BMP plan approval shall state the grounds for suspension, the corrective action necessary for reinstatement of the BMP plan approval, and a statement of the appeal procedure in section 21-358.
(b) Any holder notified of suspension of a BMP plan approval under this section shall immediately stop activity conducted pursuant to the BMP plan approval. The director shall reinstate the BMP plan approval upon proof of the elimination of the endangering discharge or circumstances.
(c) Emergency suspension of a BMP plan approval may be appealed in accordance with the provisions of section 21-358.
(Ord. No. 98-3, § 14, 2-12-1998)
Sec. 21-358. Appeal of denial, revocation or suspension of BMP plan approvals.
A person denied a BMP plan approval required by this division or a holder whose BMP plan approval under this division is revoked or suspended may appeal the decision of the director to the stormwater management board in the manner provided in this section. The appellant may commence the appeal by filing a written notice of appeal, specifying the grounds for the appeal, with the director and the stormwater management board within 15 days following receipt of the director's notice of denial, notice of revocation, or notice of suspension. The stormwater management board shall hear and decide such appeal within 14 days following its receipt of the notice of appeal. The director and appellant shall be notified, in writing by certified mail/return receipt requested at the address of the director and the responsible person or holder, as set forth in the application or BMP plan approval, respectively, of the date and time of such hearing at least five days prior to the scheduled date of the hearing. At the hearing, the director shall state his grounds for denying, revoking or suspending the BMP plan approval and shall provide any evidence supporting such denial, revocation or suspension. The appellant may appear in person or be represented by counsel. Evidence on the appellant's behalf may be presented at such hearing. The stormwater management board shall affirm the director's decision if any reason for his denial, revocation or suspension is a valid ground, as set forth in section 21-352, 21-356 or 21-357, respectively, and the existence of such ground is supported by a preponderance of the evidence. The decision of the stormwater management board shall be by concurring vote of four members of the stormwater management board with a quorum present and shall either sustain the decision of the director or reverse or vary the decision of the director, specifying the manner in which any variations shall be made, the conditions upon which they are to be made and the reasons. In the absence of a concurring vote of four members of the stormwater management board, the decision of the director shall stand. The director and the appellant shall be notified in writing of the stormwater management board's decision within five days of the close of the hearing by certified mail/return receipt requested at the address of the director and the responsible person or holder, as set forth in the application or BMP plan approval. Every decision of the stormwater management board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. Every decision shall indicate the vote of each member of the stormwater management board and shall be entered into the board's minutes and filed in the office of the director.
(Ord. No. 98-3, § 15, 2-12-1998)
Sec. 21-359. Noncompliance with terms or conditions of a BMP plan approval prohibited.
It shall be unlawful to refuse or fail to comply with the terms or conditions of a BMP plan approval issued under this division.
(Ord. No. 98-3, § 17, 2-12-1998)