Last Modified on 05/07/2009 09:06:02Chapter 32C STORMWATER QUALITY PROTECTION*
------------
Cross references: Engineering and Architectural Services Department, § 2-27; sewers, ch. 28; grading and drainage, ch. 32A; environmental protection, ch. 40.
------------
Secs. 32C-1– 32C-99. Reserved.
Sec. 32C-100. General powers and purpose.
Sec. 32C-101. Definitions.
Sec. 32C-102. Declaration of nuisance.
Sec. 32C-103. Prohibited practices.
Sec. 32C-104. Stormwater management plan prepared by permit applicants.
Sec. 32C-105. Inspections.
Sec. 32C-106. Violations and penalties.
Secs. 32C-1– 32C-99. Reserved.
Sec. 32C-100. General powers and purpose.
(a) The City Manager or his designee may regulate the use, grading, paving, maintenance, and operation of public rights-of-way and public storm drain systems so as to reduce, to the maximum extent practicable, the addition of pollutants to stormwater in quantities or concentrations that could reasonably be expected to cause or contribute to either a violation of an applicable water quality standard or any condition of a stormwater NPDES permit issued to the City, or any other act that causes or contributes to damage to a public storm drain system. The City Manager or his designee may regulate the use of the public storm drain system through administrative rules, permits, and other written forms of approval for activities that could release pollutants or stormwater to a public storm drain system.
(b) Nothing in this chapter shall be construed as an assumption by the City of Phoenix of any other person's duties or responsibilities arising under any applicable law, including the common law. Any activities of the City Manager authorized by this chapter are permissive rather than mandatory.
(c) The City Manager or his designee will provide implementation guidance to assist the public in complying with this chapter. This guidance may consist of fact sheets, policy and procedure manuals, and other pertinent information relating to the development and implementation of best management practices.
(Ord. No. G-3589, § 1)
Sec. 32C-101. Definitions.
As used in this chapter, the following terms shall have the designated meanings.
(a) Applicable water quality standard means a numeric or narrative water quality criterion that limits the quantity or concentrations of pollutants that may be present in navigable waters defined in 33 United States Code section 1362(7).
(b) Nonresidential property means any real property that is actually or intended to be used for commercial, industrial, agricultural, or recreational purposes, including but not limited to the immediate vicinity of five or more connected residential dwelling units, and residential subdivisions or dwellings that have not been occupied by a bona fide purchaser or tenant.
(c) NPDES permit means an authorization to discharge pollutants issued pursuant to 33 United States Code section 1342.
(d) Pollutant means solid, liquid, gaseous, or other substances that can alter the chemical or physical properties of water, including but not limited to: fluids, solid wastes, pesticides, herbicides, fertilizers, solvents, sludge, petroleum and petroleum products, biological materials, radioactive materials, sand, dirt, animal wastes, acids, and bases.
(e) Pollution means the presence of pollutants on land or in stormwater.
(f) Public storm drain system means all or any part of the publicly owned storm drains, basins, ditches, pipes, graded areas, and gutters located within easements, rights-of-way, parks, streets, roads, or highways, or in common areas of real property leased from the City of Phoenix, that are used for collecting, retaining, or conveying stormwater.
(g) Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping, or disposing into or on any land in a manner that significant materials, pollutants, or stormwater may come to be located in a public storm drain system.
(h) Significant materials means any solid, liquid, or gaseous substance other than stormwater, that can release pollutants, including but not limited to: raw materials; fuels; solvents; detergents; finished materials; hazardous substances designated under section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code section 9601(14); any chemical for which a report must be filed pursuant to section 313 of title III of the Superfund Amendments and Reauthorization Act of 1986, 42 United States Code section 11023; fertilizers; pesticides; herbicides; and waste materials, including garbage, trash, ashes, slag, yard waste, animal waste, and sludge.
(i) Stormwater means rainfall runoff.
(Ord. No. G-3589, § 1)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 32C-102. Declaration of nuisance.
It is hereby declared to be a public nuisance for any person to directly or indirectly release significant materials, pollutants, or stormwater without proper authorization in quantities, velocities, or concentrations that may reasonably be expected to cause or contribute to: damage to a public right-of-way or public storm drain system; a violation of an applicable water quality standard; or a violation of any condition of a stormwater NPDES permit. As used in this section, proper authorization exists if an activity affecting stormwater is specifically authorized in (i) this chapter, (ii) an administrative rule, permit, plan approval, or other authorization issued in compliance with this chapter, or (iii) a stormwater NPDES permit.
(Ord. No. G-3589, § 1)
Sec. 32C-103. Prohibited practices.
(a) It shall be unlawful for any person to use, store, treat or dispose of stormwater, pollutants, or significant materials in a manner that creates a public nuisance as defined in section 32C-102 of this chapter.
(b) It shall be unlawful for any person to release to a publicly owned right-of-way or public storm drain system any substance that is not composed entirely of stormwater except (i) releases pursuant to a NPDES permit, (ii) releases resulting from firefighting and street maintenance activities, and (iii) releases of materials as provided in paragraph (d) or (e) of this section.
(c) It shall be unlawful for any person to, without good cause, interfere with or prohibit any City employee from conducting any activities in furtherance of the requirements of this chapter, including conducting inspections and taking samples.
(d) This section does not prohibit releases of stormwater from stormwater retention or detention basins if a permit or approval is first obtained from the City Manager or his designee. A person seeking such a permit or approval shall demonstrate that the release is not reasonably expected to cause or contribute to a public nuisance as defined in section 32C-102 of this chapter.
(e) This section does not prohibit releases from: fire hydrant flushing; potable water systems, including water line flushing; foundation or footing drains that are not contaminated by pollutants; naturally occurring seeps, springs, wetlands, or riparian areas; nonagricultural irrigation water; vehicle washing for no charge in residential areas, or for not-for-profit fundraisers for educational or public service groups; residential evaporative coolers; air conditioner condensate; and dust control watering.
(Ord. No. G-3589, § 1)
Sec. 32C-104. Stormwater management plan prepared by permit applicants.
(a) Any person applying pursuant to any chapter of the Phoenix City Code for authorization, permission, or a permit to construct improvements or conduct activities on nonresidential property that have the reasonable potential to affect stormwater shall prepare a detailed written stormwater management plan for the management of the volume, velocity, and quality of stormwater that has the reasonable potential to be released off-site. Stormwater management plans shall apply to all contiguous land under common ownership or control, and shall specifically state the address of each parcel of property subject to the plan. The plan shall include a description of the types of all significant materials that will be on the property; the land use and materials management practices that could lead to the pollution of stormwater during all phases of existing and proposed land use; the manner in which significant materials will be used, stored, treated or disposed of; the methods to minimize, to the maximum extent practicable, the pollution of stormwater; and any additional information concerning stormwater management and pollution prevention efforts that are or will be prepared to comply with any rules or NPDES permits promulgated pursuant to the portions of 40 Code of Federal Regulations part 122, that relate to discharges of stormwater. The stormwater management plan shall be provided to the City Manager or his designee.
(b) A stormwater management plan may cover more than one parcel of property so long as the activities on the property are sufficiently similar that the plan is appropriate. Stormwater management plans need not be resubmitted where the new permits relate to activities that will not affect the applicability of a previously submitted plan.
(c) Permits, approvals or other authorizations that require stormwater management plans as provided in this section shall not be issued until the City Manager of his designee has received the applicable stormwater management plan. It shall be cause for modification or revocation of the permit, approval or other authorization if significant materials are not at all times managed in substantial compliance with the applicable stormwater management plan, or if the authorized activity causes or contributes to violations of this chapter. There shall be an enforceable commitment that the persons described in section 32C-106(b) of this chapter will update the stormwater management plan as necessary if activities at the affected property are modified in a manner that may cause a material detrimental change in the volume, velocity, or quality of stormwater released off site.
(d) Stormwater management plans shall include, to the extent applicable, practicable measures for: managing litter; the use, storage, treatment, and disposal of significant materials; the use and disposal of pesticides and herbicides; reducing the velocity of releases to a public storm drain system; the use of landscape features to reduce the quantity and velocity of stormwater that may be released off-site; maintenance of retention basins and other stormwater management devices; maintenance and cleaning of parking lots and buildings; and ensuring that significant materials are not exposed to direct contact with stormwater. Stormwater pollution prevention plans that comply with a stormwater NPDES permit and applicable requirements of 40 Code of Federal Regulations part 122 may be used as part or all of the stormwater management plan required by this section.