§ 62-136. Stormwater discharges associated with industrial activity.

All owners and operators of industry shall comply with the following requirements:

(1)

Any owner who intends, after the effective date of the ordinance from which this article is derived, to obtain coverage for a stormwater discharge associated with industrial activity under a state industrial general permit shall submit a signed copy of its NOI to the public works department or its designee.

(2)

When required by its NPDES permit, all industry, as defined in section 62-130 shall prepare a SWPPP and implement said plan in accordance with the requirements of its state or federal NPDES permit.

(3)

The SWPPP, when required, shall be prepared and signed by a professional licensed engineer and comply with all state NPDES requirements. The signature of the preparer shall constitute his attestation that the SWPPP fully complies with the requirements of the NPDES permit.

(4)

The SWPPP, when required, shall be updated and modified as appropriate and as required by the NPDES permit and this article.

(5)

A copy of any NOI that is required by subsection (a)(1) of this section shall be submitted to the city in conjunction with any application for a permit or any other city approval necessary to commence or continue operation of the industrial facility.

(6)

The city officer may require any owner or operator who is required by subsection (a)(2) of this section to prepare a SWPPP, to submit the SWPPP, and any modifications thereto, to the public works department or its designee for review.

(7)

Upon the city's review of the SWPPP and any site inspection conducted, the city officer may upon reasonable notice to the owner deny approval necessary to commence or continue operation of the facility, on the grounds that the SWPPP does not comply with the requirements of the NPDES permit, or any additional requirement imposed by or under this article. Also, if at any time the city officer determines that the SWPPP is not being fully implemented, upon reasonable notice to the owner, he may deny approval of any application for a permit or other city approval necessary to commence or continue operation of the facility.

(8)

The SWPPP, if required, with any modifications attached, shall be retained at the industrial facility from the date of commencement of operations until all stormwater discharges associated with industrial activity at the facility are eliminated and the required NOT has been submitted.

(9)

The city officer may notify the owner at any time that the SWPPP does not meet the requirements of the NPDES permit, or any additional requirement imposed by or under this article. Such notification shall identify those provisions of the permit or article which are not met by the SWPPP, and identify which provisions require modification in order to meet such requirements. Upon 30 days of such notification from the city, the owner shall submit to the public works department a written certification that the requested changes have been made.

(10)

The owner shall amend the SWPPP, if required, whenever there is a change in design, construction, operation, or maintenance, which has a significant effect on the potential for the discharge of pollutants to the storm sewer system or to the waters of the United States, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants, or in otherwise achieving the general objective of controlling pollutants in stormwater discharges.

(11)

As may be required by the facility's NPDES permit, qualified personnel (provided by the owner) shall inspect equipment and areas of the facility specified in the SWPPP at appropriate intervals or as may be specified in its NPDES permit. A set of tracking or followup procedures shall be used to ensure that appreciate actions are taken in response to the inspections. Records of inspections shall be maintained.

(12)

Industrial facilities shall implement a sampling and testing program as required by its individual NPDES permits. The city may require submission of written reports of any such monitoring and testing.

(13)

The owner shall retain the SWPPP and all sampling and testing reports until at least one year after stormwater discharges associated with industrial activity at the facility are eliminated, or the operator is no longer operating the facility, and a NOT has been submitted.

(14)

For discharges subject to the semi-annual or annual monitoring requirements of the industrial general permit, in addition to the records-retention requirements of the subsection above, owners are required to retain for a six-year period from the date of sample collection, records of all sampling and testing information collected. Owners must submit such monitoring results, and/or a summary thereof, to the public works department or its designee upon request.

(15)

After the effective date of the ordinance from which this article is derived, no stormwater discharge shall contain any hazardous metals in a concentration that would result in the violation of any state surface water quality standard.

(Prior Code(2), § 14.07.070; Ord. No. 4182, § 1, 2008)