HomeMy WebLinkAboutSTORMWATER MANAGEMENT ORDINANCE
Augusta Richmond GA
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STORMWATER MANAGEMENT ORDINANCE
(Excerpt from Augusta-Richmond County Code)
AUGUSTA, GEORGIA
Development Document #5
Augusta-Richmond County Planning Commission
June 1999
TITLE 5
UTILITIES
CHAPTER 1
STORM WATER MANAGEMENT
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5-1-1.
GENERALL Y .
This Chapter shall be known as the 'Storm Water Management
Ordinance of Augusta-Richmond County.
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5-1-2.
FINDINGS.
(a) Uncontrolled storm water drainage/discharge may have
a significant, adverse impact on the health, safety, and welfare of
the citizens of Augusta-Richmond County. Surface water runoff can
carry pollutants and nutrients into receiving waters.
(b) Uncontrolled storm water drainage can increase the
incidence of flooding and the level of floods which occur,
endangering roads, other public and private property and human
life.
(c) Altered land surfaces can change the rate and volume
of runoff.
(d) Adverse water quality and quantity consequences
described above could result in substantial economic losses.
Potential losses include, but are not limited to, increased water
treatment costs, as well as state and federal fines associated with
water quality violations.
(e) Many future problems can be avoided through proper
storm water management.
(f) Every parcel of real property, both public and
private, either uses or benefits from the maintenance of Augusta-
Richmond County's storm water system.
(g) Current and anticipated growth will contribute to
and increase the need for improvement and maintenance of the storm
water system.
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5-1-3.
OBJECTIVES.
The objectives of this chapter include the following:
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(a) To protect, maintain, and enhance the public
health, safety, and general welfare. This objective will be
achieved by providing for regulation and management of Augusta-
Richmond County's storm water system, including public and private
facilities in Augusta-Richmond County.
(b) To comply with State Department of Natural Resources
and Federal Environmental Protection Agency storm water regulations
developed pursuant to the Federal Clean Water Act. These
requirements include:
(1) Control of the contribution of pollutants to
the municipal storm sewer system by storm water discharges
associated with commercial and industrial activity and the quality
of storm water discharged from sites of commercial and industrial
activity;
(2) Prohibition of illicit connections to municipal
separate storm sewers;
(3) Control of discharge to municipal separate
storm sewers of spills, dumping or disposal of materials other than
storm water; and,
(4) Control, through intergovernmental agreements,
of contribution of pollutants from one municipal system to another.
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5-1-4.
DEFINITIONS.
(a) For the purposes of this chapter, unless
specifically defined below, words or phrases shall be interpreted
so as to give them the meaning they have in common usage and to
give this chapter its most effective application. Words in the
singular shall include the plural, and words in the plural shall
include the singular. Words used in the present tense shall
include the future tense. The word shall connotes mandatory and
not discretionary; the word may is permissive.
(b) Unless otherwise specified, or it is apparent from
the context, definitions herein will be the same as those in other
Augusta-Richmond County Ordinances and as used elsewhere in this
code.
(1) Accidental discharge. A discharge prohibited
by this chapter into the municipal storm sewer system which occurs
by chance and without planning or consideration prior to
occurrence.
(2) Appeals authority. The Augusta-Richmond County
Commission, one of whose purpose is to review appeals to this
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chapter and render decisions and variances.
(3) Best Management Practices (BMPs). A wide range
of management procedures, activities, and prohibitions on practices
which control the quality and/or quantity of storm water runoff and
which are compatible with the planned land use.
(4) Clean Water Act. The Federal Water Pollution
Control Act, as amended (33 D.S.C. 1251 et seq.)
(5) Cooling water. Water used exclusively as a
cooling medium in an appliance, device or apparatus.
(6) Conveyance. Storm water features designed for
the movement of storm water through the drainage system, such as
concrete or metal pipes, ditches, depressions, or swales.
(7) Department. The department of public works
responsible for all storm water management activities and
implementation of the provisions of this chapter.
(8) Development means:
a. The division of a lot, tract or parcel of
land into two (2) or more lots, plots, sites, tracts, parcels or
other divisions by plat or deed;
alteration of a
facility;
b. The
structure,
construction, installation, or
impervious surface, or drainage
c. Clearing, scraping, grubbing, or otherwise
significantly disturbing the soil, vegetation, mud, sand or rock or
a site; or
d. Adding, removing, exposing, excavating,
leveling, grading, digging, burrowing, dumping, piling, dredging,
or otherwise disturbing the soil, vegetation mud, sand or rock of
a site.
public works
director.
(9 )
or
Director.
any duly
Either the director of department of
authorized representatives of the
(10) Easement. An acquired legal right for the
specific use of land owned by others.
(11) Governing body.
The Augusta-Richmond County
Commission.
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(12) Illici t connection. A connection to a
municipal separate storm sewer system which results in discharge
that is not composed entirely of storm water runoff, except
discharges pursuant to a NPDES permit (other than the NPDES permit
for discharges from the municipal separate storm sewer) .
(13) Main tenance. Any action necessary to
preserve storm water management facilities in proper working
condition, in order to serve the intended purposes set forth in
this chapter and to prevent structural failure of such facilities.
(14) Municipal storm sewer system. A
conveyance or system of conveyances (including roads with drainage
systems, highways, rights-of-way, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, storm drains, detention
ponds, other stormwater facilities) which is:
a. Owned or operated by Augusta-Richmond
County;
b.
conveying storm water;
Designed or used for collecting or
c. Not a combined sewer; and,
d. Not a part of a Publicly Owned Treatment
Works (POTW).
(15) National Pollutant Discharge Elimination
System (NPDES). A regulatory mechanism est.ablished by the U. S.
Environmental Protection Agency pursuant to the Water Quality Act
and the Clean Water Act with permit application requirements as set
forth in 55FR47990 as implemented by the Georgia Environmental
Protection Division of the Department of Natural Resources in
accordance with the State Water Quality Control Act, O.C.G.A. ~ 12-
5-21.
(16) Person. Any and all persons, natural or
artificial and includes any individual, firm, corporation,
government agency, business trust, estate, trust, partnership,
association, two (2) or more persons having a joint or common
interest, or any other legal entity.
(17) Pollution. The contamination or other
alteration of any water's physical, chemical or biological
properties, including change in temperature, taste, color
turbidity, or odor of such waters or the discharge of any liquid,
gaseous, solid, radioactive, or other substance into any such
waters as will or is likely to create a nuisance or render such
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waters harmful, detrimental or injurious to the public health,
safety or welfare or to domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or
to livestock, wild animals, birds, fish or other aquatic life.
(18) Private. Property or facilities owned by
individuals, corporations, and other organizations and not by city,
state, or federal government.
(19) Procedure. A procedure adopted by the
utility, by and through the director of public works, to implement
a regulation or regulations adopted under this chapter, or to carry
out other responsibilities as may be required by this code or other
codes, ordinances or resolutions of Augusta-Richmond County.
(20)
requirement prepared by
Richmond County pursuant
Regulation. Any regulation, rule or
the department and adopted by Augusta-
to the requirements of this chapter.
(21) Sanitary' sewer system. The complete
sanitary sewer system of the county which discharges sewage
directly or indirectly into the sewage treatment plant, including
sanitary sewer. pipelines, manholes and flushing inlets and
appurtenances to the foregoing, excluding sewage treatment
facilities.
(22) Site. Any lot, plot, parcel or tract of
land.
(23) Storm water management. The collection,
conveyance, storage, treatment and disposal of storm water runoff
in a manner to meet the objectives of this chapter and which shall
include a system of vegetative or structural measures, or both,
that control the increased volume and rate of storm water runoff
and water quality impacts caused by manmade changes to the land.
(24) Storm water management facilities.
Constructed or natural components of a storm water drainage system,
designed to perform a particular function, or multiple functions,
including, but not limited to, pipes, swales, ditches, culverts,
street gutters, detention basins, retention basins, constructed
wetlands, infiltration devices, catch basins, oil/water separators,
sediment basins, natural systems and modular pavement.
(25) Storm water runoff. The direct response
of a land surface to precipitation and includes the surface and
subsurface runoff that enters a ditch, stream, storm drain or other
concentrated flow during and following the precipitation.
(26) Variance. The modification of the minimum
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storm water management requirements for specific circumstances
where strict adherence of the requirements would result in
unnecessary hardship and not fulfill the intent of this chapter.
(27) Water quality. Those characteristics of
storm water runoff that relate to the physical, chemical,
biological, or radiological integrity of water.
(28) Water quantity. Those characteristics of
storm water runoff that relate to the rate and volume of the storm
water runoff.
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5-1-5.
SCOPE OF RESPONSIBILITY.
(a) The provisions of
throughout Augusta-Richmond County.
this
chapter
shall
apply
(b) The director of the department of public works or
designee shall be responsible for the coordination and enforcement
of the provisions of this chapter.
(c) The department of public works shall be responsible
for the conservation, management, maintenance, extension, and
improvement of the Augusta-Richmond County storm water system,
including activities necessary to control storm water runoff and
activities necessary to carry out storm water management programs
included in Augusta-Richmond County's NPDES storm water permit.
(d) The application of this chapter and the provisions
expressed herein shall be the minimum storm water management
requirements and shall not be deemed a limitation or repeal of any
other powers granted by State statute. In addition, if site
characteristics indicate that complying with these minimum
requirements will not provide adequate designs or protection for
local property or residents, it is the designer's responsibility to
exceed the minimum requirements as necessary.
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5-1-6.
POWERS OF THE. DEPARTMENT OF PUBLIC WORKS.
(a) The department of public works shall have the power
to administer and enforce all regulations and procedures adopted to
implement this chapter, including the right to maintain an action
or procedure in any court of competent jurisdiction to compel
compliance with or to restrain any violation of this chapter.
(b) The department of public works shall:
(1) Administer, coordinate and oversee acquisition,
design, construction, and operation and maintenance of municipal
storm water facilities and conveyances;
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(2) Establish or oversee establishment of
development standards and guidelines for controlling storm water
runoff,
(3) Determine the manner in which storm water
facilities should be operated;
(4) Inspect private systems which discharge to the
Richmond County's storm water system;
(5) Advise the Augusta-Richmond County Commission
and other Augusta-Richmond County departments on issues related to
storm water;
(6) Protect facilities and properties controlled by
the Department of Public Works and prescribe how they are used by
others;
(7) Require new, increased, or significantly
changed storm water contributions to comply with the terms of this
chapter.
(8) Develop programs or procedures to control the
discharge of pollutants into the municipal storm sewer system; and,
(9) Adopt and implement the storm water management
program for Augusta-Richmond County.
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5-1-7.
STORM WATER RUNOFF QUANTITY CONTROLS.
(a) Water quantity controls will be provided as a part
of all development pursuant to the provisions of the Augusta-
Richmond County Soil Erosion and Sediment Control Ordinance, Zoning
Ordinance, Water and Wastewater Disposal Ordinance, and Subdivision
of Land Ordinance, and regulations adopted pursuant to those
ordinances.
(b) Augusta-Richmond County may allow storm water runoff
that otherwise is of unacceptable quantity or which would' be
discharged in volumes or at rates in excess of those otherwise
allowed by its ordinances and regulations to be discharged into
drainage facilities off site of the development, provided the
following conditions are met:
(1) It is not practicable to completely manage
runoff on-site in a manner that meets the design and performance
standards found in the ordinances and regulations.
(2) Off-site drainage facilities and channels
leading to them are designed, constructed and maintained in
accordance with requirements of those ordinances; and,
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(3) Adequate provision is made for sharing of
construction, maintenance and operating costs of facilities.
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5-1-8.
PROHIBITION.
(a) It is unlawful for any person to throw, drain,
run, or otherwise discharge to any component of the municipal
separate storm water system or to cause, permit or suffer to be
thrown, drained, run, or allow to seep or otherwise discharge into
such system all matter of any nature excepting only such storm or
surface water as herein authorized.
(b) The director may require controls for or exempt
from the prohibition provision above the following, provided he/she
determines they are not a significant source of pollution:
(1) Unpolluted industrial cooling water, but only
under the authorization and direction of the director and
appropriate NPDES permit. (Per State requirements, the discharge
should not raise the temperature of the receiving stream more than
five (5) degrees after the discharge has thoroughly mixed with
receiving waters. In secondary trout streams, there shall be no
elevation in temperature exceeding two (2) degrees above the
natural stream temperature) .
(2) Water line flushing performed by a government
agency, diverted stream flows, rising ground waters, and unpolluted
ground water infiltration.
(3) Unpolluted pumped ground water.
(4) Discharges from potable water sources,
foundation drains, air conditioning condensation, irrigation wat~r
springs, water from crawl space pumps, footing drains, lawn
watering, individual residential car washing, flows from riparian
habitats and wetlands, and street wash water.
(5) Discharges or flows from fire fighting.
(6) Other unpolluted water.
(c) In the event of an accidental discharge or an
unavoidable loss to the municipal storm sewer system of any
material or substance other than storm water runoff, the person
concerned shall inform the department of public works within
twenty-four (24) hours of the nature, quantity and time of
occurrence of the discharge. The person concerned shall take
immediate steps to contain the waste, treat the waste or other
actions to minimize affects of the discharge on the municipal
system and receiving streams. The person shall also take immediate
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steps to ensure no recurrence of the discharge.
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5-1-9.
ILLICIT CONNECTIONS.
(a) It is unlawful for any person, to connect .any pipe,
open channel, or any other conveyance system that discharges
anything except storm water or unpolluted water which is approved
by the director, based on the exemptions listed in ~ 5-1-8(b), to
Augusta-Richmond County's storm water system.
(b) Improper connections in violation of this Code must
be disconnected and redirected, if necessary, to the Augusta-
Richmond County sanitary sewer system upon approval by the director
of the water and sewer department.
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5-1-10.
MAINTENANCE AND INSPECTION.
(a)
Any storm water management facility or BMP
which services a single lot or commercial and
development shall be privately owned and maintained.
shall maintain a perpetual, nonexclusive easement which
access for maintenance.
industrial
The owner
allows for
(b) All other storm water management control
facilities and BMPs shall be publicly owned and/or maintained only
if accepted for maintenance by Augusta-Richmond County.
(c) The director may require dedication of
privately owned storm water facilities which discharge to the storm
water system to Augusta-Richmond County.
(d) The department of ~ublic works director shall
determine inspection schedules necessary to enforce the provisions
of this chapter.
(e) The director or designee, bearing proper
credentials and identification shall be permitted to enter, without
hindrance, all properties for regular inspections, periodic
investigations, observation, measurement, enforcement, sampling and
testing, in accordance with provisions of this chapter. The
director or designee shall duly notify the owner of said property
or the representative on site, except in the case of an emergency.
(f) The director or designated employee of the
department of public works, bearing proper credentials and
identification, shall be permitted to enter, without hindrance, all
properties for which Augusta-Richmond County holds a negotiated
easement for repairs, maintenance and other purposes related to any
portion of the storm water management facilities lying within said
easement. The director or designee shall duly notify the owner of
said property or the representative on site, except in the case of
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an emergency.
(g) Measurements, tests and analyses performed by
the department of public works or required of any discharger to the
municipal system shall be in accordance with 40 CFR Part 136,
unless another method is approved by the director.
(h) If, after inspection, the condition of a
facility presents any immediate danger to the public health, safety
or general welfare because of unsafe conditions or improper
maintenance, Augusta-Richmond County shall have the right, but not
the duty, to take action as may be necessary to protect the public
and make the facility safe.
(i) Inspection reports shall be maintained in a
permanent file located at the department of public works office for
a period of three (3) years. All such records shall be open to the
public.
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5-1-11.
VARIANCES FOR REQUIREMENTS.
(a) The director may grant a variance from
requirements of this chapter if exceptional circumstances
applicable to a site exist such that strict adherence to the
provisions of this chapter will result in unnecessary hardship and
will not fulfill the intent of this chapter.
(b) A written request for. a variance shall be
required and shall state the specific variance sought and the
reasons, with supporting data, a variance should be granted. The
request shall include all information necessary to evaluate the
proposed variance.
(c) The director will conduct a review of the
request for a variance within thirty (30) working days of receiving
the request.
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5-1-12.
APPEALS.
(a) Any person aggrieved by a decision of the
director (including any decision with reference to the granting or
denial of a variance from the terms of this chapter) may appeal
same by filing a written notice of appeal with the director within
ten (10) days of the issuance of said decision by the director. A
notice of appeal shall state the specific reasons why the decision
of the director is alleged to be in error.
(b) The director may reverse his/her decision
giving written reason for reversal. In the event the director does
not reverse his/her decision, the director shall prepare and send
to the board of appeals and appellant a written response to said
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notice of appeal within thirty (30) days of receipt of the notice
of appeal.
(c) All appeals shall be heard by a board of
appeals to be constituted of the county administrator, the director
of inspections, and the Director of the Augusta-Richmond County
Planning and Zoning Commission. The hearing shall be held within
thirty (30) days after receipt of notice of appeal or on a date
mutually agreed upon in writing by the appellant and the board of
appeals. The board of appeals shall then make its finding within
ten (10) days of the appeal hearing. Decisions of the board of
appeals shall be based upon guidelines for appeals established by
the Augusta-Richmond County Commission as amended from time to
time.
(d) If the appellant is dissatisfied with the
decision of the board of appeals, he/she can appeal said decision
to the Augusta-Richmond County Commission within thirty (30) days
of the hearing decision being rendered to appellant. The
Commission shall notify appellant of a time and place for hearing
the appeal, and said time shall be wi thin thirty (30) days of
receipt of notice from appellant. The Commission shall make a
finding on the appeal within ten (10) days of the hearing.
(e) If the appellant is dissatisfied with the
Commission's decision, he/she can appeal said decision to the
Superior Court of Richmond County within thirty (30) days of the
date of that decision. Said appeal shall consist of a review of
the record in the appeal process.
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5-1-13.
COOPERATION WITH OTHER GOVERNMENTS.
Augusta-Richmond County may enter into agreements with
the State of Georgia or with other local governments to carry out
the purpose of this chapter. These agreements may include, but are
not limited to enforcement of provisions, resolution of disputes,
cooperative monitoring, and cooperative management of storm water
system and management programs.
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5-1-14.
PROPERTY OWNER LIABILITY; SUPPLEMENTAL CHARGES.
Any person in violation of any portion of this chapter
shall pay for all costs of Augusta-Richmond County associated with
the violation, including (but not limited to) containment, cleanup,
injury, death, legal, or other costs.
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5-1-15.
ENFORCEMENT; PENALTIES.
(a) This chapter shall be enforced by the office of
the director of public works. Citations for violation may be
issued by inspectors from the department of public works. Citation
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shall specify the nature of violation and the potential penalty
involved.
.(b) Any person, cited for violating this chapter
shall be tried as a misdemeanor and shall upon conviction, shall be
subject to the penalties provided in ~ 1-6-1.
(c) In addition, Augusta-Richmond County may
institute appropriate action or proceedings at law or in equity for
the enforcement of this chapter or to correct violations of this
chapter. Any court of competent jurisdiction may have the right to
issue restraining orders, temporary or permanent injunctions, and
other appropriate forms of remedy or relief. Each day of
noncompliance is considered a separate offense. Nothing herein
contained shall prevent Augusta-Richmond County from taking such
other lawful action as is necessary to prevent or remedy any
violation, including application for injunctive relief.
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5-1-16.
SEVERABILITY.
If any term, requirement or provision of this chapter or
the application thereof to any person or circumstance shall, to any
extent, be invalid or unenforceable, the remainder of this chapter
or the application. of such terms, requirements and provisions to
persons or circumstances other than those to which it is held
invalid or unenforceable, shall not be affected thereby and each
term, requirement or provision of this chapter shall be valid and
be enforced to the fullest extent permitted by law.
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5-1-17.
PRIOR INCONSISTENT ORDINANCES.
Any provisions and
of adoption of this chapter
chapter are hereby voided,
inconsistency.
ordinances adopted prior to the date
and that are inconsistent with this
but only to the extent of such
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