HomeMy WebLinkAboutORD 7291 STORMWATER MANAGEMENT ORDINANCE . ,
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� Ord 7291
STORMWATER MANAGEMENT ORDINANCE
AUGUSTA, GEORGIA
DEVELOPMENT DOCUMENT #5
Augusfia Planning & De�eloprnent Department
�eptember 2011
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TITLE 5
UTILITIES
CHAPTER 1
STORM WATER MANAGEMENT
§ 5-1-1. GENERALLY.
This Chapter shall be known as the Storm Water Management Ordinance of
Augusta, GA.
§ 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, GA. 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 property storm water
management.
( fl Every parcel of real property, both public and private, either uses or
benefits from the maintenance of Augusta, GA'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.
§ 5-1-3. OBJECTIVE
The objectives of this chapter include the following:
(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
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Augusta, GA's storm water system, including public and private facilities in Augusta,
GA.
(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.
§ 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 connote 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, GA Ordinances and as used elsewhere
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 Commission,
one of whose purpose is to review appeals to this 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.
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(4) Clean Water Act. The Federal Water Pollution Control Act, as
amended (33 U.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;
b. The construction, installation, or alteration of a structure,
impervious surface, or drainage facility;
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.
(9) Director. Either the director of department of public works or any
duly authorized representatives of the director.
(10) Easement. An acquired legal right for the specific use of land
owned by others.
(11) Governing body. The Augusta Commission.
(12) Illicit connection. A connection to a municipal separate storm
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
discharge from the municipal separate storm sewer).
(13) Maintenance. 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
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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, GA;
b. Designed or used for collection or conveying stormwater;
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 established 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 SSFR47990 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 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 the code or other
codes, ordinances or resolutions of Augusta, GA.
(20) Regulation. Any regulation, rule or requirement prepared by the
department and adopted by Augusta, GA pursuant to the requirements of this chapter.
(21) Sanitary sewer system. The complete sanitary sewer system of the
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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
pavements.
(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 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.
§ 5-1-5. SCOPE OF RESPONSIBILITY.
(a) The provisions of this chapter shall apply throughout Augusta, GA.
(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, GA storm water
system, including activities necessary to control storm water runoff and activities
necessary to carry out storm water management programs included in Augusta, GA's
NPDES storm water permit.
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(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.
§ 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.
(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 Augusta, GA's
storm water system;
(5) Advise the Augusta Commission and other
Augusta deparhnents 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 progams 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, GA.
§ 5-1-7 STORM WATER RUNOFF QUANTITY CONTROLS.
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(a) Water quantity controls will be provided as a part of all development
pursuant to the provisions of the Augusta, GA Soil Erosion and Sediment Control
Ordinance, Zoning Ordinance, Water and Wastewater Disposal Ordinance and
Subdivision of Land Ordinance, and regulations adopted pursuant to those ordinance.
(b) Augusta, GA 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,
(3) Adequate provision is made for sharing of construction,
maintenance and operating costs of facilities.
§ 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
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conditioning condensation, irrigation water 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 waster, 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 steps to ensure no recurrence of the
discharge.
§ 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 the Code must be disconnected and
redirected, if necessary, to the Augusta, GA sanitary sewer system upon approval by the
director of the water and sewer department.
§ 5-1-10 MAINTENANCE AND INSPECTION.
(a) Any storm water management facility of BMP which services a single lot
or commercial and industrial development shall be privately owned and maintained. The
owner shall maintain a perpetual, nonexclusive easement which allows for access for
maintenance.
(b) All other storm water management control facilities and BMPs shall be
publicly owned and/or maintained only if accepted for maintenance by Augusta, GA.
(c) The director may require dedication of privately owned storm water
facilities which discharge to the storm water system to Augusta, GA.
(d) The department of public works director shall determine inspection
schedules necessary to enforce the provisions of this chapter.
(e) The director or designee, bearing proper credentials and identification
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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.
( fl 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, GA 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 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, GA 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.
§ 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.
§ 5-1-12 APPEALS
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(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 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
Planning & Development Department. 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 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 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 within 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.
§ 5-1-13 COOPERATION WITH OTHER GOVERNMENTS.
Augusta, GA 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.
§ 5-1-14 PROPERTY OWNER LIABILITY; SUPPLEMENTAL CHARGES.
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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.
§ 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 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, GA 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, GA from taking such other lawful action as is
necessary to prevent or remedy any violation, including application for injunctive relief.
§ 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
person or circumstances other than those to which it is held invalid or unenforceable,
sha11 not be affected thereby and each term, requirement or provision of this chapter shall
be valid and be enforced to the fullest extent pern�itted by law.
§ 5-1-17 PRIOR INCONSI5TENT ORDINANCES.
Any provisions and ordinances adopted prior to the date of adoption of this
chapter that are inconsistent with this chapter are hereby voided, but only to the extent of
such inconsistency.
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All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Duly adopted by the Augusta Commission this 6 th day of
September � 20 T `'
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MA OR, AUGUSTA COMMISSION
h��� AUGUSTA, GEORGIA
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ATTEST:
LENA BONNER, CLERK
First Reading: August 16 , 2011
Second Reading: