Chapter 12.10
PROHIBITED DISCHARGES

Sections:

12.10.010    Illegal discharges.

12.10.050    Illicit connections.

12.10.070    Waste disposal prohibitions.

12.10.080    Watercourse protection.

12.10.090    Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

12.10.100    Notification of spills.

12.10.120    Requirement to eliminate illegal discharges.

12.10.140    Requirement to eliminate illicit connections.

12.10.143    Requirement to remediate.

12.10.147    Requirement to monitor and analyze.

12.10.150    Suspension of access.

12.10.160    Damage to the stormwater system.

12.10.010 Illegal discharges.

No person shall cause any pollutant to be discharged to any waters of the State or cause any pollutant to be placed in a location where such pollutant is likely to escape or be carried into the stormwater system and by said stormwater systems into the waters of the State.

The commencement, conduct, or continuance of any illegal discharge is prohibited except as described as follows:

The prohibition shall not apply to any non-storm discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered by the State of Oregon under the authority of the Federal Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided the written approval has been granted by the City of Albany for any discharge to the stormwater system. (Ord. 5498 § 1, 2001).

12.10.050 Illicit connections.

No person shall construct, use, maintain, or allow the continued existence of an illicit connection to the stormwater system. Existing illicit connections are expressly prohibited, without limitation, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 5498 § 1, 2001).

12.10.070 Waste disposal prohibitions.

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, maintained, or kept in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the stormwater system, or waters of the State, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that the same may cause or contribute to pollution. (Ord. 5498 § 1, 2001).

12.10.080 Watercourse protection.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, and other obstacles that would pollute, contaminate, or retard the flow of water through the watercourse. In addition, the owner or lessee shall remove or maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. No person shall remove native vegetation in the vicinity of a watercourse except where it poses an imminent hazard to human health and safety or nearby structures. No person shall remove vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. Within the limits established through any required state or federal permits, the property owner or lessee shall maintain and stabilize the banks of the watercourse within their property lines in order to protect against erosion and degradation of the watercourse. Watercourse banks shall be stabilized using planted vegetation and natural materials instead of hard materials (e.g., concrete, asphalt, rock, logs, lumber, etc.) wherever practicable. (Ord. 5498 § 1, 2001).

12.10.090 Discharges in violation of industrial or construction activity NPDES stormwater discharge permit.

Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. (Ord. 5498 § 1, 2001).

12.10.100 Notification of spills.

Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials that is resulting in or may result in illegal discharges or pollutants discharging into stormwater, the stormwater system, or waters of the State, said person shall take all necessary steps to ensure the discovery, immediate notification, containment, and cleanup of such release.

(1) In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the Public Works Department immediately in person or by telephone. Notification of the emergency response agencies or the Public Works Department does not relieve the discharger of their responsibility to also notify appropriate state and federal agencies.

Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the City of Albany Public Works Director within five business days of the original notice. The notice shall include a detailed written statement submitted by the discharger describing the causes of the discharge, measures taken to mitigate the spill, and the measures taken to prevent any future occurrence.

If the discharge emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.

(2) The person responsible for the discharge of pollutants or hazardous materials to the environment shall be responsible for all cleanup costs. All related City expenses including, but not limited to, costs for identification, hazard assessment, and containment shall also be fully reimbursed.

(3) In general, reimbursement costs are those incident costs that are eligible, reasonable, necessary, and allocable to the incident. Costs allowable for reimbursement may include, but are not limited to:

(a) Disposable materials and supplies provided, consumed and expended specifically for the purpose of the incident for which reimbursement is being requested;

(b) Compensation of the employees for the time devoted specifically to the incident;

(c) Rental or leasing of equipment used specifically for the incident;

(d) Replacement costs for equipment or property owned by the City that is contaminated or damaged beyond reuse or repair;

(e) Decontamination of equipment that was used during the incident;

(f) Special technical services required for the incident; and

(g) Laboratory expenses for the purpose of analyzing samples taken during the incident. (Ord. 5498 § 1, 2001).

12.10.120 Requirement to eliminate illegal discharges.

The Director may require, by written notice, that a person responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 5498 § 1, 2001).

12.10.140 Requirement to eliminate illicit connections.

The Director may require, by written notice, that a person responsible for an illicit connection to the stormwater system immediately, or by a specified date, comply with the requirements of this chapter to eliminate the connection, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this chapter.

If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that an illegal discharge will no longer occur, said person may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. (Ord. 5498 § 1, 2001).

12.10.143 Requirement to remediate.

Whenever the Director finds that an illegal discharge is taking place or has occurred that will result in or has resulted in pollution of stormwater, the stormwater system, or waters of the State, the Director may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of AMC 12.80.010 through 12.80.090. (Ord. 5498 § 1, 2001).

12.10.147 Requirement to monitor and analyze.

The Director may require, by written notice, that any person engaged in any activity and/or owning or operating any facility that may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the stormwater system or waters of the State, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the City of Albany as deemed necessary to determine compliance with this chapter. (Ord. 5498 § 1, 2001).

12.10.150 Suspension of access.

The City of Albany may, without prior notice, suspend access to the stormwater system when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, to the stormwater system, or waters of the State.

If the violator fails to comply with a suspension order, the City of Albany may take such steps as deemed necessary to prevent or minimize damage to the stormwater system, prevent or minimize danger to the environment, or to prevent or minimize danger to persons. (Ord. 5498 § 1, 2001).

12.10.160 Damage to the stormwater system.

When a discharge causes obstruction, damage, or other impairment to the stormwater system, the Director may assess a charge against the discharger for the work required to clean or repair the facility. If the discharger fails to pay said charge, the costs to clean or repair the facility may be assessed against the property pursuant to AMC 12.80.050. (Ord. 5498 § 1, 2001).