Chapter 14
STORMWATER MANAGEMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168
9-14-1: GENERAL PROVISIONS:
9-14-2: DEFINITIONS:
9-14-3: GRADING PERMITS:
9-14-4: STORMWATER FACILITIES DESIGN AND MANAGEMENT STANDARDS:
9-14-5: POSTCONSTRUCTION:
9-14-6: ILLICIT DISCHARGES:
9-14-7: ENFORCEMENT:
9-14-8: PENALTIES:
9-14-9: APPEALS:

9-14-1: GENERAL PROVISIONS:linklink


A. Purpose: It is the purpose of this chapter to:

1. Protect, maintain, and enhance the environment of the city of St. George.

2. Establish responsibilities for controlling and managing stormwater runoff.

3. Protect the public health, safety and the general welfare of the city and its inhabitants by controlling discharges of pollutants to the city's stormwater facilities and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, but not limited to, lakes, rivers, streams, ponds, wetlands, and groundwater of the city.

4. Enable the city to comply with the national pollution discharge elimination system permit (NPDES and UPDES) and applicable regulations, 40 CFR section 122.26 for stormwater discharges.

5. Allow the city to exercise the powers granted by Utah code, which provides that, among other powers municipalities have with respect to stormwater facilities, the power by ordinance or resolution to:

a. Exercise general regulation over the planning, location, construction, operation and maintenance of stormwater facilities in the municipality, whether or not owned and operated by the municipality;

b. Adopt any rules and regulations deemed necessary to accomplish the purposes of this chapter, including the adoption of a system of fees for services and permits;

c. Establish standards to regulate the quantity of stormwater discharged and to regulate stormwater contaminants as may be necessary to protect water quality;

d. Review and approve plans and plats for stormwater management in proposed subdivisions or commercial developments;

e. Issue permits for stormwater discharges, or for the construction, alteration, extension, or repair of stormwater facilities;

f. Suspend or revoke permits when it is determined that the permittee has violated any applicable ordinance, resolution, or condition of the permit;

g. Regulate and prohibit discharges into stormwater facilities of sanitary, industrial, or commercial sewage or waters that have otherwise been contaminated;

h. Expend funds to remediate or mitigate the detrimental effects of contaminated land or other sources of stormwater contamination, whether public or private; and

i. Establish a viable and fair method of financing the construction, operation and maintenance of the stormwater facilities.


B. Administering Entity: The city of St. George shall administer the provisions of this chapter. Nothing in this chapter shall relieve any person from responsibility for damage to other persons or property, nor impose upon the city of St. George, its officers, agents or employees, any liability for damage to other persons or property. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079575
9-14-2: DEFINITIONS:linklink

For the purpose of this chapter, the definitions in section 8-6-2 of this code shall apply in this chapter as well as the following definitions:

BEST MANAGEMENT PRACTICES (BMPs): Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the city of St. George and that have been incorporated by reference into this chapter as if fully set out therein. For purposes of this title, the relevant BMPs are more particularly defined in the city of St. George stormwater management program and city of St. George "Standard Specifications For Design And Construction".

CHANNEL: A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically.

CITY OF ST. GEORGE: The city of St. George or authorized designee.

CITY STORMWATER FACILITIES: Storm systems that receive runoff from public rights of way, natural waterways, and drainage systems identified in a city easement.

COMMON PLAN OF DEVELOPMENT OR SALE: One plan for development or sale, separate parts of which are related by any announcement, piece of documentation (including sign, public notice or hearing, sales pitch, advertisement, drawing, plat, blueprint, contract, zoning request, computer design, etc.), physical demarcation (including contracts) that identify the scope of the project. A plan may still be a common plan of development or sale even if it is taking place in separate stages or phases, is planned in combination with other construction activities, or is implemented by different owners or operators.

CONTAMINANT: Any unnatural, physical, chemical, biological, or radiological substance or matter in water.

DISCHARGE: Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate stormwater facilities.

EASEMENT: An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, municipality or other legal entity has in the land of another.

EROSION: The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects (human cause).

EROSION AND SEDIMENT CONTROL PLAN: A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

GRADING PERMIT: A permit issued by the city of St. George to allow grading of a property.

ILLICIT CONNECTIONS: Illegal or unauthorized connections to the municipal separate storm sewer system whether or not such connections result in discharges into that system.

ILLICIT DISCHARGE: Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under 40 CFR section 122.26.

IMMEDIATELY: Requires owner/operator to, on the same day a condition requiring corrective action is found (or as soon afterward as possible considering normal work schedule and task size) take all reasonable steps to minimize or prevent the discharge of pollutants until a permanent solution is installed and made operational.

LAND DISTURBING/GRADING ACTIVITY: Any activity on property that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing/grading activities include, but are not limited to, development, redevelopment, demolition, construction, reconstruction, clearing, grading, filling, and excavation.

MAINTENANCE: Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility.

MAINTENANCE AGREEMENT: A document recorded in the Washington County recorder's office that acts as a property deed restriction, and which provides for long term maintenance of stormwater management practices.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including, but not limited to, the roads, streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT OR NPDES PERMIT: The provisions of the federal clean water act for the control of stormwater discharges, also a permit issued pursuant to 33 USC 1342.

NOTICE OF INTENT (NOI): Whenever a contractor disturbs one acre or more of property, an NOI through the state of Utah must be filed. This is a binding contract between the state of Utah and the contractor stating that the contractor will address stormwater and drainage issues on site and downstream throughout the duration of the project until the NOT is filed.

NOTICE OF TERMINATION (NOT): Whenever a contractor completes a project on one acre or more of property. It is the contractor's responsibility to maintain the stormwater and drainage controls until such time as the NOT is filed and accepted by the state of Utah.

NOTICE OF VIOLATION (NOV): Whenever the city of St. George finds that a person is in noncompliance with this chapter, the city of St. George will order compliance by written notice of violation to the responsible person. Requirements in this notice are at the discretion of the city of St. George, and may include monitoring, payment to cover costs relating to the noncompliance, and the implementation of best management practices.

PERSON: Any and all persons including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

PROPERTY OWNER: Landowner of property within the boundary of the city of St. George.

RUNOFF: That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater facilities; including, but not limited to: water produced by storms, surface drainage, snow and ice melt, and other water handled by the storm sewer drainage system.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.

SEDIMENTATION: Soil particles suspended in stormwater that can settle in streambeds and disrupt the natural flow of the stream.

STABILIZATION: Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring.

STORMWATER FACILITIES: The drainage structures, conduits, ditches, storm sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of.

STORMWATER MANAGEMENT: The programs to manage quality and quantity of stormwater runoff.

STORMWATER MANAGEMENT PROGRAM (SWMP): The city of St. George stormwater master program as adopted by the city.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP): All drawings, documents, specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff.

STORMWATER RUNOFF: Flow on the surface of the ground, resulting from precipitation.

STRUCTURAL BMPs: Devices that are constructed or installed to provide control of stormwater runoff.

SURFACE WATER: Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other watercourses, lakes and reservoirs.

UPDES: Utah pollution discharge elimination system.

WATERCOURSE: A permanent or intermittent stream or other body of water, either natural or manmade, which gathers or carries surface water. (Ord. 2015-11-006, 11-19-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079576
9-14-3: GRADING PERMITS:linklink


A. When Required: Every person will be required to obtain a grading permit for any land disturbance and grading activity of land of one-fourth (1/4) acre or more.


B. Exemptions: The following activities are exempt from the permit requirement:

1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources.

2. Existing nursery and agricultural operations conducted as a permitted main or accessory use.

3. Any existing single-family home that disturbs less than one acre that is within a recorded subdivision.

4. Additions or modifications to existing single-family structures.


C. Application For A Grading Permit: Each application shall include the following:

1. Name of applicant;

2. Business or residence address of applicant;

3. Name, address or telephone number of the owner of the property of record;

4. Address and legal description of subject property including the tax reference number and parcel number of the subject property;

5. Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing/grading activity and who shall implement the erosion and sediment control plan;

6. A statement indicating the nature, extent and purpose of the land disturbing/grading activity, including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing/grading activity;

7. A diagram with contours and cross sections showing the extent of grading and BMPs;

8. Drainage study, if required by city;

9. A sediment and erosion control plan as provided in this chapter;

10. A stormwater pollution prevention plan as provided in this chapter;

11. Each application for a grading permit shall be accompanied by payment of grading permit and other stormwater management fees, as adopted by resolution and found in the city fee schedule;

12. Air quality/dust control plan as required in this code;

13. A copy of the Utah state notice of intent (NOI).


D. Review And Approval Of Application:

1. The city of St. George will review each application for a grading permit to determine its conformance with the provisions of this chapter. The city of St. George approves the stormwater pollution prevention plan (SWPPP) prior to application for the state NOI. Both the SWPPP and NOI are required to be approved before the grading permit can be issued. The city of St. George shall provide one of the following responses in writing:

a. Approval of the permit application;

b. Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or

c. Denial of the permit application, indicating the reason(s) for the denial.

2. If the city of St. George has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city of St. George. No grading permit will be released until the development plans have been approved.


E. Permit Duration: Every grading permit shall expire and become null and void if substantial work authorized by such permit has not commenced within sixty (60) calendar days of issuance and becomes null and void if the entire project is not completed within twelve (12) months from the date of issuance or an extension has been granted based on ongoing work on the project and substantial work being completed.


F. Notice Of Construction; Inspections: The applicant must notify the city of St. George in advance of the commencement of construction to schedule a preconstruction meeting. Weekly inspections of the stormwater BMPs shall be conducted by the owner/operator. All inspections shall be documented and written reports prepared on a city of St. George approved form.


G. Performance Bonds: The city of St. George may, at its discretion, require the submittal of a performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater pollution prevention plan. The amount of the installation performance bond shall be one hundred twenty percent (120%) of the total estimated construction cost of the structural BMPs approved under the permit plus any reasonably foreseeable additional related costs, e.g., for damages or enforcement. The performance bond shall contain forfeiture provisions for failure to complete work specified in the stormwater pollution prevention plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the city of St. George. The performance bond shall be released in full only upon submission of as built plans that the structural BMP has been installed in accordance with the approved plan and other applicable provisions of this chapter. Provisions for a partial pro rata release of the performance bond based on the completion of various development stages can be made at the discretion of the city of St. George. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079577
9-14-4: STORMWATER FACILITIES DESIGN AND MANAGEMENT STANDARDS:linklink


A. Stormwater Design And Best Management Practices (BMPs): Anyone subject to this chapter must comply with this code, all stormwater programs and plans adopted by the city and with the city of St. George "Standard Specifications For Design And Construction". These standards include specific design criteria and operation and maintenance requirements for each stormwater practice. These standards may be updated and expanded from time to time, at the discretion of the city. Stormwater facilities that are designed, constructed and maintained in accordance with these standards and with BMP criteria will be presumed to meet the minimum water quality performance standards.


B. Notice Of Intent (NOI) Requirements: All persons grading or disturbing one acre or more will be required to obtain a notice of intent (NOI) through the state of Utah. This form requires that an SWPPP is developed in writing on a form approved by the city of St. George. This is a binding contract between the state of Utah and the contractor stating that the contractor will address stormwater and drainage issues on site and downstream throughout the duration of the project until the NOT is filed. The NOI shall be signed by both the owner and the operator.


C. Sediment And Erosion Control Plan Requirements: The sediment and erosion control plan shall accurately describe the potential for soil erosion and sedimentation problems resulting from land disturbing/grading activity and shall explain and illustrate the measures that are to be taken to control these problems. The length and complexity of the plan is to be commensurate with the size of the project, severity of the site condition, and potential for off site damage. The plan shall be sealed by a registered professional engineer licensed in the state of Utah. The plan shall also conform to the requirements found in the city of St. George stormwater management program, and shall include at least the following:

1. Topographic Map: A topographic map with contour intervals of two feet (2') or less showing present conditions and proposed contours resulting from land disturbing/grading activity.

2. Existing Drainageways: All existing drainageways, including intermittent and wet weather. Include any designated floodways or floodplains.

3. Clearing, Grading And Filling: Approximate limits of proposed clearing, grading and filling.

4. Improvements: Location, size and layout of proposed stormwater and sedimentation control improvements.

5. Proposed Drainage Network: Proposed drainage network.

6. Remediation Measures: Specific remediation measures to prevent erosion and sedimentation runoff. Plans shall include detailed drawings of all control measures used, stabilization measures including vegetation and nonvegetation measures, both temporary and permanent, will be detailed. Detailed construction notes and a maintenance schedule shall be included for all control measures in the plan. Measures must also include all requirements to address natural buffers or equivalent sediment controls that apply when surface water is located within fifty feet (50') of a project's earth disturbance.

7. Construction Details; Road Access; Removal Of Sediment From Streets: Specific details for the construction of rock pads, wash down pads, and settling basins for controlling erosion; road access points; eliminating or keeping soil, sediment, and debris on streets and public ways at a level acceptable to the city of St. George. Soil, sediment, and debris brought onto streets and public ways must be removed by the end of the workday by machine, broom or shovel to the satisfaction of the city of St. George. Failure to remove the sediment, soil or debris shall be deemed a violation of this chapter.

8. Proposed Structures: Location (to the extent possible) and identification of any proposed additional buildings, structures or development on the site.


D. Stormwater Pollution Prevention Plan (SWPPP) Requirements: All persons grading or disturbing one acre or more will be required to develop a stormwater pollution prevention plan (SWPPP) in writing on a form approved by the city of St. George for the protection, control and restoration of stormwater quality. Property owners are responsible to manage stormwater runoff and sediment, unless this responsibility is relinquished through the terms and conditions of an easement, agreement, or contract. The stormwater pollution prevention plan shall include sufficient information to allow the city of St. George to evaluate the environmental characteristics of the project site, the potential impacts of all proposed development of the site, both present and future, on the water resources, and the effectiveness and acceptability of the measures proposed for managing stormwater generated at the project site. To accomplish this goal the stormwater pollution prevention plan shall be submitted in writing on a form approved by the city of St. George.


E. Notice Of Termination (NOT) Requirements: All persons grading or disturbing one acre or more will be required to file a notice of termination (NOT) through the state of Utah after completion of the final project acceptance by the city of St. George. It is the contractor's responsibility to maintain the stormwater and drainage controls until such time as the NOT is filed and accepted by the state of Utah. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079578
9-14-5: POSTCONSTRUCTION:linklink


A. Standards To Minimize Impacts On Water Quality: New development and redevelopment projects must have requirements or standards to ensure that any stormwater controls or management practices will prevent or minimize impacts to water quality.


B. Standards To Minimize Development In Susceptible Areas: New development and redevelopment projects includes nonstructural BMPs such as requirements and standards to minimize development in areas susceptible to erosion and sediment loss; to minimize the disturbance of native soils and vegetation; to preserve areas in the municipality that provide important water quality benefits; to implement measures for flood control; and to protect the integrity of natural resources and sensitive areas.


C. Projects Greater Than Or Equal To One Acre: Newly developed and redeveloped projects that disturb greater than or equal to one acre, including projects less than one acre that are of a larger common plan of development or sale, shall include a process to evaluate and encourage a low impact development (LID) approach which encourages the implementation of structural BMPs, where practicable, that infiltrate, evapotranspire or harvest and use stormwater from the site to protect water quality. Structural controls may include green infrastructure practices such as rainwater harvesting, rain gardens, permeable pavement, and vegetative swales. The selection and design of postconstruction controls shall take into consideration clogging or obstruction issues, freeze-thaw problems, effect on slope stability and groundwater, and the ability to effectively maintain the control.


D. Specific Criteria: Newly developed and redeveloped projects must meet specific criteria which require that best management practices (BMPs) are designed to treat the water from a specific design storm (the 2-year, 24-hour event, etc.) must be incorporated into the permittee postconstruction minimum control measure and documented in the stormwater pollution prevention plan. Permittee may allow other unique or complex methodologies.


E. Inspections: Owners/operators of newly developed and redeveloped projects shall conduct inspections and perform any necessary maintenance at least annually. This may be conducted by either the permittee or the property owner/operator. On sites where the property owner/operator is conducting maintenance, the permittee shall allow municipal inspections to conduct inspections at least once every five (5) years, or more frequently as needed to show that adequate maintenance is being performed.


F. Stabilization Requirements: Any area that has been disturbed by grading activity shall be stabilized according to a schedule provided by the contractor or the owner/operator and approved by the city of St. George. A plan must be submitted with the final design describing the vegetative or other stabilization and management techniques to be used at a site. This plan will explain not only how the site will be stabilized, who will be responsible for the maintenance of vegetation or other stabilization at the site, and what practices will be employed to ensure that adequate cover is preserved.


G. Inspection Of Stormwater Facilities: Periodic inspections of facilities shall be performed by the city of St. George on public property. On private property, the landowner, its successors and assigns, including any homeowners' association, shall conduct periodic inspections and maintain the stormwater facilities. This includes all inlets, pipes, channels, and detention basins built to convey stormwater, as well as all other structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. "Adequate maintenance" is defined as good working condition so that these stormwater facilities are performing their designed functions. An annual inspection report must be filled out for stormwater facilities located on private property and retained for three (3) years to ensure that the facilities are in good working condition and acceptable to the city of St. George. The owner must provide the records for the city of St. George upon request.


H. Records Of Installation And Maintenance Activities: Parties responsible for the operation and maintenance of a stormwater facility shall make records of all maintenance and repairs to the facility, and shall retain the records for at least three (3) years. These records shall be made available to the city of St. George upon request.


I. Failure To Meet Or Maintain Design Or Maintenance Standards: If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities, the city of St. George, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater facility becomes a danger to public safety or public health, the city of St. George shall notify in writing the party responsible for maintenance of the stormwater facility. Upon receipt of that notice, the responsible person shall immediately repair the facility in an approved manner. In the event that corrective action is not undertaken within that time, the city of St. George may take necessary corrective action. The cost of any action by the city of St. George under this section shall be charged to the responsible party and a lien placed on property for payment. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079579
9-14-6: ILLICIT DISCHARGES:linklink


A. Scope: This section shall apply to all water generated on developed or undeveloped land entering the city's separate storm sewer system.


B. Prohibition Of Illicit Discharges: No person shall introduce or cause to be introduced into the municipal separate storm sewer system any discharge that is not composed entirely of stormwater. The commencement, conduct or continuance of any nonstormwater, uncontaminated discharge to the municipal separate storm sewer system is prohibited except as described as follows:

1. Water line flushing or other potable water sources,

2. Landscape irrigation or lawn watering,

3. Diverted stream flows,

4. Rising groundwater,

5. Groundwater infiltration to storm drains,

6. Uncontaminated pumped groundwater,

7. Foundation or footing drains,

8. Crawl space pumps,

9. Air conditioning condensation,

10. Springs,

11. Natural riparian habitat or wetland flows,

12. Swimming pools (if dechlorinated - typically less than 1 ppm chlorine),

13. Firefighting activities, and

14. Any other uncontaminated water source.

15. Discharges specified in writing by the city of St. George as being necessary to protect public health and safety.

16. Dye testing is an allowable discharge if the city of St. George has so specified in writing.

17. The prohibition shall not apply to any nonstormwater discharge permitted under a UPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the state of Utah, division of water quality, 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 that written approval has been granted for any discharge to the storm drain system.


C. Prohibition Of Illicit Connections:

1. The construction, use, maintenance or continued existence of illicit connections to the separate municipal storm sewer system is prohibited.

2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.


D. Reduction Of Stormwater Pollutants By The Use Of Best Management Practices: Any person responsible for a property or premises, which is, or may be, the source of an illicit discharge, will be required to implement, at the person's expense, the BMPs necessary to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.


E. 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 which are resulting in, or may result in, illicit discharges or pollutants discharging into the city stormwater facilities, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, the person shall notify the city of St. George in person or by telephone no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city of St. George within three (3) business days of the telephone notice. If the discharge of prohibited materials 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 (3) years. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079580
9-14-7: ENFORCEMENT:linklink


A. Enforcement Authority: The city of St. George may issue notices of violation, stop work orders, citations, and impose civil penalties. The city may complete periodic inspections to ensure that the owner/operator's chosen BMPs used to address the site stormwater are performing adequately. If BMPs are not performing adequately, the city will have the owner/operator update the erosion and sediment control plan and the stormwater pollution prevention plan.


B. Notification Of Violation (NOV):

1. Written Notice: Whenever the city of St. George finds that any permittee or any other person discharging stormwater has violated or is violating this chapter or a permit or order issued hereunder, the city may serve upon such person written notice of the violation. Within three (3) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city of St. George. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation.

2. Consent Orders: The city of St. George is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to subsections B4 and B5 of this section.

3. Show Cause Hearing: The city may order any person who violates this chapter or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by mail.

4. Compliance Order: When the city finds that any person has violated or continues to violate this chapter or a permit or order issued hereunder, he may issue an order to the violator directing that, following a specific time period, adequate structures or devices be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices.

5. Cease And Desist Orders: When the city finds that any person has violated or continues to violate this chapter or any permit or order issued hereunder, the city may issue an order to cease and desist all such violations and direct those persons in noncompliance to:

a. Comply forthwith; or

b. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.


C. Conflicting Standards: Whenever there is a conflict between any standard contained in this chapter and in the city of St. George stormwater management program adopted by the city of St. George, the strictest standard shall prevail. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079581
9-14-8: PENALTIES:linklink


A. Violations: Any person who shall commit any act declared unlawful under this chapter, who violates any provision of this chapter, who violates the provisions of any permit issued pursuant to this chapter, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action as directed by the city of St. George, shall be guilty of a class B misdemeanor. Each day of violation shall constitute a separate violation.


B. Recovery Of Damages And Costs: The city of St. George may recover:

1. All damages caused by the violator to the city, which may include any reasonable expenses incurred in investigating violations of, and enforcing compliance with this chapter, or any other actual damages caused by the violation.

2. The costs of the city's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this chapter.


C. Other Remedies: The city may bring legal action to enjoin the continuing violation of this chapter, and the existence of any other remedy, at law or equity, shall be no defense to any such actions.


D. Remedies Cumulative: The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one or more of the remedies set forth herein has been sought or granted. (Ord. 2015-11-006, 11-19-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=60168#s1079582
9-14-9: APPEALS:linklink


A. Appeal: Any person aggrieved by the imposition of a civil penalty or damage assessment as provided by this chapter may appeal said penalty or damage assessment to the administrative code enforcement administrative law judge.


B. Appeals To Be In Writing: The appeal shall be in writing and filed with the city recorder within fifteen (15) days after the civil penalty or damage assessment is served.


C. Upon Receipt Of An Appeal: The administrative law judge shall hold a hearing upon receipt of an appeal. Notice shall be provided to the appealing party at the address provided by the appealing party at the time of appeal. The decision of the administrative law judge shall be final.


D. Appealing Decisions Of The Administrative Law Judge: Any alleged violator may appeal a decision of the administrative law judge pursuant to section 1-12B-6-1 of this code. (Ord. 2015-11-006, 11-19-2015)

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