HomeMy WebLinkAboutOrdinance 2008.10 Amending title 25 of the land development code relating to the stormwater management ordinanceF. ANN RODRIGUEZ, RECORDER DOCKET: 13277
RECORDED BY: MRB
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DEPUTY RECORDER
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TOWN OF MARANA N \
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ATTN : TOWN CLERK `9RIZO~P
11555 W CIVIC CENTER DR MAIL
MARANA AZ 85653 AMOUNT PAID $ 8.00
MARANA ORDINANCE N0.2008.10
RELATING TO PUBLIC WORKS; AMENDING SECTIONS 25.01.02, 25.02.04 AND 25.02.05
OF THE MARANA STORMWATER MANAGEMENT ORDINANCE (MARANA LAND
DEVELOPMENT CODE TITLE 25) TO CONFORM TO NEW ARIZONA DEPARTMENT OF
ENVIRONMENTAL QUALITY REQUIREMENTS; AND ESTABLISHING AN EFFECTNE
DATE.
WHEREAS the Town of Marana is a regulated Phase II Small Municipal Separate Storm
Sewer System (MS4); and
WHEREAS the Town of Marana adopted the Marana Storm Water Management Ordinance
by the adoption of Marana Ordinance No. 2007.23 on September 18, 2007; and
WHEREAS on February 29, 2008, the Arizona Department of Environmental Quality issued
a new construction general permit regulating stormwater discharges from construction sites; and
WHEREAS the new construction general permit issued by the Arizona Department of Envi-
ronmental Quality requires the Town to make minor modifications to the Marana Stormwater Man-
agement Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma-
rang, Arizona, as follows:
Section 1. Section 25.01.02 ("Definitions") of the Marana Stormwater Management Ordi-
nance (Marana Land Development Code Title 25) is hereby revised by amending paragraph A.5
(defmition of "Common Plan of Development") and adding a new paragraph A.6 (defmition of
"Construction Activity") as follows (with deletions shown with ~s and additions shown with
double underlining); and re-numbering existing paragraphs A.6 through A.28 as A.7 through A.29
respectively:
5. Common Plan of Development:
J
,,;
isturbed. regardless of the size of anv of the individually-owned or developed
sites. ";~"
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f •f
6. onstruction Activity: includes clearing. grading. excavating. stockpiling o
fill material and other similar activities resulting in a land disturbance of at
least one acre. Construction activity also includes clearing. grading. stockpil-
at occurs in smaller areas ff Dart of a larger common plan of devel-
opment or sale that will ultimately disturb one or more acres. This definition
{00008415.DOC / 2} - 1 - 3/24/2008 5:16 PM FJC/cds
v\
Section 2. Section 25.02.04 ("Construction Sites") of the Marana Stormwater Management
Ordinance (Marana Land Development Code Title 25) is hereby revised as follows (with deletions
shown with st~eettts and additions shown with double underlininn):
25.02.04 Construction Sites
A. All persons engaged in construction activities who are required by Federal or
State law to submit to EPA and/or ADEQ a Notice of Intent (NOI) to comply with
an NPDES orAZPDES stormwater permit, shall provide the Town with copies of
the approved NOI, the site-specific stormwater pollution prevention plan
(SWPPP), and the AZPDES individual stormwater permit, if applicable, issued by
ADEQ.
peeaait: Construction activities that will disturb one acre or more of land area or
that are part of a larger common plan of development or sale are required to ap-
ply for a stormwater permit (40 CFR 122.26(B)(15)).
B. Any person performing construction that has submitted a copy of an approved
NOI to the Town of Marana shall not cause or contribute to a violation of the
AZPDES stormwater permit issued to the Town. Liability for any such discharge
shall remain the responsibility of the person causing or responsible for the dis-
charge.
Any person performing construction activity shall undertake Best Management
Practices to minimize or eliminate pollutants (including the discharge of sedi-
ments)from leaving the construction site, shall provide protection from accidental
discharge of other pollutants to the municipal storm sewer system, and comply
with the cleanup and notification requirements of this Title.
~_ a site operator shall ensure BMPs are properly selected. installed. and main-
perthe manufacturers' specifications and good enaineerina practices so
BMPs remain functional and effective.
E.. Site operator shall ensure effective erosion, sediment and waste control and
properly dispose of wastes, such as discarded building materials, concrete truck
washout material, chemicals, litter, sanitary waste and other pollutants at the con-
struction site that may cause adverse impacts to water quality. Such measures
shall include the requirements imposed by Federal, State, County and/or Local ~~~p
authorities.
EG. stormwater Pollution Prevention Plans shall be preparedf aed-reviewed~tld
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~~
implemented in accordance with the Arizona Pollutant Discharge Elimination Sys-
tem Construction General Permit issued by the Arizona Department of Environ- Ipi
i
mental Quality. The Town of Marana shall not certify or defend that the applicant ~w',
~
has met the requirements of the Federal Clean Water Act. n°;I
~D. In the case that a specific Best Management Practice is required by the Town ~~~,
,~,.
to prevent a pollutant from entering the municipal storm sewer system, the per-
son receiving the notice of such a requirement may petition the Town to recon-
siderthe application of the BMP to the premises or activity. The written petition
{00008415.DOC / 2} - 2 - 3/24/2008 5:16 PM FJC/cds
must be received within ten calendar days setting forth any reasons and pro-
posed alternatives. The Town will act within fourteen calendar days of the peti-
tion.
b.€. Basins with a retention component may be used as temporary sediment basins
during construction provided the following conditions are met:
1. Prior to acceptance, the basin shall be retested for percolation; and
2. Additional measures must be put in place to collect sediment priorto entry into
the basin, i.e. the basin must be part of a cascading sediment trapping sys-
tem.
. Upon achievement of final stabilization. the operator shall provide the Town of Ma-
rana with a coov of the NOT acknowledgement letter from ADEO.
,l~. Exemptions: The following discharges are exempt from the prohibitions set forth
in Section 25.02.03 for construction sites or activities:
1. Discharges from fire-fighting activities;
2. ;
Water used to control dust, provided e#laer~t-reclaimed water or other waste-
waters are not used;
~~. Routine external building wash down where detergents are not used;
4~. Pavement wash waters where spills or leaks of toxic or hazardous materials
have not occurred (unless all spilled material has been removed) and where
detergents are not used;
~. Uncontaminated air conditioning or compressor condensate;
~8. Uncontaminated ground water or spring water;
Z~9. Foundation orfooting drains where flows are not contaminated with process
materials such as solvents;
.$~. Fire hydrant flushing. potable water line or well flushing where the receiv-
ing waters are ephemeral;
~. Water used for compacting soil, provided e~aee~reclaimed water or other
wastewaters are not used;
14x-3. Water used for drilling and coring such as for evaluation of foundation ma-
terials}; where flows are not contaminated with additives; and
.L1~4. Uncontaminated ~AF~ater~ obtained from dewatering opera-
tions/foundations in preparation for and during excavation and construction.
Section 3. Section 25.02.05 ("Stormwater Pollution Prevention Plans (SWPPP)") of the Ma-
rana Stormwater Management Ordinance (Marana Land Development Code Title 25) is hereby
amended as follows:
a. Paragraphs A and D are modified by requiring three copies of the specified
documents, rather than two copies.
{00008415.DOC / 2} - 3 - 3/24/2008 5:16 PM FJC/cds
b. Paragraph A is modified by adding the words "each in athree-ring binder" after
the parenthetical statement "(both a narrative and engineering drawings)."
c. Paragraph C and the last sentence of paragraph E.3 are modified by deleting the
word "grading" and adding the words "for construction activity as defined in
Section 25.01.02 of this Title" at the end of the sentence (that is, after the word
"permit").
d. Paragraph H ("Routine Inspection Schedule") is modified by adding a new para-
graph 3 as follows: "If the site is temporarily stabilized, the operator may utilize
the reduced inspection frequency outlined in the AZPDES Construction General
Permit."
Section 4. The various town officers and employees are authorized and directed to perform
all acts necessary or desirable to give effect to this Ordinance.
Section 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or mo-
tions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective
as of the effective date of this Ordinance.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remaining portions hereof.
Section 7. This ordinance shall become effective on the 2°d day of May, 2008.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this ls` day of April, 2008.
~~~_
d Honea, Mayor
ATTEST:
elyn .Bronson, Town Clerk
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{00008415.DOC /} - 4 - 3/24/2008 5:16 PM FJC/cds
Q~Nn~ ~~ OFFICIAL RECORDS OF
' ~ a Z `~~
WHEN RECORDED, RETURN To: a ,~ .;5 n PINAL COUNTY RECORDER
TOWN OF MAP,.ANA `~,~_o'Ca LAURA DEAN-LYTLE
ATTN: TOWN CLERK ti~ • • •d~
11555 W CIVIC CENTER DRIVE
MARANA, ARIZONA 85653 DATE/TIME : 04/04/08 1101
FEE: $12.00
PAGES: 4
FEE NUMBER: 2008-031744
• MARANA ORDINANCE N0.2008.10
RELATING TO PUBLIC WORKS; AMENDING SECTIONS 25.01.02, 25.02.04 AND 25.02.05
OF THE MARANA STORMWATER MANAGEMENT ORDINANCE (MARANA LAND
DEVELOPMENT CODE TITLE 25) TO CONFORM TO NEW ARIZONA DEPARTMENT OF
ENVIRONMENTAL QUALITY REQUIREMENTS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS the Town of Marana is a regulated Phase II Small Municipal Separate Storm
Sewer System (MS4); and
WHEREAS the Town of Marana adopted the Marana Storm Water Management Ordinance
by the adoption of Marana Ordinance No. 2007.23 on September 18, 2007; and
WHEREAS on February 29, 2008, the Arizona Department of Environmental Quality issued
a new construction general permit regulating stormwater discharges from construction sites; and
WHEREAS the new construction general permit issued by the Arizona Department of Envi-
ronmental Quality requires the Town to make minor modifications to the Marana Stormwater Man-
agement Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Ma-
rana, Arizona, as follows:
Section 1. Section 25.01.02 ("Defmitions") of the Marana Stormwater Management Ordi-
nance (Marana Land Development Code Title 25) is hereby revised by amending paragraph A.5
(defmition of "Common Plan of Development") and adding a new paragraph A.6 (defmition of
"Construction Activity") as follows (with deletions shown with s~~eertts and additions shown with
double underlinins?l, and re-numbering existing paragraphs A.6 through A.28 as A.7 through A.29
respectively:
5. Common Plan of Development: a continuous area where multiole separate
and distinct construction activities may be taking place at dill _r nt tim Son
different schedules under one olan. The larger common elan of dev loam nt
e also coolies to other tune of land d velooment such as industria
narks or well fields. A Hermit is required if one or mgr acres of land will be
disturbed. regardless of the size of any of the individually-owned or develooed
sites.
•,
6. Construction Activity: includes clParina grading excavating.. stockoilina of
fi_II material and other similar activities resulting in a land di t ~rbanc of at
least one acre. Construction activity also includ clearing grading tockoil-
at occurs in smaller ar a if Hart of a lara r common plan ofd .vel-
9oment or sale that will ultimately disturb one or more acres This d finition
{00008415.DOC / 2} - 1 - 3/24/2008 5:16 PM FJC/cds
Section 2. Section 25.02.04 ("Construction Sites") of the Marana Stormwater Management
Ordinance (Marana Land Development Code Title 25) is hereby revised as follows (with deletions
shown with ~s and additions shown with double underlinins?):
25.02.04 Construction Sites
A. All persons engaged in construction activities who are required by Federal or
State law to submit to EPA and/or ADEQ a Notice of Intent (NOI) to comply with
an NPDES or AZPDES stormwater permit, shall provide the Town with copies of
the approved NOI, the site-specific stormwater pollution prevention plan
(SWPPP), and the AZPDES individual stormwater permit, if applicable, issued by
ADEQ.
Construction activities that will disturb one acre or more of land area or
that are part of a larger common plan of development or sale are required to ap-
ply for a stormwater permit (40 CFR 122.26(8)(15)).
B. Any person performing construction that has submitted a copy of an approved
NOI to the Town of Marana shall not cause or contribute to a violation of the
AZPDES stormwater permit issued to the Town. Liability for any such discharge
shall remain the responsibility of the person causing or responsible for the dis-
charge.
Any person performing construction activity shall undertake Best Management
Practices to minimize or eliminate pollutants (including the discharge of sedi-
ments)from leaving the construction site, shall provide protection from accidental
discharge of other pollutants to the municipal storm sewer system, and comply
with the cleanup and notification requirements of this Title.
1Z,: The site operator shall ensure BMPs~re~rol~erly selected. installed. and main-
E.. Site operator shall ensure effective erosion, sediment and waste control and
properly dispose of wastes, such as discarded building materials, concrete truck
washout material, chemicals, litter, sanitary waste and other pollutants at the con-
struction site that may cause adverse impacts to water quality. Such measures
shall include the requirements imposed by Federal, State, County and/or Local
authorities.
E6. Stormwater Pollution Prevention Plans shall be preparedt aad-reviewed d
imelemented in accordance with the Arizona Pollutant Discharge Elimination Sys-
tem Construction General Permit issued by the Arizona Department of Environ-
mental Quality. The Town of Marana shall not certify or defend that the applicant
has met the requirements of the Federal Clean Water Act.
S_zD. In the case that a specific Best Management Practice is required by the Town
to prevent a pollutant from entering the municipal storm sewer system, the per-
son receiving the notice of such a requirement may petition the Town to recon-
siderthe application of the BMP to the premises or activity. The written petition
{00008415.DOC / 2} - 2 - 3/24/2008 5:16 PM FJC/cds
must be received within ten calendar days setting forth any reasons and pro-
posed alternatives. The Town will act within fourteen calendar days of the peti-
tion.
1~.€. Basins with a retention component may be used as temporary sediment basins
during construction provided the following conditions are met:
1. Prior to acceptance, the basin shall be retested for percolation; and
2. Additional measures must be put in place to collect sediment prior to entry into
the basin, i.e. the basin must be part of a cascading sediment trapping sys-
tem.
. Upon achievement of final stabilization. the operator shall provide the Town of Ma-
rana with a copv of the NOT acknowledgement letter from ADEQ.
,1~. Exemptions: The following discharges are exempt from the prohibitions set forth
in Section 25.02.03 for consilucfiion sites or activities:
1. Discharges from fire-fighting activities;
2. ,
4-Water used to control dust, provided e#laer~t-reclaimed water or other waste-
waters are not used;
~~. Routine external building wash down where detergents are not used;
4~. Pavement wash wafers where spills or leaks of toxic or hazardous materials
have not occurred (unless all spilled material has been removed) and where
detergents are not used;
~. Uncontaminated air conditioning or compressor condensate;
S9. Uncontaminated ground water or spring water;
Z~-9. Foundation or footing drains where flows are not contaminated with process
materials such as solvents;
$~. ire hydrant flushing. F~~otable water line or well flushing where the receiv-
ing waters are ephemeral;
~. Water used for compacting soil, provided ef#laer-~reclaimed water or ether
wastewaters are not used;
1Qa-3. Water used for drilling and coring such as for evaluation of foundation ma-
terials}; where flows are not contaminated with additives; and
.L1~4. Uncontaminated aAF~cater~ obtained from dewatering opera-
tions/foundations in preparation for and during excavation and construction.
Section 3. Section 25.02.05 ("Stormwater Pollution Prevention Plans (SWPPP)") of the Ma-
rana Stormwater Management Ordinance (Marana Land Development Code Title 25) is hereby
amended as follows:
a. Paragraphs A and D are modified by requiring three copies of the specified
documents, rather than two copies.
{00008415.DOC / 2} - 3 - 3/24/2008 5:16 PM FJC/cds
b. Paragraph A is modified by adding the words "each in a three-ring binder" after
the parenthetical statement "(both a narrative and engineering drawings)."
c. Paragraph C and the last sentence of paragraph E.3 are modified by deleting the
word "grading" and adding the words "for construction activity as defined in
Section 25.01.02 of this Title" at the end of the sentence (that is, after the word
"permit").
d. Paragraph H ("Routine Inspection Schedule") is modified by adding a new pars-
graph 3 as follows: "If the site is temporarily stabilized, the operator may utilize
the reduced inspection frequency outlined in the AZPDES Construction General
Permit."
Section 4. The various town officers and employees are authorized and directed to perform
all acts. necessary or desirable to give effect to this Ordinance.
Section 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or mo-
tions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective
as of the effective date of this Ordinance.
Section 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the remaining portions hereof.
Section 7. This ordinance shall become effective on the 2°d day of May, 2008.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 1S` day of April, 2008.
ATTEST:
yn Bronson, Town Clerk
{00008415.DOC /} - 4 - 3/24/2008 5:16 PM FJC/cds
Honea, Mayor