ARTICLE IV. STORMWATER QUALITY PROTECTION*
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*Editor's note: Ord. No. 2000-27(9), §§ 1--1.9, adopted April 1, 2000, did not specifically amend this Code. Hence, the provisions of said ordinance was included as §§ 122-301--122-309 at the discretion of the editor to read as herein set out. See the Code Comparative Table.

Sec. 122-301. General powers and purpose.

(a) The director of the department of public works or his designee may regulate the use, grading, paving, maintenance, and operation of public rights-of-way and public storm drain systems so as to reduce, to the maximum extent practicable, the addition of pollutants to stormwater in quantities or concentrations that could reasonably be expected to cause or contribute to either a violation of an applicable water quality standard or any condition of a stormwater national pollutant discharge elimination system (NPDES) permit issued to the city; or any other act that causes or contributes to damage to a public storm drain system. The director of the department of public works or his designee may regulate the use of public storm drain systems through permits or written approvals for activities that could release pollutants or stormwater to a public storm drain system.

(b) Nothing in this article shall be construed as an assumption by the City of Jackson of any other person's duties or responsibilities arising under any applicable law, including the common law. Nothing in this article shall be construed to create any right or cause of action vested in any person or entity other than the City of Jackson.

(Ord. No. 2000-27(9), § 0.1, 4-1-00)

Sec. 122-302. Definitions.

As used in this article, the following terms shall have the designated meanings:

Applicable water quality standard means a numeric or narrative water quality criterion established by the State of Mississippi or the United States of America that limits the quantity or concentrations of pollutants that may be present in waters of the state.

Nonresidential user means any real property that is actually or intended to be used for commercial, industrial, agricultural, recreational purposes, or not as a single-family dwelling residential purpose.

Residential user means any real property that is actually or intended to be used for a single-family dwelling residential purpose.

NPDES permit means an authorization to discharge pollutants issued pursuant to Section 1342 of Title 33 of the United States Code.

Pollutant means solid, liquid, gaseous, or other substances that can alter the chemical or physical properties of water, including, but not limited to the following: Fluids, solid wastes, pesticides, herbicides, fertilizers, solvents, sludge, petroleum and petroleum products, biological materials, radioactive materials, sand, dirt, animal wastes, cements, acids and bases.

Pollution means the presence of pollutants on land or in water.

Public storm drain system means all or any part of the storm drains, basins, ditches, pipes, graded areas, and gutters located within publicly owned easements, public rights-of-way, public parks, streets, roads, or highways, or in common areas of real property leased from the city, that are used for collecting or conveying stormwater.

Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, placing, leaching, dumping, or disposing into or on any land in a manner that significant materials, pollutants, or stormwater come to be located in a public storm drain system.

Significant materials means any solid, liquid, or gaseous substance other than stormwater, that can release pollutants, including, but not limited to the following: Raw materials, fuels, solvents, detergents, finished materials, hazardous substances designated under Section 101(4) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601(14); any chemical for which a report must be filed pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. § 11023; fertilizers, pesticides, herbicides, and waste materials, including garbage, trash, ashes, slag, yard waste, animal waste, and sludge.

Stormwater means stormwater runoff, snow melt runoff, and surface runoff and drainage.

Waters of the state means all waters within the jurisdiction of this state, including all streams, lakes, ponds, wetlands, impounding reservoirs, marshes, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, situated wholly or partly within or bordering upon the State of Mississippi, except lakes, ponds, or other surface waters which are wholly landlocked and privately owned, and which are not regulated under the Federal Clean Water Act.

(Ord. No. 2000-27(9), § 1.2, 4-1-00)

Sec. 122-303. Declaration of nuisance.

It is hereby declared to be a public nuisance for any person to directly or indirectly release significant materials, pollutants, or stormwater, without proper authorization from the director of the department of public works or his designee, in quantities, rates, or concentrations that may reasonably be expected to cause or contribute to any of the following: Damage to a public right-of-way or public storm drain system; a violation of any applicable water quality standard; or a violation of the stormwater NPDES permit for the city.

(Ord. No. 2000-27(9), § 1.3, 4-1-00)

Sec. 122-304. Prohibited practices.

(a) It shall be unlawful for any person to use, store, treat or dispose of stormwater, pollutants, or significant materials in a manner that creates a public nuisance as defined in section 122-303 of this article.

(b) It shall be unlawful for any person to release to a publicly owned right-of-way or public storm drain system any substance that is not composed entirely of stormwater except: (i) releases pursuant to a NPDES permit, (ii) releases resulting from fire fighting and street maintenance activities, and (iii) releases of materials as provided in paragraphs (e) or (f) of this section.

(c) It shall be unlawful to use, store, spill, dump, or dispose of significant materials in a manner that could reasonably be expected to cause or contribute to the addition of pollutants to a public storm drain system.

(d) It shall be unlawful for any person to, without good cause, interfere with or prohibit any city employee or his designee from conducting any activities in furtherance of the requirements of this article, including conducting inspections and taking samples.

(e) This section does not prohibit releases of stormwater from stormwater retention or detention basins if a permit is first obtained from the director of the department of public works or his designee. A person seeking such a permit shall demonstrate that the releases are not reasonably expected to cause or contribute to a public nuisance as defined in section 122-303 of this article.

(f) This section does not prohibit releases from the following: Fire hydrant flushing; potable water systems, including water line flushing; foundation or footing drains that are not contaminated by pollutants; naturally occurring seeps, springs, wetlands, or riparian areas; nonagricultural irrigation water; crawl spaces (sump pumps); de-chlorinated swimming pool discharges; vehicle washing for no charge in residential areas, or for not-for-profit fund raisers for educational or public service groups; residential evaporative coolers; air conditioning condensate; and dust control watering.

(Ord. No. 2000-27(9), § 1.4, 4-1-00)

Sec. 122-305. Stormwater management plans for nonresidential users.

(a) Any nonresidential user applying pursuant to any chapter of the City of Jackson Code of Ordinances for authorization, permission, or a permit to construct improvements or conduct other activities on real property that may disturb the ground on their real property, as part of their application for authorization, permission or a permit, shall prepare a detailed, written stormwater management plan for the management of the volume, velocity, and quality of stormwater that has the reasonable potential to be released off-site. Stormwater management plans shall apply to all contiguous land under common ownership or control, and shall specifically state the address of each parcel of property subject to the plan. The plan shall include:

(1) A description of the types of all significant materials that will be on the property;

(2) The land use and materials management practices that could lead to the pollution of stormwater during all phases of existing and proposed land use;

(3) The manner in which significant materials will be used, stored, treated or disposed of;

(4) The methods to minimize, to the maximum extent practicable, the pollution of stormwater; and

(5) Any additional information concerning stormwater management and pollution prevention efforts that are required by state or federal regulatory agencies The stormwater management plan shall be provided to the director of the department of public works or his designee.

(b) A stormwater management plan may cover more than one parcel of property so long as the activities are sufficiently similar that the plan is appropriate. Stormwater management plans need not be resubmitted where any new permits to construct improvements or conduct other activities on real property relate to activities that will not materially change a previously approved stormwater management plan.

(c) Permits, approvals or other authorizations to construct improvements to real property or conduct other activities on real property shall not be issued to nonresidential users pursuant to the City of Jackson Code of Ordinances until the director of the department of public works or his designee has on file an applicable stormwater management plan approved by the director or his designee. Any permits, approvals or other authorizations shall be granted upon the condition that, and be revocable if the permittee fails, at all times, to manage materials in conformity with the stormwater management plan, or if the permittee is responsible for violations of this article. Nonresidential users shall update their stormwater management plan if activities at the affected property are modified in a manner that may cause an increase in the volume, rates, or quality of stormwater released off-site.

(d) Stormwater management plans shall include:

(1) Practicable measures for managing litter;

(2) Practicable measures for managing the use, storage, treatment, and disposal of significant materials;

(3) Practicable measures for managing the use and disposal of pesticides and herbicides;

(4) Practicable measures for reducing the rate of releases to a public storm drain system;

(5) The use of landscape features to reduce the quantity and rate of releases to a public storm drain system;

(6) The use of landscape features to reduce the quantity and rate of stormwater that may be released off-site;

(7) Maintenance of retention basins and other stormwater management devices;

(8) Maintenance and cleaning of parking lots and buildings; and

(9) Ensuring that significant materials are not exposed to direct contact with stormwater.

(e) Drainage calculations shall be submitted analyzing stormwater runoff before and after proposed development. The stormwater rates from the completed construction improvements shall not exceed the pre-construction runoff rates plus one cubic foot per second (cfs). However, if postconstruction runoff exceeds these rates, sufficient detention storage shall be provided to limit project area stormwater runoff to the pre-construction runoff rates.

(f) Stormwater management plan measures shall be designed to control runoff from a 100-year, 24-hour storm occurrence, including all on-site and off-site runoff contributions.

(g) As part of the stormwater management plan, an erosion and sediment control plan shall be required prior to any grading or other earthwork which affects a land area larger than 2,000 square feet, but less than five acres. In the case where the development exceeds five acres, a water pollution control stormwater construction general permit from the Mississippi Department of Environmental Quality shall be required. A copy of the approved permit shall be submitted to the department of public works prior to construction.

(1) The location and types of erosion and sediment control measures shall be graphically indicated on the plans. The plans shall provide sufficient details to assure proper installation and maintenance of these measures during project construction. The maintenance plan shall include the following or a similar note: Care shall be taken to minimize the encroachment of sediment into all storm drain appurtenances, public streets, and on to private property until impervious material (road/parking area surface) is applied or until proposed landscape has been established.

(2) All erosion and sediment control measures shall comply with or be equivalent to the methods outlined in "Planning and Design Manual for the Control of Erosion, Sediment and Stormwater," available through the Mississippi Department of Environmental Quality.

(Ord. No. 2000-27(9), § 1.5, 4-1-00)

Sec. 122-306. Stormwater management plans for residential users.

Applications by a residential user for a building permit shall include a stormwater management plan. The stormwater management plan shall:

(1) Address the erosion and sediment control measures necessary to protect adjacent properties on the map of the residential property. These measures shall be graphically identified on the plans and shall include sufficient details to assure proper installation and maintenance during project construction. The maintenance plan shall include the following or a similar note: Care shall be taken to minimize the encroachment of sediment into all storm drain appurtenances, public streets, and on to private property until impervious material (road/parking area surface) is applied or until proposed landscape has been established.

(2) Identify the postconstruction drainage patterns for the lot or parcel. Where swales are used, the map shall indicate the direction of flow of stormwater.

In addition to the stormwater management plan, the site plan shall identify and denote existing select spot elevations within the property lines of the lot or parcel and identify the finished floor elevation of the proposed structure.

(Ord. No. 2000-27(9), § 1.6, 4-1-00)

Sec. 122-307. Inspections.

(a) The director of the department of public works or his designee is authorized to enter upon and inspect real property, structures, and buildings as necessary to assess compliance with this article or a stormwater NPDES permit issued to the city.

(b) Inspections conducted pursuant to this article may include items covered by other chapters of the City of Jackson Code of Ordinances that relate to the quality or management of stormwater.

(Ord. No. 2000-27(9), § 1.7, 4-1-00)

Sec. 122-308. Violations and penalties.

(a) The remedies specified herein are cumulative and the director of the department of public works or his designee, or the city attorney, may proceed under these or other remedies authorized by law. The director of the department of public works or his designee may issue an order to any property owner, his agent or contractor to immediately stop any construction where the construction activity or the construction project as designed or implemented violates any provision of this article. In addition, a violation of any provisions of this article shall be a misdemeanor punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding 90 days, or both for each offense. Each day of violation shall be a separate offense.

(b) Any person having control over an activity or any real property, or who causes, authorizes, facilitates, aids or abets any violation of any provision of this article, or who fails to abate any nuisance or prohibited practices for which the person is responsible, is guilty of a misdemeanor punishable by a fine not exceeding $1,000.00 or imprisonment not exceeding 90 days, or both for each offense. Each day of violation shall be a separate offense.

(c) The director of public works or his designee may issue a notice of violation to any person who has violated or is in violation of this article. Failure to perform any act required in the notice of violation shall be a separate violation for each day beyond the tenth calendar day following the issuance of the notice of violation.

(d) The transfer of ownership, possession, or control of real property to another person does not relieve the transferor of responsibility for violations of this article, as provided in paragraph (b) of this section, that occurred before the transfer.

(e) A person who violates this article is subject to a civil action brought by the City of Jackson in any court of competent jurisdiction.

(f) The owner of record of the property upon which a violation of this article occurs shall be presumed to be a person having lawful control over an activity or real property, unless it is demonstrated that another person has knowingly and in good faith accepted responsibility for the activity or property at issue. If more than one person is identified as the owner of record, such persons shall be presumed to be jointly and severally in lawful possession and control of the activity or land.

(Ord. No. 2000-27(9), § 1.8, 4-1-00)

Sec. 122-309. Effective date.

This article shall be effective 30 days after its approval.

(Ord. No. 2000-27(9), § 1.9, 4-1-00)

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