The City of Caldwell has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Caldwell is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Caldwell will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Caldwell, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Caldwell has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Excerpts from the City of Caldwell Municipal Code
10-07-13: LANDSCAPING IN STORMWATER AREAS:
All stormwater areas shall be landscaped with landscaping materials suitable to the type of stormwater facility. Said landscaping shall not interfere with the operation or maintenance of any stormwater devices. (Ord. 2755, 9-22-2008)
Article 1 Stormwater Management and Discharge Control
13-01-03: DISCHARGE REGULATIONS AND REQUIREMENTS:
Any illicit discharge to any storm drain, including both the MS4 and private storm drains, is a violation of this article unless exempted by provisions of subsections (6) and/or (7) of this section.
General Requirements And Prohibitions:
Any person engaged in activities which will or may result in pollutants entering a storm drain shall undertake reasonable measures to reduce such pollutants. Examples of such activities include, but are not limited to: improper application, over use, and disposal of herbicides, pesticides, and fertilizers; activities related to automobile businesses including service stations, automobile dealerships, car washes, and body shops; and light industrial facilities which may be a source of pollutants.
No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structures, parking area, or upon any public or private plot of land so that the same might be or become a pollutant.
No person shall cause or permit any dumpster, solid waste bin, or similar container to leak such that any pollutant is discharged into any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place, or upon any public or private plot of land in the city.
The occupant or tenant, the owner, lessee, or proprietor of any real property in the city where there is located a paved sidewalk or parking area shall maintain said paved surface free of dirt or litter to the extent reasonable and practicable and provide an adequate means for the disposal of refuse, rubbish, garbage, or other articles so as to prevent such matter from entering a storm drain. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained on said real property.
No person shall throw or deposit any pollutant in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the city, except as otherwise permitted under local, state or federal law.
Illicit Connections: It is prohibited to establish, use, maintain or continue illicit drainage connections to the MS4, or to commence or continue any illicit discharges to the MS4.
Parking Lots And Similar Structures:
Persons owning or operating a paved parking lot, gas station pavement, paved private street or road, or similar structure or conducting routine building wash downs, shall clean and maintain those structures consistent with the Caldwell nonstormwaterdisposal best management practices prior to discharging to a storm drain.
All water from nonstormwater sources or incidental stormwater sources (i.e., blown through openings and windows or transported on vehicles) that enter newly developed or significantly redeveloped covered parking garages are to be directed to the sanitary sewer disposal system unless that alternative is not reasonably feasible. Newly developed or significantly redeveloped covered permanent parking garages may drain into a storm drain when no feasible alternative is available, with the consent of the owner and operator and in accordance to this article and other city ordinances. The owner and operator of a storm drain may impose requirements including the construction of control structures to ensure the pretreatment of such discharges prior to entry into the storm drain. All water from direct stormwater sources that enter uncovered parking garages is to go to a stormwater disposal system in accordance with section 13-01-05 of this article.
13-01-05: STORMWATER MANAGEMENT PLANS AND COMPREHENSIVE DRAINAGE PLANS:
Maintenance Of Stormwater Facilities:
Stormwater facilities shall be maintained by the owner or other responsible party and, when there is a potential to discharge stormwater, shall be repaired and/or replaced by such person when such facilities are no longer functioning as designed.
Disposal of waste from maintenance of facilities shall be conducted in accordance with applicable federal, state and local laws and regulations.
Records of installation and maintenance and repair shall be retained by the owner or other responsible party for a period of five (5) years and shall be made available to the city public works department upon request.
Any failure to maintain facilities or correct problems with facilities after receiving due notice from the city may result in criminal or civil penalties and the city may perform corrective or maintenance work which shall be at the owner's expense. (Ord. 2884, 12-5-2011)
13-01-07: INSPECTION AND ENFORCEMENT:
Stormwater systems shall be inspected by the city public works department during and after construction to assure consistency with the approved stormwater management plan.
All stormwater systems shall be subject to the authority of the on site detention inspection program of the city public works department to ensure compliance with this article and may be inspected when deemed necessary.
The owner or other responsible party shall make annual inspections of the facilities and maintain records of such inspections for a period of five (5) years.
Whenever necessary to make an inspection to enforce any of the provisions of this article, or whenever an authorized enforcement agent has reasonable cause to believe that there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this article, the agent may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the agent by this article; provided that: 1) if such building or premises is occupied, he or she first shall present proper credentials and request entry; and 2) if such building or premises is unoccupied, he or she first shall make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
The property owner or occupant has the right to refuse entry but, in the event such entry is refused, the agent is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry and performing such inspection.
Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this article, including, but not limited to, random sampling and/or sampling in areas with evidence of stormwater pollution, illicit discharges, or similar factors.
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