The City of Salem 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 Salem 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 Salem will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Salem, 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 Salem has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
1.4 – Responsibility for Operations and Maintenance
Operation and maintenance of public stormwater facilities is the responsibility of the City of Salem. Operation and maintenance of private stormwater facilities is the responsibility of persons owning, operating, or occupying the property. Under certain conditions, the City of Salem will assume responsibility for operating and maintaining a stormwater facility; however, until the transfer of these responsibilities to the City is completed and acknowledged by all parties, operation and maintenance remains the responsibility of the person owning, operating, or occupying the property. Public improvement projects and private development that propose to construct facilities that will ultimately be operated and maintained by the City shall be designed, constructed, operated, and maintained in compliance with Salem Revised Code Chapter 71, the Public Works Design Standards, and this rule. The City will assume responsibility for operating and maintaining stormwater facilities only after the design and construction requirements have been fully met as determined by the City through submitted documentation and on-site inspection. The City may require remedies to unsatisfactory design, construction, or maintenance activities as a condition of the City’s assuming responsibility for the facility. After final approval and acceptance of a facility, the City shall assume maintenance activities.
1.5 – Maintenance of Private Stormwater Facilities
(a) Operating and Maintaining Private Stormwater Facilities.
Persons responsible for operating and maintaining a private stormwater facility are required to:
(1) Periodically inspect the stormwater facility to ensure the facility is in proper operation for effective pollutant removal, infiltration, and/or flow control;
(2) Maintain a record of the construction of, and all inspection, maintenance, and repair activities to, the stormwater facility; and
(3) Make plans, records, procedures, and schedules of maintenance available to the Director during inspection of the stormwater facility, and at other reasonable times upon request of the Director; and
(4) If a change of ownership occurs, transfer all records of installation, inspection, repair, and maintenance of the stormwater facility to the new property owner; and (5) Inform future purchasers and other successors and assignees of:
(i) The existence of the stormwater facility; and
(ii) The requirements for continued inspection and maintenance of the stormwater facility.
(b) Private Stormwater Facility Agreement.
A Private Stormwater Facility Agreement is required for any development that includes the construction of a stormwater facility that will be privately operated and maintained. The agreement will be submitted as part of the development permit application process. At a minimum, the agreement will:
(1) Provide the property address and contact information for the property owner;
(2) Document the number, types, and locations of facilities;
(3) Establish the responsibility of the owner to inspect, operate, and maintain facilities in accordance with approved standards;
(4) Identify the maintenance and operating standards and activities that will be implemented to ensure long-term functioning of the stormwater facilities;
(5) Grant the City access for the purpose of inspecting facilities and, in the event any deficiencies are not corrected in a timely manner by the owner, for the purpose of correcting deficiencies; and
(6) Grant the City access if the City has reasonably determined that emergency measures are necessary to remedy a threat to public health, safety, or welfare caused by facilities.
The Private Stormwater Facility Agreement is provided in Appendix A. A copy of the signed and notarized agreement will be maintained on file by the Public Works Director.
In December 2010, City Council approved creation of a stormwater utility and implementation of a separate stormwater rate that more equitably relates the stormwater fees to the stormwater services received. The stormwater utility does not provide a new source of revenue, but represents a more fair way of recovering the costs for stormwater services, services that are already being provided by the City.
The ordinance establishing the creation of a stormwater utility delayed initial implementation until January 1, 2013. When implemented, the stormwater fee was phased in over four rate cycles, which took a total of three years to complete. Since 2016 we are at full implementation of the stormwater fee.
The stormwater collection system that must be maintained consists of more than:
Salem’s stormwater programs include a variety of activities and projects, such as:
Stormwater Utility Credit
Commercial and industrial stormwater customers may be eligible to receive stormwater credits. Single-family residential ratepayers are not eligible for a rate credit.
Who is eligible
Eligibility requirments include:
Types of stormwater facilities:
How much of a credit can ratepayers receive
Stormwater credts are based on the following:
Credit amounts vary from approximately 3 to 50 percent.
Application process
If you are interested in requesting a reduction in your stormwater rate, you need to complete a Stormwater Utility Credit Application and sign an access agreement.
Completed application packages should be mailed to Development Services in the Public Works Department.
City staff will generally contact you within two weeks of receiving the request for stormwater rate reduction to confirm eligibility or to request any additional information.