2009-12-22_PWETC_AgendaPacket - Laserfiche WebLink

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Roseville Public Works, Environment and Transportation Commission Agenda Item Date: December 22, 2009 Item No: 5 Item Description: Proposed Illicit Discharge (Storm water) Ordinance Background: Our Storm Water Pollution Protection Plan (SWPPP) is required to include procedures to detect and remove illicit discharges and improper disposal into the MS4 to the maximum extent practicable within the City. Our current practice is two pronged. We inspect all of our storm sewer outfalls for evidence of illicit discharges and investigate reports of illicit discharges. During our investigations of reported discharges, we have discovered that our existing ordinances are not always clear enough to enforce in some situations. This ordinance is to address identified deficiencies within our existing ordinances to ensure that they adequately address the requirements of our SWPPP. Attached is the revised draft Storm Water Illicit Discharge and Connections ordinance. This draft has been updated since our last meeting to incorporate comments from the City Attorney, Commission and City Staff. Ordinances are law, by prohibiting something in an ordinance we are making it "illegal". One of the most important steps in drafting an ordinance is taking into consideration the enforceability of each section of that ordinance. Since the enforcement of this ordinance falls to the Public Works Department, staff has been discussing each individual section of the ordinance and asking critical questions about enforceability and "maximum extent practicable". It is not effective governance to make something illegal, and then be unable to enforce that law. Some of the sections/ topics that we would like to discuss further are listed below: ° Section F1: Under what circumstances will something "become'' a pollutant? ° Section H1: When is something a "potential" discharge? Is it a potential discharge if someone is painting their garage, with open can of paint on the driveway? How about washing windows over a patio? ° Section H2: If we make it illegal to wash personal vehicles and equipment on impervious surfaces, can bhow do we enforce it? ° Section H4: If we snake it illegal to wash down hard surfaces, how do we enforce it? ° Section H6(ii): Does this apply to someone simply changing oil in their driveway? Adding washer fluid? Recommended Action: Discuss Illicit Discharge Ordinance and provide staff with feedback. Attachments: Draft Stonn Water Illicit Discharge and Connections Ordinance