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§ 15-1 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-2 Chapter 15 STORMWATER RUNOFF CONTROL (Ord 2025-06, 05/19/2025) STORMWATER REGULATIONS Sec. 15-1: Purpose and Intent Sec. 15-2: Definitions Sec. 15-3: Applicability Sec. 15-4: Administration Sec. 15-5: Illicit Discharges Sec. 15-6: Erosion and Sediment Control & Stormwater Pollution Prevention Sec. 15-7: Stormwater Runoff Control Required Sec. 15-8: Stormwater Division Created Sec. 15-9: Stormwater Division Administration Sec. 15-10: Policies and Procedures Sec. 15-11: Stormwater User Fee Sec. 15-12: Billing and Enforcing Payment of Stormwater User Fees Sec. 15-13: Stormwater Fund and Expenditures Sec. 15-14: Enforcement, Inspections, and Investigations Sec. 15-15: Penalties Sec. 15-16: Liability for Injury or Damage Sec. 15-17: Severability Sec. 15-1. Purpose and Intent. The purpose of this Chapter is to regulate the City’s, Municipal Separate Storm Sewer System also known as the Stormwater Control System, including preventing the introduction of pollutants that would adversely impact surface and groundwater quality of the State of Idaho; the regulation of land disturbing and development activities which may impact the MS4; the management of the post-construction volume and quality of water entering the MS4; and the development, implementation, and maintenance of written escalating enforcement response policies (ERP) in order to comply with the requirements of the City’s National Pollutant Discharge Elimination System (“NPDES”) Permit. Premises that do not discharge water or pollutants into the City’s MS4 or waters of the State, neither directly nor indirectly, do not fall under the purview of this Chapter. The intent of this Chapter is to: A. Control the introduction of pollutants to the Stormwater Control System by any person and entity. B. Prohibit illicit connections and discharges to the Stormwater Control System and receiving waters. C. Require erosion controls, sediment controls, and waste materials management controls to be used and maintained at construction sites from initial clearing through final site stabilization. D. Require the installation and long-term maintenance of permanent stormwater controls at new development and redevelopment project sites that discharge into the MS4. E. To establish and maintain a system of stormwater user fees and a City Stormwater Division to operate and maintain the City's Stormwater Control System and to manage stormwater and drainage issues within the City. F. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this Chapter. (Add. Ord 2025-06, 05/19/2025) Sec. 15-2. Definitions. For purposes of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. The words “shall” and “will” are always mandatory. Words not defined in this Section shall have their common and ordinary meaning. 1. Accelerated Erosion. Erosion induced by human activity, which exceeds natural (geologic) erosion rates. ---PAGE BREAK--- § 15-2 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-2 2. Best Management Practices (BMPs). The schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by the City that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to receiving waters. 3. City of Moscow Stormwater Best Management Practices (BMP) Handbook. Document approved by the City containing requirements, guidelines, suggested practices, and techniques which are related to erosion and sediment control. 4. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), and any subsequent amendments thereto. 5. Developer. A person who undertakes to improve a lot, tract, or parcel of land for the purpose of transfer of ownership of the property or for the purpose of residential, commercial, and/or industrial development. 6. Ground Water. Water in a saturated zone or stratum beneath the surface of the land or below a surface water body. 7. Impervious Surface. A surface with a runoff coefficient (as used in the Rational Method for estimating stormwater runoff) equal to or greater than 0.60. 8. Erosion. The wearing away of the ground surface as a result of the movement of wind, water, or ice. 9. Erosion and Sediment Control (ESC) Plan. The document and plan of action approved by the City and prepared in accordance with the Moscow Stormwater Best Management Practices Handbook, pursuant to which erosion and sediment control must be implemented and executed by the holder of a City of Moscow issued Grading Permit or Building Permit, the designated responsible party, or the permit holder’s contractor(s), subcontractor(s), agents and representatives. 10. Erosion and Sediment Control Best Management Practice (BMP). An activity, device, structure, or land treatment reasonably designed to minimize erosion potential by protecting in-place soil from being dislodged and mobilized, and those designed to inhibit the transport of sediment by inducing conditions to trap, settle, or otherwise remove sediment from surface water runoff or other media which could transport sediment. 11. Grading. Any excavating or filling, or combination thereof, of soil, dirt, rock, or similar materials. 12. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, radioactive, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. 13. Illicit Connection. Any drain, conveyance, or hydraulic connection, whether surface or subsurface, which allows an illegal discharge to enter the Stormwater Control System including, but not limited to, any conveyances which allow sewage or processed wastewater to enter the Stormwater Control System and any connections to the Stormwater Control System from indoor drains and sinks, regardless of whether the connection had been previously allowed, permitted, or approved by the City or other authorized public agency. ---PAGE BREAK--- § 15-2 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-2 14. Illicit Discharge. Any direct or indirect non-stormwater discharge to the MS4 or Waters of the State prohibited under this chapter. 15. Impervious Surface. Material which resists or blocks the passage of water into soils as would occur under natural conditions. Examples include but are not limited to, rooftops, roads, alleys, parking lots, sidewalks, patios, decks, and swimming pools. 16. Municipal Separate Storm Sewer System (MS4) or Stormwater Control System. The City maintained system of ditches, channels, swales, culverts, basins, treatment systems, gutters, inlets, catch basins, storm pipes, outfalls, ponds, creeks, rivers, wetlands, and any other appurtenances necessary, useful or convenient for the orderly collection, conveyance, treatment, and disposal of municipal stormwater runoff. 17. National Pollutant Discharge Elimination System (NPDES) Phase II MS4 Permit. The “Idaho Department of Environmental Quality administered Phase II Municipal Stormwater Permit” issued by the U.S. Environmental Protection Agency to the City with an effective date of October 1, 2019, and subsequent reissues. 18. Non-Residential Development. Improvement of property which is developed for any purpose other than residential development, including institutional, commercial, industrial, and multiple family tracts of land, platted or otherwise. 19. Non-Stormwater Discharge. Any discharge to the Stormwater Control System that is not composed entirely of stormwater. 20. Parking Area(s). A site or portion of a site unoccupied by buildings, the surface of which is prepared for and is used, or is intended to be used, primarily for the parking or storage of motor vehicles. 21. Parking Lot(s). Parking Lots and Garages (NAICS 812930). Establishments primarily engaged in providing parking space for motor vehicles, usually on an hourly, daily, or basis and/or valet parking services. For the purposes of this Chapter, a parking lot is an off-street parking facility designed for more than four parking spaces. 22. Permit Holder. A Responsible Party that has been issued a City of Moscow Grading or Building Permit. Pollutant or Pollution. Any contamination or other alteration of the physical, chemical, or biological properties of any of the waters of the State including changes in temperature, taste, color, turbidity, or odor of the waters. Pollutant is also a discharge of any liquid, gaseous, solid, radioactive, or other substance into any waters of the State that will or is likely to create a nuisance or render such waters harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life. 23. Pollution Prevention Plan. A document which describes the best management practices and activities to be implemented by a responsible party to identify sources of pollution or contamination at a premises and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 24. Pre-Development. Condition of the property prior to improvements. 25. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including ---PAGE BREAK--- § 15-2 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-2 adjacent sidewalks and parking areas. 26. Post-Development. Condition of the property after proposed improvements have been installed on the property. 27. Rational Method. A formula used for calculating peak discharge rates for basins up to 200 acres. 28. Residential Development. A subdivision, or that portion of a subdivision, containing only single family or two family dwellings. 29. Responsible Party. Any person, group of persons, association, firm, partnership, corporation, governmental agency, municipality, or contractor(s) granted a Grading Permit or Building Permit by the City, or a person or company designated by the Grading Permit or Building Permit holder. The party responsible shall ensure compliance with this Chapter. 30. Routine Maintenance or Alterations. Practices conducted on a regular, periodic basis to maintain the integrity of transportation routes, rights-of-way, easements, public works, and the like. 31. Sediment. Soil particles which may be transported by water, wind, or other mechanical means. 32. Site Disturbance. The act of destroying and/or removing vegetation and/or breaking the ground surface so as to expose bare soil, creating the potential to induce accelerated erosion. 33. Storm Drain Inlets or Catch Basins. Inlets or grates located along City streets and easements, or on private property, which receiving surface water runoff and pass it into the public storm water control system. 34. Stormwater. Surface water runoff resulting from natural springs, rainfall, snowmelt, or other precipitation. 35. Stormwater Administrator. The City employee serving under the direction of the Deputy City Administrator who is charged with supervising and overseeing the City’s Stormwater Division, the Stormwater Control System, and the City’s system of stormwater user fees. 36. Stormwater Fund. A dedicated stormwater enterprise fund that is kept separate from the City’s General Fund and solely used to cover the cost of operation, maintenance, and improvement to the City’s Stormwater Control System , which includes but is not limited to: updating, administering, and enforcing the City’s existing and future stormwater ordinances, standards, and codes; studying, planning, operating, maintaining, and constructing the Stormwater Control System; and complying with all applicable stormwater regulations including the federally mandated regulations of the MS4 permit. 37. Stormwater Review Board. A group of City of Moscow staff chosen by the Deputy City Administrator to review appeals of the Stormwater Administrator’s user fee determination. 38. Stormwater Runoff. Stormwater which discharges from property, structure(s) and/or surfaces on property. 39. Stormwater User Fee. A reasonably individualized fee charged to property owners or tenants for stormwater services provided by the City Stormwater Control System. 40. Surface Waters. Ponds, lakes, streams (perennial and intermittent), as well as wetlands that support vegetation typically adapted for life in persistently wet soil conditions. 41. Tracking of Sediment. The process whereby the tires, wheels, or tracks of vehicles or construction equipment carry sediment from the construction site to and then deposit ---PAGE BREAK--- § 15-2 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-5 it onto properties or public roadways. 42. Wastewater or Process Wastewater. Any liquid or water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. 43. Waters of the State. All the accumulations of water, surface and underground, natural and artificial, public and private, or parts thereof which are wholly or partially within, which flow through or border upon the State of Idaho. 44. Zero Net Increase Runoff. The peak rate of stormwater runoff discharging from property following installation of impervious surfaces (i.e. post development) which is equal to or less than the peak rate of stormwater runoff discharging from said property prior to the installation of such impervious surfaces (i.e. predevelopment) as set forth in the Moscow Stormwater Best Management Practices Handbook. (Add. Ord 2025-06, 05/19/2025) Sec. 15-3. Applicability. A. This Chapter shall apply to all water or other substances entering, or which have the potential to enter, the Stormwater Control System and waters of the State within the City’s jurisdiction. B. All property, within the corporate limits of the City, containing impervious surface that drains stormwater runoff into the City's Stormwater Control System is subject to this Chapter. Properties that are not subject to the Chapter are exempt from the Stormwater user fee created by this Chapter. (Add. Ord 2025-06, 05/19/2025) Sec. 15-4. Administration. The City Administrator shall designate an individual who shall administer this Chapter and shall be referred to as the Stormwater Administrator. The Stormwater Administrator, and/or their designee(s), shall have the authority to develop and implement policies and procedures to administer and enforce this Chapter. (Add. Ord 2025-06, 05/19/2025) Sec. 15-5. Illicit Discharges. A. An illicit discharge does not include the existence of water or pollutants contained on private property, provided such water or pollutants are not discharged into the MS4 or waters of the State. B. Prohibition of Illicit Discharges. 1. It is unlawful for any person to discharge, or allow to discharge, one or more pollutants into any portion of the MS4 or waters of the State such that the discharge either: a. Causes or contributes to a violation of applicable State of Idaho Water Quality Standards; or b. Causes or contributes to a violation of the City’s NPDES Permit. 2. Prohibited discharges to the MS4 or waters of the State include, but are not limited to, the following: a. Trash or debris; b. Construction materials; c. Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil, and heating oil; d. Antifreeze and other automotive products; e. Metals; f. Flammable or explosive materials; g. Chemicals not normally found in uncontaminated water; h. Acids, alkalis, or bases; i. Painting products; j. Degreasers and/or solvents; k. Drain cleaners; l. Commercial and household cleaning products; m. Fertilizers or pesticides (including but not limited to herbicides, insecticides, etc.); ---PAGE BREAK--- § 15-5 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-5 n. Steam cleaning wastes; o. Pressure washing wastes; p. Soaps, detergents, or ammonia; q. Chlorinated spa or swimming pool water; r. Domestic or sanitary sewage; s. Animal carcasses; t. Food wastes; u. Yard wastes; v. Sediment; w. Any hazardous material or waste not listed above; and x. Non-NPDES permitted wastewater. 3. The following discharges to the MS4 or waters of the State are not prohibited unless the Stormwater Administrator determines that the type and/or amount of discharge is causing significant contamination of surface water: a. Diverted stream flows channeled or piped streams); b. Rising ground waters and springs; c. Flows from riparian habitats and wetlands; d. Uncontaminated ground water infiltration; e. Uncontaminated pumped ground water; f. Foundation, footing and roof drainage; g. Air conditioning condensation; h. Irrigation water from agricultural sources that is commingled with urban stormwater; i. Uncontaminated water from crawl space pumps; j. Non-stormwater discharges covered by another NPDES permit or State waste discharge permit; and k. Discharges from emergency firefighting activities. 4. The following types of discharges to the MS4 or waters of the State shall only be permitted if the following conditions are met: a. Discharges from potable water sources, including water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water; planned discharges shall be de-chlorinated to a concentration of 0.1 ppm or less, pH- adjusted if necessary, and volumetrically and velocity controlled to prevent re-suspension of sediments in the Stormwater Control System; b. Discharges from lawn watering and other irrigation runoff; these discharges shall be minimized through water conservation efforts; c. Dechlorinated spa or swimming pool discharges; these discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH-adjusted and re- oxygenated if necessary, and volumetrically and velocity controlled to prevent re-suspension of sediments in the Stormwater Control System. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Spa or swimming pool cleaning wastewater and filter backwash shall not be discharged to the Stormwater Control System; d. Discharges of street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents; these discharges shall be minimized by the City through public education activities. To avoid washing pollutants into the MS4, permittees shall minimize the amount of street wash and dust control water used in accordance with the City of Moscow Stormwater BMP Handbook; e. Other Non-Stormwater Discharges. Other non-stormwater discharges shall follow the requirements of a pollution prevention plan reviewed by the City which addresses control of such discharges. 5. Discharge prohibitions shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Environmental Protection Agency or Idaho Department of Environmental Quality; provided that ---PAGE BREAK--- § 15-5 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-6 the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations; and provided that written approval has been granted by the City of Moscow for any discharge to the Stormwater Control System. C. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued existence of illicit connections to the Stormwater Control System is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made prior to enactment of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. D. General Requirements. 1. Requirement to Eliminate Illicit Discharges. The Stormwater Administrator may require, by providing written notice to a property owner or person responsible for an illicit discharge, to immediately, or by a specified date, at their own expense, discontinue the discharge, clean up the polluting matter and, if necessary, take measures to eliminate the source of the discharge to prevent the reoccurrence of discharges. 2. Requirement to Eliminate Illicit Connections. The Stormwater Administrator may require, by providing written notice to a property owner or person responsible for an illicit connection to the Stormwater Control System, to eliminate the connection, at their own expense, by a specified date, regardless of whether or not the connection had been established or approved previously. 3. Requirement to Implement Best Management Practices. The owner or operator of a commercial or industrial establishment and the property owner(s) for said commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the Stormwater Control System or waters of the State through the use of structural and non-structural BMPs (as listed and described in the current version of the Stormwater Management Manual for Eastern Washington). The Stormwater Administrator may require any person responsible for a property or premises, which is, or may be, the source of an illicit discharge to implement, at their own expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the Stormwater Control System. 4. Watercourse Protection. Any person owning property through which a watercourse passes shall keep and maintain that part of the watercourse within the property free of trash, debris, and other items that would pollute or contaminate the flow of water through the watercourse. 5. Notification of Illicit Discharges. Notwithstanding other requirements of law, as soon as any responsible party for any premises has information of any known or suspected illicit discharges into the Stormwater Control System or waters of the State, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such illicit discharge, and shall notify the City through the Illicit Discharge Detection and Elimination hotline (208- 883-7230) and, in the case of a hazardous material discharge, shall notify the City by calling 911. (Add. Ord 2025-06, 05/19/2025) Sec. 15-6. Erosion and Sediment Control & Stormwater Pollution Prevention A. Erosion and Sediment Control Required. 1. Site practices. Grading, excavation, or other activities that accelerate soil erosion shall include industry-standard practices and shall be conducted in such a manner as to minimize soil erosion and contain sediment on the site. These site ---PAGE BREAK--- § 15-6 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-6 practices shall be implemented and maintained during site disturbance activities until the final-graded soils are vegetated or treated with long-term surface protection. Erosion and sediment control BMPs shall be at the discretion of the responsible party for the site and shall be conducted in accordance with the City of Moscow Stormwater BMP Handbook. 2. Tracking and Dumping. a. Tracking of sediments is prohibited to the maximum extent practicable. If any person tracks, dumps, drops, or otherwise permits to be deposited, any soil, mud, rock (except within the public right-of-way when crushed aggregate is to be used for routine maintenance or alterations of public works), or other such debris onto adjacent property, surface waters, public rights-of-way, or into any part of the public stormwater system, then such deposits shall be removed by the end of the work day, or immediately if a safety hazard results or if there is a reasonable likelihood of causing irreparable harm to the site or to adjacent property. Washing tracked or dumped sediment to the public Stormwater Control System is prohibited. b. The temporary storage of soil, sand, rock or other materials in the public rights-of-way, not otherwise addressed by the applicable grading permit for the associated construction activities, is not permitted without advance written authorization of City. Any person or entity that stores any soil, sand, rock, or other materials in the public rights-of-way without written authorization is in violation of this Chapter and will be subject to the civil penalties provided by this Chapter. Furthermore, the City, at its discretion, may remove the soil, sand, rock, or other materials if the responsible party fails to do so and the responsible party shall reimburse the City for its cost to remove the unauthorized soil, sand, rock, or materials. 3. Dust control. All disturbed sites with exposed soil surfaces or soil stockpiles shall implement practices designed to minimize wind erosion and dust in accordance with the City of Moscow Stormwater BMP Handbook. B. Exemptions. An erosion and sediment control plan is not required for the following activities (however, all persons are subject to the requirements of Sec. 15-6.A of this Chapter.): 1. Routine maintenance or alterations of: a. Railroads within the established railroad rights-of-way; b. State roadways within the State- owned rights-of-way; and c. City streets or utilities within the public rights-of-way when work is done by the City. 2. Landscaping or gardening by the property owner, provided that the work provides benefits for the owner’s personal use and not for sale. 3. Work related directly to vegetable and flower gardens, orchards, lawns, or similar projects. C. Erosion and Sediment Control Plans Considerations. 1. All site disturbing activities which expose greater than 600 sq. ft. of soil require an Erosion and Sediment Control (ESC) Plan. The complexity of ESC Plan requirements is generally based upon the amount of land disturbing activity which takes place. Other factors which should be considered in determining the appropriate erosion risk when developing an ESC Plan include: a. Steep slopes within the project area; b. The effects of site disturbance will persist into the time period from October 1 through June 1; c. Steep slopes adjacent to the site; d. Significant run-on water from upslope areas; e. Significant stockpiles of soil to be stored on site; ---PAGE BREAK--- § 15-6 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-6 f. Proximity to receiving surface waters; and g. Other special conditions deemed critical by the City. 2. ESC Plans and Stormwater Pollution Prevention Plans a. All ESC plans shall be completed in accordance with the City of Moscow Stormwater BMP Handbook. b. Construction projects that disturb one or more acres (including projects that disturb less than one acre but are part of a common plan of development or sale that disturb one or more acres), shall obtain Idaho Pollutant Discharge Elimination System (IPDES) permit coverage under the current version of the Idaho Construction General Permit (CGP) prior to beginning work. A Stormwater Pollution Prevention Plan is a required part of CGP submission and coverage, and may be submitted to the City to meet ESC Plan requirements. D. Site Inspection and Maintenance of Controls. 1. The written ESC Plan shall address the issues of inspection and maintenance of installed controls at the site. The responsible party shall conduct field inspections and shall perform any maintenance work needed to preserve the integrity of erosion and sediment controls. Field inspections shall occur at a minimum on bi-weekly intervals and immediately after any significant surface-water runoff event which induces potential for erosion and sedimentation. Maintenance of BMPs shall be completed in accordance with the City of Moscow Stormwater BMP Handbook. 2. The responsible party shall follow acceptable procedures found in the Idaho Catalog of Storm Water Best Management Practices for the handling and storage of hazardous materials on the site to prevent contamination of sediment and storm water runoff leaving the site. Such procedures shall be described in the written ESC Plan. E. Security Posted. For any site with a proposed disturbed area that exceeds forty thousand (40,000) square feet (3,730 sq. meters), no grading, excavation, or other site disturbance activity shall commence without the responsible party first submitting to the City proof of deposit of security to provide funds for rehabilitating the disturbed area. A performance bond, irrevocable letter of credit, cash escrow, or other security acceptable to the City, and naming the City as the protected party, shall be required from the responsible party until such security is released by the City. The amount of the security shall be no less than three percent of the estimated total cost of grading and excavation. F. Failure to Comply with ESC Plan. Failure to comply with the conditions of the ESC Plan may result in issuance of stop work orders; non-issuance of building permits; holding of certificates of occupancy for residential, commercial, and industrial sites; or similar action by the City until compliance is reached. Enforcement of this Section will also follow the City of Moscow Enforcement Response Policy (ERP) for Construction Site Runoff Control. G. Modifications to ESC Plan. Any proposed changes or modifications to the ESC Plan shall be submitted in writing to the City for approval. H. Completion of Work. 1. Upon completion of all grading work specified in the grading permit, the permit holder shall notify the City that conditions of the permit have been met and that the site is ready for final inspection. Final approval shall not be given until all work specified in the permit, including final site stabilization and removal of temporary BMPs, as applicable, has been completed to the satisfaction of the City. 2. In cases where a site has received ---PAGE BREAK--- § 15-6 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-7 final approval and then is sold in a semi- developed condition to a subsequent purchaser, the subsequent purchaser shall assume responsibility for the site as the responsible party. If the subsequent purchaser intends to conduct grading or other soil disturbing activity on the site other than that contained within the original permit for the site, then application must be made for a new permit with a revised ESC Plan which encompasses the additional activity on the site, unless otherwise exempted. Appropriate security under Sec. 20-6.E. must be submitted for approval by the responsible party, unless otherwise exempted. Regardless of ownership or condition of a site, practices shall be implemented to prevent the delivery of significant quantities of sediment off- site. (Add. Ord 2025-06, 05/19/2025) Sec. 15-7. Stormwater Runoff Control Required. A. No residential or nonresidential development and parking area(s) or parking lot(s) within the City shall be allowed to increase the rate at which stormwater runoff discharges from property in conformance with the standards and requirements specified in this Chapter unless otherwise exempted as provided herein. B. No building permit shall be issued by the City for a principal nonresidential structure and/or parking area(s) or parking lot(s) unless the design of the required stormwater runoff control facilities has been approved by the City. No certificate of occupancy shall be issued by the City for a principal nonresidential structure and/or parking area(s) or parking lot(s) until the installation of such facilities has been approved by the City. C. No final subdivision approval shall be granted by the City for a residential subdivision unless the design for the required stormwater runoff control facilities has been approved by the City Engineer and the required stormwater facilities have been constructed or bonded for as provided by the applicable Moscow City Code. D. No final subdivision approval shall be granted by the City for a nonresidential subdivision unless the design for the required stormwater runoff control facilities has been approved by the City Engineer and the required stormwater facilities have been constructed, or bonded for as provided by the applicable Moscow City Code , where such facilities are designed to be publicly maintained. E. Exceptions. 1. This Section does not apply to development or redevelopment: a. Which has been permitted or approved by the City prior to the effective date of this Chapter, or b. Where the total impervious surface area on the property does not exceed ten thousand (10,000) square feet. 2. This Section does not apply to that portion of property which, following development or redevelopment, is at or below the base flood elevation as defined by the Federal Emergency Management Agency (FEMA). F. General Requirements for Developments. 1. Any and all costs, design, engineering, construction and installation of the required stormwater runoff control facilities shall be performed by or paid for by the developer. 2. The required stormwater runoff control facilities shall be installed on developer’s property unless developer is granted legal authority to install and maintain such facilities on another property and such installation is approved by the City. 3. Residential Development. a. Stormwater runoff control facilities for residential development shall be mutual, neighborhood-type facilities designed and installed as a ---PAGE BREAK--- § 15-7 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-7 public system to accommodate all impervious surfaces which exist when such residential development is ultimately fully developed. Such system shall be installed at the same time as the required public improvements. b. Every individual lot within a residential development where a public storm control facility has been provided shall be connected to such public storm control facilities as a condition of development approval. 4. Non-Residential Development. a. Stormwater runoff control facilities for a nonresidential subdivision shall be designed and installed to provide for the conditions of the property which exist immediately following the installation of required public improvements and shall be installed at the same time as the required public improvements. b. Stormwater runoff control facilities for individual lots of non- residential development, platted or otherwise, shall be designed and installed at the same time as the development of such individual lot. G. Design and Method. 1. Required permanent stormwater controls shall be sufficient to retain onsite the runoff volume produced from a 24-hour, 95th percentile storm event (0.82 inches); or sufficient to provide detention and the level of pollutant removal greater than pollutant removal expected by using onsite retention of runoff volume produced from a 24-hour, 95th percentile storm event. 2. Every stormwater runoff control facility shall be designed by a person duly licensed by the State of Idaho to design such a facility. Complete plans, stamped and sealed by a person duly licensed by the State of Idaho to design such facility, shall be submitted to the City Engineer and the Stormwater Administrator, along with all reports and necessary calculations, for review and approval prior to final subdivision approval by the City Engineer, development approval, building permit issuance, or installation of such facility. All design plans shall be in compliance with the City of Moscow Stormwater BMP Handbook, the City of Moscow Construction Design Standards, and the Moscow City Code. 3. Any and all stormwater runoff from the site shall be diverted through a system of drainage ditches, drainage ways, pipes, culverts, and/or other such appropriate appurtenances. 4. The design and installation of stormwater runoff control facilities shall be in accordance with the requirements contained within the City of Moscow Stormwater BMP Handbook. 5. Every stormwater runoff control facility shall be designed to minimize maintenance of such facility. H. Operation and Maintenance of Stormwater Runoff Control Facilities. 1. Residential Development. The City shall assume the operation and maintenance of all residential development stormwater runoff control facilities which fully comply with the requirements of this Subsection. Until all of the conditions of this Subsection have been met, maintenance shall remain the responsibility of the developer. Acceptance of operation and maintenance by the City shall be subject to the following: a. Construction of such facilities are fully complete and operable, in accordance with the approved plans; b. As-built mylar plans have been furnished to the City; c. A thorough, neatly written operation and maintenance manual/plan prepared by the system's designer has been submitted, reviewed, and approved by the City Engineer; d. All necessary easements and/or rights-of-way to locate and to access such facilities have been properly granted; and e. Such facilities are accepted in writing by the City Engineer. 2. Non-Residential Development. ---PAGE BREAK--- § 15-7 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-11 The property owner shall be responsible for the continual operation and maintenance of the required stormwater runoff control facility. (Add. Ord 2025-06, 05/19/2025) Sec. 15-8. Stormwater Division Created. A. Stormwater Division Created. There is hereby created and established a Stormwater Division for the City. The Stormwater Division will have regulatory authority and responsibility for planning, design, construction, maintenance, operation, and administration of the City's Stormwater Control System, and the services provided by the City's Stormwater Control System. B. Stormwater Division's Regulatory Functions. The Stormwater Division is charged with administering and enforcing the City's existing stormwater ordinances, codes, and standards, as well as developing, administering, and enforcing future stormwater ordinances, codes, and standards necessary to comply with State and Federal regulations affecting the City’s provision of stormwater services to customers within the City. (Add. Ord 2025-06, 05/19/2025) Sec. 15-9. Stormwater Division Administration. A. Stormwater Division Administration. The Stormwater Division shall be administered under the direction of a Deputy City Administrator. The Stormwater Division will be administered in a manner similar to the City's existing Public Utilities. B. Stormwater Administrator. The Stormwater Division, Stormwater Control System, and the City system of stormwater user fees shall be under the supervision of the Stormwater Administrator who shall serve in such capacity under the direction of the Deputy City Administrator who is charged with supervising and overseeing the City’s Stormwater Division. C. Annual Reports. In order for the City Council to exercise its authority under Idaho Code § 50-1031, the Stormwater Division shall provide the City Council with an annual report of the activities funded by stormwater user fees during the preceding year and a projection of the upcoming year's expenditures. (Add. Ord 2025-06, 05/19/2025) Sec. 15-10. Policies and Procedures. The Stormwater Administrator is authorized to establish and update, from time to time, written policies and procedures to implement the provisions of this Chapter. (Add. Ord 2025-06, 05/19/2025) Sec. 15-11. Stormwater User Fee. A. Stormwater User Fee. The City may establish a system of periodic stormwater user fees that are proportionate to the costs of providing proprietary stormwater services to customers within the City in accordance with the costs of the operation and maintenance of the City's Stormwater Control System, including administration, planning, repair, improvement, regulatory compliance, and other stormwater costs, and for any redemption of bonds that are used to finance any system improvement. B. Fee Established by Resolution. The fee authorized by this Chapter will be set by Resolution of the City Council. C. Nature and Purpose of User Fee. The fees authorized by this Ordinance are not a one-time impact fee, capitalization fee, or buy-in fee. Rather, the fees will be charged to users on an ongoing, periodic basis. Revenue collected may be used for ongoing and recurring stormwater expenses, such as operations and maintenance, as well as capital expenditures and retirement of debt associated with capital expenditures. D. Quantification of User Fee. The amount of a customer’s stormwater user fee shall be based on the user’s pro-rata ---PAGE BREAK--- § 15-11 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-11 share of the cost of service a City stormwater customer receives from the City Stormwater Control System. The fee shall be reasonably determined based on the volume of runoff from a customer’s property (as reflected in the extent of impermeable surface) into the City Stormwater Control System. Impervious surface area is well correlated with urban runoff volume; therefore, the volume of runoff into the City Stormwater Control System will be based on the amount of impervious surface on a customer’s property that drains into the City Stormwater Control System. In addition, to better individualize user fees, customers may provide information to the City under Subsections and of this Section regarding on-site factors that eliminate or reduce the volume of customer’s runoff, or the pollution it contains. E. System of User Fee Credits. The City shall provide a written system of user fee credits to better individualize fees to reflect a customer’s stormwater burdens and services. The system of user fee credits will reasonably account for on- site practices or conditions that significantly affect the expected volume and pollution of runoff flowing from a customer’s property to the City Stormwater Control System; or otherwise affect the cost for the City to manage and dispose of the customer’s runoff. Some classes of stormwater customers may provide information to the Stormwater Administrator and apply for applicable user fee credits. A decision regarding credit eligibility will be made by the Stormwater Administrator within thirty (30) days of receiving a complete application. The burden of proof for initial and ongoing credit eligibility shall lie with the customer. The City may, at its discretion, charge a credit application processing fee that reasonably reflects the administrative cost of reviewing and processing the application. F. Exemption from User Fee. Properties that do not use the Stormwater Control System are exempt from the Stormwater User Fee because: the property has no impermeable surface, the property is served by its own stormwater system such that the property’s stormwater runoff does not discharge to the City’s Stormwater Control System, or the property is directly and indirectly hydraulically disconnected from the City’s Stormwater Control System. Customers may submit a request for an exemption under Subsections and of this Section. G. Periodic Revisions to Fee Calculation. The City shall periodically review the stormwater fee structure and rate and make adjustments as necessary to account for the most recent information on anticipated stormwater costs, debt obligations, revenue on hand, and anticipated fees and other revenue. H. Customer Database. The City will use readily available information, such as aerial photographs or other data, to prepare a stormwater customer database containing calculations of impervious surface area on parcels within the City, along with parcel ownership. The City shall keep and maintain the customer database of impervious surface and fees over time. The City will recalculate a customer’s impervious surface and fee, including reviewing whether the property is exempt, each time additional development occurs on the property that would significantly increase or decrease the amount of the fee. The recalculation of the fee will be triggered by an application for a building or site development permit. I. Stormwater User Fee Corrections. The City shall provide a process for customers to submit information to the Stormwater Administrator to adjust or eliminate their stormwater user fee. A customer who believes that their fee is based on an incorrect calculation of impervious surface, that the subject property does not receive any drainage services from the City Stormwater ---PAGE BREAK--- § 15-11 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-13 Control System (for the reasons described in Subsection F above), or otherwise has an incorrect fee, may submit a written recalculation request to the Stormwater Administrator within thirty (30) days after the fee is established or adjusted. The request must identify the basis for disagreement with the user fee and be accompanied by relevant supporting documentation. The City shall determine whether the fee should be recalculated and, if so, recalculate the fee, and notify the requestor, in writing, no later than thirty (30) calendar days following receipt of the completed written request for recalculation. J. Appeal of Stormwater User Fee Correction Decision. The Stormwater Administrator's decision regarding user fee credits or correction of user fees, as allowed under Subsections and of this Section, may be appealed to the Stormwater Review Board by submitting a written appeal to the Stormwater Administrator within thirty (30) calendar days after the Stormwater Administrator issues their decision. The request must identify the error(s) committed by the City in recalculating the fee and any other basis for claim of incorrect calculation and be accompanied by relevant supporting documentation. The Stormwater Review Board will not hold a public hearing on the appeal but will meet and review all submitted information and decide on the appeal. A final written decision from the Review Board will be issued no later than thirty (30) calendar days following receipt of the completed written appeal, unless the appellant agrees to an extension. The final written decision from the Review Board is the final administrative action of the City. K. Refund of Overpayment. The City will refund any stormwater user fee overpayment, plus any statutory interest, within thirty (30) calendar days if either the Stormwater Administrator or the Stormwater Review Board determines that a user fee was improperly calculated as allowed by this Section. (Add. Ord 2025-06, 05/19/2025) Sec. 15-12. Billing and Enforcing Payment of Stormwater User Fees. All billings for user fees charged under the provisions of this Chapter will be billed and collected in the same manner as the City’s other Public Utilities as it relates to billing, payment, delinquency, and penalty provisions. (Add. Ord 2025-06, 05/19/2025) Sec. 15-13. Stormwater Fund and Expenditures. A. Segregation of Funds. All fees and charges received and collected under authority of this Chapter shall be deposited and credited to a special enterprise fund to be designated as the Stormwater Fund. All revenue accruing to the Stormwater Fund shall be maintained in a separate fund account, and shall be tracked separately from the City’s general revenue fund. B. Accounting of Receipts and Expenditures. The accounts of the Stormwater Fund created by this Section shall show all receipts and expenditures for the maintenance, construction, operation, upkeep and repair of the City's Stormwater Control System, including the payment of any System bonds issued by the City, which, from time to time, may be outstanding. C. Other Revenue Sources. From time to time, the City, in its discretion, may deposit other monies into the Stormwater Fund to be used to cover stormwater costs, including, for example, revenue from grants, damages or penalties collected, or contributions of general revenue of the City. D. Expenditure on System Expenses Only. All funds generated by this Chapter, as well as other deposits to the Stormwater Fund as provided in Subsection C, will only be expended on the operation, maintenance and other expenses, ---PAGE BREAK--- § 15-13 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-14 including regulatory compliance, of the Stormwater Control System. Charges for services provided by general fund departments to the stormwater utility may be charged to the Stormwater Fund. No general street maintenance, repairs, or improvements such as filling potholes, repaving, striping, winter sanding, removal of limbs and other large debris from streets, or other general fund expenditures may be charged to the Stormwater Fund; however, repair and replacement of curbs and gutters and removal of pollutants from the Stormwater Control System via sweeping or other methods is authorized in order to maintain the integrity of the Stormwater Control System and comply with applicable regulations. The Stormwater Administrator and the Finance Director are charged with adopting additional policies and guidelines to ensure that monies in the Stormwater Fund are only spent on valid Stormwater Control System expenses. E. Availability of Deposited Funds. As provided by law, when budgeted and appropriated, the funds and credits to the account of the Stormwater Fund shall be available for the payment of maintenance, operation, repairs, and upkeep of the Stormwater Control System, compliance with the MS4 Permit, and to the extent legally available for the payment of principal and interest of any revenue bonds which shall from time to time may be outstanding. F. Independence from the General Fund. The Stormwater Division shall operate independently of the City's general fund and shall have the same relationship to the City as the City’s current Utility Programs. Upon creation of the Stormwater Division, the City's drainage facilities and assets, other than streets, shall be transferred to the Stormwater Division in accordance with Governmental Accounting Standards Board (GASB) Financial Reporting Principles. (Add. Ord 2025-06, 05/19/2025) Sec. 15-14. Enforcement, Inspections, and Investigations. A. Enforcement. The Stormwater Administrator shall be responsible for enforcing this Chapter. The Stormwater Administrator is authorized to investigate suspected violations, issue violation notices, cease and desist orders, notices of civil infractions, issue stop work orders, levy penalties, recover costs and institute civil actions. Recourse to any single remedy shall not preclude recourse to any other remedy available to the City under Moscow City Code or State law. Enforcement of this Chapter will follow the City of Moscow Enforcement Response Policy (ERP) for Construction Site Runoff Control, ERP for Illicit Discharge Detection and Elimination, and ERP for Permanent Stormwater Controls Management. B. Inspections and Investigations. 1. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this Chapter, including but not limited to, random sampling and sampling in areas with evidence of storm water pollution, illicit discharges, or similar factors. 2. Whenever necessary to inspect to enforce any of the provisions of this Chapter, or whenever the Stormwater Administrator has reasonable cause to believe there exists in any building or upon any premises any condition which may constitute a violation of the provisions of this Chapter, the Stormwater Administrator may enter such building or premises at all reasonable times to inspect the same or perform any duty imposed upon the Stormwater Administrator by this Chapter; provided that a. If such building or premises is occupied, they first shall present proper credentials and request entry; and ---PAGE BREAK--- § 15-14 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-16 b. If such building or premises is unoccupied, they 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. 3. The property owner or occupant shall have the right to refuse entry, but, in the event such entry is refused, the Stormwater Administrator is hereby empowered to seek assistance from the Idaho Department of Environmental Quality and/or any court of competent jurisdiction in obtaining such entry and performing such inspection. The Stormwater Administrator shall have access to all records that must be kept under the conditions of an NPDES permit to discharge stormwater. If a property owner or occupant has security measures in force which require proper identification and clearance before entry into its premises, the property owner or occupant shall make the necessary arrangements to allow access to the Stormwater Administrator. C. Monitoring and Sampling. The Stormwater Administrator has the right to install or require the property owner to install monitoring equipment at the property owners expense as is reasonably necessary in the opinion of the Stormwater Administrator to conduct appropriate monitoring and/or sampling of the stormwater discharge from the premises. The sampling and monitoring equipment for the premises shall be maintained at all times in a safe and proper operating condition by the property owner at their expense. (Add. Ord 2025-06, 05/19/2025) Sec. 15-15. Penalties. A. Failure to comply with the provisions of this Chapter is a civil infraction, with the exception of violation of a stop work order, which shall be a misdemeanor. Upon conviction thereof in a court of competent jurisdiction, a failure to comply shall be punished pursuant to this Code and the Idaho Code. Each separate day during which any violation of a stop work order occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as a misdemeanor. Each separate day during which any violation of this Chapter occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as stated herein. B. Any person violating any provision of this Chapter shall be subject to the following unless other penalties are prescribed: 1. It is an infraction punishable by a fine of one hundred dollars ($100) plus court costs for any person to violate provisions of this Chapter for a first violation. 2. A second violation, including failure to resolve an initial infraction, within five years is an infraction punishable by a fine of three hundred dollars ($300) plus court costs. 3. A third violation within five years shall be a misdemeanor as defined by the Idaho Code and shall subject such person up to the maximum misdemeanor penalties as provided in the Idaho Code. (Add. Ord 2025-06, 05/19/2025) Sec. 15-16. Liability for Injury or Damage. Nothing contained in this Chapter is intended to be nor shall it be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of a side sewer to conform to the provisions of this Chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized, issued or done, or failure to act in connection with the implementation or enforcement of this Chapter, or by reason of any action or inaction on the part of the City related in any ---PAGE BREAK--- § 15-16 TITLE 5 – PUBLIC WAYS AND PROPERTY § 15-17 manner to the enforcement of this Chapter by its officers, employees or agents. (Add. Ord 2025-06, 05/19/2025) Sec. 15-17. Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. (Add. Ord 2025-06, 05/19/2025)