City of Dayton

In compliance with the issuance of the NPDES permit, the City of Dayton began implementation of a system-wide SWMP in 1997. The SWMP provides comprehensive planning procedures, which involve intergovernmental coordination, to reduce the discharge of pollutants to the maximum extent practicable. Using best management practices (BMPs), defined as: “Schedules of activities, prohibitions of practices, maintenance procedures, control techniques, system design and engineering methods,” where appropriate, prevent and reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

The City of Dayton has implemented the SWMP to manage the quality of urban storm water discharged to waters of the state through the Municipal Separate Storm Sewer System (MS4). The City of Dayton encompasses 56.4 square miles. The City owns and operates the MS4 which has almost 600 miles of storm sewers, 21,000 catch basins, 15,000 manholes, 15 storm pumping stations, and over 500 storm water outfalls.

Best Management Practices, when used singularly or in combination prevent or reduce the release of pollutants and other adverse impacts to surface waters. The objective of BMPs is to control the quality and/or quantity of stormwater in order to reduce the adverse impact of storm water on Dayton’s local receiving waters:

Dayton’s SWMP includes BMPs which have been developed and implemented by various departments and divisions throughout the City organization. Storm Water Management is a coordinated effort by a diverse group of professionals. The SWMP is managed by the Department of Water, Division of Environmental Management (DEM). To optimize implementation of BMPs to meet the SWMP goals, responsibilities are delegated to the department with direct control.

As a requirement of the City’s NPDES permit, Dayton enacted a stormwater ordinance in 1997 and has since amended the chapter to include the stormwater utility fee. This established fee, the Municipal Stormwater Fund, shall be used solely for the construction, operation and maintenance, and pollution prevention and elimination activities of the municipal separate storm sewer system. All owners of real property in Dayton must pay this fee based on the amount of impervious area on their property. The ordinance also requires the owner of private drainage facilities from a building or an inlet structure to the MS4 to be responsible for all maintenance associated with such facilities. Failure to maintain private stormwater controls and facilities can result in a notice of violation and large fines.

STATE OF OHIO Storm Water Program

CHAPTER 3745-39 OF THE ADMINISTRATIVE CODE

3745-39-02 Objectives of the Ohio EPA storm water management program for small MS4s.

(A) Storm water runoff continues to harm Ohio's waters. Runoff from lands modified by human activities can harm surface water resources in several ways, including the changing of natural hydrologic patterns and elevating pollutant concentrations and loadings. Storm water runoff may contain or mobilize high levels of contaminants, such as sediment, suspended solids, nutrients, heavy metals, pathogens, toxins, oxygen-demanding substances and floatables.

(B) The purpose of the Ohio EPA storm water management program for small municipal separate storm sewer systems (MS4s) is to regulate sources to protect water quality and to establish a comprehensive storm water management program. In this program, small MS4s have flexibility to determine the best management practices and measurable goals that are most appropriate for their system, for each of the six minimum control measures described in paragraph (C) of rule 3745-39-03 of the Administrative Code.

(C) What constitutes a municipal separate storm sewer system is often misinterpreted and misunderstood. The term does not solely refer to municipally owned storm sewer systems, but rather is a term of art with a much broader application that can include, in addition to local jurisdictions, state and federal facilities, public universities, local sewer districts, public hospitals, federal installations, military bases and prisons. The municipal separate storm sewer system is not just a system of underground pipes – it can include roads with drainage systems, gutters and ditches.

Ohio EPA NPDES requirements for small MS4s.

(OAC Rule #: 3745-39-03)

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules and federal statutory provisions referenced in this rule, see rule 3745-39-01 of the Administrative Code.]

(2) Minimum control measures.

(e) Post-construction storm water management in new development and redevelopment.

1. You must develop, implement and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts.
2. You must:

1. Develop and implement strategies that include a combination of structural, non-structural, or both types of best management practices as you determine appropriate for your community;
2. Use an ordinance or other regulatory mechanism to address post-construction runoff from new development and redevelopment projects to the extent allowable under state or local law; and
3. Ensure adequate long-term operation and maintenance of best management practices.

DAYTON, OHIO MUNICIPAL CODE

CHAPTER 54. - STORMWATER MANAGEMENT

FOOTNOTE(S):

--- (3) ---

Editor's note- Ord. No. 30811-08, § 1, adopted Nov. 26, 2008, amended Ch. 54 in its entirety to read as herein set out. Former Ch. 54, §§ 54.01-54.11, pertained to similar subject matter and derived from Ord. 29358-07, passed Mar. 26, 1997; and Am. Ord. 30310-03, passed Nov. 26, 2003.

Sec. 54.01. · General.

(A) Purpose. This chapter is adopted to protect public surface and groundwaters from degradation by accelerated soil erosion and other pollutants; and to maintain compliance with the City of Dayton National Pollutant Discharge Elimination System (NPDES) Permit No. 1 PI00003*CD. Protection from such degradation shall promote and maintain the health, safety, and general well-being of all inhabitants of the city and surrounding region.

Sec. 54.02. ·Powers of the director.

The Director shall administer, implement, and enforce the provisions of§§ 54.01 through 54.10. Any powers granted or duties imposed upon the Director may be delegated in writing to persons or entities acting in the beneficial interest of or in the employ of the city. The Director shall have power to make rules for the management and protection of the MS4 and to prevent the pollution thereof; to make rules consonant with §§54.01 to 54.10; to classify storm sewer services; to establish, adjust, and regulate the rates charged for different classes of storm sewer services; to enforce the provisions of §§54.01 through 54.10 and to exercise all incidental powers necessary to carry out the purposes of Chapter 54.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.03. - Stormwater utility.

For the protection of the public health, safety, welfare, and convenience of the city and its inhabitants a stormwater utility is hereby established to manage, maintain, operate, repair, construct, reconstruct, and enlarge the city's Municipal Separate Storm Sewer System. The stormwater utility is administered by the Director.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.04. - Stormwater charges.

1. There is hereby charged and imposed upon all real property having an impervious surface area located within the city, whether publicly or privately owned, a fee for benefits occurring from the stormwater utility. All owners of such real property are responsible for payment offees charged their properties. A Municipal Stormwater Fund is established to receive all fees collected pursuant to this chapter.
2. All fees collected for stormwater service shall be placed in the Municipal Stormwater Fund and shall be used solely for the construction, operation and maintenance, and pollution prevention and elimination activities of the municipal separate storm sewer system. Funds shall not be used for private purposes or to extend storm sewer services to unsewered areas. The first priority for the expenditure of this fund shall be to address the specific requirements of the city's stormwater discharge permit for the Municipal Separate Storm Sewer System.
3. Public streets and airports owned and operated by the city are not subject to the stormwater fees.
4. Unpaid stormwater service fees shall constitute a lien against the property. Unpaid stormwater service fees may be certified to the County Auditor for collection with the property owner's real property tax payment.
5. Stormwater fees may be appealed to the Director. Decisions of the Director may be appealed to the Board of Water and Sewer Charge Appeals in accordance with the procedures set forth in R.C.G.O. §§ 50.20 through 50.28. The respective boards shall have such powers with respect to stormwater fees as they have with respect to water and sanitary sewer service charges.

(Ord. 30811-08, § 1, 11-26-08;Am. Ord. 31027-10, § 1, 10-6-10)

Sec. 54.05. - Earth-disturbing activity.

1. No person may engage in earth-disturbing activity without complying with the provisions of this chapter, the "City of Dayton, Ohio, Construction and Materials Specifications," the rules and standards published by the Director, and the Ohio EPA's NPDES Construction Activity General Permit.

No person may engage in earth-disturbing activity of one acre or more without a SWP3 approved by the Director or the Ohio Environmental Protection Agency.

2. No person required to have an approved SWP3 shall conduct earth-disturbing activity in a manner inconsistent with the approved plan. No person shall conduct earth-disturbing activity on any portion of a property required to have an approved SWP3 in a manner inconsistent with the approved plan.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.06. · Subdivision planning and individual site development.

1. An applicant for subdivision plan approval or any individual site development for any site of one acre or more, pursuant to R.C. Chapter 151, shall submit a stormwater management program to the Director, developed in accordance with the "City of Dayton, Ohio, Construction and Material Specifications" and standards published by the Director.
2. No subdivision plan shall be approved by the City of Dayton Plan Board until the Director has approved those provisions of the plan addressing stormwater drainage.
3. In determining whether to approve a SWMP the Director shall consider the following principles:
   1. The feasibility of the following stormwater management practices:
      1. Stormwater retention structures;
      2. Stormwater detention structures; or
      3. Post-construction stormwater management.
   2. Where appropriate and consistent with subdivision ordinances, reducing the need for stormwater management facilities by incorporating the use of natural topography.
   3. Designs that minimize the need for maintenance, provide access for maintenance purposes, and are structurally sound.
   4. Designs that minimize the likelihood of stormwater pollution by materials and activities at the subdivision.
4. No person required to have an approved SWMP may proceed to develop a subdivision without an approved SWMP or conduct subdivision development activity in a manner inconsistent with the approved plan.
5. No bond, financial assurance, or part of any bond or financial assurance given pursuant to§ 151.80 shall be released by the City Engineer without the Director's approval.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.07. - Private drainage facilities.

The owner of private drainage facilities from a building or an inlet structure to the MS4 is responsible for all maintenance associated with such facilities.

The owner shall maintain the following:

Dry wells. Any existing dry wells are required to have a routine maintenance plan to prevent overflow and cause an illicit discharge to the MS4.

Private Drainage Facilities. The owner shall maintain the private drainage facilities and post-construction controls, on their property in a condition to not cause flooding of stormwater to the city MS4, and to keep the flow free from litter and debris, other waste, and other pollutants.

Floor Drains. All floor drains within a commercial or industrial facility that connect to the MS4 are considered a point source and shall be covered by an National Pollutant Discharge Elimination System permit or shall be reconnected to the sanitary sewer system or plugged at the owner's expense.

Storm Sewer Systems including Laterals. All existing or new storm sewer laterals that require a National Pollutant Discharge Elimination System permit may also require a stormwater pollution prevention plan to prevent illicit discharges to the MS4.

Storm Ditches and Swales. The owner shall maintain the storm ditches and swales on their property in a condition to not cause flooding of stormwater to the MS4, and to keep the flow free from litter and debris, other waste, and other pollutants.

The owner must retain the services of a licensed plumber and obtain a city permit to perform any repairs to private laterals beyond the owner's property line in the right-of-way or easement. The owner or designated representative (such as the plumbing contractor) must contact the City of Dayton, Department of Water prior to cutting into in a dedicated street or alley for the purpose repairs to private laterals. Unless otherwise authorized by the city, all excavations, repairs, and restoration in a dedicated street or alley will be performed by the city in cooperation with the contractor being billed for such work. The owner must obtain the requisite city permits for any work on a private lateral; and inspections will be performed on all such work.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.08. - Inspections.

1. Authorized representatives of the Director may enter at reasonable times upon any property to conduct on-site inspections or investigations, obtain samples, and examine records to determine compliance with this chapter, approved construction plans, or an approved SWP3. Upon refusal the Director or authorized representative may apply for a search warrant to enter upon the property.
2. No person shall obstruct or interfere with inspection of any premises or the sampling of any discharge by the Director.
3. The Director may collect and analyze samples of discharges to the MS4, install and require the installation of stormwater sampling and measurement devices, and examine records concerning discharges to the MS4. Where adequate facilities do not exist for the installation of stormwater sampling and measurement devices, the Director may order the owner of the property to install such facilities.

(Ord. 30811-08, § 1, 11-26-08)

Sec. 54.10. - Enforcement.

1. [Notice of Violation:] Whenever the Director finds a violation of a provision or failure to meet a requirement of §§ 54.01 through 54.09, and prior to taking any action under paragraphs (BJ, (CJ, or (F) of this section, the Director shall order compliance by written notice of violation to the person responsible for the violation.
2. Cost of abatement of the violation: Any person who violates any provision of this chapter, or regulation, permit, license, or other directive pursuant to§§ 54.01 through 54.09 shall be responsible for all costs incurred by the city to abate the violation, including investigation and administrative costs.
3. Administrative fines: Upon failure to comply with a notice of violation, the Director may charge administrative fines not to exceed $1,000.00 per violation against any person who violates any provision of this chapter or any regulation, permit, license, or other directive pursuant to§§ 54.01 through 54.09. Each day a violation occurs shall be considered a separate violation. This fine may be charged separate from the abatement costs. Unpaid administrative fines may be certified to the County Auditor for collection with the responsible party's real property tax payment.

Sec. 54.11. -Assessment rates and user charge system.

1. The annual fee for one-family, two-family, and three-family residential properties having impervious surface area and from which stormwater does not flow directly to the Municipal Separate Storm Sewer System is $27.91.
2. The annual fee for one-family, two-family, and three-family residential properties having impervious surface area and from which stormwater flows directly to the Municipal Separate Storm Sewer System is $60.32.
3. The annual rate for all properties other than one-family, two-family, and three-family residential properties having impervious surface area and from which stormwater does not flow directly to the Municipal Separate Storm Sewer System is $.0143 per square foot of impervious surface area.

1. (DJ The annual rate for all properties other than one-family, two-family, and three-family residential properties, having impervious surface area and from which stormwater flows directly to the Municipal Separate Storm Sewer System is $.0309 per square foot of impervious surface area.

4. The city shall annually adjust the rates established by this section, as necessary to recover the cost of operating the stormwater utility, by a percentage no greater than the percent change in the Consumer Price Index (CPl-U, U.S. City Average, All Items, Not Seasonally Adjusted) as measured by the percent change in the average price index from the third quarter (hereinafter referred to as the base quarter) of the previous year to the base quarter of one year prior. Such change shall be rounded to the nearest one-tenth of one percent.

(Ord. 31027-10, § 2, 10.6-10)

THE CITY OF DAYTON- ENGINEERING DESIGN STANDARDS

These design standards, in conformance with established practice by the City of Dayton, apply to all commercial, residential, multi-family developments, and capital improvements involving the construction, modification, addition, or removal of public infrastructure including, but not limited to the water distribution system, sanitary collection system, storm water collection system, storm water management and erosion control (both temporary and permanent).

APPENDIX B: POST CONSTRUCTION STORM WATER REQUIREMENT DESIGN GUIDANCE

Appendix B functions as a tool to help developers and designers implement the City of Dayton’s post-construction storm water management program. This section includes 1) guidance on how to select nonstructural post construction storm water best management practices (BMPs) and 2) guidance on how to select, design, and maintain structural post construction storm water BMPs. Temporary soil erosion and sedimentation control BMPs are also discussed in this section.

To incorporate storm water management effectively into a site design, it is essential to consider storm water during the early planning stages and during design to successfully implement storm water BMPs during construction and after construction.

Links

Dayton Water One Source Website

Dayton Stormwater Management Ordinance