Attachment C - 32C_Council draft 3 29 2023.pdf

City of Phoenix — Transportation, Infrastructure, and Planning Subcommittee (2023-04-19)

Extracted text (via pymupdf) 35872 characters

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ORDINANCE G-_____
AN ORDINANCE AMENDING PHOENIX CITY CODE,
CHAPTER 32C, PERTAINING TO STORMWATER
QUALITY PROTECTION.
______________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. Chapter 32C, Phoenix City Code, is amended to read:
Sec. 32C-100.
General powers and purpose.
A.
The City Manager may WILL regulate the use, grading, paving, maintenance, and
operation of public rights-of-way and public storm drain systems so as to reduce, to the
maximum extent practicable, the addition DISCHARGE of pollutants, TO THE
MAXIMUM EXTENT PRACTICABLE, to stormwater in quantities or concentrations that
could reasonably be expected to THAT MAY cause or contribute to either a violation of
an ANY applicable SURFACE water quality standard or any condition of a stormwater
NPDES/AZPDES permit issued to the City, or any other act that causes or contributes
to OBSTRUCTION OF OR damage to a public storm drain system. The City Manager
may regulate the use of the public storm drain system through administrative rules,
permits, and other written forms of approval for activities that could release pollutants or
stormwater to a public storm drain system.
B.
Nothing in this chapter shall be construed as an assumption by the City of Phoenix
of any other person’s duties or responsibilities arising under any applicable law,
including the common law. Any activities of the City Manager authorized by this chapter
are permissive rather than mandatory. COMPLIANCE WITH THIS CHAPTER DOES
NOT RELIEVE, MODIFY, OR OTHERWISE AFFECT A PERSON’S OBLIGATION TO
COMPLY WITH ANY OTHER APPLICABLE FEDERAL, STATE, OR LOCAL LEGAL
REQUIREMENT.
C.
The City Manager will provide implementation guidance to assist the public in
complying with this chapter. This guidance may consist of fact sheets, policy and
ATTACHMENT C

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procedure manuals, and other pertinent information relating to the development and
implementation of best management practices for stormwater quality protection.

Sec. 32C-101.
Definitions.
Applicable water quality standard means a numeric or narrative water quality criterion
that limits the quantity or concentrations of pollutants that may be present in navigable
waters defined in 33 U.S.C. Section 1362(7).
Best management practice (BMP) means SCHEDULES OF activities, prohibition of
practices, structural and nonstructural controls, operational and maintenance
procedures, control measures and other management practices to prevent or reduce
the discharge of pollutants to the public storm drain system POLLUTION OF
PROTECTED SURFACE WATERS. BMPS ALSO INCLUDE TREATMENT
REQUIREMENTS, OPERATING PROCEDURES, AND PRACTICES TO CONTROL
SITE RUNOFF, SPILLAGE OR LEAKS, SLUDGE OR WASTE DISPOSAL, OR
DRAINAGE FROM RAW MATERIAL STORAGE.
City Manager means the City Manager for the City of Phoenix or the City Manager’s
designee.
Direct connection means any pipe, conduit or other conveyance that is inserted into any
part of the public storm drain system either temporarily or permanently.
DISCHARGE MEANS ANY RELEASE, SPILL, LEAK, PUMP, FLOW, ESCAPE,
LEACHING (INCLUDING SUBSURFACE MIGRATION OR DEPOSITION TO
GROUNDWATER), DUMPING OR DISPOSAL OF ANY LIQUID, SEMI-SOLID OR
SOLID SUBSTANCE TO A PUBLIC RIGHT-OF-WAY OR PUBLIC STORM DRAIN
SYSTEM.
Discharge permit means a City-issued document (permit) authorizing the release of
uncontaminated stormwater or non-stormwater to the PUBLIC storm drain system for a
specified period of time. Specific restrictions may apply and will be determined on a
case-by-case basis. Fees for administering the permit may apply.
Firefighting activities means all emergency response activities that control or extinguish
fires. The phrase does not include the release of significant materials that occur after an
emergency situation has ended.
GREEN STORMWATER INFRASTRUCTURE MEANS INFRASTRUCTURE
CONSTRUCTED WITH A RANGE OF MEASURES THAT USE PLANT OR SOIL
SYSTEMS, PERMEABLE PAVEMENT OR OTHER PERMEABLE SURFACES OR
SUBSTRATES, STORMWATER HARVEST AND REUSE, OR LANDSCAPING TO
STORE, INFILTRATE, OR EVAPOTRANSPIRATE STORMWATER AND REDUCE
FLOWS TO THE PUBLIC STORM DRAIN SYSTEM OR TO SURFACE WATERS.
THESE FEATURES ARE ALSO SOMETIMES REFERRED TO AS LOW IMPACT
DEVELOPMENT (LID).

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ILLICIT CONNECTION MEANS ANY MAN-MADE CONVEYANCE OR DRAINAGE
SYSTEM, PIPELINE, CONDUIT, INLET OR OUTLET, THROUGH WHICH THE
DISCHARGE OF ANY POLLUTANT TO THE PUBLIC STORM DRAIN SYSTEM
OCCURS OR MAY OCCUR. THE TERM "ILLICIT CONNECTION" DOES NOT
INCLUDE LEGAL NONCONFORMING CONNECTIONS.
Nonresidential property means any real property that is actually or intended to be used
for commercial, industrial, agricultural, or recreational purposes, including but not limited
to the immediate vicinity of five or more connected residential dwelling units, and
residential subdivisions or dwellings that have not been occupied by a bona fide
purchaser or tenant.
NPDES/AZPDES permit means an authorization to discharge stormwater issued under
the NPDES/AZPDES program.
NPDES/AZPDES Program means the Federal National Pollution POLLUTANT
Discharge Elimination System (NPDES) Program administered nationally pursuant to 33
U.S.C. Section 1342 and the Arizona Pollution POLLUTANT Discharge Elimination
System (AZPDES) Program administered in Arizona pursuant to Arizona Revised
Statutes, Title 49, Chapter 2, Article 3.1.
OWNER MEANS A PROPERTY OWNER OR ANY PERSON OR ENTITY THAT HAS
PHYSICAL CONTROL, AUTHORITY, OR RESPONSIBILITY FOR A BUSINESS,
PROPERTY, OR STORMWATER MANAGEMENT DEVICE.
Permit means written authorization to engage in specific conduct or an activity that is
issued pursuant to and in accordance with the particular lawS, rules, or ordinances
governing that conduct or activity.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust or any other legal entity, including their legal
representatives, agents and assigns.
Pollutant means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid
waste, substances and chemicals, pesticides, herbicides, fertilizers and other
agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions,
petroleum products, chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, dirt, sand, sediment, CELLAR DIRT, and mining,
municipal, and agricultural waste, or any other liquid, solid, gaseous or hazardous
substances.
Pollution means the presence of pollutants on land or in stormwater.
Pollution prevention means operational procedures and processes and improvements in
housekeeping or management techniques that reduce potential or actual releases of
pollutants to the environment including all air, water and land resources affected by
those pollutants.

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POST-CONSTRUCTION STORMWATER CONTROL MEANS ANY DEVICE OR
FEATURE PERMANENTLY INSTALLED AND DESIGNED TO MANAGE OR TREAT
STORMWATER, INCLUDING BUT NOT LIMITED TO RETENTION, DETENTION,
STORAGE, INFILTRATION, OR TREATMENT SYSTEMS.
Public storm drain system means all or any part of the publicly owned stormwater
conveyance system, including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels or storm drains located within
easements, rights-of-way, parks, streets, roads, or highways, or in common areas of
real property leased from the City of Phoenix, that are used for collecting, retaining, or
conveying stormwater.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, placing, leaching, dumping, or disposing into or on any land in a manner that
significant materials, pollutants, or stormwater has the reasonable potential to be
introduced into the public storm drain system.
Significant materials means any solid, liquid, or gaseous substance other than
uncontaminated stormwater, that can release pollutants, including but not limited to: raw
materials; fuels; solvents; detergents; finished materials; hazardous substances
designated under Section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Section 9601(14); any chemical for which a
report must be filed pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act of 1986, 42 U.S.C. Section 11023; fertilizers; pesticides;
herbicides; and waste materials, including garbage, trash, ashes, slag, yard waste,
animal waste, and sludge.
Stormwater means rainfall runoff, snow melt runoff, and surface runoff and drainage.
Stormwater management plan (SWMP) means a document, tailored to the facility’s site-
specific conditions and activities, identifying the facility’s plan for eliminating, minimizing
or reducing the amount of pollution in stormwater discharged from the site.
SURFACE WATER QUALITY STANDARD MEANS A STANDARD ADOPTED FOR A
PROTECTED SURFACE WATER PURSUANT TO A.R.S. § 49-221 AND, IN THE
CASE OF WATERS OF THE UNITED STATES, PURSUANT TO A.R.S. § 49-222.
STORMWATER POLLUTION PREVENTION PLAN MEANS A SITE-SPECIFIC,
WRITTEN DOCUMENT THAT IDENTIFIES POTENTIAL SOURCES OF
STORMWATER POLLUTION AT A SITE; DESCRIBES PRACTICES TO REDUCE
POLLUTANTS IN STORMWATER DISCHARGES FROM A SITE; AND IDENTIFIES
PROCEDURES THE SITE OPERATOR WILL IMPLEMENT TO COMPLY WITH THE
TERMS AND CONDITIONS OF AN AZPDES/NPDES PERMIT.
Uncontaminated means the absence of pollutants.

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Sec. 32C-102.
Declaration of nuisance.
A. A public nuisance is anything that is injurious or obnoxious to health or the
environment, or is offensive to the sense, or is an obstruction to the free use of property,
so as to interfere with the comfortable enjoyment of life or property by any considerable
number of persons, or which obstructs the free passage or use, in any customary
manner, of any street, alley, sidewalk, or other public right-of way.
B. It is hereby declared to be a public nuisance for any person to store, use,
manufacture, process, handle or release significant materials, pollutants, or stormwater
in a manner that causes or contributes to ANY OF THE FOLLOWING:
(1).
tThe conditions or circumstances as defined in subsection A of this
section;.
(2).
dDamage to a public right-of-way or public storm drain system;.
(3).
aA violation of an applicable SURFACE water quality standard;. or
(4).
aA violation of any applicable condition of aN stormwater
NPDES/AZPDES permit.
C.
An act is not a public nuisance if it is authorized in ANY OF THE FOLLOWING:
(1).
tThis chapter;.
(2).
aAn administrative rule, permit, plan approval, or other authorization
issued in compliance with this chapter;.or
(3).
aA NPDES/AZPDES permit.

Sec. 32C-103.
Prohibited and permitted practices.
A. It shall be unlawful for any A person to MAY NOT use, store, treat or dispose of
stormwater, pollutants, or significant materials in a manner that creates a public
nuisance as defined in Section 32C-102 of this chapter.
B. It shall be unlawful for any A person to MAY NOT release to a publicly owned right-
of-way, retention or detention basin, or public storm drain system any substance that is
not composed entirely of stormwater, except FOR THE FOLLOWING:
(1).
rReleases pursuant to an NPDES/AZPDES permit,.
(2).
rReleases resulting from emergency firefighting activities, and.
(3).
rReleases of materials as provided in subsection F, G or H of this section.
C. It shall be unlawful for any A person to MAY NOT install or use a direct connection
to the public storm drain system without WRITTEN permission of the City Manager.

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D. It shall be unlawful for any A person to fail to SHALL maintain best management
practices AND POST-CONSTRUCTION STORMWATER CONTROLS, including but not
limited to stormwater retention and detention basins, drywells, and storage structures.
MAINTAINING POST-CONSTRUCTION STORMWATER CONTROLS AND BMPS
MEANS ACHIEVING AND MAINTAINING THE ORIGINAL DESIGN INTENT FOR
DETENTION, RETENTION, AND TREATMENT. THE PERSON SHALL KEEP
WRITTEN RECORDS AND DOCUMENTATION OF ALL INSPECTIONS, CLEANING,
REPAIR, CALIBRATION, AND MAINTENANCE REQUIRED DEMONSTRATING
COMPLIANCE WITH THIS SUBSECTION. THE OWNER SHALL KEEP THE
RECORDS FOR A MINIMUM OF FIVE YEARS FROM THE DATE THE RECORD IS
CREATED AND SHALL MAKE THE RECORDS AVAILABLE TO THE CITY UPON
REQUEST.
E. It shall be unlawful for any person to, without good cause, A PERSON MAY NOT
interfere with or prohibit any City employee from conducting any activities in furtherance
of the requirements of this chapter, including conducting inspections and collecting
samples.
F. This section does not prohibit releases of stormwater from stormwater retention or
detention basins if a permit or approval is first obtained from the City Manager. A person
seeking such a permit or approval shall demonstrate that the release is not reasonably
expected to CONTAIN POLLUTANTS OR cause or contribute to a public nuisance as
defined in Section 32C-102 THIS CHAPTER.
G. This section does not prohibit releases from the following sources, provided those
releases are not a significant source of pollutants and are discharged in a manner that
does not create a public nuisance as defined in Section 32C-102 THIS CHAPTER:
1. Fire fighting system testing and maintenance, including hydrant flushings;
2. Discharges related to installation and maintenance of potable water supply
systems, including disinfection and flushing activities; discharges resulting from
pressure releases or overflows; and discharges from wells approved for drinking
water use;
3. Uncontaminated condensate from air conditioners, and other compressors and
from the outside storage of refrigerated gases or liquids;
4. Irrigation water;
5. Landscape watering provided all pesticides, herbicides, and fertilizer have been
applied in accordance with the approved labeling;
6. Pavement wash waters where no detergents are used and no spills or leaks of
toxic or hazardous materials have occurred (unless all spilled material has been
removed);
7. Routine external building wash-down that does not use detergents or other
chemicals;

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8. Water used to control dust, provided effluent or other wastewaters are not used;
9. Uncontaminated groundwater or spring water;
10. Foundation or footing drains where flows are not contaminated with process
materials such as solvents;
11. City street sweeping activities; and
12. Individual residential and not-for-profit/charitable organization fundraising
vehicle washing.
1.
WATER LINE FLUSHING
2.
LANDSCAPE IRRIGATION.
3.
DIVERTED STREAM FLOWS.
4.
RISING GROUND WATERS.
5.
UNCONTAMINATED GROUNDWATER INFILTRATION (AS DEFINED
AT 40 CFR 35.2005(B)(20)) TO SEPARATE STORM SEWERS.
6.
UNCONTAMINATED PUMPED GROUNDWATER.
7.
DISCHARGES FROM POTABLE WATER SOURCES.
8.
FOUNDATION DRAINS.
9.
AIR CONDITIONING CONDENSATION.
10.
IRRIGATION WATER.
11.
SPRINGS.
12.
WATER FROM CRAWL SPACE PUMPS.
13.
FOOTING DRAINS.
14.
LAWN WATERING.
15.
INDIVIDUAL RESIDENTIAL CAR WASHING.
16.
FLOWS FROM RIPARIAN HABITATS AND WETLANDS.
17.
DECHLORINATED SWIMMING POOL DISCHARGES.
18.
STREET WASH WATER.
19.
DISCHARGES OR FLOWS FROM EMERGENCY FIREFIGHTING
ACTIVITIES.

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H. This section does not prohibit releases to the public storm drain system that are
authorized pursuant to an NPDES/AZPDES permit; provided, that all conditions of that
permit are met and the City has been provided a copy of the applicable authorization to
discharge or other written proof of permit coverage. Examples of this include releases
authorized under the NPDES/AZPDES general permits for de minimis discharges or
stormwater discharges associated with industrial activity. An authorization under a
separate NPDES/AZPDES permit, however, does not exempt a person from preparing
a stormwater management plan and submitting it to the City, if required under Section
32C-104.

Sec. 32C-104.
Stormwater management plan.
A.
Any person who conducts an activity on nonresidential property or conducts an
activity for a fee or charge on residential property that has the reasonable potential to
affect the quality or volume of stormwater impounded upon or released from the
property, regardless of whether it is raining at the time, shall prepare a detailed written
stormwater management plan as described in this section. There is a rebuttable
presumption that a stormwater management plan is not required for activities conducted
within completely enclosed structures and in other areas that are permanently
inaccessible to contact with stormwater or other sources of water, including run-on and
run-off. A PERSON REQUIRED BY THIS SUBSECTION TO PREPARE A
STORMWATER MANAGEMENT PLAN SHALL PROVIDE THE PLAN TO THE CITY
UPON THE CITY’S REQUEST.
B.
Any person applying pursuant to any chapter of the Phoenix City Code for
authorization, permission, or a permit to perform or engage in an activity that has the
reasonable potential to affect the quality or volume of stormwater impounded upon or
released from their property as a result of the activity for which approval is sought shall
prepare and submit TO THE CITY a stormwater management plan.
C.
A stormwater management plan shall apply to all contiguous land under common
ownership or control, and shall specifically state the address of each parcel of property
subject to the plan. The A STORMWATER MANAGEMENT plan shall MUST include
ALL OF THE FOLLOWING:
1.
a A description of the types of all significant materials that will be on the
property;.
2.
A DESCRIPTION OF the land use and materials management practices
that could lead to the pollution of stormwater during all phases of existing and
proposed land use;.
3.
A DESCRIPTION OF the manner in which significant materials will be
used, stored, treated or disposed of; the methods to minimize, to the maximum
extent practicable, the pollution of stormwater;.

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4.
ALL BEST MANAGEMENT PRACTICES TO BE UTILIZED FOR THE
FOLLOWING:

a.
MANAGING LITTER.
b.
THE USE, STORAGE, TREATMENT, AND DISPOSAL OF
SIGNIFICANT MATERIALS.
c.
THE USE, STORAGE, AND DISPOSAL OF PESTICIDES
AND HERBICIDES.
d.
REDUCING THE VOLUME AND/OR VELOCITY OF
DISCHARGES TO A PUBLIC STORM DRAIN SYSTEM.
e.
THE USE OF LANDSCAPE FEATURES TO REDUCE THE
QUANTITY AND/OR VELOCITY OF STORMWATER OR A POLLUTANT
THAT MAY BE RELEASED OFF-SITE.
f.
MAINTENANCE OF RETENTION BASINS AND OTHER
POST-CONSTRUCTION STORMWATER CONTROLS AND FACILITIES.
g.
UNDERGROUND STORAGE AND OTHER TREATMENT
DEVICES.
h.
MAINTENANCE AND CLEANING OF STORAGE AREAS,
WORK AREAS, DRIVES, PARKING LOTS, VEHICLES, AND
BUILDINGS.
i.
ENSURING THAT SIGNIFICANT MATERIALS ARE NOT
EXPOSED TO DIRECT CONTACT WITH STORMWATER.
j.
SPILL PREVENTION AND REMEDIATION.
5.
and aAny additional information concerning stormwater management and
pollution prevention efforts that are or will be prepared OR USED to comply with
any FEDERAL, STATE, OR LOCAL rules, REGULATIONS, OR PERMITS or
NPDES/AZPDES permits issued pursuant to the portions of 40 CFR Part 122
that relate to discharges of stormwater. The stormwater management plan shall
be provided to the City Manager upon request by the City.
D. A stormwater management plan may apply to more than one parcel of property so
long as the activities on the properties are sufficiently similar that a single plan is
appropriate. A STORMWATER MANAGEMENT PLAN MUST APPLY TO ALL
CONTIGUOUS LAND UNDER COMMON OWNERSHIP OR CONTROL AND MUST
SPECIFICALLY STATE THE ADDRESS OF EACH PARCEL OF PROPERTY
SUBJECT TO THE PLAN. A stormwater management plan is not transferable to new
property owners and/or operators.
E. THE CITY MANAGER WILL NOT ISSUE Ppermits, approvals or other
authorizations that require stormwater management plans as provided in subsection B

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of this section shall not be issued until the City Manager has received the applicable
stormwater management plan. If significant materials are not at all times managed in
substantial compliance THE CITY MANAGER MAY MODIFY OR REVOKE THE CITY
PERMIT, APPROVAL, OR AUTHORIZATION IF SIGNIFICANT MATERIALS ARE NOT
MANAGED IN ACCORDANCE with the applicable stormwater management plan, or if
the authorized activity causes or contributes to violations of this chapter, the City
Manager may modify or revoke the City permit, approval or other authorization.
F. A stormwater management plan shall include, to the extent applicable, best
management practices for: managing litter; the use, storage, treatment, and disposal of
significant materials; the use and disposal of pesticides and herbicides; reducing the
velocity of releases to a public storm drain system; the use of landscape features to
reduce the quantity and velocity of stormwater that may be released off-site;
maintenance of retention basins and other stormwater management devices and
facilities; underground storage and other treatment devices; maintenance and cleaning
of parking lots and buildings; and ensuring that significant materials are not exposed to
direct contact with stormwater; and documented employee and contractor training.
G F. The A persons identified in subsections A and B of this section shall fully
implement their stormwater management plan. and are required to revise that
stormwater management plan as necessary iIf the affected property or activities at the
property are modified in a manner that may cause a material detrimental change in the
volume, velocity, or quality of stormwater released off site, THE PERSON MUST
PROMPTLY REVISE AND IMPLEMENT THE PERSON’S STORMWATER
MANAGEMENT PLAN TO MAINTAIN COMPLIANCE WITH THIS CHAPTER.
H G. The City Manager reserves the right to MAY require amendments to a
stormwater management plan as deemed THE CITY MANAGER DETERMINES
necessary to reduce or eliminate pollutant sources from reaching the publicly owned
storm drain system or environment.
I H. A stormwater pollution prevention plan (SWPPP) that complies with a stormwater
NPDES/AZPDES permit and applicable requirements of 40 CFR Part 122 may be used
as part or all of the stormwater management plan required by this section.

Sec. 32C-105.
City authorized discharges.
A. The City Manager may permit or allow a facility or person to release
uncontaminated non-stormwater to the PUBLIC storm drain system OR PUBLIC
RIGHT-OF-WAY as necessary and with specific restrictions IF THE CITY MANAGER
DETERMINES THAT THE RELEASE WILL NOT CAUSE A VIOLATION OF A
SURFACE WATER QUALITY STANDARD OR A CONDITION OF A NPDES/AZPDES
PERMIT. THE CITY MANAGER MAY CONDITION THE RELEASE AS NECESSARY
TO ENSURE COMPLIANCE WITH THIS CHAPTER. Similarly, the City may allow the
discharge of uncontaminated stormwater from on-site retention areas. Each approved
permit shall have a fee of not less than $1,000.00 per year. Each permit shall not extend

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beyond five years in duration. It shall be the permittee’s responsibility to reapply as
stated in the permit. The permittee shall comply with applicable Arizona ALL Ssurface
Wwater Qquality Sstandards designated by the City.
B.
THE FEE FOR A PERMIT APPROVED UNDER THIS SECTION IS AT LEAST
$1,000.00 PER YEAR. THE DURATION OF THE PERMIT MAY NOT EXCEED FIVE
YEARS. THERE IS NO PERMIT FEE IF THE Uuncontaminated stormwater or non-
stormwater discharges that are infrequent (less NO MORE FREQUENT than twice per
calendar year) and low volume (less than 50,000 gallons per discharge) shall not be
required to pay a permit fee. Additionally, dDischarges authorized under and in
compliance with an NPDES/AZPDES permit are not required to obtain a City discharge
permit or pay a permit fee.
C. Permits issued under the requirements of this chapter shall not relieve the owner of
the responsibility for securing required permits for work to be done that is regulated by
any other ordinance, department, or division of the City of Phoenix or other governing
agency. COMPLIANCE WITH THIS SECTION DOES NOT RELIEVE, MODIFY, OR
OTHERWISE AFFECT A PERSON’S OBLIGATION TO COMPLY WITH ANY OTHER
APPLICABLE FEDERAL, STATE, OR LOCAL LEGAL REQUIREMENT.

Sec. 32C-106.
Inspections.
A. The City Manager is authorized to enter and inspect real property, structures, and
buildings AT REASONABLE TIMES AND IN A REASONABLE MANNER as necessary
to assess compliance with this chapter or a stormwater NPDES/AZPDES permit. These
inspections shall WILL be conducted in accordance with applicable constitutional or
statutory requirements. A PERSON SUBJECT TO THE REQUIREMENTS OF THIS
CHAPTER SHALL ALLOW ALL INSPECTION, MONITORING, AND ACCESS TO
RECORDS, DOCUMENTS, AND OTHER INFORMATION REASONABLY NEEDED BY
THE CITY MANAGER FOR THE PURPOSES OF ADMINISTERING THIS CHAPTER.
A PERSON SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER THAT DENIES
A CITY REPRESENTATIVE REASONABLE ACCESS TO ITS PREMISES IS IN
VIOLATION OF THIS CHAPTER.
B. Inspections conducted pursuant to this chapter may be expanded to include items
covered by other chapters of the Phoenix City Code that relate to the quality or
management of stormwater AND ASSOCIATED STORMWATER DEVICES AND
CONTROLS.
C. The City Manager may collect and analyze samples of stormwater and significant
materials, install and require the installation of stormwater sampling and measurement
devices, and examine records concerning significant materials and stormwater
activities.

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Sec. 32C-107.
Violations and penalties.
A. The remedies specified herein IN THIS CHAPTER are cumulative, and the City
Manager, or the City Attorney, may proceed under these or any other remedies
authorized by law. In addition to any other authorized remedies, a person who violates
any provision of this chapter shall be guilty of a CLASS 1 misdemeanor. Each day of
violation shall be a separate offense.
B. Any person having control over an activity or any real property, or who causes,
authorizes, facilitates, aids or abets ASSISTS any violation of any provision of this
chapter, or who fails to abate any nuisance or prohibited practice for which the person is
responsible, is guilty of a Class 1 misdemeanor.
C. The City Manager may issue a notice of violation, COMPLIANCE ORDER, or other
compliance and enforcement documentation to any person who has violated or is in
violation of this chapter. Failure to perform any act required in the notice of violation,
COMPLIANCE ORDER, OR OTHER COMPLIANCE AND ENFORCEMENT
DOCUMENTATION shall be a separate violation for each day the violation continues
beyond the DATE OF THE notice of violation date COMPLIANCE ORDER, OR OTHER
COMPLIANCE AND ENFORCEMENT DOCUMENTATION.
D. THE CITY MANAGER MAY ENTER INTO CONSENT ORDERS, ASSURANCES
OF VOLUNTARY COMPLIANCE, NEGOTIATED SETTLEMENT AGREEMENTS OR
OTHER SIMILAR DOCUMENTS ESTABLISHING AN AGREEMENT WITH ANY
PERSON RESPONSIBLE FOR NONCOMPLIANCE.. THESE DOCUMENTS HAVE
THE SAME FORCE AND EFFECT AS ANY OTHER ORDERS ISSUED UNDER THIS
ARTICLE AND MAY BE ENFORCED BY A COURT OF COMPETENT JURISDICTION.
DE. The transfer of ownership, possession, or control of real property to another
person does not relieve the transferor of responsibility for violations of this chapter, as
provided in subsection B of this section, which occurred before the transfer unless the
transferee accepts responsibility IN WRITING for the violations.
EF. A person who violates this chapter is subject to a civil action in any court of
competent jurisdiction to collect a civil sanction of not less than $50.00 nor more than
$2,500.00 for each violation. Each day of each violation shall constitute a separate civil
offense VIOLATION. THE CITY MANAGER MAY REQUEST THE CITY ATTORNEY
COMMENCE AN ACTION IN A COURT OF COMPETENT JURISDICTION TO
RECOVER THE CIVIL PENALTIES.
FG. The owner of record of the property upon which a violation of this chapter occurs
shall be IS presumed to be a person having lawful control over an activity or real
property, unless it is demonstrated THE OWNER ESTABLISHES that another person
has knowingly and in good faith accepted responsibility for the activity or property at
issue. If more than one person is identified as the owner of record, such THOSE
persons shall be presumed to be ARE jointly and severally in lawful possession and
control of the activity or land.

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GH. Any person causing or contributing to a violation of this chapter or a permit issued
in accordance herewith PURSUANT TO THIS CHAPTER shall notify the City
immediately upon learning of the events that resulted in the violation. WITHIN FIVE
DAYS OF SUBMITTING Tthis notification, THE PERSON shall be followed within five
days by SUBMIT TO THE CITY a detailed written statement describing the cause of the
violation and the measures being taken to prevent reoccurrence. Neither the submission
to the City of the original notification nor the detailed written statement will relieveS the
person of liability for any expense, loss or damage to the publicly owned storm drain
SYSTEM, or for any fines imposed on or by the City on account thereof FOR A
VIOLATION OF THIS CHAPTER OR A NPDES/AZPDES PERMIT.

Sec. 32C-108.
Requirement to monitor, analyze and remediate.
A. Where a reasonable basis exists to conclude that a person engaged in any activity
and/or owning or operating any property has violated this chapter, the City Manager
may require by written notice that said THE person undertake, at their expense, such
monitoring and analyses and furnish the resulting reports to the City as deemed
necessary to determine compliance with this chapter.
B. Where a person engaged in any activity and/or owning or operating any property
has violated this chapter, the City Manager may require by written notice that said THE
person remediate or restore, within a specified period of time, any property, conveyance
or equipment contaminated by or otherwise adversely affected by the activities giving
rise to the violation.

Sec. 32C-109.
Stormwater treatment devices.
A. Where necessary in the opinion of tThe City Manager, any MAY REQUIRE A
person that seeks to use a direct connection to the public storm drain system shall TO
provide, at their THE PERSON’S SOLE expense, such treatment devices, facilities or
interceptors as may be necessary to reduce the objectionable characteristics or
constituents of the released water to within COMPLY WITH the limits provided for in this
chapter. THE PERSON SHALL SUBMIT Pplans, specifications, and any other pertinent
information relating to proposed treatment devices, facilities or interceptors shall be
submitted TO THE CITY MANAGER for approval of the City Manager. No construction
of such THE PERSON MAY NOT CONSTRUCT THE treatment devices, facilities or
interceptors shall be commenced until the written approval from the City is obtained.
City approval of the plans and inspection of the construction shall DOES not relieve the
owner from complying with the release limits set forth in this chapter.
B. Where treatment devices, facilities or interceptors are used in direct connection to
the public storm drain system, THE OWNER SHALL MAINTAIN CONTINUOUSLY AT
THEIR OWN EXPENSE those devices, facilities or interceptors shall be maintained
continuously in satisfactory and effective operation by the owner at their expense

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Ordinance G-xxxx

CONSISTENT WITH THE ORIGINAL DESIGN AND INTENT OF THE DEVICES,
FACILITIES, OR INTERCEPTORS. The owner shall keep written records and
documentation of all cleaning, repair, calibration and maintenance required
demonstrating compliance with this section. Records shall be kept at the property upon
which the treatment devices, facilities or interceptors are located for a minimum of five
years and be made available to the City upon request.
C. All treatment devices, facilities and interceptors shall MUST be of a type and
capacity approved by the City Manager and shall MUST be located as to be readily and
easily accessible for cleaning and inspection. Additionally, interceptors shall MUST be
constructed of impervious materials capable of withstanding abrupt and extreme
changes in temperature; shall MUST be of substantial construction, watertight, and
equipped with easily removable covers when a bolted cover is required.
D.
THE OWNER SHALL KEEP WRITTEN RECORDS AND DOCUMENTATION
OF ALL INSPECTIONS, CLEANING, REPAIR, CALIBRATION, AND MAINTENANCE
REQUIRED DEMONSTRATING COMPLIANCE WITH THIS SECTION. THE OWNER
SHALL KEEP THE RECORDS FOR A MINIMUM OF FIVE YEARS FROM THE DATE
THE RECORD IS CREATED AND SHALL MAKE THE RECORDS AVAILABLE TO
THE CITY UPON REQUEST.

Sec. 32C-110. Low impact development (LID)GREEN STORMWATER
INFRASTRUCTURE.
THROUGH THE ADMINISTRATION OF THIS CHAPTER, Tthe City Manager shall
where reasonable and practical WILL encourage low impact development or the use of
green methods or structures STORMWATER INFRASTRUCTURE to control the
release of pollutants into the PUBLIC storm drain system.

PASSED by the Council of the City of Phoenix this xxth day of ______,
2023.
____________________________________
M A Y O R
ATTEST:
____________________________
Denise Archibald, City Clerk

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Ordinance G-xxxx

APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney

By:____________________________
_______________________________

REVIEWED BY:

______________________________
Jeffrey J. Barton, City Manager
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