029 of 2020 - Storm Sewer System Ordinance AmendmentsSALT LAKE CITY ORDINANCE
No. _____ of 2020
(Storm Water Control)
An ordinance amending Chapters 17.78, 17.84, 17.87 of the Salt Lake City Code
pertaining to non-storm water discharges to storm sewer systems and watercourses.
WHEREAS, the Department of Public Utilities desires to increase protection of the
City’s storm sewer system and watercourses within the City from unlawful discharges; and
WHEREAS, the City Council intends in enacting this ordinance to provide the
Department of Public Utilities with regulatory authority to prevent, prohibit, and take
enforcement measures in response to unlawful discharges; and
WHEREAS, the State has issued a municipal separate storm sewer permit (“MS4
Permit”) to Salt Lake City with which Salt Lake City must comply; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the City’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending text of Salt Lake City Code Chapter 17.78 Definitions. That
section 17.78.100 of the Salt Lake City Code Storm Water Control Ordinance, shall be, and
hereby is, amended to read as follows:
17.78.100: TERMS DEFINED:
For purposes of chapters 17.81 through 17.91, inclusive, of this title, the following words, terms
and phrases shall have the following meanings:
BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of
practices, maintenance procedures, treatment requirements, operating practices, techniques,
methodologies or other management practices that, through experience and research, have
proven reliable to prevent or reduce pollutants from entering the storm sewer system, and that are
recognized, required, or accepted as BMPs under the clean water act, the water quality act, and
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related rules, regulations, guidance documents and storm water permits issued thereunder. All
BMPs shall be designed and installed to allow for necessary maintenance as specified in its
design manual for each BMP. BMPs shall be an integral part of an SWPPP as necessary for
compliance with a UPDES permit, or a city discharge permit under chapter 17.84 of this title.
CITY: Salt Lake City Corporation, a municipal corporation of the state.
CITY DISCHARGE PERMIT: A permit to discharge storm water into the city’s storm sewer
system, issued pursuant to section 17.84.400 of this title.
CLEAN WATER ACT: The federal water pollution control act, 33 U.S.C. section 1251 et seq.,
as amended, including all related rules and regulations.
CONSTRUCTION ACTIVITY: Activities for which a UPDES general construction storm water
permit, as defined in the rules promulgated under the clean water act, must be obtained. These
include construction activities such as clearing and grubbing, grading, excavating and demolition
that disturb one acre of land or more, including projects less than one acre that are part of a larger
common plan of development.
COUNCIL: The Salt Lake City council.
COUNTY: Salt Lake County, Utah.
DEPARTMENT: The city’s department of public utilities.
DEVELOPED PARCEL: Any parcel which has been altered by grading or filling of the ground
surface, or by construction of any improvements or other impervious surface area that affects the
hydraulic properties of the parcel.
DIRECTOR: The director of the department, or the director’s duly authorized designee.
DISCHARGE: Any addition, injection, pumping, spilling, dumping, emitting, emptying,
leaching, or introduction of any material so that such material, directly or indirectly, enters into
the storm sewer system or any watercourse. Discharge includes any storm water runoff.
DISCHARGE PERMIT: Means and includes any permit regulating discharges into the storm
sewer system, including a UPDES permit, and a city discharge permit.
EPA: The U.S. environmental protection agency.
EQUIVALENT RESIDENTIAL UNIT OR ERU: The unit of measurement of the magnitude of
use of the storm sewer system attributable to a developed parcel. One ERU is equal to the storm
water runoff from a developed parcel containing two thousand five hundred (2,500) square feet
of combined impervious surface area, in any configuration, which is the estimated contribution
of storm water runoff from the average single-family residential dwelling unit and accompanying
parcel of land.
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ILLICIT CONNECTION: An illicit connection is defined as either of the following: (1) Any
drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to
enter the storm sewer system including but not limited to any conveyances which allow any non-
storm water discharge including sewage, process wastewater, and wash water to enter the storm
sewer system and any connections to the storm sewer system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or (2) Any drain or conveyance connected from
any land use to the storm sewer system and that has not been documented in plans, maps or
equivalent records and approved by an authorized agency.
ILLEGAL DISCHARGE: Any direct or indirect discharge to the municipal separate storm
sewer system that is not composed entirely of storm water, except for discharges allowed under a
city discharge permit, a UPDES permit, or waters used for emergency firefighting operations.
IMPERVIOUS SURFACE: That hard surface area of a developed parcel that either prevents or
retards the entry of water into the soil mantle and/or causes water to run off the surface in greater
quantities or at an increased rate of flow from that which would be present under natural
conditions. Impervious surfaces may include, but are not limited to, rooftops, concrete or asphalt
paving, walkways, patios, driveways, parking lots or storage areas, trafficked gravel, or other
surfaces which similarly impede the natural infiltration into the ground of runoff of storm and
surface water.
INDUSTRIAL ACTIVITY: Generally, activity for which a UPDES permit is required. Industrial
activity is more particularly defined in 40 CFR section 122.26(b)(14) and Utah administrative
rule R.317-8-2.5, which definitions are incorporated herein by reference. Such activities include,
by way of example, manufacturing, processing or raw materials storage at an industrial plant,
and most construction activity on parcels of one acre and greater or part of a larger common plan
of development.
NON-STORM WATER DISCHARGE. Any discharge to the storm sewer system that is not
composed entirely of storm water.
ON PARCEL MITIGATION OR MITIGATION: Post-construction storm water control facilities
designed to city standards located on the parcel, which either hold runoff for a short period of
time and release it to the storm sewer system, or hold water for a considerable length of time and
disperse it by evaporation or infiltration into the ground.
OPERATOR: With respect to any industrial activity or construction activity, the person or
persons who either individually or taken together meet the following two (2) criteria: a) they
have operational control over the site specifications (including the ability to make modifications
in specifications); and b) they have the day to day operational control of those activities at the
site necessary to ensure compliance with SWPPP requirements and any permit conditions.
PARCEL: The smallest separately segregated unit or plot of land which is documented and given
a property serial number by the county.
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PERSON: Any individual, partnership, co-partnership, firm, limited liability company,
corporation, association, joint stock company, trust, estate, government entity or any other entity
recognized by law, and any offices, departments, institutions, bureaus or agencies thereof, or any
other entity recognized by law and acting as either the owner or as the owner’s agent.
POLLUTANT: Anything that causes or contributes to pollution. Pollutant includes, without
limitation, dredged soil, solid waste, salt piles, incinerator residue, sewage, garbage, sewage
sludge, filter backwash, munitions, chemical wastes, biological materials, toxic materials,
radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, petroleum
products, and industrial, municipal, recreational and agricultural waste.
POLLUTION: means any man-made or man-induced alteration of the chemical, physical,
biological, or radiological integrity of any waters of the State, unless such alteration is necessary
for the public health and safety. Alterations which are not consistent with the requirements of the
Clean Water Act and implementing regulations shall not be deemed to be alterations necessary
for the public health and safety. A discharge not in accordance with Utah Water Quality
Standards, stream classification, and UPDES permit requirements, including technology-based
standards shall be deemed to be pollution.
PREMISES: Any building lot, parcel, or portion of land whether improved or unimproved,
including adjacent sidewalks and parking strips.
PROHIBITED DISCHARGE: Any discharge prohibited by section 17.84.100 of this title.
RESPONSIBLE PARTY:
A. An operator;
B. A person or entity who discharges to the storm sewer system or any watercourse, whether
or not pursuant to a discharge permit; or
C. A person or entity responsible for emergency response for a facility or operation.
SINGLE-FAMILY RESIDENTIAL PARCEL: Any parcel of land which is improved with a
“"dwelling unit"” as defined by subsection 17.72.030B3 of this title.
STATE: The state of Utah.
STORM WATER: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation, and resulting from such precipitation.
STORM WATER POLLUTION PREVENTION PLAN OR SWPPP: A plan that describes and
ensures the implementation of the best management practices and activities to be implemented
by a person or business to identify sources of pollution or contamination at a site, and the actions
to eliminate or reduce pollutant discharges to storm water, the storm sewer system and/or
receiving waters to the maximum extent practicable.
STORM WATER RULES: The rules promulgated by the state relating to storm water
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discharges, and set forth in Utah administrative rule R.317-8-3.9.
STORM SEWER FACILITIES: Any facilities comprising part of the storm water sewer system.
STORM SEWER SYSTEM: The city-owned and operated system of conveyances designed or
used for collecting, storing, controlling, treating and/or conveying storm water. This system
includes, but is not limited to, sidewalks, roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade or altered channels, reservoirs or piped storm drains.
This system does not include any part of the sanitary sewer system.
STORM SEWER UTILITY: The utility created in section 2.08.100 of this code, which operates,
maintains, regulates and improves storm water facilities and programs within the city.
UPDES PERMIT: A permit issued by the Utah Department of Environmental Quality that
authorizes the discharge of pollutants to waters of the state, whether the permit is applicable on
an individual, group or general area-wide basis.
UNDEVELOPED PARCEL: Any parcel which is not a developed parcel.
UTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM OR UPDES PROGRAM: The
program delegated to the state by the EPA pursuant to 33 USC section 1342(b) and sections 19-
5-101 to 123 of the Utah code.
VIOLATION: A violation of any provision of any storm water discharge permit, chapters 17.81
through 17.91, inclusive, of this title or any order, rule or regulation issued or promulgated
hereunder.
WASTEWATER: Wastewater means any water or other liquid, other than uncontaminated
storm water or allowable non-storm water, discharged from a facility.
WATER QUALITY ACT: The statute codified at section 19-5-101 et seq., Utah Code, as
amended, including all related rules and regulations.
WATERCOURSE: Aqueducts, pipelines, natural or artificial streams or channels through or in
which water at any time flows.
SECTION 2. Amending text of Salt Lake City Code Chapter 17.84. That Chapter 17.84
of the Salt Lake City Code Storm Water Control Ordinance, shall be, and hereby is, amended to
read as follows:
17.84.100: PROHIBITED DISCHARGES AND CONNECTIONS:
Except as authorized by this chapter, or by applicable federal or state law, it shall be unlawful to:
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A. Make any discharge for which a discharge permit is required, without first obtaining a
discharge permit;
B. No person shall discharge or cause to be discharged into the municipal storm sewer
system or watercourses any materials, including but not limited to pollutants or waters
containing any pollutants that cause or contribute to a violation of applicable water
quality standards, other than storm water. The commencement, conduct or continuance of
any illegal discharge to the storm drain system is prohibited except as described as
follows:
1. Discharges made in full compliance with the terms and conditions of a discharge
permit;
2. water line flushing or other potable water sources;
3. landscape irrigation or lawn watering;
4. diverted stream flows;
5. rising ground water;
6. ground water infiltration to storm drains;
7. uncontaminated pumped ground water;
8. foundation or footing drains (not including active groundwater dewatering
systems);
9. crawl space pumps;
10. air conditioning condensation;
11. springs;
12. non-commercial washing of vehicles;
13. residential street wash water;
14. natural riparian habitat or wet-land flows;
15. dechlorinated swimming pools;
16. fire-fighting activities; and
17. any other water source not containing pollutants.
C.It shall be unlawful to construct, use, maintain or allow to remain in place an illicit
connection, whether or not the connection was permissible under law or practices
applicable or prevailing at the time of connection.
17.84.200: PREVENTING ACCIDENTAL DISCHARGE:
Any person conducting an activity which can reasonably be anticipated to create the risk of a
prohibited discharge shall provide adequate protection against accidental discharge through the
use of structural and nonstructural BMPs. Such BMPs include, but are not limited to: a)
implementing procedures or practices which tend to reduce the likelihood of an accidental
discharge, and b) installing structures or facilities designed to prevent such accidental discharge.
BMPs to prevent an accidental discharge shall be provided and maintained at the person’s own
cost and expense. The department shall have reasonable access as defined under 17.84.500 for
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inspection of all post-construction structural controls. Failure to provide or maintain such BMPs,
or any discharge resulting from such failure, shall be considered a violation of this chapter.
17.84.300: CITY DISCHARGE PERMIT:
A. The Director may require a City Discharge permit for allowable non-storm water
discharges to the storm sewer system.
B. Any person required to obtain an UPDES permit in connection with storm water
discharges associated with industrial activity, including construction activity, or to
operate under authority of such a permit, as required by the applicable provisions of the
clean water act and/or the water quality act shall: 1) obtain such permit as required and
comply with all provisions of such permit and, in addition 2) obtain a city discharge
permit from the department and comply with the provisions thereof.
C. The term of the city’s discharge permit shall be concurrent with the applicable UPDES
permit.
D. Persons required to obtain a city discharge permit pursuant to this section must file an
application for a first time city discharge permit within sixty (60) days after the effective
date hereof.
E. No person may commence industrial activity, including construction activity, until a city
discharge permit required by subsection B of this section has been issued by the
department. The city shall not issue a building permit for any project constituting
industrial activity, including construction activity, until a city discharge permit has been
issued.
F. The director may include in a city discharge permit any and all reasonable requirements
necessary to prevent a prohibited discharge to the storm sewer system, including
requirements to control erosion and sediment, waste such as discarded building materials,
concrete truck washout, chemicals, litter and sanitary waste, or any other pollutant, that
may cause adverse impacts to water quality.
17.84.400: CITY DISCHARGE PERMIT APPLICATION PROCESS:
A. An application for a city discharge permit shall be submitted in writing to the director,
and shall include, at a minimum, the following information: 1) the name and mailing
address of the applicant, 2) the location of discharge, 3) the nature and general
description of the activity giving rise to the discharge or potential discharge, 4) a copy of
the applicant’s application for an UPDES permit if applicable, and 5) any other
information reasonably requested by the director. The city anticipates that a full and
complete application for an UPDES permit, including all attachments, may be sufficient
to satisfy these requirements.
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B. The director may charge an application fee shown on the Salt Lake City consolidated fee
schedule in an amount reasonably determined by the director to be sufficient to recoup
the costs of the application process, but not to exceed the amount shown on the Salt Lake
City consolidated fee schedule.
C. Within five (5) business days after submission of a completed application to the director,
the director shall evaluate the application and either approve or deny the application. If
approved, the city discharge permit issued by the director shall be accepted in writing by
the applicant.
17.84.500: INSPECTION RIGHT OF ENTRY:
A. Applicability. This section applies to all properties, including: (1) industrial facilities, (2)
commercial facilities, and (3) parcels undergoing construction activities, that have storm
water discharges regardless of whether associated with a city discharge permit.
B. All dischargers shall grant the director reasonable access to all relevant parts of the
premises for the purposes of inspection, sampling, examination, copying of records that
must be kept under the conditions of any discharge permit or agreements, monitoring
compliance with all discharge permits, and performing any additional duties as defined
by state and federal law. "Reasonable access" means, at a minimum, access during
normal business hours, without prior notice, to all portions of a parcel and the
improvements thereon which may contribute to a storm water discharge, subject only to
bona fide safety or security precautions. Each city discharge permit or other agreement if
applicable shall contain provisions granting the city appropriate inspection rights. If the
applicant has bona fide safety or security measures in force, the applicant shall make the
necessary arrangements to allow prompt access by personnel from the city or its
designated enforcement agent.
C. The director shall have the right to set up on any operator’s property or any other
representative location such devices as are deemed necessary to conduct sampling,
inspection, compliance monitoring and/or metering of the facility’s discharges.
D. The director may require the operator to install sampling and monitoring equipment at the
operator’s expense. This sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the operator, at its own expense. All
devices used to measure storm water flow and quality shall be calibrated to ensure
accuracy.
E. Any temporary or permanent obstruction to safe and easy access to the area or facility to
be inspected or sampled shall, unless part of a BMP, be promptly removed by the
operator at the written or verbal request of the director. The costs of providing such safe
and easy access shall be borne by the operator.
F. The director’s request for reasonable access to a facility for the purposes of conducting
any activity authorized or required by this chapter shall not be unreasonably delayed by
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an operator. Any unreasonable delay or refusal of access constitutes a violation of this
ordinance and any discharge permits or applicable agreements.
17.84.600: REQUIREMENT FOR USE OF BEST MANAGEMENT PRACTICES:
A. The director may adopt policies and procedures requiring BMPs for any activity,
operation, or facility which may cause or contribute to a prohibited discharge.
B. Any person responsible for a parcel which is, or may become, the source of a prohibited
discharge shall be required to implement, at said person’s expense, additional structural
and nonstructural BMPs to prevent a prohibited discharge.
C. Compliance with all terms and conditions of a valid UPDES permit shall be deemed
compliance with all similar requirements of this section.
D. Any person required to implement additional structural and nonstructural BMPs to
prevent a prohibited discharge shall maintain such BMPs at the sole expense of the
person. Certification of an annual inspection of all structural and nonstructural BMPs by
a qualified inspector may be required to be submitted to the Department.
E. Failure to maintain required BMPs and submit an annual inspection certification by a
qualified inspector in a form acceptable by the Department may be deemed a violation of
this chapter.
17.84.700: WATERCOURSE PROTECTION:
Every person owning or occupying a parcel through which a watercourse passes shall keep and
maintain that portion of the watercourse within such parcel free of trash, debris, excessive
vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow
of water through the watercourse. In addition, such person shall maintain existing privately
owned structures within or adjacent to the watercourse so that such structures will not become a
hazard to the use, function, or physical integrity of the watercourse.
17.84.800: ACCIDENTAL DISCHARGES:
A. This section shall apply to any person responsible for a facility, operation, or parcel, or
responsible for emergency response for a facility, operation or parcel, whether or not a
discharge permit is required to be obtained in connection with such facility, operation or
parcel.
B. Notwithstanding other provisions of law, as soon as a person described in subsection A of
this section has information of any known or suspected release of materials which are
resulting, or may result, in a prohibited discharge, such person shall take the following
actions:
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1. Such person shall take all necessary steps to ensure the recovery, containment and
cleanup of such release.
2. Such person shall immediately notify the director of the incident by telephone. This
notification shall be in addition to, and not in lieu of, any other notifications required
under applicable law. The notification shall include location of the release, the type,
concentration and volume of the material, and any corrective actions taken or
planned.
3. Such person shall, within five (5) days following the incident, submit to the director a
detailed written report describing the cause of the release and the measures to be
taken to prevent similar future occurrences. Such notification shall not relieve the
person of any expense, loss, damage or other liability which may be incurred as a
result of the release, nor shall such notification relieve the person of any fines, civil
penalties or other liability which may be imposed by this chapter or other applicable
law.
4. A notice shall be posted on the person’s bulletin board or other prominent place
advising employees of the incident, and of any possible dangers and safety
precautions to be taken. Such notice shall also include recommended measures to
prevent future releases.
5. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on-site
written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
C. Each person subject to this section shall ensure that all employees are familiar with the
requirements of this section.
17.84.900: RELEASE OF STORM WATER OR DISCHARGE ONTO OTHER
PROPERTY PROHIBITED
It shall be unlawful to knowingly, intentionally or recklessly: a) release or direct the flow of
storm water into any conveyance facilities, or onto any property, or b) make any discharge into
any conveyance facilities or onto any property, without the legal right to do so. Violation of this
section shall constitute a class B misdemeanor.
SECTION 3. Amending text of Salt Lake City Code Chapter 17.87. That sections
17.87.350, 17.87.400, 17.87.500, 17.87.600, and 17.87.950 of the Salt Lake City Code Storm
Water Control Ordinance, shall be, and hereby is, amended to read as follows:
17.87.350: ADMINISTRATIVE FINES; COSTS OF REMEDIATION :
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A. Notwithstanding any other section of this chapter and chapters 17.81 and 17.84 of this title,
any responsible party determined by the director, without regard to intent or negligence, to
be in violation of this chapter and/or chapter 17.81 and/or 17.84 of this title may be fined in
an amount not greater than ten thousand dollars ($10,000.00) per violation, per day, as
determined by the director in his or her reasonable discretion; provided, however, that any
fine based on a violation of section 17.84.900 of this title shall not exceed the fine imposed
for a class B misdemeanor.
1. The director may adopt an escalating fine schedule for penalties assessed under
subsection A that allows for increased penalties for multiple violations.
2. Penalties assessed under subsection A may be increased and/or trebled, in the
director’s discretion, where the responsible party has received another notice of
violation at any time; for violations resulting in physical harm to persons or to private
or public property; for knowing or deliberate violations; or for violations resulting
from grossly negligent or reckless conduct.
B. The director may charge a responsible party for all costs related to an administrative
enforcement action, including but not limited to inspections, sampling, monitoring and
preparing such as notices and orders, which charge may be assessed whether or not a fine
under subsection A of this section is also imposed.
C. The director may also charge a responsible party for the actual costs and expenses incurred
by the city after the effective date hereof to respond to any prohibited discharge, regardless
of whether such prohibited discharge occurs prior to or after the effective date hereof .
Such charges may include all labor, equipment and materials used by the city, costs
incurred to address damages to or contamination of the storm sewer system, watercourses
or any public private property, public health studies or other assessments, and all related
administrative costs. Such charge may be assessed whether or not a fine under subsection A
of this section is also imposed.
D. Assessments for fines and/or costs may be added to the responsible party’s next scheduled
storm water utility service charge, and the director shall have such other collection
remedies as may be available for other service charges and fees.
E. Unpaid charges, fines, assessments and penalties shall, after sixty (60) calendar days, be
assessed an additional penalty of ten percent (10%) of the unpaid balance. Thereafter,
interest on any unpaid balances, including penalties, shall accrue at a rate of one percent
(1%) per month. A lien against the responsible party’s property may be sought for unpaid
charges, fines, and penalties. Unpaid charges, fines, assessments and penalties shall be
judicially enforceable by the City in any court of competent jurisdiction, and the City may
recover all reasonable attorney fees, court costs, and other expenses of litigation related to
such enforcement.
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F. Responsible parties desiring to dispute such fines or assessments must file a written request
for the director to reconsider the fine or assessment, along with full payment thereof, within
thirty (30) days after being notified of the fine or assessment. The director shall convene a
hearing on the matter within fourteen (14) days after receiving the request from the
responsible party. In the event the director determines that all or any portion of the fines,
assessments or charges were improper, such amounts paid by the responsible party to the
director shall be returned to the responsible party, without interest.
G. The imposition of fines, assessments or other charges shall not be a prerequisite for taking
any other action against the responsible party.
17.87.400: EMERGENCY SUSPENSIONS:
The director may order the immediate suspension or shutoff of a responsible party's discharge or
storm sewer system access (after informal notice to the responsible party) whenever such
suspension or shutoff is necessary in order to stop an actual or threatened discharge which
reasonably appears to present or cause a risk of an imminent or substantial:
A. Damage to the storm sewer system or harm to the receiving waters,
B. Endangerment to the health, safety or welfare of any person served by the storm sewer
system,
C. Interference with the operation of the storm sewer system,
D. Violation of the city's discharge permit or agreements, or
E. Endangerment to the environment.
Any responsible party notified of a suspension of its discharge shall immediately stop or
eliminate its contribution or discharge. In the event of a responsible party's failure to
immediately comply voluntarily with the suspension order, the director may take such steps
as deemed necessary, including immediate severance of the storm sewer system connection,
to enforce such order. The director shall allow the responsible party to recommence its
discharge when the responsible party has demonstrated to the satisfaction of the director that
the period of endangerment has passed, unless the termination proceedings set forth in
section 17.87.450 of this chapter are initiated against the responsible party. A responsible
party that is responsible in whole or in part, for any discharge presenting imminent
endangerment, shall submit to the director a detailed written statement describing the causes
of the harmful contribution and the measures taken to prevent any future occurrence, prior to
the date of any show cause or termination of discharge hearing under
sections 17.87.200 and 17.87.450 of this chapter. Nothing in this section shall be interpreted
as requiring a hearing prior to any emergency suspension under this section.
17.87.500: INJUNCTIVE RELIEF:
Whenever the director finds a violation or continuing violation, the director may petition any
court of competent jurisdiction for the issuance of a temporary or permanent injunction, as
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appropriate, which restrains or compels the specific performance of the discharge permit;
compliance with an order, rule, regulation or other requirement; and/or payment of charges,
fines, assessments and penalties. In addition, the director may recover reasonable attorney fees,
court costs, and other expenses of litigation by appropriate legal action against the responsible
party for any violation. Such other action as appropriate for legal and/or equitable relief may also
be sought by the director. A petition for injunctive relief need not be filed as a prerequisite to
taking any other action against a responsible party.
17.87.600: REFERRAL TO OTHER AGENCIES FOR ACTION
The director may refer civil or criminal violations of any discharge permit conditions to other
cooperating agencies for enforcement. The Utah attorney general's office may offer the county
the option of prosecuting the violator. Should the county decline, the state, in its discretion, may
initiate appropriate criminal action. The director may assist the Utah attorney general's office or
the county with appropriate support for the action taken.
17.87.950: COMPENSATORY ACTIONS:
In lieu of enforcement proceedings, penalties and remedies authorized by this chapter for a
violation of a requirement of this title, the director may impose alternative compensatory actions
such as storm drain stenciling, watercourse cleanup, and similar community service; or may
impose education at the responsible party’s expense.
SECTION 4. Effective Date. This ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this 7th day of July, 2020.
______________________________
CHAIRPERSON
ATTEST AND COUNTERSIGN:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor’s Action: _______Approved. _______Vetoed.
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______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2020.
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ________________________
By: ___________________________
Megan J. DePaulis, Senior City Attorney
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