Agenda Item - 2024-06-04 - Number 9.1 - Code Amendments Relating to Stormwater 9.1
o�� s� COUNCIL REPORT
� o
OREGO\-\
Subject: Code Amendments Relating to Stormwater
Meeting Date: June 4, 2024 Staff Member: Sonja Johnson, PE,
Associate Engineer
Report Date: May 24, 2024
Department: Public Works - Engineering
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑X Information Only Comments: Code amendments targeted for public
❑ Council Direction hearing and tentative approval on October 1, with
❑ Consent Agenda ordinance adoption on October 15, 2024, for effective
date by December 1, 2024.
Staff Recommendation: Receive study session presentation of proposed stormwater
amendments to City Code; identify any questions or concerns to be addressed at future
public hearings.
Recommended Language for Motion: N/A
Project/ Issue Relates To: Ensuring compliance with the City's stormwater permit (NPDES
MS4) and enforcement of requirements of the stormwater permit.
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑x Not Applicable
EXECUTIVE SUMMARY
The Oregon Department of Environmental Quality (DEQ) re-issued the City's NPDES-MS4
(stormwater) permit in October 2021. The permit requires that the City provide authority to
enforce the requirements of the permit by December 1, 2024. Because staff are currently
updating the City's Stormwater Management Manual (SWMM) so that it complies with the
Respect. Ex-ellence. Trust. Servi::e.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY
Page 2
stormwater permit, the proposed code changes incorporate changes that are being made to
the SWMM.
Most of the code amendments will update text and remove outdated document references.
LOC Chapters 52 (Erosion Control) and 38 (Utility Code) contain the bulk of the code changes.
• For LOC Chapter 52, changes include:
o Updates that conform with current Erosion and Sediment Control (ESC) program
procedures.
o Moving to an enforcement procedure that complies with escalating enforcement
requirements of the new stormwater permit.
• For LOC Article 38.25, the changes include:
o Referencing all of the documents that concern stormwater requirements, such as the
Engineering Design Standards in addition to the currently mentioned SWMM.
o Providing clarity to the variance procedures and when a project is exempt.
o Moving the maintenance requirements for stormwater facilities into one place.
o Moving to an enforcement procedure that complies with escalating enforcement
requirements of the new stormwater permit.
o Removing text that is:
■ not driven by regulations but is process-oriented, such as the stormwater review
process,
■ already covered by other Chapters, such as Erosion Control (LOC Ch. 52),
■ the responsibility of State agencies, e.g., DEQ, to enforce, and
■ not likely to become a program in the near future (such as City ownership of private
facilities).
BACKGROUND
The Oregon Department of Environmental Quality (DEQ) re-issued the City's NPDES-MS4
(stormwater) permit in October 2021. The permit requires the City to provide authority to
enforce its requirements through the City Code. Because staff are currently updating the City's
Stormwater Management Manual (SWMM) so that it complies with the stormwater permit, the
proposed code changes incorporate changes that are being made to the SWMM.
DISCUSSION
Text Updates
Many of the text amendments relate to changing "storm sewer" to "stormwater system". This
is an industry-wide practice to change the public perception that stormwater is treated in the
same way as wastewater. Stormwater is either sent without treatment to streams, is infiltrated
to groundwater, or is filtered for solids before being discharged to the stream. Stormwater is
not treated to the same level as wastewater.
Respect, Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 3
The City has a surface water management system that includes streams, ponds and other water
bodies, in addition to the public stormwater system. The proposed text updates reinforce that
distinction.
"Surface water runoff," "storm runoff," and "storm water runoff" are outdated and redundant
terms. The proposed text replaces these terms with "stormwater." In addition, the outdated
"erosion control" term is being proposed for replacement by the more accurate term, "erosion
and sediment control".
In many cases "storm drain" refers to the public stormwater system. The proposed changes
update "storm drain" to "stormwater system", "stormwater conveyance", or "stormwater
structures" where appropriate.
References to professionals such as engineers are being proposed to reflect the appropriate
discipline, such as geotechnical, stormwater, or civil engineers. The requirement to be licensed
or certified was added where appropriate.
Proposed Technical Updates to LOC Chapter 38 (Utility Code)
Most of the proposed changes are in LOC Chapter 38 and, more specifically, in LOC Article 38.25
(Stormwater Management Code). Several definitions are being proposed for addition. Staff are
proposing definitions that are already part of another code section, conform with regulatory
definitions, or are industry-standard definitions.
In general, proposed deletions to the code are for sections that are:
• not driven by regulations but are process-oriented, such as the stormwater review
process,
• covered by other Chapters, such as LOC Ch. 52 Erosion Control,
• the enforcement responsibility of State agencies, such as DEQ, or
• not likely to become a program in the near future, e.g., City ownership of private
facilities.
Changes to Chapter 38 include:
• Referencing all of the documents that concern stormwater requirements, such as the
Engineering Design Standards in addition to the currently mentioned SWMM.
• Providing clarity to the variance procedures and exemptions.
• Moving the maintenance requirements for stormwater facilities into one place.
• Moving to an enforcement procedure that complies with escalating enforcement
requirements of the new stormwater permit.
Proposed Technical Updates to LOC Chapter 52 (Erosion Control)
Several new definitions are being proposed; the terms are similar to, or the same as, terms
already defined by LOC Chapters 38, 45, and 50 or to technical documents such as the SWMM.
Other proposed changes include:
Respect, Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 4
• Updates that conform with current Erosion and Sediment Control (ESC) program
requirements.
• Moving to an enforcement procedure that conforms with the Oregon Revised Statutes
to comply with escalating enforcement requirements of the new stormwater permit.
Other Proposed Technical Updates
In LOC Chapter 42 (Streets, Sidewalks, Public Rights-of-Way and Public Easements), the
sections on drainage requirements generally refer back to LOC Article 38.25.
In LOC Chapter 45 (Building Code), proposed changes involve clarifications and requirements
when applicable that are already present in LOC Article 38.25 and LOC Chapter 52.
In LOC Article 50.06 (Community Development Code— Development Standards), a proposed
reference back to LOC Article 38.25 instead of stating the stormwater requirement.
In LOC Article 50.07 (Community Development Code— Review and Approval Procedures), a
reference back to Article 38.25 instead of stating the stormwater requirement.
In LOC Article 50.10 (Community Development Code— Definitions), the only definition changes,
unrelated to language updates, was to the term "Manhole" and "Drainage Pattern."
Public Outreach and Engagement
In late July (after the Council and Planning Commission workshops), articles will be placed in
LODown and HelloLO to explain the changes. Social media will include posts on the proposed
changes and staff will request an article in the Chamber of Commerce's newsletter.
An online comment form on the City's stormwater webpage will be available in August for
residents and business owners to provide comment on the proposed changes, in addition to the
public comment periods available during Planning Commission and City Council hearings.
Post-Study Session Actions/ Public Hearings
After the Planning Commission and City Council study sessions, the proposed code changes for
Chapter 50 or other sections that are incorporated as land use review criteria will be presented
to the Planning Commission in August for a public hearing and recommendation to the Council.
Code changes for all chapters will then be presented to the City Council. The proposed changes
are expected to be presented for public hearing before the Council on October 1 for tentative
approval, with ordinance adoption on October 15, in order to be effective as of December 1,
2024, thereby meeting the requirements of the City's stormwater permit.
Respect, Excellence. Trust. Service.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO,OR 97034 WWW.LAKEOSWEGO.CITY
Page 5
Summary
The City's NDPES-MS4 permit (stormwater permit) requires that the City provide authority to
enforce the requirements of the permit by December 1, 2024. Because staff are currently
updating the City's Stormwater Management Manual (SWMM) so that it also complies with the
stormwater permit, the proposed code amendments reflect changes that are being made to the
SWMM.
ALTERNATIVES OR ADVANTAGES AND DISADVANTAGES
The changes are to comply with the City's NPDES-MS4 (stormwater) permit.
FISCAL IMPACT
There is no fiscal impact for making these changes to City Code.
RECOMMENDATION
Provide input to staff on any information or concerns to address in a public hearing draft.
Respect. Ex-ellence. Trust. ServHe.
503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY