Industrial and Commercial Stormwater Program

The City of Lake Oswego is committed to maintaining water quality through multiple programs required by the Oregon Department of Environmental Quality (DEQ).

Under DEQ’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit, the City is required to conduct a review of management practices implemented by owners and tenants of industrial, mixed-use, and commercially-zoned properties. The purpose is to prevent potential pollutant discharges into the City’s waterways and public stormwater system.

To meet these requirements, the City is implementing a program which will include an inspection of commercial and industrial properties or businesses, and an opportunity for education, as well as recommendations or required changes to current practices to be more protective of water quality in our rivers and streams. Program implementation will begin in 2024.

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A 30-day public comment period was open from October 1 through October 31, 2023. Thank you for sharing your comments!

City Council adopted the code changes on November 21, 2023, with an effective date of December 21, 2023. The City expects to start implementing the program in 2024.

Frequently Asked Questions

What is this program?

The Industrial and Commercial Stormwater Program is responsible for ensuring compliance with the “Industrial and Commercial Facilities” section of the City’s MS4 Permit.

What does the program involve?

The Industrial and Commercial Stormwater Program will be conducting inspections of properties and sites to determine whether stormwater has the potential to become polluted based on the site or business’ practices. The purpose is to prevent potential pollutant discharges into the City’s waterways and public stormwater system.

What type of businesses will be inspected?

While all properties zoned as industrial, commercial, or mixed-use are subject to the program requirements, the highest priority will be screening businesses that are subject to a DEQ Industrial Stormwater permit. The next priority are businesses that are subject to federal regulations covering toxic or hazardous materials. The last priority is based on businesses that could discharge waste into the public stormwater system, potentially exceeding the City's water quality limitations or standards.

How does the inspection program work?

Similar to a state business registration, property owners are required to provide information regarding the type of business operating on the property.

The City will provide a 60-day notice prior to the inspection of the commercial or industrial facility, and City identification at the appointed time. The notice will include a list of information needed from the business in order to complete the inspection.

Specific areas of focus include outside material storage and handling areas, outside waste storage and handling areas, outside maintenance areas, stormwater facilities, the locations of spill kits, and spill response training. After the business inspection, the property owner and tenants will be provided a report with the findings and any recommended solutions.

How long does the inspection take?

An inspection is expected to take 1-2 hours at most. The City will work with businesses to find a suitable time when it is least disruptive to business operations.

How is this program helpful to my business?

This program will be an opportunity for education and potentially cost-saving measures that will be more protective of water quality in our streams and rivers. For example, ensuring that stormwater facilities are functional and catch basins are clean at the beginning of each wet season will help us meet our regulatory goals and may reduce flooding at a business property.

How does stormwater get polluted by commercial or industrial properties/facilities?

Impervious areas (i.e. parking lots, roofs, streets, or sidewalks) can collect dirt, dust, pollen, etc. that then mixes with stormwater and discharges into the public stormwater system. Spillage from fertilizers, oil, food products, and debris also mixes with stormwater. Best management practices can reduce the potential for stormwater to be polluted.

Why was the City Code changed?

The Code was amended to implement the inspection program. The previous City Code (Chapter 38.25) addresses pollutants that have already been discharged from a property. It generally results in a violation, a fine, and often a negative working relationship with businesses. The Code changes allow the City to collaborate with business owners and be proactive in preventing discharges from a property.

Most businesses in Lake Oswego are protective about the natural areas and streams and are already implementing practices to reduce spills and other discharges from their business. The City sees the program as primarily educational, however the City’s DEQ-issued permit requires an enforcement section in Chapter 38.25 regarding the prevention of discharges from commercial or industrial businesses.

Code changes can be found here in red.

I have a business to run and may not have the resources to do what the City is requiring. What are my options?

During the inspection, City staff will work with the business owner on any recommendations or required changes to current practices to improve water quality in our rivers and streams.

Some changes will be easy and quick to implement however some changes may take time to gather financial and staff resources. It is expected that a business would have at least 30 days to implement changes or 21 days to provide a schedule for implementing changes.