STORM DRAINAGE
(Adopted 12/13/2005, Ord. 2005-17)

Chapters
1. Storm Sewer Service.
2. Storm Drainage.
3. Storm Water Construction Activity Permit.

CHAPTER 1

STORM SEWER SERVICE

Sections
33-1-1. Findings.
33-1-2. Purpose.
33-1-3. Definitions.
33-1-4. Storm Sewer Service.
33-1-5. Storm Sewer Service Fee.
33-1-6. Billing.

33-1-1. Findings.

The County Commission makes the following findings regarding storm water runoff and the
county's storm sewer system:

A. The county's existing storm sewer system consists of a network of man-made and natural
facilities, structures and conduits that collect and route storm water runoff.

B. The county's existing storm sewer system may not adequately handle the storm water
runoff generated in the unincorporated county.

C. The county's anticipated growth will place increased demands on the already stressed
storm sewer system.

D. Uncontrolled storm water runoff causes erosion and property damage.

E. Uncontrolled storm water runoff hinders the county's ability to provide emergency
services to its residents.

F. Uncontrolled storm water runoff impedes the regular flow of traffic in the county.

G. Uncontrolled storm water runoff poses health hazards to the citizens of the community.
H. Storm water runoff carries concentrations of oil, grease, nutrients, chemicals, heavy
metals, toxic materials and other undesirable materials that may jeopardize the integrity
of receiving waters.

I. All developed properties in the unincorporated county contribute to the need for the
storm sewer system by converting natural ground cover into impervious surfaces.

J. All developed properties in the unincorporated county make use of or benefit from the
county's operation and maintenance of the storm sewer system.

K. The EPA and the DEQ are developing additional storm water permitting requirements
that will apply to counties of Weber County's size.

L. Absent effective maintenance, operation, regulation and control, existing storm water
drainage conditions in the unincorporated county constitute a potential hazard to the
health, safety and general welfare of the county, its residents, and its businesses.

M. A storm sewer service fee and maintenance program is the most equitable and efficient
method of managing storm water in the unincorporated county and ensuring that each
property in the county pays its fair share of the amount that the property contributes to,
benefits from, and otherwise uses the storm sewer system.

33-1-2. Purpose.

The purpose of this ordinance is to protect the health, safety and welfare of the county and
its inhabitants, pursuant to the county’s general welfare powers under Utah Code Section 17-53-233,
by improving the county's storm sewer system, managing and controlling storm water runoff,
protecting property, preventing polluted waters from entering the county's water supply and other
receiving waters, and establishing a viable and fair method of financing the construction, operation
and maintenance of the storm sewer system.

33-1-3. Definitions.

The following bolded words and phrases shall be defined as follows for the purpose of this
Chapter and Chapters 33-2 and 33-3:

A. Best Management Practices (BMPs). A wide range of management procedures,
schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices which have been demonstrated to effectively control the quality
and/or quantity of storm water runoff and which are compatible with the planned land use.
BMPs also include treatment requirements, operating procedures, and practices to control
site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material
storage. A list of sample BMP’s and their effectiveness ratings can be found in the Weber
County Storm Water Management Plan dated March 2003 (available at the Weber County
Storm Water Management Department.)

B. Catch Basin. A drain inlet designed to keep out large or obstructive matter

C. Debris. Any dirt, rock, sand, vegetation, rubbish or litter.

D. Detention Basin. A depression designed to detain storm water runoff until downstream
storm sewer resources are less heavily taxed. A detention basin contains an inlet and an
outlet, allows debris to settle out, and regulates water flow.

E. Developed parcel. Any parcel that has been altered from its natural condition by grading,
filling, or the construction of improvements or other impervious surfaces.

F. Development. Any man-made change to improved or unimproved real estate, including
but not limited to site preparation, filling, grading, paving, excavation, and construction
of buildings or other structures.

G. Director. The Director of Storm Water Management of the Weber County or his duly
appointed deputy, agent, or representative.

H. Disturb. To alter the physical condition, natural terrain or vegetation of land by clearing,
grubbing, grading, excavating, filling, building or other construction activity.

I. Drain Inlet. A point of entry into a sump, detention basin, or storm drain system.

J. Equivalent Service Unit ("ESU"). The average amount of impervious surface,
expressed in square feet, on developed single family residential parcels in Weber County.

K. Hazardous Material. Any material, including any substance, waste, or combination
thereof, which because of its quantity, concentration, or physical, chemical, or infectious
characteristics may cause, or significantly contribute to, a substantial presence or potential
hazard to human health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed. Hazardous material includes, but
is not limited to, any hazardous substance designated under 40 CFR part 116 pursuant to
Section 311 of the Clean Water Act.

L. Illicit Discharge. Illicit discharge means any of the following:
1. Any drain or conveyance, whether on the surface or subsurface, which allows an illicit
discharge to enter the storm drain system. Examples include, but are not limited to,
any conveyances which allow non-storm water discharge such as sewage, process
wastewater, or wash water to enter the storm drain system, and any discharges to the
storm drain system from indoor drains or sinks, regardless of whether said drain or
discharge had been previously allowed, permitted, or approved by a government
agency; or

2. Any drain or conveyance connected to or discharging to the storm drain system,
which has not been (1) documented in plans, maps, or equivalent records submitted
to the county, and (2) approved in writing by the county.

3. Any non-storm water discharge to the storm sewer system. Illicit discharges include
both direct discharges (e.g. wastewater piping either mistakenly or deliberately
connected to the storm sewer system) and indirect discharges (e.g. infiltration into the
storm sewer system or spills collected by drain inlets).

M. Impervious surface. Any hard surface, other than the natural surface, that prevents or
retards the absorption of water into the soil, or that causes water to run off the surface
in greater quantities or at a greater rates of flow than the natural surface.

N. Land Development. Any development of a parcel, lot, subdivision plat or site plan. If
there is more than one lot in the subdivision plat or site plan, all lots in the subdivision plat
or site plan shall jointly be considered to be part of the land development.

O. Non-Storm Water Runoff. Any runoff other than storm water.

P. Person. Any individual, corporation, partnership, association, company or body politic,
including any agency of the State of Utah and the United States government.

Q. Pollutant. Dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive
materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal and agricultural waste, paints, varnishes, and solvents; oil and other automotive
fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, and accumulations, that may cause or
contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous
substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate
metals; animal wastes; wastes and residues that result from constructing a building or
structure (including but not limited to sediments, slurries, and concrete resinates); and
noxious or offensive matter of any kind.

R. Redevelopment. Alterations of a property that change the footprint of a site or building
in such a way that disturbs one-tenth acre of land or more.

 S. Retention Basin. A depression designed to retain storm water runoff until downstream
storm sewer resources are less heavily taxed. A retention basin contains an inlet and may
contain an outlet, allows debris to settle out, regulates water flow, and generally contains
running or standing water over extended periods of time.

T. Storm Drain. A closed conduit for conducting collected storm water.

U. Storm Sewer System. The system of conveyances (including sidewalks, roads with
drainage systems, municipal streets, catch basins, detention basins, curbs, gutters, ditches,
man-made channels, sumps, storm drains, and ground water) owned and operated by the
county, which is designed and used for collecting or conveying storm water. The storm
sewer system is also referred to as a “municipal separate storm sewer system” or “MS4”
.

V. Storm Water. Any flow that occurs during or following any form of natural
precipitation. Storm water includes only the portion of such flow that is composed of
precipitation.

W. Storm Water Runoff. Water that is generated by storm water flows over land.

X. Sump. A formalized underground structure, surrounded by drain rock, that acts as a
detention basin to allow the slow release of water into the surrounding sub-soil. Sumps
usually receive storm water runoff from paved areas such as streets, parking lots, building
roofs, etc.

33-1-4. Storm Sewer Service.

A. Creation. The County Commission hereby creates and establishes a storm sewer service
dept. as part of the county's overall sewer system. The storm sewer service dept. shall
plan, design, construct, maintain, administer and operate the county's storm sewer system.

B. Enterprise Fund. The County Commission hereby establishes a storm sewer service fee
enterprise fund to handle all income, expenses and other financial transactions related to
the operation of the storm sewer service. All storm sewer service charges shall be
deposited in the enterprise fund. Money in the storm sewer service enterprise fund shall
not be commingled with or transferred to other county funds. However, the storm sewer
service program may pay other county funds for services and expenses directly
attributable to the storm sewer service program. The enterprise fund shall be operated
according to State law and county policy.

C. Administration. The storm sewer utility shall be administered by the county's Director
of Storm Water Management.
33-1-5. Storm Sewer Service Fee.

A. Imposed. Each developed parcel of real property in the unincorporated county shall be
charged a storm sewer service fee.

B. ESU. The fee shall be based on the number of equivalent service units (ESU's) contained
in the parcel. The County Commission finds that the ESU is the most accurate
measurement for determining the amount that each parcel contributes to, benefits from,
and otherwise uses the storm sewer service. Based on a study to be completed by an
independent engineer, the County Commission will establish the area of an ESU.

C. Calculation. The County Commission finds that each single family residential parcel
contributes approximately the same amount of storm water runoff; therefore, each
developed single family residential parcel shall pay a base rate of one (1) ESU. All
non-single family residential parcels shall pay a multiple of this base rate, expressed in
ESU's, according to the measured impervious area on the parcel. The County Commission
may adopt separate rates for Planned Residential Unit Development’s (PRUD),
condominiums and other uses that are not easily handled under the standard rate schedule.

D. Charge per ESU. The amount charged for each ESU shall be established by resolution
of the County Commission.

E. Exemptions and Credits. The County Commission may establish exemptions and
credits to the storm sewer servicey fee by resolution.

F. Policies. The Director of Storm Water Management may adopt policies, consistent with
this ordinance and any resolutions passed by the County Commission, to assist in the
application, administration and interpretation of this ordinance and any resolutions related
to the storm sewer utility.

G. Appeals. Any person or entity that believes that this ordinance, or any storm sewer utility
rate resolution, was interpreted or applied erroneously may appeal to the Director of
Storm Water Management ("Director"). The appeal shall be in writing, shall state any
facts supporting the appeal, and shall be made within ten (10) days of the decision, action,
or bill being appealed. The Director may elect to hold a hearing on the appeal. The
Director shall decide the appeal within ten (10) days of when the appeal is filed. If the
person or entity is not satisfied with the Director's decision, a further appeal may be made
to the County Commission. The appeal to the County Commission shall follow the same
procedure as the appeal to the Director. The County Commission’s decision shall be final
and binding on all parties.

33-1-6. Billing.

The County Commission finds that the unincorporated county's storm sewer system, is part
of a unified county plan to provide for the health, safety and welfare of the county and its residents
in an environmentally responsible manner. Therefore, the storm sewer service fee shall be included
on the unincorporated county's regular bill for any given property. If there is no regular bill for the
property, the storm sewer service fee shall be charged to the owner of the property. The fee shall be
deemed a civil debt owed to the county by the person or entity paying for the county utility services
provided to the property. All properties shall be charged the fee, regardless of whether or not the
owner or occupant of the property requests the storm sewer utility service. Failure to pay any portion
of the utility bill may result in a civil suit.

Back to Top...

CHAPTER 2

STORM DRAINAGE

Sections
33-2-1. Prohibited Obstructions.
33-2-2. Prohibited Discharges.
33-2-3. Prohibited Storage and Littering
33-2-4. Storm Sewer Discharge Permit.
33-2-5. Best Management Practices.
33-2-6. Easements.
33-2-7. Authority to Inspect.
33-2-8. Requirement to Monitor and Analyze.
33-2-9. Notice of Violation.
33-2-10. Damage to Storm Sewer System or Irrigation Lines.
33-2-11. Manhole Covers.
33-2-12. Drinking Water Protection.
33-2-13. Violation and Penalty.
33-2-14. Compliance with Federal and State Law.

33-2-1. Prohibited Obstructions.

A. It is unlawful for any person to:

1. Obstruct the flow of water in the storm sewer system.

2. Contribute to the obstruction of the flow of water in the storm sewer system.

3. Cover or obstruct any drain inlet. B. The following obstructions are exempt from the prohibitions of this section:

1. Street and/or storm sewer improvement projects authorized by the county.

2. Flood control and prevention activities performed by the county.

3. Obstructions approved by the county as part of a site’s storm water drainage plan.

4. Obstructions occurring during clean-up periods established by the county, provided
that the materials are placed according to county directions and do not obstruct drain
inlets.

33-2-2. Prohibited Discharges.

A. It is unlawful for any person to cause or allow an illicit discharge to the storm sewer
system.

B. The following discharges to the storm sewer system are exempt from the prohibitions of
this section:

1. Discharges regulated under a valid National Pollutant Discharge Elimination System
(NPDES) storm discharge permit, provided that the discharge complies with the terms
of the permit.

2. Discharges from water line flushing performed by a city or the county or service
provider.

3. Discharges from sprinkled landscape irrigation or sprinkled lawn watering.

4. Discharges from individual residential car washing, provided that a biodegradable
detergent is used.

5. Discharges from natural riparian habitat or wetland flows.

6. Discharges from natural groundwater flows.

7. Discharges from air conditioning condensation when approved by the County
Engineer.

8. Discharges from fire fighting or emergency management activities.

9. Discharges from foundation drains, footing drains, or crawl space or basement pumps
if the discharges have been approved in writing by the County Engineer.
10. Discharges allowed by a Weber County Storm Sewer Discharge Permit.

33-2-3. Prohibited Storage and Littering.

It is unlawful for any person to maintain, store, keep, deposit or leave any pollutant or
hazardous material, or any item containing a pollutant or hazardous material, in a manner that is likely
to result in the discharge of the pollutant or hazardous material to the storm sewer system.

33-2-4. Storm Sewer Discharge Permit.

A. Permit Required. No person shall connect to the county’s storm sewer system, either
directly or indirectly, without first obtaining a storm sewer discharge permit from the
county.

B. When Permit Required. Any person beginning new construction (development of an
undeveloped parcel) or redevelopment (as defined in this Chapter) in the unincorporated
county shall obtain a Storm Sewer Discharge Permit before commencing construction.

C. Application. The applicant for a Storm Sewer Discharge Permit shall submit the
following to the county:

1. Application Form. A completed application form. Application forms will be
available at the County Engineer.

2. BMP Plan. A plan incorporating storm water BMPs that meet the requirements of
Section 33-2-5.

3. Maintenance Plan. A plan outlining how the applicant will maintain the storm water
improvements listed in the application.

D. Review. The Storm Sewer Discharge Permit application shall be reviewed by the Storm
Water Manager and either approved, approved with conditions, or denied. Either the
permit applicant or the county may appeal the Storm Water Manager’s decision to the
Director of Storm Water Management. The appeal shall be made according to
procedures established by the Storm Water Management Department.

E. Factors. When deciding whether to approve, conditionally approve, or deny a Storm
Sewer Discharge Permit application, the following factors shall be considered:

1. Whether the application complies with applicable county ordinances and policies.

2. Whether the application complies with the Weber County Storm Drainage Master
Plan.
3. Whether the proposed discharge incorporates effective Best Management Practices.

4. Whether the proposed discharge introduces pollutants into the storm drain system.

5. Whether the proposed discharge creates a safety hazard.

6. Whether the proposed discharge affects the integrity of the storm sewer system
infrastructure.

7. Whether the proposed discharge endangers the county’s drinking water.

8. Whether the proposed discharge endangers adjacent property.

9. Whether the applicant has submitted a maintenance plan ensuring the proper
maintenance and upkeep of the applicant’s discharge and on-site storm water
improvements.

Failure to construct or maintain storm water improvements in accordance with an approved
Storm Sewer Discharge Permit shall be a violation of this ordinance.

F. As-Builts. Any person discharging to the storm sewer system shall provide the county
“as-built” plans showing the details and the location of the discharge. The plans shall be
in a format that is acceptable to the county.

G. Rate. Discharges to the storm sewer system shall be designed so that the discharge to
the storm sewer system does not exceed .1 Cubic Feet Per Second per acre.

H. Exempt Discharges. The following discharges to the storm sewer system are exempt
from the permitting requirements of this section:

1. Discharges made by the county.

33-2-5. Best Management Practices.

Any person connecting to the storm sewer system or developing a commercial or industrial
site shall employ Best Management Practices (BMPs) approved by the county. The county shall adopt
a policy establishing a menu of BMPs that may be used to satisfy this requirement. The BMPs may
be structural and/or non-structural, depending on the needs of the site. The BMPs shall be designed
to ensure that the quality and quantity of storm water released to the unincorporated county’s storm
sewer system meets the requirements of federal, state and local laws and regulations and the county’s
NPDES permit, and will not exceed the designed capacity of the storm sewer system or jeopardize
the integrity of the storm sewer system. 33-2-6. Easements.

The county may enter all private properties through which the county holds an easement for
the purposes of inspecting, observing, measuring, sampling, repairing or maintaining any portion of
the storm sewer facilities lying within the easement, or the performance of any other duties pertinent
to the operation of the storm sewer system. All entry and subsequent work, if any, on an easement,
shall be completed according to any special terms of the easement.

33-2-7. Authority to Inspect.

Whenever necessary to make an inspection to enforce any provision of this Chapter, or
whenever the county has cause to believe that there exists, or potentially exists, a condition which
constitutes a violation of this Chapter, the county may enter the premises at all reasonable times to
inspect the same and to inspect and copy records related to storm water compliance. In the event the
owner or occupant refuses entry after a request to enter and inspect has been made, the county is
hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such
entry.

33-2-8. Requirement to Monitor and Analyze.

If county tests or inspections indicate that a site is causing or contributing to storm water
pollution, illegal discharges, and/or non-storm water discharges to the storm sewer system or waters
of the United States, and if the violations continue after notice from the county, the county may
require any person engaged in the illicit activity and/or the owner/operator of the site to provide, at
their own expense, monitoring and analyses required by the county to determine compliance with this
Chapter.

33-2-9. Notice of Violation.

Whenever the county finds that a person has violated a prohibition or failed to comply with
a requirement of this Chapter, the county will order compliance by written notice of violation to the
responsible person. Such notice may require without limitation:

A. The performance of monitoring, analyses, and reporting;

B. The elimination of illicit discharges or discharges;

C. That violating discharges, practices, or operations shall cease and desist;

D. The abatement or remediation of storm water pollution or contamination hazards and the
restoration of any affected property;

E. Payment to cover administrative, remediation, monitoring, analyses, and reporting costs;
and
F. The implementation of source control or treatment BMPs.

The county may skip the notice requirements set forth in this Section and immediately proceed
with criminal and/or civil action against the violator if (1) the violator has committed the same
violation in the past, or (2) the violation, in the opinion of the county, creates a serious risk to
persons, the environment or property, or (3) the county deems the violation to constitute an
emergency.

33-2-10. Damage to Storm Sewer System or Irrigation Lines.

Any person who damages any portion of the storm sewer system, a county-owned irrigation
line, or a county-maintained irrigation line shall be responsible for repairing the damages. The
damages shall be repaired by a licensed contractor bonded to do work in the county and shall be
repaired in accordance with the county’s Construction Standards and Specifications. It is unlawful
to remove or alter any portion of the storm sewer system without permission from the Director.

33-2-11. Manhole Covers.

It shall be unlawful to open any storm sewer manhole or other storm sewer fixture (such as
grates, lids or inlets) without permission from the County.

33-2-12. Drinking Water Protection.

All storm water and non-storm water discharges shall comply with the Weber/Morgan Health
Department’s drinking water source protection ordinance.

33-2-13. Violation and Penalty.

A. The violation of any provision of this Chapter is a Class C misdemeanor. Each day that
a violation occurs shall constitute a separate offense.

B. If, as the result of the violation of any provision of this Chapter, the county or any other
party suffers damages and is required to make repairs and/or replace any materials, the
cost of repair and/or replacement shall be borne by the violating party and shall be in
addition to any criminal or civil fines and/or penalties.

C. Violators of this Chapter may also be subject to prosecution, fines and penalties from the
State of Utah and the United States EPA.

33-2-14. Compliance with Federal and State Law.

Nothing in this Chapter shall be interpreted to relieve any person from an obligation to comply
with an applicable Federal, State or local law relating to storm water discharges or drinking water
protection.

Back to Top...

 CHAPTER 3

STORM WATER CONSTRUCTION ACTIVITY PERMIT

Sections
33-3-1. Purpose and Intent.
33-3-2. Storm Water Construction Activity Permit - When Required.
33-3-3. Storm Water Construction Activity Permit - Application.
33-3-4. Storm Water Pollution Prevention Plan.
33-3-5. Proper Operation and Maintenance.
33-3-6. Inspection and Entry.
33-3-7. Revocation or Suspension of Storm Water Construction Activity Permit.
33-3-8. Violations and Enforcement
33-3-9. Exemptions.
33-3-10. Appeal.
33-3-11. Compliance with Federal and State Law.

33-3-1. Purpose and Intent.

The purpose of this Chapter is to prevent the discharge of sediment and other
construction-related pollutants from construction sites. Sediment and debris from construction sites
are a major source of pollution to waterways and water systems located within the unincorporated
county and surrounding areas. Each year storm water runoff carries tons of sediment from
construction sites into local drainage systems, irrigation systems, canals, rivers, and lakes. Sediment
from storm water runoff also clogs and obstructs storm drains, culverts, and canals and causes
damage to private property, wildlife habitat and water quality.

33-3-2. Storm Water Construction Activity Permit - When Required.

A Weber County Storm Water Construction Activity Permit is required before any person or
entity may excavate, grub and clear, grade, or perform any type of construction activity that will
disrupt or cause a change in the natural landscape upon any of the following types of property located
within the unincorporated county:

A. Regardless of size. Any parcel, lot or land development qualifies under this subsection
with construction activities which
1. disturbs more than 5000 square feet of land surface area, or

2. consist of the excavation and/or fill of more than 200cubic yards of material, or

3. requires a building permit for which excavation or fill is a part of the construction,
and less than five acres shall apply for a county permit. Activities involving five acres
or more must get a permit from the State of Utah, Division of Water Quality. B. Special Concern Areas. Any parcel, lot or land development for which the county
determines that because of the nature or type of the parcel, lot or development,
disturbance of the land is likely to result in erosion or the transport of sediment off of the
site by storm water to a degree substantially greater than that which would occur under
natural landscape conditions.

33-3-3. Storm Water Construction Activity Permit - Application.

Any person or entity desiring a Storm Water Construction Activity Permit must first file an
application with the Weber County Engineering Department. The application may be submitted
independently, or as part of an application for a site plan, subdivision plan, or building permit
approval.

D. Content. The application shall include a Storm Water Pollution Prevention Plan which
meets the criteria set forth in Section 33-3-4.

B. Timing. The applicant shall file the application on or before the following dates:

1. Subdivision. The date that the applicant submits the preliminary subdivision
development plat application.

2. Site Plan. The date that the applicant submits a site plan application or amended site
plan.

3. Building Permit. The date that the applicant submits a building permit application
if the applicant proposes to construct a building on an existing lot or parcel.

4. Land Use Permit. The date that the applicant submits a land use permit application.

5. Other. At least two (2) weeks before the developer intends to perform any type of
work not listed above that would require a Storm Water Construction Activity Permit
pursuant to this Chapter.

If an applicant’s development comes under more than one of the categories listed above, then
the applicant shall submit the Storm Water Construction Activity Permit Application on the earliest
of the listed dates. Failure to comply with the application dates set forth above is not a criminal
offense, but may delay the applicant’s project. Failure to acquire a required Storm Water
Construction Activity Permit is grounds for tabling a related subdivision application, site plan
application, conditional use permit application, or building permit application. It is unlawful to
commence work (move dirt) on a development site before obtaining a required Storm Water
Construction Activity Permit. C. Fee. The applicant for a Storm Water Construction Activity Permit shall pay a fee in an
amount set by resolution of the County Commission.

D. Application Approval. The Storm Sewer Utility Manager or designee shall approve the
application and grant the permit if the application is complete and meets the criteria set
forth in Section 33-3-4. The Storm Sewer Utility Manager shall deny the application or
approve the application with conditions if he or she determines that the measures
proposed in the Plan fail to meet the criteria set forth in Section 33-3-4. Conditions the
Storm Water Manager may impose in connection with the approval of a Permit include,
but are not limited to, the establishment of specific measures and controls to prevent
erosion and the discharge of sediment, debris and other construction-related pollutants
from the site by storm water.

E. Term. Unless otherwise revoked or suspended, a Storm Water Construction Activity
Permit shall be in effect for the full period of the construction activity. The construction
activity will not be considered to be completed until the following events occur:

1. Subdivisions. For Permits associated with a subdivision plat approval:

a. The Permittee must complete all required subdivision improvements; and

b. One of the following three events must occur:

(1) The county issues a final certificate of occupancy for each lot in the
subdivision, or

(2) Individual Storm Water Construction Activity Permits have been issued for
each lot in the subdivision not having a final occupancy permit, or

(3) The property has been re-vegetated or landscaped in a manner that eliminates
erosion and sediment discharge or that brings the property back to its natural
state.

(4) The plan must include provision for on-site detention or coordination with
regional detention.

2. Site Plans. For Permits associated with a site plan approval, the date that the
Permittee has completed all required landscaping and all outside construction work
associated with the site plan.

3. Building Permits. For Permits associated with a building permit application, the date
that the county issues a final occupancy permit for the structure covered by the
building permit.
4. Other. For Permits issued that are not tied to other approvals from the county, the
date that the Permittee has completed all work associated with the Permit and takes
steps required by the Permit to prevent further erosion and runoff from the site.

No Storm Water Construction Activity Permit shall be considered terminated until the
Permittee submits a Notice of Termination of Construction Activity Permit (“Notice”) to the county
and the Notice is accepted by the county. The county shall accept the Notice if the Permittee has met
the requirements of the Permit and this ordinance.

F. Amendments. In the event that the proposed construction activity for a site to which a
Permit pertains is materially altered from that described in an original Plan in a way that
may have a significant impact upon the effectiveness of the measures and controls
described in the original Plan, the Permittee shall file an amended Storm Water Pollution
Prevention Plan which meets the criteria set forth in Section 33-3-4.

33-3-4. Storm Water Pollution Prevention Plan.

A. Required Information. The Storm Water Pollution Prevention Plan (the “Plan”) shall
contain the following information:

1. Site Description. A site description (including a map with spot elevations and
contour lines) which includes a description of the nature and location of the
construction activity, a description of the intended sequence of major activities which
will disturb soils for major portions of the site (e.g. grubbing, excavation, grading,
utilities, and infrastructure installation, etc.), and estimates of the total area of the site
and the total area of the site that is expected to be disturbed by excavation, grading,
or other activities;

2. Control Description. A description of the proposed measures and controls that will
be implemented during construction activity and/or while the site is not stable. The
Plan must clearly describe the times during the construction process that the measures
will be implemented for each major activity identified pursuant to subsection (1). The
Plan shall also state the name and phone number of the person or entity responsible
for implementation of each control measure.

B. Goals and Criteria. The proposed measures and controls described in the Plan shall be
designed to meet the following goals and criteria:

1. Prevent or Minimize Discharge. The proposed measures and controls shall be
designed to prevent or minimize, to the maximum extent practicable, the discharge of
sediment, debris and other construction-related pollutants from the construction site
by storm water runoff into the storm drainage system. 2. Prevent or Minimize Construction Debris. The proposed measures and controls
shall be designed to prevent or minimize, to the maximum extent practicable, the
deposit, discharge, tracking by construction vehicles, or dropping of mud, sediment,
debris or other potential pollutants onto public streets and rights-of-way. Any such
discharge shall be cleaned up and removed immediately upon notification to the
Permittee or when it otherwise comes to the attention of the Permittee. At a
minimum, the deposit or discharge shall be cleaned and removed at the end of the
work shift in which the deposit occurred, or at the end of the work day, whichever
comes first.

3. BMPs. The proposed measures and controls shall consist of Best Management
Practices (BMPs) available at the time that the Plan is submitted. BMPs may include,
but shall not be limited to, temporary silt or sediment fences, sediment traps and
detention ponds, gravel construction entrances and wash down pads to reduce or
eliminate off-site tracking, straw bale sediment barriers, establishment of temporary
grasses and permanent vegetative cover, use of straw mulch as a temporary ground
cover, erosion control blankets, temporary interceptor dikes and swales, storm drain
inlet protection, check dams, subsurface drains, pipe slope drains, level spreaders,
rock outlet protection, reinforced soil retaining systems, and gabions.

4. Stabilization. The proposed measures and controls shall be designed to preserve
existing vegetation, where possible. Disturbed portions of the site shall be stabilized.
Stabilization practices may include temporary seeding, permanent seeding, mulching,
geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation
of mature vegetation, and other appropriate measures. Use of impervious surfaces
for stabilization should be avoided. Stabilization measures shall be initiated as soon
as practicable in disturbed portions of the site where construction activities have
temporarily or permanently ceased, but in no case more than 14 days after the
construction activity in that portion of the site has temporarily or permanently ceased,
except under the following circumstances:

a. If the initiation of stabilization measures by the 14th day after construction activity
temporarily or permanently ceases is precluded by snow cover or frozen ground
conditions, stabilization measures shall be initiated as soon as practicable; or

b. If construction activity on a portion of the site is temporarily ceased, and earth
disturbing will resume within 21 days, temporary stabilization measures need not
be initiated on that portion of the site.

5. Minimize Risk of Discharge of Other Materials. The proposed measures and
controls shall be employed to minimize the risk of discharge of construction-related
pollutants (such as paint, thinners, solvents and other chemicals) from the
construction site. Such measures may include implementation of storage practices to
minimize exposure of the material to storm water as well as spill prevention and
response.

33-3-5. Proper Operation and Maintenance.

The recipient of a Storm Water Construction Activity Permit (the Permittee) shall install the
erosion and sediment control measures required by the approved Storm Water Pollution Prevention
Plan before commencing any construction activity on the site to which the Plan applies or at such
times indicated in the Plan. The erosion and sediment control measures shall be properly installed and
maintained in accordance with the Permit, the manufacturers’ specifications, and good engineering
practices. The Permittee shall maintain such measures on the site until the county accepts the
termination of the Permit pursuant to Section 33-3-3(E).

33-3-6. Inspection and Entry.

The Permittee shall allow any authorized employees and representatives of the county,
representatives of the State of Utah Division of Water Quality, and representatives of the EPA, to
enter the site to which a Permit applies at any time and to inspect the erosion and sediment control
measures maintained by the Permittee. The Permittee shall also allow inspection of any records
pertaining to the conditions of the Permit.

33-3-7. Revocation or Suspension of Storm Water Construction Activity Permit.

A. Revocation or Suspension. A Storm Water Construction Activity Permit may be
revoked or suspended by the Director upon the occurrence of any one of the following
events:

1. Failure of a Permittee to comply with the Plan or any condition of the Permit; or

2. Failure of a Permittee to comply with any provision of this Chapter or any other
applicable law, ordinance, rule or regulation related to storm water; or

3. A determination by the Director that the erosion and sediment control measures
implemented by a Permittee pursuant to the Plan are inadequate to prevent or minimize,
to the maximum extent practicable, the discharge of sediment, debris or other pollutants
from the construction site by storm water.

B. Notice. The county shall mail a Permittee written notice of noncompliance before
revoking or suspending a Permit. The notice shall state the location and nature of the
noncompliance and shall also specify what action is required for the Permittee to avoid
revocation or suspension of the Permit. The notice shall allow the Permittee a reasonable
time to take the necessary corrective action to avoid revocation or suspension of the
Permit which time, in the absence of exceptional circumstances, shall not be less than ten
(10) nor more than thirty (30) days. The notice shall be mailed to the address listed for
the Permittee in the Application. If the Permittee fails to correct the problems identified
in the notice during the time specified in the notice, the Director may suspend or revoke
the Permit by mailing or delivering written notice of the suspension or revocation to the
Permittee. The Permittee may appeal a suspension or revocation of the Permit pursuant
to the appeal procedure set forth in Section 33-3-10.

C. Exceptional Circumstances. For purposes of this Section, exceptional circumstances
include, but are not limited to, situations which involve a risk of injury to persons, damage
to storm drain facilities, or damage to other property or the environment. The county
may take any steps the county deems necessary to alleviate any such exceptional
circumstances as defined above, and may bill the owner, developer, or contractor
responsible for creating the exceptional circumstances for the cost of alleviating said
circumstances.

D. Stop Work Order. A stop work order may be issued upon the revocation or suspension
of a Permit, or upon the discovery of work being conducted without a required Permit.
The stop work order may be issued by inspectors in the Engineering, Storm Water
Management Building Inspection, or the Planning Departments. No construction activity
may be commenced or continued on any site for which a Permit has been revoked or
suspended until the Permit has been reinstated or reissued.

E. Reinstatement. A Storm Water Construction Activity Permit may be reinstated or
reissued upon compliance with all provisions of this Chapter and all Permit conditions,
or in the case of a suspension for reasons provided in subsection (A)(3), upon the filing
of an amended Storm Water Pollution Prevention Plan which is designed to correct the
deficiencies of the original Plan.

33-3-8. Violations and Enforcement.

A. The violation of any of the provisions of this Chapter shall be a Class C misdemeanor.
Each day that a violation occurs shall constitute a separate offense.

B. Violators of this Chapter are also subject to any penalties that may be imposed by the
State of Utah, under the authority of the Utah Water Quality Act, Title 19, Chapter 5 of
the Utah Code.

C. In addition to any criminal fines and/or penalties which may be assessed for a violation of
this Chapter, the county shall have the right to issue a stop work order or to install and/or
maintain appropriate erosion and sediment control measures on any site which is required
to have such measures in the event that construction activity is commenced or continued
without such measures having been installed as required by this Chapter. The county shall
have the right to have such measures installed or maintained by county personnel or to
hire a private contractor to perform such work and the contractor and/or the property
owner shall be liable for any and all expenses related to performing such . The county
may assess said charges against the financial guarantee posted by the contractor and/or
property owner.

D. Violators of this Chapter may also be subject to prosecution, fines and penalties from the
State of Utah and the United States EPA.

33-3-9. Exemptions.

The following activities are exempt from the requirements of this Chapter:

A. Actions by a public utility, the county, or any other governmental entity to remove or
alleviate an emergency condition, restore utility service, or reopen a public thoroughfare
to traffic;

B. Actions by any other person when the county determines, and documents in writing, that
the actions are necessary to remove or alleviate an emergency condition, restore utility
service, or reopen a public thoroughfare to traffic;

C. Construction activities which disturb less than 500 square feet of land surface area, or
which consist of the excavation and/or fill of less than 20 cubic yards of material;

D. Landscape maintenance activities on fully developed properties, necessary to maintain the
existing developed landscape;

E. Bona fide agricultural and farming operations which constitute the principal use of any
lot or tract of ground located within the unincorporated county and which meet the
requirements of the zoning code of the county.

33-3-10. Appeal.

A. An Applicant for a Storm Water Construction Activity Permit or a Permittee of a Storm
Water Construction Activity Permit may appeal any decision or directive made by the
county or its representatives pursuant to this Chapter. The party desiring to appeal shall
file a notice of appeal at the County Commission Office within 10 days of the decision or
directive being appealed. The notice of appeal shall contain the following information:

1. The appellant’s name, address and daytime telephone number;

2. A short statement describing the basis for the appeal; and
3. The relief sought by the appellant.

B. Upon receipt of the notice of appeal, the County Commission Chair shall set a date for
an informal hearing to consider the appeal. The County Commission shall uphold the
decision or directive being appealed unless the County Commission finds that there has
been an error in the interpretation or implementation of this ordinance. The County
Commission shall render a decision on the appeal within 10 days of the informal hearing
with the appellant. The County Commission shall have authority to affirm, reverse or
modify any decision or directive appealed pursuant to this Section.

33-3-11. Compliance with Federal and State Law.

Nothing contained in this Chapter is intended to relieve any person or entity from any
obligation to comply with applicable federal and state laws and regulations pertaining to clean water
and/or storm water runoff.

Back to Top...