|4 Storm water runoff system|
|5 Discharge of storm water|
|6 Offence and penalty|
The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
(b) Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw.
(e) If any portion of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion must be severed and the severance must not affect the validity of the remainder.
3 (a) This Bylaw applies to the control, management, treatment and disposal of storm water runoff from all lands located within those areas of the City shown outlined in bold on Drawing D-1018, a copy of which is attached to and forms part of this Bylaw as Appendix "C".
(b) This Bylaw is intended to supplement the provisions of the City of Abbotsford's Development Bylaw, 2006, Bylaw No. 1565-2006, as amended or replaced from time-to-time, and where conflicts or ambiguities occur between this Bylaw and the Development Bylaw, this Bylaw shall prevail.
(c) Nothing in this Bylaw relieves a person from complying with the provisions of City of Abbotsford's Development Bylaw, 2006, No. 1565-2006, as amended or replaced from time-to-time, and any regulations thereto, and with all other applicable local, provincial or federal enactments.
(iii) granting the City a Section 219 (Land Title Act) Covenant and Statutory Right of Way substantially in the form contained in Appendix "F" of this Bylaw, providing assurances as to the continued operation, performance, maintenance and monitoring of the System and approval of a plan for the emergency containment and clean-up of spills of contaminants on the lands.
5 No person shall discharge, or cause or permit the discharge of storm water into or off of any lands comprising part of the CICP Lands or the Airport Lands except by means of an approved System installed in accordance with an approved Plan.
6 Every person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence and, upon prosecution and conviction under the Offence Act, shall be liable to a fine not exceeding $10,000 together with the costs of such prosecutions and, where the offence is a continuing one, each day the offence continues shall be a separate offence.
In this Bylaw:
"Development" means the improvement of, or the carrying out of work on land, including but not limited to building, grading, tree removal and demolition and, for certainty, includes the construction of improvements on land requiring the issuance of a building permit but does not include the work required to install an approved System.
"MMCD" means the Master Municipal Construction Documents as published in 2000 by the Master Municipal Construction Document Association.
"Plan" means a detailed storm water runoff management plan prepared by a professional engineer or geoscientist registered in British Columbia, meeting the requirements of Appendices "D" and "E", attached to and forming part of this Bylaw, and describing, among other things, the:
(i) type of System to be installed on the Lands;
(ii) design criteria and engineering calculations for the sizing of all treatment and disposal elements of the System;
(iii) location of the System on the Lands; and
(iv) location of a groundwater quality monitoring well(s), as recommended by a registered professional engineer or geoscientist and accepted by the City on the basis of a minimum of one monitoring well per site or one monitoring well per every two hectares, whichever is greater.
"Rain Garden System" means a surface, storm water runoff management and treatment system utilizing a constructed soil/organic media with vegetated plantings to remove storm water pollutants by filtering storm water runoff substantially in accordance with the requirements and specifications contained in Appendices "D" and "E", attached to and forming part of this Bylaw.
"System" means a storm water runoff management and treatment system with one or more ground water monitoring wells, designed and installed in accordance with the requirements of Schedules "D" and "E", attached to and forming part of this Bylaw, and includes, without limitation, a Rain Garden System and such other equivalent certified proprietary storm water runoff management and treatment systems as the City may approve from time-to-time and list in Appendix "B" of this Bylaw.
Approved Equivalent Storm Water Runoff Management and Treatment Systems
The following Systems are approved as equivalent to a Rain Garden System for the purposes of Section 4 (b) of this Bylaw:
1. Filterra Storm Water Bioretention filtration system as manufactured by Filterra Bioretention Systems, a division of Americast. This product has received from the State of Washington Department of Ecology a General Use Level Designation (GULD) for Basic, Enhanced and Oil Treatment in accordance with the Technology Assessment Protocol (TAPE).
1. Industrial Lands Storm Water Management Clearbrook Area
2. Industrial Lands Storm Water Management Airport Lands
3. Industrial Lands Storm Water Management Peardonville Area
4. Industrial Lands Storm Water Management Mt. Lehman Lands