This ordinance is being presented to the Council for approval and would amend the Billings Municipal Code by adding Chapter 28, Articles 28-100 through 28-700, containing Sections 28-101 through 28-715. These sections would provide for the regulation of the City's stormwater collection system through the development of a stormwater management program, including issuance and enforcement of private and public construction Storm Water Pollution Prevention Plans to address construction site stormwater, enforcement of adopted Best Management Practice (BMP) construction standards, enforcement of post-construction stormwater BMP maintenance, and the detection and elimination of illicit discharges. This ordinance authorizes monitoring and enforcement activities, requires user reporting, protects the state and receiving waters, and establishes penalties and remedies for violations.  Fees and penalties for administering the city stormwater program will be reviewed and brought forward to the City Council at a future date.  The Municipal Infraction Ordinance (Code Court) may be used for civil violations.

The State of Montana has an established a permit system called the Montana Pollutant Discharge Elimination System (MPDES). This system is administered by the Montana Department of Environmental Quality (MDEQ) and requires any entity discharging stormwater from a point source to obtain coverage under an MPDES general permit. MPDES general permits cover the following discharges:

• Associated with construction activity;
• Associated with industrial activity;
• Associated with mining, oil, and gas activity;
• From small municipal separate storm sewer systems (small MS4s);
• For which the department determines that stormwater controls are needed based on wasteload allocations; or
• That the department determines are contributing to a violation of a water quality standard or are significant contributors of pollutants to surface waters. In order to comply with the General Permit, the ordinance, as well as, an updated stormwater management manual are required.

In September of 2007, the City initiated a private contract with HDR, Inc., to complete an updated Stormwater Management Manual. This manual is currently under review by the development community with an anticipated Council adoption by summer of 2010. 

At the January 19, 2010, City Council Work Session, staff presented the proposed ordinance and answered questions from the Council.  Staff was given the directive to move forward with a public hearing for the ordinance.  City Council must hold a public hearing and then may:

• Approve the ordinance revision; 
• Not approve the ordinance revision; or
• Modify the revised ordinance upon first reading.

Staff believes it can address the additional workload under this ordinance for the immediate future with existing staff.  Fees, penalties, and additional resource needs will be evaluated and brought to the Council at a future date.

Staff recommends that the City Council conduct a public hearing and approve the ordinance on first reading amending the BMCC by adding Chapter 28, Articles 28-100 through 28-700, containing Sections 28-101 through 28-715.