13.08.040 Unlawful activities.
It is unlawful for any person, either alone or acting in concert with others, to:
A. Take water from the PWW or open any stopcock, valve or other appurtenance connected with the PWW, or in any way divert water from its course in the regular ditches or pipes supplying water to the city, without board approval;
B. Use, own or possess a key to a curb stop or to any other stop or valve controlling water mains or service pipes, over which the board has control, except a licensed plumber, officer, agent or employee of the board may use, own or possess such a key. No such key shall be loaned to any person for any purpose, nor shall any key be in the possession of any individual other than a licensed plumber, officer, agent or employee of the board;
C. Use water from the PWW or permit water to be drawn, unless the water passes through a meter supplied or approved by the board, or a hydrant use permit has been obtained, except for the extinguishment of fires or if the person using the water is an authorized city or board employee engaged in municipal work;
D. Refuse to permit the board to enter any premises where utility services are being received, at all reasonable times, to install, read, operate, monitor, inspect, repair or remove any appurtenance used in connection with the supply, metering or monitoring of the utility service;
E. Operate fire hydrants or interfere with the PWW without first obtaining a permit, unless an authorized employee of the city engaged in municipal work;
F. Tap distribution mains or pipes of the water system or operate valves or make connections to the system, unless authorized by the board;
G. Permit water from the PWW to be used for any purpose except upon the person's own premises or for the extinguishment of fires, unless authorized by the board;
H. Permit a physical connection to be installed between a private water supply and the PWW;
I. Waste water from the PWW, whether metered or not. No leaks in service pipes, connecting pipes or any water fixture are permitted. If leaks are not promptly repaired as directed by the board so as to stop the waste of water, the water shall be shut off until the leak is repaired;
J. Bathe, wash. place or cast refuse or anything whatsoever in any ditch, reservoir or settling basin of the city, or discharge firearms over or near such ditches, reservoirs or settling basins; or
K. Place a sprinkler, hose or other irrigating device on any premises so that it sprinkles or throws water upon, across or over any sidewalk, street, road or alley.
(2001 In-house code § 44-28)
The following definitions apply to this chapter:
"Act" means the Federal Water Pollution Control Act, as amended by the Clean Water Act and the Water Quality Act of 1987, 33 U.S.C. Section 1251 et seq.
"Approval authority" means the Administrator of the United States Environmental Protection Agency or his or her duly authorized representative.
"Authorized representative of industrial user" means:
1. In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;
2. In the case of a partnership or proprietorship, a general partner or proprietor; and
3. An authorized representative of the individual designated above, if:
a. Such representative is responsible for overall operation of the facility from which the discharge into the POTW originates,
b. The authorization is in writing, and
c. The written authorization is submitted to the board.
"Board of public utilities," "board" or "BOPU" means the board of public utilities of the city, or its duly authorized designee.
"BOD (biochemical oxygen demand)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Celsius expressed in milligrams per liter.
"Bypass" means the intentional diversion of wastestreams from any portion of an industrial user's treatment facility.
"City" means the city of Cheyenne, a municipal corporation of the state of Wyoming and its BOPU.
"Director" means the director of the BOPU as defined in the Wyoming Statutes, who shall have general supervision over all activities, property and employees of the BOPU, or his or her authorized representative.
"Environmental Protection Agency" (EPA) means the United States Environmental Protection Agency, or the administrator or other duly authorized official of the EPA.
"Industrial user" or "user" means any person who introduces pollutants into a POTW from any nondomestic source regulated under the act, state law or local ordinance.
"Interference" means any discharge which alone or in conjunction with a discharge or discharges from other sources:
1. Inhibits or disrupts the POTW, or its sludge use or disposal; and
2. Therefore is a cause of a violation of the POTW's NPDES permit (including an increase in the magnitude of duration of a violation) or of the prevention of sewage sludge use or disposal.
"National categorical pretreatment standard" or "categorical pretreatment standard" means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317) which applies to a specific category of industrial users.
"National Pollution Discharge Elimination System Permit" or "NPDES permit" means a permit issued pursuant to Section 402 of the Act (33 U.S.C. Section 1342).
"New source" means any building, structure, facility or installation of which the construction commenced after the publication of proposed pretreatment standards under Section 307(c) of the Act (33 U.S.C. Section 1317) which will be applicable to such source if such standards are thereafter promulgated in accordance with that section; provided, that (i) the construction is a site at which no other source is located; or (ii) the process or production equipment that causes the discharge of pollutants at an existing source is totally replaced; or (iii) the production or wastewater generating processes are substantially independent of an existing source at the same site.
"Pass-through" means a discharge which exits the POTW into waters of the state in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, causes a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).
"pH" means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in grams per liter of solution.
"Pollutant" means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discharged equipment, rock, sand, cellar dirt and industrial, municipal, commercial and agricultural waste or any other contaminant.
"Pretreatment" or "treatment" means the reduction, elimination or alteration of pollutant properties to a less harmful state prior to or in lieu of discharge or introduction into a POTW. This can be accomplished by physical, chemical or biological processes, process changes or other means, except as prohibited by 40 C.F.R. Section 403.6(d).
"Pretreatment requirements" mean any substantive or procedural requirements related to pretreatment, other than a national pretreatment standard, imposed on an industrial user.
"Pretreatment standard" or "standard" means any local, state or federal regulation containing pollutant discharge limits including those promulgated under 40 C.F.R. Section 403.5, and categorical pretreatment standards.
"Publicly owned treatment works (POTW)" means wastewater treatment works owned by the city. This includes sewers, pipes and equipment used to convey wastewaters to the POTW from persons both inside and outside Cheyenne who are users of the POTW, and treatment plants.
"Severe property damage" means substantial physical damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not include economic loss caused by delays in production.
"Sewer use charge" means a monthly charge to users of the POTW based on sewage volume, strength and/or flow.
Significant Industrial User.
1. Except as provided in subdivision (1)(b) of this subsection, "significant industrial user" means:
a. Industrial users subject to categorical pretreatment standards under 40 C.F.R. Section 403.6 and 40 C.F.R. Chapter I, Subchapter N;
b. Any other industrial user that discharges an average of twenty-five thousand (25,000) gallons per day or more of process wastewater to the POTW, excluding sanitary, noncontact cooling and boiler blow down wastewater;
c. Industrial users contributing a process wastestream which makes up five percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
d. Industrial users designated as such by the BOPU on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement.
2. Upon a finding that an industrial user meeting the criteria of subdivision (1)(b) of this subsection has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW may at any time, on its own initiative or in response to a petition received from an industrial user or POTW, and in accordance with 40 C.F.R. Section 403.8(f)(6), determine that such industrial user is not a significant industrial user.
"Significant noncompliance" means:
1. Chronic violations of wastewater discharge limits, defined here as those in which sixty-six (66) percent or more of all the measurements for each pollutant parameter taken during a six-month period exceed, by any magnitude, the daily maximum limit or the average limit for the same pollutant parameter;
2. Technical review criteria (TRC) violations, defined here as those in which thirty-three (33) percent or more of all the measurements for each pollutant parameter taken during a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH);
3. Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the BOPU determines has caused, alone or in combination with other discharges, interference or pass-through (including endangering the health of POTW personnel or the general public);
4. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under 40 C.F.R. Section 403.8(f)(1)(vi)(B) to halt or prevent such a discharge;
5. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance;
6. Failure to provide, within thirty (30) days after the due date, required reports such as baseline monitoring reports, ninety (90) day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules;
7. Failure to accurately report noncompliance; or
8. Any other violations which the control authority determines will adversely affect the operation or implementation of the local pretreatment program.
"Slug discharge" means any discharge of a non routine, episodic nature including, but not limited to, an accidental spill or a non-customary batch discharge.
"Standard industrial classification" means a classification pursuant to the Standard Industrial Classification Manual.
"State" means the state of Wyoming.
"Toxic pollutant" means any pollutant or combination of pollutants identified as toxic pursuant to Section 307(a) of the Act or other federal statutes or in regulations promulgated by the state under state law.
"Wastewater" means the liquid- and water-carried industrial or domestic wastes from dwellings, commercial buildings, industrial facilities and institutions, whether treated or untreated.
"Wastewater treatment division manager" means the person or persons charged by the BOPU with direct responsibility for monitoring and administering the industrial pretreatment program developed pursuant to this chapter.
"Waters of the state" includes:
1. Both surface and groundwater within the boundaries of the state subject to its jurisdiction, including all ponds, lakes, rivers, streams, public ditches, tax ditches, and public drainage systems within the state, other than those designed and used to collect, convey or dispose of sanitary sewage, and any other waters specified by state law; and
2. The floodplain free-flowing waters determined by the department of natural resources on the basis of one hundred (100) year flood frequency.
(2001 In-house code § 45-2)
13.20.150 Wastewater contribution permits.
A. General Permits. All significant industrial users proposing to connect to or contribute to the POTW shall obtain a wastewater contribution permit before connecting to or contributing to the POTW. All existing industrial users shall obtain a wastewater contribution permit within one hundred eighty (180) days after June 10, 1991.
B. Permit Application. Existing users required to obtain a wastewater contribution permit shall complete and file with the BOPU an application in the form prescribed by the BOPU, accompanied by the required fees, within thirty (30) days after the effective date of this chapter. Proposed new users shall apply at least ninety (90) days prior to connecting to or contributing to the POTW. On the application, the user shall submit the following information in units and terms appropriate for evaluation:
1. Name, address and location of the facility (if different from the address) and the names of owners and operators;
2. SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended;
3. Wastewater constituents and characteristics including, but not limited to, those mentioned in Section 13.20.040 of this chapter, as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40 C.F.R. pt. 136, as amended;
4. Time and duration of contribution;
5. Average daily and thirty (30) minute peak wastewater flow rates including daily, monthly and seasonal variations, if any;
6. Site plans, floor plans, mechanical and plumbing plans, and details showing all sewers, sewer connections and appurtenances by size, location and elevation and a current water use schematic;
7. Description of activities, facilities and plant processes on the premises including all materials which are or could be discharged;
8. The nature and concentration of any pollutants in the discharge which are limited by any federal, state or local limits and a statement signed by an authorized representative of the user and certified by a qualified professional regarding whether or not the pretreatment standards are being met on a consistent basis, and if not, whether additional O&M and/or additional pretreatment are required for the user to meet applicable pretreatment standards;
9. If additional pretreatment and/or O&M are required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. The following conditions apply to this schedule:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required,
b. No increment referred to in subsection (B)(9)(a) of this section shall exceed nine months, and
c. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the WTDM including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the user to return to the schedule established. In no event shall more than nine months elapse between such progress reports;
10. Each product and/or by-product produced by type, amount, process or processes, and rate of production;
11. Type and amount of raw materials processed (average and maximum per day);
12. Number and type of employees and hours of operation of plant and proposed or actual hours of operation of pretreatment system;
13. List of any environmental control permits held by or for the facility; and
14. Other information the BOPU deems necessary for evaluation.
The BOPU will evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the BOPU may issue a wastewater contribution permit subject to terms and conditions provided herein.
(2001 In-house code § 45-15)
13.20.260 Baseline report (for categorical dischargers only).
A. Industrial users subject to national categorical pretreatment standards shall submit baseline reports to the POTW in a form prescribed and furnished by the POTW.
B. Within one hundred eighty(180) days after the effective date of a national categorical pretreatment standard, or one hundred eighty (180) days after a final administrative decision has been made upon a categorical determination submission in accordance with 40 C.F.R. Section 403.6(a)(4), whichever is later, industrial users which are existing sources subject to such national categorical pretreatment standards and currently discharging to the POTW shall submit a properly completed baseline report.
C. New sources, when subject to a national categorical pretreatment standard, shall submit a baseline report at least ninety (90) days prior to commencement of discharge to the POTW.
D. In support of the baseline report, the industrial user shall submit, in units and terms specified in the application, the following information:
1. Name and address of the facility including the name of the operator and owners;
2. List of any environmental control permits held by or for the facility;
3. Brief description of the nature, average rate of production, and standard industrial classification of the operation(s) carried out by such user. This description shall include a schematic process diagram indicating points of discharge to the POTW from the regulated processes;
4. Information showing the measured average daily and maximum daily flow, in gallons per day, to the POTW from each of the following:
a. Regulated process streams, and
b. Other streams as necessary to allow use of the combined wastestream formula of 40 C.F.R. Section 403.6(e);
5. The industrial user shall identify the national categorical pretreatment standards applicable to each regulated process, and shall:
a. Submit the results of sampling and analysis identifying the nature and concentration of regulated pollutants in the discharge from each regulated process. Both daily maximum and average concentrations shall be reported. The sample shall be representative of daily operations,
b. A minimum of four grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organics. For all other pollutants, twenty-four (24) hour composite samples must be obtained through flow proportional composite sampling techniques where feasible. The BOPU may waive flow-proportional sampling if feasible. In such cases samples may be obtained through time-proportional composite sampling techniques or through a minimum of four grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged,
c. The user shall take a minimum of one representative sample to compile that data necessary to comply with the requirements of this subdivision,
d. Samples should be taken immediately downstream from pretreatment facilities if such exist or immediately downstream from the regulated process if no pretreatment exists. If other wastewaters are mixed with the regulated wastewater prior to pretreatment, the user should measure the flows and concentrations necessary to allow use of the combined wastestream formula of 40 C.F.R. Section 403.6(e) in order to evaluate compliance with the pretreatment standards. Where an alternate concentration or mass limit has been calculated in accordance with 40 C.F.R. Section 403.6(e), this adjusted limit along with supporting data shall be submitted to the POTW;
6. The industrial user shall provide a statement, reviewed by an authorized representative of the industrial user and certified by a qualified professional, indicating whether national categorical pretreatment standards are being met on a consistent basis, and if not, whether additional O&M or additional pretreatment are required for the industrial user to meet the national categorical pretreatment standards;
7. If additional pretreatment or O&M will be required to meet the national categorical pretreatment standards, the industrial user will provide the shortest schedule which will provide such additional pretreatment or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable national categorical pretreatment standard.
a. Where the industrial user's national categorical pretreatment standard has been modified by a combined wastestream formula (40 C.F.R. Section 403.15), at the time the industrial user submits a baseline report, the information required in subsections (D)(6) and (7) of this section shall pertain to the modified limits.
b. If the national categorical pretreatment standard for the industrial user is modified after the baseline report is submitted, the industrial user shall make any necessary amendments to information provided as a response to subsections (D)(6) and (7) of this section and submit them to the POTW within sixty (60) days after the modified limit is approved;
8. The following conditions shall apply to any schedule submitted in response to subsection (D)(7) of this section:
a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the user to meet the applicable national categorical pretreatment standards (e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.),
b. No increment referred to in subsection (D)(8) of this section shall exceed nine months,
c. No later than fourteen (14) days following each date in the schedule and the final date for compliance, the user shall submit a progress report to the POTW including, at a minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the industrial user to return the construction to the schedule established. In no event shall more than nine months elapse between such progress reports;
9. Such other information as may be reasonably requested by the POTW.
(2001 In-house code § 45-26)
13.20.440 Administrative enforcement remedies.
A. Notification of Violation. When the POTW finds that any industrial user has violated or is violating this chapter or a wastewater permit or order issued hereunder, the POTW shall serve upon the user written notice of the violation. Within ten (10) days of receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and presentation thereof, to include specific required actions, shall be submitted to the POTW. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation.
B. Consent Orders. The POTW is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the industrial user responsible for the noncompliance. Such orders will include compliance schedules, stipulated fines or remedial actions, and signatures of the director and industry representatives.
C. Show Cause Order. The POTW may order any user which causes or contributes to violation of this chapter to show cause why a proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action. The notice of the meeting shall be served by certified mail, return receipt requested, at least ten (10) days prior to any hearing upon the authorized representative.
D. Compliance Order. When the POTW finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, it may issue an order to the user responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued unless adequate treatment facilities, devices or other related appurtenances have been installed and are properly operated and compliance is achieved. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance.
E. Cease and Desist Orders. When the POTW finds that an industrial user has violated or continues to violate this chapter or any permit or order issued hereunder, the POTW may issue an order to cease and desist all such violations immediately. The following shall apply to cease and desist orders:
1. In an emergency, the order to cease and desist may be given by telephone;
2. In nonemergency situations, the cease and desist order may suspend or permanently revoke industrial wastewater discharge permits; and
3. The cease and desist order may require the industrial user to take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge.
F. Administrative Fines. Notwithstanding any other section of this chapter, any user found to have violated any provisions of this chapter or any permit or order issued hereunder shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day on which noncompliance occurs or continues shall be deemed a separate and distinct violation. Such assessments may be added to the user's next scheduled sewer service charge, and the POTW shall have all other collection remedies available to collect other service charges and any other remedy provided by law. Unpaid charges, fines and penalties shall constitute a lien against the individual user's property. Industrial users desiring to dispute such fines must file a request for the director to reconsider a fine within ten (10) days of being notified of the fine. Where the director believes a request has merit, he or she shall convene a hearing on the matter within fifteen (15) days of receiving the request.
G. Emergency Suspensions.
1. The director may suspend the wastewater treatment service and/or wastewater permit of an industrial user whenever necessary to stop an actual or threatened discharge presenting or causing an imminent or substantial endangerment to the health or welfare of persons, the POTW or the environment.
2. Any user notified of a suspension of the wastewater treatment service and/or the wastewater permit shall immediately stop or eliminate its discharge. If a user fails to immediately comply voluntarily with the suspension order, the POTW shall take such steps as necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the POTW, its receiving stream, or endangerment to life or environment. The POTW shall allow the user to recommence its discharge when the endangerment has passed, unless the permit termination proceedings set forth in subsection H of this section are initiated against the user.
3. Any industrial user responsible, in whole or in part, for imminent endangerment shall submit a detailed written statement describing the causes of the harmful contribution and the measures taken to prevent any future occurrence to the POTW not less than five days prior to the date of the hearing described in subsection F of this section.
H. Termination of Permit. Significant industrial users who violate the following conditions of this chapter or a wastewater discharge permit or order, or any applicable state and federal law, are subject to permit termination:
1. Violation of permit conditions;
2. Failure to accurately report the wastewater constituents and characteristics of its discharge;
3. Failure to report significant changes in operations or wastewater constituents and characteristics; or
4. Refusal of access to the user's premises for the purpose of inspection, monitoring or sampling.
Noncompliant users will be notified of the proposed termination of their wastewater permit and may be offered an opportunity to show cause under subsection C of this section why the proposed action should not be taken.
(2001 In-house code § 45-44)
Unless specifically defined below, the words or phrases used in this chapter pertaining to flood damage prevention shall be interpreted to give them the meaning they have in common usage and to provide for its most reasonable application:
"Alluvial fan flooding" means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
"Apex" means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Area of shallow flooding" means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
"Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor sub-grade (below ground level) on all sides.
"Critical feature" means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
"Development" means any man-made change in improved and unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
"Elevated building" means a nonbasement building:
1. Built, in the case of a building in Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in Zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water; and
2. Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations.
"Existing construction" means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"Flood Insurance Rate Map (FIRM)" means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood insurance study" means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map (FBFM).
"Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
"Flood proofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
"Flood protection system" means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage including, but not limited to, emergency preparedness plans, flood control works and floodplain management regulations.
"Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flood").
"Floodway (regulatory floodway)" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
"Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirement of Section 60.3 of the National Flood Insurance Program regulations.
"Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction" means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
"Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred (400) square feet or less when measured at the largest horizontal projections;
3. Designed to be self-propelled or permanently towable by a light duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Start of construction" (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
"Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
"Variance" means a grant of relief to a person from the requirements of this chapter when specific enforcement would result in unnecessary hardship. A variance permits construction or development in a manner otherwise prohibited by this chapter (for full requirements, see Section 60.6 of the National Flood Insurance Program regulations).
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. 3739 § 1 (part), 2007)
13.24.110 Floodplain administrator--Designation, duties and responsibilities.
A. The city engineer is designated as the floodplain administrator to administer and implement the provisions of this chapter and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management.
B. Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:
1. Maintain and hold open for public inspection all records pertaining to the provisions of this chapter.
2. Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, are in compliance with minimum standards of NFIP for floodplain construction. Require developers to provide elevation certifications demonstrating that each lowest floor elevation is at least one foot above base flood elevation.
3. Review, approve or deny all applications for development permits required by this chapter.
4. Review permits for proposed developments. Require the developers to assure that all required permits are obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
5. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation.
6. Notify, in riverine situations, adjacent communities and the Wyoming Homeland Security Office, State Floodplain Manager, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
7. Assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.
8. When base flood elevation data has not been provided in accordance with Section 13.24.060 of this chapter, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a federal, state or other source, in order to administer the provisions of Sections 13.24.140 through 13.24.180 of this chapter.
9. When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.
10. Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision).
(Ord. 3739 § 1 (part), 2007)
13.24.120 Permit procedures.
A. Application for a development permit shall be presented to the floodplain administrator on forms furnished by him or her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
1. An elevation certificate delineating elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
2. Elevation in relation to mean sea level to which any nonresidential structure shall be flood-proofed;
3. A certificate from a registered professional engineer or architect that the nonresidential flood-proofed structure shall meet the flood-proofing criteria of Section 13.24.150(A)(2) of this chapter;
4. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;
5. Maintain a record of all such information in accordance with Section 13.24.110(B)(1) of this chapter.
B. Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this chapter and the following relevant factors:
1. The danger to life and property due to flooding or erosion damage;
2. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
3. The danger that materials may be swept onto other lands to the injury of others;
4. The compatibility of the proposed use with existing and anticipated development;
5. The safety of access to the property in times of flood for ordinary and emergency vehicles;
6. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
7. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
8. The necessity to the facility of a waterfront location, where applicable;
9. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
10. The relationship of the proposed use to the comprehensive plan for that area.
(Ord. 3739 § 1 (part), 2007)
13.24.130 Variance procedures.
A. The city engineer's office or an appeal board as established by the community shall hear and render judgment on requests for variances from the requirements of this chapter. In order to hear and render judgment on requests for variance, a floodplain and surface water management review board is created. The board will consist of three members, who are not employees of the city, who are qualified by experience and training to deal with matters pertaining to floodplain and surface water management.
1. Board members shall be appointed by the mayor, with consent of city council. Appointments will be for a term of three years, except that a member appointed to fill a vacancy shall be appointed for the unexpired term of the vacancy.
2. The board is authorized to adopt rules of procedure pursuant to Wyo. Stat. Section 16-3-101 et seq. for conducting its business, and will render all decisions and findings in writing to the appellant with a duplicate copy to the city engineer and building official.
3. The city engineer shall be an ex officio member of the board, without vote, and shall serve as clerk to the board.
B. The board shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of the provisions of this chapter. The board shall have no authority to waive requirements of this chapter except as specifically provided for in deciding on applications for variances.
C. Any person or persons aggrieved by the decision of the board may appeal such decision pursuant to the provisions of Wyo. Stat. Section 16-3-114.
D. The floodplain administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
E. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remaining sections of this chapter.
F. Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 13.24.120(A)(2) of this chapter have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
G. Upon consideration of the factors noted above and the intent of this chapter, the board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives set out in this chapter.
H. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
I. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
J. Prerequisites for granting variances:
1. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
2. Variances shall only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
3. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
K. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:
1. The criteria outlined in Section 13.24.130(A) through (J) of this chapter are met; and
2. The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
(Ord. 3739 § 1 (part), 2007)
13.24.150 Flood hazard reduction--Specific standards.
A. In all areas of special flood hazards where base flood elevation data has been provided as set forth in Sections 13.24.060, 13.24.110(B)(8) or 13.24.160(C) of this chapter, the following provisions are required:
1. Residential Construction. New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated one foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in Section 13.24.130(A)(1) of this chapter is satisfied.
2. Nonresidential Construction. New construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood-proofed shall be maintained by the floodplain administrator.
3. Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
a. All manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
b. Manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites: (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
c. Manufactured homes placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of this section (this subsection, Manufactured Homes) shall be elevated so that:
i. The lowest floor of the manufactured home is one foot above the base flood elevation, or
ii. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
5. Recreational Vehicles. Require that recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community's FIRM shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days;
b. Be fully licensed and ready for highway use; or
c. Meet the permit requirements of Section 13.24.120(A)(1) of this chapter, and the elevation and anchoring requirements for "manufactured homes" of this section (this subsection, Manufactured Homes). A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
(Ord. 3739 § 1 (part), 2007)