AN ORDINANCE
NO.

An ordinance amending the Unified Development Ordinance (UDO) for Columbus, Georgia so as to amend certain sections of the Unified Development Ordinance of the Columbus Codes so as to alter code sections 7.12.3, 7.12.4.C, 7.12.4F, 7.12.7.F, 7.12.14 and 8.2.2).
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THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:
SECTION 1.

Section 7.12.3 of the Unified Development Ordinance is hereby amended by altering the for mentioned section to read as follows:

Section 7.12.3 PROHIBITED DISCHARGES.

(A) Prohibited Discharges. It is unlawful, and is a violation of this section, for any person to throw, drain, run, allow to seep or otherwise discharge to any part of any separate storm sewer system, Waters of the United States, or State Waters or to cause, permit, suffer to be thrown, drained, run, allowed to seep or otherwise discharge into any separate storm sewer system, Waters of the United States or State Waters anything except unpolluted storm water runoff, unless otherwise exempted.

(B) It is a defense to prosecution under Subsection (A) that a discharge of water not composed entirely of storm water resulted or occurred exclusively from one or more of the following sources, activities, or events:

(l) Full compliance with an NPDES permit, other than the NPDES permit granted to the Columbus Consolidated Government (CCG) for discharges from the municipal separate storm sewer system.

(2) Discharges or flows from firefighting.

(3) Agricultural storm water runoff.
(5) Lawn watering, landscape irrigation, or other irrigation water.

(6) A diverted stream flow or natural spring.

(7) Uncontaminated pumped groundwater or rising groundwater.
(12) Individual residential car washing.

(13) Water from riparian habitats or wetlands.
(16) Swimming pool water that:
(C) No defense to prosecution is available under Subsection (B) if:

(2) Written notice of such determination has been provided to the discharger; and
(D) In any civil or criminal action, the discharger has the burden of proving that a discharge in violation of Subsection (A) is uncontaminated or falls within a defense to prosecution under Subsection (B). Prima facie proof that a discharge is uncontaminated must be made in the form of an analysis by a certified laboratory, using standard methods or procedures prescribed by USEPA regulations. A copy of the laboratory analysis must be sent to the CCG Director of Engineering.

(E) A person commits an offense if he discharges or causes to be discharged into any separate storm water drainage system, waters of the United States, or state water a pollutant or substance that causes or contributes in causing CCG to violate a water quality standard, CCG's NPDES permit, or any state-issued discharge permit for discharges from the CCG's separate storm water drainage system.

(F) A person commits an offense if he/she discharges or allows or permits the discharge of any of the following into any separate storm water drainage system:

(1) Used oil, antifreeze, or any other motor vehicle fluid.

(2) Industrial waste.

(3) Hazardous waste, including hazardous household waste.

(4) Domestic wastewater, septic tank waste, grease trap waste, or grit trap waste.

(5) Garbage, rubbish, or yard waste.

(6) Wastewater from:

(11) Swimming pool water that contains:

(15) Contaminated runoff from a vehicle wrecking yard.
(G) A person commits an offense if he discharges into any separate storm water drainage system a harmful quantity of sediment, silt, earth, soil or other material associated with:

(1) clearing, grading, excavating, or other construction activities; or
(H) Illicit Connections. It is unlawful for a person, company, corporation, etc. to connect any pipe, open channel or other conveyance system that discharges polluted water to any separate storm sewer system within Columbus, Georgia.
SECTION 2.

Section 7.12.4.C of the Unified Development Ordinance is hereby amended by altering the for mentioned section to read as follows:

C. Applicability
SECTION 3.

Section 7.12.4.F of the Unified Development Ordinance is hereby amended by altering the for mentioned section to read as follows:

F. Additional Requirements
SECTION 4.


Section 7.12.7.F of the Unified Development Ordinance is hereby amended by altering the for mentioned section to read as follows:

F Maintenance of Private Stormwater Management Facilities


SECTION 5.

Section 7.12.14 of the Unified Development Ordinance is hereby amended by adding the for mentioned section to read as follows:

7.12.14. – Monitoring of Industrial Stormwater Dischargers

A. Industrial Stormwater Discharge Permittee Definition


B. Applicability and Exceptions

1. Applicability

SECTOR A: TIMBER PRODUCTS
SIC CODE DESCRIPTION
2421 General Sawmills and Planing Mills
2491 Wood Preserving
2411 Log Storage and Handling
2426 Hardwood Dimension and Flooring Mills
2429 Special Product Sawmills, Not Elsewhere Classified
2431-2439 (except 2434) Millwork, Veneer, Plywood, and Structural Wood (see Sector W)
2448 Wood Pallets and Skids
2449 Wood Containers, Not Elsewhere Classified
2451, 2452 Wood Buildings and Mobile Homes
2493 Reconstituted Wood Products
2499 Wood Products, Not Elsewhere Classified
2441 Nailed and Lock Corner Wood Boxes and Shook

SECTOR B: PAPER AND ALLIED PRODUCTS
SIC CODE DESCRIPTION
2631 Paperboard Mills
2611 Pulp Mills
2621 Paper Mills
2652-2657 Paperboard Containers and Boxes
2671-2679 Converted Paper and Paperboard Products, Except Containers and Boxes

SECTOR C: CHEMICALS AND ALLIED PRODUCTS
SIC CODE DESCRIPTION
2873-2879 Agricultural Chemicals
2812-2819 Industrial Inorganic Chemicals
2841-2844 Soaps, Detergents, and Cleaning Preparations; Perfumes, 2821-2824 Plastics Materials and Synthetic Resins, Synthetic Rubber, 2833-2836 Medicinal Chemicals and Botanical Products; Pharmaceutical Preparations; in vitro and in vivo Diagnostic Substances; and Biological Products, Except Diagnostic Substances
2851 Paints, Varnishes, Lacquers, Enamels, and Allied Products
2861-2869 Industrial Organic Chemicals
2891-2899 Miscellaneous Chemical Products
3952 (limited to list of inks and paints)Inks and Paints, Including China Painting Enamels, India Ink, Drawing Ink, Platinum Paints for Burnt Wood or Leather Work, Paints for China Painting, Artist’s Paints and Watercolors
2911 Petroleum Refining

SECTOR D: ASPHALT PAVING AND ROOFING MATERIALS AND LUBRICANTS
SIC CODE DESCRIPTION
2951, 2952 Asphalt Paving and Roofing Materials
2992, 2999 Miscellaneous Products of Petroleum and Coal

SECTOR E: GLASS, CLAY, CEMENT, CONCRETE, AND GYPSUM PRODUCTS
SIC CODE DESCRIPTION
3251-3259 Structural Clay Products
3261-3269 Pottery and Related Products
3271-3274 Concrete and Plaster Products
3211 Flat Glass
3221, 3229 Glass and Glassware, Pressed or Blown
3231 Glass Products Made of Purchased Glass
3241 Hydraulic Cement
3275 Gypsum
3281 Cut Stone and Stone Products
3291-3299 Abrasive, Asbestos, and Miscellaneous Nonmetallic Mineral Products

SECTOR F: PRIMARY METALS
SIC CODE DESCRIPTION
3312-3317 Steel Works, Blast Furnaces, and Rolling and Finishing Mills
3321-3325 Iron and Steel Foundries
3351-3357 Rolling, Drawing, and Extruding of Nonferrous Metals
3363-3369 Nonferrous Foundries (Castings)
3331-3339 Primary Smelting and Refining of Nonferrous Metals
3341 Secondary Smelting and Refining of Nonferrous Metals
3398, 3399 Miscellaneous Primary Metal Products

SECTOR G: TRANSPORTATION EQUIPMENT, INDUSTRIAL OR COMMERCIAL MACHINERY
SIC CODE DESCRIPTION
3511-3599 Industrial and Commercial Machinery, Except Computer and Office Equipment (see Sector H)
(except 3571-
3579)

3711-3799 Transportation Equipment Except Ship and Boat Building and Repairing (see Sector R)
(except 3731,
3732)

SECTOR H: ELECTRONIC, ELECTRICAL, PHOTOGRAPHIC, AND OPTICAL GOODS
SIC CODE DESCRIPTION
3571-3579 Computer and Office Equipment
3812-3873 Measuring, Analyzing, and Controlling Instruments; 3612-3699 Electronic and Electrical Equipment and Components, Except Computer Equipment

SECTOR I: OIL AND GAS EXTRACTION
SIC CODE DESCRIPTION
1311 Crude Petroleum and Natural Gas
1321 Natural Gas Liquids
1381-1389 Oil and Gas Field Services

SECTOR J: MINING AND DRESSING
SIC CODE DESCRIPTION
1011, 1021, Mining
1031, 1041,
1044, 1061,
1081, 1094,
1099, 1411,
1422-1429,
1442, 1446,
1459, 1474-
1479, 1481,
1499
1455 Kaolin and Clay Ball Mining

SECTOR K: HAZARDOUS WASTE TREATMENT, STORAGE, OR DISPOSAL FACILITIES
SIC CODE DESCRIPTION
HZ Hazardous Waste Treatment, Storage, or Disposal Facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA

SECTOR L: LANDFILLS, LAND APPLICATION SITES, AND OPEN DUMPS
SIC CODE DESCRIPTION
LF All Landfill, Land Application Sites and Open Dumps
LF All Landfill, Land Application Sites and Open Dumps, except Municipal Solid Waste Landfill (MSWLF) Areas Closed in Accordance with 40 CFR 258.60

SECTOR M: AUTOMOBILE SALVAGE YARDS
SIC CODE DESCRIPTION
5015 Automobile Salvage Yards

SECTOR N: SCRAP RECYCLING FACILITIES
SIC CODE DESCRIPTION
5093 Scrap Recycling Facilities and Liquid Recycling Facilities
5093 Source-separated Recycling Facility

SECTOR O: STEAM ELECTRIC GENERATING FACILITIES
SIC CODE DESCRIPTION
SE Steam Electric Generating Facilities, including coal handling sites

SECTOR P: LAND TRANSPORTATION AND WAREHOUSING
SIC CODE DESCRIPTION
4011, 4013 Railroad Transportation
4111-4173 Local and Highway Passenger Transportation
4212-4231 Motor Freight Transportation and Warehousing
4311 United States Postal Service
5171 Petroleum Bulk Stations and Terminals

SECTOR Q: WATER TRANSPORTATION: MAINTENANCE/CLEANING
SIC CODE DESCRIPTION
4412-4499 Water Transportation Facilities

SECTOR R: SHIP AND BOAT BUILDING AND REPAIRING YARDS
SIC CODE DESCRIPTION
3731, 3732 Ship and Boat Building or Repairing Yards

SECTOR S: AIR TRANSPORTATION FACILITIES
SIC CODE DESCRIPTION
4512-4581 Air Transportation Facilities

SECTOR T: TREATMENT WORKS
SIC CODE DESCRIPTION
TW Treatment Works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, with a design flow of 1.0 MGD or more, or required to have an approved pretreatment program under 40 CFR Part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the Clean Water Act (CWA).

SECTOR U: FOOD AND KINDRED PRODUCTS
SIC CODE DESCRIPTION
2041-2048 Grain Mill Products
2074-2079 Fats and Oils Products
2011-2015 Meat Products
2021-2026 Dairy Products
2032-2038 Canned, Frozen, and Preserved Fruits, Vegetables, and Food Specialties
2051-2053 Bakery Products
2061-2068 Sugar and Confectionery Products
2082-2087 Beverages
2091-2099 Miscellaneous Food Preparations and Kindred Products
2111-2141 Tobacco Products

SECTOR V: TEXTILE MILLS, APPAREL, AND OTHER FABRIC PRODUCT MANUFACTURING; LEATHER AND LEATHER PRODUCTS
SIC CODE DESCRIPTION
2211-2299 Textile Mill Products
2311-2399 Apparel and Other Finished Products Made from Fabrics and Similar Materials
3131-3199 Leather and Leather Products (note: see Sector Z1 for Leather Tanning and Finishing)

SECTOR W: FURNITURE AND FIXTURES
SIC CODE DESCRIPTION
2434 Wood Kitchen Cabinets
2511-2599 Furniture and Fixtures

SECTOR X: PRINTING AND PUBLISHING
SIC CODE DESCRIPTION
2711-2796 Printing, Publishing, and Allied Industries

SECTOR Y: RUBBER, MISCELLANEOUS PLASTIC PRODUCTS, AND MISCELLANEOUS MANUFACTURING INDUSTRIES
SIC CODE DESCRIPTION
3011 Tires and Inner Tubes
3021 Rubber and Plastics Footwear
3052, 3053 Gaskets, Packing and Sealing Devices, and Rubber and Plastic Hoses and Belting
3061, 3069 Fabricated Rubber Products, Not Elsewhere Classified
3081-3089 Miscellaneous Plastics Products
3931 Musical Instruments
3942-3949 Dolls, Toys, Games, and Sporting and Athletic Goods
3951-3955 Pens, Pencils, and Other Artists’ Materials
(except 3952 –
see Sector C)
3961, 3965 Costume Jewelry, Costume Novelties, Buttons, and 3991-3999 Miscellaneous Manufacturing Industries

SECTOR Z: LEATHER TANNING AND FINISHING
SIC CODE DESCRIPTION
3111 (also see Leather Tanning and Finishing
sector V.)

SECTOR AA: FABRICATED METAL PRODUCTS
SIC CODE DESCRIPTION
3411-3499 Fabricated Metal Products, Except Machinery and (except 3479)
3911-3915 Jewelry, Silverware, and Plated Ware
3479 Fabricated Metal Coating and Engraving

NON-CLASSIFIED FACILITIES

Other storm water discharges designated by the Director of the Georgia Environmental Protection Division as needing a permit (see 40 CFR 122.26(a)(9)(i)(C) and (D)) with industrial activity not described by any of Sectors A-AA. NOTE: Facilities may not elect to be covered under Sector AB. Only the Director of the Georgia Environmental Protection Division may assign a facility to Sector AB.

2. Exceptions

a. Applicable facilities located within Columbus-Muscogee County’s Combined Sewer Area are not required to obtain coverage under the State of Georgia’s Industrial Stormwater Discharge Permit and are therefore exempt from the requirements of this section.

b. Facilities that have satisfied the conditions of “No Exposure Exclusion” are not subject to this section.

C. Notification of Applicability

D. Reporting of Regulatory Inspections/Sample Analysis Reports

1. Purpose

a. The Columbus Consolidated Government is required to develop, implement and maintain an Industrial Stormwater Monitoring Program as a NPDES Phase I Municipal Stormwater Permittee. This section is designed to fully satisfy that mandate.

2.Reporting and Required Documentation

a. The owner/manager of a covered facility shall submit an Annual Stormwater Compliance Report to the City. This annual report will document all inspection, sampling and maintenance activities conducted by the permittee each calendar year. Blank annual stormwater compliance reports, provided by the City, shall be completed by the permittee or his/her designee for each permitted site and returned to the City by either certified mail or email (stormwaterreports@columbusga.org) no later than January 31 of the following year. This requirement applies to all covered facilities and shall go into effect January 1, 2016. The first reports under the requirement will be due no later than January 31, 2017.

b. Required documentation under this section includes:

1. CCG Compliance Form

2. Signed Stormwater Pollution Prevention Plan Certification (as required by State permit)

3. Quarterly Visual First Flush Examination Forms (as required by State permit)

4. Annual Laboratory Analysis Summary (if required by State permit)

5. Annual Compliance Inspection Report (as required by State permit)

E. Failure to Report

1. Failure to provide the City with an adequate Annual Stormwater Compliance Report by the deadline shall be a violation of this Chapter.
SECTION 5.

Section 8.2.2 of the Unified Development Ordinance is hereby amended by altering the for mentioned section to read as follows:

A. Reserved

B. Site Development Permit (SDP). Site Development Permits shall be required for all non-exempt land disturbing activities other than those requiring a Minor Land Disturbing Permit, Work on the Right-of-Way Permit or Access/Encroachment Permit. Site Development permits are required for all projects involving land disturbing activities greater than 5000 square feet.

C. Minor Land Disturbance Permits (MLD). A Minor Land Disturbance Permit (MLD) may be issued for land disturbing projects with durations less than 2 weeks and that disturb less than 5000 square feet.

D. Street Cut/Work on the Right-of-Way. See Chapter 8, Article 8.

E. Access/Encroachment Permit. See Chapter 7, Article 9.

SECTION 6.

All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
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Introduced at a regular meeting of the Council of Columbus, Georgia held on the 13th day of October, 2015 introduced a second time at a regular meeting of said Council held on the ______ day of ____________, 2015, and adopted at said meeting by the affirmative vote of ________ members of said Council.

Councilor Allen voting____________.
Councilor Baker voting____________.
Councilor Barnes voting____________.
Councilor Buck voting____________.
Councilor Davis voting____________.
Councilor Henderson voting____________.
Councilor Huff voting____________.
Councilor Pugh voting____________.
Councilor Thomas voting____________.
Councilor Woodson voting____________.


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TINY B. WASHINGTON TERESA PIKE TOMLINSON
CLERK MAYOR