City of Henderson, NV - Title 13 - STORMWATER REGULATIONS

Henderson, Nevada - Code of Ordinances Title 13 - STORMWATER REGULATIONS SHOW CHANGES MORE VERSION: DEC 16, 2025 (CURRENT) PRINT OR DOWNLOAD TABLE OF CONTENTS MUNICIPAL CODE SUPPLEMENT HISTORY TABLE (This content was modified in this version of the code.) modified EXPAND HENDERSON CITY CHARTER - CHAPTER 266, STATUTES OF NEVADA 1971 HENDERSON CITY CHARTER - CHAPTER 266, STATUTES OF NEVADA 1971 EXPAND TITLE 1 - GENERAL PROVISIONS Title 1 - GENERAL PROVISIONS EXPAND TITLE 2 - ADMINISTRATION AND PERSONNEL Title 2 - ADMINISTRATION AND PERSONNEL EXPAND TITLE 4 - BUSINESS REGULATIONS AND LICENSES Title 4 - BUSINESS REGULATIONS AND LICENSES EXPAND TITLE 5 - HEALTH AND SANITATION Title 5 - HEALTH AND SANITATION EXPAND TITLE 6 - CIVIL SERVICE RULES Title 6 - CIVIL SERVICE RULES EXPAND TITLE 7 - ANIMALS TITLE 7 - ANIMALS (This content was modified in this version of the code.) modified EXPAND TITLE 8 - PUBLIC PEACE AND SAFETY Title 8 - PUBLIC PEACE AND SAFETY EXPAND TITLE 10 - VEHICLES AND TRAFFIC Title 10 - VEHICLES AND TRAFFIC EXPAND TITLE 11 - STREETS AND SIDEWALKS Title 11 - STREETS AND SIDEWALKS COLLAPSE TITLE 13 - STORMWATER REGULATIONS Title 13 - STORMWATER REGULATIONS EXPAND CHAPTER 13.04 - STORMWATER REGULATIONS Chapter 13.04 - STORMWATER REGULATIONS EXPAND TITLE 14 - UTILITY SERVICES Title 14 - UTILITY SERVICES EXPAND TITLE 15 - BUILDINGS AND CONSTRUCTION Title 15 - BUILDINGS AND CONSTRUCTION EXPAND TITLE 17 - RIGHT-OF-WAY MANAGEMENT—COMMUNICATIONS FACILITIES Title 17 - RIGHT-OF-WAY MANAGEMENT—COMMUNICATIONS FACILITIES EXPAND TITLE 18 - COMMUNITY DEVELOPMENT FEES Title 18 - COMMUNITY DEVELOPMENT FEES EXPAND TITLE 19 - DEVELOPMENT CODE Title 19 - DEVELOPMENT CODE Title 19 - DEVELOPMENT CODE (ZONING) STATUTORY REFERENCES FOR NEVADA CITIES TABLE ORDINANCE LIST (This content was modified in this version of the code.) modified TABLE RESOLUTION LIST (This content was modified in this version of the code.) modified CODE COMPARATIVE TABLE AND DISPOSITION LIST—ORDINANCES (This content was modified in this version of the code.) modified 11.10.030 - Waiver. Title 14 - UTILITY SERVICES Title 13 - STORMWATER REGULATIONS SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS Chapters: Chapter 13.04 - STORMWATER REGULATIONS SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS 13.04.010 - Definitions. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS For the purposes of this chapter, the words and terms set forth in this chapter shall be defined as follows: Authorized enforcement agency means employees or designees of the director of the municipal agency designated to enforce this title. Best management practices (BMPs) means the schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act means the Federal Water Pollution Control Act (33 USC Section 1251 et seq.), and any subsequent amendments thereto. Construction activity means activities subject to NPDES Construction Permits. NPDES Storm Water Phase II permits will be required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Dirt means loose earth, ashes and manure, but exclusive of sand and gravel that is to be used in construction work. Garbage means putrescible animal and vegetable wastes, other than source-separated recyclables, that result from the handling, storage, sale, preparation, cooking, and serving of food and that have been discarded or abandoned. Hazardous waste means any waste or combination of wastes, including without limitation solids, semisolids, liquids or contained gases, which: 1. Because of its quantity or concentration or its physical, chemical or infectious characteristics may: a. Cause or significantly contribute to an increase in mortality or serious irreversible or incapacitating illness; or b. Pose a substantial hazard or potential hazard to human health, public safety or the environment when it is given improper treatment, storage, transportation, disposal or other management; 2. Is identified as hazardous waste by the Nevada Department of Conservation and Natural Resources as a result of studies undertaken for the purpose of identifying hazardous wastes. The term includes, but is not limited to, toxins, corrosives, flammable materials, irritants, strong sensitizers and materials which generate pressure by decomposition, heat or otherwise. Hazardous materials means 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 present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal discharge means any direct or indirect non-storm water discharge to the storm drain system, except as exempted in section 13.04.100 of this chapter. Illicit connections. An illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial activity means activities subject to NPDES industrial permits as defined in 40 CFR 122.26(b)(14). Municipal separate storm sewer system (MS4) means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains: (1) owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges into waters of the United States; (2) designed or used for collecting or conveying stormwater; (3) which is not a combined sewer; and (4) which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2. National Pollutant Discharge Elimination System (NPDES) storm water discharge permit means a permit issued by the Nevada Division of Environmental Protection (NDEP) under authority delegated pursuant to 33 USC Section 1342(b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-storm water discharge means any discharge to the storm drain system that is not composed entirely of storm water. Overflow or overflowing solid waste means solid waste of nonresidential customers that is deposited on the ground outside of a solid waste container, or excess solid waste that has been piled onto a solid waste container that is already full to such an extent that the excess solid waste will spill onto the ground in the emptying process, requiring more than minimal manual cleanup of waste from the ground. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant means anything that causes or contributes to pollution. Pollutants may include, but are not limited to: 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, ordnances, and accumulations, so that same 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; and noxious or offensive matter of any kind. Premises means any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. Refuse means those discarded materials that have no useful physical, chemical, or biological properties after serving their original purpose and that cannot be reused or recycled for the same or other purposes. Rubbish means non-putrescible wastes, other than source-separated recyclables, that have been discarded or abandoned such as paper, cardboard, automobiles, cans, wood, glass, bedding, crockery and similar materials. Sewage waste means any solid or semi-solid waste, including biosolids, sludge, screenings and grit. Storm drainage system means publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Stormwater means any surface flow, runoff, or drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater pollution prevention plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility. (Ord. No. 3058, § 1, 9-3-2013; Ord. 2783, § 1, 2008) 13.04.020 - General provisions. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS A. Purpose. The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the city through the regulation of non-storm water discharges to the multiple separate storm sewer system (MS4) to the maximum extent practicable as required by federal, state and local law in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) storm water discharge permit (MS4 permit) issued by the NDEP. B. Policy. The specific objectives of this chapter are to regulate the contribution of pollutants to the MS4 that would cause a violation of the MS4 permit, prohibit illicit connections and discharges to the MS4, and establish the legal authority to carry out all inspection, surveillance and monitoring procedures, and enforcement procedures and activities necessary to ensure compliance with this chapter. C. Scope. The provisions of this chapter shall apply to all residents and property owners of the city, a responsible party operating and maintaining a commercial or industrial business, a responsible party conducting grading and other soil disturbing activities, and/or users of city provided street, storm drainage system, and utility infrastructure. D. Applicability. The provisions of this chapter shall apply to all pollutants, stormwater, or urban use water discharged from any developed and undeveloped lands within the City of Henderson (city), including land owned by local, county, state or federal agencies unless explicitly exempted by the city, Nevada Division of Environmental Protection (NDEP), U.S. Environmental Protection Agency (EPA), or by permit. E. Administration. Except as otherwise provided herein the public works director shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the director may be delegated by the director to persons acting in the beneficial interest. F. Compliance. No discharge of pollutants, stormwater, or urban use water from any developed and undeveloped lands shall be allowed until all applicable development review and approval processes have been followed, all applicable approvals have been obtained, and all required permits or authorizations to proceed have been issued. (Ord. No. 3058, § 1, 9-3-2013; Ord. 2783, § 2, 2008) 13.04.030 - Authority. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS This chapter is enacted pursuant to the powers granted and limitations imposed by the laws of the State of Nevada, including the statutory authority granted in Nevada Revised Statutes (NRS) Chapter 445A. (Ord. No. 3058, § 1, 9-3-2013; Ord. 2783, § 3, 2008) 13.04.040 - Commentary. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS Whenever a provision of this chapter requires additional explanation to clarify its intent, a commentary is included. These commentaries are intended solely as a guide for administrative officials and the public to use in interpreting the chapter. (Ord. No. 3058, § 1, 9-3-2013; Ord. 2783, § 4, 2008) 13.04.050 - Word usage and construction of language. SHARE LINK TO SECTION PRINT SECTION DOWNLOAD (DOCX) OF SECTIONS EMAIL SECTION COMPARE VERSIONS A. Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter shall be construed according to the purpose and intent set out in the general provision section. B. Headings, illustrations, and text. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure, commentary block or illustration, the text shall control. C. Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "including" and "such as," or similar language, are intended to provide examples and not to be exhaustive lists o [Text truncated for display. Full text available on Congress.gov.]