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City of Bend

The City of Bend has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Bend is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Bend will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Bend, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Bend has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.

Excerpt from Integrated Stormwater Management Program

SECTION VII: POST-CONSTRUCTION STORMWATER MANAGEMENT IN NEW AND RE-DEVELOPMENT REGULATORY REQUIREMENT

40 CFR 122.34 (b) (5) – Post-construction storm water management in new development and redevelopment.

(i) You must develop, implement, and enforce a program to address storm water runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into your small MS4. Your program must ensure that controls are in place that would prevent or minimize water quality impacts.

(ii) You must:

(A) Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs) appropriate for your community;

(B) Use an ordinance or other regulatory mechanism to address postconstruction runoff from new development and redevelopment projects to the extent allowable under State, Tribal or local law; and

(iii) Guidance: ….

DEQ WPCF-UIC Municipal Permit Schedule D Special Conditions

Legal Authority. You must adopt and maintaining, through ordinance or other means, adequate legal authority to implement and enforce the provisions of this permit. At a minimum, the legal authority must enable you to:

…b. Prohibit discharge to an underground injection system that may cause a violation of the conditions of this permit from publicly or privately owned properties. ….

Underground Injection Control System Management Plan (UICMP). …After we approve the management plan or any update of the plan, you must implement it. The management plan must include a description of how the elements listed below will be implemented in order to protect groundwater quality: f. Preventing injection of stormwater from loading docks, refueling areas, areas of hazardous and toxic material storage or handling, material storage or handling areas, or other discharges that may contain pollutants above levels of concern; … h. Facility designs or practices that allow you to block discharge into any underground injection systems in the event of an accident, spill, or emergency fire-fighting activity. 55 | Page Bend ISWMP 2022 New and Redevelopment FINAL DRAFT: November 30, 2012 Post Construction Management

EXISTING CONDITIONS/CURRENT PROGRAMS

The purpose of this Element is to ensure that stormwater management is adequately addressed during and after new and re-development. Post-construction controls typically include site designs, proper long-term erosion and sediment controls, other source controls, and treatment controls. The Community Development and Public Works Departments regulate development in Bend. The Bend Development Code (Ordinance NS-2016) and the Grading, Excavation and Stormwater Management (Bend Code Title 16) together with the City’s Standards and Specifications regulate development in Bend.

The Community Development Department along with the Engineering Division conduct pre-development reviews of proposed development projects. Clearing, Grading and Erosion Control permits are issued by the City through the Permit Center.

GENERAL APPROACH

In the first permit period, the City has focused on improving the planning and engineering process with respect to stormwater quality and drainage. The City successfully worked to create manuals and standards of best management practices and preferred controls (i.e., Central Oregon Stormwater Manual, Standards and Specifications (implemented on July 1, 2011). The City has also focused to provide educational opportunities to staff and to inform developers of stormwater requirements and preferences as early in the planning process as possible to ensure that the ideas are incorporated earlier rather than requiring more costly changes if addressed later in the process (i.e. via trainings, webinars, brochures).

In this upcoming permit period, the City will continue to focus on education and now implementation of the revised standards and specifications, and stormwater ordinance (Bend Code Title 16), along with continued stormwater improvement projects on City property. In continuing to develop additional City preferences, all departments affected by development shall be canvassed to determine their concerns and preferences related to drainage and water quality, and preferences or conditions of approval to address these will be compiled.

SELECTED BEST MANAGEMENT PRACTICES

BMP VII-1. Implement the Stormwater Regulations (MS4 and UIC)

Description and Rationale. To help prevent pollutants and illicit discharges related to new and re-development, Bend has developed and approved revisions to the City’s Standards and Specifications (effective July 2011) and Bend Code Title 16 (effective February 2012) to effectively minimize pollutants during the post-construction period into the storm drainage system by requiring long-term pollution prevention facilities and practices at sites and implement appropriate enforcement procedures and actions, prior to the start of the ISWMP 2022 implementation period. This BMP is designed to be implemented in concert with BMP II-2, which is designed to ensure appropriate legal authority for implementation of the stormwater components within this ISWMP.