HomeMy WebLinkAbout1123_Part 18_Stormwater Management Program Chapters 1&2Tulsa County Clerk - Michael Willis
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,ASSO, OKLAHOMA
ORDINANCE 1123
AN ORDINANCE AMENDING PART EIGHTEEN (18), STORMWATER MANAGEMENT,
CHAPTER ONE (1) DEFINITIONS AND REPEALING CHAPTER TWO (2) STORMWATER
MANAGEMENT PROGRAM, ENACTING A NEW CHAPTER TWO (2) STORMWATER
MANAGEMENT PROGRAM OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, ADOPTING A NEW STORMWATER MANAGEMENT PROGRAM,
ESTABLISHING DEFINITIONS, REGULATIONS, AND AUTHORIZING FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): Part Eighteen (18), Stormwater Management, Chapter One (1) Definitions,
Section 18 -101, Definitions, of the Code of Ordinances of the City of Owasso shall be amended
to read as follows:
SECTION 18 -101 DEFINITIONS
ACT - the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C.
Section 1251, et seq.
APPLICANT - any person who is contemplating or planning to submit an NOI (Notice of Intent) for approval,
or has submitted an NOI for approval and is waiting for authorization to discharge stormwater.
BEST MANAGEMENT PRACTICE (BMP) - the best available practices or devices used singly or in combination
to eliminate or reduce pollution entering the Municipal Separate Storm Sewer System (MS4).
CITY - the City of Owasso, Oklahoma, a municipal corporation, acting through the Owasso Public Works
Authority and the City's duly authorized officers or agents.
CITY MANAGER - the City Manager of the City or the person succeeding to these duties and functions by
whatever name known, or their duly authorized deputy, agent, or representative.
CONTROL MEASURE - any BMP or other method used to prevent or reduce the discharge of pollutants to
waters of the State.
CONSTRUCTION ACTIVITIES - earth disturbing activities, such as clearing, grading, and excavation of land
and other construction related activities that could lead to the generation of pollutants.
CONVEYANCES - any means for conveying a stormwater discharge, such as a drainage system, ditch,
swale, pipe, sewer, or MS4. Also includes any natural channels or tributaries that carry stormwater runoff
through and off the facilities property.
CWA - Clean Water Act or the Federal Water Pollution Control Act, 33 U.S.C. Section 1251, et seq.
DETENTION FACILITIES - shall mean facilities designed to hold stormwater for a short period of time and then
to release it to the natural watercourse.
DEVELOPMENT - a change in the use of any land, building, or structure for any purpose and shall include
the carrying out of building, engineering, construction or other operation in, on, over, or under land, or the
construction, addition or alteration of any building or structure.
DEVELOPMENT REAL ESTATE - shall mean real property altered from its natural state by the addition to or
construction of any impervious surface such that the hydrology of the property is affected.
DEWATERING ACTIVITIES - act of draining rainwater and /or ground water from building foundations, vaults,
trenches and other construction structures.
DIRECTOR - shall mean the Public Works Director of the City or the person succeeding to these duties and
functions by whatever name known, or their duly authorized deputy, agent, or representative.
DISCHARGE - to cause or allow an addition or introduction of any pollutant, stormwater, or any other
substance whatsoever into the MS4 or into waters of the United States.
DRAINAGE WAY - an open linear depression, whether constructed or natural, that functions for the
collection and drainage of surface water.
EARTH - DISTURBING ACTIVITY - actions taken to alter the existing vegetation and /or underlying soil of a site,
such as clearing, grading, site preparation (e.g., excavating, cutting, and filling), soil compaction, and
movement and stockpiling of top soils.
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Ordinance 1123
ENVIRONMENTAL PROTECTION AGENCY (EPA) - shall mean the United States Environmental Protection
Agency or, where appropriate, may also be used as a designation for the Regional Water Management
Division Director or other duly authorized official of the EPA.
EQUIVALENT SERVICE UNIT (ESU) - shall mean three thousand (3,000) square feet of impervious surface.
FINAL STABILIZATION - the stabilization of exposed portions of the site, using practices that provide
permanent cover and qualify the permittee for permit termination.
ILLICIT DISCHARGE - defined as 40 CFR 122.26(b) (2) and refers to any discharge to an MS4 that is not entirely
composed of stormwater, except discharges authorized under an OPDES or NPDES permit
ILLICIT CONNECTION - any drain or conveyance, either surface or subsurface, which allows an illegal
discharge to enter the MS4.
IMPAIRED WATER - any waters identified by the State as not meeting an applicable water quality standard.
IMPERVIOUS SURFACE - any hard surface area which prevents or retards the entry of water into the soil in
the manner and to the extent that such water entered the soil under natural conditions, causing water to
run off the surface in greater quantities or at an increased rate of flow than was present under natural
conditions, such as but not limited to rooftops, asphalt or concrete sidewalks, paving, driveways and
parking lots, walkways, patio areas, storage areas, and gravel, oiled macadam or other surfaces which
similarly affect the natural infiltration or run -off patterns of real property in its natural state.
JURISDICTIONAL WATERS - waters of the United State of America
LOW IMPACT DEVELOPMENT (LID) - an approach to land development or redevelopment that works with
nature to manage stormwater as close to its source as possible.
MAXIMUM EXTENT PRACTICABLE (MEP) - the technology -based discharge standard for MS4s to reduce
pollutants in stormwater discharges that was established by CWA 402(p).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) - a conveyance or system of conveyances (including
streets, curbs, gutters, storm drains, catch basins, natural and manmade channels and ditches) owned by
the City and designed for collection and conveying stormwater.
NOTICE OF INTENT (NO[) - Written notice given to the ODEQ (on the prescribed form) prior to start of site
work which involves earth moving activity.
NOTICE OF TERMINATION (NOT) - Written notice given to the ODEQ (on the prescribed form) following the
completion of construction work.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES) - the National Pollutant Discharge
Elimination System administered by the EPA.
OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY (ODEQ) - The State of Oklahoma regulatory and
enforcement agency for environmental concerns operating under the direction of the EPA.
OKR04 - ODEQ General Permit for Phase II Small Municipal Separate Storm Sewer System Discharges Within
the State of Oklahoma.
OKR05 - ODEQ General Permit for Storm Water Discharges from Industrial Facilities under the Multi- Sector
Industrial General Permit within the State of Oklahoma.
OKR10 - ODEQ General Permit OKR10 for Storm Water Discharges from Construction Activities within the
State of Oklahoma.
OKLAHOMA POLLUTANT DISCHARGE ELIMINATION SYSTEM ( OPDES) - Oklahoma Pollutant Discharge
Elimination System administered by the ODEQ.
OPERATOR - any party associated with a construction project that meets either of the following two criteria:
1. The party has operational control over construction plans and specifications, including the ability to
make modifications to those plans and specifications; or
2. The party has day -to -day operational control of those activities at a project that are necessary to
ensure compliance with the permit conditions (e.g., they are authorized to direct workers at a site
to carry out activities required by the permit).
OUTFALL - the location where collected and concentrated stormwater flows are discharged from the MS4,
industry or construction site.
OUTSTANDING RESOURCE WATERS - waters designated in Oklahoma's Water Quality Standards OAC 785:45-
5-25.
PERSON, BUSINESS OR ENTITY - any individual, partnership, co- partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal entity or their legal
representatives, agents or assigns.
PERMITTEE - the owner or operator eligible for /or requiring and authorization under any Stormwater Permit.
POINT SOURCE - any discernible, confined, and discrete conveyance, including but not limited to, any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, landfill leachate
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Ordinance 1123
collection system, or vessel or other floating craft, from which pollutants or wastes are or may be
discharged.
POLLUTANT - any material, substance, or property which may cause pollution, any dredged spoil, solid
waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological
materials, radioactive materials, wrecked or discharged equipment, grass clippings, rock, sand, cellar dirt,
soil, sediments, building materials, industrial or agricultural waste.
POLLUTION - man -made or man- induced alteration to the physical, chemical, biological or radiological
properties of water.
PREMISES - any plot or tract of property, regardless of size or plat, owned or used by any person.
STORMWATER - any flow occurring during or following any form of natural precipitation.
REDEVELOPMENT - any construction, alteration or improvement in areas where existing land use is high
density commercial, industrial, institutional or multi - family residential.
RESIDENTIAL PROPERTY - any property designed and used principally for residential single - family or duplex
purposes and developed according to any approved plans meeting the bulk and area requirements for
residential single - family or duplex zoned property as set forth in the Owasso Zoning Code at the time of
development of such property.
RETENTION FACILITIES - facilities designed to hold stormwater for a sufficient length of time to provide for it to
be consumed by evaporation, infiltration into the soil or other natural means.
SEDIMENT AND EROSION CONTROL PLAN - a set of plans indicating the specific measures and sequencing
to be used to control sediment and erosion on a construction site.
SERVICE CHARGE - the fee levied for the use of the City's stormwater drainage facilities.
SPILL - the release of a hazardous or toxic substance from its container or containment.
STABILIZATION - the process of covering exposed ground surfaces with vegetative or non - vegetative
practices that reduce erosion and prevent sediment discharge from occurring.
STOP WORK ORDER - an order issued which requires that all construction activity on a site be stopped.
STORMWATER RUNOFF - defined using 40 CFR 122.26(b) (13) and means stormwater runoff, snow melt runoff,
and surface runoff and drainage. Rainwater which does not infiltrate into the soil and sheet flows over the
land or is drained into the stormwater drainage system.
STORMWATER DRAINAGE SYSTEM - publicly owned facilities by which stormwater 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 MANAGEMENT PLAN (SWMP) - a comprehensive program to manage the quality of
stormwater discharged from the MS4.
STORMWATER POLLUTION PREVENTION PLAN (SWP3) - the Erosion and Sediment Control Report and the site
grading plan for construction sites with earth disturbing activities less than one acre in size. For construction
sites with earth disturbing activities that equal one acre or greater, SWP3 shall refer to the Erosion and
Sediment Control Plan and the site grading plan.
TEMPORARY STABILIZATION - the stabilization of exposed portions of the site, in order to provide temporary
cover, during the establishment and growth of vegetation and /or in areas where earth - disturbing activities
will occur again in the future.
UNDEVELOPED REAL ESTATE - real estate unaltered by the construction or addition of any impervious
surface which would change the hydrology of the property from its natural state.
UPSET - exceptional incident in which there is unintentional and temporary non - compliance with
technology -based effluent limitations because of factors beyond reasonable control.
USER - any source of direct or indirect discharge to the City Municipal Separate Storm Sewer System.
VEGETATIVE BUFFER - a strip of land extending along both sides of a stream and its adjacent wetlands,
floodplains or slopes that is comprised of natural material such as grass or other vegetation.
WATERCOURSE - a natural or artificial channel or conduit through which water flows.
WATERWAY - a channel that directs surface runoff to a watercourse or to the public storm drain.
WATERS OF THE STATE - all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, irrigation
systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and
underground, natural or artificial, public or private, which are contained within, flow through, or border
upon this state or any portion thereof, and shall include under all circumstances the waters of the United
States which are contained within the boundaries of, flow through, or border upon this state or any portion
thereof.
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Ordinance 1123
SECTION TWO (2): Part Eighteen (18), Stormwater Management, Chapter Two (2) Stormwater
Management Program, Section 18 -201, Findings of Fact and Section 18 -202, Purpose shall be
repealed and replaced with new Sections 18 -201 through Sections 18 -227, such new sections to
be enacted as follows:
SECTION 18 -201 APPLICABILITY
The provisions of this chapter shall apply to all water entering a Municipal Separate Storm Sewer
System (MS4) generated on any developed and undeveloped lands unless explicitly exempted
by an authorized enforcement agency.
SECTION 18 -202 POWERS AND AUTHORITY OF DIRECTOR
The Director or their duly authorized representative shall exercise all lawful powers necessary and
appropriate to administer, implement, and enforce the provisions of this chapter.
SECTION 18 -203 WATERCOURSE PROTECTION
Every property owner that owns a property through which a watercourse passes, or such owner's
lessee, shall keep and maintain that part of the watercourse within the property free of trash,
debris, excessive vegetation, and other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse.
Vegetated buffers adjacent to natural watercourses shall be undisturbed to the maximum
extent practicable in order to protect the water quality of watercourses, reservoirs, lakes and
other significant water resources within these watersheds; protect riparian and aquatic
ecosystems within these watersheds; and provide for the environmentally sound use of land and
aquatic resources within these watersheds.
In addition, the owner or lessee shall maintain existing privately owned structures within or
adjacent to a watercourse so that such structures will not become a hazard to the use, function,
or physical integrity of the watercourse. No owner or lessee shall alter a watercourse without
previous written and explicit authorization from the City.
SECTION 18 -204 ILLICIT DISCHARGE PROHIBITIONS
A. Prohibited Discharges. No person, business or entity shall discharge or cause to be
discharged into the MS4 or watercourse any non - stormwater discharges except those
expressly exempted in the City of Owasso SWMP. Prohibited discharges include, but are not
limited to, any material other than stormwater which is stored, used, spilled or disposed of in
such a manner that causes pollutants to be discharged into any street, alley, sidewalk,
watercourse or drainage system or contributes to a violation of applicable water quality
standards. The commencement, conduct or continuance of any unlawful discharge is
prohibited.
Examples of prohibited discharges include, but are not limited to:
1. Wastewater and sewage;
2. Chlorinated swimming pool discharges;
3. Discarded building materials;
4. Soil, silt, sediment or gravel;
5. Concrete wash -out or slurry;
6. Commercial vehicle wash water;
7. Wash -out and cleanout of stucco, paint, form - release oils, curing compounds
and other construction materials;
8. Litter and garbage;
9. Yard waste including grass clippings, leaves or limbs;
10. Chemicals;
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Ordinance 1123
1 1. Trash or debris;
12. Petroleum products, including but not limited to oil, gasoline, grease, fuel oil or
hydraulic fluids;
13. Antifreeze and other automotive products;
14. Metals in either particulate or dissolved form;
15. Flammable or explosive materials;
16. Batteries of any kind;
17. Paints, stains, resins, lacquers or varnishes;
18. Pesticides, herbicides, or fertilizers;
19. Steam cleaning wastes, except as determined by the Director to be de minimis;
20. Soaps, detergents or wastewater containing these;
21. Heated water, except as determined by the Director to be de minimis;
22. Animal waste;
23. Leaking sanitary sewers and connections;
24. Recreational vehicle waste;
25. Animal carcasses;
26. Medical wastes;
27. Dyes except as exempted above;
28. Washing of fresh concrete residue;
29. Junk motor vehicles;
30. Wastewater to stormwater drainage system from the cleaning of fueling stations,
auto repair garages or other types of auto repair facilities;
31. Wastewater to the stormwater drain system from mobile auto washing, steam
cleaning, mobile carpet cleaning, and other mobile commercial and industrial
operations;
32. Discharge from the washing or rinsing of restaurant mats, roof vents, grease traps,
garbage bins or cans in such a manner that causes non - stormwater to enter the
storm drain system;
33. Fats, oils or grease;
34. Any hazardous material or waste not listed above;
35. Any spilled pollutants, unless it can be demonstrated that failure to allow the
discharge will result in a greater imminent peril or hazard to the life, health,
welfare, or safety of the public;
36. Any material that is disposed of or dumped in such a manner that causes
pollutants to be discharged;
37. Portable toilets will not be allowable in floodplain areas;
38. Portable toilets located away from waters of the state and adjacent stormwater
inlets or conveyances.
B. Allowable and occasional incidental non - stormwater discharges are exempt from discharge
prohibitions established by this section unless the Director determines that the type of
discharge, whether singly or in combination with others, is causing contamination of surface
water, stormwater or groundwater; causes overload or damage to the MS4 or has the
potential to endanger public health and safety; or is causing the City to violate its OPDES
permit for stormwater discharges. A comprehensive list of allowable and occasional
incidental non - stormwater discharges is defined in the City Stormwater Management Plan
(SWMP).
SECTION 18 -205 ILLICIT CONNECTION PROHIBITIONS
The construction, use, maintenance or continued existence of illicit connections to the MS4 is
prohibited. This prohibition expressly includes, without limitation, illicit connections made in the
past, regardless of whether the connection was permissible under law or practices applicable or
prevailing at the time of connection. A person, business or entity is considered to be in violation
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Ordinance 1123
of this section if the person, business or entity connects a line conveying sewage to the MS4, or
allows such a connection to continue.
SECTION 18 -206 MATERIAL STORAGE PROHIBITIONS
It is a violation of this ordinance to place, store or locate any material in such a manner that
causes pollutants to be transported by the wind, rain or other atmospheric conditions into the
City's MS4. Effective means of minimizing the exposure to precipitation and stormwater of any
construction products, materials, chemicals, pesticides, herbicides, fertilizers, petroleum products
or wastes that are present at the site by storing chemicals or petroleum products in water tight
containers, and provide cover, either plastic sheeting or temporary roofs to prevent all
construction products, materials, chemicals, pesticides, herbicides, fertilizers, petroleum products
or wastes from coming into contact with rainwater or a similarly effective means designed to
prevent the discharge of pollutants from these areas; or provide secondary containment,
including but not limited to spill berms, decks or spill containment pallets.
SECTION 18 -207 ACCIDENTAL DISCHARGES AND SPILLS
Spills that have the potential to enter or have entered the City's MS4 shall be contained, and
remediation activity shall be commenced as soon as practicable using spill kits or dry clean -up
methods where possible and dispose of used materials properly. Remediation activities will only
be considered complete when the cleanup is deemed satisfactory by the Director. The
required reporting or notification for such spills shall be completed as specified in Section 18 -208.
SECTION 18 -208 NOTIFICATION OF ACCIDENTAL DISCHARGES AND SPILLS
Notwithstanding other requirements of law, as soon as any person, business or entity has
information of any known or suspected release of materials which are resulting or may result in
illegal discharges or pollutants discharging into stormwater, the MS4, watercourse, Waters of the
State, or Waters of the U.S., said person, business or entity shall notify the City and the Oklahoma
Department of Environmental Quality within one (1) hour of discovery. In the event of such a
release of hazardous materials, said person, business or entity shall immediately notify
emergency response agencies of the occurrence via emergency dispatch services. Notification
shall include the location, time, type and volume of the event as well as corrective actions
taken. Written notification to the Director and ODEQ shall be made within five (5) days of the
event. If the discharge of prohibited materials emanates from a commercial or industrial
establishment, the owner or operator of such establishment shall also retain an on -site written
record of the discharge and the actions taken to prevent its recurrence. Such records shall be
retained for at least three (3) years.
SECTION 18 -209 PERMITTED ACTIVITIES
The ODEQ's OKR04 General Permit for Phase II Small Municipal Separate Storm Sewer System
Discharges within the State of Oklahoma, as amended, is hereby adopted by reference and its
requirements shall apply to all sites covered by such permit.
The ODEQ's OKR05 General Permit for Storm Water Discharges from Industrial Facilities under the
Multi- Sector Industrial General Permit Within the State of Oklahoma, as amended, is hereby
adopted by reference and its requirements shall apply to all sites covered by such permit.
Any person, business or entity that performs an activity which requires an NPDES or OPDES
Stormwater Permit shall obtain and make available to the City copies of permits, applications
and any other records or correspondence pertaining to the aforementioned permits.
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SECTION 18 -210 CONSTRUCTION SITE REQUIREMENTS
A. Regulations:
1. The control of erosion and sedimentation from construction activities shall be in
accordance with this Section and NPDES "General Permits for Stormwater
Discharges from Construction Sites" in the September 9 and September 25, 1992,
Federal Register, as amended by later registration and the OPDES, 27A O.S. 2 -6
201 et seq., as amended.
2. The ODEQ's General Permit OKR 10 for Stormwater Discharges from Construction
Activities within the State of Oklahoma, as amended, is hereby adopted by
reference and its requirements shall apply to all sites covered by that permit.
3. All earth disturbing construction activities shall be performed in compliance with
the City Code of Ordinances and the Owasso Engineering Design Criteria and
Standard Specifications.
B. General Performance Standards:
1. All earth disturbing construction activities, including developing, grading, excavating,
paving, landfilling, berming and diking, shall be performed in such a manner as to
minimize exposure of bare earth to precipitation, erosion and the discharge of
sediment and other pollutants into the MS4 (e.g. phasing of earth disturbing
activities). All such activities are also subject to the requirements of the City
Engineering Design Criteria.
2. All industrial, commercial or residential construction sites are required to maintain
erosion and Stormwater pollution prevention measures, or BMPs, implemented during
development. The BMPs may be modified or temporarily removed with approval of
the City. If BMPs are absent or not effective, the property owner or designated
Contractor will, at a minimum, install BMPs to keep streets, drainage ways,
watercourses and storm drains free from sediment or other construction material or
debris. Prior to commencing any earth disturbing activity, temporary erosion control
measures shall be installed. BMPs shall be selected which will reduce erosion and off -
site transport of sediment to the maximum extent practicable. BMPs shall be
appropriate for the local site conditions and shall be selected to minimize water
quality impacts.
3. All streets, gutters, inlets, drainage pipes, swales, ditches, drainage channels,
emergency drainage swales and all drainage devices and structures shall be kept
free of debris, sedimentation, soil, discarded building material, litter, chemicals, fuels,
fluids, or any deleterious materials. Barriers shall be placed around area inlets prior to
and subsequent to placement of pavement. BMPs shall be maintained in good and
effective condition at all times during construction. BMPs may not be modified or
removed without first obtaining approval from the Director.
4. Portable toilets will not be allowable in floodplain areas.
5. Portable toilets must be located away from waters of the State and adjacent
stormwater inlets or conveyances.
6. For all proposed development and redevelopment subsequent to the effective date
hereof, there shall be a minimum natural vegetative buffer zone of fifty feet (50')as
measured from top of the bank to disturbed portions of site, unless one hundred feet
(100') is designated in ODEQ's "General Permit OKR10 For Storm Water Discharges
From Construction Activities Within the State of Oklahoma;' as amended, of either
side of any named or unnamed receiving streams, creeks, rivers, lakes or other water
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bodies for any property developed along or immediately adjacent to the waters of
the State in the City. Any preexisting structures or impervious surfaces are allowed in
the buffer provided the vegetation in the buffer outside the preexisting disturbance is
retained and protected from disturbance. There are exceptions from this requirement
for water crossings, limited water access, and stream restoration authorized under a
CWA Section 404 Permit. If it is deemed infeasible to provide and maintain the
prescribed natural vegetative buffer due to preexisting site conditions, then strict
adherence to the alternatives listed in the Buffer Guidance of ODEQ's "General
Permit OKR10 For Storm Water Discharges From Construction Activities Within the
State of Oklahoma;' as amended, shall be followed.
7. All BMPs shall remain in place until it has been determined by the City that perennial
vegetative cover with a density of seventy percent (70 %) of the native background
cover for the area has been established on all unpaved areas and areas not
covered by permanent structures, or equivalent permanent stabilization measures
(such as the use of 6prap, gabions, or geotextiles) have been employed. Establishing
at least seventy percent (70 %) of the natural cover of the native vegetation meets
the vegetative cover criteria for final stabilization.
8. All industrial, commercial or residential construction sites that have a disturbed area
greater than or equal to one (1) acre are required to post the OKR10 Authorization to
Discharge from ODEQ on -site, near the main entrance to the construction site.
C. Responsibility of Operator:
I . The Developer /Property Owner and /or Operator are responsible for implementation of
and compliance with the Erosion and Sedimentation Control Plan and maintenance
of BMPs and erosion control devices. The Operator shall also apply for the Earth
Change Permit prior to commencement of earth disturbing activities. If no Contractor
is designated, the Contractor having day -to -day operational control of the site is
considered to be designated by the Developer.
2. Developers, builders, property owners, or their legal agents, upon receipt of notice by
the City that repair or maintenance is required within a watercourse or channel lying
within their property, shall be responsible for effecting such repair or maintenance
within the time specified, or the City shall have repair and maintenance performed at
the expense of the property owner unless it can be proven that the damage was
caused by another entity.
D. Exemptions. The City may grant exemptions from the aforementioned erosion control and
submittal requirements for activities that are exempt under the NPDES or OPDES General
Permit. A summary of these exemptions is presented below:
1. Bona fide agricultural and farming operations.
2. Customary and incidental routine grounds maintenance, landscaping, and home
gardening.
3. Small construction sites with de minimis earth disturbing activities may be exempted
from implementation of BMPs so long as sedimentation and erosion from the site do
not occur.
4. Small scale utility installation and maintenance.
5. Construction activities with an earth disturbing footprint of less than 400 sq. ft.
6. Small construction sites with a rainfall erosivity factor (R- factor) of less than 5 during the
period of construction activity.
7. Emergency repairs of a temporary nature made on public or private property.
8. Sites determined by the City to have no significant impact on stormwater quality.
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E. Submittals:
1. Stormwater Pollution Prevention Plan (SWP3) Required. All new development and
redevelopment with earth disturbing activities and not meeting the exemptions shall
prepare and implement a Stormwater Pollution Prevention Plan (SWP3). The SWP3 shall
be submitted as specified in the City of Owasso Engineering Design Criteria, and shall
conform to applicable state and federal requirements. The plan shall include a copy
of Notice of Intent (NOI) to ODEQ, when required, the Erosion and Sediment Control
Plan and the civil site plan. Review and approval of the SWP3 is a prerequisite to
issuance of the Earth Change Permit.
2. Earth Change Permit Required. No person, business or entity may engage in any earth
disturbing activities, including developing, grading, excavating, landfilling, and
berming or diking without first obtaining an Earth Change Permit from the City. The
permit will remain in effect until construction activities have ceased and permanent
erosion control measures, including establishment of vegetative cover, are complete.
Proof of Compliance with Federal and State Regulations:
a. Any operator subject to a construction activity NPDES and /or OPDES stormwater
discharge permit shall comply with all provisions of such permit(s).
b. New development and redevelopment disturbing an area equal to or greater
than one (1) acre or part of a larger common plan of development shall also
obtain authorization to discharge under OKR10 or the EPA Region VI NPDES
General Permit for Stormwater Discharges from Construction Activities. If an
OKR 10 permit is required by ODEQ for stormwater discharges from a construction
site, then the following documents shall be provided to the Director: a copy of
the notice of intent (NOI) submitted to ODEQ for the OKR10 permit, a copy of all
stormwater pollution prevention plans (SWP3) developed for the construction
site, and a copy of the authorization to discharge stormwater issued by ODEQ.
Proof of Authorization to Discharge under the aforementioned permits shall be
provided to the City prior to commencement of construction activities.
c. If a proposed development will disturb a jurisdictional water, the
Developer /Property Owner and /or Operator shall provide to the City a written
statement from the U.S. Army Corps of Engineers that the development plan fully
complies with all applicable federal regulations as established in the Federal
Clean Water Act.
d. If the Director obtains credible information regarding threatened or pending
regulatory enforcement action related to an environmental condition of the
property to be developed, or an environmental impact related to the plan
submittals, then the Director may require the Developer /Property Owner and /or
Operator to provide to the City written statements from such governmental
agencies as the Director may designate as having related jurisdiction based on
the nature of the threatened enforcement action or environmental impact. Said
statements shall verify that the plan submittals fully comply with environmental
regulations within the jurisdiction of the writing agency. If the Developer /Property
Owner and /or Operator, after a diligent effort, is unable to obtain such written
verifications from one (1) or more of the designated agencies, the
Developer /Property Owner and /or Operator shall at least provide to the City a
written verification from said agency that the City's approval of the plan
submittals will not interfere with a threatened or pending environmental
enforcement action of said agency. All required written statements shall be
provided to the Director prior to the scheduling of the preconstruction meeting.
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Ordinance 1123
F. Erosion and Sediment Control. The EPA's National Menu of Best Management Practices for
Stormwater shall be used for appropriate control measures for temporary, structural and
vegetative best management practices utilized for the control of sedimentation during
construction.
G. Inspection and Supervision. The City shall conduct construction site inspections upon
receiving a complaint of violation and as needed to evaluate compliance. The permittee shall
notify the Director at the following stages:
1. Upon completion of installation of perimeter sediment and erosion controls;
2. At least twenty -four (24) hours but not more than seventy -two (72) hours (exclusive of
Saturdays, Sundays, and holidays) prior to commencing initial grading or land
disturbing activities;
3. When construction and land disturbing activities are halted for a period of fourteen
(14) days or more;
4. At least twenty -four (24) hours but not more than seventy -two (72) hours (exclusive of
Saturdays, Sundays, and holidays) prior to when construction or land disturbing
activities shall recommence after being halted for a period of fourteen (14) days or
more;
5. When a discharge from the construction site has been discovered;
6. Upon submitting a Notice of Termination (NOT) to ODEQ in compliance with any
OKR10 permit requirements; and submitting a copy of the NOT to the City; and
7. Upon completion of final grading, permanent drainage and erosion control facilities
including established ground covers and planting, and all other work of the permit.
SECTION 18 -211 POST - CONSTRUCTION REQUIREMENTS
All post - construction best management practices and stormwater drainage systems on
developments and redevelopments, which require or required platting, site plan approval, or
alterations to existing public stormwater drainage systems, shall be applicable.
Post - construction operation and maintenance of private drainage systems on single - family
residential properties are exempt from the requirements of this section.
Design, construction, and post- construction operations and maintenance of post- construction
best management practices and stormwater drainage systems shall be performed in such a
manner so that adverse stormwater quality and quantity impacts to stormwater drainage
systems and receiving streams both on the subject property and on off -site properties are
avoided, reduced, or eliminated. Adverse stormwater quality and quantity effects for the
purposes of this section includes increased flood elevations, increased velocity of floodwaters,
erosion, siltation, sedimentation, reduced base flow, pollution or degradation of water quality.
Stormwater drainage systems for the purposes of this section include any facility, structure,
improvement, development, equipment, property or interest therein, including structural and
nonstructural elements, which are made, constructed, used or acquired for the purpose of
collecting, containing, storing, conveying, filtering, treating, infiltrating and controlling
stormwater. This includes, but is not limited to, detention facilities, retention facilities, sediment
basins, ponds, lakes, engineered open channels, natural channels, floodplains, creeks, storm
sewers, conduits, pipes, borrow ditches, swales, roadways, infiltration systems, rain gardens, and
bio- retention filters.
Every development shall be provided with a stormwater drainage system designed by an
Engineer registered in the State of Oklahoma, adequate to serve the development, and
otherwise shall meet approval requirements of the officials having jurisdiction. The design shall
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Ordinance 1123
meet City of Owasso Engineering Design Criteria. All stormwater designs and construction plans
shall be approved by the City.
Construction of the development or redevelopment, including post- construction BMPs and
stormwater drainage systems, shall be performed in compliance with the City of Owasso
Engineering Design Criteria requirements.
Post - construction best management practices and stormwater drainage systems shall be
designed, operated and maintained so that property owners located downstream from and
upstream from the development shall not be injuriously affected by the construction, operation,
or maintenance of such system.
Operator's responsibility of the post- construction best management practices and stormwater
drainage system shall be detailed in the covenants language on platted developments, on
easement language for stormwater drainage systems in dedicated easements, or shall be
borne by the property owner for stormwater drainage systems on private property.
Maintenance responsibility of the post- construction best management practices and
stormwater drainage system shall be detailed in the covenants language on platted
developments, on easement language for stormwater drainage systems in dedicated
easements, or shall be borne by the property owner for stormwater drainage systems on private
property.
Post - construction BMPs shall be inspected at the Operator's expense by a qualified inspector or
reviewed as appropriate at least annually, and a written record of inspection results and
maintenance work shall be maintained and available for review by the City.
All applicants are required to submit actual "as built" plans for any post- construction best
management practices and stormwater drainage systems located on -site after final
construction is completed. The plan shall show the final design specifications for all stormwater
drainage systems and shall be certified by a professional engineer.
All applicants are required to develop and submit to the City an Operation and Maintenance
Plan for any post- construction best management practices and stormwater drainage systems
located on -site after final construction is completed.
SECTION 18 -212 PENALTIES AND ADMINISTRATIVE ENFORCEMENT
The Director is hereby authorized to establish an administrative procedure or plan to be known
as the "Stormwater Enforcement Response Plan" for the administration of this Chapter and
the enforcement of compliance with the provisions of this Chapter. The Director may amend the
Stormwater Enforcement Response Plan from time to time as may be necessary to enforce
compliance.
A. Investigation:
1. The Director or duly authorized representative shall be permitted to gain access to any
premises, facility or watercourse necessary for the purpose of inspection, sampling,
observing or monitoring the MS4 to determine compliance with this ordinance.
2. Facility operators shall allow the City ready access to all parts of the premises for the
purposes of inspection, sampling, examination and copying of records that must be kept
under the conditions of an NPDES or OPDES permit to discharge storm water, and the
performance of any additional duties as defined by state and federal law. Any permits,
SWP3s, or other documents regarding a facility's storm water discharge shall be made
available to the Director upon request.
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Ordinance 1123
3. Unreasonable delays in allowing the City access to a permitted facility is a violation of a
stormwater discharge permit and of this chapter. A person, business or entity who is the
operator of a facility with a NPDES permit to discharge stormwater associated with
industrial activity commits an offense if the person denies the authorized enforcement
agency reasonable access to the permitted facility for the purpose of conducting any
activity authorized or required by this chapter.
4. If the City has been refused access to any part of the premises from which stormwater is
discharged, and the City is able to demonstrate probable cause to believe that there
may be a violation of this chapter, or that there is a need to inspect and /or sample as
part of a routine inspection and sampling program designed to verify compliance with
this chapter or any order issued hereunder, or to protect the overall public health, safety,
and welfare of the community, then the City may seek issuance of a search warrant from
any court of competent jurisdiction.
B. Sampling:
1. When the Director or duly authorized representative has reason to believe that a
discharge is an illicit discharge, the Director may obtain a suitable sample for analysis. If
the discharge is shown to be illicit, full recovery of the cost of sampling and analysis may
be made from the responsible party.
2. The Director has the right to require any discharger to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all
times in a safe and proper operating condition by the discharger at its own expense. All
devices used to measure storm water flow and quality shall be calibrated to ensure their
accuracy.
3. Any temporary or permanent obstruction to safe and easy access to the facility to be
inspected and /or sampled shall be promptly removed by the operator at the written or
oral request of the Director and shall not be replaced. The costs of clearing such access
shall be borne by the operator.
SECTION 18 -213 NOTICE OF VIOLATIONS
Whenever a violation has occurred or is occurring, a notice of violation (NOV) will be issued to
the person, business or entity. This NOV shall include the nature of the violation and provide a
reasonable time for correction. Within seven (7) days of the receipt of a NOV, an explanation of
the violation and a plan for the satisfactory correction and prevention, including specific
required actions shall be submitted by the violator. Submission of the plan shall in no way relieve
the person, business or entity of liability for any violation(s) occurring before or after receipt of
the NOV. Issuance of a NOV shall not preclude any other enforcement action.
SECTION 18 -214 ADMINISTRATIVE ORDERS
Compliance Orders. When a person, business or entity has violated or continues to violate this
ordinance or orders issued hereunder, an order to the violator directing that compliance be
obtained within a specified time period may be issued. If compliance is not achieved within the
time period, water service, sewer service, refuse, or any combination of services may be
discontinued, unless adequate BMPs or other related appurtenances are installed and properly
operated. Compliance orders may also contain other requirements addressing noncompliance,
including additional self- monitoring. A compliance order shall not extend the deadline for
compliance established by a federal standard or requirement, nor shall a compliance order
release the violator from liability for any violation, including any continuing violation. Issuance of
a compliance order shall not preclude any other enforcement action.
Cease and Desist Orders. When a person, business or entity is violating provisions of this
ordinance, or any order issued hereunder, or that past violations are likely to recur, an order may
be issued directing the violator to cease and desist all such violations or activities likely to cause
Page 12 of 16
Ordinance 1123
a recurrence, and to:
a. Immediately comply with all requirements, and
b. Take such appropriate remedial or preventive actions as may be necessary to
properly address a continuing or threatened violation, including halting operations or
terminating the discharge.
Issuance of a cease and desist order shall not preclude other action against the violator.
SECTION 18 -215 ADMINISTRATIVE FEES
When a person, business or entity has violated or continues to violate any provision of the
ordinance, or order issued hereunder, and upon good cause shown, an administrative fee
against such user in an amount not to exceed One Thousand Dollars ($1,000.00) may be
assessed on a per violation, per day basis. Each day that a violation or failure to comply exists
shall constitute a separate and distinct offense.
Notice of an administrative fee shall be served personally on the user or by certified mail, return
receipt requested. Payment shall be received within fifteen (15) days after such notice is served.
Failure to submit payment within fifteen (15) days shall be considered a violation of this
ordinance.
Issuance of an administrative fee shall not preclude any other action against the user.
SECTION 18 -216 ABATEMENT REMEDIATION AND RESTORATION
A. If the violation has not been corrected pursuant to the requirements and within the time
period set forth in the notice of violation, then agents of the City or a designated contractor
are authorized to enter upon the subject property to perform the required abatement,
restoration, remediation, or other ordered work.
B. It shall be unlawful for any person, owner, agent or person in possession of any premises to
refuse to allow the authorized enforcement agency or designated contractor to enter upon
the premises for the purposes set forth above.
C. Following the completion of any abatement, restoration, or remediation of a violation that
has occurred, the City shall determine the actual cost of the abatement, restoration, or
remediation and any other expenses as may be necessary in connection, including, but not
limited to, sampling and field testing costs, laboratory costs, and the cost of the notice and
mailing. The City shall forward by certified mail to the property owner a statement of the
actual cost and demanding payment. The amount due shall be paid within thirty (30) days
from the date of mailing the statement.
D. The City shall forward a certified statement claiming a lien on the property for the
abatement, restoration, or remediation costs incurred and that such costs are the personal
obligation of the property owner to the county treasurer and or clerk of the county in which
the property is located, and the same shall be levied on the property and collected by the
County Treasurer. The lien against the property shall continue until the cost is fully paid.
E. When an imminent hazard exists, such lien may be filed upon initiation of any abatement
action.
F. Any person, business or entity violating any of the provisions of this chapter shall become
liable to the City by reason of such violation. At any time prior to the collection as provided
herein the City may pursue any civil remedy for collection of the amount owing and interest
thereon.
SECTION 18 -217 COST RECOVERY OF EXPENSES FOR VIOLATIONS
Any person, business or entity found to have violated any provision of this ordinance, or orders
issued hereunder, shall reimburse the City for any goods or services used to identify or remove
pollutants from the City's MS4, to prevent further discharge of pollutants into the MS4, and shall
become liable to the City for any expense, loss, or damages experienced by the City as a result
of a violation. The City may pursue its right of action to recover all such costs, by utilizing any and
Page 13 of 16
Ordinance 1123
all reasonable methods, including installment payment administered by the City
SECTION 18 -218 RESTORATION OF LAND
Whenever a person, business or entity has violated, or continues to violate any provision of this
ordinance, the violator may be required to restore land to its undisturbed condition. In the event
that restoration is not undertaken within a reasonable time after notice, the City may take
necessary corrective action, the cost of which shall become a lien upon the property until paid.
SECTION 18 -219 ' WATER SUPPLY SEVERANCE
Whenever a person, business or entity has violated, or continues to violate any provision of this
ordinance, or orders issued, water service may be severed. Service shall only recommence at
the violator's expense, after the violator has satisfactorily demonstrated compliance.
SECTION 18 -220 SUSPENSION OF PERMIT ISSUANCE
Any person, business or entity that violates the provisions of this ordinance will be denied the
issuance of any other City permits, approvals or inspections until the violation(s) is corrected or
written arrangements to correct the violation(s) are submitted to and accepted by the City.
SECTION 18 -221 STOP WORK ORDERS
A stop work order may be issued if any construction activity is conducted in violation of this
ordinance. The stop work order shall require compliance with any issued NOV. Any owner,
operator, person, business or entity in violation of a stop work order is subject to payment of all
fees, bonds, and penalties prior to the lifting of the stop work order.
SECTION 18 -222 PUBLIC NUISANCE
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to public health,
safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated
or restored at the violator's expense, and /or a civil action to abate, enjoin, or otherwise compel
the cessation of such nuisance may be taken. Authorization of a summary abatement action
shall grant agents of the City or a designated contractor the right to enter upon the subject
property to perform the required summary abatement work.
SECTION 18 -223 APPEALS
Any person, business or entity aggrieved by any NOV, administrative fee or order issued pursuant
to this Section, may appeal the action.
A. The initiation of an appeal shall be in writing and filed with the City Manager no later than
fifteen (15) days after service of notice of the action appealed from. The written notice of
appeal shall specify the action appealed, detail why the action is in error, and specify
provision of ordinances or statutes supporting the person, business or entity's appeal.
B. Upon receipt of a notice of appeal the City Manager shall conduct any necessary
investigation into the basis of the appeal and hold a hearing within thirty (30) days of receipt.
However, upon review of the notice of appeal, if the City Manager determines that the basis
of the appeal is patently frivolous or filed only for purposes of delay, then they may deny the
appeal without a hearing. Upon denial without a hearing, the appellant shall be notified in
writing of the denial and the grounds for denial.
C. At the conclusion of a hearing on an appeal, if the appeal is sustained in favor of the
appellant, the City Manager may modify or withdraw the notice, fee or order. If the City
Manager fails to act on the appeal within thirty (30) days of concluding the hearing, the
appeal shall be deemed denied. Any ruling, requirements, decisions or actions on appeal
shall be final and binding, unless appealed to the City Council.
D. Any person, business or entity aggrieved by an appeal decision may perfect an appeal to
the City Council by filing a written notice of appeal with the City Clerk and the City Manager
Page 14 of 16
Ordinance 1123
within fifteen (15) days from the date of the action by the City Manager. Such notice shall
specify grounds for the appeal. A hearing on the appeal shall be commenced by the City
Council no later than thirty (30) days from the date the notice of appeal was filed with the
City Clerk. The City Council shall have jurisdiction to affirm, modify, reverse or remand the
action of the City Manager upon good cause shown. Any rulings, requirements, or decision
of the City Council shall be final.
SECTION 18 -224 INJUNCTIVE RELIEF
It shall be unlawful for a person, business or entity to violate or continue to violate the provisions
of this ordinance, or orders issued hereunder. The city may petition the district court for the
issuance of an injunction, which restrains or compels the activities on the part of the person,
business or entity. A petition for injunctive relief shall not preclude any other action against a
person, business or entity.
SECTION 18 -225 REMEDIES NONEXCLUSIVE
The provisions of this ordinance shall not be exclusive remedies. The City reserves the right to take
any combination of actions against a violator of this ordinance. These actions may be taken
concurrently. The City may recover reasonable attorney's fees, court costs and other expenses
associated with enforcement activities, including sampling and monitoring expenses, and the
cost of any actual damages incurred by the City.
SECTION 18 -226 CONFIDENTIAL INFORMATION
Information and data obtained from applications, questionnaires, permits, monitoring programs
and inspections and any other required sampling, analysis, reports or documents under this
chapter shall be available for inspection by the public or any government agency to the extent
permitted by the Oklahoma Open Records Act.
Any information submitted to the City may be claimed as confidential in accordance with
applicable federal regulations. Any claim of confidentiality must be made at the time of
submittal. When requested by the user furnishing the report, the portion of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the
public, but shall be made available upon written request to governmental agencies for uses
related to regulation of the user's discharge; subject, however, to the confidentiality provisions of
40 CFR part 2, which are incorporated by this reference as applicable to the City to the some
extent part 2 is applicable to the EPA, or any applicable state law.
If a party to any judicial or administrative proceeding or any court or any administrative agency
(except as specified in this Section) demands or subpoenas or orders the production of any such
confidential information, the City shall immediately notify the person who supplied such
information so that the person shall have the opportunity to secure judicial or administrative relief
to preserve such confidentiality. The City will comply with such demand, subpoena or order if it is
legally required to do so.
Persons, other than authorized representatives of the United States Environmental Protection
Agency or the state department of natural resources, requesting to review information and
data, must do so in writing and must pay all applicable costs associated with the preparation
and copying of such information and data.
SECTION 18 -227
Duration. The person or industry shall retain, and make available to the Director for inspection
and copying, all records and information required to be retained under this ordinance or order
issued hereunder. These records shall remain available for a period of at least three (3) years
Page 15 of 16
Ordinance 1123
after expiration of the current City permit or "NPDES Municipal Storm Water Discharge Permit"
This period shall be automatically extended for the duration of any litigation concerning
compliance with this ordinance, or when specifically notified of a longer retention period by the
Director.
Fraud and False Statements. Reports and other documents required to be submitted or
maintained by this ordinance, or order issued hereunder, shall be subject to the provisions of 18
U.S.C. 1001 regarding fraud or false statements and the provisions of 309c(4) of the Act, as
amended, governing false statements, representations, or certification.
SECTION THREE (3): REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION SIX (b): CODIFICATION
This ordinance shall be codified in Part Eighteen (18), Stormwater Management.
PASSED by the City Council of the City of Owasso, Oklahoma n e bl^ day of F b ry, 2018.
Lyn II D nn, Mayor
ATTEST:
Sherry ' i y hop, City C c
APPROVED as to form and legality: aw,,o
Ju Lombardi, City Attorney
G\�.1 O F Q
N
f' OFFICTAL O
SEAL
Page 16 of 16
Ordinance 1123
Weekly
Group
CITY OF OWASSO /LEGALS
Altn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Owasso Reporter , Sand Springs Leader
Sdatook Journal - Wagoner County American- Tribune
Tulsa Business & Legal News
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
February 14, 2018
Date Category Description Ad Size Total Cost
02/14/2018 Legal Notices ORDINANCE 1123 PART 3 2 x 257.00 CL 1.642.24
Proof of Publication
I, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of
general circulation in Tulsa, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as
provided in Section 106 or Title 25, Oklahoma Statutes 1971 and
1982 as amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference to legal
publications. That said notice, a true copy of which is attached
hereto was published in the regular edition of said newspaper
duringthe period and time of publication and not in a
supplement, on the DATE(S) LISTED BELOW
02/14/2018
Newspaper reference: 0000451225
r Legal Representatiline
Sworn to and subscribed before me this date:
'Notary Pubic
My Commission expires: /,�– 4, -jP— alb
NOTARY PUBLIC•STATB OF O"OMA
NANCY CAROL MOORE
COMM. Exe. COMMISSION N 06011 Lsd
12. 08.2018 TULSA COUNTY
r 0*
?,M�S-5v
RE1L People -REll ckr- RFALCommunXy
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Charlene Lawrence
Pretreatment & Stormwater Manager
SUBJECT: Ordinance 1123
Stormwater Management Program
DATE: February 2, 2018
BACKGROUND:
APPRO
v,Co a Y COIJI+C /t
'F'�8 06 2018
November 1, 2015, Oklahoma Department of Environmental Quality (ODEQ) issued the City of
Owasso an OKR04 Municipal Separate Storm Sewer System (MS4) Permit to release to the Waters
of the State of Oklahoma. The Public Works staff began reviewing Part 18, Chapter 2, Stormwater
Management Program of the City of Owasso Code of Ordinances.
Review of the Stormwater Management Ordinance revealed the need to develop a section
specifically focused on a Stormwater Management Program that will enable staff to effectively
monitor and control the discharge of pollutants into the City of Owasso Municipal Separate
Storm Sewer System (MS4).
PROPOSED ORDINANCE:
The changes to the current Stormwater Management Ordinance, Part 18, are the addition of
Definitions and abbreviations in Chapter 1 and the addition of General Limitations, Prohibitions
and Requirements for Illicit Discharge and Elimination, Construction and Post - Construction in
Chapter 2.
The proposed Stormwater Management Program Ordinance would do the following but is not
limited to:
• Authorize the City to establish a Stormwater Management Program for the control of
pollutants from stormwater runoff.
• Provide for health, safety and welfare of the citizens of Owasso by the regulation of
non- stormwater discharges to the City of Owasso Municipal Separate Storm Sewer
System (MS4).
• Establish methods for controlling the direct or indirect introduction of pollutants into
the Storm Sewer System.
• Comply with requirements of the Clean Water Act (33 U.S.C. 1251).
• Comply with requirements of the National Pollutant Discharge Elimination System
(NPDES) and Stormwater Regulations (40 CFR Part 122).
• Comply with requirements of the Oklahoma Pollutant Discharge and Elimination
System (OPDES) Permit requirements (OAC 252:606- 1- 3(b) (3)).
• Enforce the Oklahoma Department of Environmental Quality (ODEQ) Municipal
Separate Storm Sewer System (MS4) Stormwater Permit OKR04 issued to the City of
Owasso in 2016.
• Enforce the ODEQ Construction General Permit OKR10 to control stormwater runoff
from developments and construction sites issued by ODEQ effective October 18,
2017.
• Enforce the ODEQ Industrial General Permit OKR05 to control stormwater runoff from
industrial facilities issued by ODEQ July 5, 2017.
• Require Developers and Builders to implement best management practices (BMPs)
as specified in the Owasso Stormwater Management Program and the ODEQ
Construction General Permit OKR10.
PUBLIC MEETING:
In October 2017, the City of Owasso Public Works Staff held a Public Meeting for developers,
builders, industries and citizens of Owasso. The purpose of the meeting was to provide a venue
for staff to explain the reasons for and the requirements of the Oklahoma Department of
Environmental Quality (ODEQ) mandated Stormwater Management Program for the City of
Owasso.
RECOMMENDATION:
Staff recommends approval of Ordinance 1123, amending Part 18, Stormwater Management,
Chapter 1, Definitions, repealing Chapter 2, Stormwater Management Program, and Enacting a
new Chapter 2, adopting a new Stormwater Management Program, establishing definitions,
regulations, and authorizing fees.
ATTACHMENT:
Ordinance 1123