HomeMy WebLinkAboutPart 18 Stormwater Management
Stormwater Management
PART 18
STORMWATER MANAGEMENT
CHAPTER 1
DEFINITIONS
Section 18-101 Definitions
CHAPTER 2
STORMWATER MANAGEMENT PROGRAM
Section 18-201 Applicability
Section 18-202 Powers and Authority of Director
Section 18-203 Watercourse Protection
Section 18-204 Illicit Discharge Prohibitions
Section 18-205 Illicit Connection Prohibitions
Section 18-206 Material Storage Prohibitions
Section 18-207 Accidental Discharges and Spills
Section 18-208 Notification of Accidental Discharges and Spills
Section 18-209 Permitted Activities
Section 18-210 Construction Site Requirements
Section 18-211 Post-Construction Requirements
Section 18-212 Penalties and Administrative Enforcement
Section 18-213 Notice of Violations
Section 18-214 Administrative Orders
Section 18-215 Administrative Fees
Section 18-216 Abatement, Remediation, Restoration
Section 18-217 Cost Recovery of Expenses for Violations
Section 18-218 Restoration of Land
Section 18-219 Water Supply Severance
Section 18-220 Suspension of Permit Issuance
Section 18-221 Stop Work Order
Section 18-222 Public Nuisance
Section 18-223 Appeals
Section 18-224 Injunctive Relief
Section 18-225 Remedies Nonexclusive
Section 18-226 Confidential Information
Section 18-227 Record Keeping
CHAPTER 3
STORMWATER SYSTEM SERVICE CHARGE
Section 18-301 Introductions and Exemptions
Section 18-302 Rate Structure
Section 18-303 Adjustment of Service Charge
Section 18-304 Collection
CHAPTER 4
STORMWATER MANAGEMENT FUND
Section 18-401 Stormwater Management Fund
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CHAPTER 5
STORMWATER FEE SCHEDULE
Section 18-501 Stormwater Fee Schedule
CHAPTER 6
FEE IN LIEU OF DETENTION
Section 18-601 Garnett Regional Detention Facilities
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CHAPTER 1
DEFINITIONS
Section 18-101 Definitions
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
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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.
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 (NOI) - Written notice given to the ODEQ (on the prescribed form) prior to start
of site work which involves earth moving activity.
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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 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.
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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.
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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.
(Ord. 754, 5/20/03; 1123, 2/6/18)
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CHAPTER 2
STORMWATER MANAGEMENT PROGRAM
Section 18-201 Applicability
Section 18-202 Powers and Authority of Director
Section 18-203 Watercourse Protection
Section 18-204 Illicit Discharge Prohibitions
Section 18-205 Illicit Connection Prohibitions
Section 18-206 Material Storage Prohibitions
Section 18-207 Accidental Discharges and Spills
Section 18-208 Notification of Accidental Discharges and Spills
Section 18-209 Permitted Activities
Section 18-210 Construction Site Requirements
Section 18-211 Post-Construction Requirements
Section 18-212 Penalties and Administrative Enforcement
Section 18-213 Notice of Violations
Section 18-214 Administrative Orders
Section 18-215 Administrative Fees
Section 18-216 Abatement, Remediation, Restoration
Section 18-217 Cost Recovery of Expenses for Violations
Section 18-218 Restoration of Land
Section 18-219 Water Supply Severance
Section 18-220 Suspension of Permit Issuance
Section 18-221 Stop Work Order
Section 18-222 Public Nuisance
Section 18-223 Appeals
Section 18-224 Injunctive Relief
Section 18-225 Remedies Nonexclusive
Section 18-226 Confidential Information
Section 18-227 Record Keeping
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,
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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;
11.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
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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
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
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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
, as amended, is hereby adopted by reference and its
Discharges within the State of Oklahoma
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
, as amended, is hereby
Multi-Sector Industrial General Permit, Within the State of Oklahoma
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.
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 OKR10for Stormwater Discharges from Construction
, as amended, is hereby adopted by
Activities within the State of Oklahoma
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
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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
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 riprap, 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:
1.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
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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.
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
OKR10 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
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enforcement action of said agency. All required written statements shall be
provided to the Director prior to the scheduling of the preconstruction meeting.
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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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.
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
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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
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.
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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
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.
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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
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
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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 same
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 RECORD KEEPING
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
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.
(Ord. 754, 05/20/2003; 1123, 2/6/18)
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CHAPTER 3
STORMWATER SYSTEM SERVICE CHARGE
Section 18-301 Introductions and Exemptions
Section 18-302 Rate Structure
Section 18-303 Adjustment of Service Charge
Section 18-304 Collection
SECTION 18-301 INTRODUCTIONS AND EXEMPTIONS
There is hereby established a Service Charge for the use of the City of Owasso Stormwater
System at rates hereinafter established; provided, however, that the Stormwater System Service
Charge shall not be imposed on the following types of property:
1. City-owned highways, streets, rights-of-way, parks and open space, and leased
uses on city-owned properties;
2. Privately-owned residential streets and rights-of-way, other than driveways; parks
and open space;
3. Public schools;
4. Railroad rights-of-way;
5. Undeveloped parcels of agricultural use consisting of five (5) or more acres and
containing no habitable structures.
(Ord. No. 754, 05/20/2003)
SECTION 18-302 RATE STRUCTURE
The monthly Stormwater System Service Charge for all tracts with impervious area is determined
as follows:
1. Single family, residentially used property within the corporate limits of the City is
hereby assigned one Equivalent Service Unit for each developed lot, tract, or parcel of record
with the County Clerk. For purposes of this section, agricultural property which includes a single
habitable structure shall be considered residential property, and agricultural property which
includes more than one habitable structure shall be assigned one Equivalent Service Unit for
each structure. Provided further, in case of duplex through quadplex developments with two (2)
or more dwelling units on the same lot, tract or parcel, one Equivalent Service Unit shall be
applied to each dwelling unit.
2. The impervious surface of all other lots, tracts, or parcels of developed real estate
within the corporate limits of the City shall be measured to determine the Equivalent Service
Units to be assigned to such lots, tracts or parcels. The developer shall calculate and report the
proposed impervious area to the Director for each new development. The current Stormwater
System Service Charge will be applied to each Equivalent Service Unit or portion thereof.
3. The rates established herein shall become effective on July 1, 2003 for all areas
within the City on that date. For areas annexed thereafter, the rates shall become operative
within thirty (30) days following annexation by the City Council.
(Ord. No. 754, 05/20/2003)
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SECTION 18-303 ADJUSTMENT OF SERVICE CHARGE
If any person considers the Stormwater System Service Charges to be inaccurate or erroneous,
the owner of the parcel may request a review of the charges by the Director within thirty (30)
days of the bill or statement in question. The Director shall respond to the request within fifteen
(15) days. The property owner shall have ten (10) days to challenge the decision of the Director
to the City Manager. All requests must be in written form and no notice of review shall delay
payment by the due date. The Director or the City Manager may adjust a Stormwater System
Service Charge and this action shall be accounted for on the next billing cycle. (Ord. No. 754,
05/20/2003)
SECTION 18-304 COLLECTION
1. The Service Charges herein established for use of the City of Owasso Stormwater
System shall be billed to each user monthly, along with any bill for water, sanitary sewer, solid
waste collection, or other utility services provided by the City, and such penalties as are now or
may hereafter be established for the City of Owasso utility service bills. All collecting agencies
authorized by the City to accept payment of any City utility bills are hereby directed to advise
customers of the provisions of this section.
2. In the event that any utility account shall become delinquent, water services or
any other City utility service may be terminated until all delinquent charges shall have been
paid in full. The provisions for collection provided herein shall be cumulative to any rights or
remedies, which the City may have under the laws of the State of Oklahoma.
3. In the case of users of real estate who are not billed for water, sanitary sewer or
collection of solid waste by the City, the owner of the real estate or agent of the owner shall be
billed monthly for the Stormwater System Service Charges herein established.
4. The City may enter into contracts with other public, quasi-public or private utility
companies for the cooperative collection of any or all of the City of Owasso Service Charges.
5. All of the proceeds of this Stormwater System Service Charge are deemed to be in
payment for use of, and in receipt of benefits from, the City Stormwater Management Program
by the real property on, and with respect to which the charge is imposed to the owners.
(Ord. No. 754, 05/20/2003)
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CHAPTER 4
STORMWATER MANAGEMENT FUND
Section 18-401 Stormwater Management Fund
SECTION 18-401 STORMWATER MANAGEMENT FUND
A special fund or funds shall be maintained for the purpose of identifying and controlling all
revenues and expenses attributable to stormwater management services. All loans, grants or
funds received for the administration, operation, construction and improvement of stormwater
management services shall be deposited in such fund or funds. Disbursements for costs of data
collection, planning, maintaining, operating and improving drainage services and/or facilities
shall be made from the appropriate fund or funds. (Ord. No. 754, 05/20/2003)
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CHAPTER 5
STORMWATER FEE SCHEDULE
Section 18-501 Stormwater Fee Schedule
SECTION 18-501 STORMWATER FEE SCHEDULE
Consistent with the requirements defined herein, the monthly stormwater system service charge
may be established by the City Council of the City of Owasso by separate resolution for each
Equivalent Service Unit assigned to a lot, tract, or parcel of real estate.
(Ord. No. 754, 05/20/2003)
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CHAPTER 6
FEE IN LIEU OF DETENTION
Section 18-601 Garnett Regional Detention Facilities
SECTION 18-601 GARNETT REGIONAL DETENTION FACILITIES
It is the purpose of this ordinance to promote public health, safety and welfare by constructing
and maintaining the Garnett Regional Detention Area. This ordinance is intended to minimize
public and private flood losses from storm water runoff in the defined area, and thereby
increase protection of human life, health and property. (Ord. No. 903, 9/18/2007)
The Garnett Regional Detention Area is hereby established as the area depicted on the map
attached hereto as Exhibit “A.” Exhibit “A” shall be made a part of this ordinance. This area
shall be designated as the Assessment Area. All property developed within the Assessment Area
subsequent to the effective date of this ordinance shall use the Garnett Regional Detention
Facilities for storm water runoff management. (Ord. No. 903, 9/18/2007)
All costs associated with the construction of the Garnett Regional Detention Facilities, including
costs for land acquisition, construction, professional fees, interest, and other necessary costs and
fees, shall be recouped by an assessment per square foot of all property located within the
Assessment Area which shall obtain approval of a final plat subsequent to the effective date of
this ordinance. The amount of the per square foot assessment shall be established by a
Resolution of the City Council after all costs expended in the construction of the Garnett
Regional Detention Facilities have been finalized. (Ord. No. 903, 9/18/2007)
This assessment shall be paid as a fee in lieu of constructing a detention facility for each property
in the Assessment Area. Payment of this assessment is mandatory, and shall be due upon the
approval of a final plat. (Ord. No. 903, 9/18/2007; 957, 12/1/09)
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