[Ord. 1129-2008, 5-22-2008]
A.
The purpose of this part is to establish a stormwater management
program in order to regulate discharges to the City of Tahlequah stormwater
drainage system to the maximum extent practicable as required by federal
and state law. This part establishes methods for controlling the introduction
of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the national pollutant discharge
elimination system (NPDES) permit requirements. The objectives of
this part are:
1.
To regulate the contribution of pollutants to the municipal separate
storm sewer system by stormwater discharges by any person;
2.
To control the introduction to the municipal separate storm sewer
system of spills, dumping, or the disposal of materials other than
stormwater;
3.
To prohibit illicit connections and illicit discharges to the municipal
separate storm sewer system;
4.
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to determine compliance and noncompliance
with this part;
5.
To establish procedures for enforcement of this part;
6.
To establish abatement and remediation procedures for this part;
and
7.
To establish penalties for noncompliance with this part.
B.
The intent of the program is to address regulations of the U.S. environmental
protection agency (EPA) which recognizes stormwater runoff to be one
of the major contributors to water pollution worldwide.
[Ord. 1129-2008, 5-22-2008]
For the purposes of this part, the following terms shall have
the meanings respectively ascribed to them herein:
Action taken by the City of Tahlequah or its agents to abate
a violation with proper notice to the property owner or other interested
parties.
The Mayor of the City of Tahlequah or his/her designee(s),
namely the stormwater program manager, the code enforcement official
or the building inspector.
A property owner or agent of a property owner who has filed
an application for a permit.
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
An area adjacent to a lake or estuarine shoreline, wetland
edge, or stream bank, where:
Temporary or permanent, having walls and a roof, designed
for the shelter of any person, animal, or property.
A natural or artificial watercourse with a definite bed and
banks that conducts continuously or periodically flowing water.
The City of Tahlequah, Oklahoma.
The federal water pollution control act (33 USC 1251 et seq.),
and any subsequent amendments thereto.
Any activity that removes the vegetative surface cover.
A property used primarily for commercial ventures and that
is not considered a residence. A multi-family apartment complex that
utilizes one or more two inch or larger water meters is considered
a large commercial property.
Activities include, but are not limited to, clearing, grubbing,
grading, regrading, landfilling, excavating, berming, and diking of
land, and include land disturbance activities for the purpose of constructing
a structure at some time.
Property or lands that, for reasons of public health and
safety, are unsafe for development as a result of past human activities,
particularly those activities that have left a chemical or radioactive
residue. Also, a site which has been identified as a former industrial
or waste disposal site, where the presence of toxic chemicals and/or
gas pose an unreasonable risk of injury to health, property, and/or
the environment.
The introduction of materials including, but not limited
to, pesticides, herbicides, septic leaks, or other toxic substances
into a natural system.
Any person, firm, association, syndicate, partnership, realtor,
or corporation engaged in the business of accepting orders or contracts,
either as a general contractor or subcontractor, for construction
of model homes and other residential dwellings for sale to the public
and/or licensed by the state of Oklahoma as a contractor.
The temporary storage of storm runoff in a stormwater management
practice with the goals of controlling peak discharge rates and providing
gravity settling of pollutants.
A detention basin or alternative structure designed for the
purpose of temporary storage of stream flow or surface runoff and
gradual release of stored water at controlled rates.
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.
A person who undertakes land disturbance activities.
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.
To cause or allow to throw, drain, release, dump, spill,
empty, emit, or pour any liquids, pollutants or other materials into
the municipal separate storm sewer system.
The movement of excess surface water across land from the
highest point to the lowest point by means of surface or subsurface
drains, ditches and streams.
The United States environmental protection agency.
A measure that prevents erosion.
A forest buffer for a stream system shall consist of a forested
strip of land extending along both sides of a stream and its adjacent
wetlands, floodplains or slopes.
Excavation or fill of material, including the resulting conditions
thereof.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Illegal and/or improper waste discharges into storm drainage
systems and receiving waters.
Any direct or indirect nonstormwater discharge to the stormwater
drainage system.
Any hard surfaced 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
that 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 runoff patterns of real property in its natural state.
The process of percolating stormwater into the subsoil.
Activities include, but are not limited to, clearing, grading,
digging, cutting, scraping or excavating of soil, placement of fill
materials, substantial removal of vegetation, or any activity which
bares soil or rock or involves the diversion or piping of any natural
or man-made watercourse. Any activity which changes the volume or
peak flow discharge rate of rainfall runoff from the land surface.
A permit designed to review, evaluate, modify or any other
action necessary to ensure sediment and erosion control on a construction
site.
The legal or beneficial owner of land, including those holding
the right to purchase or lease the land, or any other person holding
proprietary rights in the land.
A property used primarily for a commercial venture that utilizes
a water meter of two inches or more in size. A multi-family apartment
complex served by one or more two inch or larger water meters is considered
a large commercial property.
A legally recorded document that acts as a property deed
restriction, and which provides for long term maintenance of stormwater
management practices.
The stormwater program manager.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that are owned or operated
by the City and are designed or used for collecting or conveying stormwater.
Established by Section 402 of the clean water act, this federally
mandated permit system is used for regulating point sources, which
include discharges from industrial and municipal facilities and also
stormwater discharges from discrete conveyances such as pipes or channels.
Pollution discharged over a wide land area, not from one
specific location. These are forms of diffuse pollution caused by
sediment, nutrients, organic and toxic substances originating from
land use activities, which are carried to lakes, rivers and streams
by surface runoff.
Any discharge to the stormwater drainage system that is not
composed entirely of stormwater.
The Oklahoma department of environmental quality.
The ODEQ general permit for stormwater discharges from construction
activities within the state of Oklahoma.
Oklahoma pollutant discharge elimination system.
Owner of the land or an agent of the landowner to whom a
permit is issued.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to: paints, varnishes, and solvents;
oil and other automotive fluids; nonhazardous liquid and solid wastes
and yard wastes; refuse, rubbish, garbage, litter or other discarded
or abandoned objects; floatables; pesticides, insecticides, herbicides,
and fertilizers; hazardous substances and wastes; sediment, wastes
and residues that result from constructing a building or structure
and/or altering premises; and noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Any construction, alteration or improvement in areas where
existing land use is high density commercial, industrial, institutional
or multi-family residential.
Any property designed and used principally for residential
single-family, two-family, or multi-family residential purposes and
served by individual water meters running to each unit that are less
than two inches in size.
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.
Rainwater which falls on rooftops, does not infiltrate into
soil, and runs off the land.
The course particles (such as sand, silt and gravel) and
organic particulates transported by storm runoff and stream flow.
Also, solid material, both mineral and organic, that is in suspension,
is being transported or has been moved from its site of origin by
air, water, gravity or ice and has come to rest on the earth's
surface either above or below water level.
A set of plans indicating the specific measures and sequencing
to be used to control sediment and erosion on a construction site.
Measures that prevent eroded sediment from leaving a site.
The fee levied within the boundaries of the City or those
developed real properties completely surrounded by the City for the
use of the City of Tahlequah stormwater drainage facilities.
A parcel of land or a contiguous combination thereof, where
grading work is performed as a single unified operation.
A scale drawing showing the relationship between the lot
lines and their uses, buildings or structures, existing or proposed
on a lot, including such details as parking areas, access points,
landscaped areas, building areas, setbacks from lot lines, building
heights, floor areas, densities, septic tank tile fields, utility
lines and currents, or a special or particular use.
The degree of deviation of a surface from the horizontal
expressed in percentage or degrees.
The use of practices that prevent exposed soil from eroding.
An order issued which requires that all construction activity
on a site be stopped.
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.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff pollutant loads, discharge volumes,
and/or peak flow discharge rates.
The City of Tahlequah designee(s) in charge of managing the
stormwater pollution prevention program.
Rainwater which does not infiltrate into the soil and runs
off the land.
A flowing or moving body of water in a channel.
Anything constructed or erected occupying more than 200 square
feet of area, the use of which requires location on the ground or
attachment to something located on the ground but not including pavements,
curbs, walks or open air surfaced areas or moving vehicles.
Action taken by the City of Tahlequah or its agents to abate
a violation without prior notice to the property owner or other interested
parties.
A stormwater pollution prevention plan developed in compliance
with ODEQ permit requirements.
Technical advisory committee is a group of department heads
and technical advisors who gather to review architectural and engineering
plans for compliance with City codes and needs.
A stream or river flowing into a larger body of water.
Real estate unaltered by the construction or addition of
any impervious surface which would change the hydrology of the property
from its natural state.
A relaxation of the terms of an ordinance where such variance
will not be contrary to the public interest and where, owning to conditions
peculiar to the property and not the result of the actions of the
applicant, a literal enforcement of the ordinance would result in
unnecessary and undue hardship.
A vegetative buffer for a stream system shall consist of
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.
A natural or artificial channel or conduit through which
water flows.
An area of land that drains water, sediment and dissolved
materials to a common receiving body or outlet. The term is not restricted
to surface water runoff and includes interactions with subsurface
water. Watersheds vary from the largest river basins to just acres
or less in size. In urban watershed management, a watershed is seen
as all the land which contributes runoff to a particular water body.
A channel that directs surface runoff to a watercourse or
to the public storm drain.
Categorizing the use or activity of land, buildings, structures
or activities permitted in delineated areas.
A set of local governmental regulations and requirements
that govern the use, placement, spacing and size of buildings and
lots (as well as other types of land uses within specific areas designated
as zones primarily dedicated to certain land use types or patterns
within the City limits).
[Ord. 1129-2008, 5-22-2008]
A.
This part shall apply to all water entering the stormwater drainage
system generated on any developed or undeveloped land within the City
limits unless explicitly exempted by the City of Tahlequah.
B.
While the City does not own all drainage facilities within its jurisdiction,
it does own or control a sufficiently comprehensive system in each
of the major drainage basins so as to make a unified approach to stormwater
drainage issues a desirable and achievable goal. When any new drainage
control facility is installed on private property, or when any new
connection is made between private property and a public drainage
control system, the property owner shall grant to the City of Tahlequah
the right to enter the property at reasonable times and in a reasonable
manner for the purpose of inspection and maintenance.
[Ord. 1129-2008, 5-22-2008]
The Mayor of the City of Tahlequah shall have executive authority
for the implementation and enforcement of the provisions of this part
and he/she may delegate all or part of said authority to the stormwater
program manager, Administrator, code enforcement official and/or building
inspector or other municipal employee.
[Ord. 1129-2008, 5-22-2008]
The standards set forth herein and promulgated pursuant to this
part are minimum standards; therefore this part does not intend nor
imply that compliance by any person will ensure that there will be
no contamination, pollution, nor unauthorized discharge of pollutants.
[Ord. 1129-2008, 5-22-2008]
A.
The Administrator shall be permitted to enter facilities, premises,
watercourses and waterways subject to regulation under this part for
the purpose of observing, measuring, sampling, testing and inspecting
as often as may be necessary to determine compliance with this part.
If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger
shall make the necessary arrangements to allow access to representatives
of the authorized enforcement agency.
B.
The Administrator shall have the right to establish on any site such
devices as are necessary in the opinion of the authorized enforcement
agency to conduct monitoring and/or sampling of the facility's
stormwater discharge.
C.
If the Administrator has been refused access to any part of the premises
from which stormwater is discharged, and the City of Tahlequah is
able to demonstrate probable cause to believe that there may be a
violation of this part 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 part or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then
the City of Tahlequah may seek issuance of a search warrant from any
court of competent jurisdiction.
[Ord. 1129-2008, 5-22-2008]
A.
It is the purpose of this part to improve the public health, safety
and welfare by providing for, acquiring, constructing, operating,
equipping and maintaining within the City of Tahlequah, a stormwater
management program. In order to provide revenue to fund the costs
associated with a stormwater management program, there is hereby established
a stormwater management fee. All revenues collected from the stormwater
management fee shall be deposited to the stormwater management fund.
The stormwater management program and fees provided are intended for,
but are not limited to, the following purposes:
1.
Costs of development, administration, and implementation of the stormwater
management program including operation costs, capital expenses, salaries
and consulting fees;
2.
Public education and outreach;
3.
Stormwater pollution prevention activities;
4.
Illicit discharge detection and elimination;
5.
Inspection, monitoring, surveillance, and enforcement activities;
6.
Abatement, remediation, and restoration activities;
7.
Field sampling and testing equipment, supplies, and services;
8.
Laboratory testing equipment, supplies, and services;
9.
Engineering and GIS equipment, supplies and services;
10.
Storm sewer system development, mapping, upgrades, and repairs;
11.
Retrofitting developed areas for pollution control;
12.
The acquisition by gift, purchase, or condemnation of real and personal
property, and interests therein, necessary to construct, operate,
and maintain the municipal storm sewer system;
13.
Other equipment, supplies, and activities which are reasonably required;
14.
A master drainage plan, watershed management plan, or related drainage
studies created to lessen stormwater runoff impacts, protect water
quality or prevent flooding;
15.
Short or long term financing for flood or hazard mitigation programs
related to stormwater management payable to or through the general
fund, the trust authority or agency funds of the City; and
16.
Matching funds for state or federal grants that relate to stormwater
management.
B.
The City of Tahlequah, through its City council, is hereby authorized
to charge just and reasonable fees as deemed necessary for operation
of the City's stormwater management program. All fees and charges
shall be assessed and collected as other charges are collected against
water meters in operation on the several premises within the City
of Tahlequah. Said fees and charges shall be subject to adjustment
as deemed necessary and approved by action of the City council and
are hereby initially established as follows:
1.
Stormwater Management Fees: The following fees shall apply to all
properties located within the incorporated limits of the City of Tahlequah:
a.
$2 per month for each residential water customer.
b.
$4 per month for each nonresidential (commercial) water customer
with a water meter that is under two inches in size.
c.
$10 per month for each industrial or commercial property or other
nonresidential water customer with a water meter that is two inches
or more in size.
d.
Outside City limits users of City water service that are surrounded
by the corporate limits of the City shall pay the inside rates.
2.
Exemptions: Exemptions shall include properties owned by or otherwise
granted or dedicated to the City of Tahlequah, Tahlequah public works
authority and other beneficiary trusts of the City. Exemptions for
entities utilizing low impact development techniques will be accepted
at the discretion of the Administrator upon application for a waiver.
Undeveloped properties with no impervious surface coverage are exempt.
