City of Bismarck regulations are compliant with its North Dakota NPDES permit requirements for the city's small municipal separate storm sewer system (MS4). The City's stormwater system collects surface and subsurface drainage and carries it to the Missouri River and its tributaries that flow through the community.
In order for the City of Bismarck to achieve compliance with the EPA Phase II Storm Water Rules and Regulations that will go into effect in 2003 the city has developed a Storm Water Plan. EPA guidelines address six (6) areas that need to be addressed with the City's Storm Water Plan. These six areas are Public Education and Outreach, Public Participation / Involvement, Illicit Discharge Detection and Elimination, Construction Site Runoff Control, Post-Construction Runoff Control, and Pollution Prevention / Good Housekeeping. The following narrative outlines a plan developed to address Minimum Control Measures for each of these six areas. Measurable Goals, which are required for each of the Minimum Control Measures, are intended to gauge permit compliance and program effectiveness. The narrative addresses activities which will be required by the City in the form of public information and education, education of the City staff, maintenance procedures, recommendations for new or modified construction standards for the City, recommendations for additional or modified City ordinances, recommended measurable goals, and timetables for the attainment of the goals within each area. The city will work with other public entities within the MS4, including Bismarck State College, United Tribes Technical College, North Dakota State Capitol Grounds and the North Dakota Army National Guard facilities to assure that they adhere to the requirements of the city’s ordinances Post Construction Runoff Control. To comply with the minimum control measures for Post-Construction Runoff Controls the City must:
Purpose and Need. This Title sets forth uniform requirements for stormwater management systems within the City and its extraterritorial jurisdiction. It is the intent of the Board of City Commissioners that the requirements and standards contained in this Title comply with all applicable state and federal laws. In the event of any conflict between the provisions of this Title and the provisions of any erosion control, shoreland protection, floodplain ordinance, or other regulations adopted by the City, County, State or Federal authorities, the more restrictive standard prevails.
The City of Bismarck is a designated Municipal Separate Storm Sewer System (MS4) under the Environmental Protection Agency’s Stormwater Phase II Final Rule published on December 8, 1999 and is regulated under the North Dakota Pollutant Discharge Elimination System (NDPDES) by the North Dakota Department of Health. In order to demonstrate compliance with the requirements of the MS4 General Permit, all development activities within the City’s zoning jurisdiction must comply with the provisions contained herein related to construction stormwater management permits and post-construction stormwater management permits.
In addition to the requirements contained herein, it is the responsibility of the applicant to obtain all required approvals from local, state and federal agencies for the proposed project. Agencies that may require consultation or permits include the Burleigh County Highway Department, the Burleigh County Water Resource District, the North Dakota Department of Transportation, the North Dakota State Water Commission, the North Dakota Department of Health, the North Dakota State Historic Preservation Officer, the United States Army Corps of Engineers, the Federal Emergency Management Agency or the United States Environmental Protection Agency. (Ord. 4817, 02-25-97; Ord. 5853, 11-22-11; Ord. 6270, 08-22-17)
The Stormwater Design Standards Manual, as adopted and amended by the City of Bismarck, contains the principal standards and design criteria for complying with the City’s stormwater management program. The Manual details criteria for hydrologic evaluations, the design of stormwater management system facility components, water quality protection standards, and requirements for easements and rights-of-way. The Manual also contains a discussion of operation and maintenance requirements, standard forms to be used, and standard construction details adopted by the City
A post construction stormwater management permit addresses the long-term or permanent function of drainage facilities for development projects. A post-construction stormwater management permit is required for development projects applied for after January 1, 2018 in areas within either the corporate limits or the extraterritorial area that meet one or more of the following criteria:
Prior to the submittal of an application for a post-construction stormwater management permit, the applicant shall complete a pre-submittal scoping sheet and submit it to the City Engineer. The City Engineer will review the basic project information submitted by the applicant and will add information to the scoping sheet regarding the required point of analysis and level of effort required for the stormwater management application. For projects within the extraterritorial area, the City Engineer shall obtain concurrence from the County Engineer prior to approving the scoping sheet. A copy of the approved scoping sheet is a required component of the post-construction stormwater management permit application. (Ord. 4817, 02-25-97; Ord. 5853, 11-22-11; Ord. 6270, 08-22-17)
Conditional approval of a post-construction stormwater management permit is required prior to submittal of an application for approval of the associated final plat, minor subdivision final plat or site plan. In order to provide adequate time for review and approval, applications for conditional approval of a post-construction stormwater management permit should be submitted no less than thirty (30) days prior to the submittal of an application for approval of a final plat, a minor subdivision final plat or a site plan. For projects that do not require approval of a site plan or a final plat, the application for conditional approval shall be submitted no less than sixty (60) days prior to construction.
Operations and Maintenance Manual. An operations and maintenance manual shall be submitted in conjunction with construction plans and specifications for public projects within the corporate limits and for private projects within both the corporate limits and the extraterritorial area. An operations and maintenance manual shall be submitted for each post-construction stormwater management control, in accordance with the provisions of the Stormwater Design Standards Manual.
Access and Drainage Easements. The City Engineer may require that an easement be recorded to allow for continued access to constructed stormwater management facilities within or adjacent to the corporate limits, to provided cross parcel drainage easements and for other elements that are deemed necessary. All required access and drainage easements shall be prepared by a professional land survey, reviewed by the City Engineer and recorded at the Burleigh County Recorder’s Office, with a copy of the recorded document provided to the City Engineer.