City of Las Cruces
New Mexico Regulations
EPA enforces stormwater issues, and there is not a dedicated staff at the state level. Municipalities may have additional requirements, and inspection/maintenance requirements are established by the permitted MS4.
Program Status: Existing MS4 Stormwater Program: Small MS4 General Permit issued July 1, 2007 and draft permit published July 2015. Middle Rio Grande watershed based MS4 Permit (Albuquerque area) effective December 22, 2014.
Las Cruces Regulations
City stormwater regulations focus on design and construction issues, with no additional expectations on post-construction maintenance than required federally.
Excerpt from Las Cruces Land Development Code
(k) Maintenance responsibilities for stormwater systems.
(1)The stormwater management system shall be maintained in good condition and promptly repaired. Maintenance shall include the repair and restoration of all grade surfaces, walls, swales, drains, dams, ponds, basins, site restoration measures, associated vegetation, and any other stormwater measure constructed on site. Such maintenance shall be in accordance with the National Pollutant Discharge Elimination System Manual Storm Water Management Guidelines for Construction and Industrial Activities, latest version.
(2)All stormwater management measures and facilities shall be maintained by the fee simple owner of the property or a homeowners association, unless a dedication of the stormwater management system has been required or accepted by the city, in which case, the city shall be responsible for maintenance.
(3)Prior to project construction plan approval by the city, applicants must ensure implementation and maintenance of the BMPs. Applicants shall propose a maintenance agreement assuring that all permanent BMPs will be maintained throughout the "use" of the project site, satisfactory to the public works department.
(4)For all properties, the verification mechanism will include the applicant's signed statement, as part of the construction permit application, accepting responsibility for all permanent BMP maintenance, repair and replacement.
(l)Maintenance agreement. The maintenance agreement shall include the following:
(1)Operation and maintenance (O&M) plan. The applicant shall include an operation and maintenance (O&M) plan, prepared satisfactory to the city, with the approved maintenance agreement, which describes the designated responsible party to manage the stormwater BMP(s), employee's training program and duties, operating schedule, maintenance frequency, routine service schedule, performance bond up to 15 years, specific maintenance activities (including maintenance of storm drain inlet markers), copies of resource agency permits and any other necessary activities. At a minimum, maintenance agreements shall require the applicant to provide inspection and servicing of all permanent BMPs on an annual basis. The project proponent or city-approved maintenance entity shall complete and maintain O&M forms to document all maintenance requirements. Parties responsible for the O&M plan shall retain records for at least five years. These documents shall be made available to the city for inspection upon request at any time.
(2)Access easement/agreement. Unless the applicant accepts permanent maintenance responsibilities, the applicant shall execute an access easement, if needed, to the official maintenance entity that shall be binding on the land throughout the life of the project, until such time that the permanent treatment BMP requiring access is no longer required to be in use, satisfactory to the city.
(3)Maintenance violations. If, after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) or responsible party within a reasonable period of time, the city may perform all necessary work to place the facility in proper working condition. The owner(s) or responsible party of the facility shall be assessed the associated costs of the work and shall reimburse the costs for said work.
(Ord. No. 2146, § I, 11-1-04)
Las Cruces Stormwater and Floodplain Information
Las Cruces Stormwater and Flood Resources
Las Cruces Stormwater Ordinance