The City of Montgomery has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Montgomery is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Montgomery will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Montgomery, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Montgomery has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
In 1990, the U.S. Environmental Protection Agency (EPA) promulgated regulations establishing Phase I of the National Pollutant Discharge Elimination Systems (NPDES) storm water program. The Phase I program for municipal separate storm sewer systems (MS4s) requires operators of “medium” and “large” MS4s that generally serve populations of 100,000 or greater to implement a storm water management program as a means to control to the maximum extent practicable (MEP) polluted discharges from certain municipal, industrial and construction activities into the MS4. These “Phase I” stormwater regulations were incorporated into Section 402(p) of the Clean Water Act as part of the existing NPDES permit rules that address point source discharges. As a result, urban nonpoint source runoff became regulated as a point source.
The Alabama Department of Environmental Management (ADEM) presently has primary jurisdiction over permitting and enforcement of the Storm Water Program for Alabama. The City of Montgomery was issued NPDES Permit Number ALS000004 on 25 September 2013. The City’s NPDES Permit became effective on 1 October 2013 and will expire on 30 September 2018. The City of Montgomery is required to develop and implement a Storm Water Management Program (SWMP) in accordance with the NPDES Permit requirements.
In accordance with the City’s current NPDES Permit, the City has developed a Post Construction Stormwater Program to address stormwater runoff from qualifying new development and re-development projects. These requirements became effective on October 1, 2015.
The Technical Memorandum link shown below provides technical guidance regarding these updated post construction stormwater management requirements in accordance with the City’s NPDES Permit. Please use the links below to download copies of the memorandum along with a map, details and forms to be used in this program.
City of Montgomery’s officially adopted Stormwater Management Manual. For all construction in the City of Montgomery (excludes private storm drainage system) that is to be accepted by the City for maintenance or is required to meet a City drainage requirement.
Operation and Maintenance
It is the responsibility of the Owner to operate and maintain the stormwater management facility and/or BMPs in accordance with the original design intent and approval. If the original Owner or Developer has sold the project or passed ownership on to a Homeowner's Association, then it is the new Owner or HOA's responsibility to maintain the facility and provide any required inspection and maintenance. Should maintenance be needed at a facility as a result of the Annual Inspection, the Owner shall provide the City documentation of the maintenance required and a schedule for completing all maintenance activities. Once all maintenance activities are completed, the Owner shall provide documentation to the City of the maintenance performed and that the BMP operates as it was designed. A summary of maintenance activities shall be submitted to the City each year by 30 September. The summary shall cover the previous fiscal year beginning 1 October through 30 September.
(1) Exceptions:
a. Where BMPs are promulgated by the city or any federal, state or regional agency for any specific activity, operation, or facility which would otherwise cause the discharge of pollutants to the city's MS4, waters of the state or waters of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements. Compliance with such BMPs shall be deemed compliance with the provisions of this article.
b. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with construction and/or industrial activity shall be deemed compliance with the provisions of this section.
(b) Responsibility to implement best management practices. Except as set forth herein, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4, waters of the state or the waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants.
The owner or operator of a commercial, industrial or high risk facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
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