The City of Spanish Fort 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 Spanish Fort 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 Spanish Fort will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Spanish Fort, 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 Spanish Fort has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
For the purposes of this Ordinance, the following words and phrases shall have the meaning respectively ascribed to them by this section, unless taken specific exception to elsewhere in this Ordinance:
4. “Class 1” Land Disturbance Permit. A permit required by the City of Spanish Fort for any land disturbing activity which meets the following criteria:
a. New and existing commercial construction activity – including multi-family residential developments and major subdivisions as defined in the City’s Subdivision Regulations – totaling one (1) acre or more, which require registration for NPDES permitting;
b. If determined necessary by ADEM, any new or existing construction site – regardless of size, which discharges to a “Tier 1” waterbody segment that has been listed for a pollutant that is likely to be discharged from the construction site, including, but not limited, to sediment, may also be required to register for NPDES permitting, and therefore, subject to “Class 1” permitting regulations; or
c. Any other qualified construction site which requires NPDES stormwater permitting.
5. “Class 2” Land Disturbance Permit. A permit required by the City of Spanish Fort for any land disturbing activity which meets the following criteria:
a. Total disturbed area is one thousand square feet (1000 sq. ft.) or more and not otherwise subject to NPDES permitting;
b. In-ground swimming pools; or c. Any land disturbing activity which is not otherwise subject to a Land Disturbance Permit, but has been found to cause or contribute to an illicit discharge into the MS4.
Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit shall be required in a form acceptable to the City prior to the allowance of discharges to the MS4. If warranted, NPDES stormwater permitted sites may be required to connect non-stormwater discharges to the sanitary sewer for additional treatment to minimize the potential for pollutants entering the City’s MS4.
1. Notification of Spills.
a. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
b. Notwithstanding other requirements of law, as soon as any person responsible for a property, facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the storm drain system or waters of the State, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release.
c. In the event of a release of non-hazardous materials, said person shall notify the City’s Code Enforcement Personnel in person, by phone or by email no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the same Code Enforcement Personnel within three (3) business days of the phone notice.
d. 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 record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained at the facility for at least three (3) years. Such records shall also be provided to the City upon request.
e. Upon discovery of any illicit discharge from a commercial or industrial site, the City’s Code Enforcement Personnel shall report the discharge to the Alabama Department of Environmental Management.
2. Enforcement; Duty to Mitigate.
a. The owner, entity, operator or other person found responsible for an illicit discharge of hazardous or non-hazardous pollutants into the MS4 shall contain and mitigate such discharge to the maximum extent practicable. The City’s Code Enforcement Personnel shall have the authority to set a deadline for mitigation.
b. Failure to report or mitigate an illicit discharge from an industrial or commercial facility shall be a violation of this Ordinance.
1. General Rule. A Land Disturbance Permit shall be required for all land-disturbing activities which disturb one thousand square feet (1000 sq. ft.) or more of contiguous land area, including any land change which may result in soil erosion from water or wind and the movement of sediment to the Municipal Separate Storm Sewer System, including, but not limited to, the clearing, dredging, excavating, transporting and filling of land.
5. Land Disturbance Permit Conditions.
a. Duty to Comply.
1. The Permittee must comply with all terms and conditions of the Land Disturbance Permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action, termination or suspension of coverage under the permit.
2. Nothing in this section shall be construed to preclude or negate the Permittee’s responsibility or liability to apply for, obtain or comply with other ADEM, federal, state or local government permits, certifications, licenses or other approvals.
f. Proper Operation and Maintenance.
1. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control which are installed or used by the Permittee to achieve compliance with the conditions of the Land Disturbance Permit.
2. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures.
1. Jurisdiction
a. Unless otherwise specified, the following stormwater management requirements shall apply to all construction activities within the City Limits of Spanish Fort,;
b. All infrastructure that will be dedicated to either the City of Spanish Fort or Baldwin County; and
c. All privately-owned infrastructure, which shall meet the minimum requirements 18 of publicly-held infrastructure.
2. General System Standards.
a. No person shall develop any land without having provided for appropriate drainage and stormwater management measures that control or manage runoff in compliance with this Ordinance, unless expressly exempt by the City.
b. All stormwater infrastructure shall be designed and built in accordance with the Stormwater Management standards set forth in Article V, Section F and Article VI, Section F of the Spanish Fort Subdivision Regulations.
3. Maintenance of Stormwater Facilities.
a. Applicability. Any stormwater discharge control facility which services a single lot or residential, commercial or industrial development shall be privately owned and maintained. The owner thereof shall grant to the City a perpetual, non-exclusive easement which allows for public inspection and emergency repair, in accordance with the terms of the maintenance agreement set forth herein.
b. Maintenance Agreement Required.
1. A proposed inspection and maintenance agreement shall be submitted to the individual designated by City for all private on-site stormwater discharge control facilities prior to the approval of any site plan. Such agreement shall provide access to the facility by virtue of a non-exclusive, perpetual easement in favor of the City at reasonable times for regular inspection by the individual designated by the City. The agreement will identify who will have the maintenance responsibility.
1. Penalties:
a. Any person found to be in violation of any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). Each day such violation continues shall constitute a separate punishable offense.
b. Any person who is responsible for compliance with any order made pursuant to this Ordinance who fails to comply with such order shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500). Each day such violation continues shall constitute a separate punishable offense.
In addition to the fines and penalties listed above, the Court may also mandate remediation of any offsite impacts to neighboring property and/or Waters of the State.
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this Ordinance, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
If a violation has not been corrected pursuant to the requirements set forth by the Court, and all legal means outlined in this Ordinance have been exhausted, the representatives of the City or State may enter upon the subject property and are authorized to take any and all measures necessary to abate the violation and/or restore the property at the expense of the violator. It shall be unlawful for any owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
Upon completion of the abatement, the Code Enforcement Personnel shall report the costs of the abatement to the City Council. The City Council shall set a date for a hearing on determining the costs of the abatement, and notice of the hearing, along with a copy of the Code Enforcement Personnel’s report, shall be mailed at least fourteen (14) days prior to the date of the hearing by certified or registered United States mail, return receipt requested, to the interested parties entitled to receive notice under Section 5.3 of Ordinance No. 246-2006: Ordinance to Abate Public Nuisances, as the same may be amended. At the hearing to determine the costs of the abatement, any owner or interested party shall be heard. The City Council shall adopt a resolution fixing the reasonable costs incurred in the abatement and assessing the costs against the lands upon which or abutting which the public nuisance was located.
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Alabama Handbook for Erosion Control (Volume 1)