A. Findings Of Fact:
1. The city of Glenpool, Oklahoma, hereafter referred to in this section as city, has been mandated to implement stormwater regulations pertaining to illicit discharges and construction activities by federal and state laws, rules and regulations, including the federal clean water act 33 USC section 1251 et seq., the Oklahoma environmental quality act, 27A Oklahoma Statutes, 2001, section 1-1-101 et seq., and stormwater regulations contained in 40 CFR part 122, environmental protection agency (EPA) administered permit programs: the national pollutant discharge elimination system (NPDES), and OAC section 252:606, Oklahoma department of environmental quality (ODEQ) administered permit programs: the Oklahoma pollutant discharge elimination system (OPDES), and amendments thereto.
2. It is necessary to regulate the contributions of pollutants into the city's municipal separate storm sewer system (MS4) through prohibited discharges, spills, construction activities, dumping, or other activities by users thereof.
3. The city must implement inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with this section and applicable federal and state laws, rules, and regulations.
4. The city is required under state and federal law to obtain and maintain an OKR04 stormwater discharge permit for the municipal separate storm sewer system, and an OKR05 stormwater discharge permit for the sewage treatment facility.
B. Purpose: It is the purpose of this section to promote the public health, safety and welfare by providing a stormwater management program. The stormwater management program is intended to:
1. Protect human life, health, and property.
2. Minimize public and private storm and flood losses from stormwater runoff in the city.
3. Comply with stormwater management regulations of the EPA and ODEQ.
4. Minimize the need for rescue and relief efforts associated with stormwater.
5. Assure that the movement of emergency vehicles is not hindered during storm events.
6. Control soil erosion and sedimentation to minimize soil deposition in streams and other receiving water bodies and storm drainage systems.
C. Definitions:
ALLOWABLE DISCHARGE: The following discharges are defined as allowable discharges unless the administrator, as defined herein, determines that these types of discharges, whether singularly or in combination with others, causes contamination of surface water, stormwater or groundwater; causes overload or damage to the city's municipal separate storm sewer system or any waterway; or has the potential to endanger public health, safety and welfare; or causes the city to violate any federal and/or state stormwater regulations:
Water line flushing
Landscape irrigation
Diverted stream flows
Rising groundwaters
Residential building wash waters without detergents
Uncontaminated pumped groundwater
Uncontaminated groundwater infiltration
Discharges from potable water sources
Foundation drains
Air conditioning condensate
Springs
Water from crawl space pumps
Footing drains
Lawn watering
Individual residential car washing
Dechlorinated swimming pool discharges
Street wash water
Fire hydrant flushing
Noncommercial or charity car washes
Discharges from riparian areas and wetlands
Discharges in compliance with a separate OPDES permit or NPDES permit
Discharges or flows from emergency firefighting activities provided that the incident commander, fire chief or other on scene firefighting official in charge makes an evaluation regarding potential releases of pollutants from the scene and utilizes a hazardous materials response if pollutants are suspected.
DISCHARGE: Any addition or introduction of any pollutant, stormwater, or any other substance into the city's municipal separate storm sewer system, or into waterways within or affecting the corporate limits of the city.
EARTH CHANGE: Any excavating, grading, regrading, landfilling, berming or diking of land. Earth change also includes the clearing or removal of more than six (6) healthy trees on a parcel, or activities commonly called clearing and grubbing.
INDUSTRIAL ACTIVITY: Any activity which is directly related to manufacturing, processing or raw materials storage areas at an industrial facility. The term includes, but is not limited to, industrial plant yards; access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or byproducts used or created by an industrial facility; sites where material handling activities are performed; refuse sites; sites used for the applications or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufactured buildings; storage areas, including tank farms, for raw materials, and intermediate and finished products.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): A conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains and all other manner of structures, facilities or appurtenances that are owned or otherwise operated or controlled by the city, and are designed or used for collecting or conveying stormwater.
PERSON OR ENTITY: An individual, partnership, copartnership, firm, company, corporation, association, trust, estate, governmental entity or any other legal entity, or their lawful representatives, agents or assignees.
POLLUTANT: Any introduced gas, liquid or solid that makes a resource unfit for a specific purpose. A substance that pollutes air, water, or land.
PROHIBITED DISCHARGE: Defined in 40 CFR section 122.26(b)(2) as any discharge to an MS4 or waterway that is not composed entirely of stormwater; except discharges authorized under an OPDES permit or NPDES permit; and discharges resulting from firefighting activities.
STORMWATER ADMINISTRATOR: The city of Glenpool building official or his or her designee bearing the appropriate credentials, or any other person qualified by such credentials and designated by the city manager to function as the stormwater administrator, hereafter referred to in this section as "administrator".
STORMWATER POLLUTION PREVENTION PLAN (SWP3): A comprehensive plan designed to eliminate or reduce at the source the use, generation, or release of silt, pollutants, hazardous substances, and hazardous wastes from entering stormwaters.
D. Authority To Regulate Discharges Into The MS4: The administrator shall be authorized to regulate, monitor and enforce all municipal ordinances, rules and regulations regarding prohibited discharges of pollutants into the city's MS4, including the issuance of notices of violation pursuant to subsections L3 and L4 of this section; posting of stop work orders pursuant to subsection L5 of this section, and the issuance of citations for failure or refusal to comply with either of the foregoing. Only a city police officer may make arrests for any violation of this section.
E. Discharges Into MS4:
1. No person or entity may intentionally cause or permit, directly or indirectly, any contribution or introduction of pollutants through prohibited discharges as defined in subsection C of this section into the city's MS4 or a waterway within the city's corporate limits.
2. No person or entity may place, store or locate any material in such a manner as to cause pollutants to be transported directly or indirectly by wind, rain or other atmospheric conditions into the city's MS4 or a waterway.
3. No person or entity shall deposit, drain or divert, whether directly or indirectly, into or upon any public highway, street, sidewalk, alley, parking lot, paving, drainage ditch, storm drain, sewer, gutter, creek, stream, river, lake, pond or lagoon; any dirt, grass, leaves, oil or oily liquid, grease, mud, sand, saltwater, sewer waste or industrial waste; or in any matter permit by seepage, overflow or otherwise, any of such substances to escape from any property owned, leased or controlled by such person or entity.
4. No industrial activity may introduce or allow, either directly or indirectly, any prohibited discharge into the city's MS4.
5. Allowable discharges as defined in subsection C of this section shall not be prohibited.
F. Spills: Spills that have the potential to enter or have entered the city's MS4 shall be contained and remediation activity shall be commenced as soon as possible. Any person or entity or industrial activity identified as the source of any spill into the city's MS4 shall be required by the administrator to remediate, remove and properly dispose of spilled materials. Remediation activities shall only be considered complete when the cleanup is deemed satisfactory to the administrator. The required reporting or notification for such spills shall be completed as specified in subsection J of this section.
G. Construction Activities: All construction activities, including, but not limited to: the development, excavation, grading, regrading, paving, landfilling, berming or diking of land shall be conducted in such a manner as to minimize erosion and to prevent the discharge of pollutants, including, but not limited to: rock, sand, soil and construction materials into the city's municipal separate storm sewer system, waterway, or public right of way. Persons or entities conducting the construction activities shall implement and maintain adequate structural and/or nonstructural erosion control measures for controlling the discharge of pollutants. Any pollutants deposited on a public street or right of way shall be immediately removed. Failure to provide sediment and erosion control may result in suspension of earth change, stormwater, and building permits until all violations are corrected.
H. Earth Change Permit: Any activity that establishes, alters, or has any other effect on manmade or natural stormwater drainage shall require the issuance of an earth change permit by the city as set forth in section 10-5-4 of this code. In addition to any earth change permit requirements in section 10-5-4 of this code, each earth change permit application for construction sites of one acre or larger shall include a detailed plan containing the following items for controlling stormwater runoff, erosion, and protection of public stormwater conveyances during the scope of work covered by the permit and afterward:
1. Grading and erosion control plan.
2. Stormwater pollution prevention plan (SWP3).
3. Stormwater detention plans if applicable.
4. A copy of the approved ODEQ notice of intent (NOI) for stormwater discharges associated with construction activities.
Issuance of an earth change permit shall not be construed to authorize:
1. Discharges mixed with sources of nonstormwater, whether or not they are determined to be a significant contributor of pollutants.
2. Stormwater discharges associated with industrial activity.
3. Stormwater discharges whose direct, indirect, interrelated, interconnected, or interdependent impacts would jeopardize a listed endangered or threatened species or adversely modify designated critical habitat as defined by the U.S. fish and wildlife services.
I. Monitoring:
1. The administrator shall have access to such premises as may be necessary for the purpose of inspecting, observing, measuring, sampling and testing, as often as may be necessary to determine compliance with the provisions of this section.
2. The administrator shall have the right to perform inspections at any industrial facility or any other premises that discharges, or has the potential to discharge, stormwater into the city's MS4. Whenever an inspection of such premises is made, the findings shall be recorded and a copy of the inspection report made available upon request to the owner or person in charge of the premises, after finalization of the inspection report.
3. When the administrator has reason to believe that any person or entity or industrial facility has violated this section, the person or entity or industrial facility may be required to obtain a sample of a discharge into the city's MS4 and cause the sample to be analyzed, at its expense, and provide a copy to the administrator for review.
4. When the administrator has reason to believe that any stormwater discharge is a prohibited discharge, the administrator may obtain a sample and cause the sample to be analyzed. If the administrator determines that the discharge is a prohibited discharge, the administrator may fully recover all costs of sampling and analysis from the person or entity or industrial facility. When the discharge is likely to contain prohibited discharges on a recurring basis, the person or entity or industrial facility may be required by the administrator to conduct monitoring activities at its expense.
5. Upon completion of sample collections and documentation, a written record of the sample(s) chain of custody must be completed and forwarded to the administrator. The chain of custody form shall contain the following information:
a. Name of the person(s) collecting the sample.
b. Date and time of sample collection.
c. Location of sample collection.
d. Name(s) and signature(s) of all persons handling the sample in the field and in the laboratory.
e. Type of sampling equipment used.
6. Monitoring shall be conducted according to test procedures approved under 40 CFR part 136, or amendments thereof, unless other test procedures have been specified by the administrator.
J. Reporting:
1. Any industry that performs an industrial activity that is required by 40 CFR part 122.26 to obtain an NPDES stormwater discharge permit from the EPA shall submit a copy of that application and permit, any SWP3 plan, as well as any written correspondence with any federal, state or local agency regarding the aforementioned permit, to the administrator within fifteen (15) days of request.
2. Any permits, SWP3s or other documents regarding an industry's or construction site's OPDES stormwater discharge permit shall be made available to the administrator upon request.
3. Any person or entity or industry shall, at the earliest possible time, but in any case no later than one hour from discovery, report to the administrator a spill, release, dumping or other situation that has contributed, or is likely to contribute, pollutants into the city's MS4 or other stormwater conveyance. The notification shall include the location, type, concentration and volume if known, and corrective actions being taken. If the spill is contained, notification of containment shall be made to the administrator no later than the next business day. These reporting requirements shall be in addition to, and not in lieu of, any other reporting requirements imposed under federal, state or local laws, rules, or regulations.
4. All persons or entities or industrial facilities may be required to provide other reports deemed necessary by the administrator to monitor, maintain and ensure compliance with this section.
K. Recordkeeping: Every person or entity and industry shall retain and make available to the administrator for inspection and copying, at the person's or entity's or industry's expense, all records and information required to be retained under this section or order issued hereunder. The person or entity or industry shall retain these records for a period of not less than five (5) years. This retention period shall be extended automatically for the duration of any litigation concerning compliance with this section, or where the person or entity or industry has been specifically notified of a longer retention period by the administrator or a court of competent jurisdiction.
L. Violations And Penalties:
1. Scope Of Remedies: It shall be unlawful and an offense for any person or entity to violate any provision of this section or any regulation, rule or policy established by the city pursuant to this section. The administration or prosecution of administrative, civil or criminal penalties under this subsection shall not prevent the city or its agents from taking any lawful action necessary to remediate or correct a violation, including actions to prevent future violations that would adversely affect the city's MS4 or any waterway, or the public's health, safety and welfare.
2. Administrative Actions: In addition to, or in place of, any civil or criminal penalties imposed for violations of this section, the following actions may be undertaken by the administrator:
a. An earth change permit or building permit may be suspended or revoked by the administrator if one or more of the following violations have been committed:
(1) Violations of the conditions of the earth change permit or SWP3.
(2) Noncompliance with correction notice(s) or stop work order(s).
(3) The existence of an immediate danger to a downstream area.
b. In addition, pursuant to subsection L5 of this section, the administrator may, as deemed necessary in his discretion to prevent imminent danger to any person, property, waters of the state or water treatment facility, issue a stop work order.
3. Notice Of Violation: Whenever on the basis of any information available, the administrator has reasonable grounds to believe any person or entity is in violation of any of the provisions of this section or of any lawful regulation or policy adopted pursuant to this section, the administrator shall issue a notice of violation (NOV) demanding such person or entity to comply with such provision, regulation or policy and to cease and desist from any activity creating such violation.
4. Content And Service Of NOV: Any NOV issued pursuant to subsection L3 of this section shall provide the following information:
a. Date of issuance;
b. Project name and address;
c. Person or owner, manager or other agent of entity to whom the order is issued;
d. Earth change permit number and/or building permit number (if applicable);
e. The nature of the violation (including a reference to the applicable provisions of this section);
f. Specify a reasonable and prompt time for compliance not to exceed thirty (30) days (except that in any instance in which the administrator issues a stop work order, compliance shall be as immediate as actually possible);
g. Notify such person or entity of the potential penalties for refusal or failure to comply with the NOV, including criminal actions in either of the Glenpool municipal court or the Tulsa County district court, as applicable; and
h. Signature and contact information of the administrator.
Any NOV may be served upon a person or upon an owner, manager or other agent of any entity by either:
a. In hand delivery to such person or owner, manager or other agent of any entity; or
b. Certified mail, return receipt requested and delivery restricted to the addressee.
5. Stop Work Order: If the administrator deems such action necessary, in his discretion, to prevent imminent danger to any person, property, waters of the state or water treatment facility; or if a violating person or the owner, manager or other agent of an entity is not readily available; or if a person or entity which has been served an NOV fails or refuses to comply with the provisions of the NOV, the administrator shall post a stop work order on the premises. The stop work order shall be posted in a conspicuous place on the premises. The stop work order shall cause all activity not necessary to correct the violation to cease until the violation is corrected. The stop work order shall provide the following information:
a. Date of issuance;
b. Project name and address;
c. Person or owner, manager or other agent of entity to whom the order is issued;
d. Earth change permit number and/or building permit number (if applicable);
e. The nature of the violation (including a reference to the applicable provisions of this section);
f. Specific demand that compliance shall be as immediate as actually possible;
g. Notify such person or entity of the potential penalties for violation of the stop work order, including criminal actions in either of the Glenpool municipal court or the Tulsa County district court, as applicable; and
h. Signature and contact information of the administrator.
Unauthorized removal of a stop work order shall be a violation of this section.
6. Citation Or Arrest Possible: If any such person or owner, manager or other agent of any entity refuses or fails to comply with an NOV issued pursuant to subsections L3 and L4 of this section, or a stop work order posted pursuant to subsection L5 of this section, the administrator shall issue a citation to such person or owner, manager or other agent of any entity answerable in the Glenpool municipal court; or, if the penalty sought for the alleged violation, taking into account the seriousness of the violation in the judgment of the administrator and upon consultation with the city attorney, shall exceed the jurisdiction of the municipal court, a police officer may make an arrest and demand appearance in the Tulsa County district court.
7. Criminal Penalties: Violations of this section may be punishable in criminal proceedings by a fine of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) in the Glenpool municipal court and not more than ten thousand dollars ($10,000.00) in Tulsa County district court for each violation; or by imprisonment in the city jail for not more than ten (10) days by the Glenpool municipal court or in county jail for not more than six (6) months by the Tulsa County district court; or by both such fines and imprisonment. Each lot or parcel of land on which a violation occurs and each day on which a violation exists following the failure or refusal of any person or entity to comply with an NOV issued pursuant to subsections L3 and L4 of this section, or a stop work order posted pursuant to subsection L5 of this section, shall constitute a separate violation, provided that the aggregate amount of such fines shall not exceed one hundred twenty five thousand dollars ($125,000.00) per violation and such imprisonment shall not exceed six (6) months in the county jail. A single action that leads to simultaneous violations of more than one provision of this section on the same lot or parcel of land shall be treated as a single violation for each day of its occurrence.
8. Decisions Of The Court: In determining the amount of any penalty to be assessed under this subsection by either of the Glenpool municipal court or the Tulsa County district court, pursuant to provisions of the Oklahoma environmental quality code, at 27A Oklahoma Statutes section 2-1-101 et seq., the court shall take into account:
a. The nature, circumstances, extent and gravity of the violation(s);
b. The violator's ability to pay;
c. Any prior history of such violation(s);
d. The degree of culpability;
e. The benefit of economic savings, if any, resulting from the violation; and
f. Such other matters as justice may require.
9. Civil Action: The city attorney is authorized to commence a civil action in the Tulsa County district court for appropriate relief, including, but not limited to, a temporary or permanent injunction, for any violation for which the administrator has issued an NOV or posted a stop work order, in addition to any provisions for criminal prosecution in this section.
10. State Action: Any person or entity which violates any provision of this section, or any NOV issued or stop work order posted by the administrator shall, in addition to any other penalties prescribed by this subsection, be subject to being reported to the Oklahoma department of environmental quality and subject to all civil and criminal penalties provided by, and in accordance with procedures established by, the Oklahoma environmental quality code, at 27A Oklahoma Statutes section 2-1-101 et seq. (Ord. 711, 9-21-2015)