The City of Flagstaff 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 Flagstaff 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 Flagstaff will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Flagstaff, 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 Flagstaff has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
The City of Flagstaff requested coverage under the 2016 MS4 by submitting a Notice of Intent (NOI) to ADEQ. ADEQ posted a public notice and proposes to issue Water Quality (AZPDES) Small MS4 General Permit (AZG2016-002) coverage to the City of Flagstaff. The City of Flagstaff is subject to provisions of the Federal Clean Water Act and the requirements of the Arizona Pollutant Discharge Elimination System (AZPDES) program, pursuant to Arizona Revised Statutes (A.R.S) Title 49, Chapter 2, Article 3.1, and Arizona Administrative Code (A.A.C.) Title 18, Article 9.
Excerpt from General Permit For Stormwater Discharges From Small Municipal Separate Storm Sewer Systems Permit Number AZG2016-002:
6.4.5 Post-Construction Stormwater Management in New Development and Redevelopment Permittees shall develop, implement, and enforce a program to address post-construction stormwater runoff from new development and redevelopment projects that disturb one (1) or more acres of land (or less than one (1) acre if part of a common plan of development) that discharge into the permittee’s MS4. The post-construction stormwater management program must include a combination of structural and/or non-structural best management practices, as well as the components identified in this section.
6.4.5.1 Regulatory Mechanism for Post-Construction Stormwater Controls The new development/redevelopment program shall include an ordinance or regulatory mechanism to address runoff from new development and redevelopment projects. The regulatory mechanism must specify that owners or operators of new development and redevelopment sites discharging to the MS4, design, install, and maintain post-construction stormwater controls that reduce or eliminate the discharge of pollutants from the site after construction activities are completed. Permittees must evaluate existing ordinance or other regulatory mechanism(s) to address post-construction stormwater runoff from new development and redevelopment projects. If it is determined existing ordinances or other regulatory mechanism(s) must be modified, the permittee must develop, adopt and implement a revised ordinance or other mechanism within the timeframes(s) specified in Part 3.1. The permittee’s new development/redevelopment program shall have procedures to ensure any stormwater controls or management practices for new development and redevelopment will prevent or minimize impacts to water quality from stormwater runoff.
6.4.5.2 Site Plan Review The permittee shall design, implement, and maintain a site plan review process to evaluate and approve post-construction stormwater controls. 6.4.5.3 Post-Construction Stormwater Control Inventory Within the first year of the effective date of this permit, the permittee shall implement and maintain an inventory system of all post-construction structural stormwater control measures installed and implemented at new development and redeveloped sites, including both public and private sector sites located within the permit area that discharge into the MS4. The inventory must be searchable by property location (either on paper or electronic) or other relevant criteria. 6.4.5.4 Operation and Maintenance of Post-Construction BMPs The permittee shall establish processes, procedures, and other such provisions necessary to ensure the long-term operation and maintenance of postconstruction stormwater BMPs.