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.
City stormwater regulations focus on design and construction issues, with no additional expectations on post-construction maintenance than required federally.
(a) Manual. All operators of construction sites with a disturbed area of one (1) acre or more shall use the methodology on BMPs and SWPPP development from the state department of transportation "Storm Water Management Guidelines for Construction & Industrial Activities" 2002 manual, appendices, and all addenda. The city may, by resolution, adopt a stormwater quality best management practices for construction activities manual. Alternate BMPs may be submitted for consideration at any time.
(b) Inspection. Qualified personnel (provided by the operator of the construction site) shall inspect disturbed areas of the construction site that have not been finally stabilized, areas used for storage of materials that are exposed to precipitation, structural control measures, and locations where vehicles enter or exit the site, at least twice a month, (or as required by law) and within 24 hours of the end of a rainfall event that is 0.5 inches or greater. Disturbed areas and areas used for storage of materials that are exposed to precipitation shall be inspected for evidence of or the potential for pollutants entering the drainage system. Erosion and sediment control measures identified in the SWPPP shall be observed by the operator to ensure that they are operating correctly. Where discharge locations or points are accessible, they shall be inspected to ascertain whether erosion control measures are effective in preventing significant impacts to receiving waters or the MS4. Locations where vehicles enter or exit the site shall be inspected for evidence of off-site sediment tracking on a daily basis.
(c) Erosion and sediment control plan. All operators of sites of construction activity, including clearing, grading, and excavation activities, that result in the disturbance of one or more acres of total land area, or that are part of a common plan of development or sale within which one or more acres of total land area are disturbed, or who are required to obtain an NPDES permit for stormwater discharges associated with construction activity, shall include an erosion and sediment control plan in the plan set, 18″ × 24″ minimum.
(d) Certification. Any operator who is required to obtain coverage for stormwater discharges from a construction site under the NPDES general permit for stormwater discharges from construction sites ("the construction general permit") shall submit a signed copy of the following certification prior to commencement of work:
I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit(63CFR 36506) that authorizes stormwater discharges associated with construction activity from the site identified as part of this certification. Prior to any earthwork or clearing a Notice of Intent (NOI) will be approved by EPA Region Six for this project and I understand I must keep a copy of my Stormwater Pollution Prevention Plan (SWPPP) on site, or posted location thereof, available for public viewing. I understand that my project shall not damage the city of Las Cruces' municipal stormwater system (MS4).
(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