City of Moore

Excerpt from the City of Moore Land Development Code

Chapter 14 Stormwater Management

ARTICLE D. - STORMWATER QUALITY MANAGEMENT

Sec. 12-1432. - Authority of stormwater quality management.

1. Stormwater quality management shall be headed by a person to be known as the manager of stormwater quality management.
2. With respect to the city's compliance with environmental laws, the manager and/or the manager's authorized representatives may do the following:
   1. Carry out all inspections, surveillance, enforcement, and monitoring procedures necessary to determine compliance; and administer the city's compliance with its NPDES MS4 permit to discharge from the municipal separate storm sewer system;
   2. Inspect city and commercial (see SIC codes, section 12-1411) properties for the presence of hazardous substances, and develop and administer whatever remediation programs are required;
   3. Audit city departments to determine whether the city is in compliance with federal and state Clean Water Act laws; whether the city has obtained all permits required by federal and state environmental laws; and whether the city is in compliance with the permits it has;
   4. Audit use of herbicides, fertilizers, and pesticides to determine compliance with Clean Water Act laws and to recommend alternative solutions where practicable for the reduction of their use through education and outreach programs;
   5. Control the discharge of spills and the dumping or disposal of materials other than stormwater (e.g., industrial and commercial waste, trash, motor vehicle fluids, leaf litter, grass clippings, animal waste, etc.) into the MS4; and provide technical support for HAZMAT response when necessary;
   6. Administer programs to identify and control pollutants from the transportation, storage, treatment, and disposal of hazardous wastes; and monitor hazardous waste facilities which receive the city's RCRA hazardous waste for treatment or disposal for compliance with NPDES MS4 permit requirements;
   7. Provide assistance to the public works department regarding the collection, transportation and disposal of solid waste, and compliance with NPDES MS4 permit requirements;
   8. Monitor the city's compliance with all federal, state, and local laws; except that:
      1. Administering the city's compliance with state and federal laws relating to discharge from the wastewater treatment plant is the responsibility of the city;
      2. Administering the city's compliance with state and federal laws relating to the production and distribution of drinking water is the responsibility of the city manager;
      3. Administering the city's compliance with state and federal laws relating to the operation of the city's landfill programs are the responsibility of the city manager; and
      4. Administering the city's compliance with state and federal laws relating to risk management and safety operations training programs are the responsibility of the department of risk management;
   9. Perform such other administrative duties as may be assigned by the manager.
3. With respect to enforcement, the manager and his authorized representatives may do the following:
   1. Investigate violations of and enforce those aspects of the Clean Water Act which are within the authority of local governments;
   2. Investigate violations of and enforce this chapter;
   3. Investigate violations of and enforce those provisions that relate to hazardous substances and spills although primary enforcement will remain with the fire chief;
   4. Investigate all other violations of and enforce environmental laws within the city and within the city's extended jurisdiction;
   5. Perform other environmental activities as may be required to ensure compliance of environmental regulations by city departments and others within the city and its extended jurisdiction.
4. With respect to other programs, the manager and his authorized representatives may do the following:
   1. Monitor and coordinate with other city departments on the city's response to releases of hazardous substances;
   2. Review and assess the environmental hazards of real property involved in city land transactions;
   3. Monitor the use of city rights-of-way, property, and easements by persons with use agreements for environmental monitoring;
   4. Establish and supervise a program for the collection of hazardous household waste;
   5. Create, promote, and publicize educational programs for environmental awareness; and
   6. Provide quantitative data through field screening programs.

(LDC 1991, § 15-402; Ord. No. 600(07), 11-5-2007)

Sec. 12-1443. - Inspections.

1. The manager or his designee, bearing proper credentials and identification, may enter and inspect all properties for regular periodic inspections, investigations, monitoring, observation, measurement, enforcement, sampling, and testing, to effectuate the provisions of this chapter and the stormwater management program. The manager or his designee shall duly notify the owner of said property or the representative on-site and the inspection shall be conducted at reasonable times.
2. In the event the manager or his designee reasonably believes that discharges from the property into the city's stormwater system may cause an imminent and substantial threat to human health or the environment, the inspection may take place at any place at any time and without notice to the owner of the property or a representative on-site. The inspector shall present proper credentials upon reasonable request by the owner or representative.
3. Upon refusal by any property owner to permit an inspector to enter or continue an inspection, the inspector shall terminate the inspection or confine the inspection to areas concerning which no objection is raised. The inspector shall immediately report the refusal and the grounds to the manager. The manager may seek appropriate compulsory process.
4. At any time during the conduct of an inspection or at such other times as the manager or his designee may request information from an owner or representative, the owner or representative may identify areas of the property, facility or establishment, material or processes which contains or might reveal confidential information. If the manager or his designee has no clear and convincing reason to question such identification, the inspector shall none the less inspect, however, the inspection report shall note that confidential information. To the extent practicable and permitted by applicable law, the manager shall not release information which is designated as a confidential information by the manager. Should the owner or his representative contend certain information to be confidential which has not been so determined or deemed by the manager, then the owner shall be obligated to seek a declaratory judgment to so protect the alleged confidential information.

(LDC 1991, § 15-503; Ord. No. 600(07), 11-5-2007)

ARTICLE F. - ENFORCEMENT AND ABATEMENT

Sec. 12-1451. - Unauthorized discharge a public nuisance.

No person shall conduct, allow or permit the discharge of stormwater in any manner in violation of this chapter or of any condition of a permit issued pursuant to this chapter or a stormwater discharge permit issued by the state. Such discharge is hereby declared a public nuisance and must be immediately corrected by any owner or any operator or summarily abated by the city.

(LDC 1991, § 15-601; Ord. No. 600(07), 11-5-2007; Ord. No. 703(11), 9-6-2011)

Sec. 12-1452. - Illicit discharge and illegal dumping.

No person shall conduct, allow or permit the direct or indirect discharge of any material other than stormwater into the MS4, the community waters or waters of the state. The following direct or indirect discharges are examples of prohibited discharges:

1. Sewage dumping or dumping of sewage sludge;
2. Chlorinated swimming pool discharge;
3. Discharge of any polluted household wastewater, such as, but not limited to, laundry washwater and dishwater, except to a sanitary sewer or septic system;
4. Leaking sanitary sewers and connections;
5. Leaking water lines;
6. Commercial, industrial or non-exempt public vehicle wash or power wash discharge and commercial, industrial or non-exempt cosmetic cleaning;
7. Garbage, rubbish, or sanitary waste disposal;
8. Dead animals or animal fecal waste;
9. Non-stormwater discharges, except pursuant to a permit issued by the state and the city;
10. Dredged or spoil material;
11. Solid waste and commercial or industrial process byproducts;
12. Chemical waste; and
13. Wrecked or discarded vehicles, appliances or equipment.

(LDC 1991, § 15-602; Ord. No. 600(07), 11-5-2007)

Links

Moore Land Development Code

City of Moore Stormwater Management Program