The City of New Bern 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 New Bern 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 New Bern will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of New Bern, 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 New Bern has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
In order to be effective, BMPs for stormwater control must be appropriately maintained. The New Bern Stormwater Program includes an annual Inspection program under which City staff, or others working in their behalf, will inspect all BMPs and their maintenance records. The program provides procedures under which the City will accept the responsibility to maintain BMPs servicing residential properties and establishes the requirement that BMPs servicing non-residential properties be maintained by their owners. The City will have the authority and capacity to perform necessary maintenance of all BMPs and will charge delinquent owners for maintenance services that the City performs.
...The [Stormwater Management] Plan must address the normal and emergency procedures that will be followed to avoid:
Failure to properly operate and maintain stormwater facilities and BMPs in accordance with the Stormwater Management Plan is a violation of the City's Stormwater Ordinance.
...Whenever inspections are conducted, the Stormwater Permittee shall make available records of the maintenance of all stormwater facilities and BMPs. At a minimum those records shall contain:
Failure to perform required or emergency maintenance, or to maintain and provide the required records of that maintenance is a violation of the City's Stormwater Ordinance.