City of Oklahoma City

(Ord. No. 21321, § 1, 9-28-99)

57-161. – Sediment and erosion control.

No land disturbing activity shall be conducted within the City except in such manner that:

1. stripping of vegetation, re-grading and other development activities shall be conducted so as to minimize erosion. Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 20 calendar days prior to grading or earth moving. Construction must be sequenced to minimize the exposure time of cleared surface area;

1. property owners shall be responsible, upon completion of land disturbing activities, for leaving slopes so that they will not erode. Such methods should include re-vegetation, sodding, mulching, or rip-rapping. Regardless of the method used, the objective will be to leave the site erosion-free and maintenance-free as practicable;
2. whenever feasible, natural vegetation shall be retained, protected, and supplemented;
3. stabilization measures shall be initiated within 14 days after the construction activity in that portion of the site has temporarily or permanently ceased unless earth disturbing activities on a portion of the site will be resumed within 21 days, temporary stabilization measures do not have to be initiated on that portion of the site. Stabilization measures must be in accordance with standards approved by the Director or designee. Permittee must diligently continue and maintain such stabilization measures until a Notice of Termination has been accepted by the Director or designee;
4. a permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized;
5. to the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps or similar measures until the disturbed area is stabilized;
6. neighboring persons and property shall be protected from damage or loss resulting from excessive stormwater runoff, soil erosion or deposition upon property or public streets of water transported silt and debris. Adjacent property owners shall be protected from land devaluation due to exposed bare banks;
7. controlled construction entrance/exit shall be maintained in a condition that will prevent tracking or flowing of sediment onto the public right-of-way;
8. erosion and sediment control measures must be in place and functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but must be replaced at the end of the workday;
9. structural controls shall be designed and maintained as required to prevent pollution. All surface water flowing toward the construction area shall, to the extent practicable, be diverted by using berms, channels, or sediment traps as necessary. Erosion and sediment control measures shall be designed according to the size and slope of disturbed or drainage areas, to detain runoff and trap sediment. Discharges from sediment basins and traps must be through a pipe or lined channel so that the discharge does not cause erosion. Muddy water to be pumped from excavation and work areas must be held in settling basins or treated by filtration prior to its discharge into surface waters where practicable. Waters must be discharged through a pipe or lined channel so that the discharge does not cause erosion and sedimentation;
10. all control measures shall be inspected, and repaired as necessary, bi-weekly in dry periods and within 24 hours after any rainfall of 0.5 inches within a 24-hour period. During prolonged rainfall, daily inspections and repairing is necessary. The permittee shall maintain record of such inspections and repairs;
11. a specific individual shall be designated to be responsible for erosion and sediment controls on each site;
12. there shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge. The stormwater discharge must not cause an objectionable color contrast in the receiving water. The stormwater discharge must result in no materials in concentrations sufficient to be hazardous or otherwise detrimental to humans, livestock, wildlife, plant life, or fish and aquatic life in the receiving stream; and
13. when the land disturbing activity is finished and stable, perennial vegetation has been established on all remaining exposed soil, the permittee shall notify the Manager of these facts and submit a Notice of Termination (NOT) of the permit issued under this section. The Manager shall then provide a final inspection of the site within 20 days after receipt of such notice, and, when advisable, may require additional measures to stabilize the soil and prevent erosion. If such requirements are given by letter, the permittee shall continue to be covered by this provision of this section, until a request for termination of the permit has been accepted by the Manager.

(Ord. No. 21321, § 1, 9-28-99; Ord. No. 24076, § 3, 6-15-10)

DIVISION 5. – ADMINISTRATION

57-171. – Monitoring.

The Manager shall monitor the quantity of, and the concentration of pollutants in stormwater discharges from the areas and locations as designated in the Oklahoma City Stormwater Management Plan.

(Ord. No. 21321, § 1, 9-28-99)

57-173. – 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 article 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 judgement to so protect the alleged confidential information.

(Ord. No. 21321, § 1, 9-28-99)

DIVISION 6. – ENFORCEMENT AND ABATEMENT

57-181. – Administrative enforcement remedies.

1. Notification of violation. Whenever the Manager finds that any permittee or any person discharging stormwater has violated or is violating this article, or a stormwater permit or order issued hereunder, the Manager or his designee may serve upon said person or permittee written notice of the violation. Within ten calendar days of the receipt date of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the Manager. Submission of this plan in no way relieves the discharger of liability or criminal prosecution for any violations occurring before or after receipt of the notice of violation.

1. Consent orders. The Manager is hereby empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the compliance and for the noncompliance. Such orders will include specific action to be taken by the discharger, operator and owner to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraph (d) below.
2. Show cause hearing. The Manager may order any person who causes or contributes to violation of this article or Stormwater permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten calendar days prior to the hearing. Such notice may be served on any individual or the individual or the principal executive, general partner or manager of any legal entity or person of legal age at the office or business address of the permittee.
3. Compliance order. When the Manager finds that any person has violated or continues to violate this article or a permit or order issued thereunder, the Manager may issue an order to the violator directing that, following a specified time period, adequate structures or devices be installed or procedures implemented and properly operated, supervised and administrated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and best management practices.
4. Cease and desist orders. Notwithstanding any other notice, order or administrative process provided by this section, when the Manager finds that any person has violated or continues to violate this article or any permit or order issued hereunder, and also finds that such violation may cause an impairment of water quality or that a permit is required and has not been issued, the Manager may issue an order to cease and desist all such violations and direct those persons in noncompliance to:
   1. comply forthwith; or
   2. take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge or both.
5. Appeal. A person receiving an order may file a written notice of appeal with the Director and Manager who issued it, no later than the 10th calendar day after receipt of the order. Such notice shall include an explanation as to why the person believes the enforcement action should not be taken. A person receiving a cease and desist order may file a written notice of appeal with the Director and Manager who issued it and obtain relief from such order upon a showing that the alleged violation will not cause an impairment of water quality or that a permit is not required. A hearing on the appeal will be scheduled within a reasonable time after receipt of the notice of appeal and the required explanation. All notices of appeal shall be signed by the owner or operator of the premises or activities in controversy, and shall include name and address of the person filing the notice of appeal. Notice of hearing on the appeal may be served by facsimile or first-class mail at the number or address given in the written notice of appeal.

(Ord. No. 21321, § 1, 9-28-99; Ord. No. 22755, § 2, 7-5-05)