As one of Nebraska's MS4 permitted counties, Sarpy has a county wide stormwater management plan which includes post-construction and maintenance requirements. These standards incorporate state level regulations
The owner of a property where a private Stormwater conveyance system is located shall be responsible for the maintenance and repair, and proper operation of the private Stormwater conveyance system, regardless of whether the private Stormwater conveyance system is completely located on the private property or partially within the public right-of -way. The County shall have no responsibility or obligation for the maintenance, repair, or proper operation of a private Stormwater conveyance system. If the Director determines that a private Stormwater conveyance system is not operating properly and causes improper discharge of Stormwater to the street, sidewalk, or storm sewer system, the Director may declare this condition to constitute a public nuisance and proceed to abate that nuisance in accordance with Regulatory Actions specified in this regulation in concurrence with the Sarpy County Nuisance Regulations.
The following list of discharges from industrial/commercial activities shall be considered prohibited unless permitted under a separate NPDES permit or approved by the Sarpy County Planning Department. This list is based on Section 38.5 (Illicit Discharges Prohibited), but is not an exhaustive list of prohibited discharges to the storm sewer system:
In the event of discovery of a discharge to the storm sewer system that is prohibited by this code, the discharger or permittee shall immediately notify the Director of the incident by telephone, facsimile or e-mail. The notification shall include the discharge location, type of materials discharged, estimated concentration and volume of discharge, and corrective actions taken to contain or minimize the effects of the discharge. In addition, a written report, facsimile or e-mail, addressed to the Director detailing the date, time and cause of the discharge, the quantity and characteristics of the discharge, corrective actions taken to contain or minimize the effects of the discharge, and corrective actions taken to prevent future discharges shall be filed by the responsible person within five days of the occurrence of the non-complying discharge.
The Post-Construction Stormwater Management Plan shall be submitted to the Director, as part of any preliminary plat application, or grading permit application, or building permit application that created 5,000 square feet of more of impervious coverage, on a form or format specified by the Director, at the same time the application for a Sarpy County Grading Permit is submitted. For any significant redevelopment, a post construction Stormwater management plat shall be submitted with the building permit application. For all development applications made after the adoption date of this ordinance, the post-construction Stormwater management plan, at a minimum, shall include Low Impact Development (LID) BMP’s to provide for a water quality control of the first one-half inch of runoff from the site. The County may also require this minimum control level for significant redevelopment that increases the amount of impervious area in a previously platted parcel. For significant redevelopment projects that do not require a grading permit or that involve an increase of less than 5,000 square feet of impervious surface area, BMPs for water quality control of the first one-half inch of runoff from the site are encouraged. For significant redevelopment projects that are characterized as additions or expansions, the Planning Director may determine that the required BMPs only be applied to the area of new development. The PCSWMP shall include the design, locations, schedules, and procedures for inspection and maintenance of selected BMPs. Temporary erosion and sediment control BMPs to be used during the construction process are to be addressed in the grading permit application. Refer to the Omaha Regional Stormwater Design Manual for information on BMPs.
Systems designed to accommodate only one single family dwelling unit, duplex, triplex, or quadraplex, provided the single unit is not part of a larger common plan of development or sale, are exempt from the requirements in this Regulation to submit a Post-Construction Stormwater Management Plan.
(A) The owners of lands on which structural post-construction BMPs have been installed to meet the requirements of this Regulation shall ensure the maintenance of these structural BMPs that should generally be installed in an outlet. Structural BMPs shall be inspected at least annually, and a written record of inspection results and any maintenance work shall be maintained and available for review by the County. Low Impact Development (LID) –type BMPs that are installed on a building lot shall be maintained by the owner/occupant of such building lot. BMPs located on a single family or duplex residential building lots are exempt from the annual inspection and reporting requirements. Such BMPs shall however be subject to County inspection, at reasonable times.
(B) The responsibility to maintain a BMP may be transferred through a contract or other agreement. The person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Regulation. However, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Regulation.
(C) The applicant or owner shall execute an inspection and maintenance agreement, to be filed of record, binding on all subsequent owners of land served by a private storm water management facility. Such agreement shall provide for access to the BMP, at reasonable, times, for inspections by the County or its authorized representative to ensure that the facility is maintained in proper working condition to meet design standards.
D) The applicant and/or owner shall record the maintenance agreement with the Register of Deeds.
E) The maintenance agreement shall also provide that if after notice by the County to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the County may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any lawful penalties.
If substances in violation of this regulation are discharged or proposed to be discharged into the municipal storm sewer system of the County or any tributary thereto, the County may take action necessary to:
Whenever the Director finds that any person has violated or is violating this article or any prohibition, limitation or requirement contained herein, such person shall be notified in writing.
Any person who is found to have violated an order provided for in this article, or who willfully or negligently failed to comply with any provisions of this article and the rules and regulations issued hereunder, shall be deemed guilty of a Class III misdemeanor. Each day any such violation or failure to perform such act shall continue, shall constitute a separate offense, unless otherwise specifically provided. Except as prohibited by the State or Federal Constitutions, a prosecution under this Regulation, shall not be the exclusive penalty for such acts or omissions.