It has been determined that proper management of construction related and post development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety and general welfare; and protect water and aquatic resources.
10.50.7.1. Evaluation According to Contents of Design Manual. All engineered stormwater controls and stormwater systems required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice in the Design Manual. The Stormwater Administrator shall determine whether proposed engineered stormwater controls will be adequate to meet the requirements of this ordinance.
The owner of each engineered stormwater control installed pursuant to this ordinance shall ensure adequate maintenance and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the engineered stormwater control was designed.
The person responsible for maintenance of any engineered stormwater control installed pursuant to this ordinance shall submit to the Stormwater Administrator an inspection report from a qualified professional certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance.
There shall be an Operation and Maintenance Plan (O&M Plan) for every engineered stormwater control. The O&M Plan shall specify all operation and maintenance work necessary for the function of all engineered stormwater control components, including the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation, and discharge point.
The O&M Plan shall require the owner to maintain, repair and, if necessary, reconstruct the engineered stormwater controls, and shall state the terms, conditions, and schedule of maintenance for the engineered stormwater controls. The O&M Plan shall specify methods to be used to maintain or restore the engineered stormwater controls to design specifications in the event of failure.
The O&M Plan shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon request by the Stormwater Administrator.
Inspections and inspection programs by Town of Smithfield may be conducted or established on any reasonable basis, including, but not limited to, routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in the engineered stormwater controls; and evaluating the condition of engineered stormwater controls.
If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. § 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties.
In response to NPDES permitting regulations, the Town of Smithfield has adopted a stormwater management ordinance. These regulations require new commercial and residential developments to address storm water quality and storm water quantity requirements during the site plan review process using stormwater best management practices as described by the North Carolina Department of Environmental Quality’s Storm Water Design Manual.
As part of the Town’s stormwater management program, the Town is implementing long term O&M by legal documentation and requires property owners/entities with required stormwater management facilities to prepare and submit an annual report, on or before July 31, with certification, sealed by a registered professional engineer, that the stormwater facility is functioning as intended, plus a certification by the person or entity responsible for maintenance that (1) the specific maintenance activities have occurred, (2) all non-routine maintenance has been listed and (3) that the yearly maintenance plan is adequate to ensure optimal functioning or that changes are recommended.
Smithfield Environment and Natural Resource Protection Website
North Carolina Department of Environmental Quality’s Storm Water Design Manual.