City of Dothan

The City of Dothan was first issued a NPDES permit in 2003 for reducing pollutants to the maximum extent possible (MEP) before discharging into the City’s Municipal Storm Sewer System (MS4). The City of Dothan is classified as a Phase II MS4. This permit aided the City of Dothan with compliance of requirements established by The EPA Clean Water Act. Since then, there have been strong regulatory improvements for stormwater management on both the federal and state levels, and permits have been re-issued statewide in Alabama with more stringent requirements.

Pursuant to Ala. Code § 22-22A-4(n) (2006 Rplc. Vol.), the Alabama Department of Environmental Management (ADEM) is the state agency responsible for the promulgation and enforcement of water pollution control regulations in accordance with the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 to 1387. In addition, the Department is authorized to administer and enforce the provisions of the Alabama Water Pollution Control Act, Ala. Code §§ 22-22-1through22-22-14 (2006 Rplc. Vol.).

On January 31, 2011, the Department issued to the City of Dothan, the “Permittee,” a National Pollutant Discharge Elimination System (hereinafter "NPDES") Permit ALR040007 (hereinafter "the Permit"), which established limits on the discharge of pollutants from the MS4 to waters of the State. The Permit was modified on February 24, 2012. The Permit expires January 31, 2016.

To comply with NPDES permit requirements, the City of Dothan has enacted a chapter to its municipal code for regulations and requirements for the management of stormwater runoff. The Engineering Services division is responsible for the administering and and enforcing ADEM Phase II Municipal Separate Stormwater Sewer Systems (MS4) Program.

DOTHAN, AL CODE OF ORDINANCES

CHAPTER 83 - STORMWATER

ARTICLE I. - ILLICIT DISCHARGE

Sec. 83-1. - Intent.

This article is enacted to preserve, protect and promote the health, safety and welfare of the citizens of Dothan, Alabama, through the reduction, control and prevention of the discharge of pollutants to the city municipal separate storm sewer system (M54). It is the expressed intent of this document to provide for and promote compliance by the city with federal and state laws governing the discharge of pollutants from the MS4 and to provide for and promote compliance with an NPDES permit issued to the city for such discharge. The city does not intend for this article to conflict with any existing federal or state law. The objectives of this article are:

  1. To regulate the contribution of pollutants to the municipal separate storm sewer system (M54) by stormwater discharges by any user.
  2. To prohibit illicit connections and discharges to the municipal separate storm sewer system.
  3. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this article.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-3. - Discharge prohibitions.

  1. The illicit discharge of pollutants to the MS4 is prohibited.
  2. The discharge of pollutants to the MS4 by discharging stormwater associated with industrial activity is prohibited except as authorized by a NPDES permit. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this article which relate to such discharge.
  3. The spilling, dumping, or disposal of materials other than stormwater to the MS4 is prohibited.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-5. - Inspection and monitoring.

  1. The public works director shall be permitted to enter and inspect facilities subject to regulation under this article as often as may be necessary to determine compliance with this article. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access.
  2. Facility operators shall allow the public works director ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law.
  3. The public works director shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the public works director to conduct monitoring and/or sampling of the facility's stormwater discharge.
  4. The public works director has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.
  5. Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the public works director and shall not be replaced. The costs of clearing such access shall be borne by the operator.
  6. Unreasonable delays in allowing the public works director access to a facility is a violation of this article. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this article.
  7. If the public works director has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this article, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this article or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the public works director may seek issuance of a search warrant from any court of competent jurisdiction.

(Ord. No. 2010-82. § 1, 3-23-10)

Sec. 83-6. - Best management practices (BMPs).

All industrial facilities and high risk facilities are required to implement, at their own expense, structural and nonstructural BMPs, as appropriate, to prevent the discharge of pollutants to the MS4. Further, the public works director may require any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, to implement, at said person's expense, additional structural and non-structural BMPs to prevent the discharge of pollutants to the MS4. To the extent practicable, the public works director shall recognize that storage and handling of significant materials, material handling equipment or activities, intermediate products or industrial machinery in such a manner that they are not exposed to stormwater is an effective BMP. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-7. - Good housekeeping.

Commercial areas and industrial facilities shall employ good housekeeping practices to prevent debris such as paper, bottles, cans, plastic, etc. from entering the MS4 from areas such as parking lots, loading zones, sidewalks, trash cans and dumpster sites. It shall be unlawful for any person to discharge chemicals, waste products or any pollutant to the parking lot or grounds of a commercial area or an industrial facility.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-8. - BMP plan.

Whenever stormwater will be discharged into the MS4 from a site of industrial activity or a high risk facility, the person responsible for such site, except as such site may be expressly excepted from coverage of this article, shall develop and implement a BMP plan sufficient enough to control discharges from his facility. If requested by the public works director, such BMP plan must be provided for review within ten days of the request.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-9. - Modifications to BMP plan.

A BMP plan may be modified in order to comply with any federal, state or local law, regulation, order or standard, or when, in the opinion of the public works director, a modification is necessary to accurately control changes in the character or amount of pollutants of stormwater discharged into the MS4, or any other applicable condition. Deadlines for compliance with the modified requirements shall be determined on a case specific basis.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-10. - Revocation of a BMP plan.

  1. The public works director may revoke authorization to discharge under a BMP plan, if he determines that one or more of the following conditions exist:
    1. The holder provided false information;
    2. The holder provided false information with respect to any monitoring, record keeping, or reporting requirements;
    3. The holder is convicted of violating the provisions of this article;
    4. Any term or condition imposed under a BMP plan was not satisfied;
    5. Any federal, state or municipal statute, law, ordinance, regulation, order or standard is being violated by the holder;
    6. The holder has refused entry to the public works director for purposes of inspection or monitoring; or
    7. For any other reason if, in the judgment of the public works director, the continuance of a BMP plan is not consistent with the purposes of this article.
  2. Whenever the public works director determines that grounds exist for revocation of a BMP plan, he shall serve upon the holder a written notice of proposed revocation, stating the facts or conduct which warrant revocation of the BMP plan approval, and providing the holder with an opportunity to demonstrate or achieve compliance with all lawful requirements. Within ten days of the date of the notice of proposed revocation, the holder must provide written or demonstrative evidence of satisfactory compliance or a written plan for achieving satisfactory compliance.
  3. If the holder fails to respond to a notice of proposed revocation or fails to provide adequate evidence of satisfactory compliance or an adequate written plan for achieving satisfactory compliance, the public works director shall deliver, by certified mail/return receipt requested, a written notice of revocation to the holder. Said notice of revocation shall be effective immediately and shall include a statement of the reasons for revocation and the appeal procedure.

(Ord. No. 2010-82, § 1, 3-23-10)

Sec. 83-14. - Noncompliance.

It shall be unlawful to refuse or fail to comply with the terms or conditions of a BMP plan approval issued under this article.

(Ord. No. 2010-82, § 1, 3-23-10)

ARTICLE II. - STORMWATER MANAGEMENT

Sec. 83-19. - Purpose.

As required by The City of Dothan, Alabama's Phase II municipal separate storm sewer (MS4) National Pollutant Discharge Elimination System (NPDES) Permit, issued by the Alabama Department of Environmental Management (ADEM), the city must develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from its MS4 to the "maximum extent practicable," to protect water quality and to satisfy the appropriate water quality requirements of the Clean Water Act (CWA). This article is therefore enacted to preserve, protect and promote the health, safety and welfare of the citizens of Dothan, Alabama, through the reduction, control and prevention of the discharge of pollutants from newly developed and redeveloped sites to the MS4. It is the expressed intent of the city in enacting this article to provide for and promote compliance by the city with federal and state laws governing the discharge of pollutants from the MS4 and to provide for and promote compliance with the city's NPDES permit, issued by ADEM pursuant to its authority under the CWA.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec. 83-21. -Administration.

The city will enforce the provisions of this article throughout its jurisdiction.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec_ 83-22. - Permits.

(a) No land disturbing activities for non-residential development, regardless of size, or that disturb either (i) greater than or equal to one acre; or (ii) less than one acre but whose activity is part of a larger common plan of development or sale that disturbs one acre or more, other than those land disturbing activities exempted from the provisions of this article as set out in section 5, shall be conducted within the city without first obtaining the necessary permit(s) from the city. Before the commencement of any land disturbing activities, the applicant must file with the city an application for a permit.

Sec. 83-25. - Post-construction requirements for new development and redevelopment.

  1. The permittee shall develop and implement post-construction strategies for new development and redevelopment that include, at a minimum, a combination of structural and/or non-structural BMPs designed to require, to the maximum extent practicable, that the volume and velocity of pre-construction stormwater runoff is not significantly exceeded, as determined by the city. Said combination of post-construction strategies shall be designed to function during rainfall events with intensities including 2-, 10-, and 25-year-24 hour storm events. The city reserves the right to require the inclusion of larger storm events.
  2. Post-construction strategies may be incorporated into permittee's BMP plan filed with the city or in a separate document. Said post-construction strategies shall be reviewed, approved, and updated pursuant to the same requirements as those of the permittee's BMP plan.
  3. Permittee's post-construction strategies must show proposed final site conditions and describe how the volume and velocity of stormwater leaving the site will be managed after construction is complete to require, to the maximum extent practicable, that it does not exceed the volume and velocity of pre-construction stormwater runoff.
  4. Upon completion, permittee shall file with the city a certified copy of as-built drawings and calculations of any post-construction strategies implemented at the site. Such filing shall demonstrate, to the maximum extent practicable, that final post-construction site conditions comply with subsection (a), above.
  5. The city reserves the right to inspect post-construction strategies following implementation by permittee and require documentation allocating responsibilities for long-term operation and maintenance of post-construction strategies, as it deems necessary. The city may also require permittee to provide a method of funding to be established or provided to ensure the long term maintenance of any post-construction BMPs.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec. 83-26. - Responsibilities of the permittee, property owner and/or developer.

  1. Once received from the city, the BMP plan bearing the stamp of approval of the city, along with the permittee's NOi, ADEM NPDES permit, any necessary building or other permits, and/or other required documentation shall be maintained at the site during the progress of the work and until a notice of termination has been filed with ADEM, unless impracticable. If impracticable, the aforementioned records may be maintained at another reasonable location, so long as they can be produced to the city within 48 hours of a request for said records.
  2. The permittee, or an agent, contractor or other representative of same, shall notify the city at least two working days before the start of construction, unless good cause exists for contacting the city within a lesser timeframe.
  3. Clearing, except that necessary to establish erosion and sediment controls, shall not begin until all erosion and sediment controls have been installed and have been stabilized.
  4. The person engaged in or conducting land disturbing activities shall be responsible for maintaining all temporary and permanent erosion and sediment controls during the development of a site. Grading. and erosion and sediment controls shall meet the design criteria set forth in the most recent version of the Alabama Handbook.
  5. To the maximum extent practicable, pollutants in runoff water must be minimized by using appropriate BMPs.
  6. Grading and erosion and sediment controls shall be designed and maintained to minimize erosion and the discharge of pollutants to the MS4 to the maximum extent practicable.
  7. Adequate protective measures shall be provided for the containment of hazardous substances and any other materials which may pollute the MS4, including petroleum products, lubricants and paint.
  8. When land disturbing activities are finished and stable vegetative control measures or other permanent controls have been established on all remaining exposed soil, the permittee shall notify the city and request a final inspection. The city will inspect the site within five working days after receipt of the notice, and may require additional measures to stabilize the soil and control erosion and sedimentation. If additional measures are required by the city written notice of such additional measures will be delivered to the permittee, and the permittee shall continue to be covered by the permit until a final and complete inspection is made and the city approves the project as having been satisfactorily completed.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec. 83-27. - Inspections.

  1. The permittee must carry out all applicable inspection requirements set out in ADEM's applicable regulations and NPDES construction general permit.
  2. The city or its designated agent retains the right to enter property upon which any land disturbing activities are being conducted to carry out its own inspections, investigations, monitoring, observations, sampling, enforcement, and/or to address any complaint. Furthermore, the city or its designated agent retains the right to enter property upon which any post-construction strategies have been implemented pursuant to the requirements of this article to carry out its own inspections, investigations, monitoring, observations, sampling, enforcement, and/or to address any complaint. Prior to conducting any of the aforementioned activities, the representative(s) of the city will notify the permittee, or an authorized representative, at the site, of their presence and anticipated activities on the site. The city will conduct any such inspection activities at reasonable times, provided however that if the city has reasonable cause to believe that discharges from land disturbing activities to the MS4 may cause an imminent threat to human health or the environment, inspection of a site may take place at any time and without notice to the permittee, or an authorized representative at the site.

Whenever information from a permittee, site owner, and/or an authorized representative at a site is requested by the city, said parties may identify certain documents, materials, and/or processes that contain trade secret(s), the inspection of which could potentially jeopardize such trade secret. If the city has no clear and convincing reason to question the proprietary assertion, omission of such materials, documents and/or processes will be noted by the city. To the extent practicable, the city will protect all information which is designated as a trade secret by the permittee, site owner or an authorized representative.

  1. The city may seek appropriate legal remedies from any court with competent jurisdiction over the site for any wrongful refusal by a permittee, site owner, and/or authorized representative to allow the city to enter and/or continue an inspection on a site. If a court grants a remedy to the city, the site owner must reimburse the city all costs and expenses incurred in obtaining such a remedy.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec. 83-28. - Corrective action.

  1. Any poorly functioning erosion and sediment controls, post-construction strategies, non-compliant discharges, or any other deficiencies observed during inspections conducted pursuant to section 83-27 of this article shall be corrected as soon as possible, but not to exceed five days of the inspection, unless impracticable.
  2. The permittee shall take all reasonable steps to remove, to the maximum extent practicable, pollutants deposited offsite or in any MS4 conveyance structure.

(Ord. No. 2013-149, § 1, 6-4-13)

Sec. 83-29. · Enforcement.

  1. This article authorizes the following stormwater and non-stormwater discharges: discharges authorized by, and in compliance with, any separate NPDES permit, discharges from fire-fighting activities; fire hydrant flushings; waters used to wash vehicles where detergents are not used; water used to control dust; potable water including uncontaminated water line flushings not associated with hydrostatic testing; routine external building wash down associated with construction that does not use detergents; pavement wash waters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; uncontaminated air conditioning or compressor condensate associated with temporary office trailers and other similar buildings; uncontaminated ground water or spring water; foundation or footing drains where flows are not contaminated with process materials such as solvents; and landscape irrigation.
  2. All discharges not explicitly authorized by this article are prohibited. Any discharge to the MS4 made in violation of this article or of any condition of a permit issued pursuant to this article shall be subject to correction and/or abatement in accordance with applicable law.
  3. The City of Dothan, Alabama's Phase II MS4 NPDES permit allows the city to rely upon ADEM for the enforcement of certain violations of this article. The city hereby expresses its intent to rely upon ADEM for enforcement of violations of this article, as allowed by the City of Dothan, Alabama's Phase II MS4 NPDES permit, and agrees to promptly notify ADEM upon observing evidence of any known or suspected violations. Furthermore, no enforcement action will be taken by the city for a violation of the terms of this article if any of the following has occurred:
    1. ADEM has issued a notice of violation with respect to the same alleged violation and is proceeding with an enforcement action with respect to such alleged violation;
    2. ADEM has issued an administrative order with respect to the same alleged violation and is proceeding with an enforcement action with respect to such violation; or
    3. ADEM has commenced, and is proceeding with, an enforcement action, or has completed any other type of administrative or civil action, with respect to such alleged violation.

Any determination or resolution made by ADEM with respect to an alleged violation shall be final, and the alleged violation will not be made the subject of any additional enforcement action by the city for any alleged violations of this article and/or provisions of any permit issued pursuant to this article. However, for violations that have not been appropriately corrected and/or abated pursuant to ADEM's enforcement action, an enforcement action may be pursued by the city.

  1. Notwithstanding any other provision in this article to the contrary, in the event of an immediate threat to the public health or welfare, the city may take all appropriate measures to remove or alleviate such threat.
  2. In the event of any accidental discharge of a hazardous substance or a significant spill of a hazardous substance to the MS4 which could constitute a threat to human health or the environment, the permittee of the site shall give notice to the city and the local emergency management city in the same manner and within the same time as is required by state regulations for notice to ADEM.

Absent a compelling public interest to the contrary, it shall not be a defense for the permittee in an enforcement action that it would have been necessary to halt or reduce the business or activity of the site, or any project or facility thereon, to maintain water quality and minimize any adverse impact that the discharge may cause.

  1. Whenever the city finds that any person is in violation of any provision of this article, or any order issued hereunder, the city may serve upon such person a written notice of the violation. Within ten calendar days of the date of such notice, unless an alternate date is approved by the city, an explanation of the violation and a plan for the satisfactory correction and future prevention thereof, including specific required actions, shall be submitted to the city. Submission of such plan shall in no way relieve such person in violation of this article ofliability for any violations occurring before or after receipt of the notice of violation.

Dothan Stormwater Documents

State of Alabama STORMWATER DOCUMENTS

Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas (Rev. No. 3 September 2014)

Runoff Conveyance...p. 93

   
  • Check Dam (CD)
  • Grass Swale (GS)
  • Riprap-lined Swale (RS)
  • Diversions (DV)
  • Lined Swale (LS)
  • Subsurface Drain (SD)
  • Drop Structure (DS)
  • Outlet Protection (OP)
  • Temporary Slope Drain (TSD)

 

Sediment Control...p. 129

 
  • Block and Gravel Inlet Protection (BIP)
  • Filter Strip (FS)
  • Brush/Fabric Barrier (BFB)
  • Floating Turbidity Barrier (FB)
  • Fabric Drop Inlet Protection (FIP)

 

Stormwater Management...p. 179

  • Bioretention Area (BA)
  • Porous Pavement (PP)
  • Stormwater Detention Basin (SDB)

 

Stream Protection...p. 197

 
  • Buffer Zone (BZ)
  • Stream Diversion Channel (SDC)
  • Channel Stabilization (CS)
  • Streambank Protection (SP)