As part of the Birmingham-Hoover, AL Metropolitan Statistical Area and also included in the Birmingham-Hoover-Talladega, AL Combined Statistical Area, the City of Hoover is designated as a EPA Phase I municipality. To comply with NPDES permit requirements, the City of Hoover has enacted an article to its municipal code for erosion and sedimentation control, which also includes regulations for management of stormwater runoff.
The City of Hoover's municipal code establishes local requirements for stormwater runoff associated with development activities. This article is enacted to preserve, protect and promote the health, safety and welfare of the citizens of Hoover, Alabama, through the reduction, control and prevention of the discharge of pollutants to the MS4. It is the expressed intent of the city council 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 NPDES stormwater program and the terms of the city's municipal phase II stormwater permit.
Municipal Code: The City of Hoover
CHAPTER 12. PLANNING AND DEVELOPMENT ARTICLE IV. EROSION AND SEDIMENTATION CONTROL
Editor's note- Ord. No. 10·2186, § l(Exh. A), adopted January 4, 2010, repealed former Art. IV,§§ 12·90-12· 113, in its entirety and enacted new provisions as herein set out. Former Art. IV pertained to similar matter and derived from Ord. No. 99-1706, § 2, adopted 7-19·99; Ord. No. 99-1708, 9·7·99.
The city engineer of the City of Hoover shall administer, implement, and enforce the provisions of this article, on behalf of the city as a part of the city's stormwater management program, and shall act as the official forthe provisions of this article. Any powers granted or duties imposed upon the official may be delegated in writing by the city engineer to persons or entities acting in the beneficial interest of or in the employ of the city.
(Ord. No. 10-2186, § l (Exh. A), 1-4-10)
Sec. 12-100. - BMP approval requirements-General requirements.
No land-disturbing activity shall be conducted within the city until a permit has been issued by the official allowing such activity pursuant to the provisions of this article. The following are BMP approval requirements:
- Persons conducting land-disturbing activities shall take all reasonable measures referred to, or provided for, in this article to protect all public and private property from damage caused by such activities and to reduce stormwater pollution to the maximum extent practicable.
- No land-disturbing activities subject to this article shall be undertaken except in accordance with the following requirements:
- The person(s) proposing to conduct any land-disturbing activity or an agent, contractor or other representative of such person must contact the official at least five (SJ business days before commencement of the land-disturbing activity to advise the official of the commencement of such land-disturbing activity, unless, for good cause shown, the official permits such person, contractor, agent or other representative to contact him nearer to the date of the commencement of such land-disturbing activity.
- Other than land-clearing activities required to install the appropriate BMPS in accordance with CBMP plans, any downslope erosion and sediment control measures, on-site stream channel protection and up slope diversion of drainage required by the CBMP Plan shall be in place and functional before any clearing or earth-moving operations begin, and shall be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but shall be replaced at the end of the workday.
- The angle for graded slopes and fills shall be no greater than the angle, which can be retained by vegetative cover or other adequate erosion control devices or structures. Any slope or fill which has been graded shall, within fourteen (14J days of the completion of such grading or the completion of any phase of grading, be planted or otherwise provided with ground cover, materials, devices or structures sufficient to restrain erosion. The BMPs shall remain in place in accordance with the CBMP plan until the graded slope or fill is stabilized.
- 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.
- All control measures shall be checked, and repaired as necessary, monthly in dry periods and within twenty-four (24) hours after any rainfall at the site of three-quarters (0.7SJ inch within a twenty-four-hour period. During prolonged rainfalls, daily checking and, if necessary, repairing shall be done. The permittee shall maintain written records of such checks and repairs, which records shall be subject to the inspection of the official at any reasonable time.
- The CBMP plan shall show the size of disturbed area and a schedule of the projected starting and completion dates of the land-disturbing activity.
- A site plan, accompanied by a written description of BMPs which are shown on the site plan, and a schedule of implementation during land-disturbing activities and construction shall be furnished to the official prior to the commencement of any land-disturbing activities.
- A description of, and procedures for, proper storage, handling and disposal of construction materials stored on-site which could contribute to the pollutant loading to the MS4, shall be furnished to the official prior to the commencement of any land-disturbing activities.
(Ord. No. 1().2186, § l(Exh. A), 1-4-10)
Sec. 12-101. - BMP approval requirements-Design and performance standards.
The following are required for all land-disturbing activities except those related to the construction of individual singlefamily residences.
All applications for a permit must contain, or be accompanied by, the materials and information necessary to satisfy the requirements of Section 12-100 and this section and must be accompanied by a CBMP Plan. The CBMP Plan shall be prepared by a qualified credentialed professional and shall include the following:
- The CBMP plan shall be accompanied by a map or plot of the property upon which land-disturbing activities are to be conducted, prepared by a registered land surveyor, showing the present contour lines of such property, and the present contour lines of at least the nearest twenty-five (25) feet of the properties immediately adjacent to such property and the existing grades and evaluations of all streets which abut such property. Such map or plot shall show all existing drainage facilities and all natural drainage on such property and on such adjacent property.
- All proposed contours, the proposed temporary and permanent disposition of surface water and the proposed drainage structures; provided, however, the CBMP Plans for utility projects, except sewer projects, shall not be required to show the proposed contours.
- The proposed contours in the map or plot shall be depicted in contour intervals of two (2) or fewer feet; provided, however, the CBMP Plans for utility projects, except sewer projects, shall not be required to show the proposed contours. All maps, plots and plans submitted shall be on a sheet of paper at least twenty-four (24) inches by thirty-six (36) inches and drawn to a scale of not less than one (1) inches equals one hundred (100) feet. Contour intervals of more than two (2) feet and maps, plots or plans which are smaller than the required size may be approved by the official, upon written request and for good cause shown.
- The CBMP plan shall contain a description of the existing site conditions, a description of adjacent topographical features, the information necessary to determine the erosion qualities of the soil on the site, potential problem areas of soil and erosion and sedimentation, soil stabilization specifications, stormwater management considerations, a projected time schedule for the commencement and completion of the land-disturbing activity, specifications for CBMP plan maintenance during the project and after completion of the project, clearing and grading limits, and all other information needed to depict accurately the solutions to potential soil erosion and sedimentation problems to the MS4. The CBMP plan shall include the series of BMPs and shall be reviewed by, and subject to the approval of, the official prior to the issuance of the permit.
- Where appropriate, in the opinion of the qualified credentialed professional who prepares the CBMP plan, to the maximum extent practicable, the CBMP plan shall include measures to reduce erosion and other adverse impact to MS4 drainage which would result from an increase in the volume of water and the rate of runoff of water during the conduct of land-disturbing activities.
- Whenever the official determines that a CBMP plan does not comply with this article, he shall notify the applicant in writing of the ways in which the CBMP plan does not comply with this article.
- To the maximum extent practicable, sediment in runoff water must be minimized by using appropriate BMPs.
- Structural controls shall be designed and maintained as required to minimize erosion and pollution to the maximum extent practicable. All surface water flowing toward the construction area shall, to the maximum extent practicable, either be passed through the site in a protected channel or 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 the disturbed areas or drainage areas, to minimize erosion and to control sediment, to the maximum extent practicable. Discharges from sediment basins and traps must be conducted in a manner consistent with good engineering practices. Sediment-laden, or otherwise polluted, water discharged to MS4 must be addressed in a manner consistent with good engineering practices and the requirements of this article.
- Control measures shall be maintained as an effective barrier to sedimentation and erosion in accordance with the provisions of this article.
- There shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge. The stormwater discharge to an MS4 must not cause an unnatural color (except dyes or other substances discharged to an MS4 for the purpose of environmental studies and which do not have harmful effect on the bodies of water within the MS4) or odor in the waters of the state. The stormwater discharge to the MS4 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 waters of the state.
- When the land-disturbing activity is finished and stable vegetation or other permanent controls have been established on all remaining exposed soil, the owner of the land where the land-disturbing activity was conducted, or his authorized agent, shall notify the official of these facts, and request a final inspection. The official shall then inspect the site within five (5) 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 official, written notice of such additional measures shall be delivered to the owner, and the owner shall continue to be covered by the permit issued with respect to the land-disturbing activity until a final and complete inspection is made and the official approves the project as having been satisfactorily completed and delivers to the owner, within ten (10) days of the date of such approval, a certification of completion showing that the requirements of the permit have been fulfilled. At that time, the site and/or the project constructed thereon may come under the operation of other ordinances of the city.
Sec. 12-102. - Monitoring and inspection.
The official may periodically monitor the quality of stormwater and the concentration of pollutants in stormwater discharges from land-disturbing activities permitted to the MS4 pursuant to this article.
(Ord. No. 10-2186, § l(Exh. A), 1-4-10)
Sec. 12-103. - Detection of illicit connections; improper disposal and/or discharges.
The official shall take appropriate steps to detect and eliminate illicit connections and eliminate improper disposal and/or discharge to the MS4, including the required dry-weather and wet-weather programs to screen illicit connections and improper discharges and identify their source or sources from land-disturbing activities.
(Ord. No. 10-2186, § l(Exh. A), 1-4-10)
Cross reference- Illicit discharge detection and elimination, Chapter 12, Article V, §§ 12-150 to 12-166.
Sec. 12-104. - Inspections.
- Pursuant to the terms of the permit and/or the permit application, the official, bearing proper identification, may enter and inspect all land-disturbing activities for regular periodic inspections, investigations, monitoring, observations, measurements, enforcement, sampling and testing to verify compliance with the provisions of this article and the specific CBMP plans for such land-disturbing activities. The official shall inspect the construction site to confirm the implementation and the maintenance of CBMP Plans; otherwise, such site shall be inspected when the official believes, as a result of complaints or monitoring activity, that land-disturbing activities on the site are causing a substantial pollutant loading which threatens the MS4.
- Upon the refusal by any property owner to allow the official to enter, or to continue an inspection on, a site on which land-disturbing activities or construction work is being done, the official shall terminate the inspection or confine the inspection to areas to which no objection is raised. If an agent of the official was making. or attempting to make, such inspection, the agent shall promptly report to the official the refusal and the reasons for the refusal, if the reasons are known by the agent. The official may seek appropriate legal remedies to enable him to make or complete such inspection, including seeking appropriate legal remedies from any court having jurisdiction over the matter. If the court grants a remedy to the official, the property owner must reimburse the city of all the costs and expenses incurred by the city in obtaining such remedy, including court costs and reasonable attorney's fees.
- If the official has reasonable cause to believe that discharges from the land-disturbing activities to the MS4 may cause an imminent threat to human health or the environment, an inspection of the site may take place at any time and without notice to the owner of the property or a representative on site. The official shall present proper credentials upon request of the owner or his representative.
- At any time during an inspection, or at such other times as the official may request information from an owner or his representative, the owner or representative may identify areas of its business, material or processes which contain a trade secret and an inspection of which might reveal such trade secret. To the extent practicable and as allowed by law, the official shall protect all information, which is designated as a trade secret by the owner or his representative.
(Ord. No. 10-2186, § l(Exh. A), 1-4-10)
Sec. 12-105. - Unauthorized discharge prohibited and declared a public nuisance.
(a) Any discharge of stormwater made in violation of this article or of any condition of a permit issued pursuant to this article is prohibited and is hereby declared a public nuisance subject to correction and/or abatement in accordance with applicable law.
Sec. 12-106. -Accidental discharges.
- Release of hazardous materials. In the event of any 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 premises owner or operator of the premises shall immediately notify emergency response agencies of the occurrence via emergency dispatch services (911) and shall also notify the official in person or by telephone or facsimile not later than twenty-four (24) hours from the date and time of the release as to the occurrence of and the quantity of the release.
- Release of non-hazardous materials. In the event of a release of non-hazardous materials, said person shall notify the City of Hoover Fire Department and the authorized enforcement agency in person or by telephone or facsimile no later than the twenty-four (24) hours from the date and time of the release as to the occurrence of and the quantity of the release.
- The owner or operator of such property shall take all necessary steps to ensure the discovery, containment and cleanup of such spill so as to minimize any adverse impact to the waters of the state and waters of the United States caused by discharges to the MS4, including such improved or additional monitoring as may be necessary to determine the nature and impact of the discharge. Absent a compelling public interest to the contrary, it shall not be a defense for the owner or operator 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.
Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the official within three (3) business days of date of the telephone or in person notice.
(d) Failure to provide notification of a release as provided above is a violation of this article.
(Ord. No. 10-2186, § l(Exh. A), 1-4-10)
Sec. 12-108. - Notification of violation; enforcement remedies.
(a) Notification of violation.
- Whenever the official finds that any person is in violation of any provision of this article, or any order issued hereunder, the official or his agent may serve upon such person written notice of the violation. This notice of violation shall contain:
- The name and address of the alleged violator;
- The address of the premises (when available) or a description of the building. structure or land upon which the violation is occurring or has occurred;
- A statement specifying the nature of the violation;
- A description of the remedial and/or restoration measures necessary to restore compliance with this article and a deadline for the completion of such remedial and/or restoration action;
- A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;
- A statement that the determination of violation may be appealed to the Hoover Code Appeals Board ("board") by filing a written notice of appeal with the board within seven (7) days of service of a notice of violation; and
- A statement specifying that, should the violator fail to restore compliance with this article within the established time schedule, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator as allowed hereunder and collected as allowed by law.
- Such notice may require without limitation:
- The performance of monitoring, analyses, and reporting;
- The elimination of illicit connections and/or illicit discharges;
- That violating discharges, practices, or operations shall cease and desist;
- The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
- Payment of an amount equal to administrative and remediation costs; and/or
- The implementation of source control or treatment BMPs.
(b) Compliance order. When the official finds that any person has violated, or continues to violate, this article, he may issue a compliance order to the violator, directing that, within a specified time period, adequate structures and devices be installed, or procedures implemented, and properly operated or other action be taken to remedy such violation.
Compliance orders may also contain such other requirements as may reasonably be necessary and appropriate to address such violation, including the construction of appropriate structures, installation of devices and self-monitoring and management practices.
(c) Cease and desist orders. When the official finds that any person has violated, or continues to violate, this article or any order issued under this article, the official may issue an order to such person to cease and desist all such violations immediately, and direct such person in violation of this article to:
- Comply with this article forthwith; or
- Take such appropriate remedial or preventive action as may be required to address properly a continuing or threatened violation of this article, including halting operations and terminating the discharge.
(Ord. No. 10.2186, § l(Exh. A), 1-4-10)
ARTICLE V. - ILLICIT DISCHARGE DETECTION AND ELIMINATION (IDDE)
Sec. 12-150. - Purpose/intent.
The purpose of this article is to protect the health, safety, and general welfare of the citizens of the City of Hoover, Alabama through the regulation of non-stormwater discharges to the city's municipal separate stormwater system ("MS4") to the maximum extent practicable as required by federal and state law. This article establishes methods for controlling the introduction of pollutants into the City of Hoover's MS4 in order to comply with requirements of the national pollutant discharge elimination system ("NPDES") permit. The objectives of this article are:
- To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user;
- To prohibit Illicit Connections and Non-Stormwater Discharges to the MS4;
- To prevent non-stormwater discharges, generated as a result of spills, inappropriate dumping or disposal, to the city's MS4; and
- To establish legal authority to carry out all inspection, surveillance monitoring and restoration necessary to ensure compliance with this article.
(Ord. No. 10-2184, § 1, 1-4-10)
Section 12-152. -Applicability.
This article applies to all premises (whether developed or undeveloped) that have stormwater discharges associated with any and all land uses within the City of Hoover, including but not limited to, residential, industrial, commercial, agricultural and construction activity.
(Ord. No. 10.2184, § 1, 1-4-10)
Sec. 12-155. - Ultimate responsibility.
The standards set forth herein and promulgated pursuant to this article are minimum standards; therefore this article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.
(Ord. No. 10.2184, § 1, 1-4-10)
Sec. 12-156. - Prohibitions.
(a) Prohibition of illicit discharges.
(1) Prohibition. Unless otherwise excepted herein, no person shall spill, dump, throw, drain, make, cause to be made or continue to be made; allow others under such person's control to spill, dump, throw, drain, make, cause to be made or continue to be made; or otherwise discharge and/or dispose of into the city's MS4 or watercourses any illicit discharge, including but not limited to pollutants or waters containing any pollutants, other than stormwater.
Sec. 12-157. -Watercourse protection.
No person owning a premises or leasing a premises through which a watercourse passes shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, maintained or kept in any part of a watercourse any trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. A person shall keep and maintain that part of the watercourse on the premises owned or leased by such person free from any such trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. A person shall only be liable under this article for trash, debris, excessive vegetation and other obstacles that originate from the premises owned or leased by such person. In addition, the owner or lessee of a premises shall maintain existing privately owned structures within or adjacent to a watercourse on such premises, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse.
(Ord. No. 10-2184, § 1, 1-4-10)
SEC. 12·160. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS THROUGH THE USE OF BEST MANAGEMENT PRACTICES.
- BMPs required. All commercial, industrial and high-risk facilities shall identify, implement and maintain BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of stormwater, the MS4, waters of the state and/or waters of the United States. Non-compliance with such BMPs will constitute a violation of this article.
- Where BMPs are promulgated by the city or any federal, state or regional agency for any specific activity, operation, or facility which would otherwise cause the discharge of pollutants to the city's MS4 or waters of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements. Compliance with such BMPs shall be deemed compliance with the provisions of this article.
- Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with construction and/or industrial activity shall be deemed compliance with the provisions of this section.
- Responsibility to implement best management practices. Except as set forth herein, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the MS4 or the waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants.
The owner or operator of a commercial, industrial or high risk facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.
(Ord. No. 10.2184, § 1, 1-4-10)
City of Hoover Stormwater Documents
CITY CODE: CHAPTER 12. PLANNING AND DEVELOPMENT
State of Alabama STORMWATER DOCUMENTS
- VOLUME 2- CHAPTER 3: INSTALLATION AND MAINTENANCE OF BEST MANAGEMENT PRACTICES
Runoff Conveyance...p. 93
Sediment Control...p. 129
Stormwater Management...p. 179
Stream Protection...p. 197