The City of Sumter has enacted a Storm Water Management and Sediment Control Ordinance in order to protect the City’s lands and waters from the effects of excessive soil erosion and sedimentation, to prevent siltation of streams and lakes, to prevent clogging of drainage channels, to reduce excessive flood damage, and to prevent damages to property of adjacent landowners. The City of Sumter is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Sumter will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Post-construction stormwater regulations will also be enforced and applicable fees collected. The City of Sumter, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite.
Section 7: Implementation, Inspection and Maintenance Requirements and Off-Site Damage Correction
7.3.C. Permanent Maintenance
Permanent Stormwater management structures must be routinely maintained to operate per design. The City requires inclusion of a Permanent Stormwater Management Maintenance Agreement and a Maintenance Plan to ensure proper operation. Provide a detailed proposed maintenance plan for permanent stormwater management structures proposed for the project in the Narrative. The maintenance agreement and maintenance plan, when required, must be identified and located in the C-SWPPP.
7.3.D Maintenance Agreements
Permanent Stormwater Management Maintenance Agreement must meet the following information as a minimum:
- Signed notarized agreement from the responsible party(ies) or individual(s) accepting ownership and maintenance of each permanent stormwater control device/structure, including any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention structures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
- The City must be notified in writing of any changes in maintenance responsibility for the stormwater devices at the site (include this statement in agreement).
7.3.E. Maintenance Plans.
All Maintenance Plans must meet the following information as a minimum:
- Description of maintenance plan to be used.
- Make sure that detailed or manufacturer-specific maintenance procedures are included for any permanent LID and/or proprietary control devices (oil-water separators, etc.), underground detention strucutures, exfiltration systems and non-traditional stormwater controls (constructed wetlands, bioretention, etc.) incorporated into the construction process.
- Identify each maintenance activity (e.g., inspection, mowing, removing debris, etc.) to be completed. Typical maintenance items to be addressed include but not limited to:
- Grass to be mowed;
- Trees to be removed from within the pond and on the embankment;
- Trash and sediment to be removed from inside of and around the pond outlet structure;
- Orifices to be cleaned and unclogged;
- Outlet pipe to be cleaned, inspected, and repaired;
- Sediment accumulation to be removed from pond;
- Pond bottom to be regarded to provide proper drainage towards the outlet discharge point;
- Energy dissipator to be cleaned and repaired;
- Emergency spillway, if applicable, to be inspected and repaired; and
- Erosion on side slopes, if present, to be addressed
- Schedule or frequency for completing each maintenance activity of maintenance procedures (e.g., every 6 months).
7.3.F. Secondary Permittee Common BMP Maintenance Requirment.
It shall be the responsibility of the Secondary Permittee to either maintain or coordinate the maintenance of any common stormwater BMPS, accepting stormwater discharges from any area associated with their work, with the primary Permittee or the party responsible for permanent maintenance.
Section 10: Administration and Enforcement
A) Any person who violates any provision of this ordinance or who initiates or continues a land disturbing activity for which a storm water management and sediment control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subject to a civil penalty of not more than $1,000 for each violation thereof. No penalty may be assessed until the person alleged to be in violation has been notified of the violation. Each day of the violation constitutes a separate violation.
B) The implementing agency shall determine the amount of the civil penalty to be assessed under this section for violations under its jurisdiction. It shall make written demand for payment upon the person responsible for the violation and set forth in detail the violation for which the penalty has been invoked. If payment is not received or equitable settlement reached within thirty days after demand for payment is made, a civil action may be field in the circuit court in the county in which the violation is alleged to have occurred to recover the amount of the penalty.
Stormwater Utility Fee
In July 2011, the city passed the Stormwater Utility Ordinance to assist in funding the city's MS4 program. A user fee of $5/month for commercial and industrial customers and a $2.50/month for residential customers is being charged on the customer's utility bill for an interim period. During this interim period, the city will be conducting a stormwater utility rate study which will assess the actual impervious cover on each parcel of land within the city limits. The amount of impervious cover on each parcel will be the basis for determining its contribution to the city's stormwater system and the associated fee.