EPA Regulation of Stormwater in Bernallilo County
"These programs regulate the stormwater discharges of Bernalillo County as part of Phase II regulations issued in 1999. These regulations require that small Municipal Separate Storm Sewer Systems (MS4s) apply for permits.
New Mexico is one of four states that do not have authorization to issue permits under the Clean Water Act, including also Idaho, Massachusetts and New Hampshire. This means that the Federal agency, EPA, issues permits directly to local governments (cities and counties) and to New Mexico businesses and construction sites.
While new stormwater regulations have not yet been formally proposed or codified, EPA has incorporated many new features into the Watershed General Permit for the Middle Rio Grande. This Watershed General Permit was proposed on Feb. 12, 2013."
Bernalillo County's Stormwater Program
"Bernalillo County is required to obtain permits to allow discharges to the Rio Grande. In anticipation of permit issuance, Bernalillo County first created a Stormwater Quality Management Plan, and submitted this plan to EPA in March of 2003.
Once the general permit was published in 2007, Bernalillo County Public Works Division revised the original plan and submitted a revised Stormwater Management Plan (SWMP) with a formal permit application on April 1, 2007. The first general permit for small MS4s in New Mexico was issued by EPA and became effective on July 1, 2007. Bernalillo County's 2007 permit application and SWMP were approved without modification on May 11, 2011."
Stormwater Quality Ordinance
"The Bernalillo County Code, Chapter 38 (commonly referred to as the Drainage Ordinance or “Floods”) addresses storm drainage and storm runoff and provides standards for the design of storm water control facilities. However, the Drainage Ordinance does not address stormwater quality. The County’s NPDES Permit (or MS4 Permit) issued by EPA Region 6 on December 22, 2014 specifies that the County must perform certain actions, develop processes and procedures, and in some cases develop ordinances to ensure regulatory controls to provide stormwater quality protection and improvement. Specifically, stormwater quality control measures for Construction, Post Construction, and Illicit Discharge Detection and Elimination (or IDDE) require the development of an ordinance(s) or other regulatory mechanism(s) per the MS4 Permit."
Post-Construction Storm Water Management - New & Re-Development
"The Green Infrastructure/Low Impact Development Post-Construction Best Management Practices guide is to be used for new development and re-development projects that disturb equal to or greater than or one acre; as well as projects less than one acre that are part of a larger common plan of development or sale.
In 2014, the Environmental Protection Agency issued a watershed-based Municipal Separate Storm Sewer System (MS4) Permit for stormwater in 2014. This permit requires all new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, to evaluate opportunities for the use of Green Infrastructure/Low Impact Development (GI/LID) techniques in site design. Bernalillo County now requires all commercial and some residential applicants to complete the Stormwater Post-Construction Evaluation Form below to look for opportunities to incorporate GI/LID."