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RESOLUTION R-1617-97: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA ADOPTING THE STORMWATER MANAGEMENT PLAN AS PART OF THE OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY REQUIREMENTS FOUND IN GENERAL PERMIT OKR04.
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BACKGROUND: The City of Norman was designated by rule under Title 40 of the Code of Federal Regulations, 40 CFR §122.32(a)(1) as a Phase II Municipal Separate Storm Sewer System (MS4) City, subject to the 1999 Phase II Stormwater Final Rule promulgated by the U.S. Environmental Protection Agency (EPA). On September 9, 1997, EPA delegated responsibility for stormwater discharges associated with construction sites, industrial sites, and Phase I and II MS4s to the Oklahoma Department of Environmental Quality (DEQ). Under this delegation authority, DEQ issued General Permit OKR04 for Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems in Small Cities, Urbanized Areas, and Other County Areas in the State of Oklahoma on February 8, 2005. On November 29, 2005, the City received Authorization OKR040015. This permit expired on February 9, 2010, but was administratively continued until its reauthorization. General Permit OKR04 was reauthorized and became effective on November 1, 2015. The City submitted a Notice of Intent (NOI) and supporting documentation as part of the OKR04 application process on January 29, 2016.
On December 2, 2016, the City was notified by DEQ that review of the NOI and supporting documentation had been completed. As part of the public participation process, DEQ began a 30-day public comment period on December 5, 2016. The public comment period ended on January 3, 2017, with no comments submitted. On March 17, 2017, DEQ issued Authorization OKR040015 to the City, which is included as Attachment A.
As part of Authorization OKR040015, a Stormwater Management Program (SMP) was developed by the City and approved by DEQ. The SMP describes how the City will comply with the requirements of General Permit OKR04. The SMP and all associated activities must be fully implemented by the end of the 5-year permit term. This will require the City to show improvement in establishing and enforcing best management practices (BMPs) to reduce and control pollutants in stormwater runoff throughout the entire city and in fully integrating the program into all applicable City operations. OKR04 also requires a review of local ordinances and regulations for identification and removal of barriers to Low Impact Development (LID). Implementation of BMPs listed in the revised Stormwater Management Program has already begun in anticipation of receiving the permit authorization from ODEQ.
DISCUSSION: Implementation of the SMP must be completed by the end of the 5-year permit term. In anticipation of receiving the permit authorization, the Stormwater Division began implementing the revised BMPs as outlined in the permit application material in January 2016. The efforts outlined in the SMP are aimed at reducing pollutants in stormwater runoff at the source.
The SMP is attached as Attachment B. This Resolution by the City adopts all elements of the SMP and recognizes the City’s responsibility both to comply with requirements of DEQ and its responsibility to protect the environment which includes providing safe, quality drinking water to its citizens and the citizens of the State of Oklahoma. If Council adopts this Resolution, the City of Norman SMP will be implemented effective immediately.
The City’s adopted FYE 2017 Capital Fund budget allocates $1,030,000 and the General Fund allocates $2,803,598 for implementation of the SMP and includes the following programs/services in addition to the City’s previous stormwater pollution protection programs/services:
• Lake Thunderbird Total Maximum Daily Load Monitoring Program
• Additional Street Sweeper and Operator
• Second Stormwater Compliance Inspector
FYE 2017 activities include increased stormwater inspections, additional public education and outreach, and additional street sweeping.
RECOMMENDATION: Staff recommends approval of Resolution R-1617-97 adopting all elements of the City of Norman’s Stormwater Management Program.