§ 98-225. Best management practices.

(a)

The administrator may propose regulations for specified subject activities. Such regulations shall describe best management practices (BMPs) which, if implemented by persons conducting such subject activities, shall satisfy the requirements of section 98-217.

(b)

Persons conducting subject activities may implement BMPs not contained in the adopted regulations to satisfy the requirement of subsection 98-217(b) through either of the following mechanisms:

(1)

By submitting and receiving prior written approval for the alternative BMPs from the administrator if he or she determines that the proposed alternative BMPs provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (a) above; or

(2)

By implementing alternative BMPs which provide a level of protection from stormwater discharges equivalent to the BMPs contained in the regulations adopted pursuant to subsection (a) above.

(c)

Any alternative BMPs implemented pursuant to subsection (b)(2) above shall be subject to review and approval by the administrator as part of the inspection procedures set forth in section 98-227. If a person conducting subject activities implements alternative BMPs without the prior written approval of the administrator and subsequently receives written notice from the administrator that the alternatives BMPs do not provide the required equivalent level of protection from stormwater discharges, the continued implementation of such alternative BMPs shall be deemed to be a violation of the requirements of section 98-217 as of the date of delivery of such notice unless it is ultimately determined pursuant to an administrative appeal pursuant to section 98-240 that the alternative BMPs provide the required equivalent level of protection from stormwater discharges.

(d)

Any facility that it is in compliance with its state or federal NPDES permit for stormwater discharges for that facility shall be deemed to have met the requirements of section 98-217

(e)

The administrator shall develop regulations for determining when BMPs have been successfully implemented.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 16, 7-12-2018)