Sec. 26.17.02.03. General Provisions

A. The Administration is responsible for implementing and supervising the stormwater management program which is established by the Stormwater Management Subtitle. This responsibility shall include, but is not limited to:

(1) Establishing policies, procedures, standards, model ordinances, and criteria relating to stormwater management;

(2) Reviewing and approving:

(a) County stormwater management ordinances,

(b) Municipal stormwater management ordinances,

(c) Stormwater management program implementation and operation, and

(d) Stormwater management plans for State and federal construction projects which shall be subject to the requirements of this chapter;

(3) Inspecting and enforcing stormwater management on all State and federal construction projects which shall be subject to the requirements of this chapter;

(4) Inspection and enforcement in conjunction with local governmental authorities;

(5) Developing guidelines and regulations;

(6) Assisting local jurisdictions with improving and maintaining their technical capabilities regarding:

(a) Hydrologic and hydraulic analyses,

(b) Utilization of State adopted standards and specifications for stormwater management, and

(c) Stormwater management plan review;

(7) Training assistance to local jurisdictions for construction and maintenance inspections of stormwater management systems;

(8) Developing public educational programs; and

(9) Evaluating the effectiveness of stormwater control measures in eliminating adverse stream quality impacts.

B. Matters of policy, procedures, standards, criteria, approvals, inspection, and enforcement relating to the Stormwater Management Subtitle shall be established by the Administration subject to the jurisdiction of the Secretary of the Environment. The stormwater management programs which are adopted by the counties and municipalities shall include stormwater management criteria consistent with the standards, procedures, and regulations of the Administration. A variation of requirements by a county or municipality on a specific watershed may not be valid unless approved by the Administration. All State and federal development in the watershed shall be reviewed subject to the same variations and requirements by the Administration.

C. Inspection and Review.

(1) Initially, and at least once every 3 years after that, the Administration shall inspect and review the stormwater management programs of the counties and municipalities and evaluate the effectiveness of the programs.

(2) To be found acceptable, a stormwater management program shall have:

(a) An Administration-approved stormwater management ordinance in effect;

(b) Stormwater management planning and approval processes that provide:

(i) Stormwater management for every land development subject to this chapter;

(ii) The implementation of ESD to the MEP; and

(iii) The ability and the information necessary to review adequately proposed installation and maintenance measures for stormwater management;

(c) Inspection and enforcement procedures that ensure the proper construction and maintenance of approved stormwater management measures.

(3) Upon completion of its review and evaluation, the Administration shall submit the findings within 30 days to the appropriate governing authority. The Administration shall also publish the results of the periodic reviews in one document and conduct a public informational meeting concerning the reviews.

D. If a county or municipality is found not to have an acceptable stormwater management program, the Department may:

(1) Issue an order requiring that necessary corrective action be taken within a reasonably prescribed time; or

(2) Impose other sanctions as authorized by law.

E. In order to assure that Administration-approved programs reflect the policies established in the Design Manual, each county or municipality shall submit proposed revisions to its ordinance to the Administration by November 11, 2009. Each county and municipality shall adopt a revised ordinance by May 4, 2010, in order to require that all new development and redevelopment projects implement the policies and practices established in the Design Manual. Descriptions of other program elements shall be submitted as requested by the Administration.