maintaining water quality city of tulsa permit enforcement

M A I N TA I N I N G W AT E R Q U A L I T Y

CITY OF TULSA PERMIT ENFORCEMENT

PERMIT REQUIREMENTS

• The City of Tulsa has a permit issued by the Oklahoma Department of Environmental Quality (ODEQ). In that permit we are required to implement programs for industrial high risk runoff and construction runoff.

THE PERMIT STATES

Industrial Program Requirements• A program to identify and control

pollutants in stormwater discharges to the municipal separate storm sewer system (MS4) from commercial or industrial discharges the permit tee determines are contributing a substantial pollutant loading the MS4 shall be implemented. The program will include:

• Procedures for inspections and monitoring, implementing control measures.

• A list of industrial stormwater sources discharging to the MS4.

Construction Program Requirements

• A program to reduce the discharge of pollutants from construction sites shall be implemented. This program will include:

• Requirements for the use of and maintenance for appropriate structural and nonstructural best management practices to reduce pollutants discharged to the MS4 during the time construction is underway.

• The COT does this through inspections, 1595 Per year.

COT INDUSTRIAL PROGRAM

• Inspections. The city of Tulsa does inspections once a year on industries that hold a stormwater permit through the state.

• Monitoring. Such industries are required to do quarterly monitoring and report findings to our industrial inspector.

• Best Management Practice implementation. Industries are required to put proper BMPs in place.

INDUSTRIAL BEST MANAGEMENT PRACTICES

• Store barrels, batteries, materials equipment, waste, byproducts, salvage products and finished products inside or if outside elevate, cover and inspect for leaks or spills on a regular basis. BMP partially in place. Most materials are off

the ground, but are uncovered and in poor condition which can cause leaking.

POLLUTION ORDINANCE TITLE 11-A CHAPTER 5

ENFORCEMENT

ENFORCEMENT RESPONSE GUIDE

• The enforcement response guide tells recipients exactly what to expect each time they receive a notice of violation. This is set forth by us in cooperation with the Oklahoma Department of Environmental Quality.

ENFORCEMENT RESPONSE GUIDE

• The enforcement response guide states how much it will cost each time a violation is issued.

• In general the violations start with a written violation up to a $1000 fine on the 5th issuance and severance of water and legal action on the 6th issuance.

ENFORCEMENT RESPONSE PLAN (ERP)

TYPES OF VIOLATIONS

• General Prohibited discharges.

• Improper storage, placement or location.

• Causes an MS4 permit violation for the city.

• Illicit discharge.Here a type of “biodegradable” boring gel was being used and not being properly dealt with. Biodegradable does not mean it is okay to discharge.

TYPES OF VIOLATIONS

• Failure to comply with spill procedures.

• Wash water discharges.• Failure to implement or

maintain BMPs. • In construction the

failure to properly put or maintain ECMs.

ENFORCEMENT RESPONSE PLAN (ERP)NOTICE OF VIOLATION

• Illicit discharge detected by inspection or investigation.

• Notice of Violation Issues within 5 days• States specific violation.• Describes enforcement action.• May include administrative fine.• May require response within 15 days. With details

of why it occurred and remedial action taken.

ERP ESCALATION ADMINISTRATIVE FINES

• Administrative Fines• Timeline the same as an NOV.• Can be fined up to $1000 per day.• Fine & response received within 15 days. • They can escalate if not paid or violation continues. • They can also be dismissed, with a consent order in

place.

ERP ESCALATION ADMINISTRATIVE ORDERS

• Administrative Orders are issued when compliance is not obtained in a timely manner.

• AO’s may contain other requirements, including, self monitoring, BMP requirements.

ADMINISTRATIVE ORDERS CNTD

• AO’s may also require the following:• Consent orders- voluntary agreement detailing

actions to become compliant.• Compliance orders- issued when a facility continues

to violate our ordinance. Include consent order requirements and a time limit.

• Cease and Desist Orders- states they need to immediately comply with all requirements & take proper action to become compliant.

AND THE FINAL WORD

• We will turn the facilities water off.

• Violators have the right to an appeal process and if they are still found guilty they can face injunctive orders and Criminal Prosecution.

WHAT CAN I DO?

To learn more about our programs visit: www.cityoftulsa.org/sos

If you see a violation or something that could be detrimental to our water quality please call:

918-591-4325

STORMWATER QUALITY BEGINS WITH YOU

Don HinsonEnvironmental Compliance Specialist

dhinson@cityoftulsa.org918-591-4377

Questions?