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HomeMy WebLinkAbout2018-05WHEN RECORDED RETURN TO: Mohave County Clerk of the Board 111FRUX-411p, S4.,R1711111 FEE# 20180 1589 OFFICIAL RECORDS*v' OF MOHAVE COUNTY a KRISTI BLAIR, COUNTY RECORDER +* w 08/21/2018 03:31 PM Fee: $0.00 PAGE: 1 of 41 o 6 � ' i AS APPROVED BY MOHAVE COUNTY BOARD OF SUPERVISORS ORDINANCE 2018-05 AUGUST 20, 2018 MOHAVE COUNTY ORDINANCE NO. 2018-05 AN ORDINANCE ESTABLISHING THE MOHAVE COUNTY STORMWATER MANAGEMENT ORDINANCE WITH THE PURPOSE OF PROVIDING FOR THE HEALTH, SAFETY, AND GENERAL WELFARE OF THE CITIZENS OF MOIJAVE COUNTY THROUGH THE PROHIBITION OF THE INTRODUCTION OF NON-STORMWATER DRAINAGES TO THE STORM DRAINAGE SYSTEM, TO THE MAXIMUM EXTENT PRACTICABLE, AS REQUIRED BY FEDERAL AND STATE LAW. THIS ORDINANCE WILL ALSO PROTECT WATERS OF THE U.S. WITHIN MOHAVE COUNTY BY IMPROVING THE QUALITY OF THE STORMWATER RUNOFF FROM URBANIZED AREAS TO THE COUNTY -OWNED SYSTEM BY MEANS OF THE USE OF BEST MANAGEMENT PRACTICES (BMPS) BY THE COUNTY AND ITS CITIZENS. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on August 20, 2018, a public hearing was conducted to determine whether the Mohave County Stormwater Management Ordinance should be approved and adopted, and WHEREAS, Mohave County may enact a stormwater ordinance pursuant to AR. S. § 11 -251 .66 and A.I.S. § 49-371 and § 49-372. Mohave County, as a Municipal Separate Storm Sewer System under Phase 11 of the National Pollutant Discharge Elimination System (NPDES) Stormwater program of the Environmental Protection Agency (EPA) is empowered to regulate stormwater by the authority of the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., and WHEREAS, Mohave County meets the minimum federal requirements for designation by the United. States Environmental Protection Agency (EPA) as a small Municipal Separate Storm Sewer Operator or MS4. As a small MS4, the County is required by the Federal Water Pollution Control Act of 1972, commonly known as the Clean Water Act (as amended), to implement and enforce a program to improve, to the maximum extent practicable, the quality of stormwater in the County's stormwater conveyance system within the unincorporated urbanized areas of the County, and WHEREAS, This ordinance ensures that the County is compliant with its Arizona Pollutant Discharge and Elimination System (AZPDES) Permit requirements by establishing methods for controlling the introduction of Pollutants into the County's municipal separate storm sewer system (MS4)., and ORDINANCE NO. 2018-05 PAGE 2 WHEIZEAS, "I'lie objectives of this ordinance are: A, To regulate the contribution of pollutants to the County MS4 by stormwater drainage in unincorporated urbanized areas by any user. B. To prohibit illicit connections and drainages to the County MS4. C. To establish legal authority t6 carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance, and WHEREAS, the eligible areas that make up the MS4 for Mohave County lie outside the incorporated limits of Lake Havasu City, within the Colorado River — Lower Gila Watershed. The MS4 area consists of portions of Sections 8, 16, 17 & 21 of Township 14 N Range 20 W and Section 9, Township 13 N Range 19 W of the Salt and Gila River Base and Meridian, Mohave County, Arizona., and WHEREAS, on November 7, 2016, the Mohave County Board of Supervisors approved the award of Contract No. 16-PS-14 to JE Fuller Hydrology & Geomorphology, Inc. to aid Mohave County in the development and implementation of the many requirements involved with the MS4 permit, including the creation of this ordinance, and WHEREAS, a Public Notice detailing Mohave County's requirement to develop and adopt a Stormwater Management Program, and the location of the affected areas, was advertised in the Kingman Daily Miner and the Today's News Herald on April 2 and 9, 2017, and WHEREAS, the draft Mohave County Stormwater Management Ordinance has been available for public review and comment, for over 30 days, at the Development Services office and online at http://stormwater.mohavecounty.us, as required by as required by Arizona Revised Statutes, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on July 15, 2018, as required by Arizona Revised Statutes. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, August 20, 2018, APPROVED and ADOPTED Mohave County Ordinance No. 2018-05,The Mohave County Stormwater Management Ordinance, as outlined herein. MOHAVE COUNTY BOARD OF SUPERVISORS