§ 86A-8. Use of best management practices to prevent, control, and reduce stormwater pollutants.  


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  • A. 
    Best management practices. Where the SMO has identified illicit discharges under this chapter or activities contaminating stormwater, the SMO may require implementation of best management practices (BMPs) to control those illicit discharges and activities, which may include the following:
    (1) 
    The owner or operator of private property or a commercial or industrial establishment to provide, at his/her own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or to private property through the use of structural and nonstructural BMPs.
    (2) 
    Any person responsible for a property or premises which is, or may be, the source of an illicit discharge or an activity contaminating stormwater, to implement additional structural and nonstructural BMPs to reduce or eliminate the source of pollutant(s) to the MS4.
    B. 
    Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section.