Storm Water Programs

The Stormwater regulations apply to construction sites located in certain urbanized areas of the County that have been designated as MS4's. Note that the urbanized areas are determined by US Census data.

Click here for a map of: Benton County MS4


Purpose & Objectives

The purpose and objectives of the Stormwater Pollution Prevention, Grading, and Erosion Control regulations are as follows:

  • To maintain and improve the quality of water impacted by the storm drainage system within the designated urbanized areas in the County.
  • To prevent the discharge of contaminated stormwater runoff and illicit discharges from industrial, commercial, residential, and construction sites into the storm drainage system within the designated areas in the County.
  • To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the storm drainage system.
  • To encourage recycling of used motor oil and safe disposal of other hazardous consumer products.
  • To facilitate compliance with state and federal standards by owners of construction sites within the designated areas in the County.
  • To enable the County to comply with all federal and state laws and regulations applicable to the National Pollutant Discharge Elimination System (NPDES) permitting requirements for stormwater discharges.

Permit Process

All construction activities within the designated areas of Benton County require a Stormwater Permit prior to the starting any construction activity on-site. Where construction on a site will disturb soil or vegetation on one (1) or more acres of land during the life of the construction project; this shall include a single lot in a subdivision regardless of size, the following are required as part of the Stormwater Permit:

  • An approved Stormwater Pollution Prevention Plan (SWP3)
  • Grading and Drainage Plan (if applicable)
  • Erosion Control Plan

Application Fees:
Total Project Area..................................................................................Fee
1 acre or less .....................................................................................$50.00
Greater than 1 acre........................................................................$100.00

Furthermore, any costs incurred by the County utilizing the services of the County Engineer will constitute an additional fee to be paid by the filer of any plan.


Review Process

  • Pre Consult with the Stormwater Manager
  • Complete a Benton County Stormwater Application (insert link) and applicable drawings or documents including fees
  • Submit the complete application including a CD containing pdf of the application form and documents/drawings or address any Stormwater related queries to the following address:

  • After the plan has been approved, all documents completed, and all fees paid, a Stormwater permit will be issued.
  • A copy of the Stormwater Permit, SWPPP shall be made available on the site prior to commencing construction.

Note: The implementation of Erosion and Sediment Control Best Management Practices to prevent the release of sediment from construction sites is required. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately. Upon completion of permitted construction activity on any site, the property owner and subsequent property owners will be responsible for continued compliance with the requirements of this program, in the course of maintenance, reconstruction or any other construction activity on the site. A Grading Plan may be required for any land alterations in a designated area.


Regulation Requirements

  • Must be prepared by a qualified person
  • Must give name, address, and phone number of project owner
  • Identify existing natural resources such as streams, forest cover and other established vegetative cover
  • Specify and give details of all Best Management Practices (BMPs) [PDF] necessary to meet requirements of the program, including any applicable BMPs that have been adopted and imposed by the Environmental Affairs Officer (EAO)
  • Specify when each BMP will be installed and duration it will be maintained during construction sequence. This may require multiple plans for major phases of construction
  • Delineate all anticipated disturbed areas and specify the vegetative cover that must be established in those areas to achieve final stabilization


Implementation

  • BMPs must be installed and maintained by a qualified person as defined in the Court order
  • The owner, developer and/ or their representative shall be able to produce a copy of the SWP3 plan on site upon the request of the EAO
  • Be prepared to respond to unforeseen maintenance of specific BMPs
  • Inspect all BMPs at least two (2) times per month and within 24 hours after a rainfall of ½ inch or more as measured at the site or generally reported in the area
  • Based on the inspections by the owner and/ or developer or the EAO modifications to the SWP3 plan will be necessary, if at any time specified BMP’s do not meet the objectives


Utility Construction Requirements

  • Prior to construction utility agencies shall obtain from the owner and/ or developer a copy of any SWP3s for the project
  • Utility agencies shall be responsible for compliance with the requirements of this program
  • Implement BMPs to prevent the release of sediment from utility construction sites. Minimize disturbed areas. Disturbed soil should be managed and construction site entrances shall be managed to prevent sediment tracking onto public streets


Grading Plans

  • Applies to any person proposing to engage in clearing, filling, cutting, quarrying, construction or similar activities on any piece of disturbed land one (1) acre or larger including a single lot in a subdivision. No land shall be altered or cleared to the extent regulated in this program unless a plan has been filed with the Environmental Affairs office.
  • Grading plans are not applicable to dirt pits, gravel pits, or quarries which are governed by State laws, however a SWP3 plan is still required
  • All land alteration in properties within the designated floodplain requires a grading plan without exception
  • A grading plan is not required for emergency work or repairs to protect health, safety and welfare of the public


Drainage/Grading Plans

  • Acreage of proposed project
  • Land area to be disturbed
  • States of grading showing the limits of sections to be graded and indicate the approximate order of development
  • Height and slope of cuts and fills (see regulation for specification requirements)
  • Provision for collection and discharge of surface water
  • Erosion and sediment measures- structural and vegetative
  • Seal, Certificate of Authority and signature of a qualified engineer under state regulation to certify that the grading and drainage plan complies with this program, ADEQ regulations, and any regulations promulgated hereto.
  • A vicinity drawing showing locations
  • Location of all known existing sewers, water mains, culverts and underground utilities within the tract and immediately adjacent thereto; location of existing permanent buildings on or immediately adjacent to the site
  • Identification of rights-of-way or easements affecting the property
  • A plan of the site at a minimum scale of one inch equals one hundred feet or less
  • Other information may be required by the EAO (see regulation for list)
  • The EAO may allow minor modifications of the plan to alleviate particular problems during the process of construction


FAQ

Who needs a stormwater permit?

A Permit is required for any construction activity within a designated area in the County.


What does the County require?

  • An approved Stormwater Pollution Prevention Plan (SWP3) including erosion control techniques and Best Management Practices (BMP) for sites an acre or more
  • Grading and Drainage plans for sites an acre or more
  • Permit fee
  • An approved Stormwater Permit issued by the Arkansas Department of Environmental Quality (ADEQ), if applicable


What are the Costs?

  • 1 acre or less, $50.00 per plan
  • Greater than 1 acre, $100.00 per plan
  • Any costs incurred by the County utilizing the services of the County Engineer will constitute an additional fee to be paid by the filer of any plan


Important Links

ADEQ Stormwater Website
Best Management Practices Manual
January 30, 2009 Order
Map of Benton County MS4
Annual Reports to ADEQ (2006-2011)
Pre-Construction Stormwater Training For Contractors
Pre-Construction Stormwater Training Video
Take the 'Stormwater Quiz'
Stormwater Permit Application