Birmingham, AL Environmental Rules: Stormwater Management (2026)
Key Facts
- Governing chapter
- Code Ch. 8, Ord. No. 14-198 (2014)
- Max fine
- $500.00 per violation
- Max jail term
- 6 months per violation
- Hazardous spill report window
- 911 immediately, official within 24 hrs
- Written confirmation deadline
- 3 business days after phone notice
- Appeal window for notice of violation
- 10 business days to Stormwater Appeals Board
- Enforcing official
- Director, Planning, Engineering & Permits
Summary
Birmingham's Stormwater Protection Ordinance bans dumping anything but stormwater into the city's storm drain system (the MS4) and requires an NPDES notice of intent for industrial and construction discharges. Violations carry fines up to $500 plus up to six months in jail, with each day a separate offense.
It shall be unlawful for any person to violate any provision of or fail to comply with any requirement of this chapter, provided however, proof of compliance or any demonstration of compliance with any NPDES permit is considered to be in compliance with the provisions of this chapter. Any person that has violated or continues to violate this chapter shall be, upon conviction, subject to a penalty of not greater than $500.00 and/or imprisonment for a period of time not to exceed six months for each violation. Each act of violation and/or each day upon which any violation shall occur or continue to occur shall constitute a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
Birmingham Code of Ordinances Chapter 8, adopted by Ordinance No. 14-198 on December 16, 2014, regulates non-stormwater discharges into the city's municipal separate storm sewer system (MS4) to comply with the city's NPDES permit. Sec. 4-8-21 prohibits any person from spilling, dumping, throwing, draining, or otherwise discharging pollutants or polluted water into the MS4, with narrow exceptions for things like landscape irrigation runoff, air conditioning condensation, non-commercial car washes, and dechlorinated swimming pool discharges. Sec. 4-8-22 bans illicit connections to the storm drainage system outright, including sewage lines tied into storm drains, and requires the city official (the director of Planning, Engineering and Permits) to issue a warning notice before ordering disconnection.
Sec. 4-8-31 makes property owners responsible for keeping the portion of the MS4 on their premises free of trash, debris and excessive vegetation, but liability attaches only to material that originated on that owner's property. Commercial, industrial and 'high-risk' sources (Sec. 4-8-41, 4-8-61) must submit an NPDES notice of intent or a statement that none is required before starting operations, and must implement best management practices to prevent pollutant discharge. Construction or land-disturbing activity additionally requires a Soil Erosion and Sediment Control permit under Ordinance No.
99-131 before work begins (Sec. 4-8-42). Anyone with knowledge of a hazardous material release into the MS4 must call 911 immediately and notify the city official within 24 hours (Sec. 4-8-72), while non-hazardous releases must be reported to the Birmingham Fire Department and the city official on the same 24-hour clock (Sec. 4-8-73); both require written confirmation within three business days (Sec. 4-8-74). The city official may enter private property during business hours with credentials to inspect, sample, and test for illicit discharges (Sec. 4-8-51), and may seek a search warrant if access is refused (Sec. 4-8-52).
Violations & Fines
Sec. 4-8-81 makes any violation of the chapter punishable, upon conviction, by a fine of not more than $500.00 and/or imprisonment of up to six months, with each violation and each day a violation continues charged as a separate offense. Before prosecution the city official typically issues a warning notice (Sec. 4-8-82) and then a formal notice of violation (Sec. 4-8-83) setting required remediation steps and a compliance deadline; failure to complete the city's own abatement work lets the city bill the violator for the cost. The city may also seek an injunction, civil damages, attorneys' fees and court costs under Sec. 4-8-86 and 4-8-87, and can order emergency abatement under Sec. 4-8-85 when a discharge poses an imminent threat.
Frequently Asked Questions
What can't I dump into a Birmingham storm drain?
What happens if I connect a sewage line to a storm drain?
How much can I be fined for a stormwater violation in Birmingham?
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Who enforces Birmingham's stormwater rules and can I appeal?
Sources & Official References
Other rules in Birmingham
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Stormwater Management in Nearby Cities
How other cities in Jefferson County handle stormwater management.