(a) (1) Requirements.
No person shall cause or allow earth-disturbing activities, land clearing, grading, excavating, or filling except in compliance with the performance criteria set out in subsection (b) hereof. If the construction site is subject to regulations of the Ohio Environmental Protection Agency’s (EPA) National Pollutant Discharge Elimination System (NPDES) Storm Water permit for Construction Activity, the controls must satisfy the performance criteria set out in subsection (b) hereof, and any additional requirements of Part III.G.2 of the NPDES permit. If either subsection (b) or the NPDES requirement is more restrictive than the other, the more stringent requirement applies.
(Ord. 05-89. Passed 11-14-05.)
(2) Erosion and sediment control practices used to satisfy the performance criteria shall meet the standard and specifications in the current edition of Rainwater and Land Development (formerly Water Management and Sediment Control for Urbanizing Areas) (Ohio Department of Natural Resources). The engineer should design and implement control practices which go beyond these minimum requirements.
(3) The performance criteria are general guidelines and shall not limit the right of the City of Amherst to impose additional, more stringent requirements, nor shall the criteria limit the right of the City of Amherst to waive individual requirements.
(b) Performance Criteria.
(1) Timing of Sediment Trapping Practices. Sediment trapping practices shall be functional throughout all earth-disturbing activity. Settling facilities, sediment barriers and other practices intended to trap sediment shall be set up prior to grading and within seven (7) days from the start of grubbing. They shall continue to function until the up slope development area is permanently restabilized. As construction progresses and the topography is altered, appropriate controls must be constructed or existing controls altered to address the changing drainage patterns.
(2) Stabilization of Denuded Areas. Denuded areas have soil stabilization applied within seven (7) days if they are to remain dormant for more than twenty-one (21) days. For areas within 15 meters (50 feet) of any stream, soil stabilization shall be initiated within two (2) days on all inactive, disturbed areas. Permanent or temporary soil stabilization shall be applied to denuded areas within seven (7) days after a final grade is reached on any portion of the site.
(3) Settling Facilities.
A. Concentrated storm water runoff from denuded areas flowing at rates that exceed the design capacity of sediment barriers shall pass through a sediment-settling facility. The facility shall be designed according to Rainwater and Land Development, current edition.
B. A centralized sedimentation basin shall be utilized for common drainage areas equal to or greater than ten (10) acres.
(4) Sediment Barrier. Sheet flow runoff from denuded areas shall be intercepted by sediment barriers. Sediment barriers, such as sediment fences or diversions directing runoff to settling facilities, shall protect adjacent properties and water resources from sediment transported by sheet flow.
(5) Storm Sewer Inlet Protection.
A. All storm sewer inlets that accept water runoff from the development area shall be protected so that sediment-laden water will not enter the storm sewer system without first being treated to remove sediment, unless the storm sewer system drains to a settling facility.
B. There shall be no sediment-laden discharges to surface water of the state resulting from dewatering activities. If any sediment- laden ground water is encountered during trenching activities, then the sediment-laden ground water must pass through an effective sediment control device prior to being discharged from the construction site.
C. Areas designated for the storage or disposal of solid, sanitary, and toxic wastes, dumpsters, concrete truck washout pits, and fuel tanks shall be shown on the storm water pollution prevention plan (SWP3).
(6) Working In or Cross Streams.
A. To the maximum extent possible, earth-disturbing activities should be restricted in the buffer strip.
B. To the extent practicable, construction vehicles shall be kept out of streams. Where in-channel work is unavoidable, precautions shall be taken to stabilize the work area during construction to minimize erosion. Streams, including bed and banks, shall be restablized after in-channel work is completed, interrupted or stopped.
C. If a stream must be crossed by construction vehicles regularly during construction, a temporary stream crossing shall be provided.
(7) Construction Access Routes. Measures shall be taken to prevent soil transport onto surfaces where runoff is not checked by sediment controls, or onto public roads. Stone with geotextile construction entrance(s) shall be implemented as required by the City Engineer and the Ohio EPA. These will be planned and installed according to the requirements in the most recent edition of the Ohio Rainwater and Land Development manual. Soils transported onto roads shall be removed by either sweeping or scraping at the end of each work day. Water or water streams shall never be used to remove sediment from the roadway. Erodible material ramps in streets will not be used to enable equipment to cross curbs. Non-erosive materials (e.g., wood and stone) can be used.
(8) Sloughing and Dumping.
A. No soil, rock, debris, or any other material shall be dumped or placed into a water resource or into such proximity that it may readily slough, slip, or erode into a water resource unless such dumping or placing is authorized by the Chief of Amherst and, when applicable, the U.S. Army Corps of Engineers, for such purposes as, but not limited to, construction of bridges, culverts, and erosion control structures.
B. Unstable soils prone to slipping or landslides shall not be graded, excavated, filled or have loads imposed upon them unless the work is done according to a qualified professional geotechnical engineer’s recommendations to correct, eliminate, or adequately address such problems.
(9) Cut and Fill Slopes. Cut and fill slopes shall be designed and constructed in a way that will minimize erosion. Consideration shall be given to the length and steepness of the slope, soil type, up slope drainage area, ground water conditions, and slope stabilization.
(10) Stabilization of Outfalls and Channels. Outfalls and constructed or modified channels shall be designed and constructed to withstand the expected velocity from the critical year storm as defined in Section 1348.12(b).
(11) Establishment of Permanent Vegetation. Permanent vegetative cover shall be established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until ground cover is achieved which, in the opinion of the City of Amherst, provides adequate cover and is mature enough to control soil erosion satisfactorily and to survive adverse weather conditions.
(12) Disposition of Temporary Practices. All temporary erosion and sediment control practices shall be removed or permanently stabilized within thirty (30) days after final site stabilization is achieved or after the temporary practices are no longer needed, unless otherwise authorized by the City of Amherst.
(13) Maintenance. All temporary and permanent erosion and sediment control practices shall be designed and constructed to minimize maintenance requirements. They shall be maintained and repaired as needed to assure continued performance of their intended function and in accordance with Part III.G.2. of the NPDES permit for construction activity. The person or entity responsible for the continued maintenance of permanent erosion controls shall be identified to the satisfaction of the City of Amherst.
(14) Inspections. Inspections and documentation shall be completed in accordance with Part III.G.2.i. of the NPDES permit for construction activity and the regulations set forth in herein. The construction site operator shall provide that all controls on the site are inspected by qualified inspection personnel once every seven days and within twenty- four hours of 0.5 inches or greater rainfall. If inspection reveals the need for corrective action by the construction site operator, it must be completed in accordance with Part III.G.2.i. of the NPDES permit.
A. Documentation. The owner, or his designated representative, shall keep a written log of each inspection and any subsequent changes to the soil erosion, sediment control or other environmental controls. The inspection procedures and log must become part of the storm water pollution prevention plan (SWP3). This log should indicate the date of inspection, name(s) and qualifications of personnel making the inspection, weather conditions, observations, certification as to whether the facility is in compliance with the SWP3 and NPDES permit, and actions taken to correct any problems and the date action was taken. A copy of all of the inspection log sheets must be submitted to the Utilities Superintendent and City Engineer within three (3) working days of the date that the inspection was conducted.
(15) Control of Materials and Debris. Site management practices shall be implemented to prevent toxic materials, hazardous materials, or other debris from entering the City’s and State’s water resources or wetlands. These practices shall include, but are not limited to, the following:
A. A covered dumpster shall be made available for the proper disposal of construction site waste materials, garbage, plaster, drywall, grout, gypsum and etc. A second covered dumpster will be provided for the proper disposal of toxic and hazardous wastes.
B. The washing of excess concrete material into a street, catch basin, or other public facility or natural resource shall not occur. A designated area for concrete washouts shall be made available and used for all concrete washouts.
C. All fuel tanks and drums shall be stored in a marked storage area. A dike shall be constructed around this storage area with a minimum capacity equal to 110% of the volume of the largest container in the storage area. All additional requirements of the local fire authority must be followed. If the fuel tanks have a self-contained “dike,” the plug will be kept in the “dike” tank at all times.
D. Any toxic or hazardous wastes and/or contaminated soils must be disposed of according to all applicable environmental laws and statutes. Local health districts and Ohio EPA can provide guidance on these issues.
E. On a site with a prior industrial land use or a site that is contaminated with gasoline, fuel oil, hydrocarbon based chemicals or other Ohio EPA regulated contaminates, the storm water is considered wastewater. A permit from Ohio EPA is required to address these sites.
F. Proper permits shall be obtained for development projects on solid waste landfill sites.
G. Paint, paint washing liquids, excess paints and other paint wastes are considered solid wastes and shall be disposed of in accordance with applicable state regulations. Appropriate handling of these wastes shall occur at the site so as to prevent the discharge of these wastes into surface or ground waters.
1. Water based paint washing liquids and small quantities of excess water based paints may be disposed of by flushing down a connected sanitary sewer but may not be disposed of in an on-lot disposal system.
2. All other paints, paint thinners, and paint cleaning materials will be disposed of in the site’s hazardous waste disposal dumpster.
H. Restroom facilities will be provided for site workers at all times that workers are present on the site and during all phases of the construction.
I. All required permits from appropriate federal, state, or local agencies are required to develop land with a previous industrial or commercial use or another use that may have led to soil contamination by a regulated pollutant.
(Ord. 05-89. Passed 11-14-05.)