It is the intent of the City of Amherst to ensure that before any earth-disturbing activity begins, all state and federal permits have been granted. State and federal permits which may be required include, but are not limited to: Section 404 permit granted by the U.S. Army Corps of Engineers, Section 401 water quality certification issued by the Ohio Environmental Protection Agency, a National Pollutant Discharge Elimination System (NPDES) permit issued by the Ohio Environmental Protection Agency, and a permit for the construction of dams, dikes, and levees as required by the Ohio Department of Natural Resources, Division of Water.
(a) According to the federal Clean Water Act, anyone (including private citizens, federal, state and local agencies) who wishes to discharge dredged or fill material into waters of the U.S., including all wetlands, must obtain a Section 404 permit and a Section 401 water quality certification. A Section 401 water quality certification must be obtained before a Section 404 permit is granted.
Examples of activities which may require a Section 404 permit and a Section 401 water quality certification include: placement of riprap for erosion protection, placing fill, grading, ditching, stream channelization and stream diversion.
(b) Any discharge of water, with certain exceptions for storm water, from a point source must be covered by a permit from the Ohio EPA. Federal regulations at 40 CFR 122 and the Ohio Revised Code at Section 6111.04 prohibit point source discharges to waters of the State without first obtaining a NPDES permit. This includes point source discharges of storm water associated with industrial and construction activity, among others.
To fulfill the requirements of a NPDES permit, a Storm Water Pollution Prevention Plan must be developed for the proposed site. In addition a Notice of Intent (NOI) application must be submitted to the Ohio EPA certifying an applicant's intention to comply with the permit.
(c) According to the Ohio Department of Natural Resources, no dam may be constructed for the purpose of storing, conserving, or retarding water, or for any other purpose, nor shall any dike or levee be constructed for the purpose of diverting or retaining flood waters unless the person or governmental agency desiring the construction has a construction permit for the dam, dike, or levee issued by the chief of the division of water of the Ohio Department of Natural Resources. Some construction projects may be exempt from the above requirement. The person or governmental agency shall check with ODNR to determine whether the proposed project is exempt.
(Ord. 98-13. Passed 2-23-98.)
(d) (1) When the development area involves the construction of a proposed subdivision of more than five lots or the development is subject to the requirements of the NPDES permit for construction activity, the subdivider shall submit all required state and federal permits to the Amherst City Engineer at the same time construction drawings are being submitted for final approval. The SWP3 developed as part of the NPDES permit requirement must also be submitted at this time. The City Engineer shall check to ensure that all required permits have been obtained. In addition, the City Engineer will review the SWP3 to ensure that it has been developed in accordance with the Ohio EPA requirements. If the City Engineer determines that SWP3 does not meet Ohio EPA requirements, the SWP3 will be returned to the subdivider so that the SWP3 can be revised and resubmitted for approval.
In the event that the subdivider has applied for but not yet received a state or federal permit, the subdivider may submit a copy of the application to the City Engineer to prevent delays in submitting final construction plans for review. The City Engineer shall not, however, grant final approval of the proposed subdivision until all required permits have been submitted and the SWP3 has been accepted.
(Ord. 05-89. Passed 11-14-05.)
(2) When the development area involves the construction of five lots or less, or involves a commercial or industrial site, the developer shall submit all required state and federal permits to the City of Amherst building department at the same time that a grading plan or other required information is being submitted for approval. The SWP3 must also be submitted at this time. The Building Inspector shall check to ensure that all required permits have been obtained. In addition, the Building Inspector will review the SWP3 to ensure that it has been developed in accordance with Ohio EPA requirements. If the Building Inspector determines that the SWP3 does not meet these requirements, the SWP3 will be returned to the developer so that the SWP3 can be revised and resubmitted for approval. The building department shall not grant building permits until all required permits have been submitted and the SWP3 has been accepted.
(3) Before approval and acceptance of improvements is made by the City of Amherst, the subdivider or developer must submit to the City Engineer a copy of the Notice of Termination (NOT) as required by the Ohio EPA declaring that the site has reached final stabilization.
(e) All earth-disturbing activities shall be subject to site inspection by the City of Amherst to determine compliance with these regulations.
(Ord. 98-13. Passed 2-23-98.)