As part of the general requirements for a NPDES permit, the SWP3 must be retained on-site at all times during construction activity. In addition, the NPDES permit requires that sediment and erosion controls be inspected by the subdivider or developer, or their duly authorized agents, once every seven days and within twenty-four hours of 0.5 inches or greater rainfall. A written log, as required by Part III.G.2.i. of the NDPES permit for construction activity, of these inspections must become part of the SWP3. This log should indicate the date of inspection, name(s) of and qualifications of personnel making the inspection, weather conditions, observations, certification as to whether the facility is in compliance, actions taken to correct any problems and the date action was taken. A copy of each of the inspection logs or records must be submitted to the Utilities Superintendent and City Engineer within three (3) working days of the date that the inspection was conducted.
(Ord. 05-89. Passed 11-14-05.)
(a) The City of Amherst or its representatives may inspect any development area to determine compliance with the state and federal permits and these regulations. In addition, the SWP3 shall be made readily available during any inspection. When it is determined that there is a violation or the development area is not in compliance, the following procedure shall be followed:
(1) The inspector representing the City of Amherst shall notify the site superintendent of the violation and the work required to be in compliance with all permits and these regulations. Notification must be written.
(2) Three working days following the inspection during which the violation was noted or after a time period mutually agreed upon by the inspector and the site superintendent, the inspector shall reinspect the site.
(3) If the violation still exists, The City of Amherst may issue, by certified mail or courier, an order to comply. The order shall describe the problem and the work required, and specify a date by which the work must be completed.
(4) On the date specified in the order to comply, the site shall be reinspected.
(5) If the City of Amherst determines that a violation still exists, one or all of the following options may be pursued:
A. Contacting the state or federal agency whose permit is being violated, request that the permit be revoked and that the agency begins its own enforcement procedures.
B. An injunction or other appropriate relief may be sought through the court of competent jurisdiction.
C. Suspension of any Amherst issued permits. No earth-disturbing activity shall proceed without the proper permits.
(Ord. 98-13. Passed 2-23-98.)