1173.06 COMPLIANCE WITH STATE AND FEDERAL REGULATIONS.
(a) Approvals issued in accordance with this regulation do not relieve the applicant of responsibility for obtaining all other necessary permits and/or approvals from the Ohio EPA, the US Army Corps of Engineers, and other federal, state, and/or county agencies. If requirements vary, the most restrictive requirement shall prevail. These permits may include, but are not limited to, those listed below. All submittals required showing proof of compliance with these state and federal regulations shall be submitted with Storm Water Pollution Prevention Plans or Abbreviated Storm Water Pollution Prevention Plans.
(1) Ohio EPA NPDES Permits authorizing storm water discharges associated with construction activity or the most current version thereof: Proof of compliance with these requirements shall be the applicant's Notice of Intent (NOI) number from Ohio EPA, a copy of the Ohio EPA Director's Authorization Letter for the NPDES Permit, or a letter, identifying a professional engineer, certifying why the NPDES Permit is not applicable.
(2) Section 401 of the Clean Water Act: Proof of compliance shall be a copy of the Ohio EPA Water Quality Certification application tracking number, public notice, project approval, or a letter, identifying a professional engineer, certifying that a qualified professional has surveyed the site and found no waters of the United States. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(3) Ohio EPA Isolated Wetland Permit: Proof of compliance shall be a copy of Ohio EPA's Isolated Wetland Permit application tracking number, public notice, project approval, or a letter, identifying a professional engineer, certifying that a qualified professional has surveyed the site and found no waters of the State. Isolated wetlands shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(4) Section 404 of the Clean Water Act: Proof of compliance shall be a copy of the U.S. Army Corps of Engineers Individual Permit application, public notice, or project approval, if an Individual Permit is required for the development project. If an Individual Permit is not required, a professional engineer shall submit proof of compliance with the U.S. Army Corps of Engineer's Nationwide Permit Program. This shall include one of the following:
A. A letter from the site owner certifying that a qualified professional has surveyed the site and found no waters of the United States.
B. A site plan showing that any proposed fill of waters of the United States conforms to the general and specific conditions specified in the applicable Nationwide Permit. Wetlands, and other waters of the United States, shall be delineated by protocols accepted by the U.S. Army Corps of Engineers at the time of application of this regulation.
(5) Ohio Dam Safety Law: Proof of compliance shall be a copy of the ODNR Division of Water permit application tracking number, a copy of the project approval letter from the ODNR Division of Water, or a letter identifying a professional engineer, certifying and explaining why the Ohio Dam Safety Law is not applicable.
(b) Irrespective of any other regulation set forth in this chapter, the City of Aurora, its Engineer, Planning Zoning and Building Director, Planning Commission or Council shall not be compelled or required to approve any plan, proposal or application, which deviates, violates, or contradicts the requirements or regulations imposed upon the City by the then current Ohio Environmental Protection Agency Stormwater Discharge Permit issued to the City under the National Pollutant Discharge Elimination System.
(Ord. 2010-182. Passed 2-14-11.)